Who Will Manage the Bailout Fund?

The jockeying for who is going to get the mandate to run the government’s bailout fund has begun in serious. Bill Gross, giving an interview to the NYT, says he’ll do it for free — which doesn’t mean he wouldn’t make a lot of money, since the value of all the asset-backed securities his firm has under management would presumably rise substantially. In any case, he’s conflicted: he has a strong incentive to maximize, rather than minimize, the amount paid — especially if he doesn’t get any kind of performance fee for running the fund.

Larry Fink, meanwhile, is also pushing for the plan, presumably for the same reasons; he’s surely bidding to run it, too, but his conflicts would be no different.

Here, in the comments, dWj proposed another manager:

Somebody asked me a couple days ago whether I would trust anyone with the discretion Paulson has requested, and I couldn’t imagine that I could. About 24 hours it occurred to me that there is someone: Warren Buffett. If we can talk him into running the program, I’m a big supporter of it. If not, it needs a lot of procedural safeguards before it gets out of Congress.

Buffett would give the public confidence in the program, to be sure, but frankly I’d be just as happy if the fund weren’t outsourced at all, and instead were given to some arm of the FDIC.

But the really important part of the whole deal isn’t the manager but the mandate. So far, no one has even come close to proposing the kind of language which would describe whether the government is charged with paying market rates, on the one hand, or its own self-determined fair value, on the other. And the distinction makes all the difference — much more than the identity of the fund manager.

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Extra Credit, Wednesday Edition

The oil price spike: John Hempton thinks it’s a short squeeze, and that the US has a massive profit opportunity.

Dr. Strangelove, Paulson, and the Face-Slap Theory: Paulson has a secret plan which will only work if it’s unexpected! Or something.

The A.I.G. Bailout Takes Shape: Paulson’s end-run around shareholder democracy.

Seen on a Post-It Note in Congress: Setting priorities.

Manhattan, Deleveraged: If you’re interested in what my writing looks like when it’s actually been edited.

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Didn’t Panic

I was right about what Bush was going to say, but I was wrong about how he said it. This was one of the best speeches of his presidency, if not the best. I was watching in a noisy bar, and got the gist — but more importantly I got the body language. He wasn’t panicked, and he wasn’t angry, and he wasn’t telling us that we really had to Act Now Or Else. He was calm, and surprisingly coherent, and he took first-person responsibility for the bailout, and he explained the urgency without sounding like he was reacting in a knee-jerk manner.

Put it this way: if Chris Dodd has been a surprise to me over the past week, Bush tonight was a revelation. It was like he was a completely different politician from the one I’ve gotten used to for the past eight years.

Whoever wrote this speech deserves some kind of medal. It explained complex matters clearly, without oversimplifying, and without talking down. You want the history of the credit crisis in 355 words? I don’t think you could do much better than this:

For more than a decade, a massive amount of money flowed into the United States from investors abroad, because our country is an attractive and secure place to do business. This large influx of money to U.S. banks and financial institutions — along with low interest rates — made it easier for Americans to get credit. These developments allowed more families to borrow money for cars and homes and college tuition — some for the first time. They allowed more entrepreneurs to get loans to start new businesses and create jobs.

Unfortunately, there were also some serious negative consequences, particularly in the housing market. Easy credit — combined with the faulty assumption that home values would continue to rise — led to excesses and bad decisions. Many mortgage lenders approved loans for borrowers without carefully examining their ability to pay. Many borrowers took out loans larger than they could afford, assuming that they could sell or refinance their homes at a higher price later on.

Optimism about housing values also led to a boom in home construction. Eventually the number of new houses exceeded the number of people willing to buy them. And with supply exceeding demand, housing prices fell. And this created a problem: Borrowers with adjustable rate mortgages who had been planning to sell or refinance their homes at a higher price were stuck with homes worth less than expected — along with mortgage payments they could not afford. As a result, many mortgage holders began to default.

These widespread defaults had effects far beyond the housing market. See, in today’s mortgage industry, home loans are often packaged together, and converted into financial products called "mortgage-backed securities." These securities were sold to investors around the world. Many investors assumed these securities were trustworthy, and asked few questions about their actual value. Two of the leading purchasers of mortgage-backed securities were Fannie Mae and Freddie Mac. Because these companies were chartered by Congress, many believed they were guaranteed by the federal government. This allowed them to borrow enormous sums of money, fuel the market for questionable investments, and put our financial system at risk.

Of course, one can quibble. Was the credit boom because America "is an attractive and secure place to do business" or was it because Alan Greenspan cut interest rates too much? But as potted economic history, addressed at an audience of millions who have no idea what a bond is, this is first-rate stuff. And the rest of the speech is just as good. In fact, it’s exactly the kind of thing that Hank Paulson has signally failed to deliver: he might be good at talking to Wall Street, but he’s dreadful at talking to Main Street.

Bush also said quite explicitly that the bailout plan calls for the government to buy distressed assets "at their current low prices and hold them until markets return to normal" — not to buy them at some notional "fair value" price. Is this exactly what Paulson will do if and when he gets his druthers? I have no idea, and Floyd Norris, for one, doubts it. But with the President breathing his shoulder impressing on him the need to buy low, the government might not, in the end lose as much money as I feared on this venture.

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Don’t Panic

I have a feeling I know what President Bush is going to say in his address to the nation tonight, but the single biggest message has already been sent, thanks to his decision to schedule the last-minute broadcast coming on the same day as John McCain announced he was suspending his presidential campaign to try to wrestle the bailout to the ground. The message is the same as the one sent by Hank Paulson over the weekend, when he asked for unprecedented power and unaccountability in structuring the bailout fund. And the message is not one that politicians should be sending:

Panic!

