Pathology of Debt
By
Henry C.K. Liu
Part I: Commercial Paper
Market Seizure turns Banks into their own Vulture Investors
This article
appeared in AToL
on November 27, 2007
Vulture
restructuring is a purging cure for a malignant debt
cancer. The reckoning of systemic debt presents regulators with a
choice of
facing the cancer frontally and honestly by excising the invasive
malignancy immediately
or let it metastasize over the entire financial system over the painful
course
of several quarters or even years and decades by feeding it with more
dilapidating
debt.
But the strategy of
being your own vulture started with Goldman
Sachs, the star Wall Street firm known for its prowess in alternative
asset
management, producing spectacular profits by manipulating debt coming
and going
amid unfathomable market anomalies and contradictions during years of
liquidity
boom. The alternative asset management industry deals with active,
dynamic investments
in derivative asset classes other than standard equity or fixed income
products. Alternative investments can include hedge funds, private
equity, special
purpose vehicles, managed futures, currency arbitrage and other
structured
finance products. Counterbalancing opposite risks in mutually canceling
paired speculative
positions to achieve gains from neutralized risk exposure is the basic
logic
for hedged fund investments.
Hedge Funds
The wide spread in return on investment between
hedge funds
and mutual funds is primarily due to differences in trading strategies.
One
fundamental difference is that hedge funds deploy dynamic trading
strategies to
profit from arbitraging price anomalies caused by market inefficiencies
independent
of market movements whereas mutual funds employ a static buy-and-hold
strategy
to profit from economic growth. An
important operational difference is the use of leverage. Hedge funds
typically
leverage their informed stakes by margining their positions and hedging
their
risk exposure through the use of short sales, or counter-positions in
convergence or divergent pairs. In contrast, the use of leverage is
often
limited if not entirely restricted for mutual funds.
The classic model of hedge funds developed by Alfred
Winslow
Jones (1910-1989) takes long and short positions in equities
simultaneously to
limit exposures to volatility in the stock market. Jones,
Australian-born, Harvard
and Columbia educated sociologist turned financial journalist, came
upon a key
insight that one could combine two opposing investment positions:
buying stocks
and selling short paired stocks, each position by itself being risky
and
speculative, but when properly combined would result in a conservative
portfolio that could yield market-neutral outsized gains with leverage.
The
realization that one could couple opposing speculative plays to achieve
conservative ends was the most important step in the development of
hedged funds.
The Credit Guns of
August
Yet the credit guns of August 2007 did not spare
Goldman’s high-flying
hedge funds. Goldman, the biggest US
investment bank by market value, saw its Global Equity Opportunities
Fund
suffer a 28% decline with assets dropping by $1.4 billion to $3.6
billion in
the first week of August as the fund’s computerized quantitative
investment
strategies fumbled over sudden sharp declines in stock prices worldwide.
The Standard & Poor’s 500 Index, a measure of
large-capitalization stocks, fell 44.4 points or 2.96% on August 9. On
August
14, the S&P 500 fell another 26.38 points or 1.83%, followed by
another
fall of 19.84 points to 1,370.50 or 1.39% on August 15, totaling 9.4%
from its
record high reached on July 19, but still substantially higher than its
low of 801
reached on March 11, 2003.
Goldman explained the setback in Global Equity
Opportunities
in a statement: “Across most sectors, there has been an increase in
overlapping
trades, a surge in volatility and an increase in correlations. These
factors
have combined to challenge many of the trading algorithms used in
quantitative
strategies. We believe the current values that the market is assigning
to the
assets underlying various funds represent a discount that is not
supported by
the fundamentals.” The statement is a conceptual stretch of the meaning
of “fundamentals”
which Goldman defines as value marked to model based on a liquidity
boom rather
than marked to market, even as the model has been rendered
dysfunctional by the
reality of a liquidity bust.
The market value in mid August of two other Goldman
funds:
Global Alpha and North American Equity Opportunities also suffered big
losses.
Global Alpha fell 27% in the year-to-date period, with half of the
decline
occurring in the first week of August. North American Equity
Opportunities,
which started the year with about $767 million in assets, was down more
than 15%
through July 27. The losses had been magnified by high leverage
employed by the
funds’ trading strategies. Goldman said both risk-taking and leverage
in these
two funds had since been reduced by 75% to cut future losses.
Similarly, leverage
employed by Global Equity Opportunities had been reduced to 3.5 times
equity
from 6 times. The three funds together normally managed about $10
billion of
assets.
Feeding on One’s
Own
Death Flesh
Facing pending losses, Goldman Chairman Lloyd
Blankfein was
reported to have posed a question to his distraught fund managers: if a
similar
distress opportunity such as Goldman’s own Global Equity Opportunities
presented
itself in the open market outside of Goldman, would Goldman invest in
it as a
vulture deal. The answer was a resounding yes. Thus the strategy of
feeding on one’s
own dead flesh to survive, if not to profit, took form.
Goldman would moderate its pending losses by
profiting as
vulture investor in its own distressed funds. The loss from one pocket
would
flow into another pocket as gains that, with a bit of luck, could
produce
spectacular net profit in the long run if the abnormally high
valuations could
be manipulated to hold, or the staying power from new capital injection
could allow
the fund to ride out the temporary sharp fall in market value. It was
the
ultimate hedge: profiting from one’s own distress. The success of the
strategy
depends on whether the losses are in fact caused by temporary anomalies
rather
than fundamental adjustment. Otherwise, it would be throwing good money
after
bad.
The Fed Held Firm
on
Inflation Bias
The Fed, in its Tuesday, August 7 Fed Open Market
Committee
(FOMC) meeting, defied market expectation and decided against lowering
interest
rates with a bias against growth and focused instead on inflation
threats. In
response, the S&P 500 index, with profit margin at 9% against a
historical
average of 6%, fell 44.4 points or 2.96% to 1,427 on August 9. The Dow
Jones
Industrial Average (DJIA) dropped 387 points to 13,504 on the same day,
even as
the Federal Reserve pumped $62 billion of new liquidity into the
banking system
to help relieve seizure in the debt market.
On the following Monday, August 13, Goldman
announced it
would injected $2 billion of new equity from its own funds into its
floundering
Global Equity Opportunities fund, along with another $1 billion from
big-ticket
investors, including CV Starr & Co., controlled by former American
International Group (AIG) chairman Maurice “Hank” Greenberg, California
real
estate developer Eli Broad who helped found SunAmerica and later sold
it to AIG,
and hedge fund Perry Capital LLC, which is run by Richard Perry, a
former
Goldman Sachs equity trader.
The new equity injection was intended to help shore
up the
long/short equity fund, which was down almost 30% in the previous week,
to keep
the fund from forced sales of assets at drastic discount long enough
for
markets to stabilize and for the fund to get out of the tricky
leveraged bets
it took before the credit markets went haywire in mid August. Global Equity “suffered significantly” as
global markets sold off on worries about debt defaults credit draught,
dragging
the perceived value of its assets down to $3.6 billion, from about $5
billion.
