Saturday, July 24, 2010

Already a short follow up on Tarrants and Astarra

The local paper has reported that Ross Tarrant has closed the financial planning arm of his business

Ross Tarrant’s business survived the financial crisis – according to quotes attributed to him in the local paper – by taking undisclosed commissions called “marketing allowances” to direct money into Astarra funds.

His business however it appears does not survive his clients having their retirement savings stolen.

The Tarrants website is dead today too.

Australia has a system of privatized social security.  The US flirted with such a system too.  However this case shows that getting ordinary members of the public to deal with intermediaries (brokers, financial planners etc) can often be a quite one-side affair.  The local paper also points to a local (coal) miner who lost $200 thousand in this debacle.  He says he would never have invested had he known about the secret commissions.  I guess that is why they were secret.

Astarra and the financial planners – Ross Tarrant tells us how his business survived the financial crisis without shedding a job

By now it is obvious – the money in the Alpha Strategic Fund – now named the Astarra Strategic Fund – has been stolen. Who was the actual controller of this theft and who was “just following orders” has yet to be judicially determined – but Shawn Richard – the front-man for this mess in Australia – put forward (under privilege) the Nuremburg defense: he was just following orders from Jack Flader in Hong Kong.

More interestingly he testified that he paid large undisclosed commissions to financial planners – sometimes going under the rubric of entirely undocumented loans and sometimes called “marketing allowances”. The loans were particularly peculiar – after all when was the last time a financial institution “lent” you a million dollars based on a handshake with no documentation and not recorded in any accounts?

Anyway Ross Tarrant – who I gather perceives he has done nothing wrong – was the recipient of “marketing allowances”. He runs a large financial planning firm in Wollongong NSW. The local paper has reported that he has come out fighting. This may be the only time in my life I have quoted the Illawarra Mercury with approval – but this deserves to be quoted in full…

Tarrants managing director Ross Tarrant has broken his silence on bombshell claims his company accepted secret, illegal kickbacks from failed fund manager Trio Capital.

A NSW Supreme Court hearing last week was told Tarrants allegedly accepted $840,000 worth of secret payments last year as an incentive to invest clients' money in the failed venture.

In a statement released yesterday, Mr Tarrant described the money as a "marketing allowance" and said while the firm did not normally accept commissions, the one-off payment helped the firm survive the global financial crisis.

"During ... one of the greatest financial crises of our time, the receipt of this once-off marketing allowance from Astarra enabled Tarrants to weather the GFC without shedding a job," Mr Tarrant said.

"After receiving the marketing allowance from Astarra, Tarrants returned to a 98 per cent fee-for-service position."

I do not think this needs any embellishment.

(PS. For those that do not know the Mercury is a small – usually reactionary – local paper - which - given the style - I incorrectly thought was News Corp)

Wednesday, July 21, 2010

Part VI in the Ed Hugh series – Emporiki decides not to compete on deposits

Lets recap my arguments from the early parts of this series.  In Part 2 of the series I showed that if the Greek sovereign defaults either (a) it leaves the Euro and forces all Greek companies to convert all cash assets and liabilities to Drachma or (b) the Greek institutions including – say National Bank of Greece – will wind up going bust.  In the archetypical sovereign default with a fixed currency (Argentina) not only did the sovereign default – but all private debts got redenominated in Pesos.  I argued the same must happen in Greece if Greece were to default because Greece would want to save their institutions.  Nobody has argued why this won’t happen.  Then again nobody has provided a decent mechanical explanation for how it does happen – we don’t know how to leave the Eurozone even if you want to.

In Part 3 of this series I showed you the balance sheet of Emporiki – the Greek controlled subsidiary of Credit Agricole.  The balance sheet showed 8 billion euro of interbank funding funding the Greek business.   I argued that if Greece went off the Euro those interbank funds would be repaid in Drachma with a loss determined by the post-default trading level of the Drachma.    

Every Euro of deposits raised in Greece is a Euro that does not flow across the Greek-French financial border and it is a Euro not subject to devaluation if Greece were to go off the Euro standard. 

In my view the real risk to Credit Agricole in Greece is NOT credit losses (their lending has not been outrageously bad).  The real risk is that Greece leaves the Eurozone and the assets and liabilities of the Greek banks are revalued in Drachma. 

Into this I want to throw a slide out from Credit Agricole’s recent presentation on how they are dealing with their Greek subsidiary.  They are making a conscious decision NOT to pay Greek interest rates on term deposits – and they expect their deposit book to shrink from 22.5 billion Euro to 15.8 billion Euro.  Presumably they will need to fund another 7 billion Euro from France.

image

 

What to call this?  Double or nothing!  If Greece leaves the Eurozone Credit Agricole has almost doubled their losses.  But – if Greece stays in the Eurozone – hey – they make more interest margin for the next few years because they pay cheap French financing cost to fund Greek business.  [Isn’t that how they got into this mess in the first place?]

They better hope I am not right.  If I am I can expect the resignation and disgrace of Credit Agricole’s CEO.  This is a dangerous game.

--

Tuesday, July 20, 2010

Turning Japanese? Comments on the latest bank results

I am thinking out loud here – and hope for comments.  For our portfolio it has not been a happy few days.  You will need to click for the tables.

==============

With a due apology to the Vapors the new bear case for American banking was laid out in recent results (especially Bank of America).