I just went to see Tony Blair speak at the World Business Forum in New York, and he said that it’s important to recognise crises when you see them, and then to treat them as such. At the same time, he added, it’s equally important to "remain absolutely calm".

I have to give the edge to the Democrats, here — not just Chris Dodd but Barack Obama as well. They clearly appreciate the severity of the situation, but at the same time they aren’t trying to use scare-bully tactics to push through ill-thought-through emergency legislation which could have decades-long repercussions.

What’s truly astonishing to me is that the markets, at this highly nervous and volatile time, seem to be more grounded than the Administration. When politicians say that the economy is in peril and that we need $700 billion just to keep our heads above water, that’s normally a sign to run for the exits. But so far, that hasn’t happened: they, like the Democrats, appreciate that there probably is a sensible solution to this crisis, if we tone down the rhetoric and work together.

McCain’s statement, in this context, was truly unhelpful. This is panicky, not constructive:

It has become clear that no consensus has developed to support the Administration’s proposal. I do not believe that the plan on the table will pass as it currently stands, and we are running out of time.

This strikes me as a profound misreading of the public’s mood, a bit like Rudy Giuliani’s decision to try to extend his second and final term as mayor on the grounds that only he was qualified to do the job. America does not want to elect a politician who can’t help construct a bailout package without abandoning a foreign-policy debate. Nor should it.

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The Bailout’s Auction Design: How About a Market?

Ben Bernanke and Hank Paulson spent a bit of time yesterday talking, in pretty vague terms, about auction design and how important it would be to any eventual bailout mechanism. The idea is pretty simple: assume argumento that "fundamental" prices for banks’ mortgage-backed securities are higher than present "fire sale" prices. Then if a transparent auction can persuade the market as a whole that the securities are worth much more than it feared, much of the crisis would simply go away.

Here’s how Bernanke put it:

Just as when you sell a painting at Sotheby’s, nobody knows what its worth until the auction is over. Then people know what its worth. I think the same thing here.

If the auction goes well — and there’s a non-zero probability that it will, especially when the US Treasury is in the market with $700 billion to spend — then it could assuage fears about the valuation of hundreds of billions of dollars of super-senior bank assets.

The practical aspects of this idea, however, have been left very much up in the air. So it’s welcome that Gilad Livne and Alistair Milne have come up with a much more specific idea: a central credit exchange.

They explain that credit markets have seized up because banks think their assets are worth much more than anybody’s willing to pay for them. So, they say, get a consortium of banks to put up for sale some small percentage of their assets, and start bidding on them in this market.

Under a best-case scenario, the existence of the exchange alone could have a enormous upside with basically zero downside:

Such a trading venue, while it will take some time to establish, has the potential to add about $300bn to the net worth of the global banking sector, without cost to either taxpayers or investors.

I’m glad that we’re moving, here, from vague generalities to real ideas. This one has no certainty of working, but the great thing about it is that it has very little chance of doing real harm, especially if the bailout fund is involved in the scheme. Auctions are hard things to design; markets are basically very efficient real-time auctions. If a market for such unique assets as CDOs could really be designed, that could be a great step forward in terms of transparency and liquidity.

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Crisis: The Book

Leon Neyfakh reports that Joe Nocera and Bethany McLean are putting together a proposal for what Nocera calls "a book for the ages" on the financial crisis. And they’re not the only journalists writing a book on this subject: Neyfakh mentions Andrew Ross Sorkin, Roger Lowenstein,

Kate Kelly, Charlie Gasparino, Gillian Tett, Michael Lewis, Daniel Gross, and David Wessel as others in various stages between pitching and finishing books. I’d add Portfolio’s own Duff McDonald to the list, too.

But the really big book, the one which everyone’s going to want, is Paulson’s.

Paulson will be unemployed come January, and has been right in the middle of every major event of the credit crisis. Obviously he doesn’t need the money, although his advance would surely be stratospheric. But he does have the ego; my feeling is that he’ll do the same thing as his predecessor Bob Rubin, find a very high-rent co-writer to share the drudge work, and put out his side of the story. And I’ll be very interested to read it.

Meanwhile, that list of journalists comprises something of an all-star financial-journalism roster: the industry would suffer if they all went on book leave at once. And I can only imagine what Graydon Carter thinks of McLean disappearing off to write a book just two months after she started work at Vanity Fair. What’s more, if Sorkin does disappear to write a book, I somehow doubt that he would return to the NY Times afterwards. We’ve already seen the financial crisis rejigger the architecture of Wall Street; it might end up doing something similar for financial journalism, too.

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News Doesn’t Move Markets, Goldman Sachs Edition

gsprice.jpg

Above is a five-day chart of the Goldman Sachs share price. The first arrow shows what happened when Goldman announced it was becoming a bank holding company; the second arrow shows what happened when Berkshire Hathaway announced it was putting $5 billion of new capital in to Goldman. And all that noise over on the left? Unrelated to any Goldman-specific news at all.

Now you can see the Berkshire news (but not the bank news) quite clearly in the volume chart underneath: there’s a big spike this morning. News causes trades, there’s no doubt about that. But on the other hand, volume was just as large through most of Thursday, without Goldman-specific news, and it stayed high all day, unlike today.

If you read any stock-market report today, it will feature the Goldman news front and center — not just to explain what the Goldman share price is doing, but even to explain what all the other shares in the US market are doing. But clearly Goldman shares are moving no more than is normal for the company these days: if anything, the stock seems less volatile today than it has been of late.

The fact is that working out a fair level for Goldman stock is all but impossible right now, what with the dilution announced last night, the impact of the extra capital, the high interest rate on the new perpetual shares, the deleveraging which may or may not be necessary as a result of becoming a bank, other consequences of the bank’s new regulatory oversight, the amount of money Goldman will have to start investing in low-return projects as a result of Community Reinvestment Act rules, etc etc etc.

