15 December 2008

A Brief History of the Greatest Financial Fraud in History


It is essential to realize and remember that this is no accident, no unhappy confluence of disparate elements that just happened to come together.

This was a deliberate and methodical attempt to overturn long standing regulations and safeguards to recreate the banking conditions that helped to create the bubble economy of the 1920's.

The purpose was to allow the inordinate increase in wealth of a few greedy individuals driven by a rapacious will to power.

They did not care what havoc they wreaked on the rest of the world in the process. We have been here before when certain personality types have been able to hijack a society. Sometimes it is financial, at other times criminal, and too often political, with even an occasional coup d'etat.

Laws exist to protect society from the actions of aberrant personalities. It does not shock us when they wield a gun. Why then does it surprise us when they utilize a pen, a glib personal patina, a reckless disregard for others, and a persistent, amoral cunning?

The strength of the professional conman is that emotions do not cloud the force of their actions because they have long since ceased to listen to their conscience. And this is their weakness because, dulled by excess, their judgement allows them to go too far. Thereby they expose their unbridled greed and undermine their schemes, which operate best behind closed doors and under cover of darkness. Transparency and the light of exposure are their enemies.

Until there is reform and a restoration of justice there will be no sustained and genuine recovery.

PBS Frontline: The Long Demise of Glass-Steagall


Fear and Loathing in Financial Products
Banking on Steriods
By Satyajit Das
December 15, 2008

Earlier in 2008, CitiGroup announced that it was seeking Board members who had “expertise in finance and investments”. What was the experience and expertise of the Citi Board and senior management that has registered over US$50 billion in losses? Shareholders and taxpayers, that have provided over billions in new capital, will be hoping that the new recruits also possess “magic” to restore Citi’s fortunes. The same applies to the banking sector generally.

Until the late 1970s/ early 1980s, banking was highly regulated. It was the world of George Bailey (played by Jimmy Stewart) in It’s A Wonderful Life. Community banking was the rule. The banker could dip into his “honeymoon money” to stave of a potential bank run. It also fueled jokes - the “3-6-3” rule; borrow at 3%; lend at 6%; hit the golf course at 3 p.m.

Once de-regulated, banks evolved into complex organisations providing varied financial services. De-regulation brought benefits for the economy (better access to capital and more varied investment opportunities) and the banks (growth and higher profits).

Over the last 15 years, increased competition (within the industry and increasingly from non-banking institutions) and the reduction of earning from the commoditisation of products forced banks to rely on “voodoo banking” - performance enhancement to boost returns
.

Traditionally banks made loans that tied up their capital for long periods e.g. up to 25/30 years in a mortgage. In the new “originate to distribute” model, banks “underwrote” the loan, “warehoused” it on balance sheet for a short time and then parceled them up with other loans and created securities that could be sold to investors (“securitisation”). The bank tied up capital for a short time (until the loans were sold off) and then the same capital could be reused and the process repeated. Interest earnings over the life of the loan could be discounted back and recognised immediately. Banks increased the “velocity of capital” – effectively sweating the same capital harder to increase returns.

In the traditional model, banks earned the net interest rate margin over the life of the loan – “annuity” income. When loan assets are sold off and the earnings recognised up-front, banks need to make new loans to be sold off to maintain earnings. This created pressure on banks to find “new” borrowers. Initially, creditworthy borrowers without access to credit in the regulated banking environment entered the market. Over time, banks were forced to “innovate” to maintain lending volumes.

Banks created substantial new markets for borrowing: ? Retail clients – expanding traditional lending (housing and car finance) and developing new credit facilities (credit cards and home equity loans). ? Private equity – providing borrowings in leveraged buyouts and sundry other highly leveraged transactions. ? Hedge funds/ private investors – providing (often) high levels of debt against the value of assets.

Banks increasingly also out sourced the origination of the loans to brokers, incentivised by large “upfront” fees.

The expansion in debt provision relied increasingly on quantitative models for assessing risk. It also relied on collateral - the borrower put up a portion of the price of the asset and agreed to cover any fall in value with additional cash cover.

The model allowed banks to expand the quantum of loans and allowed extension of credit to lower rated borrowers. Banks did not plan to hold the loan long term and were only exposed to “underwriting” risk in the period before the loans were sold off. Where the loan was collateralised, the value of the asset and the agreement to “top up” the collateral where the asset value fell was considered to provide ample protection.

Favorable regulatory rules (the capital required was modest), optimistic views of market liquidity and faith in models underpinned this growth in lending.

Banks also increased their trading activities, especially in derivatives and other financial products.
Initially, this was targeted at companies and investors seeking to manage financial risk. Over time it increasingly focused on creating risk allowing investors to increase returns and companies to lower borrowing costs or improve currency rates. As profits margins eroded, banks created ever more complex exotic products, usually incorporating derivatives. Derivatives also increasingly became a way to provide additional leverage to customers.