Goldman chief financial officer David Viniair on a
conference call with analysts was emphatic that the move was not a
rescue but to
capture “a good opportunity”. After more than a week of panic over the
disorderly
state of global capital markets, Goldman Sachs pulled a kicking live
rabbit magically
out of its distressed asset hat.
On a conference call to discuss the additional
equity
investment in the $3.6 billion Global Equity Opportunities fund,
Goldman
executives insisted the move would not add to moral hazard (encouraging
expectations
that lead investors to take more risk than they otherwise might because
they expect
to be bailed out), but would merely reflect the firm’s belief that the
value of
the fund’s underlying assets was out of whack with “fundamentals” and
that
sooner or later the losses would be recouped when an orderly market
returns.
“We believe the current values that the market is
assigning
to the assets underlying various funds represent a discount that is not
supported by the fundamentals,” Goldman explained in a statement. A day
later,
on August 14, the S&P 500 fell another 26.38 points or 1.83%,
followed by
another fall of 19.84 points or 1.39% on August 15, notwithstanding
that a
chorus of respected voices were assuring the public that the sub-prime
mortgage
crisis had been contained and would not spread to the entire financial
system.
But Goldman did not inject more equity into two of
its other
funds: Global Alpha and North American Equity Opportunities that had
also
suffered sharp losses. Goldman said it was reducing leverage in the
funds, a
process that was mostly complete, but added that it was not unwinding
Global
Alpha, down 27% this year through August 13, about half of that in the
previous
week alone. Unlike Global Equity Opportunities, Goldman did not bolster
its
Global Alpha quantitative fund. Investors had reportedly asked to
withdraw $1.6
billion, leaving Global Alpha with about $6.8 billion in assets after
forced
liquidation to pay the withdrawals.
Ireland
registered Global Alpha, originally seeded in 1995 with just $10
million and
returned 140% in its first full year of operation, was started by Mark
Carhart
and Raymond Iwanowski, young students of finance professor Eugene Fama
of the University of Chicago.
Fama’s concept of
efficient markets is based on his portfolio theory which states that
rational
investors will use diversification to optimize their portfolios based
on
precise pricing of risky assets.
Global Alpha soon became the Rolls Royce of a fleet
of
alternative investment vehicles that returned over 48% before fees
annually. Hedge
funds usually charge management fees of up to 2% of assets under
management and
20% of investment gains as incentive fees. Global Alpha fees soared to
$739
million in first quarter of 2006, from $131 million just a year earlier
and
boosted earnings rise at the blue-chip Goldman Sachs by 64% to $2.48
billion,
the biggest 2006 first-quarter gain of any major Wall Street firm.
Goldman is
one of the world’s largest hedge fund managers, with $29.5 billion in
assets
under management in an industry that oversees $2.7 trillion globally. Goldman reported in October 2006 that its
asset management and securities services division produced $485
million, or 21%
of its $2.36 billion in pretax profit for the fiscal third quarter.
For 2006, Global Alpha dropped 11.6% through the end
of
November and end up dropping 9% for the year yet still generating over
$700
million in fees from earlier quarters. That was the first annual
decline in
seven years and followed an almost 40% gain for all of 2005. The fund
took a
hit misjudging the direction of global stock and currency markets,
specifically
that the Norwegian krone and Japanese yen would decline against the
dollar.
Global Alpha lost money partly on wrong-way bets that equities in Japan
would rise, stocks in the rest of Asia and the US
would fall and the dollar would strengthen. Before August 2007, the
fund had
lost almost 10% on wrong bet in global bond markets.
Goldman’s smaller $600 million North American Equity
Opportunities fund had also hit rough waters, losing 15% this year.
There was
real danger of a rush of redemptions from nervous investors that would
force
the funds to sell securities in a market that had all but seized up,
forcing
down asset prices to fire sale levels. Global
Equity Opportunities investors were
entitled to pull their money
monthly with a 15-day warning, meaning notices for Aug. 31 were due on
August
16. Global Alpha investors could redeem quarterly, and certain share
classes
also must notify the fund by the week of August 13.
Hedge funds are private,
largely unregulated pools of
capital whose managers command largely unrestricted authority to buy or
sell
any assets within the bounds of their disclosed strategies and
participate in gains
but not losses from investment. The industry has been growing over 20%
annually
due to its above-market performance. Still, Carhart and Iwanowski, both
in
their early forties, had not been able to take any of their 20%
incentive fees
since Global Alpha fell from its 2006 peak. They would have to make
good about
60% of their previous incentive fees from profit, if any, in future
quarters before
they could resume taking a cut of the fund’s future gains.
The Fed Wavered
By August 16, the DJIA fell way below 13,000 to an
intraday
low of 12,445, losing 1,212 points from its 13,657 close on August 8. The next day, August 17, the Fed while
keeping the Fed Funds rate target unchanged at 5.25%, lowered the
Discount Rate
by 50 basis points to 5.75%, reducing the gap from the conventional 100
basis
points by half to 50 basis points and changed the rules for access by
banks to
the Fed discount window.
In an accompanying statement, the Fed said: “To
promote the
restoration of orderly conditions in financial markets, the Federal
Reserve
Board approved temporary changes to its primary credit discount window
facility.
The Board approved a 50 basis point reduction in the primary credit
rate to
5-3/4 percent, to narrow the spread between the primary credit rate and
the
Federal Open Market Committee's target federal funds rate to 50 basis
points.
The Board is also announcing a change to the Reserve Banks’ usual
practices to
allow the provision of term financing for as long as 30 days, renewable
by the
borrower. These changes will remain in place until the Federal Reserve
determines that market liquidity has improved materially. These changes
are
designed to provide depositories with greater assurance about the cost
and
availability of funding. The Federal Reserve will continue to accept a
broad
range of collateral for discount window loans, including home mortgages
and
related assets. Existing collateral margins will be maintained. In
taking this
action, the Board approved the requests submitted by the Boards of
Directors of
the Federal Reserve Banks of New York and San
Francisco.”
The Fed Panicked
A month later, on September 18, brushing aside a
DJIA
closing at a respectable 13,403 the day before even in the face of poor
employment data for August, the Fed panicked over the unemployment data
and lowered
both the Fed Funds rate target and the Discount Rate each by 50 basis
points to
4.75% and 5.25% respectively. The rate cuts gave the DJIA a continuous
rally for
9 consecutive days that ended on October 1 at 14,087. Obviously, the
Fed knew
something ominous about the credit market that was not reflected in the
DJIA index.
The Global Equity Opportunities fund, now with about
$6.6
billion in asset value, was using six times leverage before the capital
infusion. Like many other managers, Goldman was experiencing the same
problems
with its so-called quantitative funds. Quant funds use computerized
models to
make opportunistic investment decisions on minute statistic disparities
in
asset prices caused by market inefficiency. When the short-term credit
market
seized up, the quant models turned dysfunctional.
Funds caught with significant losses in credit and
bond
investments had to sell stock holdings to lower the risks profile of
their
overall portfolios, and the herd selling in the stock market magnified
the
price shift in a downward spiral. Stocks that were held long fell in
price, and
stocks that were held short rose, exacerbating losses.
