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Archive for April 26th, 2010

FINANCIAL REFORM: THE FINAL CON GAME

 

NewsWithViews

By Joan Veon

There are those who have been talking about a single global regulator for years and as a result of the 2008 Credit Crisis, there have been calls to protect you and me from future banking crises through new financial reform. However, we had better consider its real impact. It is not about protecting you and me it is about changing the national regulatory laws of America to conform to a world governmental system and globalizing the last barrier separating individual nation-states. It is about a major power grab of America’s financial assets. As a result of the high stakes, we should ask if Republicans are being told they had better vote for financial reform so we don’t have another September/October, 2008? All of a sudden Senators McConnell and Shelby have had a sea change and are willing to work together on changing our banking system. It is a ruse, a con game when they say they are making the system safer. Let us review some necessary points.

As we consider the events of the past 18 months, we are confronted with a great deal of action, uncertainty, negativity, and pillaging of wealth. In order to understand where we are today and where we are going, we need to review the chicanery of the past eleven years.

One of the keynote events was the repeal of the 1933 Glass-Steagall Act in 1999 which we were told was necessary for banking modernization. In June 1999 then Treasury Secretary Robert Rubin said, “Reforming international financial institutions, strengthening the international financial architecture and maintaining open markets are not simply questions of economics but politics.” That same year, after a great deal of media and stock market hype and hysteria, Congress passed the Gramm-Leach-Bliley Act-GLB which tore down all the protections that the Glass-Steagall Act had put in place, including the separation of commercial banking from investment banking to protect the investor. It also allowed for U.S. banks to become “financial conglomerates” meaning they could expand their services to sell insurance, stocks and bonds and perform the once outlawed investment banking services, which opened the doors for derivatives, now at the heart of the problem. It also allowed for American banks, insurance companies and brokerage firms to buy foreign banks, insurance companies and brokerage firms while allowing them to come in and buy ours. Were there any regulatory changes? No. In fact it was known that the SEC was not beefing up their forces to police and monitor the newly expanded financial architecture.

On the international level, that same year, at the Bank for International Settlements-BIS in Basle, Switzerland, set up a new global entity called the Financial Stability Forum-FSF. It was comprised of regulators from the Group of Seven countries with a mandate to police the global level for problems. In an interview with Svein Andressen, its managing director, he told me in response to a question I raised in 2000 that “there was no guarantee” that they would be successful. Today, as a result of the G20 meetings in 2009, it has been reinvented into a larger body comprised of regulators from the G20 countries. It truly is more of a global regulator than it once was with only seven countries.

At the BIS and other think tanks there was a myriad of white papers calling for a consolidation of regulators and to change the national regulatory laws, now that the U.S. had passed GLB. Federal Reserve Board Vice Chairman Donald L. Kohn gave a speech in Sea Island, Georgia in May, 2007 in which he discussed the rise of credit derivatives and their marriage with securitization technologies called collateralized debt obligations-CDOs. While stating that “these developments have made the financial system more resilient to shocks,” he also said,

We need to accept that accidents will happen—that asset prices will fluctuate, often over wide ranges and those fluctuations will be driven in part by trading strategies, by the cycles of greed and fear that have always been with us and by the ebb and flow of competition for market share. The fluctuations will result in redistributions of wealth, and on occasion, will confront us with financial crises.

He then went on to explain some of the changes that needed to be made and commented,

In all of this work, coordination and cooperation among regulators, domestically and internationally are critical because the same firms are the core firms in each of the principal global financial centers.

Lastly, he stated, “In sum, there are good reasons to think that financial innovation over the past few decades, including the emergence and growth of the credit derivatives markets, has made the financial system and the economy more resilient.”

That year saw a number of headlines and articles calling for a “global regulator.” One written by Kenneth Rogoff read, “No grand plans, but the financial system needs fixing.” Another headline read, “Wanted: a guardian of the world’s financial system.”

In 2007, there was what was considered at first a minor problem in the subprime mortgage market—nothing to worry about. The market dropped from a high in July, 2007 of 14,022 to 12,518 that August before recovering that same year in October to the 14,198 level, an all time high. The Dow had risen 94% or 6,878 points since the low point of October 9, 2002. By August, 2008 the market had dropped to 11,483.

