Moon of Alabama Brecht quote
September 23, 2008
On Regulating Credit Default Swaps

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.

Comments

I would also ban currency trading. It’s big and non standardized, and I don’t understand it.

Posted by: Henny Penny | Sep 23 2008 17:30 utc | 1

I think you should also ban insurance, since it clearly encourages car accidents. And options trading, since it creates volatility.
No running in the hall, you kids!!

Posted by: The Masked Regulator | Sep 23 2008 17:33 utc | 2

In other financial news, mattress companies report an uptick in orders for king size mattresses, with goodly amounts of the stuffing removed.
Customers say they have other stuff to put in there.

Posted by: Antifa | Sep 23 2008 17:41 utc | 3

you misread antifa
we have to go to the matresses as clemenza & clan were obliged to

Posted by: remembereringgiap | Sep 23 2008 17:44 utc | 4

Ute Lemper sings it

Posted by: catlady | Sep 23 2008 17:57 utc | 5

And the bulk of the chattering class will continue to convince people that in fact, water isn’t wet.

Posted by: Ben | Sep 23 2008 18:33 utc | 6

another certainty, the democrats will bend over, as is their custom & take it wherever the republicans shove it

Posted by: remembereringgiap | Sep 23 2008 18:49 utc | 7

Mortgages are the least of our problems. Think CDSs
http://debtonation.org/2008/09/mortgages-are-the-least-of-ou
r-problems-think-cdss/

Posted by: johnf | Sep 23 2008 18:57 utc | 8

@johnf – did you read my post before plugging that URL?

Posted by: b | Sep 23 2008 19:16 utc | 9

Reuters Global News blog: “I told you so!” Merkel tells U.S., Britain

German Chancellor Angela Merkel sent a clear “I told you so!” to the United States and Britain at the weekend, criticising them in unusually frank terms for resisting measures that might have contained the current financial crisis. The conservative leader of Europe’s largest economy reminded her partners that she had pushed for steps to boost the transparency of hedge funds during Germany’s presidency of the Group of Eight last year. ”We got things moving, but we didn’t get enough support, especially in the United States and Britain,” she told the Muenchner Merkur newspaper.

Hey, I do not like Merkel in any way and it was less her issue than the finance ministers who is a social-democrat. But she has a point. There were several bigger countries fighting the USuk free market scam and they will not join the bailout with any meaningful money.
(Which doesn’t mean that they, and Germany especially, will run into problems too.)

Posted by: b | Sep 23 2008 19:35 utc | 10

Enlightening post as usual B. You said, “It is too late to regulate it away.” in reference to this CDS bubble.
Here’s a question I have had for some time now, and I figured that the arrival of the crash was a good time to ask it (again). Everybody is naturally chattering about ways by which the economy, the money system, can be saved. It is evident to me that it can’t, and that assumption is based on things like Paulsen’s $700b plan, shown to be more govt b**lsheit, and negative reaction to it by a number of diverse parties who expect to further enrich themselves via the old model.
Point is, time has finally come to switch to another model, as this one has proven unworkable. No, I can’t suggest a better one but I haven’t yet seen anyone who can.
Granted, the above is somewhat cloudy and unfocused.

Posted by: rapt | Sep 23 2008 19:57 utc | 11

I found this interesting…
http://www.marginalrevolution.com/marginalrevolution/2008/09/credit-default.html
Credit default swap fact of the day
…the CDS [credit default swap] positions of large US banks during 2001–06 grew at an average compounding annual rate of over 80%.
That’s from a very good paper by Darrell Duffie. There is more:
Of all 5,700 banks reporting to the US Federal Reserve System, however, only about 40 showed CDS trading activity and three banks – JP Morgan Chase, Citigroup and Bank of America – accounted for most of that activity.

Posted by: steb | Sep 23 2008 20:47 utc | 12

As one of your less astute but devoted readers, I rarely comment. But I have to ask. How does 250 billion (+ or – 100 billion) of subprime debt become inflated to over 65 trillion? Who was supposed to pay this 65 trillion? Who has been paying?
Did everyone who traded know that the Emperor had no clothes? Did they not know the value of what they were trading was an impossible amount of money? Or did no one compare their books?
I don’t understand the mindset behind this incredible fraud. From my limited understanding, it seems like a joke. Wall Street was playing for years with monopoly money? Were they laughing?