No sex

No drugs

No wine

No women

No fun

No sin

No credit cards

No wonder it’s dark…

I’m turning Japanese

I think I’m turning Japanese…

The second post on this blog (back in the days when I had twenty readers) ran through the financials of a typical regional Japanese bank.  I picked 77 Bank (because I once owned it) but I could have picked one of about fifty others.  The bank had a great looking deposit franchise off which they made no revenue.  After all how do you make any money out of a deposit book when interest rates are zero?  It is impossible to make deposit spread.  And – in Japan – there was such anemic loan demand that loan spreads had collapsed to near zero.  The bank had fabulous credit but remained vulnerable to even the smallest credit downturn because there was no pre-tax, pre-provision earnings to offset the losses against.  Anything above the near zero losses would impair capital.  This was a nightmare of banking without revenue, without credit losses and entirely without glamour.  If you were a shareholder at least you could shrink the bank and return capital (though the Japanese seldom do that).  If you were an employee it was worse – all except the very senior employees were paid below what they might have earned had they chosen to be an industrialist rather than a banker – and pay rises were not possible because the banks could not afford them.  In America high bank revenue allowed some (very) highly paid employees – but this did not happen in Japan. 

I have maintained throughout this blog that I thought that zero interest rates in America would have a different outcome to zero interest rates in Japan because Japanese banks are predominantly deposit franchises and zero interest rates are very bad for them – but that American banks – especially larger American banks – are fundamentally lending franchises and zero interest rates would not impair their ability to make a spread on the loan book.  In other words I thought that American regional banks (and super-regionals like Wells and Bank of America) would not become large versions of 77 Bank but instead would return to strong profitability.

This is a deep and fundamental call – and about 25 percent of our portfolio at Bronte is based on this call – so – to put it mildly it matters to us.  There are two historic models for post-banking collapse banking sector recoveries.  There is the typical model applied in Scandinavia and for that matter in Australia after its last round of banking troubles (1992) but also in Thailand, Malaysia, Indonesia and many other places.  That model has the competition wiped out or seriously impaired by the crisis followed by (a) a slow repair of credit impaired balance sheets offset by (b) solid profitability as competition is sharply reduced by the crisis and banking services remain central to the economy.  In this model banks either die in the crisis or give you 10 to 20 fold returns from the bottom of the crisis as the surviving banks mop up the (very rich) spoils.

There is an atypical post-crisis banking situation which was Japan.  In Japan the banks were always deposit rich (a function of their historic savings culture described in this post) but they became even more deposit rich as customers cash preference increased to hitherto unheard of levels.  Loan demand however turned completely anemic – and though competition was somewhat reduced margins were crushed to the point that banks were – at best – marginally viable. 

Lots of readers ask me to explain my Bank of America position – especially given I have been so skeptical of their past accounts.  The explanation is easy – I have seen this movie before.  I looked at the competition a few years ago (essentially a massive shadow banking system outside the majors) and note (with glee) that this low-margin competition is simply no longer there – and as far as I can tell – it is not coming back.  I believed that bank revenue would be strong – at least for the survivors – and if you put a five-to-ten-year time horizon hat on.  More than that – I thought the revenue – spread over a few years – would be more-than-enough to cancel out the excesses of the last boom.  [I expressed that view several times on the blog…]

But there is that other movie.  That movie is in Japanese – only the subtitles are in English.  A good proportion of my readers are bankers.  Dear Readers, you better hope it is not that that movie – because if it is your bonus will be small for the next few years – after which you will negotiate a pay cut.  Beyond that your income will go into a bit of a decline.  One day some of you will wake up and find that – as a fairly senior banker – you are paid about as much as policeman.  Welcome to the middle-and-lower-middle class.  In a Japanese scenario bankers are paid less – much much less.

The important thing as a stockholder however is not what next quarter earnings will be (they will be difficult).  It is whether – five years from now the surviving American banks are milking their privileged position as survivors or whether the margins have collapsed as-per-Japan making banks horrid businesses. 

It is in this context I want to make some comment on recent bank results.  I am not interested in whether next quarter will be difficult.  I am interested in whether we are “turning Japanese”.

Firstly credit is better than even the most ardent bulls would have predicted at the base of the crisis.  If you are still bearish big American banks on credit you either think they are faking it on a grand (even criminal) scale or you believe in a massive double-dip or you are just not looking.  Credit is unambiguously improving in the numbers.  Most the bears in the financial blogosphere – and there are many – were flat wrong on how long credit would take to turn.    

Properly adjusted delinquency is falling (albeit slowly) and charge-offs are falling relatively fast.  Charge-offs on mortgage credit at JPMorgan for instance dropped by a third during the quarter.  JPM however did state in the conference call that the new lower level of credit losses were flat over the quarter and Jamie D was careful to indicate that you should not extrapolate the falling credit losses into future quarters.  That said – even sustainably higher than historic (but not threatening) sustained credit losses should not be a problem because you should be able to price the higher credit loss expectations into loan margins. 

Which of course brings us to the bad part of the bank results – revenue.  The revenue situation has suddenly got ugly – so much so that it challenges the central basis over which part of our portfolio is organized – which is that we are not replaying the Japanese movie – and that bank revenue will be fine long term just as it has been after most (but not all) banking crises.  The trillion dollar question in bank valuation is “are we turning Japanese?”  As the Vapors suggested in their classic 1980 track – turning Japanese is no fun (it is also no sex, drugs, wine, women or sin – and in the banking context it is no credit cards). 

The market did not like the JPMorgan result and they hated the Bank of America result.  The problem is revenue decline – and guidance as per revenue decline.  The guidance is simply horrid.  BofA is not known for down-beat conference calls – but this was decidedly downbeat.  I would love to summarize it – but – hey – but Stephen Rosenman has done so far better than me.  Sorry to copy in full – but you can go to the original:

Bank of America's (BAC) conference call is a must read. Warning: it is not for the faint of heart. Its implications for banking, now that Congress has passed credit card and financial reform, are not pretty.