Opacity Fueled
Market
Rumors
As required, quant fund managers have been
disclosing losses
to investors but they are not required to disclose to the market. The
opacity
fueled the rumor mill. Renaissance Technology’s $26 billion
institutional
equities fund was reportedly down 7% for the year. Some of the funds
Applied
Quantitative Research (AQR) managed were down as well, as were quant
funds at
Tykhe Capital, Highbridge Capital and D.E. Shaw (of which Lehman now
owns 20%).
Vulture
Opportunities
in Distressed Funds
At Goldman, quant funds made
up half of the $151 billion of
alternative investments under management, and half of which was the
sort of
long-short equity quant funds that had been having trouble. But Goldman
executives began to see opportunities in distressed funds. The highly
respected
AQR was raking in new funds to invest in distressed situations, as were
other astute
fund managers. AQR is an investment management firm employing a
disciplined
multi-asset, global research process, with investment products provided
through
a limited set of collective investment vehicles and separate accounts
that
deploy all or a subset of AQR's investment strategies. These
investment
products span from aggressive high volatility market-neutral hedge
funds, to
low volatility benchmark-driven traditional products. AQR’s founder is Clifford S. Asness, a Goldman
alumni where he was Director of Quantitative Research for the Asset
Management
Division responsible for building quantitative models to add value in
global
equity, fixed income and currency markets. He was
another of Fama’s students at the University of Chicago.
Goldman was putting its own money down alongside
that of select
outside investors, an expression of its faith in the fund’s ability to
recoup.
The situation differed from that of Bear Stearns which had to loan $1.6
billion
to bail out one of two internal hedge funds that had big problems with
exposure
to mortgage-related securities.
The First Wave of
Warnings
Goldman, one of the world’s premiere financial
companies, had
joined Bear Stearns and France’s
BNP Paribas in revealing that its hedge funds had been hit by the
credit market
crisis. Bear Stearns earlier in the summer disclosed that two of its
multibillion dollar hedge funds were wiped out because of wrong bets on
mortgage-backed securities. BNP Paribas announced a few weeks later it
would freeze
three funds invested in US asset-backed securities.
The assets of the two
troubled Bear Stearns hedge funds had been battered by turmoil in the
credit
market linked to sub-prime mortgage securities. On Jun 20, 2007, $850
million of the funds’ assets held as collateral was sold at greatly
discounted prices by their creditor, Merrill Lynch & Co. The
assets
sold included mortgage-backed securities (MBS), collateralized debt
obligations
(CDO) and credit default swaps (CDS). JP Morgan, another Bear Stearns
creditor,
had also planned an auction for some of the collateralized assets of
the Bear
Stearns funds, but cancelled the auction to negotiate directly with the
Bear
Stearns funds to unwind positions via private transactions to avoid
setting a market
price occasioned by market seizure.
The two Bear Stearns funds: High-Grade Structured
Credit
Strategies Enhanced Leverage Fund and High-Grade Structured Credit
Strategies
Fund, run by mortgage veteran Ralph Cioffi, were facing shut-down as
the rescue
plans fell apart. The funds had slumped in the first four months of
2007 as the
subprime mortgage market went against their positions and investors
began asking
for their money back. The High-Grade
Structured Credit Strategies Enhanced Leverage Fund sold roughly $4
billion of
subprime mortgage-backed securities in mid June, selling its
highest-rated and
most heavily traded securities first to raise cash to meet redemption
requests from
investors and margin calls from creditors, leaving the riskier,
lower-rated
assets in its portfolio that had difficulty finding buyers.
Collateral Debt
Obligation Crisis
CDOs are illiquid assets that normally trade only
infrequently
as institutional investor had not intended to trade such securities. Demand for them is not strong even in normal
times. In a credit crunch, demand became extremely weak. Sellers
typically give
investors one or two days to price the assets and bid in order to get
the best
price. Bid lists were now sent out for execution within roughly an
hour, which
was unusual and suggested that sellers were keen to sell the assets
quickly at
any price.
Bear Stearns’ High-Grade Structured Credit
Strategies
Enhanced Leverage Fund sold close to $4 billion worth of AAA and AA
rated
securities. The fund was started less than a year ago with $600 million
in
assets, but used leverage to expand its holdings to more than $6
billion. But
subprime mortgage trades that went wrong left the fund down 23% in the
first
four months of 2007. The fund was selling its highest-rated and most
tradable
securities first to raise cash to meet expected redemption requests and
margin
calls. Buyers were found for the bonds but the fund still had to retain
lower-rated
subprime mortgage-based securities which had triggered its losses
earlier in
the year.
Bear Stearns was highly leveraged in an illiquid
market and
was faced with the prospect that its funds were going to start getting
margin
calls so it tried to sell ahead of being in the worst spot possible.
Subprime
mortgages were offered at low initial rates to home buyers with
blemished
credit ratings who could not carry the adjusted payments if and when
rates rise.
This was not a problem as long as prices for houses continued to rise,
allowing
the lenders to shift loan repayment assurance from the borrower’s
income to the
rising value of the collateral. Thus subprime mortgages lenders were
not
particularly concerned about borrower income for they were merely using
home
buyers as needed intermediaries to profit from the debt–driven housing
boom. This
strategy worked until the debt balloon burst. Rising delinquencies and
defaults
in this once-booming part of the mortgage market had triggered a credit
crunch
earlier in the year that left several lenders bankrupt. Many hedge
funds had generated
big gains for several years on this unstainable liquidity boom. The
premature
bears who shorted the market repeated lost money as the Fed continued
to feed
the debt balloon to sustain the unsustainable.
As delinquencies and foreclosures rose finally,
losses first
hit the riskiest tranches of subprime mortgage-backed securities (MBS).
The
losses were subsequently transmitted to collateralized debt obligations
(CDOs)
which invested in the higher-rated tranches of subprime MBS that did
not have
an active market since they were bought by institutions with the
intention to
hold until maturity. Such securities were super safe as long as their
ratings
remain high.
Hedge funds have become big credit-market players in
recent
years, and many firms trade the riskiest tranches of subprime MBS and
higher-rated
CDOs tranches to profit from the return spread. While some funds, such
those
managed by Cheyne Capital and Cambridge Place Investment Management,
had
suffered sudden losses, some hedge funds made handsome gains in
February 2007 betting
that a subprime mortgage crisis would hit.
As the number of market participants increased and
the
packaging of the CDO became more exoteric over the liquidity boom
years, it became
impossible to know who were holding the “toxic” tranches and how
precisely the
losses would spread, since the risk profile of each tranche would be
affected
by the default rates of other tranches. The difficulty in identifying
the
precise locations of risk exposure caused a sharp rise in perceived
risk
exposure system wide. This sudden risk aversion led to rating
downgrades of the
high-rated tranches, forcing their holders to sell into a market with
few
buyers.
