Showing posts with label regulation. Show all posts
Showing posts with label regulation. Show all posts

Tuesday, June 2, 2009

major participants in the derivatives market have agreed to what amounts to a significant overhaul of the OTC universe.

TO BE NOTED: From Alphaville:

"
Wall Street makes significant concessions on OTC derivatives

Apoplectic regulators like CFTC chairman Gary Gensler - on the job for all of a week and already condemning the evils of credit default swaps - ought to welcome the news that major participants in the derivatives market have agreed to what amounts to a significant overhaul of the OTC universe.

Wall Street banks have committed to the following, according to a statement from the New York Fed issued on Tuesday (emphasis FT Alphaville’s):
* Recording all OTC derivatives transactions in trade repositories: Registering the complete universe of OTC derivatives trades in either central counterparties or trade repositories will improve the ability of regulators to monitor the OTC derivatives market and will increase transparency to the public. The signatories have committed to record all of their credit derivatives trades by mid-July and to establish centralized reporting infrastructures for interest rate and equity derivatives.

* Expanding CDS central clearing to customers by mid-December 2009: A key regulatory priority is to extend the risk reduction benefits of CDS Central Counterparties (CCPs) to all market participants. Dealer clearinghouse participants have committed to provide their clients* with access to any viable CDS CCP solution no later than December 15, 2009.

(*By “clients” read “hedge funds”)
* Expanding central clearing to a wider range of OTC derivative products: Market participants have set near-term targets to expand central clearing support for credit and interest rate derivative products. Expanding central clearing support for standardized OTC derivatives instruments will maximize the credit risk reduction and operational efficiency benefits provided through use of prudently managed, financially strong and regulated CCPs.

* Strengthening counterparty risk management: Major dealers have committed to implement daily reconciliation of portfolios, a requisite practice for robust counterparty credit risk management, by June 30, 2009. In addition, by September 30, 2009, market participants will publish a standard mechanism for timely and fair resolution of valuation disputes.

* Establishing broad-based and transparent industry governance: The industry commits to enhance its newly-established governance structure to ensure that a broad range of market participants will be included in open, transparent decision-making processes that fairly balance the interests of dealers and their customers.

* Continuing to drive operational performance improvements: Market participants have committed to improve operations in four key areas: matching trades on trade date, increased automation, increased standardization and continued reduction of trade confirmation backlogs.

Of course, not all of these are new - dealers have been promised to reduce trade confirmation backlogs for the better part of a decade - but they are notably more specific. Crucially, this is the first time industry participants have set dates and timelines for achieving their various “operational efficiencies.”

Wall Street’s letter to the Fed laying out its commitments is here; a summary (in handy table format) is here.

Related links:
BlueMountain set to earn $817m on CDS - Bloomberg
Central counterparties and CDS risk, a contrarian argument - FT Alphaville
US calls for OTC derivatives regulation - FT

Me:

Don the libertarian Democrat Jun 2 23:02
I'd like to know how this would help in a panic. The reason that CDSs and CDOs froze was because they were sitting right on the bottom of the Flight to Safety totem pole. In other words, in a Flight to Safety, they lost a good part of their worth, especially as compared to other assets. That left the owners of them in a quandary. Whether to sell or hold onto them. The crisis was a huge disparity between bid and ask. That will happen next time as well, if we have a Flight to Safety. The reason is simple: Safe is relative to other assets and the financial context. You cannot stop this reordering and revaluation of assets in a panic. You can only hope to smooth it out. This might help marginally, but, unless the assets are immediately callable, I don't see how.

Tuesday, May 19, 2009

what role regulation can play in the face of people’s eternal willingness to believe the too-good-to-be-true is unclear

TO BE NOTED: From Risk Without Reward:

"
Kroll Global Fraud Report

Kroll have recently published their latest Global Fraud Report. This is a very interesting summary of the causes and impact of a range of global frauds across industries.


The introduction states:

"Ultimately fraud involves human beings, both as perpetrators and victims. Greed has again demonstrated that, even before the downturn, it was more than a match for good sense or ethics among many supposedly sophisticated investors – whether in the Madoff affair or the sub-prime follies which started the current economic slide. As this edition shows, understanding the effect of bad economic times on people’s emotions is essential to seeing where fraud is headed, and what might be done about it. Some individuals will be more careful to protect their assets. Others, however, will be more desperate: those with a criminal bent may look to maintain lifestyles through running scams; more honest ones might be more susceptible to get-rich-quick schemes or self-proclaimed Robin Hoods that promise to restore depleted finances. Still others, normally perfectly honest, may even engage in fraud and misrepresentation for what they consider noble motives – to preserve the jobs of thousands of colleagues.


As this edition notes, what role regulation can play in the face of people’s eternal willingness to believe the too-good-to-be-true is unclear. This does not mean we are helpless. Due diligence and compliance best practice, as well as applying the correct tools to fight back once fraudsters have struck, are all part of addressing this threat."


Couldn't agree more.


www.castlehallalternatives.com

Hedge Fund Operational Due Diligence"

Saturday, April 4, 2009

So either we need to accept that creditors get a free pass this time, or we need to relax one of those constraints.

From The Baseline Scenario:

"What happened to the global economy and what we can do about it

with 5 comments

Tyler Cowen, co-author of a prominent independent economics blog, has an article in The New York Times explaining “Why Creditors Should Suffer, Too.”

What the banking system needs is creditors who monitor risk and cut their exposure when that risk is too high. Unlike regulators, creditors and counterparties know the details of a deal and have their own money on the line.

But in both the bailouts and in the new proposals [for financial regulation], the government is effectively neutralizing creditors as a force for financial safety.

I couldn’t agree more (except for the bit about the regulatory proposals, and that’s just because I haven’t read them closely). We need creditors who will pull their money or demand tougher terms from financial institutions that are doing things that are either too risky or just plain stupid; that’s theoretically a more efficient and cheaper enforcement mechanism than regulatory bodies.

Cowen also has an accurate read of the current situation:

This poses a very difficult public relations problem for the government, because the Federal Reserve and the Treasury do not want to discuss the importance of the creditors too publicly right now.

Why not? It would be bad precedent, and mind-bogglingly expensive, to promise to pick up all future obligations to major creditors. At the same time, any remarks that threaten to leave creditors hanging could panic the markets. So silence reigns.

Or, there’s an implicit expectation that creditors of large financial institutions will be protected, but that expectation periodically wears off and has to be bolstered by some confidence-boosting measure, but that measure can never be an explicit guarantee . . . and so on.

Cowen has some suggestions for how to fix this problem in future regulation. But what should we do right now? As long as the ongoing, ever-changing bank bailout leaves existing entities (a) under current ownership and (b) out of bankruptcy court, no force on earth can make the creditors suffer without their consent. So either we need to accept that creditors get a free pass this time, or we need to relax one of those constraints.

By James Kwak

Written by James Kwak

April 4, 2009 at 11:00 pm

Me:
  1. To the extent that the creditors are:
    1) Insurers ( We’ll bail them out )
    2) Pensions ( We’ll bail them out )
    3) Countries ( We’ll pay them much higher interest )
    4) Holders of large amount of US credit ( The might help cause a stop )
    we’re in a bind here. For now, I’ve said game over. At the very least, a huge haircut or default in the current situation would have real negative consequences.

    I’ve said we should move on and use our energy to reform the financial system going forward. If the opportunity arises, and we’re not shooting ourselves in the foot, I’d be the first person to favor the creditors eating the losses. Not because it won’t have negative consequences, but because taxpayers eating the losses has more negative consequences.

    I believe that William Gross takes the opposite view, and feels that it’s better for the taxpayers to take a hit in the long run than creditors, who are essential as investors in our markets. It’s a defensible position, but I disagree. I could also be misunderstanding him.

    Everything depends on the assumptions that you make. I assume that we can’t yet seize the large banks or put them in some kind of bankruptcy. After all, we seize banks.

    If we become majority shareholders and run the banks, I believe that we’ll then be on the hook to the creditors. I could be wrong.

    So, we’re in a bind. I’d prefer that we admit it and get on with it.

