Cut'n'Paste Finance
By Adrian Ash
July 18, 2007
Just how do you cook up a
collateralized debt obligation...?
"BEAR STEARNS Investors Await Tally on
Losses," reported the Wall Street Journal two
weeks ago.
The newspaper had seen an email sent by the
investment bank to investors in its two ailing credit-derivative
hedge funds. The two-week deadline, set by America's
fifth-largest securities firm itself, came and went on Monday 16
July.
So far, no news from Bear Stearns, nor from the WSJ.
No news either from the co-chief executive officer and director
of the two funds in question. Which is odd. For Ralph Cioffi
used to love talking to the press and the investing public.
He's been running the High-Grade Structured Credit
Strategies Fund and its heavily-geared cousin, the High-Grade
Structured Credit Strategies Enhanced Leverage Fund, since 2003.
A true pioneer of the credit derivatives market, Cioffi was
still talking up the potential for leveraging debt-upon-debt as
recently as Feb. this year, telling a bond conference in New
York that "we're looking at somewhat immature markets that
are going through a growth phase. There is a catharsis and a
cleaning-out process."
But now? Not a sausage. Maybe Cioffi's too busy
with catharsis – or perhaps cleaning out.
Why the delay, you might wonder, in pricing the
alphabet soup that Cioffi first began to develop in the early
1990s? Maybe the difficulty in pricing these assets has got
something to do with the way they were created. To quote the man
himself, from an interview with Wall
Street & Technology in August 2005:
"In the dealer-to-customer market [for credit
default swaps], traders mostly construct contracts over the
phone and via Bloomberg e-mails. Transaction and settlement
records are created through a good deal of cutting and pasting
of documents, and confirmations sometimes do not arrive for as
long as 90 days."
Bish, bosh, loadsadosh! Ninety-day settlement for a
cut-and-paste job created on the fly over the phone. Any wonder
Cioffi's team are having trouble putting a price on the
collateralized debt obligations (CDOs) built upon just this kind
of credit default swap two years later?
"When we execute via Bloomberg," Cioffi
went on in that report of two years ago, "we have to notify
our back office through an e-mail, we calculate the settlement
amount, the dealer sends us the amount and then we notify the
buyer or seller of protection, so there are a number of
steps."
A number of steps you call it? This non-standard
and apparently haphazard process was employed before the tech'
team moved in and enabled trading in credit defaults to balloon.
In the US, Bear Stearns' credit default traders were early
adopters of MarketAxess, run off the DTC's own CDS matching
service. Now, with trading in credit derivatives running at
twice the volumes of only two years ago according to Fitch
Ratings, "there is plenty of room for shocks ahead,"
reckons Harald Malmgren, an economic consultant in Washington.
"Volatility is coming back to the market. We
could see crack-ups of some household names."
So could Bear Stearns be the first household name
to crack up? It doesn't seem likely, not with the rest of Wall
Street willing to step up and cover the two hedge funds'
embarrassment. Back at the start of July, however, the bank said
it might take until Monday this week – July 16th – to price
up the junk littering its mortgage-derivative funds, because
"in light of the Funds' circumstances, this process is more
time-consuming than in prior periods."
In short, Bear Stearns didn't have a clue how much
money it had lost. Nor would you if you had sunk all your money
– or rather, all your clients' money – in CDOs built upon
CDSs reckoned against MBSs based on mortgage loans made to
people with no hope of making their monthly repayments.
More awkward still for the Federal Reserve, the
SEC, and their fellow regulators in Europe – where credit
hedge funds in London and Milan have already hit trouble –
Bear Stearns was at least present when these monsters were born.
Much of the evil afterbirth, the ultra-high risk credit
derivatives that the investment banks wanted to sell on, has
wound up in pliant and placid institutional funds instead.
In fact, your own retirement and insurance funds
may have become "investment
landfill" for some of this toxic waste. And again,
little secret was made of the trouble ahead back in summer 2005:
"Critics fear the explosive growth in CDOs
could spell trouble for Wall Street, since many of the
institutional investors buying them are not fully aware of what
they're biting into," wrote Matthew Goldstein for
TheStreet.com almost two years ago. "To compound matters,
independent pricing information about these specialized bonds is
hard to come by. With a limited secondary market for trading
CDOs, buyers often must rely on the Wall Street firms that
underwrite them for an idea on what they're worth."
Indeed, "All of Wall Street may come to rue
the day Bear Stearns sold $16 million in collateralized debt
obligations to Hudson United Bank," Goldstein reported.
"The sale prompted a complaint to New York Attorney General
Eliot Spitzer from Hudson United, which believes Bear Stearns
gave it bad prices on the sophisticated bonds."
Poor prices on entry look certain to prove awful on
exit. The fact that yesterday came and went without any news
from Bear Stearns itself suggests that Cioffi remains clueless
at best about the real value of the mortgage-backed derivatives
his funds are still holding. Starting right back at the
beginning, with the underlying mortgages themselves, might now
be the only route left.
Mortgage-backed securities, credit default swaps,
collateralized debt obligations, synthetic CDOs...even in
something approaching plain English, none of these assets is
liquid or tradable in the way that a 400-Ounce
Bar of Investment-Grade Gold is tradable. Each of these
cut-and-paste jobs, in contrast, represents something
approaching a legal contract packed full of sub-clauses and
waivers – and judging the value of legal agreements at speed
is a long way from simply "marking to market" a
portfolio of liquid securities.
"Mark to model is a joke," says Janet
Tavakoli, head of Tavakoli Structured Finance, a consulting firm
in Chicago. "What you need to do now is vet the underlying
collateral," she says – meaning the underlying mortgage
debt.
"It's grubby, roll-up-your-sleeves kind of
work," says Tavakoli – and it's all so very different
from the easy, click of a mouse work done by Cioffi and Bear
Stearns when they first piled into the mortgage-bond derivatives
market.
If you're at all concerned by this record race into
highly complex and thoroughly illiquid debt instruments, you may
perhaps want to use their exact opposite as defense – and Buy
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