Hank Paulson, our second treasury secretary from Wall Street, had issued his “Blueprint for a Modernized Financial Regulatory System” in March, 2008. It called for a total revamping of all of America’s assets that were not under control of the Federal Reserve: the entire mortgage industry, banks that were not regulated by the Fed, credit unions, state chartered thrifts, and the insurance industry. The Fed was at the center of all the newly proposed commissions. In other words, a total take over of financial assets not under their control was at stake.

Is anyone putting two plus two together? The Federal Reserve is a private corporation so they do not issue an annual report and no one knows who their shareholders are. This company controls the entire monetary system of the United States which means they create the ups and the downs in the stock market and business cycle. They control credit. If they want to destroy the small businessman, they just stop issuing credit—like they are doing now. The Paulson Blueprint was blatant about them seizing control over all the other major financial assets they don’t control.

September 2008 found Congress in a heap of distress. When you consider the bombardment that we all went through, we have never seen or experienced anything like this since the British bombed the Baltimore Harbor in 1814 which is where the term “shock and awe” first came from. In September, we saw: the U.S. government seize Fannie Mae and Freddie Mac, Lehman Brothers collapsed and Merrill Lynch was purchased by Bank of America, AIG was bailed out with government money, Morgan Stanley and Goldman Sachs converted to bank holding companies, the government seized Washington Mutual which became the largest banking failure in the U.S., and Wachovia was taken over by Wells Fargo.

In the midst of shock and awe, the front page of the September 18, 2008 Washington Post read “Stocks Plummet as Lending Freezes Up.” It said that “Lawmakers left on the sidelines as Fed, Treasury take Swift action.” The text read,

The frenetic pace of the financial crisis has forced the Treasury Department and Federal Reserve to make rapid-fire decisions in recent days, leaving Capitol Hill lawmakers effectively impotent—and frustrated. Lawmakers on both sides have expressed concern yesterday that have had had no control over when and how federal money has been used to curb the panic on Wall Street. Congressional leaders learned of the rescue late Tuesday during a hastily called meeting. Paulson and Bernanke have taken the lead, not only from lawmakers but from President Bush.

In order to get Congress to pass the TARP monies and the additional powers for the Treasury Secretary, the stock market began to drop. On September 29 when the House rejected the bailout plan, it dropped more than 700 points. By October 10, the Dow had dropped to 7773.71. The week of October 11, 2008 saw the Dow drop by 22% or $8.4T from 2007 market highs. This was its worst week ever in its 112 year history. Who was boss? Those who control the monetary system including the stock market of the United States. Could this happen again? I have maintained that it could given the fact that the biggest change would be to pass the Paulson Blueprint which has been reinvented as the Obama “New Foundation.” I am amazed that nineteen/twenty months after September/October, 2008, the stock market is at a high: 11,125 which may mean if Congress does not pass financial regulation, it could drop back to the March 9, 2009 low. So how did we get in this position again?

On early October, Hank Paulson told and gave his word to senators that he would only use his additional powers in an extreme emergency. Eleven days later on October 14, he nationalized America’s banking system by giving $250B to Bank of America, Citigroup, Goldman Sachs, Bank of New York Mellon, JP Morgan, Morgan Stanley, State Street Bank and Wells Fargo. The Dow had dropped a total of 41% from the year earlier. Talk about warfare. No guns, no bullets but trillions of dollars transferred out of investors pockets, causing major destruction to America’s middle class. Throughout all of the various congressional sessions, both the Treasury Secretary and the Federal Reserve Chairman Ben Bernanke called for regulatory reform. This has been the mantra for a long time.

President Obama came into office in January, 2009. The stock market reached a severe low of 6,547 on March 9. From this point, the market started to rise. To date it is around 11,000, a rise of 4,453 points. Obama rolled out his version of Paulson’s Blueprint on June 17. It did not call for the Federal Reserve to chair all of the proposed committees like Paulson’s, but it did call for the Treasury Secretary to chair key committees and, in Section V, it called for very strong international regulatory standards and improved international cooperation. It stated that the,

United States is playing a very strong leadership role in efforts to coordinate International financial policy through the G20, the Financial Stability Board, and the Basel Committee on Banking Supervision.

