Tag Archives: wall street

The Benefits of Financial Regulation

Harvard Magazine recently published an article regarding bank regulation. Like many articles (in fact, like the vast majority of articles I’ve seen), it makes the case that the current situation virtually guarantees another financial meltdown, since all major financial institutions now have implicit government backing, under the “too big to fail (TBTF)” doctrine. However, this article is a little different than many because it’s written not by a journalist, but by David Moss, a professor at Harvard Business School, which is, of course, the main source of the overconfident financiers who created the recent meltdown.

Professor Moss suggests a number of solutions to the TBTF problem and the moral hazard it creates. Most of these suggestions revolve around making the implicit guarantee an explicit one, with transparent limits and with the government charging for the guarantee. He would also add a tight regulatory regime.

The most interesting thing about Moss’ article was the graph I’ve inserted below. This graph has the date on the X axis, from 1864 to 2000. The Y axis shows the number of bank failures during each year. As you can see, bank failures were a regular occurrence in the American economy until 1932, when in the wake of the Great Depression a whole series of regulations were implemented, including Glass-Steagall. Then there is a long, calm period with very few bank failures, running up to the early 1980’s, when bank deregulation began under the Reagan administration. This graph speaks volumes.

Bank Failures Over Time

Bank Failures Over Time

Bank CEOs and Republicans are arguing strenuously against new bank regulations. CEOs have a good reason: they want to make as much money as possible. But Republicans are fighting regulation simply because they have an ideology that regulation is inherently bad. I think the last two years have proven this ideology wrong, but even if you don’t buy that, it’s hard to argue with the chart. So the question for Republicans is whether they are going to look at 136 years of data, or listen to the anti-government ramblings of people like former exterminator and creepy dancer Tom Delay, or fact-hindered quasi-philosopher Ayn Rand?

Bankers Moving for Higher Pay? Go Ahead!

A recent item in the Wall Street Journal talked about how British banks are pushing back against any sort of regulation on pay practices, saying that such regulation “will harm competitiveness, as jobs and tax revenues move to friendlier climates.” Wall Street banks are saying the exact same thing to Washington. My question is: where exactly are they going to move? Is the talent going to run to Bear Stearns or Lehman? Clearly not. After all the recent layoffs, there are fleets of unemployed bankers ready to replace anyone on a trading desk. But maybe the talent will move offshore, to Paris or Zurich or Tokyo – any place that doesn’t limit compensation. Really? They are going to take their kids out of Greenwich Country Day School, quit the country club, and move around the world? Some will, sure, but the majority won’t. The uproar from kids and spouses alone will force most of them to stay put. For those without families, I would think that the concept of living in a social democratic country makes moving a non-starter.

$100 Million Bonuses Should Not Exist

My headline refers to the $100 million bonus that Andrew Hall, the head of Citigroup’s Phibro commodities trading group, is reputedly due this year. This bonus is in addition to the $100 million he was paid last year. Mr. Hall has a profit sharing formula to determine his pay, and his group is very profitable; hence the huge paydays.

When I say that such a large bonus should not exist, I am not referring to the controversy of whether a bank that has received so much taxpayer aid should honor Hall’s contract and pay such a large bonus (although they probably shouldn’t) or whether it is in any way appropriate for a society that pays teachers and firemen $50,000 per year to pay a guy $100 million to speculate in oil futures (duh: it isn’t appropriate, and in fact is obscene).

No, I say that such a bonus shouldn’t exist because economic theory says it shouldn’t. Under classic microeconomics [as I learned in Professor Bresnahan’s Firms and Markets class), if a firm is making outsized profits, other firms will see those profits and enter the market. The competition will reduce returns until profitability is in line with the industry.

If Phibro is repeatedly paying Hall $100 million per year, it’s safe to say that their profits are awesome, and thus outsized. There certainly isn’t a lack of traders and capital on Wall Street, all chasing returns. Hedge funds alone have $1.4 trillion in capital. So why isn’t the competition battering Phibro? I don’t know the answer, but here are a few possibilities:

  1. There is some sort of barrier to entry. It’s not capital, because plenty of people have that, but maybe there is a regulatory hurdle. Perhaps the few entrants in oil trading have figured out a way to maintain an oligopoly and thereby restrain competition.
  2. Maybe everyone in the oil trading business is insanely profitable, but only Hall has the sort of contract that pays him such a huge sum. It could be so easy that if I started swapping a few oil futures, I too could make millions.
  3. Or, it could just be that Hall and the folks at Phibro are really that much better than anyone else in the industry.

Again, I don’t why, but I do know that the only way a person should be able to consistently make that much money is if they are an absolute superstar or if they have figured out a way to restrain trade, which is usually illegal. Given the ways of Wall Street, if I had to pick one of those answers, I’d guess the slimy one.

Austin, TX Sticks it to Wall Street

The Wall Street Journal ran a great article on Thursday about how a small investment firm in Austin made a clever trade at the expense of some of the biggest Wall Street firms. Amherst Holdings wrote credit default swaps on a specific pool of mortgages, which had $29 million in loans outstanding out of an original pool of $335 million. Because these remaining loans were the dregs of the pool, everyone assumed they would default. So JP Morgan and Bank of America and their pals were willing to pay 80-90% of the face value for insurance that would give them 100% on default, apparently assuming that their own genius would allow them to book a risk-free 10-20% return.