    By the way, if we’re going to have a Lender Of Last Resort, I don’t see any way to rule out intervention in a financial crisis. That’s why I favor narrow banking and a penalty for the increasing size of banks, and a very rigid application of Bagehot’s views, in which we apply moral hazard quickly and consistently. Of course, people have been saying that they’re committed to his views since he expressed them.

    Also, to the extent that bondholders are people who have loaned money to US businesses, I don’t think that it’s a great idea to call for their heads. It’s enough to remind them of the risks involved in investing. Oddly, I’d like investors to keep investing in the US. Oddly.

Again, it’s about assumptions. After Lehman, what I saw was a Calling Run, the first stages of Fisher’s Debt-Deflation Spiral. In order to stop it, the government needs to guarantee everything, hoping, of course, that the guarantees stop the panic and allow for an orderly unwinding of losses.

As near as I can tell, the government has been doing that without saying so explicitly. But only the government can stop a Calling Run, because only the government has the resources to be believed that it could backstop the run. It’s akin to FDIC stopping a bank run.

Short of those guarantees, investors will continue in the Flight To Safety, with no natural or predictable stopping point. Pure dread man.

Wednesday, December 31, 2008

The Place Of Government Guarantees In Avoiding Bank And Calling Runs

I want to briefly talk about the causes of this crisis before the silly explanations like lack of regulations and complex investments win day, as they surely will, guaranteeing that this system will go on and even implode again in the near future, although hopefully not to the this extent.

I want to ask a simple question: Does FDIC Insurance on individual accounts help prevent bank runs? Bank Runs being a result of depositors running to the bank to get their money out before the resources of the bank run dry, leaving a number of depositors to lose their money. If you think that FDIC Insurance is stupid, illegal, unconstitutional, a gift to moral hazard, doesn't help stop bank runs, and should be gotten rid of, then my points going forward won't matter to you. I do, however, address this position at the end of the post.

Now, our current crisis is a Calling Run. As the credit rating of a business goes down, investors or creditors that can demand money from the business do so, forcing the business to sell assets or borrow to fund these calls, which leads to a further deterioration of the finances of the business and a further downgrade, which leads to more calls... Now, if better regulations and higher capital standards are all that is needed to stop runs, why do we need FDIC Insurance? Surely higher capital standards and better regulation should suffice to stop a Bank Run. You see my point.

In the current crisis, the flight to Treasuries was in lieu of an explicit government guarantee concerning their assets. Investors fled into explicitly guaranteed, and hence liquid investments, since they can be priced, and even fled from implicitly guaranteed investments. In other words, investors fled to an equivalent of the FDIC. Simply put, you need government guarantees about losses to stop a run. Regulations and Capital Standards won't suffice. Well, they could, but they would be incredibly onerous and high, making them impractical, so, in effect, you need government guarantees to stop runs.

In the current crisis, it has all been about the extent and particulars of government guarantees. Certainly the gyrations of government actions have led to problems, but only in the sense of not making the extent of the guarantees explicit and particular. Anyone who believes that we could stop this crisis without government guarantees, like US Treasuries, is wrong.

From my analysis, it's clear that regulations and capital standards are not sufficient to stop a run. They might have effected this crisis in some manner, but explaining the crisis by seeing what has just occurred and writing laws that might have prevented it is of very little use, and has no real explanatory power. It's a help going forward, but, taken too particularly, it will result in a set of rules and laws that very smart people will manage to elude.

What to do then going forward?
1) Put in some sort of FDIC Insurance for these investments
2) Accept that runs might occur, and do your best to preclude them and be prepared for them
On 2, I say," good luck". Wishful Thinking at its worst. This is what will happen naturally.
On 1, what can we do? I suggest Bagehot's Principles. We need a LOLR I'm sorry to say in the modern world. All that we can do is make the guarantees explicit and adhere to firm standards going forward. But there is no practical solution without LOLR guarantees. They should be robust enough to preclude Calling Runs. One solution would allow some minimal use of FVA as opposed to MTM in supervised cases, with a government guarantee.

For libertarians, I'm sorry. This is the best that we can do for you. However, by averting Runs, we can avoid the kind's of crises that usher in enormous government intrusion. That should prove sufficient to the practically minded.

Finally, to the FDIC abstainers, a Burkean response. We don't have the FDIC for James Grant. We need it for:
1) Our actual Investor Class, which feeds on government guarantees and intervention.
2) Much more importantly, and let me put this in terms that the Investor Class can understand, in order to stave off social rebellion. A system that leads to mass unemployment, low wages, a very wealthy upper class, is not stable. Telling average workers to accept the pain of recessions and depressions is going to eventually lead to trouble. They don't have to. In other words, some people believe that we live in a world where such events as rebellions cannot occur. Of course, some people live in a world where depressions cannot occur. As a good Burkean, I know that isn't our world, and the bonds of civil society must allow compromise in order to stave off societal dislocations.

Thursday, December 25, 2008

"Things may be bad, but I don’t think we are going back there. "

John Plender with a good post in the FT:

"
Insight: Opportunities for cheer in this time of adversity

By John Plender

Published: December 23 2008 16:06 | Last updated: December 23 2008 16:06

In a spirit of seasonal goodwill, this column will attempt to cheer shell-shocked investors with a little optimism.

Quixotic, I grant you, after a year in which the lights went out all across the global financial system. But worth a try, even if the caveats have to be set out first.

There is no escape from the fact that the global economy in 2009 will be truly awful. Worse, with surplus( SAVER ) countries such as Japan, Germany and China showing no sign of contributing to a solution to global imbalances( THEY WANT TO KEEP THE CURRENT SYSTEM, AS MUCH AS POSSIBLE ), subtrend growth is on the cards for some years after the recession comes to an end( NO WAY OF KNOWING THAT ).

The return of the state as an important actor in the economies of the developed countries takes us into a far from brave new world in terms of animal spirits( WE'LL GET THEM BACK ).

Capitalism will be( SLIGHTLY ) more heavily regulated( TRUE ) and less entrepreneurial( FALSE ). As for the financial system, a further round of bank recapitalisations will be needed( MAYBE ) and the problem of pricing toxic paper remains unresolved( IT WILL BE SOLVED SOON ).

Note, too, that when the financial system finally does recover and the economy is on the mend, the timing of any return to fiscal and monetary rectitude, after the huge efforts to stave off deflation, poses a horrific policy challenge( FAIR ENOUGH ).

Yet it is clear that the US will leave no policy stone unturned in the attempt to put the economic show back on the road( TRUE ), so there should be no Japanese-style lost decade in North America.

That is a very positive message for the global economy. And in the world of investment, opportunities abound while pessimism rules( I AGREE ).

The most interesting now lie in the corporate bond market( I AGREE ). As Mark Kiesel of the bond fund manager Pimco points out, high quality credit spreads are trading at their widest levels for 75 years, while investors this month have been able to put their money into a diversified basket of investment grade corporate bonds yielding 8 per cent compared with an earnings yield on the S&P 500 of 6 per cent or less.

All across the developed world, corporate bond yields appear to be discounting defaults on a scale that defies common sense( I AGREE ).

Equities likewise look cheap in big markets in terms of the Q ratio, which measures share prices relative to the replacement cost of net assets, and price earnings multiples( TRUE ). Yet the market will probably have to cope with some spectacular bankruptcies in 2009 and in a more muted capitalist environment the earnings prospect in the developed world looks unexciting.

So while the market will find a floor, any bounce may be tame( WE'LL SEE ). The way to make big money in equities will be to identify those companies that will defy the market’s expectation that they will fail( THAT'S TRUE ).

In terms of countries, the UK is now the developed world’s bargain basement after sterling’s slide. International investors will see value in UK equities. Also in property (where, as the chairman of a property company, I have to declare an interest).( GOOD LUCK BRITS )

The first half of 2009 will be bad in commercial property with forced sales pushing up yields against a background of weakening rents. But the market should then stabilise because it offers real value( I AGREE ).

Yields in the UK came down proportionately much less than in the US in the boom, and the level of speculative development has been much less than in previous cycles. With well-let properties available on yields as high as 8 or 9 per cent against 10-year gilts at a little more than 3 per cent, this will be a very tempting prospect for international investors.

