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     Sep 23, 2008
Page 3 of 5
Too big to fail versus moral hazard
By Henry C K Liu

out, while establishment pundits were still in adamant denial, my Asia Times Online article Why the subprime bust will spread remained a lonely voice. Again, I made clear the reality of the crisis in January this year (THE ROAD TO HYPERINFLATION - Fed helpless in its own crisis;, Asia Times Online, January 26, 2008) and again in June (Debt capitalism self-destructs., Asia Times Online, June 22, 2008.)

Pointing this out is not to claim I was particularly astute or prescient, but to say that it is not possible that amid such clear signs of impending trouble that those in charge of billion of dollars of other people's money, supported by high-priced research, were caught off guard. Criminal dishonesty with derelict of fiduciary duty is difficult to deny.

Moral hazard, while describing the tendency of bankers to make

 

bad loan based on an expectation of an eventual bailout, also applies to bad loans made to borrowers that are considered "too big to fail" such as AIG, Countrywide, Citigroup, JPMorgan Chase, GE Capital, General Motors or borrowers such as inept Third World governments. In general, the principle of moral hazard states that bailouts encourage future recklessness. Brady bonds to bail out multinational banks with Latin American debts are labeled instruments of moral hazard in conservative financial circles.

Most bankers reject the moral hazard charge because they welcome government intervention when it comes to protecting their profits even as they oppose regulations as hampering innovation and competitiveness with foreign banks. Bankers only want to get government off their backs when government tries to help the financially helpless and the poor. Private bankers support privatization of profit and socialization of risks.

In global finance, the issue of moral hazard is more complex. Economic imperialism uses moral hazard as an argument to oppose debt forgiveness for the poorest economies. During the Asian financial crisis of 1997, the IMF imposed harsh "conditionalities" (namely high interest rates, corporate restructuring that results in lay-offs and massive unemployment, and austere fiscal policies) justified by moral hazard arguments, punishing the poor in debtor nations for the sins of their wayward bankers.

Many, including myself, have observed that the shrinking intermediary role of banks in funding the economy, brought about by the rapid growth the non-bank credit and capital markets has increased system risk in recent decades. (See CREDIT BUST BYPASSES BANKS Part 1: The rise of the non-bank financial system , Asia Times Online, September 5, 2007.)

This risk manifests itself only in a bear market when price corrections dissipate phantom wealth. This systemic risk exposure is now building up to an unprecedented crisis in both complexity and scale. The repeal in 1999 of the Glass Steagall Act of 1933, which separated commercial banks and investment banks, allows banks to compensate for their shrinking funding role by moving into securitization and propriety trading through their investment banking subsidiaries.

There is no doubt that all of the nation's biggest financial conglomerates, whose commercial paper is the bellwether for the dollar and euro commercial paper markets, will fall from borrower defaults and their interconnected size will be the "too big to fail" reason for Fed intervention. It is very clear that troubled debt-ridden corporations will now turn to the banks for help, not because bankers are friendlier than bondholders, but because banks have access to the Fed discount window.

All through his long tenure at the Fed, Greenspan's recurring message to banks to continue lending during the first sign of recession was a clear signal that the Fed would provide all the liquidity that is needed to prevent a systemic collapse. The trouble is that the inter-linkage through structured finance allows even tiny companies to trigger the demise of firms that are "too big to fail".

The Nasdaq alone has made $3 trillion of market capitalization disappear in the last nine months of 2000 during the tech bubble bust, which put many corporate bonds under water. Unless the Fed is prepared to inject trillions of reserves into the banking system, the debt crisis cannot be solved. And if the Fed does that, what will happen to inflation and the exchange rate of the dollar? Cash denominated in dollars is looking less a safe haven every day. That is why the price of gold has jumped up.

Global imitation
It is an irony that at the very time when the US financial system is showing signs of structural failure, the global trend to adopt US business models and finance practices is reaching its peak. All over the world, governments are rushing to privatize public assets, securitize debts and deregulate their transitional economies away from socialism with the hope of reaping the enviable results that the US free market economy has enjoyed for decades. The bill of this enviable boom is now fast coming due and much of the world will to have pay without ever having enjoyed the benefits. The "race to the bottom" syndrome in wage competition has been enhanced by the "race toward risk" syndrome in finance competition.

The marketplace of ideas, not unlike financial and commodity marketplaces, often operates on mis-information until cruelly pulled back into reality by unforgiving facts. In countries around the world, much governmental and institutional aping of US deregulation practices is based on a misunderstanding of what a fatal virus US neoliberal market fundamentalism really is.

There is some truth in the popular myth that US ways are more flexible, more willing to innovate and to adopt to change. In the last two decades, US innovation and quick response to new business opportunities have produced a record setting long boom with only short recessions, with spectacular rise in profits and asset value. US household net worth, until the recent (and early wave) market crash, peaked at over $58.25 trillion in Q3 2007, doubling in a decade. It declined to $57.72 trillion in Q4.

The end of the Cold War and the global eclipse of socialist tenets have left US faith in market fundamentalism with the aura of a natural philosophy. The US calls her system capitalist democracy. In doing so, care is taken to distinguish democracy from equalitarianism. Conceptually, while the Declaration of Independence claims that "all men are created equal", the nation that lives by it readily accepts the premise that men do not create wealth equally.