1. The Card Act is expected to cost $1 billion after tax.

2. Regulation E/Overdraft policy changes have already cost $1 billion after tax. The fourth quarter of 2010 will see a further reduction of $2 billion pre tax.

3. The Dodd-Frank Bill impact at this point is uncertain because hundreds of rules need to be written still. It is expected to be very costly.

4. The Durbin Amendment in the Financial Reform Bill is expected to decrease debit card revenue each year by as much as $1.8 to 2.3 billion starting in Q3 2011. BAC expects to take a $7 to $10 billion charge in goodwill in Q3 2010 due to the impairment of the debit card goodwill.

5. Net interest margin is dropping. BAC's dropped 16 bp to 2.77%. Per the call, the low interest environment is flattening the returns banks can get for their borrowed money. Loan demand is weak. As a result, net interest income was down over $800 million from Q1 2010.

These 5 banking nightmares will likely visit other financial institutions. BAC is the first to quantify some of them. BAC reiterates throughout the call that it has no idea how to "mitigate" these. While the legislative action may be intended to help level the playing field for consumers and to prevent banking excesses, for now, it appears to be leveling the financial institutions.

It is surprising that Congress would inflict these new burdens on the banking industry in a fledgling recovery. The idea was to prevent new bubbles from forming. It would be sadly ironic if the reforms were to cause the recovery to fizzle. After all, how many recoveries have occurred without the banks?

Disclosure: No Positions

I read Rosenman’s piece and got bullish.  The reason is that 1, 2, 3, and 4 on this list are one-offs.  They will compress margin – but they do not lead to sustained margin pressure.  That is fine because the bank will – over time – be able to make up the margin elsewhere.  As Jamie Dimon might say – if the diner can’t charge for ketchup they might just charge more for the hamburger.  They are – if I might put it this way – not Japanese style events.  In Japan the bank can’t seem to get away charging for anything

Alas number 5 on the list is Japan writ-large.  Loan demand remained anemic for decades and eventually loan spreads went close to zero.  Loan spreads are falling normally – after all older high rate mortgages are refinancing into lower rate mortgages – and I think that will be fine.  As long as the competition is not to bad the bank will keep a good margin.  Alas some parts of the bank have very bad loan demand.

Front-and-center is credit cards.  BofA has one of the lowest spread, highest credit quality card books in America.  Here is the quarterly data from their cards business.  (Remember to click for the full table… and you will need it for the conversation below.) 

image

 

Now note this is not a junky fee-driven credit card business.  The gross interest yield is only 10.9 percent (and falling!).  There are still new accounts.  But the balances outstanding are now only 143 billion – down from 169 billion.  This fall is happening across America.  The Federal Reserve data have total revolving consumer credit outstanding falling from 905 to 824 billion in the same period – but BofA is losing share (from 18.7 percent to 17.3 percent).  These are the highest spread product on BofAs book.  There is no obvious problem with originating new accounts – just maintaining balances.  In all of BofA’s results this the “most Japanese” thing you can see. 

The rest of the book – well margin is tight – but it does not look to be driven by the things which made Japan so painful for bank shareholders.  In the credit card book – not so much.

One thing however leaves me a little chirpier.  Purchase volumes actually rose – and they rose well in the quarter.  The quarter had almost Christmas purchase volumes.  The effect is even more pronounced with debit purchase volumes (ie purchases that do not create a debt).  The American consumer did not stop spending – more they just stopped borrowing.  I do not know how much of this is people stopping paying their mortgage but still paying their credit card – but there is some evidence that is happening.  Perhaps the strongest being JPM’s statement that about half of the JPM second mortgage where the primary mortgage is delinquent are still paying their second mortgage.  The same borrowers are also presumably paying off their credit card balance but intend to default on the mortgage.

Finally – and this comes to the competition point – the average yield on this credit card book is sub 11 percent.  That is a high interest rate for Bank of America but not a high interest rate for credit cards generally.  Despite the tone of the credit conference call (unremittingly bleak as to revenue) I suspect there is a little flexibility to increase pricing in this area.  After all the idea of a new securitisation driven credit card originator poaching the business – that seems unlikely.  But we will wait and see on that.

Business lending is NOT turning Japanese

Business lending volumes suck.  But hey – in non-Japanese fashion the margin on them is actually increasing – it was 2.32 percent verus 2.03 percent a year ago.  This is not turning Japanese – it is far more like a conventional post-crisis bank recovery in which margins get fatter. 

image

This does not look anything like a post-crisis Japanese bank – there the margins fell asymptotically to zero.

Finally – what is the long-term downside?

This gives me a little comfort – not much – but comfort in misery nonetheless.  Japanese banks have low single digit ROEs.  5% is sort-of-typical.  This would suggest that they should trade at very low multiples to book – but they do not.  In Japan a 5% ROE is not too bad – because it needs to be compared to a zero percent bond rate – as long as a bank earns more than its cost of capital it should trade above book – and 5% is more than the cost of capital in Japan.  So banks with shockingly and sustainably low ROEs trade above book.  They might actually a good investment relative to JGBs and you can get outperformance out of misery.  BofA is no longer trading far above book.  In a Japanese scenario I am not sure you lose to much.  But alas you can get really really bored waiting to make no money and misery can last a long time.

For comments please.

 

 

John

Post script: since I wrote this Goldies reported – and their revenue was also crunched.  So was their allowance for compensation – albeit from very high levels. 

