Posted by
Mike Rulle on Monday, March 30, 2009 12:00:00 AM
Or, "what should have been done with AIG and why". No, not the
bonuses. I mean the original response by Geithner, Paulson and Bernanke
on September 16th 2008. George Santayana's phrase "those who cannot
remember the past are condemned to repeat it" is unfortunately
applicable to this situation. As will be described, the lesson that was
forgotten was the Long Term Capital meltdown in 1998. Their confusion
in understanding the approximation which is mark to market accounting,
their failure to understand a financial market "squeeze", their failure
to not compare mortgage values to actual housing values in the real
housing market, their crony identification with the very firms they
were regulating, their failure to realize that derivatives are a "cash
zero sum" transaction, and their inability to be calm under fire and
rise above the cacophony of screaming Wall Streeters, all lead to
the unnecessary cash bailout of AIG. And all that has followed. They
were in their positions to understand just these issues, but they did
not, or did not care.
OVERVIEW
What, ultimately, was the nature of the AIG debacle?
Entities---predominantly banks and investment banks-- which either
owned mortgages/mortgage backed securities, or wished merely to short
them, “sold” them to AIG largely from 2005-2007. They did this through
a type of derivative called credit default swaps ("CDS"). If the
capital and cash requirements for derivatives had been the same as the
underlying securities they replicated, AIG would never have gotten as
large as it did in this market and their insolvency would not have
happened. A good argument can also be made that the "mark to market"
meltdown would never have occurred to the degree it did in the mortgage
market. The over-the-counter derivatives market should have been using
the same or similar rules as the listed derivative exchanges
require. In practice they usually do. In the case of AIG, they did not.
However, even given these irresponsible circumstances, the debacle
could still have been mitigated and been largely contained.
Derivatives are often misunderstood. Their apparent complexity
belies their actual simplicity. All derivatives are simply cash zero
sum bets. What is a cash zero sum bet? You are in Atlantic City and go
to the roulette wheel. You bet on red and win. The casino pays you
cash. Their loss is your gain. This is a "cash zero sum" bet. All
derivatives are bets of this nature. Any market view can be expressed
using derivative contracts. Derivatives create market efficiency as
long as the users know what they are doing. Derivatives can be used to
replicate cash transactions. Instead of selling a security or a
commodity to another buyer, one can enter into a derivative trade that
replicates the underlying economics of such a sale. Derivatives were
first used as "insurance" in the agricultural futures market, not
unlike what AIG was doing in the credit market. Derivatives are more
easily traded than securities. Occasionally, they were used to close
"arbitrages" that existed between different financial markets. It is
not derivatives which are the problem, it is the incorrect use of them
which is.
In the case of AIG, derivatives were used by Wall Street Firms and
others to replicate a "sale of mortgages" to AIG. But there were other
features too. Rather than precisely replicating what is done in the
underlying securities markets, they were used on the part of AIG's
counterparties to increase their own leverage, versus what is permitted
and/or practiced in the securities markets; and they also provided AIG
greater leverage than is standard practice in the securities
markets. The regulatory rules as well as market practices are often
different for derivatives than for securities for the exact same risk.
This, of course, is absurd. How did this happen? Derivative individuals
took over the capital markets businesses of the leading financial
institutions and were, and are, the primary people interacting with
the various "oversight" bodies (internal to their firms as well as
external) on capital and mark to market rules. This seems bizarre, but
it is true. These are not necessarily conspiratorial behaviors. Many
derivative people are simply "hopelessly talented". They can
be talented in that they truly understand a tree's nature. They can
be hopeless in that they often never realize they are in a forest.
