This article appeared in ATOL
on December 5, 2009 and in NewDeal2.0
on December 4, 2009
On December 2, 2009, the House Financial
Services Committee approved a bill to
regulate systemic risk in financial markets which, aside from proposing
a new systemic regulator, includes a little noticed proposal that when
any large bank fails in the future, it
should be placed into a resolution regime, with creditors losing up to
20% of the value of the debt. While haircuts are normally part of
any restructuring, haircuts have never been applied to the repo
market where banks raise short-term funds by lending out
assets. The new rule would destroy the repo market as a low cost source
of borrowed funds.
In September 2005, I wrote an article entitled: The Repo Time Bomb, Part
II of a multi-part series on Greenspan, The Wizard of Bubbleland,
in
which I observed:
"The repo market is the biggest financial market today.
Domestic and international repo markets have grown dramatically over
the last
few years due to increasing need by market participants to take and
hedge short
positions in the capital and derivatives markets; a growing concern
over
counterparty credit risk; and the favorable capital adequacy treatment
given to
repos by the market. Most important of all is a growing awareness among
market
participants of the flexibility of repos and the wide range of markets
and
circumstances in which they can benefit from using repos. The use of
repos in
financing and leveraging market positions and short-selling, as well as
in
enhancing returns and mitigating risk, is indispensable for full
participation
in today’s financial markets. ... ... Unless
the repo market is disrupted by seizure, repos can be rolled over
easily and
indefinitely. What changes is the repo rate, not the availability of
funds. If
the repo rate rises above the rate of return of the security financed
by a repo,
the interest rate spread will turn negative against the borrower,
producing a
cash-flow loss. Even if the long-term rate rises to keep the interest
rate
spread positive for the borrower, the market value of the security will
fall as
long-term rate rises, producing a capital loss. Because of the
interconnectivity of repo contracts, a systemic crisis can quickly
surface from
a break in any of the weak links within the market. ...
"... Mortgage-backed securities are sold to
mutual funds,
pension funds, Wall Street firms and other financial investors who
trade them
the same way they trade Treasury securities and other bonds.Many participants in this market source their
funds in the repo market. ... ... In this mortgage market, investors,
rather than banks, set
mortgage rates by setting the repo rate. Whenever the economy is
expanding
faster than the money supply growth, investors demand higher yields
from
mortgage lenders. However, the Fed is a key participant in the repo
market as
it has unlimited funds with which to buy repo or reverse repo
agreements to set
the repo rate. ...
" ... As with other financial markets, repo markets
are also
subject to credit risk, operational risk and liquidity risk. However,
what
distinguishes the credit risk on repos from that associated with
uncollateralized instruments is that repo credit exposures arise from
volatility (or market risk) in the value of collateral. For example, a
decline
in the price of securities serving as collateral can result in an
under-collateralization of the repo. Liquidity risk arises from the
possibility
that a loss of liquidity in collateralized markets will force
liquidation of
collateral at a discount in the event of a counterparty default, or
even a fire
sale in the event of systemic panic. Leverage that is built up using
repos can
exponentially increase these risks when the market turns. While
leverage
facilitates the efficient operation of financial markets, rigorous risk
management by market participants using leverage is important to
maintain these
risks at prudent levels. In general, the art of risk management has
been
trailing the decline of risk aversion.Up
to a
point, repo markets have offsetting
effects on systemic risk.
They can be more resilient than uncollateralized markets to shocks that
increase uncertainty about the credit standing of counterparties,
limiting the
transmission of shocks. However, this benefit can be neutralized by the
fact
that the use of collateral in repos withdraws securities from the pool
of
assets that would otherwise be available to unsecured creditors in the
event of
a bankruptcy. Another concern is that the close linkage of repo markets
to
securities markets means they can transmit shocks originating from this
source.
Finally, repos allow institutions to use leverage to take larger
positions in
financial markets, which adds to systemic risk. ...
"... Created to
raise funds to pay for the flood of
securities
sold by the US government to finance growing budget deficits in the
1970's, the
repo market has grown into the largest financial market in the world,
surpassing
stocks, bonds, and even foreign-exchange. ... ... The repo
market grew exponentially as it came to be used to
raise short-term money at lower rates for financing long-term
investments such as
bonds and equities with higher returns. The derivatives markets also
require a
thriving financing market, and repos are an easy way to raise
low-interest funds
to pay for securities needed for arbitrage plays.It
used to be that the purchase of securities
could not be financed by repos, but those restrictions have long been
relaxed
along with finance deregulation. Repos were used first to raise money
to finance
only government bonds, then corporate bonds and later to finance
equities. The
risk of such financing plays lies in the unexpected sudden rise in
short-term
rates above the fixed returns of long-term assets. For equities, rising
short-term rates can directly push equity prices drastically down,
reflecting
the effect of interest rates on corporate profits. ...