The Obama Financial Regulatory Reform called for the Financial Stability Board to be restructured and institutionalized on the international level and for national authorities to implement the G20 commitments made in London in 2009 which included “supervisory colleges” that would be able to assess danger.

For the first part of 2010, financial reform took a back seat to health reform and on March 15, Senator Dodd rolled out his version of regulatory reform, leaving behind any kind of bi-partisanship that junior Senator Bob Corker had given earlier. A day after the passage of the healthcare bill on March 21, Senator Dodd pushed through the Senate Banking Committee a vote for the bill he authored six days earlier. This basically was a coup d’état over the Republican Party.

Sadly, most Americans are not aware of the marketing savvy that has gone into changing their minds and covering up the fraud perpetrated on them. Regulatory reform has gone from a “Bailout of Wall Street” to a “Bailout of Main Street.” There is now a movement by Republicans after the Security and Exchange Commissions first indictment in ten years of the biggest bank on Wall Street, Goldman Sachs, to move Congress into bi-partisanship. It has worked.

Sadly in light of the fact that Goldman Sachs has given untold millions to our currently seated politicians in Congress and $1M to Obama for his election campaign, the Republicans have decided to play “nice” at the wrong time. Or is it the wrong time? Are they being vigilant and protecting us against another 40% drop in the stock market or are they part of the con game?

Recently, in commenting on how Wall Street makes its money, Jim Santelli from CNBC said, “Where does Wall Street make its money? In murky deals. The more murkier, the more money they make.” In the April 23, 2010 Financial Times, their editorial commented on Obama’s legislation,

Prospects are good that the eventual reform will be a big step forward. But one should not expect too much even of a significantly improved system. As the economy recovers and financial markets’ appetite for risk revives, the chief danger may lie in placing too much confidence in the new arrangements. Financial regulation is, and always will be, a work in progress.

The truth is the stakes were very high for regulatory reform or else we would not have had all the activities of September/October 2008. The bottom line is the consolidation of power by the central banks all over the world. Through the enlarged structure of the Bank for International Settlements and the newly restructured and empowered global regulatory agency, the Financial Stability Board, all of the world’s assets are being shifted to a place where they are fair game for central bankers. All you have to do is study the arrangements on the national and global level. This is the con game of all the centuries–it is a colossal robbery of our nation and people.

If you cannot see from the above all of the boldfaced lies and grab of America’s financial assets, then you/we deserve what’s coming. Lastly, we can see that the next goal of these powerbrokers is a national sales tax so that we can reduce our debt. America is being stripped of her assets and her citizens are being put in greater and greater bondage through usury and taxation! It is only heaven that can help us now.

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The Revolt of the States

 

The Revolt of the States

By Alan Caruba

President Obama, his weird circle of advisors (czars), and the ideologues within the Democrat Party led by Speaker Nancy Pelosi and Majority Leader Harry Reid only have a few months left to completely destroy the separation of powers between the States and the federal government.

A major battle is looming over the Tenth Amendment which declares that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Almost everywhere one looks today, the States are in rebellion to the overreaching of the federal government. The process involved is called nullification, a legal theory that a U.S. State has the right to nullify, i.e., invalidate, any federal law deemed unconstitutional. Since the Supreme Court moves at a glacial pace, the States through their legislatures have taken the lead in many cases.

Nullification is not secession as in the case of the Civil War, but there is a history of nullification that includes the Kentucky and Virginia Resolutions against the Alien and Sedition Acts. Thomas Jefferson and James Madison both argued that the States are the ultimate interpreters of the Constitution, arguing that the States could “interpose” themselves to protect their citizens from unconstitutional national laws.

Much of the discord in the nation today has its roots in the vital difference between a conservative attachment to traditional values and a liberal ideology that would impose a One World Government on our sovereign nation.

