Wednesday, August 10, 2011

An open letter to the ECB and Market Group concerning the ABS Data Warehouse

Dear Sirs,


Based on publicly available information, including the ECB's public consultation and its letter encouraging the development of an ABS data warehouse, it appears highly likely that the proposed ABS data warehouse will violate my firm's US patent.  The patent covers the basic function of the data warehouse from collection and standardization of the issuer's data through dissemination.

How could a European ABS data warehouse violate a US patent?  By violating the patent holder's right to be the single entity that can sell the product, in this case ABS performance data, in the US.  

As you know, each ABS security is designed to appeal to as many investors as possible.  This includes US investors ranging from money market mutual funds to banks to pension funds to hedge funds.  These US investors would be logical buyers of the ABS performance data  which the patent holder has the right to sell.

Let me use an example to try to clarify this point.  Imagine that there was a US patent on a trailer hitch.  A European manufacturer sees the hitch and starts manufacturing and selling it in Europe.  So far, there is no problem.  Could the European manufacturer sell the hitch in the US without violating the patent?  To date, US courts have rule "no".  Where the product is manufactured does not change the patent holder's rights.

How is it that firms like LoanPerformance have been able to sell ABS security performance data in the US without violating the patent?  The patent covers an ABS data warehouse that offers current performance data and not once-per-month or less frequent data.

To date, the ECB and the Market Group have been focusing on once-per-month data, so why is the patent relevant?  Because once-per-month data is not adequate for European investors to meet the know what you own requirements under Article 122a of the European Capital Requirements Directive.

The rating services have testified to the inadequacy of once-per-month or less frequent data before the US Congress.  The rating services observed that once-per-month data is not timely enough to update ratings or their equivalent, ABS security valuations.  

If once-per-month is not timely enough to update ratings on an ABS security, it is common sense that once-per-month is not timely enough for investors to meet the European Parliament's intentions when it comes to the know what you own requirement. 

As a result, the ABS data warehouse will have to offer more timely data.  When moving to more timely data, there is no logical stopping point between once-per-month and current data.  The same current data that is covered by the patent.

I look forward to talking with you about this issue in the near future and working with whoever operates the ABS data warehouse.

Sincerely,

With solvency in doubt, broad decline in European banks [update]

A Bloomberg article reported on how the decline in European bank stock prices is related to questions about solvency - both of the host countries and the individual banks.
European stocks fell to a two-year low amid speculation the region’s debt crisis is spreading... 
Societe Generale (GLE) SA, France’s second-biggest lender, plunged 15 percent as a measure of banks tumbled the most in two years.... 
The benchmark Stoxx Europe 600 Index slid 3.7 percent to 223.71 at 4:34 p.m. in London, erasing an earlier advance of 2.2 percent. The measure entered a bear market on Aug. 8 and has declined 23 percent from this year’s high on Feb. 17 on concern that Europe will fail to contain its sovereign-debt crisis and that the U.S. economic recovery is faltering....
France’s top credit grade was affirmed by Standard & Poor’s, Moody’s Investors Service and Fitch Ratings as yields on the nation’s debt climbed on concern that Europe’s sovereign debt crisis is intensifying. 
Banks retreated 6.6 percent, the most since March 2009. Societe Generale lost 15 percent to 22.13 euros, the biggest drop since October 2008. BNP Paribas (BNP) SA, France’s largest lender, sank 9.7 percent to 35.53 euros and Credit Agricole SA (ACA) plummeted 13 percent to 5.97 euros, a two-year low. 
“Societe Generale issued a warning recently, which makes it very vulnerable to market rumors and that’s why the stock is getting hit today,” said ETX Capital’s Huber. The French bank said on Aug. 3 that it may miss its 2012 earnings target after second-quarter profit fell 31 percent because of a writedown on Greek government debt. 
Societe Generale “categorically denies all market rumors,” Emmanuelle Renaudat, a spokeswoman for the bank said. 
Banco Santander SA (SAN), Spain’s largest lender, declined 6.3 percent to 5.95 euros. UniCredit SpA (UCG), Italy’s biggest bank, fell 7.5 percent to 98.65 cents, while Intesa Sanpaolo SpA (ISP), the second-largest, slumped 11 percent to 1.17 euros.
Update

A Telegraph article provided a lot more on the French bank solvency crisis. 