The tank traps next year could be in the government bond markets. With no borrowing taking place in the private sector, governments are being crowded in. Hence low yields on fixed interest debt. When credit markets return to health, this will be very dangerous territory( POSSIBLY A BUBBLE ).

If you still feel gloomy, remember that it could be worse. In December 1974 the dividend yield on the FT All-Share index reached 12.7 per cent. Things may be bad, but I don’t think we are going back there."

Just think if it were really like the 1930s.

Wednesday, December 24, 2008

"As was the case in the 1930s, we also have a choice"

Martin Wolf on Keynes on the FT:

"We are all Keynesians now. When Barack Obama takes office he will propose a gigantic fiscal stimulus package. Such packages are being offered by many other governments. Even Germany is being dragged, kicking and screaming, into this race.

The ghost of John Maynard Keynes, the father of macroeconomics, has returned to haunt us. With it has come that of his most interesting disciple, Hyman Minsky. We all now know of the “Minsky moment” – the point at which a financial mania turns into panic.

Like all prophets, Keynes offered ambiguous lessons to his followers. Few still believe in the fiscal fine-tuning that his disciples propounded in the decades after the second world war ( TRUE ). But nobody believes in the monetary targeting proposed by his celebrated intellectual adversary, Milton Friedman, either( TRUE ). Now, 62 years after Keynes’ death, in another era of financial crisis and threatened economic slump, it is easier for us to understand what remains relevant( I SAY USEFUL ) in his teaching.

I see three broad lessons.

The first, which was taken forward by Minsky, is that we should not take the pretensions of financiers seriously. “A sound banker, alas, is not one who foresees danger and avoids it, but one who, when he is ruined, is ruined in a conventional way along with his fellows, so that no one can really blame him.” Not for him, then, was the notion of “efficient markets”( I AGREE ).

The second lesson is that the economy cannot be analysed in the same way as an individual business. For an individual company, it makes sense to cut costs. If the world tries to do so, it will merely shrink demand( AS A WHOLE, I CAN UNDERSTAND THIS ). An individual may not spend all his income. But the world must do so( TRY TO ).

The third and most important lesson is that one should not treat the economy( ECONOMICS IS FINE HERE ) as a morality tale( HERE I DISAGREE COMPLETELY. MORALITY IS PART OF POLITICAL ECONOMY ). In the 1930s, two opposing ideological visions( THERE WERE OTHERS, THANKFULLY DEFEATED ) were on offer: the Austrian; and the socialist. The Austrians – Ludwig von Mises and Friedrich von Hayek – argued that a purging of the excesses of the 1920s was required. Socialists argued that socialism needed to replace failed capitalism, outright. These views were grounded in alternative secular religions: the former in the view that individual self-seeking behaviour guaranteed a stable economic order(I DON'T AGREE WITH HIM HERE. VON MISES CRITIQUE OF SOCIALISM WAS MORE THAN A MORALITY TALE, AND SO WERE HAYEK'S VIEWS ABOUT THE MARKET AND THE DANGERS OF TOO MUCH STATE CONTROL); the latter in the idea that the identical motivation could lead only( IT WAS THIS MECHANISTIC APPROACH TO POLITICS AND POLITICAL ECONOMY THAT MADE MARXISM, FOR EXAMPLE, NOT SUITABLE FOR HUMAN CONSUMPTION ) to exploitation, instability and crisis.

Keynes’s genius – a very English one – was to insist we should approach an economic system not as a morality play but as a technical challenge( WRONG ). He wished to preserve as much liberty as possible( I AGREE. AS DO I. ), while recognising that the minimum state( HERE I DISAGREE ) was unacceptable to a democratic society with an urbanised economy( I CAN FORESEE A TIME OF LESS GOVERNMENT INVOLVEMENT, BUT THIS IS CURRENTLY TRUE ). He wished to preserve a market economy, without believing that laisser faire makes everything for the best in the best of all possible worlds( I WOULD SEEM TO AGREE WITH HIM ).

This same moralistic debate is with us, once again. Contemporary “liquidationists” insist that a collapse would lead to rebirth of a purified economy( COMPLETELY UNBURKEAN ). Their leftwing opponents argue that the era of markets is over. And even I wish to see the punishment of financial alchemists who claimed that ever more debt turns economic lead into gold( I WOULD LIKE TO SEE THE PUNISHMENT OF CRIMINALS ).

Yet Keynes would have insisted that such approaches are foolish. Markets are neither infallible nor dispensable( TRUE. THEY ARE USEFUL. ). They are indeed the underpinnings of a productive economy and individual freedom( TRUE ). But they can also go seriously awry and so must be managed with care( TRUE ). The election of Mr Obama surely reflects a desire for just such pragmatism( TRUE ). Neither Ron Paul, the libertarian, nor Ralph Nader, on the left, got anywhere( TRUE ). So the task for this new administration is to lead the US and the world towards a pragmatic resolution of the global economic crisis we all now confront.( I AGREE )

The urgent task is to return the world economy to health.

The shorter-term challenge is to sustain aggregate demand( YES ), as Keynes would have recommended. Also important will be direct central-bank finance of borrowers( YES ). It is evident that much of the load will fall on the US, largely because the Europeans, Japanese and even the Chinese are too inert, too complacent, or too weak( TOO MUCH BEGGARING ON THEIR PART ALREADY ). Given the correction of household spending under way in the deficit countries( SPENDER COUNTRIES ), this period of high government spending is, alas, likely to last for years( BTREATHE DEEPLY MATE ). At the same time, a big effort must be made to purge the balance sheets of households and the financial system. A debt-for-equity swap is surely going to be necessary( IT WON'T NEARLY BE AS LARGE AS HE THINKS. TOO MANY PEOPLE WANT THE OLD SYSYEM BACK. IT SUITS US. ).

The longer-term challenge is to force a rebalancing of global demand. Deficit( SPENDER ) countries cannot be expected to spend their way into bankruptcy( TRUE ), while surplus ( SAVER )countries condemn as profligacy the spending from which their exporters benefit so much( THAT'S WHY THEY'RE STRUGGLING TO KEEP THIS SYSTEM ). In the necessary attempt to reconstruct the global economic order, on which the new administration must focus, this will be a central issue. It is one Keynes himself had in mind when he put forward his ideas for the postwar monetary system at the Bretton Woods conference in 1944.

No less pragmatic must be the attempt to construct a new system of global financial regulation and an approach to monetary policy that curbs credit booms and asset bubbles( WE'LL TRY ). As Minsky made clear, no permanent answer exists( TRUE ). But recognition of the systemic frailty of a complex financial system would be a good start( OK ).

As was the case in the 1930s, we also have a choice: it is to deal with these challenges co-operatively and pragmatically or let ideological blinkers and selfishness obstruct us ( I AGREE ). The objective is also clear: to preserve an open and at least reasonably stable world economy that offers opportunity to as much of humanity as possible( I AGREE ). We have done a disturbingly poor job of this in recent years. We must do better. We can do so, provided we approach the task in a spirit of humility and pragmatism, shorn of ideological blinker. ( WE GET THE POINT )

As Oscar Wilde might have said, in economics, the truth is rarely pure and never simple. That is, for me, the biggest lesson of this crisis. It is also the one Keynes himself still teaches( I AGREE )."

He gets a bit simplistic, but I generally agree with what he's saying, except for the fact that, long term, I believe that less government with a growing and balanced economy is possible. Keynes view is still too rooted in the 30s to be of major use to us undigested, and is much too pessimistic and mechanistic, as that era tended to be. Again, Political Economy and Politics are underpinned by the context and presuppositions of the time.

What Keynes offers us is a little useful wisdom and a narrative of perceived success at helping the world out of a crisis, which goes a long in times like these.


Saturday, December 20, 2008

"inherently requires trying to develop greater mastery of vital questions such as morals and fraud"

Here's a post on Cato Unbound which I basically agree with as well:

"I’m back from Utrecht( TOUGH LIFE ) and eager to rejoin the discussion, which has been aided greatly by the contributions of an anonymous reader who has obviously been in the tranches. Let me first respond to the specific questions my colleagues have posed to me.