"... The runaway
repo market is another indication that the Fed
is increasingly operating to support a speculative money market rather
than following
a monetary policy ordained by the Full Employment and Balanced Growth
Act of
1978, known as the Humphrey-Hawkins Act. ... ...
Commercial banks profit from using low-interest-rate repo
proceeds to finance high-interest-rate “sub-prime” lending - credit
cards, home
equity loans, auto loans etc. - to borrowers of high credit risks at
double
digit interest rates compounded monthly.To
reduce their capital requirement, banks
then remove their loans from
their balance sheets by selling the CMOs (collateralized mortgage
obligations)
with unbundled risks to a wide range of investors seeking higher
returns
commensurate with higher risk.In
another era, such high-risk/high-interest loan activities were known as
loan
sharking.Yet Greenspan is on record for
having said that systemic risk is a good trade-off for unprecedented
economic
expansion. Repos are now one of
the largest
and most active sectors in the US money market. More
specifically,
banks appear to be actively managing their inventories, to respond to
changes
in customer demand and the opportunity costs
of holding
cash, using innovative ways to by-pass reserve requirements.
Rising
customer demand for new loans is fueled by and in turn drives further
down falling
credit standards and widens interest rate spread in a vicious circle of
unrestrained credit expansion. ...
"... A repo squeeze
occurs when the holder of a substantial position in a bond finances a
portion
directly in the repo market and the remainder with “unfriendly
financing” such
as in a tri-party repo.Such squeezes
can be highly destabilizing to the credit market.
The direct dependence of derivatives financing on the repo
market is worth serious focus.According
to Greenspan, “by far the most significant event in finance during the
past
decade has been the extraordinary development and expansion of
financial derivatives. ... ... At year-end 1998, US commercial banks
reported outstanding
derivatives contracts with a notional value of only $33 trillion, less
than a
third of today’s value, a measure that had been growing at a compound
annual
rate of around 20% since 1990. Of the $33 trillion outstanding at
year-end
1998, only $4 trillion were exchange-traded derivatives; the remainder
were
off-exchange or over-the-counter (OTC) derivatives.Most
of the funds came from the exploding
repo market. ...
"... By 1994, Greenspan was already riding on the back
of the
debt tiger from which he could not dismount without being devoured by
it. The
Dow was below 4,000 in 1994 and rose steadily to a bubble of near
12,000, while
Greenspan raised the Fed funds rate target seven times from 3% to 6%
between
February 4, 1994 and February 1, 1995, to try to curb “irrational
exuberance”.
Greenspan kept the Fed funds rate target above 5% until October 15,
1998 when
he was forced to ease after contagion from the 1997 Asian financial
crisis hit
US markets. The rise in Fed funds rate target in 1994 did not stop the
equity
bubble, but it punctured the bond bubble and brought down many hedge
funds.
Despite the Lourve Accord of 1987 to slow the Plaza-Accord-induced fall
of the
dollar, which fell to 94 yen and 1.43 marks by 1995. The low dollar
laid the
ground for the Asian finance crisis of 1997 by fueling financial
bubbles in the
Asian economies that pegged their currencies to the dollar.
...
"... Yet
in detached
language and calm tone, Greenspan has been saying that he does not
intend to
exercise his responsibility as Fed Board Chairman to regulate OTC
financial
derivatives intermediated by banks, even though he recognizes such
instruments
as being certain to produce unpredictable but highly-damaging systemic
risks.The justification for
no-regulation is: if we don't smoke at home, someone else offshore
will.
Moreover, risk is a price we must accept for a growth economy.It sounds like that the Fed expects that each
market participant or even non-participant individually to take
measures of
self-protection: either miss out on the boom, or risk being wiped out
by the
bust. It is unpatriotic, not to mention
dumb, not to participate in the great American game of downhill racing
risk-taking. With the rise of monetarism, the Fed, together with the
Treasury Department, have evolved from traditionally quiet functions of
insuring the long-term value and credibility of the nation’s currency,
to
activist promotions of speculative boom fueled by run-away debt,
replacing the
Keynesian approach of fiscal spending to manage demand by sustaining
board-based income to moderate the downside of the business cycle.