The political drama came as swirling rumours set off a collapse of French bank shares.
Société Générale fell 21pc before recovering partially, plagued by fears that it may be heavily exposed to tumbling global stockmarkets through its role in the equity derivatives market. Credit Agricole closed down 13pc, and BNP Paribas fell 10pc. 
French banks have €410bn (£360bn) of exposure to Italy alone according to the Bank for International Settlements. The twin crises in France and Italy are now intimately linked and appear to be feeding on each other. 
The MIB index on the Milan bourse fell 6.7pc as the euphoria following the European Central Bank's intervention in the Italian bond markets gave way to angst that the EU bailout machinery may not be large enough to back stop the whole of southern Europe. 
France's CAC 40 closed down 5.5pc. 
Morgan Stanley said the flight from French bank equities was "overdone". 
BNP Paribas does not need to tap the capital markets this year, while SocGen is 93pc funded. The European Central Bank has kept its lending window open and offered a 6-month tender. 
Julian Callow from Barclays Capital said the credibility of the €440bn rescue fund (EFSF) depends on France retaining its AAA rating. 
That is now highly questionable despite assurances from all three rating agencies on Wednesday that nothing had changed. 
"The debt ratios of the US and France are very similar. France also suffers from economic rigidities and now has this extra burden of the EFSF. People are asking themselves whether S&P can downgrade US without downgrading France," he said. 
Mr Callow said France has a current account deficit of 3pc of GDP, unlike other members of the eurozone core. This is a sign of slipping competitiveness and a warning that France may struggle to carry the burden of escalating bail-outs. 
French industrial output fell by 1.6pc in June and economic growth ground to a halt in the second quarter, further eroding budget finances. 
The fiscal deficit was running at 7pc of GDP in the first half. It will take draconian cuts at this point to meet the 5.7pc target agreed with the EU. 
With Spain, Britain, and even Italy now forcing the pace on austerity, France cannot appear nonchalant. Italy's premier Silvio Berlusconi met union leaders on Wednesay to forge a deal on €20bn of anti-deficit measures and labour reforms demanded by the ECB. 
He has recalled parliament to vote on a balanced budget amendment to the constitution. 
The ratings agencies are under intense pressure in Europe and may no longer be able to carry out their work effectively. Italian prosecutors have raided the offices of S&P and Moody's in Milan, accusing them of issuing "false and unfounded judgements" on the Italian financial system. 
S&P said the accusations are "without any merit" 
The Procura di Trani said the agencies had jumped the gun by issuing a report in early July on draft budget proposals. 
Three analysts from S&P are accused of "market manipulation" and "abuse of privileged information" by issuing "inaccurate" reports over a period of several months. 
This sort of judicial action against rating agencies is highly unusual. If it is shown in any way that the charges are politically motivated, the episode may inflict damage to Italy's reputation as a safe place to conduct business. 
Marchel Alexandrivich from Jefferies Fixed Income said investors are worried that the latest contagion to France could bring the eurozone's bubbling problems to a head in a dramatic fashion. 
"If France is dragged into the problem, then we will hit crisis point. They will either have to move to a full-blown eurobond -- and German politicians are set against that -- or face a break-up. There is a significant chance that the euro will no longer exist in its current form within twelve months," he said.

Tuesday, August 9, 2011

Will FairHolme's Bruce Berkowitz select my disclosure question for BofA's Brian Moynihan?

FairHolme's Bruce Berkowitz asked for a difficult question to ask BofA's Brian Moynihan on a conference call.  Your humble blogger submitted the following question for Mr. Moynihan.
You claim that BofA is financially strong, will you disclose your current asset and liability level data so that market participants can analyze this information and confirm or deny your claim?

Ken Rogoff confirms that "bullets yet to be fired" to end solvency crisis

It is one thing when your humble blogger began saying four years ago that we are in a solvency crisis and that the bullets to end this crisis begin with disclosure.

It is entirely another when Professor Ken Rogoff weighs in and confirms your humble blogger's diagnosis of a solvency crisis and the solution to this crisis.  Professor Rogoff did this in a Financial Times column titled "the bullets yet to be fired to end the crisis'.
Four years into the financial crisis, it is becoming increasingly clear that the biggest deficit is not in credit, but credibility. Markets can adjust to a downgrade of global growth, but they cannot cope with a spiralling loss of confidence in leadership and a growing sense that policymakers are disconnected from reality.
Regular readers of this blog know that this loss of confidence and growing sense of disconnect from reality are a direct result of the solutions that have been tried to end the crisis.  All of the solutions have failed, but not without some unintended consequences like moral hazard.
What needs to be done to move away from the precipice? 
Understand that we are dealing with a solvency crisis and not a liquidity crisis.
At the root of today’s credibility deficit is ... policymakers count[ing] on rapid post-crisis recovery to help them avoid painful decisions on how to deal with badly overstretched private and public balance sheets, whether household debts in the US or sovereign debts in the periphery of Europe...
Every effort to delay a critical decision has ended unsatisfactorily.... further undermining the [policymakers'] credibility. 
The classic example of policymakers destroying their credibility is the European bank stress tests.  When they were run last year, they gave a passing grade to banks in Ireland that were subsequently nationalized.  When they were run this year, they gave a passing grade to banks in Spain and Italy.  Within a month, these banks are under pressure as neither Spain or Italy can access the capital markets for sovereign debt without ECB intervention.
By far the main problem is a huge overhang of debt that creates headwinds to faster normalisation of post-crisis growth – that is why post-financial crisis growth is typically very slow. It is better to think of the global economy as going through a “Second Great Contraction” (the Great Depression being the first) involving credit and housing, and not just output and unemployment.
It is not just the debt overhang that creates headwinds, but the fact that market participants know that a significant percentage of this debt is to borrowers who cannot repay.  As a result, market participants want to know who is solvent and who is insolvent prior to investing as this has a direct relationship to the probability of the market participants getting their investment repaid.