The development of hedge funds was especially important. They borrowed money (against securities offered as collateral) and were extensive users of derivatives. They also traded frequently and aggressively boosting volumes. Prime broking services (bundling settlement, clearing, financial and capital raising) emerged as a major source of earnings for some banks.

Banks also increased their own risk taking. Traditionally, banks took little or no risk other than credit risk. Over time, banks increasingly assumed market risk and investment risk. Originally, banks traded financial products primarily as “agents” standing between two closely matched counterparties. Over time banks became principals in order to provide clients with better, more immediate execution and also increase profit margins. (This is the model that existed in 1929 and which was prohibited by Glass-Steagall which the banks worked tirelessly to overturn led by Sandy Weill of Citigroup at the head of an army of lobbyists according to the PBS documentary. There were similar operation in the 1920's although the history has been painted over and buried more thoroughly over time - Jesse)

Increased risk taking was also dictated by business contingencies. Advisory mandates (mergers and acquisition; corporate finance work) were conditional on extension of credit. Banks increasingly “seeded” or invested in hedge funds to gain preferential access to business.

Clients often sought “alignment” of interests requiring banks to take risk positions in transactions. This evolved into the “principal” business as banks increasingly made high risk investment in transactions. In some banks, this evolved into a model where the bank acted purely as “principal” rolling back the clock to the days of J.P. Morgan. Banks convinced themselves of the strategy on the basis that the risks were acceptable (it was their deal after all!), the risk could be always sold off at a price (market were liquid) and (the real reason) high returns.

Enhanced revenues (growing volumes and increasing risk) were augmented by increased leverage and adroit capital management. “Regulatory arbitrage” evolved into a business model. Required risk capital was reduced by creating the “shadow” banking system – a complex network of off balance sheet vehicle and hedge funds. Risk was transferred into the “unregulated” shadow banking system. The strategies exploited bank capital rules. Some or all of the real risk remained indirectly with the originating bank.

Banks reduced “real” equity – common shares – by substituting creative hybrid capital instruments that reduced the cost of capital. The structures generally used high income to attract investors, especially retail investors, while disguising the (less obvious) equity price risk. In some cases, banks used these new forms of capital to repurchase shares to boost returns. For example, CitiGroup repurchased US$12.8 billion of its shares in 2005 and an additional US$7 billion in 2006.

Banks increasingly “hollowed out” capital and liquidity reserves – that is, they reduced these to minimum levels. Concepts of “purchased” capital and “purchased” liquidity gained in popularity. The theory was that banks did not need to hold equity and cash buffers as these items could always be purchased in the market at a price.

Bank profits in recent history were driven by rapid and large growth in lending, trading revenues and increased risk taking. Banking returns were underwritten by an extremely favourable economic environment (a long period of relatively uninterrupted expansion, low inflation, low interest rates and the “dividends” from the end of communism and growth in international trade). (The cooperation of the Federal Reserve in the person of Alan Greenspan was integral and essential. He was somehow persuaded into relinquishing his fiduciary responsibilities - Jesse)

Bankers would argue that the source of higher returns was “innovation”. John Kenneth Galbraith, in A Short History of Financial Euphoria, noted that: “ Financial operations do not lend themselves to innovation. What is recurrently so described and celebrated is, without exception, a small variation on an established design . . . The world of finance hails the invention of the wheel over and over again, often in a slightly more unstable version.” (This was no accident, a small knot of bankers with a good understanding of financial history hijacked the US financial system and the real economy to enrich themselves, fabulously, beyond all normal human need - Jesse)

Elite athletes often use performance enhancement drugs to boost performance. Voodoo banking operated similarly enabling banks to enhance short-term performance whilst risking longer-term damage.

Satyajit Das is a risk consultant and author of Traders, Guns & Money: Knowns and Unknowns in the Dazzling World of Derivatives (2006, FT-Prentice Hall).

Here Comes a Second Wave of Defaults and Losses


Incoming.

HousingWire
Fitch: Alt-A Mortgages Deteriorating More Rapidly than Expected
By PAUL JACKSON
December 15, 2008

Citing “a rapid deterioration of U.S. Alt-A RMBS performance,” Fitch Ratings again took the hatchet to its previous assumptions for Alt-A mortgages on Monday morning, revising its surveillance methodology and updating loss projections for all U.S. Alt-A RMBS.

Fitch said it now expects losses on all Alt-A collateral to far exceed the estimates of its ‘moderate stress’ scenario in its late ratings update earlier this year. “Market developments, ongoing home-price declines and loan performance trends in the Alt-A sector over the prior six months have effectively eliminated the possibility of this stress scenario,” said Fitch in a statement.