Posted by: christiana | Sep 23 2008 21:33 utc | 13

@11
There is no need to imagine a system because the new system is already in operation. What the Treasury and the Federal Reserve are doing is creating a system where money is simply a manifestation of power. The consequences of this new system, not really the consequences, but the characteristics themselves, will develop continuously becoming more and more explicit and eventually everybody will believe that the new system is the natural condition of society. The new system may end up in destruction but that fact does not mean that a new financial system is not being created. This is somewhat abstract but encapsulates the process at hand.

Posted by: jlcg | Sep 23 2008 22:04 utc | 14

Christina@13
For a thorough explanation of how the over the counter swaps market has metastasized, check out Michael Hudson’s latest at Counterpunch –
http://www.counterpunch.org/hudson09202008.html
His summary –

America has entered into a new war – a War to Save Computerized Derivative Traders. Like the Iraq war, it is based largely on fictions and entered into under seeming emergency conditions – to which the solution has little relation to the underlying cause of the problems. On financial security grounds the government is to make good on the collateralized debt obligations packaged (CDOs) that Warren Buffett has called “weapons of mass financial destruction.”

Posted by: Bruce F | Sep 23 2008 23:13 utc | 15

I don’t know if this will work but my friend was at the senate hearings. She’s holding the “Fail” sign.
[img]http://afp.google.com/media/ALeqM5gnoU9cn5Hfx_nS2teKiTcm5LcqnQ?size=m[/img]

Posted by: steb | Sep 23 2008 23:21 utc | 16

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.

Oh, really? Is this the same IMF that has worked tirelessly to impoversh country after country and take away any possible safety nets from the poor of the world under the murderous market fundamentalism of “structural adjustment?” Just because this arm of the elite is international (Western) in scope, and is more interested in class warfare than nationalism, is hardly reason to term them “somewhat neutral.” Perhaps that neutrality of effect accounts for the fact that the nations of South America have — after painful experience — shunned the IMF, and they now have little to do — that is, until they impose structural adjustment on the U.S.
Ranks right up there with the idea of demolishing useful housing stock because it might only last 40 years instead of a hundred (as if the world had endless resources to trash) in order to prop up the cost of housing at unsustainable multiples of peoples’ take-home pay, thereby enslaving them to the most unsustainable and violent parts of the cash economy in order to put a roof over their head.
A large picture is best as the sustainability of the world is the true canvas.

Posted by: Incredulous | Sep 23 2008 23:56 utc | 17

Good discussion of the CDS shenanigans here :
http://www.dailykos.com/story/2008/9/23/133349/153/556/607628
The general theme is that the whole Ponzi scheme – starting from subprime – was known to guarantee to fail, but was pushed ahead on purpose so that giant CDS bets could be placed on this failure.
Amazing stuff. And they want us to bail them out?

Posted by: gordon | Sep 24 2008 4:24 utc | 18

Word for the week: “It isn’t just optics and good politics.” WTF?
Word for the year: “There is a need for market-value housing.” WTF?
Word for the epoch: “The creation of a Section 8 Finance Tsar.” WTF?
With 3Q actuals closing in just 7 days, and only one more shopping weekend before El Blowout en Bushistan, wouldn’t now be a good time to go long on Costco and WalMart? They’re already out of silver and gold bullion and coins, and out of gas in two cities, “Oh, the lines, the lines!”

A Thousand Points of Light
Scranton Times Tribune
“They have no lights or air conditioning, nor do they have diesel for their pickup, but Larry “Colonel” Saunders says life is pretty good for him, his wife and their sixteen children, even with the national credit freeze and economic lockdown.
They live about a mile from their repossessed but still abandoned home on North Main Avenue here in Scranton, like the tens of thousands of unemployed industrial workers also locked out, now that businesses can’t secure credit and cash flow to pay for raw materials, or to ship finished goods out to their customers.
At night there’s no other sound but the crickets chirping in the cool fall air,
and an occasional giggle of one of their children, straying from their homework.
A next-door neighbor also is homeless, they say, as are a number of other Scranton residents who are making do, while the devastated city begins its long purgatory.
Although city officials have warned residents about the risks of living under freeway overpasses and in densely wooded areas of public parks — and especially the dangers of bringing children back to the tent camps after their school day — the Saunders insist that they have things “right nice”.
They cook meals in a bramble-thatched clearing on a homemade barbecue grill over a fire pit. They store food in coolers packed with ice. They take cold showers from a nearby creek. They boil water and wash dishes in it. Their children read, color and play, when they aren’t helping to scrounge for bottles and cans along the freeway.
“We’re making it. 11¢ a can! We’ve got everything, almost like home,” said Saunders, a former electrician who still works a couple of hours a week for the utility company, disconnecting utility customers who haven’t paid their electric bills, before he returns to his family’s tarp camp by the Interstate 81 freeway.”