Before market participants are going to invest their money, they want to know if it is going to fill the black hole of insolvency or invested in growing the business.
... Everyone agrees that bold action is required, but what kind of bold action?
... The most direct remedy, of course, would be to find expeditious approaches to cleaning up balance sheets whilst maintaining the integrity of the financial system. 
Disclosure of all the useful, relevant information in an appropriate, timely manner is the bold, expeditious approach.  It is also the necessary and critical first step to addressing solvency.

With disclosure, market participants can know:

  1. Who is solvent and who is insolvent. 
    1. Who is insolvent now, but has a business model that will allow them to recover over time;
    2. Who is insolvent now and needs an equity injection or a debt write-down to return to solvency; and
    3. Who is insolvent know and needs to be wound down.
Professor Rogoff summarizes his argument by saying

If policymakers can at least get the diagnosis right, it would be a major step on the road to recovery. After a long series of half-steps and mis-steps, policymakers’ options are narrowing, but they are not out of bullets. Debt writedown schemes... can still substantially shorten the normally long window of slow post-financial crisis growth. 
At this critical juncture, leaders must not only get off the sidelines, but must finally address the problems of a Great Contraction – not a large but otherwise conventional recession.

Monday, August 8, 2011

The great reprieve ends as the great credit contraction continues

In his Telegraph column, Ambrose Evans-Pritchard described the end of the "Great Reprieve" that policymakers bought for western economies at the start of the credit crisis.  As Ken Rogoff pointed out in Thomas Friedman's NY Time column, while this economic reprieve was going on, the "Great Credit Contraction" continued.

According to Professor Rogoff,
[T]he real problem is that the global economy is badly over-leveraged, and there is no quick escape without a scheme to transfer wealth from creditors to debtors, either through defaults, financial repression, or inflation. ... 
It is not a wealth transfer when a debtor defaults.  It is a realization of an investment loss from granting credit in excess of what the borrower could repay.  Both the creditor and the debtor lose.

For example, think of the investor in a mortgage and the individual who used the mortgage proceeds to buy a house.  When the individual defaults, the borrower loses the house and any money the borrower invested in the house.  The creditor loses the difference between the outstanding balance of the mortgage and what the house can be sold for in foreclosure.
“The aftermath of a typical deep financial crisis is something completely different [from a recession] ... It typically takes an economy more than four years just to reach the same per capita income level that it had attained at its pre-crisis peak. ... Many commentators have argued that fiscal stimulus has largely failed not because it was misguided, but because it was not large enough to fight a ‘Great Recession.’ But, in a ‘Great Contraction,’ problem No. 1 is too much debt.” 
Until we find ways to restructure and forgive some of these debts from consumers, firms, banks and governments, spending to drive growth is not going to come back at the scale we need. 
This raises the question of what exactly did we do during the Great Reprieve to address the issue of over-leverage and its related issue of solvency.

Primarily, policymakers kicked the can down the road and prayed for a miracle.

I say this because of the failure by policymakers to put in place the necessary and sufficient condition for addressing the issue of over-leverage.  This condition is disclosure of all the useful, relevant information in an appropriate, timely manner.

For financial institutions, this would be disclosure of their current asset and liability-level data.  For structured finance securities, this would be disclosure of the performance of their underlying collateral.

With disclosure, market participants could know who is holding the losses and it would be possible to choose a path forward for the global economy.
Our challenge now, therefore, is to deleverage the economy as fast as possible, while, at the same time, getting back to investing as much as possible in our real pillars of growth so our recovery is built on sustainable businesses and real jobs and not just on another round of credit injections.
It is only with disclosure that we can reduce the leverage in the economy as fast as possible while also investing for growth.  Disclosure is necessary so investors know whether their investment in financial institutions is filling the black hole of insolvency or is supporting lending needs of sustainable businesses.