The Federal Deposit Insurance Corporation, which
monitors
risk in the banking system, tracks bank holdings of MBS, but not
specific tranches
of CDOs. It has no information on which bank holds CDOs and how much,
since
such instruments are held by the finance subsidiaries of bank holding
companies,
off the balance sheets of banks. Asian
investors,
particularly those in Japan,
had been eager to seek off-shore assets yielding more than the near
zero or
even negative interest rates offered at home. Many Japanese as well as
foreign investors
participated in currency “carry trade” to arbitrage interest rate
spreads
between the Japanese yen and other higher interest rate currencies and
assets
denominated in dollars, fueling a liquidity boom in US markets. The US
trade deficit fed the US
capital account surplus as the surplus trade partners found that they
could not
convert the dollars they earned from export to the US
into local currencies without suffering undesirable rise in money
supply. The
trade surplus dollars went into the US
credit market.
The growth of CDOs has been explosive during the
past
decade. In 1995, there were hardly any. By 2006, more than $500 billion
worth was
issued. About 40% of CDO collateral was residential MBS, with three
quarters in
subprime and home-equity loans, and the rest in high-rated prime home
loans.
CDOs became an important part of the mortgage market because their
issuers also
bought the riskier tranches of MBS that others investors shunned. The
high-rated tranches of MBS were sold easily to pension funds and
insurers. But
the ultra-high rated tranches paid such low returns because of their
perceived
safety that few buyers were interested, forcing the banks which
structured them
to hold them themselves. The issuers often hold the more riskier
tranches to
sell at later dates for profit when the value of the collateral rose
with
rising home prices. But when the riskier tranches could not be sold as
home
prices fell and mortgage default rose, the higher rating tranches
suffered
rating drops and institutional buyers were prevented by regulation to
hold the
ones they had bought and from buying new ones. When
the ultra safe tranches held by banks are
downgraded, banks are forced to writedown their value. With CDOs
withdrawing
from the residential MBS market, mortgage lenders were unable to sell
the loans
they had originated for new funds to finance new mortgages.
The chain of derivative structures that turns home
loans
into CDOs begins when a mortgage is packaged together with other
mortgages into
an MBS. The MBS is then sliced up into different CDO tranches that pay
on a
range of interest rates tied to risk levels. Mortgage payments go first
to the
highest-rated tranches with the lowest interest rates. The remaining
funds then
flows down to the next risky tranches until all are paid. The riskiest
CDO
tranches get paid last, but they offer the highest interest rates to
attract
investor with strong risk appetite.
In theory, all trenches have the same risk/return
ratio. As
the liquidity boom has gone on for years with the help of the Fed,
historical
data would suggest that risks of default should be minimal. Yet when
losses actually
occurred from unanticipated mortgage defaults and foreclosures, the
riskiest
tranches were hit first, while the top-rated tranches were hit last.
But until
losses occurred, the riskier tranches got the higher returns. Over the
years,
the riskier tranches generated big profit for hedge funds when the
risks did
not materialize to overwhelm the high returns. The problem was that the
profitability drove new issues of MBS at a faster pace than maturing
MBS, with
the number and amount of outstanding securities getting bigger with
each
passing year, exposing investors to aggregate risk higher than the
accumulated
gains. Because of the complexity and
opacity of the CDO market, institutional investors were not alerted by
rating
agencies of the fact that their individual safety actually caused a
sharp rise
in systemic risk. They felt comfortable as long as assets they acquired
were rated
AAA and deemed bankruptcy-remote, not realizing the system might seize
up some
Wednesday morning. That Wednesday came on August 15, 2007.
CDOs, a cross between an investment fund and an
asset-backed
security (ABS), perform this slicing process of risk/reward unbundling
repeatedly
to keep money recycling and money supply growing in the mortgage
market. While
CDOs lubricate the credit market to make more home financing affordable
to more
home buyers, it raises the price of home and its financing cost beyond
the
carrying capability of almost all home buyers when the bursting of the
debt bubble
resets interest rates to normal levels, making a rising default rate
inevitable.
Hedge funds are attracted by the high returns
offered by the
lowest-rated tranches of subprime MBS undbubled by CDOs, the so-called
equity
tranches which sink underwater as home prices fall. Many hedge funds
arbitrage
the wide return spread with low-cost funds borrowed in the commercial
paper
market and magnify the return with high leverage through bank loans.
They often
hedge against risk by holding derivatives that are expected to rise in
value
when housing prices fall, such as interest rate swaps. They also hedge
against
defaults with credit default swaps. These hedges failed when risk was
re-priced
by the market at rollover time for short-term securities which could be
every
30 days.
CDOs and Commercial
Paper
Much of the money used to buy CDOs come form the
commercial
paper market. Commercial paper consists of short-term, unsecured
promissary
notes issued primarily by financial and non-financial corporations.
Maturities
range up to 270 days but average about 30 days. Many companies use
commercial
paper to raise cash needed for current transactions, and many find it
to be a
lower-cost alternative to bank loans. Financial companies use
high-rated CDO
tranches as collateral to back their commercial paper issues.
Because commercial paper maturities do not exceed
nine
months and proceeds typically are used only for current transactions,
the notes
are exempt from registration as securities with the United States
Securities and
Exchange Commission.
Large institutions have long managed their
short-term cash
needs by buying and selling securities in the money market since the
early 1970's.
Today, a broad array of domestic and foreign investors uses these
versatile,
short-term securities to help to make the money market the largest,
most
efficient credit market in the world driving assets from $4 billion in
1975 to
more than $1.8 trillion today. This money market is a fixed income
market,
similar to the bond market. The major difference being that the money
market
specializes in very short term debt securities.
The money market is a securities market dealing in
short-term debt and monetary instruments. Money market instruments are
forms of
debt that mature in less than one year and are very liquid but traded
only high
denominations. The easiest way for individual investor to gain access
is
through money market mutual funds, or sometimes through a money market
bank
account. These accounts and funds pool together the assets of thousands
of
investors and buy the money market securities on their behalf.
Borrowing short-term money from banks is often a
labored and
uneasy situation for many corporations. Their desire to avoid banks as
much as they
can has led to the popularity of commercial paper. For the most part,
commercial paper is a very safe investment because the financial
situation of a
large company can easily be predicted over a few months. Furthermore,
typically
only companies with high credit ratings and credit worthiness issue
commercial
paper and over the past 35 years there have only been a handful of
cases where
corporations defaulted on their commercial paper repayment.
ABCP Conduits
Asset backed commercial paper (ABCP) is a device
used by
banks to get operating assets, such as trade receivables, funded by the
issuance
of securities. Traditionally, banks devised ABCP conduits as a device
to put
their current asset credits off their balance sheets and yet provide
liquidity
support to their clients. Conduits raise money by selling short-term
debt and
using the proceeds to invest in assets with longer maturities, like
mortgage-backed bonds. Conduits typically have guarantees from banks,
which
promise to lend them money up to the amount of the SIVs the banks
structure.
A bank with a client whose working capital needs are
funded
by the bank can release the regulatory capital that is locked in this
credit
asset by setting up a conduit, essentially a special purpose vehicle
(SPV) that
issues commercial paper, such as the ones used by Enron that led to its
downfall. The conduit will buy the receivables of the client and get
the same
funded by issuance of commercial paper. The bank will be required to
provide
some liquidity support to the conduit, as it is practically impossible
to match
the maturities of the commercial paper to the realization of trade
receivables.
