While the media still fret about subprime loans, Asset Backed Securities and the Paulson bailout, the real monsters slowly creep into the public view.
Frequent MoA readers will know these monsters. Jérôme warned here about Credit Default Swaps in April 2005. In April 2006 I posted on European ‘financial war gaming’ of large defaults involving these. My April 2008 piece on The Problem with Credit Default Swaps ended with the line:
Compared to what will happen in the CDS markets, the losses in subprime mortgages will look like small change.
So: ‘Who could have know … ‘?
Yesterday New York state governor David Patterson announced that he will start to regulate certain Credit Default Swaps:
Under Paterson’s plan, the New York State
Insurance Department would require entities selling credit-default
swaps to bondholders to show they can actually pay the claims if there
is a default. The new guidelines will become effective in January.
…
Credit-default swaps, which are traded between banks, hedge funds,
insurers and other investors, are financial instruments based on bonds
and loans that are used to speculate on a company’s ability to repay
debt or to hedge against losses.They pay the buyer face value in exchange for the underlying
securities or the cash equivalent should the borrower fail to adhere to
its debt agreements. The market has grown 100-fold over the past seven years to cover $62 trillion of debt, or more bonds than there are outstanding.
New York State regulation would only cover a fifth of only one certain type of CDS originated in the United States.
At today’s hearing in Congress SEC Chairman Cox, suddenly found his socialist soul and asked for authority to regulate CDS’. Cox, fox, hen house. Barndoor – closing.
But Cox still does not want real regulation for CDS’. The only
reason why he comes up with this is because his friends at Wall Street,
who created these instruments and prevented their regulation in the
first place, may now see them used against themselves:
Swaps
linked to firms including Goldman Sachs Group Inc. and Morgan Stanley
climbed to records last week, with increases preceding or mirroring
drops in stock prices.
…
Cox today said investors who buy
swaps without owning the underlying debt may be similar to naked short
sellers who sell stocks they don’t own or borrow. Such short sales can
flood the market and illegally drive down stocks.
(Side
question: Since when is it ‘illegal’ to expect the price of an asset to
sink and to act on that expectation to make some gain?)
There are three problems with regulating Credit Default Swaps.
- The existing CDS are a myriad of individual private contracts
that are not standardized at all. It will be impossible to get these
contracts under any sensible regulation in a decent time-frame as they
all include different legal language, are based on various specials
underlying products and have each dozens of special conditions attached
to them. - The complexity of the existing CDS is is also the reason why any
attempt now to create a clearing house for such contracts, as the Fed
has suggested, will not work. - In a global financial system only world-wide can be effective.
The existing CDS bubble WILL bust before any regulation can be in place.
The only solution do get these toxic CDS’ out of the system without bringing down half or more of the financial world is to declare all existing CDS null and void.
After that world-wide regulation for CDS and comparable derivatives must be established.
During last years spring and summer German chancellor Merkel tried
to get the CDS regulation issue on the G8 agenda but the move was
rejected by the U.S. and the UK. Both countries better not expect help
from Merkel when this bubble blows up.
Former German chancellor Schmidt recently suggested to let the IMF
draft world-wide regulation for CDS’ and related ‘products’ as it is
somewhat neutral and has a lot of international specialist, but
currently rather little to do.
The CDS bubble is an imminent danger and it is still growing by the day. It is too late to regulate it away. There is either this solution or a financial meltdown.