Do I argue that agency problems in the private sector are both an important cause of the crises and exacerbated those crises? Yes ( I AGREE. I CALL THIS A HUMAN AGENCY EXPLANATION ). My prior essays and long reply explain why, though I will amplify the answer in my next post.

Do I, Larry White asks, agree with Gerard Caprio, Jr., Aslı Demirgüç-Kunt, and Edward J. Kane (CDK)? “[W]hat prompted the overleveraging and excess risk-taking in the first place? CDK argue that an important contributor was ‘safety-net subsidies,’ i.e., moral hazard from implicit or explicit financial guarantees.” ( I BELIEVE THAT THEY ARE )

No. First, CDK do not provide an explanation of why regulators permitted these activities. One needs to explain why economists’ endorsement of non-regulation and deregulation led to non-regulation and deregulation( IN THIS ONE AREA ). One also needs to examine the ideology of those who appoint the regulators and those appointed as the top regulators( CRONYISM ). As I discussed, when you appoint individuals who believe that regulation cannot succeed, they will prove themselves correct( THEY DID THIS TIME ). You get exactly what we have experienced — desupervision. ( I AGREE )

Second, the great bulk of the crisis was not “excess risk-taking.”( I DISAGREE ) Again, my prior pieces provide substantial analysis and data explaining these points. Mortgage fraud (by lenders) is a “sure thing”( I AGREE ) (Akerlof & Romer 1993; Black 2005) — it is (in combination with rapid growth, high leverage, and minimal loss reserves) mathematically certain to produce extremely high short-term “profits.”( I AGREE ) It is also certain to produce failure — the only question is how soon( I AGREE ). Note that control fraud (rather than “excess risk-taking”) also played the dominant role in prior crises such as the S&L debacle ( TRUE ), Enron/WorldCom and their ilk, Russian privatization, and the travails of the “the Washington Consensus” in Latin America. ( TRUE )

Third, unregulated (or almost entirely unregulated) lenders committed the great bulk of the mortgage. These lenders were not covered by deposit insurance( NOW HERE YOU'RE WRONG. THEY WERE COUNTING ON ANOTHER KIND OF INSURANCE ). If CDK were correct then they should have been subject to far more stringent “private market discipline.” Private market discipline (under their theories) is supposed to ensure adequate capitalization — which is (under their theories) supposed to minimize “moral hazard.”( THAT'S A THEORY. A KANTIAN EXPLANATION. NOTHING MORE. ) Thus, the predictive strength of their model has been tested by the subprime crisis — and falsified by it for mortgage fraud( I AGREE ) (or, if the reader is still in denial about fraud despite the data I provided, which my colleagues don’t even attempt to refute, the “excess risk taking”) was significantly more common in the sector that under their theories had the least moral hazard.

The Enron/WorldCom, et al., scandals had already shown that accounting control fraud did not require explicit or implicit governmental guarantees( WRONG. THEY BELIEVED THAT THEY HAD AN IMPLICIT GUARANTEE ). Fourth, moral hazard theory (as interpreted by CDK) did not explain the S&L debacle even though it took place in an industry with explicit governmental guarantees. They (implicitly) interpret the theory as excluding control fraud. This is an incorrect interpretation of moral hazard theory, which arose in the insurance context and has long recognized that moral hazard can lead to either excessive risk-taking or fraud by the insured ( I AGREE ). For the sake of testing their argument, however, I assume their definition that argues that S&L owners, made insolvent by the interest rate shock of 1979-82, responded by “gambling for resurrection.” These were honest gambles that would only pay off for the CEO or shareholders if the investments succeeded. The troubles with this theory include (1) the purported “rational” strategy (as interpreted by economists) was virtually certain to fail( TRUE ), (2) all of the purported “gamblers” economists asserted followed this strategy (the “high fliers”) first reported exceptional profits and then failed ( TRUE ), (3) as the national commission (NCFIRRE) found, “fraud was invariably present” at the “typical large failure,”( ABSOLUTELY ) (4) the business practices that the purported gamblers followed were profoundly irrational if they were honest, but were optimal as accounting control frauds( YOU ARE CORRECT ), and (5) in fact, there were honest gamblers but they (A) did not act in a manner that economists predicted and (B) they won their bets and substantially reduced the cost of the debacle.( I TEND TO AGREE )

Point 1: economists assert that the optimal “excess risk-taking” strategy for insured banks that are inadequately capitalized or insolvent is to maximize the value of the put option. [1] The means by which one maximizes the put is to take ultra high risk. The optimization is straightforward — the greater the risk, the greater the expected value of the put. The obvious (except to most economists) problem with this concept is that the way to optimize is to take a bet that is so risky that it is virtually certain to fail. Even economists should be able to understand that financial suicide is an unattractive and oxymoronic form of “optimization.” ( NOT IF YOU'VE BEEN HANDSOMELY REWARDED BEFORE THE FALL )

Point 2: The concept of “optimization” I have just explained could explain part of the pattern of outcomes of the “high fliers” and lenders that specialized in nonprime mortgage loans, i.e., universal failure ( I AGREE ). Why S&L subordinated debt holders and other creditors that are not protected from loss by deposit insurance never blocked these suicidal strategies by the “high fliers” is, however, inexplicable under neoclassical economic theory. (Subordinated debt holders, who economists predicted would be the optimal agents of private market discipline because they had large amounts of at-risk funds and were financially sophisticated, also failed to block control fraud — or “excess risk-taking” — at banks, investment banks, and insurance companies.) ( YOU ARE WRONG. THEY BELIEVED THEY HAD IMPLICIT GUARANTEES )

The concept of optimization, however, cannot explain the first aspect of the pattern of outcomes – uniform high, initial profitability. There is no reason why hundreds of S&Ls and scores of nonprime lending specialists (A) should have all specialized in the same small number of activities, and (B) should all have been highly profitable while purportedly engaging in ultra high-risk investments. [2]

What does fit the pattern of outcomes is accounting control fraud( I TEND TO AGREE ). It is a “sure thing.” It produces certain profits in initial years. Unless the fraudulent CEO exercises restraint presumably because the company is well-capitalized and likely to generate long-term profits — which was not the case for any S&L in this era — the optimal strategy was “looting” ( I AGREE )(Akerlof & Romer 1993). Looting is fatal and typically causes catastrophic losses. I term the exercise of restraint in converting firm funds to the CEO’s personal use through accounting fraud “grazing.”( DO YOU NOW? I WONDER WHY, BUT THAT'S ANOTHER QUESTION. I HOPE )

Points 3 and 4: NCFIRRE (1993) found that (A) there was a distinctive pattern to the high fliers’ business practices, (B) the pattern was irrational if they were engaged in honest gambles, (3) the pattern optimized accounting fraud, and, (4) that fraud was “invariably” present at the “typical large failure.” The nonprime lenders meet those four characteristics, as do Enron and its ilk. ( I AGREE )

Point 5: “Traditional” S&Ls did “gamble for resurrection” in 1981-83 by maintaining much of their interest rate risk exposure. This was not consistent with economists’ beliefs about moral hazard theory. Every traditional S&L was insolvent on a market value basis in 1982. Very few of their CEOs (roughly 100 of around 3000) engaged in reactive control fraud due to moral hazard. This restraint is the most significant reason why the debacle did not grow to catastrophic proportions. (Roughly 200 “opportunistic” control frauds entered the S&L industry in 1982-84 through changes of control or opening de novo institutions. The typical opportunist was a real estate developer. He had large conflicts of interest and no ties of loyalty to the S&L or its shareholders, customers, or employees. He was more willing to loot than was the typical traditional CEO that had come up through the ranks over the course of two decades. ( OK )