The rating agency said it now expects average cumulative losses om 2005, 2006 and 2007 vintage Alt-A transactions to hit 2.72, 6.78 and 9.58 percent, respectively, up dramatically from expectations at the agency earlier this year.

Fitch cited a “rapid increase in 60+ day delinquencies experienced over the past six months,” despite servicers’ collective efforts to hold off on actual foreclosure sales — likely implying that a halt to foreclosures is having little effect in resolving borrower delinquencies. Between May and October 2008, Fitch said that 60+ day delinquencies for the 2007 vintage increased from 8.80 percent to 14.65 percent; 2006 and 2005 vintages also experienced steep increases rising from 10.30 percent to 14.24 percent and 6.57 percent to 8.79 percent, respectively.

While delinquencies are continuing to pile up, cumulative losses are not — at least, not yet.. “The small increase in cumulative losses relative to the rising level of 60+ day delinquencies reflects, in part, the lengthening foreclosure/liquidation timeline being experienced throughout all vintages,” analysts at the agency wrote.

All of which means that it’s time to get ready for a whole new slew of downgrades to Alt-A in the coming few weeks. Fitch warned in its note Monday that it expects that it will downgrade many senior bonds to below investment grade — just in time for fourth quarter earnings.


Rogue Nation


Explanations of significant losses at investment firms are often attributed to rogue traders. These are traders who have schemed to defeat security measures. These rogues extended their trading portfolios credit exposure far beyond the limits of compliance, racking up substantial losses to be taken, if not risking the actual solvency of their firms. If they do not incur losses they are often not discovered. It is the losses that precipitate the collapse.

Nick Leeson of Barings, Toshihide Iguchi of Resona Holdings, Yashuo Hamanaka at Sumitomo, John Rusnak at Allied Irish Banks, Luke Duffy of Australia National, Chen Jiulin of China Aviation, and Jérôme Kerviel with Société Générale are examples of rogue traders operating since 1995 with combined losses of approximately $12 billion disclosed.

All of them together cannot begin to match one of the great Ponzi schemes in history. This was recently disclosed to be the work of Bernard Madoff, a highly respected executive and former chairman of the NASDAQ, who was apprehended when he confessed to losses of $50 billions.

Not all of his investors were innocents. His returns were literally too good and too mysterious to be true. Many thought that Madoff was trading on insider information or some other fraudulent scheme that was cheating the 'little people.' They did not realize it was they who were being cheated. It is the basic principle of a confidence scheme that you rely on naivete, or the greed and moral indifference of your victims.

The SEC was well aware of problems at Madoff from whistleblowers, and even a cursory examination of the fund's holdings would have exposed the fraud. The SEC was routinely blind to outrageous excesses on Wall Street in the past fifteen years because of the cult of deregulation and chronic underfunding from a Congress in the grip of lobbyists.

In a fraud this large, when it seems as though all those in the know are getting paid, people ignore it when they see it, discourage disclosures, and go along to get along. There is no better example of this on a private scale than the mortgage market in the US where fraudulent valuations and organized collusion were rampant among the banks, appraisers, title companies, the government agencies, Wall Street, and government regulators.

Is there a correlation between rogue traders and market bubbles? History seems to suggest that there is. Yet there are rogue traders every so often even in less ebullient times, but those tend to be isolated and specifically related to secular market innovations such as leveraged buyouts.

In a general monetary bubble rapid and steadily rising asset prices make compliance lax, trading stories that would otherwise be suspect believable, and of course when the money is flowing everyone is getting paid, so there is an atmosphere of general easiness, laissez-faire, and corruption.

Are we near the end of this? Is Bernard Madoff the ultimate rogue trader, the maestro of pyramid schemes, of well-heeled deception?

The status quo likes to blame a 'rogue' because it makes it seem as though the system itself is fundamentally sound. A clever individual acting alone has managed to outsmart the system and find some loophole to exploit until they are caught and exposed. This is a story to maintain confidence in the institution. It promotes unexamined, non-critical trust in the full faith and credit of a system that permits fraud to exist and flourish.

Sadly, this is not the end of the revelations, write-downs and losses.

Bernard Madoff was exposed because declining prices crippled the mechanism of his fraud, as they always do. To his detriment he was not an integral segment of the banking system. If he had been, he might have merely been declared insolvent, retained his honor and his bonuses, been backstopped by the NY Fed, and put into an arranged merger.

Bernie Madoff's mistake was in not incorporating his fraud on a broader scale. He operated on a relatively specialized area of turf in Palm Beach and New York, with collateral damage to the usual suspects on the international stage who are always willing to buy mislabeled American risk.