Things can get better if leaders make the right policy choices

The Guardian ran an interesting column on the leadership vacuum that has accompanied the credit crisis.

When the credit crisis began in 2007, governments adopted the policy of protecting the banking system at all costs.  They interpreted this policy as meaning that they must protect the status quo.  Hence, the moral hazard of too big to fail.

Unfortunately, this policy carried with it an unintended consequence.  The act of protecting the status quo meant not coming to grips with the "toxic" assets on the banks balance sheets, but instead adopting Japanese policies that have resulted in lost decades.

The role of markets is to establish a clearing price.  But how are markets, like the residential or commercial real estate market, suppose to establish a true clearing price when they know that supply is being artificially reduced (banks are not forced to recognize the losses) and demand is being artificially boosted (due to government policies like low interest rates)?

The answer is that markets do not function under these conditions.

Market participants know that following the policies that Japan has implemented since its real estate bubble burst is a prescription for lost decades.  In their desire to protect the status quo, western governments have managed to reproduce the results of Japan's policies - we are looking at lost decades.

There is however a way out of the policies that contribute to lost decades.  It is to implement the same advice that the US freely gave to Japan at the start of its credit crisis.  That advice was to recognize losses.

Obviously, it was easier for the US to give the advice than act on it when faced with the same problem.

It is not too late for the US and western governments to take their own advice.  Doing so would lead to the brighter future that everyone wants.
The cry goes up: this crisis is a moment for leadership. And of course that is true .... But if leadership is needed then to where, and with whose consent? 
In the face of financial apocalypse ... They rub against the progressive expectation of democracy: that tomorrow can be better than today. Perhaps that isn't always true. 
Despite their differences, capitalists, socialists, liberals and conservatives are united by a common idea. It is the assumption of linear progress for human civilisation: the belief, seldom stated because rarely challenged, that things can only get better or – if they seem not to be – can get better if we choose the right policies. 
To this way of thinking, a turn for the worse is seen as a setback: a reason to condemn one set of politicians for choosing the wrong policies, and elect another instead who offer different ones. Normal service will be resumed shortly. We'll sort the problem out, maybe try a new tack – and continue on an upward path. 
For several centuries the west has been right – most of the time – to assume this rule applies.  
It may still be right to assume it now.... But behind the sloth of a European elite on holiday as so much goes wrong lies a miserable possibility. Perhaps no G7 summit, no telephone call, no brilliant speech by Barack Obama, no amount of breezy calm from Cameron, no hammering by Ed Balls, can break paralysis. 
The terror of the financial crisis is not that it requires a series of complex policy responses which, if followed, will set the world economy back on a path to growth. It is that no amount of fiddling may do anything other than delay the judgment: and the sentence is decline. 
What, once summoned back to their offices, do we expect ministers to do? Fix the financial meltdown, of course. But how? Through a tax rise, or a tax cut? More austerity, or a spending boom? By permitting a United States of Europe with one government and one debt, or by busting up Europe into many currencies? By appeasing the markets or defying them? 
No one can agree, of course, but it's worse than that: no proposed strategy carries complete conviction even with those who propose it. There is a thundering absence of bright ideas, of the "hey, here's how" variety. Hence the frightening silence. 
Actually, this blog has been discussing the very bright idea that the government leaders should be looking for.

The result of implementing the FDR Framework is not decline, but a very bright and stable future. 
Yesterday eurozone leaders talked; today they may buy some Italian bonds and perhaps tame the markets temporarily; but few think this will do anything other than carry us on to the next disaster. 
That is because it is a policy that addresses a symptom and not the underlying solvency problem.  Until solvency is comprehensively addressed, it will weigh on the global economy.
We want government and we need government, but perhaps we are wrong to hope that government will always be able to protect us.
Under the FDR Framework, government is not suppose to "protect us".  It is suppose to make sure that all the useful, relevant information is made available in an appropriate, timely manner so that we can protect ourselves.  For good measure, it allows governments to make use of the analytical capabilities of the market to step in when imbalances start to develop.
... Yet it runs against the grain of the politician's job to promise voters a poorer tomorrow. 
Democracy depends on there being competing sets of positive possibilities. 
Cameron appealed most in opposition when he attempted to associate his party with optimistic plans for the future. But he has found himself leading a government which has come closer than any other in recent times to believing itself to be powerless. 
The implicit message from the coalition is that the best Britain can do in this storm is avoid drowning, while others, worse off, sink.  It may be good policy but it is a peculiarly lowering way to behave. 
The prime minister has found himself on the pessimistic side of politics, as he never intended to be. He must explain to a nation which wants decent state provision of services, that this (in his view) is no longer possible, and to people looking for a plan for growth why all he has to offer is the removal of obstacles to business. Maybe, if the world grows, that will help us. But it is not much use now. 
In prior posts, this blog has discussed that austerity related policies carry with them their own economic headwind.  Their biggest flaw is that they do not address what is the problem with the economy.  The problem is the failure to address the "toxic" assets (broadly defined) that are clogging up the financial system and making it impossible for markets to operate without massive government intervention (as oppose to regulations).
When historians look back on this period what will stand out most is the absence of political heroes. No one – not even Obama, who is the closest thing the world has to a leader – seems able to turn present disaster into a sense of future possibility. We are left with politicians who have persuaded themselves that there is nothing significant they can do to rescue their citizens from crisis. 
"The markets caused the trouble. Now the markets must put things right," Angela Merkel's office said on Friday evening: and that from the one person in Europe with the cash to respond.
It was not the markets that caused the trouble.  It was the failure of regulators that caused the trouble.  Rather than ensure disclosure, regulators decided that markets should police themselves.