Moral hazard theory (as taught by neoclassical economists) predicts that traditional S&Ls would dramatically increase their risk exposure through honest gambling in 1982-84. Instead, traditional S&Ls made modest increases in credit risk and modest-to-moderate reductions in their interest rate risk exposure. This behavior was inconsistent with the predictions of moral hazard theory. It was risky. If interest rates had continued to increase throughout 1982 and beyond the overall industry insolvency (on a market value basis) of $150 billion would have increased. Instead, the traditional S&Ls were lucky on interest rates after mid-1982, as rates fell significantly and fairly steadily. Because traditional S&Ls only partially reduced their exposure to interest rate risk, their “underwater” mortgages regained most of their (unrealized) market-value losses. As a result, “only” about $25 billion of that $150 billion was ultimately “realized.” (NCFIRRE 1993). If economists wish to define insolvent S&Ls continuing to take serious, but modestly less, risk as “moral hazard,” then they can conclude that moral hazard significantly reduced the cost of resolving the S&L debacle. ( OK )

Ultimately, CDK’s logic (if not their conclusions) strongly supports the themes I have developed during this discussion. Deregulation and desupervision in the financial sphere can have the unintended consequence of optimizing a “criminogenic environment.” The extension of implicit federal guarantees to every large corporation operating in the United States can exacerbate the problem of control fraud. ( THAT'S IT )

Casey reminds me that he has GDP data (emphasis in the original) that, he argues, demonstrate that there is no “crisis” for the “average” American. Casey is aware that I (and our readers) have data too, and that (unlike lagging GDP numbers) they demonstrate a crisis greater than any of us have experienced in our lifetimes (except for readers who are very long-lived and knew the Great Depression). We know that there have been unprecedented failures of hundreds of markets — globally. We know that but for unprecedented intervention by the Fed, Treasury and other central banks it is the considered judgment of the economic powers that be (here and abroad) there situation would have become catastrophic. We see unprecedented socialism in the United States for our more elite institutions( NOT REALLY ). We see the failure (or “but for” intervention failures) of many of our most elite financial institutions. Now, granted, I was born in Detroit and grew up in Dearborn, so the auto industry probably has lubricants running in my veins, but the “but for” collapse of the entire domestic auto industry is a kind of a big deal. All of this happened not in some “perfect storm” but during the “great moderation.” It is also getting worse, commercial real estate, the PBGC, SIPC and other shoes are waiting to drop. All of these facts are data. They are simply vastly more important data. ( I AGREE WITH HIM AND CASEY, BECAUSE I DAMN WELL CAN )

Brad argues that:

Thus practically every risky asset, all the time, sells for much less than its fundamental value — and does so because financial markets do not do a good job of mobilizing the risk-bearing capacity of society. I don’t think we have any prospect of living in a world in which financial markets do their job of risk-tolerance-mobilization well — nobody should trade or invest in anticipation of such a world. But I don’t think that the idea of “overinvestment” makes a lot of sense: the proper public policy response to every situation that White would characterize as one of “overinvestment” is, I think, one in which the government takes steps to mobilize more of society’s risk-bearing capacity rather than letting asset prices collapse and create massive unemployment.

I have a very different view. Brad believes that financial markets are commonly made deeply inefficient by “lemons markets” problems in a manner that leads to a systematic undervaluing of asset values. Many “risky assets” trade for much more than their “fundamental value” (assuming that this concept can be made meaningful.( ACTUALLY, I DON'T BELIEVE THAT IT CAN ) ) That is precisely why we have epidemics of control fraud. Spreads on nonprime mortgage loans during the last decade have always been grossly inadequate and spreads narrowed when they should have grown over the course of the decade. Moreover, the entire concept of an “adequate spread” for this kind of lending was a misnomer because had the loans been properly priced the spread would have been so large that it would have sent the “adverse selection” problem through the roof (pun intended). ( I TEND TO AGREE )

It follows that we should not seek to initiate government action to inflate housing prices to the point that there were minimal credit losses on existing mortgages. Doing so would misallocate resources further, reward fraud, and make the markets even more inefficient. ( TRUE, BUT...)

Larry, responding to Brad, urges:

In fact, I think economic reasoning about cause and effect (not monkey psychology) helps us to understand what is going on. Economic reasoning does not require the use of, nor have I used, normatively loaded terms like “deserved” or “retribution” or “fecklessness.” To repeat what I wrote on my blog in September:

“This isn’t a morality play. What we’re seeing are the consequences of monetary-policy distortions of interest rates and regulatory distortions of incentives, amplified in some degree by private imprudence, not the consequences of blackheartedness.”

I will offer a different view. There is nothing superior or scientific in avoiding the use of “normatively loaded terms” when such terms are accurate and important. Readers will have discovered that economists have a profound unwillingness to use the “f” word — fraud — to discuss fraud( NOW HERE I AGREE COMPLETELY AND AM GLAD TO READ THIS ). You now see an effort to assert that this weakness is a virtue. Even Brad’s euphemisms are too strong for Larry.

The crisis we are discussing has its roots in a massive fraud, primarily by lenders( BINGO! ). Frauds this severe greatly extend and inflate financial bubbles. This directly causes losses that measure in the trillions of dollars. It indirectly causes systemic risk because (as the anonymous reader agreed) financial systems run on trust( LIKE CREDIT RATINGS AGENCIES. THINK OF ROBERT WALDMANN'S POST ) and there’s nothing like creating and then betraying trust (which is what fraud is) and causing enormous losses through that betrayal, to destroy trust. This is the “transmission mechanism” Brad is searching for that produced the broader crisis. ( TRUE )

Fraud has moral consequences, and morality is central, not peripheral to market efficiency( THIS IS A HUMAN AGENCY EXPLANATION ). Larry’s unwillingness to take fraud seriously, even after my data and analysis dump, is characteristic of what has gone wrong in economics.

For the reasons shown in the earlier discussions, Larry’s claim that monetary policy caused or even contributed greatly to the housing bubble fails( IT'S A SLIGHT CAUSE ). More to the point, if the “solution” were significantly higher short term interest rates the cure would have been far more expensive and harmful than appropriate micro/macro policies (i.e., regulatory restrictions on nonprime lending) that would have killed the bubble at much earlier time with far less collateral damage.

There was no “regulatory” distortion of incentives that caused or even contributed substantially to the bubble( I AGREE, THEY DID HELP IT, BUT NOT CAUSE ). The CEOs that funded these loans did it to create accounting profits. It is naïve (and unsustainable) to claim they made the loans to comply with rules (that in fact did not require making or purchasing nonprime loans).

There was, however, plenty of distortion of incentives by private parties. They distorted those incentives to optimize accounting fraud. They acted in a manner consistent with past control frauds. ( I AGREE )

Economists love to talk about “unintended consequences” and they’re always in the context of social do-gooding gone wrong. Here are two unintended consequences of non-regulation and/or desupervision. (The consequences, of course, are intended by the private parties, but absent corruption, not by the legislators.) First, when you don’t regulate financial activities you de facto decriminalize control fraud because the regulators are the “cops on the beat.”( TRUE ) Second, when you don’t regulate financial activities you make them opaque and you create a situation in which voluntary industry disclosures aren’t verified by a truly independent entity. ( TRUE )

So, no it’s not a fictional medieval “morality play.” It is the real-world economy, the study of which inherently requires trying to develop greater mastery of vital questions such as morals and fraud( I AGREE ). If you are saying that economics and economists are going to continue (1) not to develop a theory of fraud or become cognizant of the findings of other disciplines that specialize in the study of what causes markets to fail profoundly, (2) not to develop a methodology that does not praise accounting control frauds, (3) to recommend praxis that optimizes environments for epidemics of control fraud, (4) to refuse to analyze whether fraud is present, (5) to refuse to call a fraud “a fraud,” and (6) to think that this ignorance and addiction to euphemism is a virtue, then economists need to engage in a fundamental reconsideration of their profession, theories, methodologies, and policy recommendations. ( I AGREE )

As constituted, the economics profession endangers the world economy. As even the triumphalist authors of Moral Markets concede (a book announcing the triumph and moral superiority of “free markets” that had the misfortune of being published this year), our business schools and economics programs too often continue to hold up homo economicus as the ideal — but homo economicus is, to quote that volume: “a sociopath.”( MORE LIKE A FICTION ) The authors, in essence, charge that our business school and economics programs have become fraud academies. Many students will have the moral strength to resist that training, but as economists emphasize, the concern is on the margins. ( I AGREE )

Notes

[1] Note that this subtly removes the “moral” from “moral hazard” and turns an abusive behavior not simply into a neutral activity, but into a desirable activity. This is dangerous because it helps “neutralize” abusive behavior, which increases abusive behavior( I TEND TO AGREE ). As I am about to explain in my discussion of Point 5, “moral” constraints — a broad concept under “moral hazard” theory — can provide some of the most effective constraints against control fraud.

