Tim Price

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“This notion that great misadventures are the work of great and devious adventurers, and the latter can and must be found if we are to be saved, is a popular one of our time. Since the search for the architect of the Wall Street debacle, we have had a hue and cry for the man who let the Russians into Western Europe, the man who lost China, and the man who thwarted MacArthur in Korea. While this may be a harmless avocation, it does not suggest an especially good view of historical processes. No one was responsible for the great Wall Street Crash. No one engineered the speculation that preceded it. Both were the product of the free choice and decisions of thousands of individuals. The latter were not led to the slaughter. They were impelled to it by the seminal lunacy which has always seized people who are seized in turn with the notion that they can become very rich. There were many Wall Streeters who helped foster this insanity, and some of them will appear among the heroes of these pages. There was none who caused it.”

            -    From ‘The Great Crash: 1929’ by John Kenneth Galbraith

“Senator Couzens: “Did Goldman Sachs organize the Goldman Sachs Trading Corp. ?”

 Mr. Sachs: “Yes, sir.”

 Senator Couzens: “And sold its stock to the public ?”

 Mr. Sachs: “Yes, sir.”

 Senator Couzens: “At what price ?”

 Mr. Sachs: “At $104. The stock was split 2-for-1.”

 Senator Couzens: “And what is the price of the stock now ?”

 Mr. Sachs: “Approximately $1 ¾.””

-       From Senate hearings in 1932, and cited in ‘The Great Crash’.

Perhaps the biggest mistake Goldman Sachs (GS) ever made – other than launching its eponymous investment trust in 1929 – was its decision to go public in 1999. That enabled the former partnership to retain employees otherwise then being enticed by the prospect of dotcom riches, by means of share options and restricted stock. But it also turned a tightly focused private partnership into a public company. That involves a loss of independence. And as Chris Dillow recently suggested in a Times article (“Why aren’t hedge funds failing as fast as banks ?”), the current crisis is as much one of ownership as of finance.

It is not markets that have failed, but a peculiar form of ownership that we have taken for granted for decades – stock market-listed companies with dispersed shareholders.

As Chris points out, the succession of hammer blows to the market this year have come from stock market-quoted companies, not from hedge funds – which, despite the misplaced mudslinging from the more wilfully ignorant members of the financial press, are largely blameless bystanders in this colossal drive-by shooting. That is not to say that hedge funds will be immune to the ferocious deleveraging gale blowing wildly round the world, not least as the implosion of investment banks and reining in of credit provision may prove terminal to more highly leveraged strategies and funds. But in Chris’ opinion (which I very much share), the principal-agent problem is at the heart of the crisis:

Big, quoted companies have been unable to solve this problem. Shareholders – often, ordinary people with pensions – have little control over fund managers. Fund managers have little control over chief executives. And chief executives have had little control over trading desks, partly because they just didn’t understand the complexities of mortgage derivatives.. In hedge funds [for example] things have been very different. Very often hedge fund managers invest their own money and take key decisions themselves, or at least closely watch those who do. Their incentives to take huge risks have been smaller. So these have at least survived [in general].. What we’re seeing, then, is the cost of separating ownership and control. In private firms, or partnerships – even limited liability ones – the two are closely aligned. In stock market-quoted firms, they are not.

Maybe Goldman Sachs (which by now seems to have become a placement agency for the US administration) and Morgan Stanley (MS) survive as the last remaining former investment banks. Maybe they don’t. But if they don’t make it through this crisis, expect an orchestra of the world’s smallest violins to play to their demise. The taxpayers of the world are in no mood to indulge the whims of (what’s left of) Wall Street any further.

But the search for scapegoats has to be relegated behind the urgency of shoring up confidence in the financial system. By all accounts the UK’s bailout plan, revealed this week, takes the right tack. It seems increasingly likely that other countries will follow a similar interventionist model. What is needed is coordinated action as opposed to piecemeal band-aid flinging. This weekend’s G7 meeting is an opportunity to prepare such action.