The lesson of the Great Depression is that Wall Street will sell opaque products that investors cannot properly analyze if regulators allow it.  Regulators allowed it and the result has been massive damage to the financial system.
... But the routes away from this disaster involve things that will be unpopular: higher taxes, lower spending, the controlled impoverishment of people conditioned to believe their lives would get better. It's no surprise politicians shy away. 
This is a list of the routes that Wall Street wants away from the crisis.  Notice how none of these ideas actually addresses the problem of solvency.

Disclosure does not require higher taxes, lower spending or the controlled impoverishment of people conditioned to believe their lives would get better.

Disclosure addresses the solvency problem and allows markets to operate without Wall Street extracting an opacity premium because of a non-market making informational advantage.

Wall Street naturally does not want anyone to address solvency because it will also show a bright light on how Wall Street behaved prior to and since the crisis.

It is time to reassert sanity in the banking system

The Telegraph ran an interesting column by Bruce Anderson in which he calls for actually figuring out who is solvent and who is not solvent.

Until now, policymakers could always pull a new rabbit from their hat to try to buy time in the face of the solvency crisis. These efforts included bailing out financial institutions with direct equity investments, providing trillions of dollars of liquidity through zero interest rate policies, QE1, QE2, and purchase of securities; regulatory forbearance through suspension of mark-to-market accounting and adoption of extend and pretend for loan valuations; and fiscal stimulus.  All have been tried.  All have succeeded at buying time.  All have not prevented the re-emergence of the solvency crisis.

As this blog has repeatedly said, the only way to address the solvency crisis is through disclosure.  It is only when market participants have all the useful, relevant information in an appropriate, timely manner that they can determine who is solvent and who is not solvent.  More importantly, it is only when this determination has been made that it is possible to select a path forward.
The word economics comes from the Greek word for household management. Let us then draw a distinction between the real world of households, in which people work, consume, invest, save and borrow, and the artificial economic universe created by politicians and bankers....
When the banking crisis broke, everyone seemed to agree on the first vital task: an audit. The liabilities should be identified. Where necessary, the banks should be recapitalised. 
Once the central banks were seen to stand behind the banking system, there would be no more queues round the block while depositors sought to rescue their money. Calm would return and with it, bank lending at sensible levels.
This has not happened. It seems we are no nearer to identifying the toxic assets than we were at the beginning. Phase two of the banking crisis could be upon us at any moment. But even if it is too late to avert chaos, the toxicity must be tackled. 
Under central bank supervision, it may then be possible to segregate the overpriced assets in a so-called bad bank, so that they can be gradually written down and returned to the market at a realistic valuation. 
The central banks should also ensure that the banking system has enough liquidity ... Although there is a moral hazard in saving banks from the consequences of financial misjudgment, they were not alone in their illusions ... But it would help to placate the public if the costs of rescuing the banks fell as heavily as possible on the banks' senior officials, as well as on shareholders and bond-holders. 

Sunday, August 7, 2011

Genuinely bold solutions needed to address crisis in financial system

A Guardian column by Will Hutton provides an excellent summary of the solvency crisis that we have been in since 2008.  He highlights how bailouts and extend and pretend policies have not worked.  Finally, he calls for a bold solution to address the crisis.

Regular readers know that the bold solution needed to address the crisis is full implementation of the FDR Framework and its underlying disclosure requirement.

It is only when the market participants have the facts that a path forward can be confidently selected.  That confidence comes from the knowledge that everyone knows who is currently solvent and who is insolvent.  Everyone knows what is being done to either return the insolvent to solvency or, in the case of financial institutions, to wind them down.

