While not driven by my recommendation to declare all Credit Default Swaps null and void the general idea seem to get a bit of traction.
At The Agonist Sean-Paul Kelly asks:
It seems to me that one of the most significant problems we face right now (and going into the future) is CDSs. What would happen if the Federal Government simply said: "they are all dead trades. if you sold protection you are off the hook, if you bought it, too bad"?
He points to a NYT piece which includes this:
Janet Tavakoli, a finance industry consultant who is president of Tavakoli Structured Finance, said the stock market’s gyrations are a result of a severe lack of confidence in the very officials who are charged with cleaning up the nation’s mess.
…
She also suggests that financial regulators impose a form of martial law, allowing them to rewrite derivatives contracts that bind counterparties to terms they may not even comprehend.
Chua Soon Hook who runs a profitable billion dollar fund for Asia Genesis Asset Management explained on Bloomberg TV how CDS are now used to raid leveraged companies and even countries.
Hedge funds and banks load up with cheap credit insurance via CDS for debt of a company or country. They then short that companies stock. With that, the stock value of the company sinks, the default likelihood of that company increases and the value of the CDS bought goes up. This gives the fund money to buy more credit insurance which, as other market participants watch the increasing default spreads, will again increase the default risk of the company and the value of the bought insurance and the value of the short.
Credit insurance can be written, bought and sold in unlimited number. A company’s $1 billion total debt can be insured a 100 times and more. Even if the likelihood of a debt default increases only a tiny a bit, a big CDS position in a thinly traded market may double in value pretty fast. The leverage possible with these instruments makes the above a very profitable deal. Chua suggests to immediately make the writing of any new CDS worldwide illegal.
A scheme similar to the above now gets some interest from New York State and federal prosecutors:
Prosecutors are looking at whether traders manipulated the largely unregulated market for credit-default swaps to drive down the price of financial shares over the last year, people briefed on the investigation said.
In an unregulated over-the-counter market there are no rules and manipulation will be very hard to prove.
It seems to me that a similar raid tactic is now used to profit from problems in some countries:
The cost of insuring Russian bonds against bankruptcy rocketed to extreme levels yesterday. Spreads on credit default swaps (CDS) reached 1,123, higher than Iceland’s debt before it sought a rescue from the International Monetary Fund.
Russia has over $500 billion in foreign reserves. The high CDS spread is by all means totally out of whack with reality. But with a rumor here and there, I am sure it can be driven up even more and some holders of some CDS will profit a lot from that.
Like Chua I believe that these CDS make the crisis we are in much worse and create a lot of unnecessary damage in the real economy. If a company has to pay higher interests because of CDS bets against it, jobs get lost.
The markets that should reflect the real economy get out of whack because of unregulated instruments like CDS. The false sentiment they generated then influences the real economy. This is an example of Soros’ reflexivity.
So here again the steps to get rid of these:
At the same time:
- all financial exchanges and markets of the world close for a week
- CDS are declared null and void and new CDS creation is forbidden until new regulation is in place
-
the publicly dealt financial entities have seven days to figure out and
publicly restate the value of their liabilities and assets excluding
all CDS - a onetime windfall tax will be created that socializes overt advantages some entities will have from this
-
the proceed of that tax shall be used to prop up the capital of the big
losers in a program comparable to the Reconstruction Finance
Corporation of 1932.
There is legal precedence (pdf) for such a big move.
The killing of the credit default swap markets, which only grew big over the last two years, will take a lot of insecurity out of the financial world, reintroduce confidence and bring lending back to normal levels. Even a threat to make CDS null and void, would be useful.
It still will need a while for people to get used to the thought that states could do such a thing. Please let me know if and when you see the idea mentioned elsewhere.