As Redburn Partners point out, the Dow Jones has now racked up the worst 12 month performance since 1932. The MSCI World Index has recorded its worst weekly fall since records began. When does it end ? There have been plenty of false dawns throughout the crisis but the UK rescue plan has ignited a glimmering of light at the end of the tunnel. However, it needs bold and international follow-through.

We will know that the low is in when the market stops going down after being hit by new bad news. For investors with some semblance of a balanced portfolio, it seems late in the day to be capitulating now and fleeing the stock market. Die-hard contrarians would be selectively buying (pharmaceuticals; consumer staples; the more solvent banks; telecoms; utilities). Gold still makes sense. Gilts still make sense in a big way as inflationary pressure subsides and the likelihood of slashed interest rates builds. Taking the longer view, the ‘BRIC’ countries – notwithstanding the likely hit to the global economy over the next few years – are still better positioned to deliver growth; G7 economies will be close to exhaustion for some while yet. “The only thing we have to fear,” says ‘The Onion’s re-imagined 1933 US President in his inaugural address, “is a crippling, decade-long depression”. By all means, have the witch-hunt. But do the triage first.

This article has 13 comments:

  •  
    Oct 10 11:52 PM
    Nobody living through this will buy your spin of events. Try again in 20 or so years, when a new generation is around who has not experienced it first hand. I say round them up in "chains".
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  •  
    Oct 11 08:37 AM
    stock market corrected in 1929 after 90/l0 margin led to overvaluation. it was not yet a depression. today we have hedgie funds with 40/1 leverage.
    1929 correction was preceded by collapse of agricultural commodities in 1927. the war ravaged economies of europe were finally able to feed their own people. nobody paid attention to the warning.
    in 1930 the federal reserve shrank the money supply (dumb idea but keynes had not yet published his book explaining why it wa a dumb idea) and hoobert heever raised taxes because a federal deficit was occurring. it was not yet a depression. then in 1930 the creditanstalt in vienna collapsed & the world depression is on.
    clearly hedgie funds if they are permitted to operate at all need to be limited by law to no more than 3/1 leverage.
    > jack
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  •  
    Oct 11 09:48 AM
    Ah...bliss: A rational voice speaks, but why do we have to have a witch hunt? Why can't we simply determine what mistakes were made, and then correct the errors.
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  •  
    Oct 11 10:20 AM
    How Bush Administration Blocked Mortgage Regulation.
    February 14, 2008 Washington Post

    Several years ago, state attorneys general and others involved in consumer protection began to notice a marked increase in a range of predatory lending practices by mortgage lenders. Some were misrepresenting the terms of loans, making loans without regard to consumers' ability to repay, making loans with deceptive "teaser" rates that later ballooned astronomically, packing loans with undisclosed charges and fees, or even paying illegal kickbacks. These and other practices, we noticed, were having a devastating effect on home buyers. In addition, the widespread nature of these practices, if left unchecked, threatened our financial markets.

    Even though predatory lending was becoming a national problem, the Bush administration looked the other way and did nothing to protect American homeowners. In fact, the government chose instead to align itself with the banks that were victimizing consumers.

    Predatory lending was widely understood to present a looming national crisis. This threat was so clear that as New York attorney general, I joined with colleagues in the other 49 states in attempting to fill the void left by the federal government. Individually, and together, state attorneys general of both parties brought litigation or entered into settlements with many subprime lenders that were engaged in predatory lending practices. Several state legislatures, including New York's, enacted laws aimed at curbing such practices.

    What did the Bush administration do in response? Did it reverse course and decide to take action to halt this burgeoning scourge? As Americans are now painfully aware, with hundreds of thousands of homeowners facing foreclosure and our markets reeling, the answer is a resounding no.

    Not only did the Bush administration do nothing to protect consumers, it embarked on an aggressive and unprecedented campaign to prevent states from protecting their residents from the very problems to which the federal government was turning a blind eye.

    Let me explain: The administration accomplished this feat through an obscure federal agency called the Office of the Comptroller of the Currency (OCC). The OCC has been in existence since the Civil War. Its mission is to ensure the fiscal soundness of national banks. For 140 years, the OCC examined the books of national banks to make sure they were balanced, an important but uncontroversial function. But a few years ago, for the first time in its history, the OCC was used as a tool against consumers.