We believe that there are much greater deceptions being covered up now as we speak, not involving individuals so much as entire companies who have engaged in wanton accounting and securities fraud for the past twenty years.

The losses will eventually top 15 trillion dollars worldwide, and threaten to plunge the world economy into a serious economic dislocation.

Where will the losses come from that will break down the rest of the Ponzi schemes?

History informs us that most of the perpetrators will never be prosecuted, and even though exposed will eventually once again become respected members of society. This is how it was after the Crash of 1929.

The reason for this is that the frauds cut so deeply into the establishment and so far and wide beyond the financial system into the government that they are literally too big to jail.

Indeed, we are already see many of the characters who helped to set this credit bubble rolling in the 1990's coming back into government service with the new 'reform' administration.

The last bubble to fail that will expose these remaining Ponzi schemese is the US dollar and the Treasury bonds. They are the products of a nation that has been overtaken by a rogue culture of sociopaths and swindlers.

Bernie Madoff was no rogue trader. He was successful for as long as he was because he blended in, he was one of the crowd, he was an independent player within the greatest financial swindle in history, the US financial markets and ultimately the US dollar.

Experience suggests that you will ignore this warning, wishing to think of yourself as an insider. After all, it is the weak, the naive, the unsuspecting, the under-developed, the unsophisticated others that are the victims, and indeed they are. After all, what can stop this? The returns are so good, and have been paid steadily for so many years. And you are among the smart ones, the elect.

The endgame will come and strike the astonished like lightning.

You will not realize what has happened until you wake up one day and the accounts are empty, the returns cannot be paid, the promises are proven false, and the principal is gone.

And you will be facing the teeth of the storm with pockets full of empty promises and worthless paper, and no one will be able or willing to help.

And those responsible will say that you were lazy and foolish, and need to be smarter and work harder like them. Those who you imagined were shepherds will be revealed as ravening wolves.

How do we know this? It is already happening again.

14 December 2008

Goldman and Morgan Set to Hit the Street with Losses this Week


Since a significant portion of the anticipated losses will be coming from writedowns in commercial real estate the projected reports are probably difficult to make with accuracy. The Banks have a great deal of accounting discretion, and it is probably tied to their tax and public relations strategy among other things.

As you may recall, there was quite a fuss when it was reported that Goldman was setting aside $7 billion of its $10 billion in TARP money to be paid out in bonuses this month. To put it into perspective, those bonuses are about half of the money required to put some health into the US automotive sector.

Goldman and Morgan have been paying more attention to the outrage in the public and the Congress since then, but they are still on a heady Masters-of-the-Universe fast track.


UK Telegraph
Goldman faces $2bn loss – its first since 1929
By Simon Evans
Sunday, 14 December 2008

As the banking giant prepares to unveil shock figures, Morgan Stanley braces itself to add its own bad news

Goldman Sachs, the US investment bank, is this week expected to post its first loss since the Wall Street crash of 1929 when it unveils full-year results on Tuesday.

In the week when many Square Mile bank staff find out if they have scooped a bonus this year, Morgan Stanley is expected to complete a miserable Christmas picture when it also reports a loss, one day later.

Alex Potter, banking analyst at stockbroker Collins Stewart, said: "For these two remaining November year-end reporters, the past three months will have been pivotal to their year as well as to the 2009 outlook. This period encompassed the Lehman failure, as well as the nationalisations of Fannie Mae, Freddie Mac and AIG."

Analysts expect Goldman to say that it lost close to $2bn (£1.4bn) in the last quarter of 2008, compared to a $3.18bn profit during the same period last year.

Big losses are expected at the bank's proprietary property arm, Whitehall, which owns, among other investments, New York's Rockefeller Center. Sources suggest that Goldman will reveal writedowns of more than $2bn on the fund.

Big losses are also believed to have been recorded in its key principal investments portfolio, with some estimates suggesting they could come in as high as $3.5bn.

Goldman laid off 250 staff in Europe last week, the majority of the cuts coming at its London offices in Fleet Street, as part of a drive to slash the group's headcount by 10 per cent.

Morgan Stanley is expected to post only its second loss since it went public in 1986 – around $300m for the fourth quarter is forecast – although some estimates suggest that figure could be as high as $900m.

The ratings agency Standard and Poor's has estimated that Morgan Stanley owns $7.7bn of commercial real estate loan assets – none of which has been written down.

Morgan Stanley's numbers will come days after Bank of America's chief executive, Ken Lewis, revealed that the bank, which snapped up ailing rival Merrill Lynch earlier in the year, is looking to lay off as many as 35,000 jobs in the next three years. It is anticipated that the move will save as much as $7bn.