The great philosopher of American conservatism, Russell Kirk, wrote “True conservatism is the antithesis of ideology. It is the negation of ideology. For conservative is grounded in the past. Its principles are derived from the Constitution, experience, history, tradition, custom, and the wisdom of those who have gone before us—‘the best that has been thought and said.’ It does not purport to know the future. It is about preserving the true, the good, the beautiful. Conservatism views all ideologies with skepticism, and the more zealous and fanatic with hostility.”

A case in point is the way that State after State has lined up to oppose through the courts and by individual legal action the imposition of the president’s healthcare legislation, passed on strict party lines by the Democrat Party and only after the most vile revelations of bribery and backroom deals. It is a bill whose content Speaker Pelosi said Americans should supinely consider only after it was passed.

There has been a rapidly growing awareness and rejection of the assertion that the federal government can “own” General Motors or that the government should be in the business of buying and selling mortgages.

Pending financial reform legislation would permit the federal take over any company to install its own board of directors and thus control the economy. The failure to exercise existing regulation of the financial sector hardly calls for more regulation. It calls for stronger enforcement of existing laws.

The increasing awareness and rejection of the false “theory of global warming” is being rejected on the basis of the widely perceived cooling of the earth during this decade and the wild projections of warming 25, 50, a hundred or more years into the unknown future. More and more Americans now know it is based on feeble and deliberately false “computer models”.

That is why the Cap-and-Trade bill, a huge tax on energy use, awaiting action in the Senate, even if imposed in the same fashion as the healthcare bill, will be rejected by the States. There is no need to regulate carbon dioxide, a natural gas that has nothing to do with “warming”, but a rogue government agency, the Environmental Protection Agency, is set to assert this falsehood through massive regulation that will destroy the nation’s economic base.

With increasing pace, the States are demanding that the Second Amendment protecting the right to own and bear arms be respected and asserting their right to pass laws permitting gun ownership, including the right to carry concealed arms for self defense. States that have enacted such laws have seen a dramatic decrease in crime.

The assertion of unconstitutional federal powers lies at the heart of the State’s rejection of these efforts. Unfunded federal mandates are bankrupting the States and they want an end to them. The rapacious taking of State lands is crippling theirs and the nation’s ability to access our natural resources.

A growing spectrum of federal laws intruding upon the sovereignty of individual States is being challenged and this is a good thing. We should all take heart from these challenges as well as the spontaneous occurrence of the Tea Party movement that is a dramatic demonstration that the spirit of individual liberty and of States rights is alive and well in America.

A new generation of Americans is learning that the Constitution was designed to ensure a small and limited federal government and that the States, like the Union, are individual republics.

The battle has been joined.

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Economists: The stimulus didn't help

 

Economists: The stimulus didn’t help

By Hibah Yousuf, staff reporter

NEW YORK (CNNMoney.com) — The recovery is picking up steam as employers boost payrolls, but economists think the government’s stimulus package and jobs bill had little to do with the rebound, according to a survey released Monday.

In latest quarterly survey by the National Association for Business Economics, the index that measures employment showed job growth for the first time in two years — but a majority of respondents felt the fiscal stimulus had no impact.

NABE conducted the study by polling 68 of its members who work in economic roles at private-sector firms. About 73% of those surveyed said employment at their company is neither higher nor lower as a result of the $787 billion Recovery Act, which the White House’s Council of Economic Advisers says is on track to create or save 3.5 million jobs by the end of the year.

That sentiment is shared for the recently passed $17.7 billion jobs bill that calls for tax breaks for businesses that hire and additional infrastructure spending. More than two-thirds of those polled believe the measure won’t affect payrolls, while 30% expect it to boost hiring “moderately.”

But the economists see conditions improving. More than half of respondents — 57% — say industrial demand is rising, while just 6% see it declining. A growing number also said their firms are increasing spending and profit margins are widening.

Nearly a quarter of those surveyed forecast that gross domestic product, the broadest measure of economic activity, will grow more than 3% in 2010, and 70% of NABE’s respondents expect it to grow more than 2%.