    In 2003, during the height of the predatory lending crisis, the OCC invoked a clause from the 1863 National Bank Act to issue formal opinions preempting all state predatory lending laws, thereby rendering them inoperative. The OCC also promulgated new rules that prevented states from enforcing any of their own consumer protection laws against national banks. The federal government's actions were so egregious and so unprecedented that all 50 state attorneys general, and all 50 state banking superintendents, actively fought the new rules.

    But the unanimous opposition of the 50 states did not deter, or even slow, the Bush administration in its goal of protecting the banks. In fact, when my office opened an investigation of possible discrimination in mortgage lending by a number of banks, the OCC filed a federal lawsuit to stop the investigation.

    Throughout our battles with the OCC and the banks, the mantra of the banks and their defenders was that efforts to curb predatory lending would deny access to credit to the very consumers the states were trying to protect. But the curbs we sought on predatory and unfair lending would have in no way jeopardized access to the legitimate credit market for appropriately priced loans. Instead, they would have stopped the scourge of predatory lending practices that have resulted in countless thousands of consumers losing their homes and put our economy in a precarious position.

    When history tells the story of the subprime lending crisis and recounts its devastating effects on the lives of so many innocent homeowners, the Bush administration will not be judged favorably. The tale is still unfolding, but when the dust settles, it will be judged as a willing accomplice to the lenders who went to any lengths in their quest for profits. So willing, in fact, that it used the power of the federal government in an unprecedented assault on state legislatures, as well as on state attorneys general and anyone else on the side of consumers."


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  •  
    Why didn't the states take action against these abuses? It seems like the states, collectively, would have the manpower to do so in ways the feds could never muster. Aren't these things illegal at the state level?
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  •  
    Oct 11 11:35 AM
    Groundhog:

    The witch hunts are necessary because the witches keep getting away with it. Ever since the '87 Crash, Fed intervention has prevented the market forces from regaining balance, encouraging the witches to keep taking bigger risks. Sad as it may be, bloodletting may be the best cure.
    Reply | Link to Comment
  •  
    Oct 11 11:42 AM
    as long as ceo's can blatanly lie to the public &bod's are just self serving & as long as transparency i not the law the sheeples will get fleeced.."TOO BIG TO FAIL,TOO MANY TO JAIL" should be the new motto printed on our monopoly money.there are not enough jails to hold all these crooks.take the money & run is a virus thats spreading all over the world.screw the dumb losers.
    Reply | Link to Comment
  •  
    Oct 11 01:13 PM
    The home buyers should know how much they can afford to borrow to begin with. When borrowed too much and couldn't pay back then who's to blame ? Not themselves, always blame the government, or worst, the nice guy who lend them money. Remember some groups called the banks "Racist" not that long ago ? Where are they now ? Remember the news media reported that banks are discriminative against certain area of a city or region, where are these news people now ? To make the matter worst, many politicians jumped in to join those news people and said the same thing, where are these politicians now ? Think people, its not so long ago !!
    Reply | Link to Comment
  •  
    Oct 11 04:54 PM
    Can we believe the Washington Post article written by the New York attorney general? What would a sitting first term president do to get a second term? Unfortunately for the American people, almost anything or nothing at all. I have often said that if Bush had spoken to the American public in 2003 about the irrational increase in housing prices and how it could backfire on everyone, this inferno may have been extinguished before it got too far out of hand. He doesn't seem to have any trouble addressing the American public now about how concerned he is. And read the comments of our elected leaders sitting on the housing subcommittee that pushed the American Housing Affordability Act of 2002. All of them (reps and dems) bemoaned the toll that the high cost of housing was having on the lower and middle classes during these hearings. If they were concerned about the cost of housing in 2002, how could they have stood by and watched 2002 housing prices soar to stratospheric levels in the years to follow? There is no limit to the hyprocrisy of our elected and financial leaders. The damage is done, but let's be sure to pin the blame on those of us who are at fault. I constantly hear how irresponsible homeowners who borrowed more money than they could repay is the cause for this debacle. That's crap! If the property that these folks were buying wasn't so greatly overvalued, if and when the borrowers defaulted on the loans, the banks would have been able to recoup much of their investment. Young couples who were often purchasing their first home and had no experience in buying a home should not be the scapegoats. The blame lies squarely on the banks and mortgage brokers. Financing housing is their specialty - they should know what a house is really worth, not be conned by phoney appraisals and should have refused to lend more money than the house was really worth. My son will struggle to pay the mortgage (and I believe that he will be OK) for his first house that he bought in 2005. But after three years, he is already in the hole $55K. Add $15K to a realtor to help him sell it and he's out $70K. He is a working stiff who will never be able to get ahead because he paid waaaayyyy too much for his home. Last thing - does anyone see that unethical marketing by our real estate industry was so much a part of the run-up of housing prices? I still see them using gimmicks, tricks and phoney numbers in their adds in the local newspaper. But, they're adapting to the situation. The NAR cares nothing about underwater homeowners other than the fact that their existence is depressing their chances of selling homes and for selling them at much inflated prices as they did for so long. Although my local newspaper's editorial staff has waged a three year battle against predatory pay-day lenders (to no avail) you will never see a newspaper article criticizing or even investigating what realtors do to sell homes. One look at the local newspaper and it's evident that the NAR and local building associations are by far their largest sources of advertising revenue.
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  •  
    Oct 11 07:24 PM
    Yes the guilty must be punished. Just because there is plenty of blame to go around does not mean nobody is to blame. At the end of the day there lot of victims, lot of us have lost a lot of money – even sitting on the sidelines – seeing our investments and 401Ks evaporate.