Thus, the credit asset is moved off the balance sheet giving the bank a
regulatory relief. Depending upon whether the bank provides full or
partial
liquidity support to the conduit, ABCP can be either fully supported or
partly supported.
ABCP conduits are virtual subsets of the parent
bank. If the
bank provides full liquidity support to the conduit, for regulatory
purposes, the
liquidity support given by the bank may be treated as a direct credit
substitute in which case the assets held by the conduit are
aggregated with those of the bank. ABCP conduits are also set
up large issuers that are not banks.
The key weakness in the entire credit superstructure
lies in
the practice by intermediaries of credit to borrow short term to
finance long
term. This term carry is magical in an expanding economy when the gap
between
short term and long term credit is narrower than gains from long term
asset appreciation. But in a contracting
economy, it can be a
fatal scenario, particularly if falls in short term rates raise the
credit rating
requirement of the short term borrower, putting previously qualified
loans in
technical default. Securities that face difficulty in rolling over at
maturity
are known as “toxic” in the trade.
Lethal Derivatives
The credit default swap market is a microcosm of
investor
confidence. Credit default swaps are insurance for bad debt. Insured
creditors
are compensated by the seller of the insurance if a debtor defaults on
a loan.
When the threat of default rises in the market, the insurance premium
rises,
just as Katrina boosted hurricane insurance premium. This is known in
the
business as re-pricing of risk. The cost of credit default swaps
written on
investment banks such as Bear Stearns and Goldman Sachs and on
commercial banks
such as Citibank have soared in the past few months amid worries that
troubles
in the subprime-mortgage market and the leveraged-buyout market could
leave them
with massive loan defaults. The financial industry tracks
mortgage-linked
securities via the ABX index, which calculates the prices of a basket
of assets
backed by subprime loans.
The ongoing crisis in the US
housing market has pushed the ABX, a key mortgage-linked derivatives
index, to
new lows, threatening to unleash a further bout of credit market
upheaval. Price swing in the ABX can
reduce the value
of ultra-safe credit instruments that carried high credit ratings,
forcing
banks and other regulated investors to make further large write-downs
on their
credit market holdings, on top of the huge losses several major US
and foreign banks suffered from credit turmoil that began in August.
As the US
mortgages market deteriorates, financial sector losses will accumulate.
Secondary
market price movements indicate that losses on mortgage inventory are
likely to
be larger in coming quarters. Before July, the part of the ABX index
that
tracks AAA debt was trading almost at face value. However, in the last
three
weeks in October, it has fallen sharply due to downgrades by credit
rating
agencies and continuing bad data from the housing sector.
As a result, the so-called ABX 07-1 index – which
tracks AAA
mortgage bonds originated in the first half of this year – fell to a
record low
close of 79 on October 30, meaning that traders reckon these bonds are
worth
only 79 cents on the dollar. The ABX "BBB" 07-1 index measures the
performance of loans made during the second half of 2006, when many
home
purchase loans were made to buyers with shaky credit standings. The
index
traded around 44, or 44 cents on a dollar, nearly its weakest level
ever.
The swing is creating real pain for investors, since
in
recent years numerous firms have created trading strategies which have
loaded
large debt levels onto these “safe” securities, precisely because these
instruments were not expected to fluctuate in price. Investors
normally hold such “safe” securities
to maturity thus there is no demand for a ready market for them. But as
the
credit rating of these securities falls, investor cannot find buyer for
them at
any reasonable price. The last week in October saw the worst falls in
the ABX
market this year, especially higher up the capital structure with
highly rated
debt.
Pension funds and insurance companies hold the less
risky,
senior CDO tranches because regulatory rules restrict them from
investing in
lower-rated securities. When the low-rated tranches default in large
numbers,
the high-rated tranches lose rating and these regulated institutions
are forced
to sell their non-conforming holdings into a market with few buyers.
Pension funds, insurance companies and university
endowment
funds have also invested in hedge funds that hold the riskier CDO
tranches to
get higher returns. In recent years, CDO
issuance has exploded and many hedge funds have been buying the
riskiest
tranches of MBS that are backed by subprime loans. Mortgages closed by 4 pm New York
time were sent electronically to back-office locations in India
to be packaged into CDO tranches and resent electronically to New
York at 9:30 am
the next day to be sold in the credit market, generating huge fees and
profits
for Wall Street firms every day.
Rating Agencies
Under
Pressure
Moody’s Investors Services, an influential rating
agency,
warned in late July that defaults and downgrades of subprime MBS could
have
“severe” consequences for CDOs that invested heavily in the sector.
CDOs that
Moody’s rated from 2003 to 2006 had 45% exposure to subprime MBS on
average.
But that varied widely from almost zero to 90% with recent CDOs having
the high
concentrations of such collateral, the potential downgrade for which
could be 10
or more notches in rating. The secondary market for CDOs responded to
these
heightened risks, pushing prices down and widening spreads - the
difference
between interest rates on riskier debt and measures of short-term
borrowing
costs such as the London Interbank Offered Rate (LIBOR) or commercial
paper
rates. Spreads on BBB-rated asset-backed securities (ABS) CDOs over
LIBOR have
widened by roughly 125 basis points to 657 basis points since the end
of 2006.
Structured
investment
vehicles (SIVs)
Although the first structured investment vehicles
(SIVs)
appeared in the structured finance world some 15 years ago, and the
growth of
SIVs had been somewhat limited, (there are fewer than 20 vehicles
globally),
there is no doubt that these sophisticated bankruptcy-remote structures
have
strongly influenced other funding vehicles and asset management
businesses.
Since 2002, there has been renewed interest by different types of
financial
institutions in starting up SIVs or SIV-like structures with evolved
capital
structures embracing new classes of financial instruments.
The first SIVs were founded in the mid-1980s as
bankruptcy-remote entities and were sponsored by large banks or
investment
managers for the purpose of generating leveraged returns by exploiting
the
differences in yields between the longer-dated assets managed and the
short-term liabilities issued. The balance sheet of a structured
investment
vehicle typically contains assets such as asset-backed securities (ABS)
and
other high-grade securities that are funded through issued liabilities
in the
form of commercial paper (CP) and medium-term note (MTN) and
subordinate
capital notes. SIVs typically hedge out all interest and currency risks
using
swaps and other derivative instruments.
Overall, CP and MTN issuance shot up dramatically in
2004,
up US$25.7 billion to US$133.1 billion at year-end, with capital
investments at
an all-time high. In general, advances in capital structures and asset
portfolio management have invigorated interest from investors and
prospective
sponsors.
SIVs, Conduits and
Asset-Backed Commercial Paper (ABCP)
SIVs are typically funded in the low interest
short-term
asset-backed commercial paper (ABCP) market to invest in high-return
long-term
securities for profit. The viability of the stratagem depends on the
ability to
roll over the short-term commercial paper when they mature in typically
less
than 120 days. To keep the liquidity risk at a minimum, issuers stagger
the
maturity so that only a small portion of the loan needs to be refunded
in any
one week. The credit market crisis in mid 2007 created a break in
short-term
debt rollovers to cause a funding mismatch in long-term assets
positions
because investors have stopped buying new ABCP issued by some SIVs and
conduits.