Still, the survey suggested that tight lending conditions remain a concern. Almost half of those polled said the credit crunch hurts their business.

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Derivatives To Be Spun Off?

 

Derivatives To Be Spun Off?

Posted by Karl Denninger

Am I dreaming? 

In an agreement struck Sunday, Banking Committee Chairman Chris Dodd agreed to replace his proposed restrictions on derivatives with those of the Senate Agriculture Committee, chaired by Arkansas Democrat Blanche Lincoln. 

If you remember, I wrote about this a few days ago

Along with forcing commercial banks to spin off their swaps dealers to a different corporate entity, Lincoln’s derivatives legislation would bar dealers, exchanges, clearinghouses and other swaps-market participants from being able to take advantage of emergency lending from the Fed, according to the aide. 

Ding ding ding ding. 

Give this lady a cigar! 

Look folks, we can’t fix what’s broken if we don’t do this. 

Let’s boil it all down to the simple when it comes to banks and their operations: 

It is essentially impossible for us to have meaningful reform if institutions with access to government backstops and privileges, including but not limited to the ability to fractionally reserve, access to The Fed window and FDIC insurance, are able to trade in the derivatives business. 

Banks inherently exist to collect deposits and make loans.  In doing the latter they allocate credit.  But when you take deposits and make loans you are effectively exercising the privilege of the sovereign (the government), because you are able to “recycle” lent money over and over again via fractional reserve policies. 

This is a major problem when you also have access to the securities markets, because you no longer need to make prudent loans to make money

Instead, you can make trash loans, sell them to someone and at the same time buy or sell derivative contracts on far more paper than you own (if you own any at all!)  

This, indeed, is what happened during the Housing Bubble.  Goldman and other banks “funded” huge tranches of “liar loans” and other lending that had no reasonable relationship between the interest rate charged and the risk.  Liars loans in all their forms will always blow up – they “work” only so long as the “asset” being purchased continually increases in value, allowing them to be rolled over.  

No bank in its right mind will make these loans and sit on the paper, because if they do eventually they will detonate.  This is not speculative, it is not a “might”, it is in fact a mathematical certainty that these loans will blow up.   The only speculative element is timing, not outcome.  As soon as the assets underlying those loans stop appreciating the paper all detonates – every time. 

This is the inherent fraud in these sorts of financing deals, and it’s not just in home mortgages.  Indeed, while home mortgages were ridiculous the more serious problem is in fact in commercial real estate and “deal-based” lending, which in many cases makes home mortgages look positively safe by comparison. 

For the bank, however, they don’t care, because with access to the derivatives markets they can make all the crappy loans they want on purpose and then short them at 2 or even 5x what they wrote! 

Since they know factually that these deals are no good, this is a no-lose proposition for them.  But the taxpayer, indirectly (or directly) gets screwed – these so-called “good” loans that were in fact trash were sold on to pension funds and other institutions who then lose all their money.  If the bank bet on the implosion it cleans up too – or as Goldman said, “we managed our way through the crisis.”  If not then the taxpayer gets hosed, as the Washington Mutual or IndyMac goes out of business. 

The base problem here is fraud.  Bill Black was on Bill Moyers Journal this weekend and he laid it all out, as I have in the past (and as he has in the past); this is a must-see interview.  The key quote is right here: 

WILLIAM K. BLACK Not even necessarily that, because most of these are liar’s loans, again. And they will not pay, right? It’s not an issue of liar’s loans, will it work or will it not work. It’s only when will it blow up. A liar’s loan will blow up. If housing prices keep going up for three years hugely, then they will blow up in the fourth year.

But they will blow up. So he was betting against something that he knew was going to blow up. 

There’s nothing wrong with betting against something you know is going to blow up. 

What is fraudulent is creating something you know is going to blow up and selling it to people as “good” paper

Look folks, The Fed didn’t give a damn and neither did the SEC.  When Lehman was on the brink of bankruptcy The Fed sent two people to oversee the firm.  Two!  This, for a risk that could, in their own words, take down the entire financial system. 