And yet the shares today are at pretty much the same level as they ended last week. It could be that all the news somehow cancelled itself out; or it could be that no one knows anything, and that the default response is to do nothing for fear of looking stupid. My guess is that in a year’s time, the stock will be quite a long way from where it is now. In which direction, I have no idea. So averaged out, maybe the flat share price makes sense. It just isn’t very informative.

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House Price Datapoint of the Day

The National Association of Realtors has a hard time this month spinning their own data release:

The national median existing-home price for all housing types was $203,100 in August, down 9.5 percent from a year ago when the median was $224,400.

This looks even worse when you get out last month’s release:

The national median existing-home price for all housing types was $212,400 in July, down 7.1 percent from a year ago when the median was $228,600.

When the annual rate of change rises to 9.5% from 7.1%, that’s bad. But look at it another way, and it’s much worse. Over the past year, the median house price has fallen by $21,300. And over the past month, the median house price has fallen by $9,300. Which means that 44% of the drop in house prices over the past year took place in the last month.

Now year-on-year statistics are generally more useful than month-on-month statistics, so it’s important not to read too much into this, especially given the low level of housing sales in August of any year, let alone this one. I’m reasonably hopeful that the median house price will go back up in next month’s release. But still, it’s a sobering indication that even the rate of change of house price declines isn’t showing any grounds for hope.

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Academic Economists vs Paulson

A very long list of economists has signed a letter critical of Hank Paulson’s bank bailout plan.

I’m not a huge fan of the Paulson version of the plan myself, but the arguments given in the letter are, I think, pretty weak. There are three grounds on which the letter criticizes the plan:

1) Its fairness. The plan is a subsidy to investors at taxpayers’ expense. Investors who took risks to earn profits must also bear the losses. Not every business failure carries systemic risk. The government can ensure a well-functioning financial industry, able to make new loans to creditworthy borrowers, without bailing out particular investors and institutions whose choices proved unwise.

This starts out well: the government should certainly do its best to ensure that the plan doesn’t unfairly benefit investors. But it’s worth rememering that investors have already taken very large losses, and their investments are now approaching (or even, in some cases, below) the minimum value they would have just so long as the US doesn’t enter a macroeconomic tailspin.

More to the point, the idea that "the government can ensure a well-functioning financial industry… without bailing out particular investors and institutions whose choices proved unwise" — well, that sounds really good until you try to get into specifics. I very much doubt that the signatories to the letter could even begin to agree on any way of doing that, but if they could, it would have been really helpful for them to add a footnote, at least.

To be fair, at least one of the signatories, Luigi Zingales, has come up with a skeleton of such a plan; there are others out there. But most such plans involve hurting bondholders a little and stockholders a lot, and there can be unintended consequences to that, as we saw after Lehman collapsed, such as money-market funds breaking the buck, and a vicious stock-price cycle in what seemed to be otherwise-healthy companies. I’m all in favor of salutary losses for stock investors, but the fact is that there is a vital connection between a bank’s stock price and its ability to lend, which means that it’s not a great idea for all financial companies to go to zero simultaneously.

2) Its ambiguity. Neither the mission of the new agency nor its oversight are clear. If taxpayers are to buy illiquid and opaque assets from troubled sellers, the terms, occasions, and methods of such purchases must be crystal clear ahead of time and carefully monitored afterwards.

Again, this starts out well: the mission and oversight of the new agency must be clear. I’m pretty sure Paulson would agree. But I utterly disagree with the more substantive second part. The bailout plan needs constructive ambiguity, or else it will be gamed.

3) Its long-term effects. If the plan is enacted, its effects will be with us for a generation. For all their recent troubles, America’s dynamic and innovative private capital markets have brought the nation unparalleled prosperity. Fundamentally weakening those markets in order to calm short-run disruptions is desperately short-sighted.

Do you think that we’re living in a country of unparalleled prosperity? I don’t, and a glance at the poverty statistics would I think back me up. The "unparalleled" bit is definitely wrong: I’m sure that all of us can think of quite a few countries which are just as prosperous as the US but which have very little in the way of "dynamic and innovative private capital markets". How about Ireland, say?

Justin Wolfers says that this letter "summarizes what I think of as the emerging consensus from academic economists". I’d note that Ben Bernanke is, by trade, an academic economist — I wonder whether he might have been tempted to sign it had he remained at Princeton rather than moving to the Fed. I hope not.

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The Rehabilitation of Christopher Dodd

The biggest and most pleasant surprise of the past week, for me, has been Chris Dodd. If you had told me a year ago that right now we’d be staring down the worst financial crisis yet, I’d’ve believed you. But if you’d told me that when Hank Paulson took his bailout scheme to an election-year Congress, Chris Dodd would turn out to be the more sober and responsible of the two? I frankly would have scoffed.

Dodd, after all, is the man who, last December, latched onto an odious Goldman Sachs conspiracy theory — one initiated by Ben Stein, of all people — and asked for a formal investigation into the ties between Paulson and Goldman.

But now that he’s given up his improbable presidential bid, Dodd has completely redeemed himself. First he took Paulson’s ill-thought-through bailout plan and made it much more sensible and substantive; what’s more, he did so just in the space of a couple of days. And yesterday, in the hearings, he was talking about the arcana of auction design mechanisms with Ben Bernanke and frankly sounded like he had a clearer view of things than the Fed chairman, whose testimony largely boiled down to "trust us, we’ve got some very clever people working on this".

Rather than (or as well as) hiring academic auction-design experts, said Dodd, why not get the FDIC to do this? After all, they’ve been taking over toxic bank assets and maximizing their value for decades. Seems like a good idea to me: the FDIC is pretty much the one financial regulator which has emerged relatively blameless from this whole crisis.