Monday, July 12, 2010

Bank of America comes clean – well sort of …

Bank of America has finally admitted that it understated the quarter end assets and liabilities for the years 2007 to 2009.  It does not (yet) admit that similar transactions took place in many other years and it does not spell out the effect of these transactions on BofA’s need to carry capital.  To quote BofA’s local paper:

Bank of America Corp. has told securities regulators that it made six quarter-end transactions from 2007 to 2009 that were not in "strict compliance" with accounting rules.

In correspondence with the Securities and Exchange Commission, the Charlotte bank said the so-called "dollar roll" transactions were designed to meet internal balance sheet limits. The bank said it does not believe the transactions had a material impact on its financial statements, according to a May 13 letter posted by the SEC late Friday.

I wrote a post stating that BofA had long been reducing its quarter-end balances in March this year so this should not surprise regular readers.  Nor will not surprise regular readers of the Huffington Post and many other places where my article was reprinted.  I think the WSJ also had a poke at the story after my blog post.  Alas the story died down as BofA issued denials only to retreat from those denials in a (then private) letter to the SEC. 

BofA note that the transactions did not change reported profit.  I agree.  The transactions were however designed to shrink reported quarter-end balance sheet and hence reduce the apparent need to hold capital.  One of the reasons why BofA was short capital when the crisis came was that they did things like this to reduce the stated need for capital and they ran capital close to the “apparent” minimums. 

Anyway there are things that bug me about BofA’s admission.  Firstly at senior management it appears that they did not even know they were doing this.  The company denied the bleatingly obvious in the aftermath of my original blog post.  I do not think they were directly lying – the better explanation is that they simply did not know.  Moreover they now state that the transactions “were designed to meet internal balance sheet limits”.  In other words some internal part of the bank was using more balance sheet – hence more capital – than it was permitted under internal risk controls and entered into quarter end transactions to hide it. 

Lets put this more directly.  BofA imposes internal risk controls (usually called limits).  BofA staff enter convoluted transactions to avoid having to meet those limits.  Head office does not know – and only in response to an SEC subpoena (following a blog post a nondescript fund manager in Australia) do they conduct a review and find these transactions.  This is – it seems – worse than the transactions itself.  What it demonstrates is that BofA does not police its own risk control rules until forced to by SEC subpoena.  Put that way you have to ask “who in BofA will be forced to resign?”

More pertinently – this could be spotted by a (very) careful reading of annual and quarterly reports from Australia.  Everything needed to demonstrate that there was something strange about quarter ends could be done by someone with the published annual reports and quarterly summaries.  If anyone on BofA’s board carefully read the accounts they would have spotted the same thing.  (I guess that this demonstrates that the entire BofA board did not or was not capable of undertaking such a careful reading of their own accounts.)

My original post did this for 2006.  In 2006 as I showed the quarter end assets were substantially less than the assets averaged over the quarter.  In some quarters the difference is 46 billion dollars (substantially more than the 10 billion admitted to in 2007-2009).  The same incidentally is true of 2005 and I think (though I have not rechecked) that I first spotted this in 2004.  So far BofA has not come clean about those years.  But then again we now know that head office did not know that within the bank parties were entering transactions designed to thwart internal balance sheet limits – so if BofA cares to check they will find that the problem exists over many years. 

My estimate is that – as a result of this transaction – BofA’s looked like it required about 2 billion dollars less capital than it should have been carrying had it stated its balance sheet fairly.  2 billion in capital is significant – but is remains small in the overall problems that BofA had during the crisis.  This is – in an accounting sense – a second-order issue.  But as a statement about BofA’s control culture it is not good.  [The culture of hiding risk taking however should – in a post-crisis environment – be relatively easy to address…] 

The unnamed counterparty

These transactions were done – according to press articles – with counterparties unknown.  It is passé these days to charge the prostitute but not to charge the John.  The press however would often prefer to report on the (high profile) John than the prostitute.  Either way I wish this were corrected.

The transactions designed to hide quarter-end assets and debt were described as “roll transactions”.  I guess I am new at this game but I had not previously heard that jargon.  Anyway – with a “roll transaction” there has to be a counterparty who is willing to prostitute their balance sheet and allow the “assets” (at least temporarily) to be stuffed in.  The willing whore in this case was almost certainly Japanese – at least for some quarters.  Japanese banks typically had average balances of securities LOWER than end period balances (Mizuho is an exception).  I once meticulously went through the quarterlies of MUFJ and found exactly this trend.  In their SEC filings MUFJ tends to report its capital (or at least it did in those days) as average capital to average assets.  (I guess that makes sense when their end-period assets are stuffed with assets parked from American banks.)

Still if some trader at BofA (or someone else wanting to skirt BofA’s internal controls) wants to park assets at quarter end – and to pay good money for that privilege – then who am I to suggest that otherwise lowly profitable Japanese banks should say no?  

 

John

 

Disclosure:  I have never thought that we should use the blog to “talk our book”.  We will occasionally explain why we own things (which I guess is talking our book) but we are happiest discussing what is wrong with our positions.  Our biggest position remains long Bank of America (and it is more-or-less the only stock I suggest when people want a stock tip).  BofA might argue that with friends like us they don’t need enemies.  Maybe that is true – but perhaps they need board members that can read accounts. (I am offering…) 

Also – for the SEC – note that BofA shareholders have suffered much already because BofA took too little capital into the crisis.  What you should be seeking from BofA is not penalties – it is a process for fixing their internal controls so that head office can ensure that divisions are not entering transactions designed to thwart internal controls.  Surely that is far more important than a rap over the knuckles? 

Hey – the SEC should not need to seek this.  BofA should just do it.  I anticipate being a shareholder in a decade – so this matters to me. 