[2] The markets offer far greater yields for honest risk-taking than honestly underwritten subprime loans or direct investments. The reason that mortgage lenders specialized in subprime lending or that S&L specialized in “direct investments” or “ADC” loans has is that these types of investments are superb vehicles for accounting fraud, particularly during a “bubble,” not because the yield is spectacular. ( TRUE )

Now, I disagree about one point, but it's an important point. Many of the actors did not committ fraud, but did engage in other unethical or criminal behavior, which I have listed as fiduciary mismanagement, negligence, and collusion. The implicit and explicit government guarantees to intervene in a financial crisis were necessary for these individuals to take the risks that they did, because these people wanted to remain where they were if everything went sideways. They thought of these guarantees as an insurance policy, which lobbying and networking paid for, and, indeed, these people believe that this is the essence of our system. They do not believe in free markets, but rather favor a version of the welfare state heavily weighted towards their interests. People have an absurd idea of our system when they use words like "socialism" or "free market" to describe what we have. It's a Welfare State. A Government/Private Sector Hybrid. Most people support it, but try and nudge or bribe or convince the government to favor their interests. That's why Interest Groups are so important in our politics.

One final point. Even when people claim that they're Anarchists or Libertarians or Socialists, I tend to doubt that they are. The reason is that until they find out how they would actually do economically, etc., under such a system, I don't believe that they know if they'd support such a system or not. It's a bit like how I feel when people say that they'd like to live in the past. They're always assuming that they'll do all right, while I have my doubts.

Friday, November 28, 2008

"a clear policy implication — namely, that financial market reform should be pressed quickly, that it shouldn’t wait until the crisis is resolved."

Paul Krugman has a post today in the NY Times:

"One answer to these questions is that nobody likes a party pooper. While the housing bubble was still inflating, lenders were making lots of money issuing mortgages to anyone who walked in the door; investment banks were making even more money repackaging those mortgages into shiny new securities; and money managers who booked big paper profits by buying those securities with borrowed funds looked like geniuses, and were paid accordingly. Who wanted to hear from dismal economists warning that the whole thing was, in effect, a giant Ponzi scheme?"

I don't see it as a Ponzi Scheme. One could read my thought experiment about looking into some of the more risky and complex inverstments as early as 2005, and being able to conclude that they were simply too risky. A number of things could have been done to keep this crisis from occurring or being this bad, whereas a Ponzi Scheme has Fraud built right into it. But I agree with the basic point, that it's hard to intentionally slow the economy down when so many people are still making money in it. It's one reason that I think it unlikely that the Fed, on its own, using a blunt instrument like raising interest rates across the board, will find it easy to raise rates to slow the economy down. Nevertheless, I believe that middle of the party is the part of the party where real diligence needs to be taken. In other words, focus on emerging problems in the economy when things start really going well, especially for a long period of time. Although it's hard to do, it's necessary.

"There’s also another reason the economic policy establishment failed to see the current crisis coming. The crises of the 1990s and the early years of this decade should have been seen as dire omens, as intimations of still worse troubles to come. But everyone was too busy celebrating our success in getting through those crises to notice.

Consider, in particular, what happened after the crisis of 1997-98. This crisis showed that the modern financial system, with its deregulated markets, highly leveraged players and global capital flows, was becoming dangerously fragile. But when the crisis abated, the order of the day was triumphalism, not soul-searching.

Time magazine famously named Mr. Greenspan, Robert Rubin and Lawrence Summers “The Committee to Save the World” — the “Three Marketeers” who “prevented a global meltdown.” In effect, everyone declared a victory party over our pullback from the brink, while forgetting to ask how we got so close to the brink in the first place.

In fact, both the crisis of 1997-98 and the bursting of the dot-com bubble probably had the perverse effect of making both investors and public officials more, not less, complacent. Because neither crisis quite lived up to our worst fears, because neither brought about another Great Depression, investors came to believe that Mr. Greenspan had the magical power to solve all problems — and so, one suspects, did Mr. Greenspan himself, who opposed all proposals for prudential regulation of the financial system."

There is some truth in this, but it misunderstands the nature of the triumphalism. The system worked because of government and Fed actions that were taken during these years. This led to a complacency in the nature and strength of the implicit and explicit government guarantess of intervention in a financial crisis. It was less relief at our wisdom, than a realization of the nature and depth of government backing of our financial system. The downside of excessive risk was thereby consigned to government accounts and salvation, a view that has proven remarkably prescient.

"And because we’re all so worried about the current crisis, it’s hard to focus on the longer-term issues — on reining in our out-of-control financial system, so as to prevent or at least limit the next crisis. Yet the experience of the last decade suggests that we should be worrying about financial reform, above all regulating the “shadow banking system” at the heart of the current mess, sooner rather than later.

For once the economy is on the road to recovery, the wheeler-dealers will be making easy money again — and will lobby hard against anyone who tries to limit their bottom lines. Moreover, the success of recovery efforts will come to seem preordained, even though it wasn’t, and the urgency of action will be lost.

So here’s my plea: even though the incoming administration’s agenda is already very full, it should not put off financial reform. The time to start preventing the next crisis is now. "

I disagree here as well. The real fear is that we will regulate excessively in the midst of this crisis, focusing in on the problems of this last crisis, and not putting into place a system that focuses less on actual regulation than recognition of the problems in our finacial system, some of which won't need more than supervision, while some might need regulatory oversight.

And to reiterate, just like value investing, we should be especially vigilent and fearful when things are going well, not after they've turned bad. I know it's going to be hard, but it's simply the patience, vision, and wisdom, of the value investor, a strategy that human beings have been able to execute.

Tuesday, November 18, 2008

"There's a strong case to be made that banks, like law firms, should be boring and conservative and reasonably small and mutually-owned. "

Felix Salmon with a good post about banks:

"There's a strong case to be made that banks, like law firms, should be boring and conservative and reasonably small and mutually-owned. That's one of the thing which worries me most about TARP and the $140 billion tax break being used to encourage huge banks to get even bigger still. The fact that all those huge banks are publicly-listed and therefore prone to taking excessive risks only makes matters worse.

The single biggest reason why we need extra banking regulation is that the big public banks can't be trusted to regulate themselves. The smaller, mutual banks, by contrast (in the US, they're mainly credit unions) have shown themselves to be much more trustworthy. It's a good model to bear in mind."

Here's my comment:

I liked this post:
http://www.ft.com/cms/s/0/e21b81ac-9bae-11dd-ae76-000077b07658.html

Friday, October 17, 2008
"financial innovation involves risk that cannot be ignored"
Emilio Botin in the FT with some sage advice. On banking:

"The causes are the same as in any previous financial crisis: excesses and losing the plot in an extraordinarily favourable environment. Indeed, some fundamental realities of banking were forgotten: cycles exist; lending cannot grow indefinitely; liquidity is not always abundant and cheap; financial innovation involves risk that cannot be ignored.

I believe banks can contribute to a stronger system by returning to fundamentals. They must focus on customers, focus on recurrent business based on long-term customer relationships and be cautious in managing risk. This last point is especially important. You do not need to innovate to do this well. You do not need to invent anything. You need to dedicate time and attention at the highest level."

See, the back to fundamentals appeals to me.

And:
"We must avoid generating moral hazard: we cannot transmit the message that it is possible to act without assuming responsibility for your errors.

We must also encourage transparency. The magnitude of this crisis is directly linked to the uncertainty about who was affected and to what degree. To restore confidence, the market must provide maximum transparency about the risk profile of all the actors in the financial system.
In general, we have to reinforce supervision."

So, in summary:
1) Back to fundamentals.
2) No outside guarantees.
3) Transparency.
4) Supervision.