My framework is called the FDR Framework because it was under his leadership that the philosophy of disclosure was brought to publicly traded stocks.  What is needed now are leaders who are willing to combine this philosophy of disclosure with 21st century information technology and apply it equally to all financial instruments.
What we have witnessed is a mass global flight from risk and an accompanying hoarding of cash on a huge scale. It was the worst week in the financial markets since the dark days of autumn 2008 at the height of the implosion of the western banking system – itself one of the worst periods since the early 1930s. 
But in important respects this week was worse. At least in 2008, governments could put their national balance sheets behind their respective banking systems to restore confidence. Now the fears are more deep-seated and far harder to counter. 
As the bailouts transformed a banking system solvency crisis into a solvency crisis for the host counties.
The markets have lost confidence that western governments can successfully manage the legacy of vast private debt and broken-backed banks without imposing huge and nameless costs. 
They don't know what the costs will be – perhaps a series of chain defaults on government debt starting in Europe, perhaps worldwide debt deflation, or even helplessly printing money to pay off public and private debts, so generating unmanaged and volatile inflation. But they know the costs will be huge. And unpredictable. 
It is not surprising that markets have lost confidence in western governments' ability to fix the solvency crisis.  The governments used their information monopoly to hide the extent of the solvency problem and instead engaged in a variety of extend and pretend policies.

As discussed previously on this blog, gambling on redemption has a number of problems.  This includes that the prayer for a miracle might not be answered prior to the underlying solvency problems re-emerging.

Compare this to implementing disclosure under the FDR Framework.  It lets market participants know exactly what are the costs and provides insight into how long it will take to fix the problem.
After all, Greece's eurozone creditors, who were part of the EU deal two weeks ago, accepted that Greece might not be able to pay its public debts in full. What about other countries in the eurozone, such as Italy and Spain, with even bigger public debts? Will their creditors be similarly hammered if the contagion spreads? 
And if individuals, companies and governments have collectively got too much debt that they cannot repay, whether inside or outside the euro, what prospects for the banks – and indeed any of their creditors – who lent the money? What is the extent of their writedowns or even potential bankruptcy? 
This is not a new credit crisis, but a continuation of the solvency crisis I predicted that began in 2007.
The markets have known these truths for some months but have trusted that policymakers in Europe and the US also knew the risks and also how to respond. In any case, it was hoped, global growth and the steady rebuilding of western banks' balance sheets would gradually allow the world to lower its massive debts and banks to remain solvent. But events of the past few weeks have shaken that faith to the core. 
Because the markets do not have access to all the useful, relevant information in an appropriate, timely manner, market participants are forced to trust the policymakers.

It was these policymakers choice to gamble with financial stability by abandoning mark to market accounting and not requiring banks to retain 100% of pre-bonus earnings.
The scale of the economic challenges that the western industrialised countries now confront may be impossible to handle.
With disclosure, the scale of the economic challenge would be known and market participants could move forward.

Without disclosure, the confidence of market participants is steadily eroded.
"No major advanced economy is doing anything to promote growth and jobs," says George Magnus, a senior policy adviser to investment bank UBS. He is right. 
Wherever you look, it is an economic horror story. Put bluntly, too many key countries – the UK in the forefront, with private debt an amazing three and half times its GDP, but followed by Japan, Spain, France, Italy, the US and even supposedly saint-like Germany – have accumulated too much private debt that cannot be repaid unless there is exceptional global growth. 
That looks ever more improbable. Yet without growth there are only three ways out. 
The first is to increase public borrowing to compensate for the collapse of private borrowing. Private spending is bound to be depressed as individuals and companies lower their borrowing – so for a time exports (as long as other countries are buying) and growing public debts are the only reliable avenue to promote economic growth. 
But now there is a veto on growing public debt – due to the Tea Party movement in the US, the collapse in confidence in the euro and Britain's conservative government – and export demand from Asia is slowing. 
The lessons from history are clear. Without publicly or privately generated growth there are only two other ways forward to pay down private debt after credit crunches: default or inflation, either containably managed or dangerously unmanaged. 
What has unnerved the financial markets is that if the world cannot grow we are moving ineluctably towards these options. In the US, where the recent downward revisions to its economic growth statistics show how alarmingly weak its recovery has become, there has already been $300bn (£183bn) of private debt write-offs, according to McKinsey Global Institute's research. Now the Tea Party movement has vetoed any creative action by the federal government to stimulate growth, the pace of writing off consumer and mortgage debt can only accelerate. The impact on the American banking system, house prices and consumer confidence is bound to be serious. 
In Europe the interconnectedness of public and private choices over debt is even more obvious – and being made more invidious with every hesitation by the EU's leaders about how to restore confidence in the euro. 
In July, the EU at last seemed to have come up with an effective response, proposing a nascent European Monetary Fund to police the economic policies of euro members and which could, alongside the European Central Bank, lend to governments and banks in trouble. 
But having risen to the occasion, which heartened me, Europe is now moving at stately pace. To be told by the EU commissioner for monetary affairs, Olli Rehn (who at least broke off his holidays to engage with the crisis), that the technical work would start in September while the German government simultaneously insisted that no more need be done, reassured nobody. There is no political leadership, and worse, a paucity of original ideas about what to do even if there were. 
This is where adopting the FDR Framework and disclosure come in.  As discussed above, with disclosure market participants move from the fear of the unknown, just how bad is it, to knowledge of what the true dimensions of the solvency problem are.