    Everyone is to blame - Home buyers, lenders, securitizers (Wall Street), rating agencies (major culprit), Fonie/Fraudie (a Ponzi scheme), Congress (promoting housing – we are not a socialist country).

    * Rating agencies must be disbanded
    * Fonie/Fraudie –already are in conservatorship – but still continue the dubious “mission”
    * Wall Street – the ill gotten bonuses must be clawed back – what they did was accounting fraud. Paulson- he got away with $ 600Mi.
    * Congress – vote these fools out – replace them with a new set of fools
    * Regulators – Fed/SEC/FDIC – first sleeping at the switch, then lying under oath “All is well” – heads must roll.

    Take the first step vote your Congressman out.
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  •  
    Oct 12 01:27 AM
    Disbanding the "Rating Agency" is wrong. Just like telling the teachers not to assign any grades to homeworks. Without this agency, the greedy CEO's will fool around even more. People will be in the blind !!
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  •  
    Oct 12 01:57 AM
    It has been said that the Roman empire was the greatest makeshift in history. Let me tell you,,,,, For and against witch hunt, blame game, search for cause. How about bread and circuses? Rome fell; remember? This looks an awful lot like Rome.
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  •  
    Wait wait wait, just hold on a second - punishment? Witch hunt?

    Listen, if you overleveraged your house, you gambled and lost. Lo siento.

    If you were a hedge fund or money manager and you leveraged yourself out on commodity plays, and got killed with margin calls and forced selloffs of your holdings because your clients realized you were too risky, you gambled and lost. Lo siento.

    If you were close to retirement age and you had your money in stocks when bonds are the more prudent choice, you gambled and lost. Lo siento.

    I am neither of the above three. I am a renter. I am not a day trader nor does the market make or break me. I have many moons to go before I retire. More importantly, I don't have Mercedes calling me at work asking me when my next payment will come, and my summer home is not on the market. Because LIKE 99 PERCENT OF AMERICANS I COULDN'T AFFORD EITHER OF THOSE THINGS IN THE FIRST PLACE.

    Witch hunt? Blame game? As forced selling causes overpriced stocks to fall to normal P/E levels, indeed, overshoot into single digit P/E levels, I just want to know whose hand I need to shake! Lo siento.
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