Showing posts with label Skeptical CPA. Show all posts
Showing posts with label Skeptical CPA. Show all posts

Wednesday, January 21, 2009

"there was no confusion on wall street and investment banks were not at all duped by rating agencies"

From the Skeptical CPA:

"J'accuse

"first, late-stage receivables securitizations were a criminal fraud perpetrated by the investment banks in conjunction with mortgage lenders. tavakoli asserts there was no confusion on wall street and investment banks were not at all duped by rating agencies--indeed, they knowingly exploited the conflicted interests and moral weakness of those agencies to sell trillions of loss-making loans onto unsophisticated investors. they did so in an effort to pass off investment bank losses while collecting fees on the packaging and distribution of those losses. ... nail not only their bankrupt leadership but these outfits themselves to a tree and light it on fire. i'll more than gladly accept permanently lower growth as the price paid for the modest semblance of moral rectitude, culpability and worthiness that might ensure that 'banker' is not merely another euphemism for 'parasite'," gaius marius (gm), 9 January 2009 at: http://declineandfallofwesterncivilization.blogspot.com/2009/01/start-with-indictments.html.

( THIS IS BASICALLY MY POSITION, AND WHY I SAY THAT FRAUD, NEGLIGENCE, FIDUCIARY MISMANAGEMENT, AND COLLUSION, ARE THE SECOND LEADING CAUSE OF THE CRISIS. )

gm has a link to a 6-minute interview with Janet Tavakoli (JT) of Chicago who says things like "there were no black swans, but black barts". See it. She's wonderful! I love you JT! JT is as critical of investment bankers (IB) who sold MBSs and CDOs as I've been. JT contends IBs knowingly packaged garbage which they sold to investors. The scheme was something akin to what I call a "secured debt, unsecured debt swap" prior to bankruptcy of an insolvent company. gm is more hostile to the IBs, than me. Imagine, he wants them burned at the stake. I'll settle for their merely visiting GSG's CNC guillotine! Chop, chop! For an explanation of what's going on see:

http://skepticaltexascpa.blogspot.com/2007/09/are-tehy-really-this-stupid.html.

http://skepticaltexascpa.blogspot.com/2007/12/of-quants-faith-and-alcoholics.html.

http://skepticaltexascpa.blogspot.com/2008/12/deprizio-doctrine-and-aig.html."

The Black Swan was the inability of the government to easily and effectively deal with the mess created. Most of the Investor Class believed that the government could. They were wrong.

Saturday, January 3, 2009

"The core of the crisis lies in the legal provisions of limited liability"

Here's a proposal from the Skeptical CPA. It certainly has some appeal, as I've said before about this proposal:

"Hans-Werner Sinn Gets It

"Now that the countries of the west have agreed to a three-trillion dollar bailout programme to rescue their banking systems, it is time to look forward and to draw lessons from the crisis. To do this we must understand the causes of the crisis. ... The core of the crisis lies in the legal provisions of limited liability. Creditors of corporations have no claims against the personal assets of the owners (shareholders) of these corporations. ... In times of great economic insecurity, however, limiting liability can become a problem because it induces entrepreneurs to become gamblers. ... The risks created incentives to minimise the stock of equity kept inside these firms, and the small amount of equity capital in turn created incentives to pursue overly risky operations. The interplay of these incentives is the actual cause of the crisis--and this is where reform must begin. The privilege of limited liabilty is not a creation of the market. ... Politicians must finally face the task of defining legal liability limitations for corporations by establishing strict minimum standards for equity capital requirement for the various business models of the banks, both in America and in Europe", my emphasis, Hans-Werner Sinn, 17 December 2008 at http://www.voxeu.org/index.php?q=node/2701.

I agree with Sinn, a University of Munich professor, but think his remedy unworkable as the system will be gamed and publicly-traded companies shares would in effect, be traded with "coupons attached". How do you attribute liability to a shareholder who owned his 100 shares for three days of the company with nine billion shares outstanding? Assume you make a three-year "fraudulent transfer" search. Should the 100 share shareholder be liable for 300 / 9,855 billion of the company's liabilities (9 billion x 365 x 3)? Should you bring hundreds of thousands of shareholders into the bankruptcy? I proposed making officers of companies liable up to three times each's last three years' compensation. In effect, making publicly-traded companies limited partnerships."

I think that this won't be as effective as envisaged, and could be accomplished by simply instituting a more sensible form of manager's compensation, which would amount to the same thing. There will be various adjustments by the Partnerships to move their compensation into other areas. Also, having been in a small partnership, mandating them will have negative consequences, and might lead to years of litigation about such a law's legality. Instead, we should focus on the civil and criminal remedies that we currently have to help prevent this from happening again.

The Skeptical CPA seems to believe that it was a case of well compensated managers who had incentives to gamble with other people's money without consequences. I would say that the current situation was a case of massive Fraud, Negligence, Fiduciary Mismanagement, and Collusion. Failure to investigate and prosecute these civil and criminal crimes will be a disaster going forward, and focusing on personal liability ( Frankly, they are personally liable if they committed any of the above crimes ) for managers who see a very selective application of current laws and regulations will hardly terrify them going forward.

Finally, it is up to the Investors to manage their own risk. If the managers truthfully and diligently informed the investors of the risks and fees, then there is no real complaint against them. If, on the other hand, they did not, then we have plenty of current remedies for investors who have been misled.

Saturday, December 20, 2008

"conspiracy, bribery, fraud, money-laundering and tax evasion related to $5.4 billion worth of financial contracts negotiated"

As long as were talking about fraud, from the Skeptical CPA:

"Federal prosecutors on Monday unsealed a 101-count indictment against the mayor of Birmingham, Ala., and two associates on bribery and other charges related to the $5.4 billion worth of financial instruments for a massive cleanup of county sewers. ... The indictment accuses Mayor Larry Langford--along with Birmingham investment banker William Blount and local lobbyist Albert LaPierre--of conspiracy, bribery, fraud, money-laundering and tax evasion related to $5.4 billion worth of financial contracts negotiated while Mr. Langford was in his previous post as president of the Jefferson County Commission. ... The 62-page indictment follows an investigation and civil lawsuit earlier this year by the [SEC] with largely identical allegations. That case is pending. ... The county's problems stem from a series of derivative contracts, known as interest-rate swaps, negotiated to finance the improvements to water and sewer systems. ... The county's credit downgrade and the change in the value of the swap caused its counterparties to demand additional collateral for the swaps. But county officials have said they can't meet that increase in collateral and continue to make bond payments. Jefferson now owes more than $400 million to swap counterparties, according to Swap Financial Group, a south Orange, N.J., advisory firm", my emphasis, Paulo Prada and Craig Karmin (P&K) at the WSJ, 2 December 2008.

"Larry Langford ... is accused of telling Wall Street giants JP Morgan, Goldman Sachs, Bank of America and the now-bankrupt Lehman Brothers that they had to include his friend's investment banking firm on the deal if they wanted to handle the county's bond work, which was worth hundreds of millions of dollars", Houston Chronicle, 2 December 2008.

As soon as I read the words "swap counterparties" I thought,"what is Goldman's part in this"? GSG isn't named in P&K's article. Need to post more collateral, just tell Zimbabwe Ben that Jefferson County is an AIG affiliate. Piece of cake!

That'll learn yuh! If GSG doesn't want someone in its "syndicate", it will call its "enforcement arm" on you, the (in)Justice Department. Nobody tells GSG anything, excepting maybe, Vladmir Putin. Maybe."