The result is that the bouffant Washington Senator is widely being described as a missed opportunity for Barack Obama on the VP front, and is even getting 900-word love letters from Moe Tkacik of Gawker. Who’d’a thunk.

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Extra Credit, Tuesday Edition

A nation of morons, led by idiots

Nomura buys Lehman’s Euro assets: "Nomura expects to retain a ‘significant proportion’ of Lehman’s roughly 2,500 employees at the businesses, of which about 1,500 are employed in London."

WaMu’s fate could be sealed over weekend

The Family Foresight Thought Experiment: How can you preserve capital for a hundred years? I’d ask the Rothschilds, they seem to be rather good at it.

About Those Hundreds of Thousands of Lost Laptops at Airports: As ever, if a statistic doesn’t pass the smell test, it’s probably not true.

"No Shorting. Well, Except For You. Ok, You Too, I Guess.": "This, of course, is the problem with hasty rules squeezed off to quiet the rambunctious third graders quickly."

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Why Bulk Mortgage Modifications are a Bad Idea

Matthew Yglesias:

There really is an urgent need to “do something” and also an urgent need to try to make sure we do the right thing. Middle class people are pretty desperately in need of some form of bulk modification of mortgages, a step the financial institutions and their hirelings in the GOP have been blocking for months. In theory, this question is separable from the bailout issue. In practice, the banks’ desire for a bailout provides a key moment leverage and opportunity.

I’m not a fan of this idea. Yes, this is "a key moment leverage and opportunity". But that’s no reason to do something which doesn’t make fundamental sense. And a bulk mod makes very little sense for three main reasons.

  1. We’re in the midst of a major banking crisis, and there’s a reason why a bulk mod has been opposed by the financial institutions: it would cost them a lot of money that they don’t have. Right now, there are too few loan modifications. But a blunderbuss approach where the main qualification for getting a mod is having a mortgage? Would mean far too many. Even a relatively modest bulk mod, in a world where there are $13 trillion of mortgages outstanding, could cause the loss of hundreds of billions of dollars in present value and bank capital.
  2. So you restrict the bulk mod — to people with adjustable-rate mortgages, say, who bought their houses between this date and that date. But you still can’t underwrite these things: it’s a bulk mod. So a bunch of people who can afford the reset payments will end up getting free money off their mortgage payments, and a bunch of people who can’t even afford the lower, initial payments will unhelpfully stave off the inevitable. Both of these groups of people will cause bank losses which we really don’t need right now.

    And of course even an all-mortgages-eligible bulk mod is essentially a transfer from renters to owners, and from people who’ve paid off their mortgage to those who haven’t. The more you narrow it down, the less fair it becomes: billions of dollars will essentially end up being spent on Californians who bought houses they couldn’t afford, rather than the more sensible people across the country who didn’t. This is not good politics, or good policy.

  3. Drafting a bulk mod is really, really hard, given the way in which servicers’ hands are tied. You’re basically violating a whole raft of securitization contracts, and the unintended consequences are bound to be legion. Remember it’s not just banks who own these mortgages: they pop up in MBSs and CDOs held by investors all over the world. It would be much easier to just write checks to homeowners, to help defray their mortgage costs: at least that would be legal. But the politics of that would be even more lethal than the politics of a bulk mod.

There is lots of legislation which would be a really good idea right now. But I’m not a particular fan of even the good-idea legislation (like chapter 13 bankruptcy for homeowners in foreclosure) being stapled on to this bailout bill. Stapling on a rushed and necessarily complex loan-modification bill would be almost certain to end in tears.

Posted in housing | 1 Comment

Beware ETNs, Part 2

Exchange-traded notes come with a monstrous amount of counterparty risk, as investors in Lehman’s ETNs are now discovering:

Holders of Lehman Brothers’ structured products “have the same standing as other Lehman holding company senior, unsecured debt, which is trading at 15 to 20 cents on the dollar,” said Mr. Seitzer, who himself purchased Lehman structured products in July.

This alone makes it very dangerous to buy an ETN: you’re taking a huge amount of counterparty risk and not being paid for it at all. If this had happened a couple of years ago, I might have suggested a monoline wrap to set investors’ fears at rest.

Now? I’d wait for a new structure to come along, one where investors actually own the underlying securities, rather than simply an obligation issued by a bank. Or at the very least buy ETNs only from state-owned banks. There will probably be a few of those, by the time this crisis is over.

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Answers for David Cay Johnston

David Cay Johnston has a long list of questions; let me see if I can provide a few answers.

Ask this question — are the credit markets really about to seize up?

They already have seized up. That’s the problem. All you need to do is look at the TED spread, which is now a whopping 250 basis points.

If they are then lots of business owners should be eager to tell how their bank is calling their 90-day revolving loans, rejecting new loans and demanding more cash on deposit. I called businessmen I know yesterday and not one of them reported such problems. Indeed, Citibank offered yesterday to lend me tens of thousands of dollars on my signature at 2.99 percent, well below the nearly 5 percent inflation rate.

I suspect that 2.99% was a teaser rate on a credit card: a way to get much more money from you further down the line, rather than a profit center in and of itself. Indeed, since Citibank’s own cost of funds is higher than 2.99%, you can be almost positive that’s the case.

As for revolving small-business loans, those are the last things that banks will want to pull. They’re not defaulting, they represent a long and extremely valuable business relationship, and they’re making money day in and day out for the bank. So I’m not sure why you think that banks should be pulling them just because there’s a more general credit crisis.

If the problem is toxic mortgages then how come they are still being offered all over the Internet?