What separates a SIV from other investment vehicles
is the
nature of its ongoing relationship with rating agencies – from the
originating
qualification process to the continuous monitoring of its asset
diversification, risk management and funding practices. These
guidelines
include frequent reporting of operating parameters such as portfolio
credit
quality, portfolio diversification, asset and liability maturity,
market risk
limitations, leverage and capital adequacy requirements, and liquidity
requirements.
The rigorous monitoring allows SIVs to be highly
capital
efficient, enabling them to be leveraged on an average of 12 times the
capital
base, with exceptions. Unlike related traditional asset backed
commercial paper
(ABCP) conduits, SIVs do not require 100% liquidity support and credit
enhancement.
Many SIVs faced trouble in the summer of 2007 as
they were
hit by both sharp falls in the value of their investments, mainly
financial
debt and asset-backed bonds, and a lack of access to new refinancing as
investors shunned short-term commercial paper debt linked to
asset-backed
securities (ABCP).
Most CDOs are cash flow transactions not directly
sensitive
to the market value of their underlying assets as long as the cash flow
is
undisturbed. But if a CDO manager needs to sell an asset quickly even
at a loss
because of ratings agency downgrade, the CDO manager will be forced to
carry
the remaining assets at a lower value, upsetting both collateral for
the agreed
cash flow and the balance sheet of the participants.
While some hedge funds have profited from the
sublime
mortgage meltdown, other funds have been hit hard, resulting in a
deteriorating
financial sector as asset values plummeted faster than potential gains
by
vultures.
Other big lenders that raised warning flags earlier
about
bad-performing debt portfolios included Washington Mutual, New Century
Financial and Marshall & IIsley Corporation. Foreclosures jumped
35% in
December 2006 versus a year earlier. For the fifth straight month, more
than
100,000 properties entered foreclosure because the owner couldn't keep
up with
their loan payments. In January 2007, Washington Mutual disclosed that
its
mortgage business lost $122 million in the fourth quarter, highlighting
the
weak sub-prime market.
New York Attorney
General Sues Appraisal Company
New York Attorney General Andrew Cuomo, a potential
Democrat
gubernatorial candidate for New York, has filed suit against
eAppraiseIT (EA),
a real estate appraisal management subsidiary of First American
Corporation,
for having “caved to pressure from Washington Mutual” to inflate
property
values of homes. Washington Mutual allegedly complained to EA that “its
appraisals weren't high enough.” Cuomo said in a statement that
“consumers are
harmed because they are misled as to the value of their homes,
increasing the
risk of foreclosure and hindering their ability to make sound economic
decisions. Investors are hurt by such fraud because it skews the value
and risk
of loans that are sold in financial markets.” The bank is also facing a
number
of class action suits from irate borrowers.
Shares of government sponsored mortgage lenders
Fannie Mae
and Freddie Mac tumbled after receiving subpoenas seeking information
on loans
they bought from Washington Mutual and other banks. Cuomo said he
uncovered a
“pattern of collusion” between lenders and appraisers, and is seeking
documents
that may prove the lenders inflated appraisal values. The subpoenas
also seek
information on Fannie and Freddie's due diligence practices. If decided
that
they own or guarantee mortgages with inflated appraisals, company
policy
dictates that the lenders buy back the loans. “In order to fulfill
their duty
to consumers and investors, Fannie Mae and Freddie Mac must ensure that
Washington Mutual’s mortgages have not been corrupted by inflated
appraisals,”
Cuomo said. In 2007, WaMu is Fannie Mae’s
third-largest loan provider, selling it $24.7 billion and Freddie Mac’s
fourteenth
largest at $7.8 billion. Washingtom Mutual share fell 17% after it
announced it
would set aside $1.3 billion fourth quarter 2007 for credit losses, up
from
$967 million in the third quarter.
Mortgage Lenders Fell
Like Flies
The handwriting
had been clearly on the wall. Back on
February 6, New Century Financial shares
plunged 29% after the mortgage services
provider slashed its forecast for loan production for 2007 because
early-payment defaults and loan repurchases had led to tighter
underwriting
guidelines. A week later, Pasadena, Calif.-based IndyMac Bancorp Inc.
which sold
Alt-A mortgages for borrowers who were not required to submit
conforming income
and financial documents necessary to quality for conventional
conforming
mortgages, warned that its quarterly earnings would come in well short
of
analyst expectations because of increased loan losses and
delinquencies. Other
lenders were also squeezed by deteriorating credit. Marshall &
IIsley
reported a jump in non-performing assets in the quarter, while Bank of
the
Ozarks reported a 69% increase in problem loans. US Bancorp predicted
an
increase in retail loan charge-offs and commercial loan losses in
coming
quarters. Wells Fargo warned it expected net credit losses from
wholesale
banking to increase in 2007.
Britain’s
Barclays PLC, in the midst of an unsuccessful takeover battle for ABN
Amro, was
reported as among the banks that were having trouble with bad loans and
its
hedge funds. Barclays Global Investors was one of the world's biggest
fund
managers, with some $2 trillion in assets under management.
The
Case of
Countrywide Financial
Non-conforming
mortgages securities packaged by Countrywide Financial needed to
be sold in the private,
secondary market to alternative investors, instead of the agency
market. On August 3, 2007, this secondary
market collapsed
and essentially stopped the sales of most non-conforming securities.
Alt-A
mortgages (loans given to self-declared creditworthy borrowers without
supporting
documentation) completely stopped trading and the seizure extended to
even
AAA-rated mortgage-backed securities. Only securities with conforming
mortgages
were trading. Unfazed, Countrywide Financial issued a reassuring
statement that
its mortgage business had access to a nearly $50 billion funding
cushion.
In reality, the sub-prime mortgage meltdown put
Countrywide
Financial, along with many other mortgage lenders, in a crisis
situation of
holding drastically devalued loan portfolios that could not be sold at
any
price. Amid rising defaults, investors have fled from mortgage-related
investments, drying up market demand. The ongoing credit crunch
threatened Countrywide’s
normal access to cash.
After the collapse of American Home Mortgage on
August 6, the
market’s attention returned to Countrywide Financial which at the time
had
issued about 17% of all mortgages in the United
States. Days later, Countrywide
Financial
disclosed to the SEC that disruptions in the secondary mortgage markets
could adversely
affect it financially. The news raised speculation that Countrywide was
a
potential bankruptcy risk. On August 10, a run on the Countrywide Bank
began as
the secondary mortgage market shutdown, curtailing new mortgage funding.
The perceived risk of Countrywide bonds rose
sharply. Credit
ratings agencies downgraded Countrywide to near junk status.
The cost of
insuring its bonds rose 22% overnight. This development limited
Countrywide access
to the short-term commercial paper
debt market which normally provides cheaper money than bank
loans. Institutional
investors were trying desperately to unload outstanding Countrywide
paper held
in their portfolios. Some 50 other mortgage lenders had already filed
for
Chapter 11 bankruptcy, and Countrywide Financial was cited as a
possible
bankruptcy risk by Merrill Lynch and others on August 15. This combined
with news
that its ability to issue new commercial paper might be severely
hampered put
severe pressure on the stock. Countrywide shares fell $3.17 to $21.29,
which
was its biggest fall in a single day since the crash of 1987 when the
shares fell
50% for the year. The 52-week low to date was $12.07 per share.