(Kidding, kidding, kidding. There’s already 11,000,000 invisible homeless in the US, and another 5,000,000 on the way, but City of Seattle just announced a plan to build housing for 85 families after it destroys their hobo camp!!! Hoorah!!!)

Posted by: Emma Powers | Sep 24 2008 6:01 utc | 19

“Who could have known…?
Like Jérôme, I’ve been expecting this economic tsunami since 2005 myself. This is not because of any acumen I might have in economics (hate the whole field), but rather because I know what collective ass-covering looks like when I see it.

Posted by: Monolycus | Sep 24 2008 11:22 utc | 20

Always the same story. Ppl cannot understand, or dope out, if the US authorities are complete fools concentrated on their personal interests while blindly supporting some kind of group think, see. e.g. the Iraq invasion, or Afgh. for that matter – or if there are other forces behind the scenes at work. It is all opaque, mysterious, conspiracists mutter and rumble, nothing is known, wild speculations fly, the media reassures with soporific pablum, distractions galore.
The sub-prime mess was grasped long ago, 2006 or so, by many… And yet it went on – nobody said HALT. (But see b above, about merkel.) The PTB knew, without any doubt, what was coming on down the pike. Looking foolish and blaming events in the past is a national pastime in the US, be it for investments, wars, or personalia like marriage, careers, etc.
Post-hoc hand-wringing is the name of the game. Once the events are safely buried in the past, and regulation / retribution / compensation / fixing up / are no longer possible, it becomes, de facto, necessary to move forward in the new landscape, saying, get over it already – the present has to be dealt with.
The Paulson plan is a transparent buddy bail-out, presented as the Knight on the White Horse that will save the US banks and financial system. Why exactly this system needs to be saved – except insofar as disruption and strife might be negative, bothersome, etc. – is not spelled out.
Christina at 13 asks a good question. The US sub prime mess is but an excuse, the tip of the iceberg, good for public statements about poor homeowners, yada yada. Just dealing with such a bubble (housing etc.) is not too difficult. Many have done it before, thru semi-nationalizing schemes, etc.

Posted by: Tangerine | Sep 24 2008 13:44 utc | 21

As one of your less astute but devoted readers, I rarely comment. But I have to ask. How does 250 billion (+ or – 100 billion) of subprime debt become inflated to over 65 trillion? Who was supposed to pay this 65 trillion? Who has been paying?
Good question.
The 65 trillion isn’t on bank debt but on a wide variety of bonds across dozens of industries; the figure refers to the total CDS market (not just the 6 percent devoted to banking issues.) It’s a completely deceptive statistic.

Posted by: CDS Trader | Sep 24 2008 18:24 utc | 22

The 65 trillion isn’t on bank debt but on a wide variety of bonds across dozens of industries; the figure refers to the total CDS market (not just the 6 percent devoted to banking issues.) It’s a completely deceptive statistic.
That is correct – and the 65 trillion (I assume it’s much more now as the FT said 62T in late 2007) is about double the value of the total underlying assets.
The price of these assets (bonds) is now driven more by CDS speculation than by the real value of the assets.
A municipal bond, which is an asset in the above sense, may therefore see much higher (or lower) interest payments than was assumed when it was launched even though the basic numbers and credit validity of said municipal did not change at all.
This inverted or perverse market will hurt a lot of taxpayers simply because some curves on a Bloomberg terminal will induce some anonymous dealer to adjust ‘a bet’ via a CDS sell or buy.
Somehow, I think, this is wrong.