Friday, July 9, 2010

Don't waste a good spy exchange

I grew up in the latter part of the cold war and despite our modern day challenges we are far better off with the nuclear armed and ideology fueled terror that pervaded the post war era well behind us. But the cold war had its allure for an Australian boy often bored by the banality of summer barbecues, afternoon teas and dull middle-of-the range local politics. The cold war was the great war of my youth and it had its own strange allure. I feasted on a diet of Le Carre where stoic and very clever little men from the Circus fought an endless twilight war of attrition against their bleak opponents from Moscow Central. I lapped up the gradual leakage of information on the compromising of western intelligence agencies by soviet moles, and was surprised by the subsequent revelations that MI6 and the CIA were at least their equals.

My spies weren't James Bonds. They were non-descript George Smileys. They shuffled in the shadows and plotted against the Soviets whilst mostly fearing betrayal from their closest colleagues. And the imagery was strangely compelling. Their work was done under grey skies and in dank offices. Bitterly cold middle European cities were most often their battle ground, so that dark heavy coats was their attire of choice. Their boots would clash on frosted cobbled streets as they shuffled out for a drop off. Everything was very serious. It was the raw, cutting edge of the battle of ideas.

But Reagan and Gorby put an end to all of that - and Le Carre was never as good again.

So now we are on the cusp of a likely spy exchange - with the 10 Russian sleepers to be exchanged for western agents who have been buried, along with non compliant oligarchs, somewhere in Putin's modern day gulag. The US and Russian agencies quite sensibly could simply put the spies on a plane and be done with it - but that would be an aweful waste of a good spy exchange. There is a theatre to these things that must be upheld. I know the Anna Chapman fans probably have other ideas - but I miss the Le Carre style of cold war chic. Here is one last chance to see an exchange done as it should be: people as puppets, all victims to realpolitik.

A cursory Google Earthing of North Eastern Estonia suggests that the bridge from Narva to Ivangorod could work very well. The exchange needs to be conducted at dawn and the spies brought to each side in military lorries or dark limousines. The dress code is sombre, bleak and ill fitting. Cigarettes should be provided for each spy so, as they are released, they can trudge across the bridge and share a smoke and a wry exchange with their counter part. As the last exchange is made the sun will rise and, modern day traffic can re-enter the bridge and the cold war can once again slip into the past.

Sunday, July 4, 2010

The Confidence Game: a commentary on the Ackman-MBIA book

A correction to this post re the Australian infrastructure projects is at the end...


The Confidence Game – the book about Bill Ackman’s pursuit of MBIA is a good book – but this post is not a review – rather a commentary ex-post on the whole bond-insurer thing.
For those that do not know financial insurers were a handful of AAA rated companies who guaranteed financial products (mostly municipal and quasi government debt and structured finance) and – through their guarantee – imparted their AAA rating. All of the financial insurers got into some trouble and a few have failed. MBIA somehow soldiers on – Ambac has been split by its insurance regulator. These companies were ground zero of the crisis.

But I will start at the beginning and with an example which is more than a decade old – but which I think explains both the use of and failure of financial guarantors for structured finance.
Imagine a furniture shop which sells furniture both for cash and on store-generated credit. About half the sales are store generated credit and they are known as an easy place to get a loan. Nonetheless the shop has real customers as well – and those customers buy furniture either for cash or on credit cards supplied by third parties. [For those with a keen sense of retailing history I am not thinking of Sears.]
Anyway these loans perform sort-of-ok. The spreads are wide (more than 20 percent) but losses are about 10 percent. The loans are pooled and securitized – and – for the sake of argument – assume a piece of paper is sold entitled to the first 50 percent of the cash flow from the pool of loans. It is pretty hard to see how these loans can fail so badly the senior strip fails to pay. 
If even 45 percent of the loans actually pay over the term of the loans (assume two years) then – you will receive back 45 percent plus 20 percent spreads on those loans over two years. That is more than enough to ensure a senior tranche will repay in full. In fact – with a few years of payment history (showing the loans to be good) I would have happily rated a really senior tranche (with 50 percent protection) as AAA.
Ok – but there are things that can go wrong. And – to be really AAA you would need to cover them.
For example – the servicer of the loans can simply fall apart through incompetence or bad management of financial misadventure. So you would – to ensure a AAA rating – want to be allowed to change the servicer. And the deals I saw generally did this.
And – because I am a passive investor I would want someone with some skin in the game to be allowed to change the servicer – so it is useful to have a senior party – perhaps a guarantor – who has both the skill and incentive to change the servicer.
So far this is pretty good – and it is very hard to see why this should not be rated AAA. Indeed if I look at it now – and even knowing what happened – I find it difficult to imagine this defaulting to the AAA level. Sure it would fail in a total collapse of the US economy with unemployment rates above 50 percent everywhere. And I doubt the loans would survive a nuclear war and subsequent nuclear winter. But it is really pretty hard to imagine them defaulting.