On Thursday, August 16, having
expressed concerns over
liquidity because of the decline of the secondary market for
securitized
mortgage obligations, Countrywide also announced its intention to draw
on the
entire $11.5 billion credit line from a group of 40 banks. On Friday
August 17,
many depositors sought to withdraw their bank accounts from Countrywide. It also planned to make 90% of its loans
conforming. By this point stock shares had lost about 75% of their peak
value
and speculation of bankruptcy broadened.
The Fed Discount
Window Accepts Toxic Collateral from Banks
At the
same time the Federal Reserve lowered the discount
rate 50 basis points in a last-minute, early morning conference call.
The Fed also
accepted $17.2 billion in repurchase agreements for mortgage backed
securities
to provide liquidity in the credit market. This helped calm the stock
market
and investors promptly responded positively with the Dow posting
temporary gains.
Additionally, Countrywide was forced to restate
income it
had claimed from accrued but unpaid interest on “exotic” mortgages in
which the
initial pay rate was less than the amortization rate. By mid 2007, it
became
apparent much of this accrued interest had become uncollectible. In a
letter
dated August 20, Federal Reserve agreed to waive banking regulations at
the
request of Citigroup and Bank of America to exempt both banks from
rules that
limited the amount that federally-insured banks can lend to related
brokerage
companies to 10% of bank capital, by increasing the limit to 30%. Until then, banking regulations restricted
banks
with federally insured deposits from putting themselves at risk by
brokerage
subsidiaries’ activities. On August 23,
Citibank and Bank of America said that they and two other banks
accessed $500
million in 30-day financing at the Fed’s discount window at the new low
rate of
5.25%.
On the next day, Countrywide Financial obtained $2
billion
of new capital from Bank of America Corp, the banking holding parent.
In
exchange, the Bank of America brokerage arm would get convertible
preferred
stock yielding 7.3%, a profitable spread over its Fed discount rate of
5.25%
and the Fed funds rate of 4.75%. The preferred stocks can be converted
into common
stock at $18 per share (trading around $12 on October 25).
This gave the distressed mortgage lender a
much-needed cash infusion amid a crippling credit crunch. Countrywide
shares
soared 20.01%, or $4.37, to $26.19 after hours on the news. Bank of
America
shares rose 1.9%, or 98 cents, to $52.63 (trading around $46.75 on
October 25
after announcing third quarter earning dropping 32%).
SEC to Scrutinize
Security Valuation
The Securities and Exchange Commission (SEC) is
reportedly looking
into the accounting and securities valuation practices at Wall Street
investment banks to ensure consistency and clarity for investors.
Meanwhile,
major financial institutions were lining up to announce write-downs on
their
sub-prime mortgage exposures. Merrill Lynch wrote down $5.5 billion
which was
later revised to $8 billion; Citigroup $3.3 billion which was later
revised to
$11 billion; Goldman Sachs $1.7 billion, Lehman Brothers $1 billion,
Morgan
Stanley $0.9 billion and Bear Sterns $0.7 billion. Many in the market
expect
further write downs in coming quarters. Already Merrill Lynch write
down is
widely put at more than $14 billion and few believe that Citigroup’s
loss could
be kept to $11 billion in coming quarters. The heads of Merrill, UBS
and
Citigroup all resigned.
Wachovia, the fourth-largest US
bank by assets, estimated on Friday, November 9 that the value of its
subprime
mortgage-related securities had fallen $1.1 billion in October. It said
loan-loss provisions would be increased by as much as $600 million in
the
fourth quarter due to “dramatic declines” in home values. The
announcement came
three weeks after Wachovia reported writedowns of $1.3 billion in the
third
quarter and posted its first earnings drop in six years.
Morgan Stanley, the second-biggest U.S.
securities firm, said on November 7 its subprime mortgages and related
securities lost $3.7 billion in the past two months, after prices sank
further
than the firm’s traders anticipated. The decline may cut fourth-quarter
earnings by $2.5 billion. Colm Kelleher, Morgan Stanley chief financial
officer
to the Financial Times in an interview: “You need to see some of these
long
positions reduced, you need to see buyers coming in, you need to see an
easing
of liquidity in the market.” Kelleher said credit markets would take
three or
four quarters to recover, instead of the one or two he estimated when
the firm
reported third-quarter results on September 19.
Concerns about potential writedowns at Morgan
Stanley have
pushed the stock lower this week, bringing the year-to-date decline to
24
percent. The stock fell $3.32, or 6.9%, to $51.19 in New York Stock
Exchange
composite trading on November 8. Analysts
estimate the firm would lose about $4
billion on asset- backed
securities and collateralized debt obligations and expected the
remaining
losses to be booked on residual mortgage interest and on credit lines
to
structured investment vehicles.
Being Right Can
lead
to Losses through Aggressive Hedging
Part of the losses Morgan Stanley incurred stemmed
from
derivative contracts the firm’s proprietary trading unit wrote earlier
in the
year. The traders anticipated correctly a decline in the value of
subprime
securities and took up short positions and the contracts made money for
the
firm in the second quarter. But the contracts started losing money when
prices
fell below the level the traders had anticipated. As markets continued
to
decline, the firm’s risk exposure swung from short, to flat to long
because the
structure of the book had big negative convexity. For
any given bond, a graph of the
relationship between price and yield is a convex curve rather than a
linear straight-line.
As a bond’s price goes up, its yield goes down, and vice versa. The
degree to
which the graph is curved shows how much a bond’s yield changes in
response to
a change in price. Negative convexity gives the investor a greater loss
in the
event of a 50 basis points drop in
yields than his gain in the event of a 50 basis points rise in yields.
For any
given move in interest rates, the downside is bigger than the upside to
give a
built-in loss for a short position with negative convexity.
Sophisticated traders
can create instruments which have so much negative convexity that the
price
might start off moving in one direction as yields start moving, and
then
eventually start moving in the opposite direction beyond a given range.
The
hedge then begins to cannibalize profitability.For any given
move in interest rates, the downside is bigger
than the upside to give a built-in loss for a short position with
negative
convexity, thus producing losses. For positive convexity, the upside is
bigger
than the down side, thus giving short positions an advantage.
Morgan
Stanley’s short positions allegedly turned against them by negative
convexity;
at least that was how they explained the loss. Some analysts think
there must
be more than meets the eye, assuming Morgan management itself even
know. The people
who put on the bad trades were fired and not there to answer questions.
It is one thing to lose money, but it is quite
another to lose money without
knowing why and how. Morgan Stanley, Citibank, and the rest still have
difficulty figuring out how they lost money last quarter and how much
loss is
waiting in future quarters. They only know the numbers came in very bad.