Because people can buy these swaps without owning the underlying bonds, Amherst wrote about $130 million of the swaps, pocketing $104 million to $117 million. With the proceeds, Amherst went and paid off all $29 million of the mortgages. Therefore, there were no defaults, the swaps expired worthless, and Amherst got to keep all the proceeds. Genius! According to the WSJ, the big banks are “seething” at being outwitted by a Texas runt, and are complaining to various authorities. Wait, aren’t these the same banks who are lobbying against regulation of credit default swaps? And now they are complaining to the authorities? Stop crying like whiny little babies and take your losses. Welcome to the new world, masters of douchebaggery.

Wall Street Has Gone Too Far

In the wake of the financial meltdown there has been continued tension between Main Street and Wall Street; between the working class (and the politicians who represent them) and the financiers (and the lobbyists who represent them). Despite the commentary from populists such as me who have been railing against Wall Streeters continuing to pay themselves huge bonuses, some of this tension has been between legitimate positions of free markets versus genuine concern about greed and income inequality.

But now the financiers have gone too far. First was an article last week saying that some big banks are looking at participating in the government’s PPIP (Public Private Investment Program) in order to buy their own toxic assets. Wait…so they are going to borrow cheap money from US taxpayers, and then use it to buy their own assets, with US Treasury backstopping on their losses? That is appalling without even considering the obvious conflict of interest regarding what price the assets are sold for. You have got to be kidding me.

Then today’s NY Times reports about the extensive lobbying effort that the big NY banks have launched to limit regulation of derivatives. You remember derivatives – the financial “weapons of mass destruction” that were a huge cause of the meltdown? The big banks make a ton of money on derivatives, and they don’t want that gravy train derailed. And since when they lose money, the taxpayers bail them out, they are clearly in support of the status quo. So they formed a lobbying organization and hired a big-name lawyer to lead the charge, paying him over $400,000 for four months of work. Now they are lobbying Congress to water down any sort of regulation of derivatives.

For banks that received taxpayer bailouts to now be spending money lobbying to avoid regulation on the very products that caused them to require bailouts? No way. It is time for Congress, and for the Obama administration to say “Fuck you, Wall Street.” The big banks make billions in profit on unregulated derivatives? Too damn bad. So maybe some traders will only make $2 million per year instead of $10 million. Tough shit. The Treasury Department-Wall Street axis of greed has to stop, and it has to stop now. President Obama, it’s time you step up to the plate on this.

Added bonus links: 1) Paul Krugman on how Reagan-era decisions on deregulation set the stage for financial catastrophe; and 2) a hilarious piece on Harvard Business School students taking a pledge to serve “the greater good” instead of their “narrow ambitions.” The money paragraph is the last one, with a quote about principles from a woman who is taking a job at Goldman Sachs, one of the leaders of the lobbying effort excoriated above. Oh, HBSers, it’s such a shame that you don’t understand irony.

Greed: It’s Not Just For Wall Street

After my last post, full of invective against greed by Wall Street bankers and corporate chiefs, it’s only fair that I mention that we are all guilty of some greed. When President Obama said in his inaugural address that the current financial crisis is a result of “our collective failure to make hard choices and prepare the nation for a new age,” he wasn’t just talking about Wall Street. “Collective” means all of us, and we all share some blame. Or if not actually “all,” at least most of us.

Most of us were on a consumption binge of one sort or another. Some were buying things they didn’t need, others were buying things they couldn’t afford. The most obvious, and painful, example, is in the housing market. Folks bought more house than they could afford, and often more than they needed, seduced by low teaser rates, or by the chance to get a big win by selling it later. Others bought houses purely as investments, planning to flip them, only to be squeezed by rising mortgage payments and falling housing prices. Some refinanced with foolish mortgages, so they could “take money out of the house” and use the tax-subsidized proceeds to buy consumer products.

But it wasn’t just houses. We bought giant flat screen TVs, charging them to our credit cards. We drove around in monstrous Ford Excursions (financed by the geniuses on Wall Street), burning a gallon of gas every 15 miles. We drank bottled water instead of tap, we carried Coach purses, we stayed at 4 Seasons hotels when our income was purely Hamptons Inn.

While the Wall Street big shots may have taken huge bonuses with our tax dollars, they weren’t the only ones looking for the big score. We all wanted some goodies, whatever our income level. Those days are over. The goodies are nice, if they haven’t been repossessed, but we can’t afford them anymore. We couldn’t afford them then, which is the whole point. The days of living beyond our means are over. That doesn’t mean we’re going to be in yurts, heated only by burning cow manure. It just means that maybe we don’t need to have the biggest and newest, all the time.

Obama: Greed is “Shameful”

This is the second in a series of posts about the need for Americans to step up and be more responsible. We all knew this need was coming – it has been a theme running through many of my posts – but when President Obama called it out during his inaugural address, I decided to address it more directly. My first entry in this series was about NIMBY attitudes preventing environmental projects from moving forward. Today’s entry is about greed, particularly among corporate executives and Wall Street bankers.