We also learned late last week that the banks intentionally gamed the ratings agencies.  During testimony late last week the ratings agencies stated that they gave their models to the banks.  The banks then cheated, using that data, by omitting or structuring the securities they submitted to get the desired “grade” – in this case, “AAA”. 

Of course if you have the answer key to a test before you take it you will always get a score of 100, right? 

This behavior isn’t an accident, it isn’t circumstance and it isn’t “impossible to foresee.”  It is fraud, pure and simple, and it is a crime. 

This sort of behavior, by the way, is exactly why we had Glass-Steagall.  The banks did the same damn thing during the 1920s too.  Oh sure, they didn’t have fancy computer models, but they were involved in making trash loans and then betting against them just the same.  When they failed they dragged the entire financial system into the toilet with them. 

Glass-Steagall prevented it from happening again for nearly 50 years. We started dismantling it in the 1980s and yet despite the written testimony of two of the forensic examiners in the S&L debacle, despite the warnings from Brooksley Born (who was run out of town on a rail), in fact, despite the following precise prediction of what would happen, Glass-Steagall was in fact repealed – first by making it a non-existent law through illegal and outrageous waivers granted by Alan Greenspan, and then finally by formal legislation.  The warning, which I referenced on July 7th 2008, while there was still time to shut Lehman down and stop the cascade, I said: 

Congress was warned.  Repeatedly.  In written testimony that is STILL, to this day, available to every single member of Congress. 

The Fed supported the repeal of Glass-Steagall.  In fact, Greenspan was strongly in favor of it. 

Today, Congress again sits on its hands and does nothing about rampant, blatant, admitted fraud in the banking system. 

Yes, admitted. 

That testimony?  Here is what was submitted in 1991: 

If Congress again opens up banking to Wall Street speculation, as it opened up S&Ls and banks to real estate speculation, regulators will quickly lose control over the complex series of events that a pervasive marketplace will immediately set in motion. Insider abuse, self-dealing, and back scratching relationships between institutions will run rampant.

While speculators play an important role in a free market economy, their instincts and perspectives are exactly the opposite of those we want in our bankers. Wall Street investment bankers are to commercial bankers what fighter pilots are to airline pilots. One takes risks, the other avoids them. Investment bankers put their investors’ money at total risk. On this high wire, there is no collateral and no federal insurance net below. An unlucky investor can take a plunge – not only to the floor but right through it, in some cases losing far more than just the money he invested. This is the world that commercial bankers want to re-enter.

And the Bush administration wants to accommodate this wish, hoping the repeal of the Glass-Steagall Act will attract new money to the banking industry, so the government won’t have to recapitalize failing banks itself. Treasury Secretary Nicholas Brady is almost giddy over the prospect of merging banks and Wall Street. It makes sense, he says, because investment banking shares a “natural synergy” with commercial banking.

Sound familiar? The same argument was used a decade ago when savings and loans wanted to get into the construction and development business. Developers needed loans – thrifts made loans. Bingo. Natural synergy. Regulations prohibiting such joint ventures were abolished, and sure enough private capital poured into the thrift industry as developers bought thrifts and thrifts acquired their own construction companies.

“My God! This is what I’ve been waiting for all my life!” gasped the owner of (now defunct) San Marino Savings and Loan.

Almost immediately the predictable happened. The historical arms-length relationship that had existed between lender and borrower vanished, and with it went due diligence, common sense and, in too many cases, ethics. Thanks to facilitating that bit of synergy the taxpayer is stuck with $300 billion dollars worth of repossessed real estate from failed thrifts. If we sold $1 million worth of this stuff a day, it would take 3OO years to sell it all.

Deregulated banks can look forward to a similar script, with some of the same bad actors. U.S. Attorney Joe Cage in Shreveport,Louisiana, told us, “Some of the same people who took down savings and loans, are out in the securities business and banking now, already in place. And they’re just waiting for Congress to abolish the Glass-Steagall Act. If that happens I’m afraid they’ll take the banks just like they did the savings and loans.”  

There were right in 1991, I was right in 2008, and you, Congress, Treasury, Bernanke and the SEC were all wrong. 