For much the same reason as Citibank is trying to sell you a credit card: the few people still offering them think that they will be profitable at this point, given high enough downpayments, high enough underwriting standards, and high enough fees. They might even be right. It’s the old mortgages which are toxic, not the ones which haven’t even been written yet. But in any case, my guess is that these offers come from small and sleazy mortgage originators who pose little systemic risk and will, if they run into trouble, be allowed to fail.

Why oh why oh why would taxpayers be bailing out banks that are continuing to sell these toxic loans?

They shouldn’t; there’s no particular reason to believe that they will be.

How does the proposal help Joe and Mary Sixpack who can afford their current monthly payment, but not the increased interest rate that has been or soon will take effect?

It doesn’t.

Every day bankers work out loans with customers — so why are taxpayers being asked to act when banks are largely on strike, refusing to negotiate revised deals with many loan customers?

Again, taxpayers aren’t being asked to help out Mr and Mrs Sixpack, who aren’t going to be helped by this particular piece of legislation, beyond the degree to which all US residents will benefit, if it goes right, from a more smoothly functioning financial system. This is a bank bailout, not a homeowner bailout.

As for the question about banks being largely on strike, that’s a separate issue. There are two reasons why it’s hard for them to negotiate revised deals. The first is that they sold and sliced the loans — the servicer you deal with isn’t the owner of the loan, and no one really knows who the owner of the loan is, but the servicer has very little discretion when it comes to loan mods. The second is that servicers are simply overwhelmed: they simply don’t have the staff or the capacity to modify the number of loans that people are bringing them. Neither of these issues is insurmountable, but this is not the issue being addressed by the bailout legislation: you’re asking it to do something quite separate from what it’s designed to do.

How about interviewing small landlords who were drawn into these toxic loans. Are banks negotiating with them? If not it means more foreclosures and renters who had nothing to do with this being evicted. Ask why banks are refusing (landlords I spoke to said they are) to negotiate with small landlords.

See above. This legislation is not, narrowly, designed to prevent foreclosures — it will do so only in a very big-picture way, by stimulating the banking system and the economy. I certainly agree that banks should modify landlords’ loans rather than foreclosing, and that if they do foreclose, they should allow renters to stay in the house rather than evicting. But again, let’s not try and have this legislation be all things to all people: it’s hard enough drafting a simple bank bailout.

What steps are being taken to take back bonuses, fees and other compensation from the folks who got rich selling toxic mortgages and illiquid investments that Secretary Paulsen claims are threatening the whole system.

Which folks did you have in mind? The ones who ran subprime mortgage originators which have now gone bust? It’ll be pretty much impossible to get money back from them. The MBS and CDO desks in investment banks? Most of them have been fired at this point, there’s not much work for them any more. The senior executives at the banks? They’ve seen their net worth plunge along with their share prices. There might be a couple of fat-cats still around whom the government could ask to repay their bonuses. But it would be gesture politics. And what about the people who really made out, like those who were so fortunate that their last surviving parent in Southern California died at the top of the market in early 2006, and that the estate sold the house for three times more than it’s worth now? Should they repay some of their money too?

How will adding $700 billion to the national debt ease strains on the credit markets?

That’s an easy one. The national debt is not part of the credit markets: credit is the spread between risky debt and risk-free debt, where risk-free debt is defined as US government debt. So the size of the national debt has very little effect on credit markets, except for relatively marginal "crowding out" issues which are more than offset by the current flight-to-quality trade.

Do we need a bailout of American and foreign banks? Show us in detail the reasons for this, and the numbers: make the case.

See Brad Setser, for starters. Americans have $13.6 trillion in mortgage debt. That kind of sum doesn’t need to be written down very much before all the capital in the US banking system is wiped out.

Is there a market solution to this? If so, why impose a government solution? If not what does that tell us about our entire economic theory?

I’m not sure what you mean by "a market solution", but if you mean finding $700 billion from any source other than the US government, the answer is no. What does that tell us about our entire economic theory? That the government has a greater ability to raise enormous sums of money in the middle of a crisis than anybody else.

Is there a less expensive solution?

We don’t know how expensive this solution is going to be: for all we know, it might make a profit. Yes, there are less expensive solutions, but they involve wiping out shareholders in financial institutions and often some bondholders too. I’m not saying that’s necessarily a bad thing — I approved of Lehman’s creditors taking a haircut, for instance. But on a systemic level, it could cause much more harm than this bailout.

How do we know this will not just be a downpayment on a much bigger

bailout?

We don’t.

Is there a solution that provides direct help to those who took out these loans, rather than those who sold them?

In practice, no. In theory, yes. The government could just divvy up the $700 billion among people who took out certain mortgages in certain years. That might do the trick, although it probably wouldn’t have much effect on house prices — it would just be a huge transfer to people who bought (or refinanced) at the top of the housing bubble from those who didn’t.

If AIG and others are too big to fail, what does that tell us about government anti-trust policy and regulatory policy and inaction?

About anti-trust policy? Almost nothing. TBTF isn’t the same as being a monopoly. About regulatory policy and inaction? Much more: it was clearly inadequate.

Why have both Goldman Sachs and Morgan Stanley made clear that they want IN on this deal? Get skeptical and ask the basic questions — who benefits, how much and what makes this plan so attractive that Goldman and MS want to participate? Ditto for GE. That they are others want to be included should prompt a great deal of skeptical questioning.

No one has yet submitted any bids, so we’ll see whether Goldman Sachs and Morgan Stanley and GE end up selling assets to the bailout fund in the end. But it makes all the sense in the world for them to want the option of selling. If it doesn’t make sense, they won’t; if it does, they will. That’s better, for them, than being excluded ex ante.

But also I don’t think that Goldman Sachs and Morgan Stanley became banks so that they could participate in this deal — they probably could have gotten themselves added to the list anyway.