THE LEVERAGE OF WALL STREET AND AIG
How were the "sale of mortgage securities" to AIG structured? In a
securities based world, the standard way to sell a security is to sell
it outright for cash, or more often, by lending the money to the buyer
for the purchase. This is done through what is jargonistically
called the "repo" market. A repo, or a "repurchase agreement",
is really just an overnight loan collateralized by the very security
the buyer is buying. In order to borrow money to buy the security,
firms require a partial cash down payment by the buyer, called a
"haircut" (more jargon). These loans tend to be rolled over daily and
have protective provisions. They have what are called maintenance
provisions. A maintenance provision requires the borrower to post more
cash daily if prices go down. These loans are also immediately
callable. This means the seller can simply unwind the trade at any time
for any reason and take back the securities that were sold. Wall
Street's financial lifeblood is the repo market. They are virtually the
safest kind of loan that can be made. In fact, almost all derivative
trades mimic this model in some way. This is why "trillions" of assets
and derivatives can be traded daily among financial institutions
and there is rarely if ever a serious financial problem.
However, this is not how the AIG deals were negotiated. The "street"
made the same error with AIG that it did with Long Term Capital in
1998. Compared to normal practice, the "purchases" of mortgages by AIG;
1) were 100% financed---there was no cash downpayment required; 2)
there were no maintenance provisions as long as AIG remained AAA. If
prices declined AIG was not required to post further cash; and 3) the
CDS were "term contracts". This means they could not be unwound by the
“sellers” accept under certain conditions. This is remarkable. Every
safety feature that is normally and universally employed was ignored.
Why in the world would "sellers" agree to these terms? AIG was AAA and
used to getting their way on issues involving posting cash. After all,
they had the best credit in the world. It was as simple as
that. Sellers were so desperate for the "sale", they simply caved. This
is exactly what happened with Long Term Capital. No one was around who
remembered. As a side note, Warren Buffet, on a much smaller scale, has
been able to to demand the same terms in his equity derivative trades
with the street.
When the final tally was calculated in September 2008, AIG “owned”
about $600 billion of mortgage related credit instruments through this
method. Ironically, there were provisions in the CDS agreements which
did require AIG to post cash. But the way it was structured required
them to post cash exactly at the point in time when they would be
unable to do so; when their credit rating declined from AAA. I say
ironically, because arguably we would have been better off if there had
not been a "ratings trigger" requiring them to post cash at this
juncture (again, as an aside, Buffet refuses a rating trigger). It does
little good to demand cash at just the exact point in time it cannot be
posted. But Goldman was leading the charge to demand cash be posted. Here
was the point in time where intelligent clear eyed thinking was now
crucially needed by the regulators. And here is when they failed.
GREENSPAN VERSUS GEITHNER/PAULSON
Those are approximately the details of what lead up to AIG's demise.
It was going to be a crisis under any circumstances, but why one so
large? Let's stipulate it as obvious that a dollar of investment can
only be lost once. If these CDS represented, for example, mortgages on
defaulting houses in California, then the decline in the value of those
houses is the true, or fundamental, loss the financial system
experienced. No more, no less. The banks of the world believed it had
“resold” the risk of these mortgages to AIG. But, lo and behold, that
turned out to be an illusion. AIG could not afford to "buy"
the mortgages after all. They had no cash, and never had to post it.
This means the credit risk of the mortgages reverted back to the
original sellers like Goldman Sachs, Deutsche Bank, J.P. Morgan, etc,
etc. It was as if the trades never happened.
But in a world of contracts and property rights AIG was still
properly on the hook. What should have happened? The closest analogy to
the AIG situation was Long Term Capital. What happened with Long Term
Capital? Alan Greenspan, in a then controversial move which was
criticized as encouraging moral hazard-–how innocent and ludicrous that
seems by the standards
of today--met with Long Term Capital's counterparties and basically
said “it is in your interest not to force these guys to post
collateral”. Why? Because that would have set in motion an even larger
wave of selling thus driving down prices further. One might call
Greenspan's arm twisting, “collateral posting forbearance”. He
convinced them it was in their own interest to do this. An orderly
unwind of Long Term Capital, rather than panic selling caused by LTCM's
need to raise cash, was in every one's best self interest. However, in
order to do this, LTCM had to be put into bankruptcy proceedings.
Greenspan told the Street their money was at risk. If they wanted to
not lose more of it, they should stop any action which would require
panic selling. What is interesting about AIG is we get to look at what
would have happened had Greenspan not intervened with LTCM. An
interesting accidental social experiment.