With knowledge that can only come from the combination of disclosure and the market participants' analysis of the disclosed information, governments and market participants can select a path forward.

This path can be chosen because market participants know which sovereign debt obligations have to be restructured and the size of the restructuring; which banks are solvent and which are insolvent; which insolvent banks are in a position that will allow them to earn their way back to solvency and which insolvent banks need to be closed.
The markets' reaction is made worse by herd effects – magnified by the many instruments, so-called financial derivatives, that have been invented supposedly to hedge and lower risks but which in truth are little more than casino chips. 
Long-term saving institutions such as insurance companies and pension funds now routinely lend their shares – for a fee – to anybody who wants to use them for speculative purposes. The financial system has become a madhouse – a mechanism to maximise volatility, fear and uncertainty. There is nobody at the wheel. Adult supervision is conspicuous by its absence. 
Mr. Hutton has just described a market without disclosure.  Without disclosure, market participants are betting blindly.
What is required is a paradigm shift in the way we think and act. 
The idea transfixing the west is that governments get in the way of otherwise perfectly functioning markets and that the best capitalism – and financial system – is that best left to its own devices. Governments must balance their books, guarantee price stability and otherwise do nothing. 
This is the international common sense, but has been proved wrong in both theory and in practice. 
Financial markets need governments to provide adult supervision. Good capitalism needs to be fashioned and designed. 
Under the FDR Framework, the way governments provide adult supervision is by ensuring disclosure of all the useful, relevant information in an appropriate, timely manner to all market participants.  Since the market participants are at risk of loss from their exposures, they have an incentive to analyze this disclosure.  Governments can combine this analysis with their own internal analysis to provide yet another level of supervision.
Financial orthodoxy can sometimes, especially after credit crunches, be entirely wrong. Once that Rubicon has been crossed, a new policy agenda opens up. The markets need the prospect of sustainable growth, along with sustainable private and public debt. 
The only way to achieve this is to reach back to a solution that was first adopted in the 1930s at the time of a similar economic crisis.  That solution was disclosure.

Disclosure needs to be update and adopted to a world with 21st century information technology.

Saturday, August 6, 2011

Another example of regulators gambling with financial stability [update]