Never
before, until Greenspan, has any central banker advocated and
celebrated to
such a degree the institutionalization and socialization of risk as an
economic
policy. As Anthony Giddens, director of the London School of Economics,
explains in his The Third Way that so
influenced Bill Clinton, the New Economy president, and Blair, the
self-proclaimed neo-liberal market socialist: “nothing is more
dissolving of
tradition than the permanent revolution of market forces.” What the
Third Way
revolution did in reality was to restore financial feudalism in the
name of
progress. Debt has enslaved a whole generation of mindless risk-takers
with the
encouragement of the wizard of bubbleland. ...
"... In a speech on Financial
Derivatives before the Futures
Industry Association in Boca Raton, Florida on March 19, 1999,
Greenspan
said:“By far the most significant event
in finance during the past decade has been the extraordinary
development and
expansion of financial derivatives... ... the fact that the OTC markets
function quite effectively without the benefits of the Commodity
Exchange Act
provides a strong argument for development of a less burdensome regime
for
exchange-traded financial derivatives.” ...
"... Greenspan testified on
the collapse of Long Term Capital
Management (LTCM) before the Committee on Banking and Financial
Services, US
House of Representatives on October 1, 1998, a month after the collapse
of the
huge hedge fund:
“While their
financial clout may be large, hedge
funds’
physical presence is small. Given the amazing communication
capabilities
available virtually around the globe, trades can be initiated from
almost any
location. Indeed, most hedge funds are only a short step from
cyberspace. Any
direct US regulations restricting their flexibility will doubtless
induce the
more aggressive funds to emigrate from under our jurisdiction. The best
we can
do in my judgment is what we do today: Regulate them indirectly through
the
regulation of the sources of their funds. We are thus able to monitor
far
better hedge funds’ activity, especially as they influence US financial
markets. If the funds move abroad, our oversight will diminish.We have nonetheless built up significant
capabilities in evaluating the complex lending practices in OTC
derivatives
markets and hedge funds. If, somehow, hedge funds were barred
worldwide, the
American financial system would lose the benefits conveyed by their
efforts,
including arbitraging price differentials away. The resulting loss in
efficiency and contribution to financial value added and the nation’s
standard
of living would be a high price to pay--to my mind, too high a price…
“…
we
should note that were banks required by the market, or their regulator,
to hold
40 percent capital against assets as they did after the Civil War,
there would,
of course, be far less moral hazard and far fewer instances of
fire-sale market
disruptions. At the same time, far fewer banks would be profitable, the
degree
of financial intermediation less, capital would be more costly, and the
level
of output and standards of living decidedly lower. Our current economy,
with
its wide financial safety net, fiat money, and highly leveraged
financial
institutions, has been a conscious choice of the American people since
the
1930s. We do not have the choice of accepting the benefits of the
current
system without its costs.”
During the weekend of September 13, 2008 a presentation prepared by
Lehman
titled
“Default Scenario: Liquidation Framework,” predicted, among
other things, that a bankruptcy would trigger a freeze in the
broader repo market. “Repos default,” the report read, “Financial
institutions
liquidate Lehman repo collateral. Repo defaults trigger default
of a significant amount of holding company debt and cause the
liquidation of hundreds of billions of dollars of securities." Repo
collateral caused what might have been the tensest
moment of the weekend, according participants.
While poring over Lehman’s mortgage portfolio on Saturday,
a Goldman Sachs partner, Peter S. Kraus, accused JPMorgan Chairman
Dimon of being too aggressive in
demanding more collateral and margin from other banks to cover
declining values. JPMorgan, as a clearing bank, holds collateral
for other banks in tri-party repo
transactions. When the value of the collateral declines,
JPMorgan can require a borrower bank to post more or higher
quality assets so the lending bank is protected.
The Fed was sufficiently anxious about a
standstill in repo
funding that on Sunday, September 14, that it temporarily modified Rule
23(a) of the Federal Reserve Act to allow banks to use customer
deposits to fund securities they couldn’t finance in the repo
market. That change, scheduled to expire in January, was extended
through Oct. 30.
On the same day, the Fed announced that in
exchange for loans
it would take the same collateral that private repo
counterparties accepted. Instead of demanding only investment-
grade securities, the central bank would take the toxic mortgage-backed
bonds
that had sparked the financial crisis.
The Fed arranged for Lehman’s broker-dealer unit
to remain
open after the bankruptcy filing to allow for repo deals to be
resolved in an orderly way.
On Monday morning, September 15, the short-term
financing market that normally would be busy as companies renewed their
loans, instead was eeriely quiet. No one was lending. The entire
global market had frozen.