But I am cheating. This is a real deal – and whilst nobody was ever criminally prosecuted I have a fair guess what happened. (Civil cases were still running last I looked which was years ago…)
What I think happened was that the furniture retailer made up customers – simply made them up. The people did not exist. The names in the loan files did not correspond to real people at real addresses. Instead the shop “sold” the furniture on credit to imaginary customers and then sold the imaginary loans to Wall Street for real cash. The furniture was then put back on the floor – maintaining the illusion of real furniture shops with real people walking around them.
The securitization trusts had to get bigger and bigger each year – with more fake loans made to make interest and principal payments on old fake loans. When they had grown too large the entire Ponzi came crashing down.
What you saw when you looked at the books was a fast growing furniture shop. When you looked at the shop you saw – well – a shop with real furniture, real staff – a real business.
But what was really there was an elaborate fraud.
The money – hundreds of million – supplied by Wall Street – was never recovered.
Losses in the securitization trusts rapidly went above 60 percent – indeed far above 60 percent.
You see it now – this deal really was super safe provided there was not mass fraud. And mass fraud makes something that looks really quite straightforward spectacularly different from appearance.
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Flash forward to March 2000 – the height of the tech bubble – and Bob Genader – later to be CEO of Ambac but then the CEO of the Ambac/MBIA joint venture in international financial guarantee was travelling through Sydney. He was underwriting some part of yet another Macquarie deal and he dropped by my old shop for an investor relations meeting. The stock – like many financial stocks – was in the sewer then (memory says it was under $30 which looks great compared to today’s price of about $1 but lousy compared to the $90 plus it traded at later.) This was the first “real company meeting” I had done for my new shop. I started in the business about a month earlier.
Genader chatted with us for about 90 minutes while we puzzled over a business that was 150 plus times levered and never seemed to lose any money. I had done some research for this chat and already knew about MBIA’s AHERF transaction (more on that later) but I was not familiar at all with other parts of the business (for instance I simply did not understand the guaranteed investment contract business which was to cause Ambac so much grief later on).

About ten minutes of the conversation revolved around the above furniture store and the defaulted AAA securities. Genader noted with a smile that no bond insurer covered this paper and observed it must be fraud. He then said something which has stayed with me ever since – he said that Ambac and MBIA really provided financial fraud insurance. As he described deal-after-deal I had the same impression – I could not see how they could fail – but deal-after-deal could fail the same way – through mass fraud. If the security (say loans or road tunnels or tax liens or whatever) did not exist then the loans would fail.

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As I looked a little closer there were clusters of deals which could cause major problems without fraud. For instance there were many loans secured by future landing fees at large airports. None of these loans were individually enough to cause Ambac or MBIA problems – but collectively they could be nasty. For instance just imagine if terrorists worked out a truly non-detectable way to blow up commercial planes and did it on a regular basis. They could make all commercial flight grind to a halt and hence turn all of the airport deals bad simultaneously. This would make the whole of Ambac or MBIA precarious simply because there were too many airport deals. Risk concentration and leverage meant that even remote possibilities had to be considered to make the judgment Ambac or MBIA were sound. There were just too many out-there things that could go wrong…

I don’t think any of the airport deals have failed – and some that I thought were questionable are still adequately covered.

Still – I think it was – and remains true that the main thing underwritten by Ambac and MBIA was fraud protection. No fraud meant the deals were OK. Fraud meant that the deals could fail spectacularly. Fraud produced spectacular and highly unexpected losses.

The only underwriting standard that made sense was “zero loss” because any loss 150 times levered could kill you. And the only way to ensure zero loss was to insure only things that could never possibly default and to insure that those deals contained no fraud.

In the furniture store case that would have been easy – get a hold of the loan file and physically check a random 100 loans. Check that the people really exist – check the sources of payments – check the phone numbers. If anyone had done the fraud would have been caught. Stopping fraud is – at least in the case of Ambac and MBIA – what due diligence was (or at least should have been) all about.

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Flash back a few years to the 1990s and Sydney’s Eastern Distributor. The ED is part of my life – I drive through it regularly to go to the Northern side of Sydney Harbor (colloquially known as “the Dark Side”). The toll is outrageous.

The ED however required about half a billion dollars of finance. Like all Macquarie deals of the time it required what was then (and is now) a high level of leverage. [This deal was only modestly levered by the standards of 2006.]

This finance was not going to come from Australia as the Australian banks had already had their fill of Macquarie. It had to come from the bond market. There is however only a thinly developed bond market in Sydney. So Macquarie went global.

The only problem was that nobody in the global markets had any idea as to whether the Eastern Distributor was a good deal. If you had asked the what the base traffic level in Southern Cross Drive was they would not have had a clue…

Enter Ambac/MBIA. They could take a piece in the middle of the capital structure. They insured a mid-ranking piece – of about 70 million (and these numbers are from the deep recesses of my memory) about 200 million of debt senior to them and 230 million junior to them.

If the deal with the government was real and the traffic levels on Southern Cross Drive were not faked this piece of debt was money good. It was not going to default – and the risk to Ambac/MBIA was very nearly zero so – by rights Ambac/MBIA should have not been paid much for accepting the risk.

However Ambac/MBIA got paid really well – and they got paid well for a reason. By putting their guarantee (AAA) on an intermediate piece of debt every piece of debt senior to them in the structure was considered (justifiably) by the market to be AAA and the debt that was junior to them was also probably sound. The Ambac/MBIA joint venture – by putting their name to the deal – vouched for the entire deal – and hence improved the pricing of the entire deal. And so they got paid on the entire deal but only insured about 15 percent of it.

I remember working out the ROEs at the Ambac/MBIA leverage levels and assuming high costs – and the ROEs were in the 30s. This was a lovely business – one of the best financial businesses I have ever seen – a Warren Buffett quality business (and it came as no surprise to me that Buffett at various stages had owned some Ambac and MBIA)…

The JV however did have check that there was no fraud. That did not mean they needed to duplicate six months of traffic surveys on Southern Cross Drive – but maybe just five times half an hour check – randomly chosen – to see if the traffic volumes were as presumed in the model were accurate and had not just been “made up”. And I gather Genader made sure that check was done. The JV was being well paid for ensuring that there was no fraud before it provided a minimal amount of almost zero risk insurance.