Why did this not happen with AIG? We can speculate based on what we
know.The most obvious answer is that Greenspan had a clue and Paulson,
Geithner and Bernanke did not. Greenspan lead, he did not follow. In
a world where we tend to superstitiously believe in
impersonal deterministic forces, it is easy to forget that one man with
an idea can sometimes make all the difference in the world. He called
the meeting among the banks. He strong armed them to do what was in
their best interest. He basically told them not to panic right when they were in a state of panic. It
worked. Conversely, when Goldman saw their gains were going to be
partially wiped out, they persuaded their former
comrade, Henry Paulson, and his senior associate, Tim Geithner, that
the world was going to come to an end if Goldman did not get their cash
now. The world was also misled by Paulson and
Geithner. They created the perception that somehow AIG's real insurance
contracts were at risk. But their global regulated insurance entities
had nothing to do with the CDS contracts. They might as well have been
another company. The derivative contracts were obligations of the
holding company, a separate legal entity which owns the insurance
companies. The insurance companies were never at risk.
THE "LONG SQUEEZE" AND THE MARK TO MARKET ILLUSION
When AIG was unable to come up with cash collateral when their
credit rating declined, what should the regulators have done? They just
let Lehman go under virtually the same day, didn't they? That is what
they should have done. While many look back at Lehman's bankruptcy as
some watershed event, the fact is the unwinding of Lehman was a non
event. Another irony is no one would roll over their short term
loans to Lehman, but it was Goldman who was really up sh....ts creek
without a paddle. AIG did not owe Lehman money, they owed Goldman
money. But Goldman had their men in DC and Lehman did not. Lehman
should have been unwound. Those are the breaks. But nothing happened when they were. They still exist; they are called Barclays.
AIG's market value in 2006-2007 was $180 billion. Virtually all of
that was related to their insurance businesses which could have been
sold if put into receivership. We don't know what Wall Street Firms
would have had to merge or been taken over if AIG had not been bailed
out. But like with Lehman, it is likely nothing would have happened. Instead
of leading calmly, Paulson joined the rush to escape from the theater
after Goldman yelled fire. This helped trigger a giant “long squeeze”
and eventually an entire money market collapse.
The Government, like a bull in a china shop, rushed in a panic to
provide AIG with cash. The world followed suit as they saw the giant
AIG stumble. Effectively, the market began to "squeeze" AIG. They knew
AIG was going to have to cover. They knew the government had little to
no patience. The world shorted CDS. There was enormous short selling
in the CDS market—creating widening spreads and declining mortgage
values. The world did what it always does when a financial institution
is in trouble. They opportunistically looked for ways to benefit. If
AIG was going to have to unwind, i.e. "sell" their positions, the
market was going to make sure they would sell at the lowest price
possible. Hence, they shorted CDS in front of them.
The sizes were large enough to have caused the rapid decline in
mortgage values we saw. The William Lucy study (UVA professor William
Lucy), which I have referenced in my last 2 essays, demonstrates that
the magnitude of market decline in mortgage values could not have possibly been based on fundamentals.
This information was apparent to anyone with an internet connection,
let alone the government. Anyone doing a simple set of calculations and
scenario analysis could have seen that. The participants in the
financial markets were shorting both out of self protection and
opportunity. They drove down the financial prices of mortgages. But these prices were completely disconnected from the underlying value of the housing assets they represented.
But Geithner, Paulson and Co. either never realized this or thought
their job was simply to get Goldman its cash when they demanded it.
Again, if they were not practicing crony capitalism and if they simply
provided leadership to the market place, the panic would have gradually
subsided, just like it did in 1998. This eventually lead to Paulson's
view that we needed $700 billion of TARP money to bid up the prices of
mortgages they just drove down. He and his sidekick, now successor, tax
idiot Tim Geithner, created chaos. Their future supreme leader, the
"laughing president" got just what the doctor ordered, a "crisis" which
cannot go to waste, as he creates his "statist" regime. What a
nightmare.