It seems so simple and obvious when written out.

And this post:

"Sunday, October 26, 2008

"A mutual trust between client and bank was once the foundation of our financial system - we need to get it back"

I never know what to think of posts like this, but it did make me think of Rod Dreher. William Rees-Mogg in The Times:

"The bank manager then occupied a similar position to the family solicitor or the family doctor. He hoped to maintain a long-term relationship with each client and he hoped that this relationship would survive for generations. He would offer general financial advice, and was concerned to keep the interest of the client and the bank in alignment.

He did not lend the bank's money to people he thought might be unable to repay it. That would plainly be against the interests of the client as well as of the bank. He would, however, try to find a way of meeting the needs of vulnerable groups, including students - which I then was - widows and businesses under trading pressures. The customer who failed was seen as a failure for the bank, because it would be regarded as a lack of banking competence. The customer who built up a successful business would also be a good advertisement for the bank.

Banks were there to help their clients and to keep them out of trouble. "

I have to admit that I like this banker:

"Where relationship banking still survives, there have been relatively few problems of bad debts. The problems have arisen in transactional and unsecured credit card banking with one-off or completely unknown customers. Of course the customers have often behaved badly; if a bank does not know its customers, who are only blips on a computer screen, some of them will behave badly. The bank only has itself to blame...

The decline of moral responsibility has damaged British banks; it is the real flaw behind the credit crisis. There will be new regulation of the world's banking system after the crisis. Governments cannot risk another catastrophe on this scale. The banks need to change their behaviour. They need to re-establish relations with their clients and value experience in their staff. They need to beware of American-style, high-risk, high-return, policies. British banking was based on protecting the client's interest as well as the bank's. Bankers should not be ashamed of their Victorian heritage."

I don't quite see things this way, as I wonder if this bank would have lent money to my family. Nevertheless, there's something to be said for the sentiment, even if it is an idealization.


Sunday, November 16, 2008

Continuation Of Previous Post

  1. Regulate safe levels of leverage and duration-mismatch. If mortgages had been restricted to 75% of the house price, a 25% fall in house prices would not cause mortgage defaults. But a 26% fall would. The only truly safe level of leverage is zero. But people want leverage, and an efficient financial system ought to let them have it. Without leverage, we would have to pay cash for our homes, or else use equity-finance, and with equity-finance the bank, as part-landlord, would want to stop us painting the walls orange. Similarly, a restriction on duration-mismatch would prevent runs, yet the only truly safe level is zero. But people want duration-mismatch, and an efficient financial system ought to let them have it. We might suddenly find ourselves with an emergency need for immediate cash. In any case, regulations limiting leverage and mismatch have been tried in the past and have failed. People want leverage and mismatch, and will always figure out new ways to get around those regulations.
I'm not sure why this has to be the case, but extra capital does make sense.

  1. Government guarantees of solvency and liquidity. These can be explicit or implicit (ad hoc bailouts). Government guarantees imply regulation to try to reduce moral hazard. With the government effectively a part-owner of financial institutions, it needs to exercise surveillance, which is complex and costly. If the government were good at distinguishing good loans from bad, why would we need a capitalist financial system in the first place? Let’s have one big government bank for all savings and loans. But history tells us this won’t work any better. And governments too can become insolvent and illiquid (they can’t print foreign currency), so the guarantee becomes worthless.
The system needs to be onerous and explicit. Forget implicit.

And now for something completely different: let’s change how contract law handles default. A default has real costs. Lawyers and accountants get involved (which is costly in itself), and real economic activity stops while the lawyers and accountants sort out who owes whom what (which is even costlier). Networks of people (workers, managers, customers) and capital (real and financial) get broken apart, because people can’t wait. Those networks are the capital which gets destroyed when a borrower defaults. The assets become illiquid and therefore less valuable. Fire-sales reduce asset prices. This causes the crisis to spread. None of these real costs are inevitable. They could be reduced with better contract law.

I agree with this and have proposed a system of pre-arranged terms to try and avoid default.

Here it is:

"
Saturday, November 8, 2008

We Should Move Away From Foreclosure System

I want to propose a thesis. The cause of this crisis was the foreclosure system itself. The crisis could have been avoided had a system been set in place that renegotiated mortgages immediately upon delinquent payments.

The cause of the crisis in the housing sector was a misallocation of resources by individual homeowners. The borrowers took mortgages that were eventually too high for them to afford. The loans/mortgages were based upon terms that were much more likely to lead to default/foreclosure.

But what if foreclosure had not been the option? What if the first option had been to renegotiate the mortgage/loan to a payment affordable to the borrower? The level of payment that the borrower could afford would then trigger a set of possible options:

1) Increase the price of the house
2) Increase the length of the mortgage
3) Base payments on percentage of income, so that they will rise as borrower's income rises.

Now, however it would be done, wouldn't this have been a better situation than the one we currently face? The reason to try a mortgage renegotiation plan now is to try and see if we can move away from the foreclosure system and devise one that keeps borrowers in their houses. Isn't that a sensible proposal?

I should add, although there's no point in putting this on my posts, that I'm attempting to be provocative and have people consider deleveraging. I'll probably be sorry I did this.

"Trying to prevent crises by trying to prevent default hasn’t worked in the past, and I think it could never work. The overarching reason is this: if the financial system seems safe, people will take bigger risks, which makes the financial system unsafe. If the government is protecting us, we don’t need to look at the risks, and will leverage up to the hilt in illiquid assets at bubble prices. Wearing seat belts makes us drive faster. "

See, this can't be correct, otherwise value investing would be humanly impossible.

"Instead of trying to prevent default, we should focus on trying to prevent default from having real costs. Reducing real costs should also reduce contagion. Enforcing contracts is legitimate government business. Default means that someone has broken a contract, so the government decides what happens next. Chapter 11 in the US was an important legal innovation which reduced the real costs of bankruptcy, but is still too slow for financial institutions. The legal consequences of default should be instant and automatic. Default should mean a change in ownership of the bank, not the breakup of the bank (unless the new owners want to break it up). Default should not mean the managers and workers lose their jobs (unless the new owners want to fire them). The new owners should be the people who suffered the default – their bonds instantly and automatically become new voting shares. The old shares can become call options, granting the right to buy a new share by paying off the old debt. Any promise will always be broken under some circumstances, and so debt becomes equity. Contract law needs to recognize the inevitability of debt-to-equity conversions, and make it instant and automatic."

I agree with this as well.

Tuesday, November 4, 2008

"He calls for a regulatory system based on “principles” rather than “rules.”

Via Deal Book on the NY Times we get "Stephen Schwarzman’s Seven-Step Program":

"In an opinion piece in The Wall Street Journal’s Nov. 4 issue, Mr. Schwarzman maps out seven principles he believes should guide any regulation of the financial system. In many of them, he uses the opportunity to criticize the current regulatory framework in the United States, describing a “hodgepodge” of fragmented agencies and laws that make a “fetish of compliance with complex regulations.” He expresses concern that the latest debacle on Wall Street will inspire a thicket of new rules that choke off innovation."

Here's my comment:

“He calls for a regulatory system based on “principles” rather than “rules.” He writes:

If we are to sweep a vast array of financial institutions into the net of a single regulator, then that regulator has to be able to regulate not by promulgating a blizzard of ever more complex rules, but by enunciating a set of guiding principles. If these principles are coupled with strong disclosure and oversight, they will give the regulator the flexibility needed to cope with an ever-changing financial landscape, and to provide a clear direction for the regulated institutions.”

I agree with this:

This is the real problem with regulation. These investors can be very clever people, and are adept at shifting the terrain. That’s why regulation always seems to be correcting the last problem.

The solution is either to regulate or supervise risk, especially any investment that shifts risk to a third party or magnifies risk. In other words, broad principles.

However, have you ever noticed that some of these recommendations being bandied about are as simple disclosure and transparency, traits one would think a decent human being would try and exemplify as a matter of course.

