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Recent Examples of Derivative Abuse by Wall Street

 

In the article about the Subprime Mortgage Crisis the topic of derivatives was introduced the topic of derivatives along with an explanation of how they played a major, major role in getting us into the worldwide financial "mortgage crisis." The point of that article was that the large Wall Street investment firms introduced derivatives to purposely cloud the value of the MBS (Mortage-Backed Securities), CDO (Collateralized Debt Obligations) and other structured finance packages that they were creating and selling to very large investors. Thus the buyers of these packages had no way of knowing their true value.

Every firm on Wall Street did this purposefully in order to sell packages that were overpriced. Vastly overpriced. Obscenely overpriced.

The people who worked at these firms collectively made off with billions and billions of dollars in salaries and bonuses while they left the buyers of their packages holding the bag. Former Federal Reserve Chairman Alan Greenspan stated that this process of including derivatives made the financial system stronger because it "off-loaded" risk. What a blatant lie. Off-loading risk does not make risk go away, it just transfers the risk to another group or entity, i.e. from Wall Street to the unsuspecting buyers of the packages.

And now those same Wall Street firms are scrambling to come up with some sort of "rescue package" by the government that will bail them all out. They duped large investors, made off with billions, and now want the taxpayers to pay for the mess that they created and profited from immensely. Bailing them out is called moral hazard. Read the article for more details.

Derivatives & Wall Street Greed

There was a not-very-well-publicized news story at Bloomberg.com recently, detailing how some school districts in Pennsylvania have got into financial trouble due to derivative packages sold by Wall Street investment houses.

Public financing used to be a very low-margin and low-profit branch of business for Wall Street investment firms in comparison to all the other branches of business they were engaged in. Public financing is not very different from the real estate mortgage business back in the good old days. (for more information about what Wall Street did to the mortgage business, please see The Truth Behind The Subprime Mortgage Crisis.) In the last 10 to 12 years, however, just as there was a massive increase in mortgage securitization and MBS products mixed with derivatives, likewise there has been a large increase of complex over the counter municipal derivative contracts between municipalities and investment firms.

The derivatives nightmare is not limited to just mortgages.

How Wall Street Gets Rich

Truly massive fees are not made by merely issuing municipal bonds, but by adding derivatives into the mix. Let's take a look at one particular example in details from the Bloomberg news story. (This is just one example, but unfortunately, it is not an isolated occurrence. It is common, but these stories have not made their way into mainstream news very much at all.)

Back in 2003, the Erie City School District in Pennsylvania was in desperate need for cash. One of the schools located in that district, Roosevelt Middle School, needed money to buy text books, fix a heating system failure, repair a leaking roof, and replaced crumbling ceiling tile that was falling on students' heads. What can a school district do to obtain necessary funds when taxpayers don't have any more room in their household budgets to pay for additional taxes? Where can the money be had? Obviously, borrowing the money.

So, why not turn to one of the most prominent investment banks on Wall Street, which also happens to be the district's financial advisory firm. Would this firm be able to obtain financing for the school district?

Short answer: yes.

However, Wall Street firms only receive relatively small (in their eyes only) fees and commissions for arranging straightforward public financing.

Instead, this firm sold the idea that the school board should engage in a complex derivative swaption contract. This particular swaption contract, which is a derivative, was created by the Wall Street firm and was basically a bet that short term interest rates would stay low and the spread between the 1 year and 30 year interest rate would widen.

Now, there are two sides to every transaction, whether it is a real estate transaction, stock transaction, or derivative transaction. As a result of entering into this transaction as the seller, which means that they are bearing the risk, Erie School District received $785,000 upfront cash, their advisory firm got $60,000, the bond insurer received $57,000, lawyers and others received $106,000. This derivative, according to Bloomberg data, was worth $2 MILLION by selling it at the open derivative market at that time, so the Wall Street investment firm reaped $1 MILLION profit without taking any risk!

Full Disclosure or No Disclosure?

However, neither the Wall Street investment firm nor the financial advisory firm, which is supposed to be working on Erie's behalf, told the school board how much profit the Wall Street investment firm was making. Actually it was up to the investment firm to decide how much of the $2 million it would give to the school district.

Folks, this is insane. I wish I was making this stuff up. Sadly, I am not. This has happened time, and time, and time again.