How does banning short selling of the stocks of 900 companies help the markets? (The markets are heavily biased toward the sell side, so why constrain the shorts, who often turn out to be right about stocks whose share prices has been artificially inflated.)

You’re right, it doesn’t help the markets, except in that it might (or might not) have helped precipitate a sharp and short stock-market rally on Thursday.

How does banning short selling of this growing list of companies show a commitment to "free markets," a stated goal of this and a long lost of previous administrations?

It doesn’t.

During this short selling ban, why are there no parallel controls on insiders getting out of their positions?

Because it was enacted in a rushed and ill-thought-through manner.

Reporters… Let’s do our job — be skeptical and ask the core questions, not the detailed ones around the edges.

Yes! That is always a good idea.

(HT: Avent, who makes more good points.)

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Does Paulson’s Lie Matter?

Paul Krugman today catches Hank Paulson in a lie (chapter and video and verse at Think Progress). Does this mean that Paulson is Not To Be Trusted? That’s what Krugman thinks:

If Paulson can’t be honest about what he himself sent to Congress — if he not only made an incredible power grab, but is now engaged in black-is-white claims that he didn’t — there is no reason to trust him on anything related to his bailout plan.

It’s quite clear that Paulson (a) originally asked for almost imperial levels of power before (b) appearing before Congress and telling them that actually, in fact, he welcomed their oversight and had wanted it all along.

What explains this? I think that part of it is a simple alpha-politician’s inability to admit to making a mistake. If Paulson had apologised for the no-oversight part of his original proposal, that might have felt like a sign of weakness.

And part too is embedded in the very vagueness of this plan, whose defining element — in both its Paulson and its Dodd flavors — is the extremely broad discretion given to the Treasury secretary in terms of the price at which he buys banks’ troubled assets.

I’m not entirely clear on why such broad discretion is necessary, but at the margin I suppose it will make it a little more likely that the banking system will come out the other side of this crisis in healthy enough shape to be able to drive an economic recovery going forwards. That’s the danger with wiping out banks’ equity and even their subordinated debt, and that’s why it’s a good sign that Goldman is showing signs of being able to raise a lot of capital in this market, even as investors really have very little idea about the degree to which its new status as a bank will affect its leverage ratios and profitability.

In any event, given that the plan in any incarnation gives the Treasury secretary enormous powers and discretion, it’s maybe simply prudent for the Treasury secretary not to admit to making significant mistakes with the plan before it’s even passed into law.

What actually happened? Well, Paulson likes giving himself a bazooka, and so he drafted for himself the biggest bazooka he could muster. When Congress balked at allowing him sole unfettered control over such a large and powerful weapon, he backtracked. That’s politics, it’s nothing to write home about. And neither, frankly, is the slightly clumsy lie that he made in his testimony.

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Markets in Everything, Vegas Edition

Reuters reports:

The Sapphire Pool charges men $30 to $50 admission and is fenced off from the Rio pool, where the women keep their swimsuit tops on.

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Another Knee-Jerk Proposal From Christopher Cox

I’m getting rather annoyed at Christopher Cox. His short-selling ban was a bad idea, but at least it got us through the weekend to a point at which a bailout plan could start taking shape. His work here is done; he should now get out of the way. But no, he’s decided to use his testimony today to rail against the CDS market, of all things.

There is another similar regulatory hole that must be immediately addressed to avoid similar consequences. The $58 trillion notional market in credit default swaps — double the amount outstanding in 2006 — is regulated by no one. Neither the SEC nor any regulator has authority over the CDS market, even to require minimal disclosure to the market. This is an area that our Enforcement Division is focused on using our antifraud authority, even though swaps are not defined as securities, because of concerns that CDS offer outsized incentives to market participants to see an issuer referenced in a CDS default or experience another credit event.

Economically, a CDS buyer is tantamount to a short seller of the bond underlying the CDS. Whereas a person who owns a bond profits when its issuer is in a position to repay the bond, a short seller profits when, among other things, the bond goes into default. Importantly, CDS buyers do not have to own the bond or other debt instrument upon which a CDS contract is based. This means CDS buyers can "naked short" the debt of companies without restriction. This potential for unfettered naked shorting and the lack of regulation in this market are cause for great concern. As the Congress considers fundamental reform of the financial system, I urge you to provide in statute the authority to regulate these products to enhance investor protection and ensure the operation of fair and orderly markets.

Quite aside from the unsavory power-grab aspects of all this, it’s pretty much impossible to think of a worse time for Cox to be calling for such regulatory legislation. We’re in the middle of putting together a $700 billion bailout package here — the last thing we need is the distraction of a debate about derivatives regulation which has been going on at a pretty high level for some years now.

And equating CDS buyers with the demon naked shorters — that’s just irresponsible.

The problem with naked shorting (as opposed to shorting more generally) is that it carries no up-front cost. You don’t need to find a borrow, you don’t need to pay a repo rate, and the only way you can lose money is if the stock price moves against you.

Oh, and it’s illegal.

In the CDS market, the fact that you don’t need to own the underlying security is a feature, not a bug. And when you want to buy protection on a distressed company, boy do you pay for the privilege — not just in bi-annual insurance payments, but also in cash up front. Shorting credit using CDS is much more expensive than shorting any but the most hard-to-borrow stocks — and the worse the credit becomes, the more expensive shorting it gets.

In other words, if you want to drive a stock down using short-selling tactics, that’s much easier and cheaper than trying to drive up credit spreads by buying protection in the CDS market.

And remember too that the CDS market, like any derivatives market, is a zero-sum game. Cox complains of the "significant opportunities that exist for manipulation in the $58 trillion CDS market, which is completely lacking in transparency and completely unregulated" — but it’s very hard to see how buyers of credit protection have manipulated the sellers of credit protection, especially since in the vast majority of cases they’re the same people.