A Telegraph article provides a vivid illustration of regulators gambling with financial stability.
The relentless plunge of financial markets will lurch into a more dangerous phase that could take the global economy over the brink of disaster tomorrow unless the European Central Bank starts to buy Italian debt. 
The eurozone's immensely powerful and independent central bank has not yet clearly signalled it is ready to move to buy up Italy's stressed government bonds amid deep divisions and opposition led by Germany's influential Bundesbank. 
As European stock markets racked up their biggest losses for three years on Friday - mirroring the losses in the wake of the 2008 crisis caused by the collapse of the Lehman Brothers bank - Italy's government was forced into rash promises that it might not be able to make. 
The alternative to pledging the rapid imposition of bitterly opposed spending cuts, as one Italian minister observed this weekend, was for Italy's government bonds to become as worthless as waste paper when financial markets opened on Monday morning. 
"Everyone is afraid our bonds will turn into scrap paper but by returning to a budget balance one year early, the ECB has guaranteed that from Monday it will buy our bonds," said Umberto Bossi, Italy's reform minister.... 
Both markets and mistrustful ECB governors will be watching the Italian prime minister's progress this week as Italy's MPs, the only parliament to have delayed their holidays, begin to rush through legislation including a controversial change to the country's constitution that will prevent future governments going into the red.... 
"By making promises from a chaotic Italian government the condition of the action needed to save the euro from debt contagion, the ECB may have created even more instability. Would you want to gamble everything on Berlusconi's word?" said an EU official this weekend.
Update
From a column in the Guardian by Julia Finch,
Jean-Claude Trichet, say his fans, has been a supremely successful second president of the European Central Bank.... 
But Trichet's ECB has also been too slow to respond to the pressures on the peripheral members on the eurozone ... He has risked making a bad situation worse by sticking to his line that countries must start to put their own houses in order before the ECB will intervene by buying their bonds.
It was on this principle, it appeared, that the ECB on Thursday resumed purchases of Irish and Portuguese bonds but left those of Spain andItaly untouched. But on Friday night, as details of frantic telephone conference calls between EU leaders emerged and Silvio Berlusconi announced he was bringing forward his plan to trim €48bn from the budget deficit, it started to look as if Trichet's intransigence may have prompted the very action he has been demanding. 
The fires in Rome and Madrid are raging. Trichet's stance so far has been like that of a fire brigade that refuses to send its engines because the occupants contributed to the blaze through their carelessness. The diagnosis of the cause of the fire is spot on, but that does not help to quell flames that are threatening the entire neighbourhood. 
This is the problem of "moral hazard" last encountered during the banking crisis. At what point should a central bank intervene for the greater good? 
The ECB's answer on Thursday was to extend support for euro-area banks by providing extra liquidity on a six-month basis. A good thing, too – strains on the banking system in southern Europe have been appearing as money seeks safety in Germany. 
But it's the sovereign bond market, where Italy and Spain must finance themselves, that is the most visible expression of the crisis. Those 6%-plus yields have terrified investors and undermined business leaders' confidence in hiring new workers and putting cash to work. 
Trichet's supporters make two arguments. First, that he has played a deft game, gambling that Italian politicians would be more likely to make the tough budgetary decisions to reduce the country's 120% debt-to-GDP ratio if the ECB took a dim view of their previous efforts. 
Second, that the ECB lacks the authority and the balance sheet to buy Italian and Spanish bonds on a scale that would bring a permanent improvement in borrowing costs. 
There are stronger counter-arguments. First, Trichet is playing a dangerous game. We know from experience with Greece, Ireland and Portugal that once bond yields pass 6% the plot can become unpredictable. If the ECB continues to stand in the wings, the opportunity to intervene before panic gets out of hand could be lost. 
The second – technical – point about the ECB's powers has more merit. But Trichet could at least sound as if he wants more powers. 
At the moment, investors know that the European financial stability facility, the current rescue fund, is underpowered and lacks the necessary approvals from member states to intervene in bond markets. The ECB should be filling the gap; it is failing to do so. 
Disagreements within the ranks of its governing council don't make the job easy. But neither does Trichet's seeming lack of appetite for a fight.

Confirmation of solvency and not liquidity crisis [update]

A Telegraph article confirms that we are dealing with a solvency crisis where investors are asking what countries and banks are solvent.

The only cure for a solvency crisis is disclosure.  Once it is known who is solvent and who is insolvent, then steps can be taken to address the issue.
As America continues to reel from the loss of its top-flight ''AAA'' credit rating for the first time in modern history, The Sunday Telegraph can disclose that US investors sold out of British banks in the last week, precipitating a £22 billion reduction in the value of the top four banks including state-backed Lloyds Banking Group and the Royal Bank of Scotland.... 
The Sunday Telegraph understands that the sell-off of shares in Britain's four largest banks – Lloyds, RBS, Barclays and HSBC – was the result of a significant push by US investors to move out of the sector. 
The news, coming at the same time as America's credit downgrade, appeared to highlight the uncertainty and lack of clarity among investors, as they desperately sought to place cash in safe havens.
Update
More from a different article in the Telegraph.
Britain’s four largest banks – Lloyds Banking Group, Royal Bank of Scotland, Barclays and HSBC – saw a collective £22bn wiped from their market values, with three of the four seeing price declines approximately double the 10pc fall across UK markets as a whole. 
The Sunday Telegraph understands that large parts of the sell-off were the result of US long-only fund managers selling out of established positions in the sector....
The sell-off came ahead of Standard & Poor’s downgrade of the US’s sovereign credit rating from AAA to AA+ – a move which came in the early hours of Saturday morning – heightening fears that the sell-off could yet intensify. The news goes to highlight the uncertainty in the sector, and again underlines concerns major investors have about future regulatory controls to be placed on the British banking industry....
One senior source within one of the four banks said: “What we’ve been seeing is a strong trade out of developed market banks and into emerging market banks and Scandinavian banks.” 
These are banks where the issue of solvency is much less pronounced.
He went on to say that the US banks and long-only fund managers had been leading the charge. Sources at other institutions confirmed the asset flow. Another said: “There’s been a huge amount of flow going back to the US. But because the banks tend to be bigger than most, the amounts look somewhat disproportionate.” 
The US is still perceived as being able to bailout its too big to fail banks.
Meanwhile London-based investors moved to offer what little support they could to the banks. “The trouble is there’s a complete buyers’ strike,” said one fund manager at a leading British institutional investor....  
“All of these share price declines are not being driven by short-sellers but by long- holders selling out,” said a Data Explorers spokesman.