When Obama said during his inauguration that “what is required of us now is a new era of responsibility — a recognition on the part of every American that we have duties to ourselves, our nation and the world,” my guess is that he meant businesspeople too. And yet just three days after the inauguration, the Wall Street Journal ran an article about companies using dicey calculations to boost the value of pension payments they are making to senior executives. I won’t get into the mathematical details, but the basic story is that instead of using IRS rates to discount the value of future pension payments, companies are using their own rates, to generate a higher payment.

For example, one of the executives profiled, John Hammergren of McKesson, is due to receive $84.6 million, rather than the $66.4 million he would be paid using the IRS rate. This man made $38 million in 2008, $25 million in 2007 and over $10 million per year for the last several years. And on top of all this money he gets paid, he is due a pension payment of $66 million. But that isn’t enough…he seems to need even more money, so he monkeys with the numbers to boost that pension by another $20 million.

Merrill Lynch is a steady source of greed. First you have John Thain (am I the only one who thinks he’s a dead ringer for Mitt Romney?)

romn

spending $1 million to redecorate his office. His excuse: the redecoration was done during better times. Dude, if you’re spending $1 million of shareholder money on office decorations, you are being greedy, no matter how well your company is doing. Then there is Thomas Montag, who Thain recruited to Merrill from Goldman Sachs with a guaranteed pay package of $39 million for 2008. Mr. Montag’s debt unit lost $16 billion in Q4 of 2008. Because of those losses, taxpayers have had to invest over $20 billion in Bank of America to support its acquisition of Merrill, and agree to share losses on $118 billion in assets. But has Montag (who, let’s not forget, after 20 years at Goldman is already rich) offered to take less of his bonus? No way. Why? Because he is greedy.

Of course, the ultimate symbol of greed was the recent news that Wall Street bankers paid themselves $18 billion in bonuses while taxpayers bailed out all their companies. It was this act of greed that President Obama called “shameful.” And he was right. For bankers to insist on getting their multi-million dollar performance bonuses, when their companies clearly had not performed, and were taking taxpayer money to survive, is the apex of greed. Companies claimed that they had to pay bonuses to retain employees. Where were those employees going to go? Bear Stearns? Lehman? I don’t think so.

Look, I understand people wanting to make money. I understand the desire to be rich. But rich people grubbing for the last dollar…I have to ask: have you no sense of decency? Responsibility and duty – to the nation, to our neighbors – means sometimes leaving a little money on the table. If we are to “begin again the work of remaking America,” as President Obama encourages us to do, reducing greed is a good place to start. How can we expect to solve problems like Social Security, health care, or global warming if everyone is grabbing as much money as they can? Whether the sacrifice is flying commercial instead of private, or buying a 30″ flat screen instead of 50″, if we are going to build America back up we must all change our attitude from “I want it all now” to “I’d like most of it, but I’m willing to share.” Let’s show a little restraint and try to come together to solve some really difficult challenges.

Attack on Wall Street Follow Up

And I thought I was was harsh in saying that we should tax Wall Street folks on their bonuses from the last few years. The NY Times is reporting that if anger against big banks continues to grow, the next step will be criminal indictments. Which, by the way, I would support.

Attack on Wall Street

As the financial crisis continues, seemingly with no end in sight, I’ve noticed an ever increasing willingness to attack Wall Street, and to blame the big investment banks for the difficult times many parties are finding themselves in.

For example, check out this Wall Street Journal article, in which consumers say that Wall Street failed them. The gist: investment firms developed more and more complicated products that pushed onto consumers the responsibility for their investments (eg. IRAs vs. pensions) and now those products are exploding. Or this one, describing how the Pennsylvania state pension fund may have to pay Wall Street firms more than $2.5 billion because of exotic investments that have gone bad.

This anger isn’t exactly surprising, nor is it necessarily misplaced – Wall Street firms seeking short term profits pushed dicey products – but what surprises me is how widespread it is. In those two articles alone, everyone from IT workers to professional investors are blaming Wall Street. And the Wall Street Journal itself is eagerly reporting on these complaints.

I wonder if this anger will spread to pushing for some sort of action. Certainly the Merrill Lynch board heard this anger when they rejected CEO John Thain’s request for a $10 million bonus this year, giving him zero instead. But maybe the anger will drive politicians to dig deeper. As I’ve noted before, the players in the financial house of cards have already taken tons of money off the table. We know all about CEOs and hedge fund titans making obscene amounts of money, but don’t forget that your average fixed income trader or salesman was probably bringing home over $1 million per year during the boom times. Will policy makers go after that money?

A retroactive tax on boom time earnings would feel like justice. It’s difficult to see the fairness of taxing the whole country while bankers keep their Hamptons houses. On the other hand, the precedent of invoking a punitive and backward looking tax seems dicey from a policy perspective. Would we reach back and punish people other times that their decisions turned out to be wrong? Would we separate those who know their bonds were crap from those who were just doing what their boss told them? Again, it’s questionable policy. But it would feel so good.