The exception, of course, is the insurance companies. Selling protection is selling insurance, and so the monolines and AIG moved into the business in a very big way. They weren’t hedged: they sold a lot of protection and bought almost none. And they lost a lot of money, on a mark-to-market basis, as a result.

But they’re out of the market now: insurance companies are no longer big sellers of protection, and if you want to buy it you’re going to have to go to someone who’s marking their positions to market daily and dynamically hedging on an intraday basis. And frankly I don’t see a lot of scope for market manipulation there. In any case, insofar as the unregulated nature of the CDS market is a problem — and it is — it’s a problem which is being looked at quite deliberately and carefully by people who really know the market intimately, like Isda and the New York Fed.

The solution, probably, is to try to move the CDS market onto some kind of derivatives exchange, and then have it regulated by the CFTC or its successor. The last thing we need is the SEC blundering in as though it just discovered what was going on here, and writing hurried legislation with all manner of nasty unintended consequences.

After all, the biggest risk of the CDS market is counterparty and settlement risk — not the risk that CDS spreads will be manipulated by evil hedge funds. A lot of that risk has gone away now that AIG and the monolines are no longer taking on asymmetrical CDS exposure, but a lot still remains, and it’s a good idea to regulate it sensibly.

But Cox’s rantings today are a move away from that goal, not a move towards it.

Posted in derivatives, regulation | 4 Comments

Bernanke Gives Up on Reverse Auction Idea

Maybe the bailout won’t be structured as a reverse auction after all. This comes from Ben Bernanke, testifying to Congress today:

"I believe that under the Treasury program, auctions and other mechanisms could be designed that will give the market good information on what the hold-to-maturity price is for a large class of mortgage-related assets. If the Treasury bids for and then buys assets at a price close to the hold to maturity price, there will be substantial benefits," said Bernanke.

Under a reverse auction, Treasury wouldn’t bid at all. It would circulate a list of assets, and then buy them from whichever bank was willing to sell them for the lowest price.

The way Bernanke sees the auction working, however, it’s the other way around: the banks would tender their assets for sale, and then Treasury would put in a bid at what it considers "close to the hold to maturity price".

As Henry Blodget says,

this is a huge boon to banks and will likely hose taxpayers. Why? Because the government will not have time to figure out what the true "hold to maturity" value of these assets is. Instead, it will have to take the word of banks who have every incentive to dump their crap on taxpayers.

Certainly under this system no outside investor would ever want to get involved. This is a bailout pure and simple, with the government paying too much money for banks’ assets. And I don’t like it at all.

I do understand that if the government paid a market-clearing price for the assets, the banks would have to take enormous charges against their capital base, and then be recapitalized. Well, so be it — that’s basically what the Dodd plan has in mind.

Transparency is a good thing. If the aim is to use government money to strengthen banks, then do that directly, by injecting it directly into the capital structure. Don’t do it indirectly, by overpaying for toxic assets.

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How Investment Bankers are Helping Argentina

Amazingly, amidst all the financial-market chaos, there is still old-fashioned shoe-leather investment banking going on, and some of it is very ambitious:

Citigroup Inc., Barclays Plc and Deutsche Bank AG proposed a debt-restructuring plan to Argentina that may help the country raise cash as declining commodity exports curb tax revenue, a government official said.

The proposal aims to get bondholders who refused to participate in Argentina’s 2005 debt renegotiation to swap their defaulted securities and to put up fresh cash to buy new debt, said the official, who asked not to be identified because he isn’t authorized to speak for the administration.

This is an interesting and hopeful turn of events. Argentina has some $20 billion in defaulted debt outstanding — much more, if you compound interest on the debt which hasn’t been paid since 2001. Bondholders had the opportunity, in 2005, to swap their defaulted bonds for new government debt at 30 cents on the dollar; many didn’t, and have been kicking themselves ever since.

At the time, Argentina’s president, Nestor Kirchner, made it clear that if anybody refused the offer, they would get nothing. Now, however, his wife and successor Cristina is changing that tune:

A deal would represent "Argentina’s definitive normalization in the world," Fernandez said in a speech at the Council on Foreign Relations in New York, prompting a rally in Argentine stocks, bonds and currency.

"Whoever owes money should pay their debts, as a general principle," she said.

The interesting thing here is that the proposal is coming from the sell-side, actually doing its job as an intermediary between issuers (Argentina) and investors. The irony is that neither Argentina nor its bond investors have had any nice things to say about investment bankers for years, yet a deal structured by those very bankers looks more likely now than ever.

From the Argentine point of view, accepting the deal will mean working closely with Citigroup — the bank which, more than any other, was (unfairly) blamed for the Argentine financial crisis. The investors, meanwhile, will have to deal with Barclays — which was responsible for the initial cram-down deal, and whose senior executives managed to annoy virtually all emerging-market bond investors with their pro-Argentine rhetoric back in 2004 and 2005.

The one group still not playing ball is the group of vulturish hedge-funds calling themselves American Task Force Argentina. They claim that any bond exchange on worse terms than the original, in 2005, will never be taken up. They’re lying. The banks are right: a deal offering something, as opposed to no deal at all, would actually be taken up by at least half of the remaining holdouts. And Argentina, at that point, would be well on the way to regaining entry to the international capital markets.

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Can Hank Paulson Lead?

I’m not particularly fluent in the language of political theater, but I get two clear messages from today’s testimony. Paulson is the grown-up, telling Congress what to do: I need literally unimaginable sums of money, he’s saying, because everything we’ve tried so far hasn’t worked, and when your bazooka fails, it’s time to start packing a rocket-launcher. And Bernanke is the poodle, basically pointing to Paulson and saying "what he said" — following by example, you might say.