Re-instate Glass-Steagall.  17 pages of law that kept the banking system safe for 50 years. 

Prosecute all the fraudsters that blew up the system this time.  These are easy cases to bring and win, as you need show only one thing: they lied. 

Rule 10b(5) is the 900lb Gorilla here.  It says: 

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange, 

  1. To employ any device, scheme, or artifice to defraud,
  2. To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or
  3. To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person,

in connection with the purchase or sale of any security. 

All you need to show is an untrue statement was made or information was withheld that was material, and which made the material facts, as evident to the listener, misleading. 

Whether the buyer of the security is “sophisticated” doesn’t matter and whether the person committing the fraud lost money themselves doesn’t matter.  

Drain the swamp.  Yes, I know these are “the favored ones.” 

If Congress doesn’t do so – and do so now - we will get another collapse in the markets, and with interest rates near zero while we’ve blown over $3 trillion in “borrow-and-spend stimulus” measures, we will be unable to respond this time around. 

Congress simply must act now and any institution or organization that resists, including OTS, OCC, or The Fed must be de-funded and disbanded and/or replaced. 

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Here Come The Hypocrites! (Berkshire)

 

Here Come The Hypocrites! (Berkshire)

Posted by Karl Denninger

That didn’t take long…

WASHINGTON—Democrats took a step toward their goal of overhauling financial regulation, reaching a tentative deal to set restrictions on trading in exotic financial instruments known as derivatives.

Among the considerations still in the balance: A big provision being sought by Warren Buffett in recent weeks. A key Senate committee had changed its proposed overhaul of derivatives regulation after lobbying by Mr. Buffett’s Berkshire Hathaway Inc., potentially helping the famed investor avoid a financial hit, congressional aides say.

I thought these were weapons of financial mass destruction Warren?

What’s the problem?  You don’t want to be forced to recognize the economic and accounting reality of your transactions?  I don’t see why that should be a problem.

Posting margin on underwater positions is a reality for everyone who trades on margin – and you do a lot of it.  There’s no reason why anyone – you included – should not have to put forward margin – in cash – just like everyone else.

Yeah, I know, Berkshire is “Strong”.  So what?  That’s not material to the point at hand, which is that when you are short a “PUT”, which is effectively what you are, and the position is underwater, you should be required to post margin!

Reliance on “future economic strength” to avoid this requirement is a big part of why the system nearly blew up.  You were a part of it writing those contracts, and you now want to be exempted from safety and soundness requirements on something you identified – in public – as a dangerous practice.

Sorry, but no. 

The provision, sought by Berkshire and pushed by Nebraska Sen. Ben Nelson in the Senate Agriculture Committee, would largely exempt existing derivatives contracts from the proposed rules. Previously, the legislation could have allowed regulators to require that companies such as Nebraska-based Berkshire put aside large sums to cover potential losses. The change thus would aid Berkshire, which has a $63 billion derivatives portfolio, according to Barclays Capital.

Why should you be exempt on an underwater position?  This is a cash margin deposit and secures your performance.  As the position comes back into the money (if it does) for Berkshire the margin requirements would disappear. 

Of course if you’re wrong and the contracts do not come back into the money, then your margin becomes a realized loss.

That’s the real problem that is being addressed here – the possibility that these “margin deposits” become not speculative but rather realized losses.  Berkshire could avoid this by declaring bankruptcy if it was to run into trouble in the future sticking the holder of these PUTs with the inability to collect.

This is a lopsided “heads I win, tails you lose” proposition that is at the heart of why these contracts need to be on an exchange – all of them.  Berkshire wrote these contracts never expecting to have to actually perform, based on their analysis of historical precedent.  Since these are European-style options (as a custom derivative) they cannot be exercised early, but since they’re effectively PUTs on the S&P 500 they’re based on a standard reference and there is no reason not to post them on an exchange.

Doing so means that the person holding them can trade against their “in the money” position while Berkshire is forced to prove capital adequacy now and forevermore during the time of their validity. 

This is exactly how it should be and is in the regulated commodities, futures and options markets.

Berkshire’s request for “special treatment” must be denied.

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