Posted by: b | Sep 24 2008 18:54 utc | 23

That is correct – and the 65 trillion (I assume it’s much more now as the FT said 62T in late 2007) is about double the value of the total underlying assets.
It isn’t obvious why this should scare anyone. The amount of outstanding stock options is some huge multiple of the amount of stock issues. The amount of life insurance policies written annually outnumbers the number of deaths. It’s typical of an insurance market that more insurance should be written than claimed.
The price of these assets (bonds) is now driven more by CDS speculation than by the real value of the assets.
Sorry, but do you have any data to back this assertion up?
The premium amounts involved in CDSes (the vast bulk of which are on highly rated debt) are too small to steer the value of the underlying credit very much. and to the extent they do, they lower financing costs by syndicating the default risk.
even though the basic numbers and credit validity of said municipal did not change at all
If anything CDSes offer a purer market view on credit quality than bond yields as bonds (unlike CDSes) can be hoarded.

Posted by: CDS trader | Sep 24 2008 19:59 utc | 24

This inverted or perverse market will hurt a lot of taxpayers simply because some curves on a Bloomberg terminal will induce some anonymous dealer to adjust ‘a bet’ via a CDS sell or buy.
Some curves on a Bloomberg terminal would also induce some ‘anonymous portfolio manager’ (need we know their names?) to buy the muni bonds, also a ‘bet’ on the credit quality of the issuer. A widely syndicated market for risk gives that dealer comfort that this credit quality has been vetted by the broadest public market, rather than a shadowy cabal of anonymous bond traders.
The existing CDS are a myriad of individual private contracts that are not standardized at all.
Completely false. By and large the CDS market uses highly standard term sheets from ISDA, which also publishes regular guidelines to credit derivatives definitions and settlement terms eg
http://www.isda.org/publications/isdacredit-deri-def-sup-comm.html

Posted by: CDS Trader | Sep 24 2008 20:55 utc | 25

Can someone suggest a definitive read on cds and other investment banking insurance schemes?

Posted by: slothrop | Sep 24 2008 23:05 utc | 26

@sloth – I saw this one recommended on several sites: Credit Derivatives: Application, Pricing, and Risk Management (Hardcover) by Gunter Meissner (Author)
For starters this NYT piece: Arcane Market Is Next to Face Big Credit Test may help.
@CDS Trader – “The price of these assets (bonds) is now driven more by CDS speculation than by the real value of the assets.”
Sorry, but do you have any data to back this assertion up?

No – just a Bloomberg interview with a CDS guy from Wachovia which I am currently unable to find. But it is typical for derivative markets – see the recent oil spike at $150/bl – those were derivatives driving the real price at the pump as real oil was available.
@CDSTrader – By and large the CDS market uses highly standard term sheets from ISDA, which also publishes regular guidelines to credit derivatives definitions and settlement terms eg
By and large there are several types and subtypes of CDS that will be hard to evaluate if one wants to try to chancel them out against each other.
“[There are] binary, basket, cancelable, contingent, and leveraged [CDS]. This is not a total list of default swaps nor does it detail variations (e.g., the typical CDS spread is fixed but under a constant maturity CDS, the premium is variable over the life of the contract).” here.

Posted by: b | Sep 25 2008 5:24 utc | 27

I just saw somewhere (and am now trying to find it again) that the total amount of some 65 trillion just got reduced by about 10 trillion just by canceling out the debts and credits of the participants. I suspect that it wasn’t even a very sophisticated exercise, given that the total amount also seems pretty suspect, though no doubt very large and beyond the means of the collective of participants. Still do I really give a shit if for example a high stakes poker table somewhere resulted in the chips going from one group of gamblers to another and some going into hock? The answer is no, and it is probably just as well if these games got played out.

Posted by: YY | Sep 25 2008 8:03 utc | 28

Not sure is this the right thread, but …
the big investment banks used to be Morgan Stanley, Merill Lynch, Bear Stearns, Lehman Brothers, and who else?
Oh yeah, JP Morgan. I think they now go by JP Morgan Chase, which seems to be a Morgan and Rockefeller merger.
Why no mention of this giant? Morgan Stanley is not JP Morgan, and Goldman Sachs is neither. Recent stories quoted and written online seem to mistake JP Morgan, a very serious firm, for Morgan Stanley, another firm. I used to make the same mistake.
But where does JP Morgan stand in the arena. Is it that their hyphenation has pre-emptively transformed them from a cornerstone Wall Street firm into what Goldman has undertaken to become, a commercial bank or commercial bank holding company.
Inquiring minds would like to know, thanks in advance.