A rating agency could come and tell you the debt was AAA – but the JV was much better than a rating agency. It was a rating agency run by people who looked competent and were risking real money – their own money – on the deal. It was a rating agency that was putting its money where its mouth was. That didn’t mean that they would never get it wrong – but in this case all that was required not to “get it wrong” was to check that there was no fraud – and that was an easy check…

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Now you see what the features of the “good deal” was. Firstly it was “small” – in this context meaning a $70 million exposure, not a $500 million exposure. Secondly it was a little exotic – and hence by Ambac or MBIA putting their name to it they could convince people that it was money-good. Thirdly people were not buying the deal purely on the rating – they were buying it a little because the JV had warranted part of the deal. Ambac and MBIA’s name improved the pricing of the whole deal – the whole $500 million – and because of that they got a stupendously good ROE for safe projects.

Finally the real risk to this type of deal was “fraud” rather than ordinary credit. Credit risk you “manage” – which is a euphemism for “accept”. Fraud risk however you avoid – and you avoid it by doing due diligence. Due diligence in this case is not hard – but you have to do it – and that means you need a modicum of competence – even if all that involves is sitting a staff member by the highway with a VCR so she can count cars for half an hour on five occasions and hence check the model.

Put this way you can see why Ambac and MBIA deserved to exist – and what good business for them looked like. You can also see why it makes sense to insure things that don’t ever need to be insured because they are “safe”. In reality what they were insuring was a single thing – they were insuring the deals that they insured were not fraudulent. And fraud was not a risk that was accepted and hence subject to cycles – it was a risk that could be avoided altogether through due diligence.

My biggest gripe with the MBIA book is that it does not come to grips with what a “good MBIA” might look like – and what the real reason for MBIA existing might be.

Its only when you put it in that context you see the opposite case – and why eventually MBIA and Ambac really collapsed.

You also see that there is again a case for a new Ambac or a new MBIA – but I will get to that at the end.

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Crank the clock forward a couple of years. We had invested $60 million in Ambac and had it double. We had invested a smaller amount in MBIA for a much smaller profit – and we had sold both positions because a few deals were making us mildly uncomfortable. Ambac rose fast just after we sold it and so smug feelings were short lived. (Both positions collapsed much later proving – yet again – that I would prefer be lucky than smart…)

More importantly Bob Genader had been made CEO of Ambac. That was no surprise – the international business had been astoundingly profitable – and the guy who made the money got the job. I spoke many other times Bob Genader usually about individual deals which I did not like. I never traded the stock again until quite late in the collapse and I will be the first to admit I was surprised at how nasty it turned out. I was aware of individual dodgy deals led by a Conseco securitization but I was surprised just how bad the book was and I was unaware of the so-called “CDO Squared” deals that were spectacularly bad. I had a long standing $10 bet with Genader on the Conseco deal – I thought it would lose money – Genader thought not. It was a bet in good fun…

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The MBIA book starts with a meeting that Ackman had with Jay Brown – the CEO of MBIA. I too had a meeting with Jay Brown and several of his staff. I was not as well prepared as Ackman – and I was less inclined to be sceptical. That said there was a strange discussion about AHERF which alerted me that all was not quite as it seems – though I only got the full import of the discussion a few years later.
AHERF was a hospital with bonds insured by MBIA that defaulted in the late 1990s. The cost (unimportant the story) was about $200 million. Rather than taking the charge however MBIA agreed to a perverse deal with their reinsurers by which the reinsurers would absorb the charge and recover the money over many years (twenty?) by charging higher premiums in the future. This spread the loss forward rather than taking the charge when the loss was made. The account fakery has a name – it was “finite reinsurance” – the same sort of deal that later caused the AIG-Berkshire problems and landed several General Re staff in prison. It was the sort of deal which induced Jim Chanos to short AIG.
It was legal accounting legerdemain – and was an indication that not all was well…

I asked Jay Brown about it – and there were two things he said. Firstly he said that AHERF was not really a credit loss – it was fraud. The second thing he said was that the finite insurance was set up before he arrived – and if he had been CEO they would not have done it. The second statement is – I think – actively misleading – but I did not recognize that until later. The first statement – that AHERF was fraud and not reflective of MBIA’s skill as an underwriter however had me in stitches.

I reported Jay Brown’s statement to Bob Genader who raised his glass to Jay Brown – laughed and reminded me again that what they really underwrote was fraud. Brown dismissing AHERF because it was fraud was in effect admitting his company’s failure. Fraud was always the risk with deals that were otherwise so safe they did not need to be insured.

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It was the second statement however that should have made me question Jay Brown further. Jay Brown said that if he had been CEO they would not have buried the AHERF loss with finite insurance. This simply does not fit with Jay Brown’s career. Jay made his reputation and fortune with an insurance company called Crum & Forster which had considerable asbestos exposures. It got sold for a good price in part because the buyers did not understand that it was larded with finite reinsurance. Jay Brown told me with a straight face that he wouldn’t have done it – when – alas – doing that stuff was precisely what he built his career on. Alas that realization came only a few years later.

There were plenty of other instances in the book where Jay Brown’s pronouncements were not to be taken at face value. One stood out – when he was telling the world about the virtues of short-sellers in financial markets whilst getting Eliot Spitzer to investigate short-sellers in his own stock.

But funnily none of what Jay Brown said in the book upsets me as much as when he misled me. As an investor all you need to know whether he is actively misleading but somehow it feels different when it is personal. It takes a certain pathology to look someone in the eye and to tell them what they want to hear rather than the nuanced truth. It is style that makes great salesmen (and Jay Brown is a great salesman). It is also – and unfortunately - surprisingly common amongst the senior executives of Wall Street firms possibly because they got there in part by being great salesmen.