SEC Concern over
Accuracy of Writedowns
US
market regulators have been working with investment banks and
accounting firms
over the past few months to keep tabs on how they are dealing with
changes to
the accounting treatment of securities that were introduced this year
by the US
Financial Accounting Standards Board (FASB). The SEC has been
particularly
concerned during the third quarter earnings season, which resulted in
billions
of dollars in write-downs at investment banks after problems in the
sub-prime
mortgage markets that triggered a wider credit crisis. At issue is
whether
these write-downs accurately reflect the total financial impact of the
credit
crisis on the banks and their investors.
The SMELEC Super
Fund
Proposal
Citigroup, Bank of America and JP Morgan/Chase
announced on
Monday, October 15, plans for a super fund to buy mortgage-linked
securities in
an attempt to allay fears of a downward price-spiral that would hit the
balance
sheets of big banks. US
banks collectively would put up credit guarantees up to $100 billion
for the
fund, named the Single-Master Liquidity Enhancement Conduit (SMLEC).
The concept of an SMLEC first emerged three weeks
earlier
when the US Treasury summoned leading bankers to discuss ways to revive
the
mortgage-linked securities market and to deal with the threat to the
credit
market posed by structured investment vehicles (SIVs) and conduits. The
Treasury said it acted as a “neutral third party” in the discussions,
but Henry
Paulson, Treasury secretary, was reportedly strongly in support of the
initiative.
Robert Steel, under-secretary for domestic finance,
led the
US Treasury side of the discussions, with the day-to-day work handled
by
Anthony Ryan, assistant secretary. The plan is an attempt to address
concerns
about SIVs and conduits, vehicles that are off-balance sheet but
closely
affiliated to banks.
Fears emerged that some SIVs might be pushed into
forced
sales of assets, prompting further declines in the market price of
mortgage-linked
securities as a class that could hurt the balance sheets of all lending
institutions. SMLEC, designed as a superfund to preserve the
theoretical value
of the high-rated tranches by creating a ready buyer for them, is
likely to be
unpopular with some banks and non-bank institutions which have already
started
trading in distressed low-rated subprime securities at knockdown prices.
SMLEC as proposed is intended as a restructuring
vehicle,
repackaging credit securities to make them more transparent than
existing SIV commercial
paper and less risky to investors. It would only deal in “highly-rated”
assets.
Although it is envisaged that the scheme will initially focus on
vehicles in
the dollar market held by US banks, it is expected to extend to non-US
banks as
well, and may even be extended to the euro market. The US Treasury
declined to
provide official comment on the reported proposal.
In October, Citigroup Inc. posted a 57% slump in
third-quarter net income at $2.38 billion, or 47 cents a share, from
$5.51
billion, or $1.10 a share, a year earlier. The latest quarterly results
included $1.35 billion of pretax write-down in the value of loans that
helped
finance the leveraged-buyout boom and $1.56 billion of pretax losses
tied to
loans and sub-prime mortgages. A couple of weeks after the SMLEC
proposal, Citigroup
announced a write down of $3.3 billion which was later revised to $11
billion
and that its Chairman resigned after an emergency board meeting on the
first
Saturday of November.
SMLEC is in essence a big bet that a consortium of
banking
giants, at the prodding of the US Treasury, can persuade investors to
pour new
money into the troubled credit market to buy the assets of troubled
SIVs to prevent
the pending loss faced by the sponsoring institutions.
Alan Greenspan, former Fed chairman, immediately
raised
serious doubts over SMLEC, warning that it could prevent the market
from
establishing true clearing prices for asset-backed securities. “It is
not clear
to me that the benefits exceed the risks,” Greenspan told Emerging
Markets, adding, “The experience I have had with that sort
of intervention is very mixed.” As the
person most responsible for a macro liquidity boom that had prevented
“the
market from establishing true clearing prices for assets of all types”,
Greenspan is critical of the effort of the Treasury to do the same
thing on a
micro level to save the banking system.
Greenspan explained: “What creates strong markets is
a
belief in the investment community that everybody has been scared out
of the
market, pressed prices too low and there are wildly attractive
bargaining
prices out there.” He added: “if you intervene in the system, the
vultures stay
away. The vultures are sometimes very useful.” Goldman
Sachs must have heard the message loud
and clear and decided to
act as its own home-grown vulture.
Greenspan’s remarks came amid growing speculation on
Wall
Street that the current Federal Reserve sees potential benefits in the
SMLEC
proposal in terms of preventing a possible fire sale of assets, and
does not
think it has been designed to allow financial institutions to avoid
recognizing
losses. But the Fed is concern that the superfund plan could exacerbate
growing
investor anxiety, and thinks markets might normalize faster if at least
some
troubled SIV assets were sold in the market to allow prices to find a
floor.
Fed officials have been officially silent on the superfund plan,
leading to the
impression that the Fed wants to keep its distance.
The Treasury regards the Fed’s silence as
simply reflecting the separation of powers and responsibilities between
the
institutions. In reality, the Treasury leads the Fed on issues of
national
economic security, notwithstanding the Fed’s claim of independence.
Greenspan defended the 1998 Fed-sponsored rescue of
Long-Term Capital Management (LTCM) by a group of creditor banks,
saying it
worked because it took a set of assets that would otherwise have been
dumped at
fire-sale prices off the market, allowing prices of the remaining
assets to
find a true equilibrium. But he said today “we are dealing with a much
larger
market.” To those who still have reliable memory, the justification for
the Fed
managed rescue of LTCM was to prevent the total collapse of the
financial
market because of the dominant size and high leverage of LTCM. Other
distressed
hedge funds would also have survived with a Fed managed bailout, but
they did
not qualify as being “too big to fail”.
Frederic Mishkin, a Federal Reserve governor,
admitted to
the Financial Times that although the central bank could use monetary
policy to
offset the macroeconomic risk arising from the credit squeeze, it was
“powerless” to deal with “valuation risk” – the difficulty assessing
the value
of complex or opaque securities.
Robert J Shiller, Yale economist of “Irrational
Exuberance” fame (2000), writing in the October 14
edition of the New York Times: Sniffles
That Precede a Recession: “While it may seem as though these
private banks
could have met by themselves and agreed to create a fund without
pressure from
Treasury to do so, apparently there are times when the private sector
cannot
take care of itself and it needs the government to intervene and prod
it in the
right direction, at least that appears to be the attitude at Treasury
(and I
wonder if there will be government guarantees of any sort as part of
the
bargain, a situation that rules out the private sector doing it on its
own, but
also a situation that more explicitly recognizes the existence of
market
failure and the need for government intervention to overcome it). It
would be
refreshing to see this same attitude extended by the administration to
other
markets that cannot coordinate properly or that suffer from significant
market
failures of other types, markets that produce outcomes where, say,
children are
left without health coverage. But don't get your hopes up.”
Warren Buffett, the Pied Piper of other awed
investors, told
Fox Business Network that “pooling a bunch of mortgages, changing the
ownership” would not change the viability of the mortgage instrument
itself.
“It would be better to have them on the balance sheets so everyone
would know
what’s going on.” Bill Gross, chief investment officer of Pimco, the
giant bond
fund manager, called the superfund idea “pretty lame”. Investors need
to know
what their portfolio is really worth at any moment in time, not merely
constructed
value if conditions should hold.
Next: The Commercial
Paper Market and SIVs
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