I have no idea whether this is the best way to get Congress to fall in line. This, for me, is the key part of Bernanke’s testimony:

Despite the efforts of the Federal Reserve, the Treasury, and other agencies, global financial markets remain under extraordinary stress. Action by the Congress is urgently required to stabilize the situation and avert what otherwise could be very serious consequences for our financial markets and for our economy.

Translation: This is no time for Constitutional checks and balances: we all need to give up our cherished independence and support one leader in this time of crisis. And that leader must be Hank Paulson. I’ve done it; you should too.

The problem is that legislators, with good reason, tend to get brushed the wrong way when they’re told that they’re not in charge. They’re the only elected officials in the room, and Paulson himself admits in his testimony that the actions of unelected technocrats have been woefully insufficient thus far.

As we’ve worked through this period of market turmoil, we have acted on a case-by-case basis… These steps have been necessary but not sufficient.

More is needed.

This sounds very much like "something must be done, this is something, so support me in doing it". It’s a risky tack to take, especially in an election year when politicians like to show themselves to be leaders, rather than the followers of unelected officials whose policies to date have clearly failed.

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Extra Credit, Monday Edition

Dodd Proposes Giving U.S. Equity Stake for Bad Debt: Dodd’s alternative to the Paulson plan.

A matched preferred stock plan for government assistance: Calomiris’s alternative to the Paulson plan.

Emerging market divergence: The long-debt short-equity trade unwinds.

That Costs What?!? (Cafeteria): The negative volume discount: ordering vodka by the bottle is more expensive than ordering it by the glass.

Charlie Gasparino Leaves The Greatest Voicemail(s) OF ALL TIME: Which are actually quite tame, by Gasparino standards.

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Financial One-Liner of the Day

As shared with David Altig:

"The problem with financial institution balance sheets is that on the left hand side nothing is right and on the right hand side nothing is left."

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The End of the Chaos Trade

Nassim Taleb famously made his (first) fortune in the stock-market crash of 1987, and went on to an entire career based on using the derivatives market to bet on "black swan" events. Which raises the obvious question: what if the black swan event involves the collapse of the derivatives market?

Andrew Lahde is clearly thinking along such lines:

The best-performing hedge fund manager of the past two years has closed down his funds and is returning money to investors after concluding that the danger of losing money from a bank collapse is too high.

Andrew Lahde, founder of California’s Lahde Capital, told investors last week that further credit problems – the basis of his profits – were likely but the reliance of the bet on bank counterparties made it too risky.

The move by Mr Lahde, who returned 870 per cent last year in one fund betting against subprime mortgages, and was at one point up more than 1,000 per cent, underscores the threat that is posed to hedge funds by bank failures.

I wonder what happened to all those Bear Stearns traders who put on the famous "chaos trade". If they put on a similar position at hedge fund somewhere, they will have surely made many millions of dollars in the past few weeks. But at some point it pays to cash in your winnings, before they, too, get eaten by the chaos.

Interestingly, if they needed a nudge to unwind their trades, the short-selling ban was surely it. I love the irony: Christopher Cox, Friend of Shorts. He gives them all the incentive they need to take their profits!

(HT: Alea)

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Abstract of the Day, Ponzi Scheme Edition

The Optimal Design of Ponzi Schemes in Finite Economies, by

Utpal Bhattacharya, in the Journal of Financial Intermediation, January 2003:

As no rational agent would be willing to take part in the last round in a finite economy, it is difficult to design Ponzi schemes that are certain to explode. This paper argues that if agents correctly believe in the possibility of a partial bailout when a gigantic Ponzi scheme collapses, and they recognize that a bailout is tantamount to a redistribution of wealth from non-participants to participants, it may be rational for agents to participate, even if they know that it is the last round. We model a political economy where an unscrupulous profit-maximizing promoter can design gigantic Ponzi schemes to cynically exploit this "too big to fail" doctrine.

Bhattacharya’s proof works only where more than half the population takes part, and although the credit bubble looked very Minsky-ish, it never included the levels of outright fraud necessary for a true Ponzi scheme. Still, Bhattacharya’s paper is definitely more relevant today than it was when it was first published.

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The Goldman U-Turn

David Viniar, September 16:

Bank deposits can basically be used to fund the business of the bank, what a bank does, largely not the capital markets businesses that we are in. And so I think the answer is there would be some small portion of our business that would probably be able to be funded by bank deposits, but most of the business that we’re in could not be funded by banks…

we have some of them, we use them where we can but it doesn’t fit with most of our business model.

Goldman Sachs press release, September 21:

We intend to grow our deposit base through acquisitions and organically.

David Viniar:

We’ve never been regulated. We’ve never operated a bank and it’s not something we’re an expert at…

We think that the business model that we have right now is working quite well and that our performance is good… it is about the performance of the company and the model that we are in has helped us and allowed us to perform as well as we have and we’d like to continue that.

Goldman Sachs press release:

In recent weeks, particularly in view of market developments, Goldman Sachs has discussed with the Federal Reserve our intention to be regulated as a Bank Holding Company… We view regulation by the Federal Reserve Board as appropriate and in the best interests of protecting and growing our franchise across our diverse range of businesses…

Goldman Sachs already has two active deposit taking institutions – Goldman Sachs Bank USA and Goldman Sachs Bank Europe PLC – which, together, hold more than $20 billion in customer deposits. We are moving assets from a number of strategic businesses, including our lending businesses, into GS Bank USA. With over $150 billion in assets, GS Bank USA will be one of the ten largest banks in the United States.

In other words, Goldman isn’t just acceding to Fed oversight, it’s actively shopping for commercial banks to buy. Retail banking is not something they were expert at last week, but evidently things have changed.

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