It was pretty generous of those wonderful Wall Street philanthropists to give Erie just under 40% of the proceeds since Erie was taking 100% of the risk, don't you think? (sarcasm intended)

As you might have guessed, this derivative gamble, and they are gambles, did not work out in Erie's favor. By June 2006, the derivative had left Erie with a $2.9 million liability, which the district couldn't stand the pain any longer and got out of the deal. In July, 2006, they paid the investment firm $2.9 million to terminate the derivative contract just to get out from under the financial liability.

This deal was an OTC derivative, meaning it doesn't get regulated by Securities and Exchange Commission, it doesn't go through the public bidding process, and it is purely a private contract between the two parties.

Wall Street managed to get the law changed to allow these types of deals.

Unfortunately, in 2003, after many years of heavy lobbying by Wall Street investment firms, both the House and Senate in Pennsylvania passed a law by 197-0 and 45-0 margin allowing municipal derivatives. Lawmakers unanimously approved the law based on the claims made by the Wall Street firms that these products can give the municipalities much needed upfront cash and "save" them money.

Why in the world do you think these investment firms would spend hundreds of thousands of dollars hiring lobbyists and contributing to political campaigns to get this law passed? Was it for the good of the people out of the kindness of their heart? Or maybe, just maybe, that 50% fee for selling something worth $2 million might have had a small role in it?

Here's an Analogy

For a comparative example, let's say you had a car that you wanted to sell in order to raise some much needed cash. I offer to sell it on Ebay for you. It sells for $10,000. I'll keep $5,000 for selling it for you. Ebay fees, transfer taxes, professional photographs, etc. add up to $1,075, so you'll be left with $3,925. That's your share of the proceeds.

Oh yeah, don't forget that the car comes with a warranty. If anything bad happens mechanically to the car after it is sold, you'll be the one responsible to pay for fixing it. Is it safe to assume that you probably wouldn't be interested in knowing how much I made from the transaction?

That's a good deal, right?

Yeah, for me!

This is not even the most outrageous deal. Another happened at Bethlehem's school district. In 2005, the school board had entered into a derivative deal with this same investment firm and another prominent Wall Street investment firm jointly, again without competitive bidding. This time, the district took in $900,000, the advisory firm made a $630,000 fee, the two Wall Street investment firms each made $840,000 and $900,000 respectively. Each Wall Street firm made nearly as much from the deal as the school district received. And the advisory firm hired to consult on the district's behalf, received far more than half of what the district received.

Did I say that you received $3,925 for that $10,000 car I sold for you? My mistake, I think your share was only about $2,300. So sorry.

Warren Buffet called derivatives "Weapons of financial mass destruction." Folks, I'm not making this stuff up. It's real, it's happened, and the world financial system really is crumbling as a result. Looking behind the scenes at the condition of the world's financial system, it is quite easy to see an economic depression unfolding.

During the past 4 years in Pennsylvania alone, Wall Street investment firms have pitched at least 500 deals like this totaling $12 billion, and most of them have been made without public bidding, by just taking the advice from their financial advisory firms. (Isn't it blatantly obvious that Wall Street firms, financial advisory firms, and rating agencies are all in the same boat together? It's a case of I'll-scratch-your-back-you-scratch-mine.) And since these deals are over the counter, and thus private, we don't know how many and how bad the true situation with municipal derivatives really is. But as information leaks out, the evidence is suggests things are very, very bad indeed.

How will the derivative crisis effect the economy?

What to Expect

The response so far has been for central banks around the world to try to paper over the problem. Expect more of the same. More and more money will be created to try to fix the problem. Creation of money is the root of inflation. Rising prices are merely a symptom. Inflation is really the watering down of the value of money by creating more and more of it. By diluting the value of money, it takes more and more of it to buy the same item. This looks like rising prices, but rather it is not that prices are rising, but the value of the currency is falling.

This will trend continue and even accelerate. Expect and plan for prices of the things you buy to rise. Yes, the path currently being chosen is to "fix" the problem with an inflationary depression. Of course, the exception is the prices of homes. Because the secondary mortgage market is in its terminal phase (due to Wall Street mixing in derivatives), financing to buy a home is drying up, including first time home buyer loans. Reduced funds available for financing, coupled with the fact that there will be hundreds of thousands of foreclosures, and it is easy to predict the prices of homes will continue to fall. But the price of everyday items will continue to go up as the value of money is diluted by the printing of more of it.

There is a worldwide financial storm brewing. My advice is to prepare for a rainy day. The storm clouds are on the horizon and headed rapidly this way.


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