— Posted by Don the libertarian Democrat

Tuesday, October 28, 2008

"but it needs to be one that makes the markets function better, not worse"

Edward L. Glaeser with a look at regulation in the NY Times:

"While there is no question that the current regulatory framework produced an enormous mess, the right answer is not “more government.” The current morass was caused overwhelmingly by private actors, but there were also plenty of government interventions — like the home mortgage interest deduction, Freddie Mac and Fannie Mae — that made the situation worse.

We need a new regulatory structure, but it needs to be one that makes the markets function better, not worse. The answer is not more government, but better government. To make new governmental interventions better than the old ones, we need to think about what exactly is it that we want to accomplish."

Regulation should:

1) Help investors get their money back ( OK )

2) Prevent a crisis, especially if taxpayers pay the ultimate bill ( OK for sure )

3) Protect consumers who receive loans ( OK )

There's nothing wrong with some conditions being placed on these 3, although I don't know if regulation is needed.

Here's my comment:

“There are two standard governmental approaches to this type of setting where companies, or people, impose costs on outsiders. These institutions can be regulated and prevented from taking bets that put the rest of us at risk. Alternatively, the government can charge some sort of financial market tax that reflects the expected losses to taxpayers. To get the tax right, it needs to appropriately penalize particularly risky behavior.”

I’m not sure your second proposal would help preclude crises, so much as indemnify them. Regulation is fine, but it should be minimal and effective.

Following Bagehot, I would recommend real moral hazard for banks prior to a crisis. Weed out the problem banks earlier by not artificially propping them up. Also, severe and onerous terms, spelled out beforehand, should intervention occur.

In the current case, we have poor regulation, no moral hazard until a crisis, and less than onerous terms, e.g., TARP.

As to Jon’s point, I sympathize, but I follow Bagehot’s Principle as I call it:

If the B of E exists, it will be the lender of last resort, and that needs and must be taken into account in the real world.

In our case, as someone recently reminded me, the B of E really ends up being the taxpayer.

— Don the libertarian Democrat


Friday, October 10, 2008

Reports Of The Death Of Capitalism Are Greatly Exaggerated

A decent assessment:

"David Ruder, the former chairman of the Securities and Exchange Commission and now a professor emeritus at the Northwestern University School of Law, said he also thought that much stricter financial regulation was necessary, both in the United States and internationally. “The events, even as they’re unfolding today, are revealing the need for much closer cooperation among financial regulators,” he said.

But, in a sign of the opposition that Democrats will face as they try to strengthen regulation, Mr. Ruder said that he did not think regulatory reform would be easy to implement, even in the financial sector. Even after receiving massive government aid this year, banks may fight stronger government oversight next year, he said.

The banking and finance industries are major political donors and powerful lobbying forces in Washington. Lawmakers who voted for the bailout received substantially more in contributions over their careers from the finance, insurance and real estate industries than those who voted against it, according to the Center for Responsive Politics, a nonprofit group that tracks political contributions.

“I’m scared about the next year but I’m very optimistic we’ll come out of this in good shape,” he said. “We very well may come out of this horrible situation with a better version of American capitalism — it’ll be a little tamer; it’ll be a little more regulated.”

“But this country is built on an appetite for risk,” he added. “We don’t want to be France.”

Regulation Going Forward

I've argued for minimal but effective regulation going forward. Justin Fox has a good post on this:

"But here's a nice snippet from Fink:
“Any institution that manages over $5 billion should be regulated, whether it’s public or private, an insurance company, bank or private equity fund.” He wants regulation that is principles-based and consistent so that “capitalism will not arbitrage between regulators, capitalism will not arbitrage between public and private. Capitalism at its finest had the ability to arbitrage between different regulators, capital structures and platforms.”


I agree with the principles put forward by Fink.

Here was my comment on Curious Capitalist:

I agree about the need for minimal but effective regulation. However, even though in this crisis I favored a version of the Swedish Plan, partly because, based on the market's reaction to the Lehman decision, I believed that it is the best real option, I also believe that there was an implicit government guarantee to intervene in a crisis such as this which helped fuel the earlier investments and the actual expectations of what would happen in a crisis. I believe that such a , now explicit guarantee, needs to be examined. I'm wondering if you do as well.

Monday, October 6, 2008

Two, Maybe Even Three, Senses Of Regulation

Sebastian Mallaby says the following:

"The financial turmoil has pushed the Obama campaign into the lead, and this is mostly justified. Barack Obama is more thoughtful on the economy than his opponent, and his bench of advisers is superior. But there's a troubling side to the Democratic advance. The claim that the financial crisis reflects Bush-McCain deregulation is not only nonsense. It is the sort of nonsense that could matter. "

You should read the rest of the column to understand why he says that.

I want to make a point about regulation. On the one hand, regulation can be seen as inhibiting the free market, keeping businesses from doing things that would enhance the economy. On the other, regulation can be seen as forcing more conservative business practices on the free market, in order to enhance the economy.

I see regulation through the eyes of taxpayers who are the ultimate guarantors of our financial system in a crisis. If the taxpayers are going to have to foot the bill in the end when crises like this one occur, then I think that it is entirely appropriate that taxpayers put constraints on businesses and business practices in order to guarantee that business in this country in some areas is conducted in a more conservative manner.

So, if you don't want the government to be the ultimate guarantor, then I can see arguing against regulation, since the losses will be borne by businesses. But if not, then government can put in place constraints on what is really their investment.

I agree with Mallaby that it is a real concern that the reaction to this crisis, as in all crises, will be over-regulation. I do not agree that the reaction should be no regulation, but rather minimal and effective regulation to obviate the occurrence of crises.

There is also a lot of talk about socialism, etc., but that is a lot of nonsense. We will continue to have a free market and pursue free trade, however imperfectly. In the real world that is all that we can expect.

Tuesday, September 23, 2008

How Much And What Kind Of Pain?

Anthony Randazzo gives a free market solution to the current crisis on Reason. It's interesting, but he asks the following:

"Ultimately, the debate over what to do comes down to a threshold of pain and perspective. Capitalist philosophy suggests that short-term financial pain—even a great degree of pain—will prevent long-term financial destruction. The markets, in other words, are going through a cleansing process. But this is not acceptable to many, particularly the politically motivated, who always prefer to solve future problems at a later date.

Here's the issue: Are we willing to consider all treatment options, or will we dive for the quick, easy, and untested procedure and then hope for the best?"

The problem is that some of the pain will fall on parts of the economy not directly involved in this financial crisis.

In order for people to accept such pain, I believe that we would have to put in place a more significant social safety net which would address the issue of people being destitute or wiped out in such a crisis.

So, there are really two options:

1) Put in place regulations to keep such crises from occurring.

2) Have a social safety net to address the problem of the truly needy, in which case such pain might be accepted.

Otherwise, no matter how much we might want to leave government totally out of this equation, it won't be possible.

Saturday, September 13, 2008

Reaching Out To Culturally Conservative Political Libertarians

Here's a quote from a conservative writer named James Poulos in a post he did about Gov. Palin:

"The solution, however, seems clear enough: we need more vocal, convincing, and honest people who are socially culturally conservative political libertarians, and we need them to take on the establishment, and we need them to win. It also seems clear enough that we’re not going to find enough of these in politics — national or state and local — to achieve critical mass, at least not for a while. I don’t know how much more comforting it would be for the revitalization of the GOP to rest on the shoulders of bloggers and writers instead of on Sarah Palin’s, but when you call for a thinning of the herd, you imply by necessity that you’re interested in being among the ones left standing."

Now, the question I pose is the following: Can libertarian Democrats address some of the concerns of these culturally conservative political libertarians?

I think that we can, and I will try and talk about this as I go on. Do I think that there will be a mass exodus from the GOP from this group? No. But I can imagine some coming over to the Democratic party, and I can imagine some others making common cause with us on some very important issues.

For example, localism. The support for local farmers through local farmer's markets. As I talked about in an earlier post based on a comment I received on the Daily Kos, we can require that charter schools be under local control or, at least, have strong local input.

Also, freeing local farms and businesses, especially small ones, from unfair regulation. Anyone who's read Michael Pollan's "The Omnivore's Dilemma" or Barbara Kingsolver's "Animal, Vegetable, Miracle " knows what I'm talking about.

There might well be others, and it is certainly a path worth exploring.