The US system rejects social democracy, which aims to reduce glaring economic disparity between people. The US system claims it promotes equality of opportunities rather than equality of rewards. It believes that the logic of the market is the most equitable arbitrage. Free-marketeers decry intimate relationships between government, finance and business and oppose even corporatism as an adjunct to the welfare state. They believe that the market's unforgiving rules of selecting and rewarding winners and penalizing losers are inherently fair, efficient and necessary for maximizing overall economic growth. It is obscene that when they are punished by market forces for their wayward manipulation that they call for government help for themselves in the name of the common good.

The trouble with this view of free-market capitalism is that it is a fallacy to assume that truly free markets can exist without regulation. Markets are always constrained by local customs and rules, unequal conditions and unequal information access by participants. In fact, markets come into existence through artificial construction by initial participants with rules that subsequent participants must observe as an admission price. These artificial rules generally favor the market founders and put later comers at a perpetual disadvantage. World Trade Organization (WTO) rules are the latest visible examples. Often the only option left to late-comers is to start alternative markets hoping that they will enjoy the very privileges and advantages they oppose in existing markets.

Thus all markets require a wide range of regulations to check and balance their inherent march toward inequality and unfairness. Trade, by definition, is based on mutually balanced weaknesses. Mutual strength leads only to conflict, and unequal strength leads to conquest of the weak.

Adam Smith revisited
Adam Smith advocated "free trade" in the mercantilist context as an activist government policy to break down the protectionist policies of other nations while subsidizing national industries to compete in a tariff-free and open world market. "Free enterprise" was first developed by royal charters and grants from the sovereign for business operations and for land development within the royal domain, and for trading rights and command of the high seas to "freely" exploit colonies and foreign locations.

In other words, free enterprise was launched and fostered with government aid and grants that private investors found too risky or whose potential rewards too remote. Royal charters, letters patent and copyrights are all instruments of government for the privilege of exploiting the resources in the sovereign's domain. Government and free enterprise have always worked in concert. Modern free enterprise manages to prevent the monopolistic or oligarchic control of markets only by government action. Business always wants government help before the market is mature and after the market is saturated. It only wants "free" markets to gain easy profit. Business by nature abhors competition and social responsibility.

The notion of "too big to fail" is sacred in US regulatory philosophy. This remains true even as the anti-monopolistic "restraint of trade" regulatory regime of the New Deal was steadily modified in recent decades to permit mergers and acquisition toward increased size and market share to achieve strategic advantage.

The scenario of the ideal free market is that there should be only five entities in every sector: two market leaders and three window-dressing market followers to keep regulators at bay. The US economy has always been organized along oligarchic lines in its core industries, allowing a high degree of centralization while preserving only a token degree of competition. The rules of competition are generally set by market leaders of every industry. Self-regulation is the mantra.

Responding to the current crisis, US regulators are seeking to change rules to ease bank mergers, by further loosening rules. The Fed has announced an easing of restrictions that had forbidden regulated companies to transfer funds to less-regulated and more risky affiliates, such as from commercial banks to their investment bank subsidiaries.

While the US promotes globalization, the US attitude on foreign ownership of US assets remains schizophrenic. Furthermore, there is an inherent contradiction in globalization in that while capital is allowed to move freely across political borders, labor is not. It is now conveniently forgotten, when the IMF was established by the Bretton Woods Conference, its Articles of Agreement specifically sanctioned restriction on movements of capital across national borders. Until labor can also move freely, the lopsided globalization is nothing but economic neo-imperialism. It is not a march toward one world, it is a march towards an hierarchical world of structural inequality.

Another defining characteristic of modern US finance is the broad access to credit. US businesses have long enjoyed access to open credit markets. In recent years, until the current developing credit crunch, no US corporations of any size was effectively shut out of the highly developed credit market, regardless of credit rating. Low credit ratings only affect the interest rate rather than credit market accessibility. In fact, debt securitization has brought virtual security to credit unworthiness on a massive scale.

The commercial paper market first burgeoned in the 1960s and for four decades, collateralized debt obligations (CDOs) dominated the global credit market, until the credit crisis of 2007. Securitization is a process of turning non-marketable credit instruments into marketable ones through pooling. Securitization creates credit worthiness out of the theory of large numbers and the theory of averaging to manage the risk of default by spreading it to a large pool. When a lender lends to a risky company, he bears the full risk of default. But if he invests in a collateralized debt obligation instrument, he is lending to a pool of companies whose default rate may be reduced to a risk level coverable by the interest rate spread.

The fatal enemy of securitization is a liquidity crisis when all exits from purportedly open markets will be suddenly closed, when all participants move to the sell side, leaving the buy side empty at any price. On September 16, 2008, the Fed funds rate target is 2% and prime rate posted by two-thirds of the nation's 30 largest banks is 5%, while the commercial paper rate is 2.7% for 211-270 days, and dealers CP (high-grade unsecured notes sold through dealers by major corporations) is 2.75% for 90 days. The spread is not abnormal, but few deals are closed. There is no shortage of funds or shortage of borrowers, just shortage of willing lenders. It is clear evidence that it is not a liquidity crisis. It is a confidence crisis.

Derivatives are financial instruments whose values are derived 

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