Posted by: jonku | Sep 25 2008 8:16 utc | 29

Interesting: The CDS market seems to shrink. But with all the consorted action described in the article, why didn’t shrink it more?
Credit Derivatives Market Shrinks 12% as Dealers Reduce Trades

Sept. 25 (Bloomberg) — Credit-default swap dealers reduced the volume of outstanding contracts for the first time amid efforts to reduce risks in a market used to hedge against bond losses and speculate on corporate creditworthiness.
The volume of outstanding trades fell to $54.6 trillion from $62 trillion in the first half, the International Swaps and Derivatives Association said in a statement yesterday. It was the first decline since ISDA started surveying traders in 2001.
“This decrease primarily reflects the industry’s efforts to reduce risk by tearing up economically offsetting transactions and demonstrates the industry’s ongoing commitment to reduce risk and enhance operational efficiency,” ISDA Chief Executive Officer Robert Pickel said in the statement. “We expect to see more effects of this over time.”

After the March collapse of securities firm Bear Stearns Cos., 17 banks that handle about 90 percent of trading in credit derivatives agreed to a list of initiatives to curb market risks. This included tearing up trades that offset each other to help reduce day-to-day payments, bank staff paperwork and potential for error. It may also reduce the amount of capital commercial banks are required to hold against the trades on their books.

Posted by: b | Sep 25 2008 11:59 utc | 30

That NYT Morgensen piece is off. See here: http://seekingalpha.com/article/65104-a-misleading-chart-on-credit-default-swaps
By and large there are several types and subtypes of CDS that will be hard to evaluate if one wants to try to chancel them out against each other.
Yes there exist dozens of CDS contracts.. there’s also a good precedent of exchange listed bespoke derivatives in unrelated markets that work very well. Exchanges like ICE, NYMEX, CBOT some time ago expanded their clearance services to take in these custom contracts. The payment streams may be unique but the general settlement conditions are similar enough to allow for efficient netting of collateral, based on a multilateral mark to market process, or a mark to model whose parameters have also been vetted.
those were derivatives driving the real price at the pump as real oil was available
I rather doubt it. the thinner the paper market in any traded product, the more volatility it has seen. for example, oil prices with smaller or no paper markets have moved more and higher than WTI, and so has coal. All of them are functions of rocketing freight rates that no fund trades (look at the volatility of the dirty tanker rates to see how a market with no speculators has behaved.)
Add to this that global inventories are low and I’d say the evidence that oil derivatives are ‘ manipulated’ is extremely weak. In markets where data is available (ie equities) studies have shown that derivatives markets lower volatility. Might your wachovia trader be overestimating his own importance? traders always think they can move the tides, and financial reporters are only too happy to hype this image for a gullible public.
Can someone suggest a definitive read on cds and other investment banking insurance schemes?
I wouldn’t call them ‘schemes’, but if you’re really interested the Wiley series is the industry reference. Unfortunately most people won’t have the patience to learn the dry mechanics of derivatives. superficial hype makes for easier reading (and writing)

Posted by: CDS Trader | Sep 25 2008 13:13 utc | 31

CDS:
A borrows $ from B; C offers to insure B’s loan for a premium.
This encourages asset inflation (bubble), because D, the regulator, doesn’t know if C can pay when A goes bust.
The bubble grows until C cannot cover for B. B & C try to sell positions, leading to asset deflation. The bubble bursts.
This is a Minsky Ponzi finance scheme.

Posted by: slothrop | Sep 25 2008 23:56 utc | 32

slothrop,
If C goes bankrupt, B *doesn’t* have to unwind his position, and you’ve given me no reason why A would default on the initial underlying loan. B’s losing his insurer doesn’t impact the full notional principal at risk, only the credit protection (some small number denominated in basis points representing the very low probability of default). To believe that CDS markets steer underlying value, you’d have to believe that bonds are mostly made up of insurance value, which may be true of some very narrow category of structured product but is totally inapplicable to most CDS-insured debt.
A better example: if your home insurer went broke, would you feel compelled to sell your house? No, but even if you were unable to find any other source of insurance the intrinsic value in the house hasn’t gone anywhere.

Posted by: CDS Trader | Sep 26 2008 5:59 utc | 33