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Crank the clock forward a few more years and the nature of Ambac and MBIA’s business has changed. Firstly the idea that a toll road in Australia was “exotic” became almost quaint. People were securitizing almost anything and borrowing against the most bizarre assets. When David Bowie securitized his music royalties that was novel. There were however clear and identifiable cash flows and you could see how the finance was going to be repaid. Later – if you looked hard enough – there were plenty of deals where repayment looked problematic.

The international finance business model of Ambac/MBIA in the 1990s – going around the world and giving deals the “good housekeeping seal of approval” had died. Once the JV could guarantee a $70 million piece a toll road in Australia and improve the pricing for the whole $500 million – and thus – through its “good housekeeping seal” it could add value to the whole deal. By 2004 people would buy the toll road debt because Moodys or Standard and Poor rated the deal AAA. Almost nobody cared about rating agency conflict of interest (they were paid to provide the rating). Nobody I knew would have cared that Ambac or MBIA did old-fashioned due-diligence on deals – and ex-post it is clear that they didn’t get their fingers too gritty that way any more either. Standing by the road with a VCR counting cars – well that was passé… as I guess was checking that the taxi driver on the mortgage application did or did not earn 250K per annum.

So rather than doing $70 million deals for relatively large fees Ambac did $500 million deals for smaller fees. MBIA did the same. And they had a few difficulties – notably the Channel Tunnel – but the deal that always caught my eye was the Conseco manufactured housing securitization done by Ambac.
This was a distinctly worse business. They were just selling guarantees they were no longer selling their “good housekeeping seal of approval” and hence improving the pricing of the rest of the capital structure.

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But something more insidious happened – which was that Ambac and MBIA stopped checking too rigorously for fraud. They must have done some checking because a careful examination shows that many Ambac securitization deals perform better than their non-insured counterparts. But they must have also turned a blind eye in some instances.

Here is a chart from a presentation by Ambac in 2008 for the net cumulative loss for their worst 12 second lien mortgage securitizations. Almost all their second lien losses came from these deals.
image

Two deals in particular stand out like sore-thumbs – which are a Bears Stearns deal and a First Franklin deal. First Franklin was owned by Merrill Lynch. These deals had 80 percent loss rates. To get that you need to have more than 80 percent of the loans default because the loans have (small) recoveries and also make some spread. Maybe 85 percent default will do it.

Now it is pretty hard to imagine how you could “randomly” choose 1000 loans and find 850 defaults. In fact I am not sure you could “randomly” do this. Instead you needed a process by which all the bad loans came to you. It probably requires fraud by someone – be it the companies or hundreds of mortgage brokers and thousands of borrowers.

Knowing what Ambac and MBIA really underwrite – which is not credit but fraud – I think you can guess that fraud was a likely cause. But the fraud was really widespread – these loans have loss rates 20 plus times as bad as Freddie Mac. And the non-guaranteed securitizations – the ones with no fraud check at all – were – on average – far worse than the guaranteed ones.

What really did Ambac and MBIA in is a haze of fraudulent loan origination and fraudulent accounting to hide the problems and fraudulent servicing of the loans and – well – just the ways of Wall Street in a bubble. Ambac and MBIA both failed because they forgot what they really underwrote which was fraud protection. Instead earnest people in their ivory towers (Armonk and the Southern Tip of Manhattan) did mathematical models of loss probability rather than combing though loan files and checking the individuals. The end game of mathematical modeling was CDO squared deals – where the individuals were lost two or even three deep in securitization structures and so there was no way that you were understanding just how corrupt the underlying foundations were.

What was really needed to check the Eastern Distributor was not based on a fraud is easy to state. The main thing was a staff member with a VCR by the side of the road for 4 times half an hour counting cars. What was really needed to underwrite mortgage based securitizations was someone who was someone who would randomly check 100 loans in the loan file making sure taxi-drivers did not self-report their income at $200K per annum. Alas the discipline that saw someone standing by the road counting cars was long-gone. Instead you had management accusing short sellers of fraud rather than management checking whether the loans that they insured were fraudulent.


Ackman’s MBIA short thesis

Bill Ackman’s short on MBIA was a short with an ever-changing thesis. What he saw was a highly levered company – often 140 times or more levered – doing things that were not quite straight. His original observation was the AHERF transaction – something I understood from my first look at MBIA in year 2000. Then he saw one I did not know about – a securitisation of tax liens over properties in Philadelphia. More accurately this was a securitisation of uncollectable tax liens from crack houses and the demolished houses of the dead. The transaction however was rated AAA with MBIA’s guarantee. Moreover MBIA unambiguously knew fraud was going on – firstly there was a tape of a meeting of senior executives in which the truth was on open display – and then there was the name of the transaction – which translated (badly) from the Latin as “black hole”.

The ex-post explanation is (a) these companies underwrote fraud only – as the deals had to be too safe to fail without fraud, (b) they – or at least MBIA – were committing some fraud – some of which was restated, (c) they were turning a blind-eye to fraud, (d) eventually they would be overwhelmed by fraud – in this case fraudulent mortgages – and they would die.

Ackman saw only part of this on the way – but he saw enough of it to simply obsess him. He knew everything that was public to be known about these companies – and he found a lot of bodies and guessed that there would be many more. But he was obsessive from 2002. The companies (MBIA and Ambac as well as the other bond insurers) were not insolvent in 2002 – they were only exhibiting the behaviour that would make them insolvent in the end. His starting position on the companies was almost certainly overstated – they were not insolvent – and – if they retreated to the right business model which was underwriting things that could only fail if they were fraudulent and checking for fraud – then they would have been fine. However the companies themselves reacted to the messenger by accusing him of stock fraud and then – by their own behaviour – dooming themselves to oblivion and irrelevance.*


A plea for new bond insurers

Any decent observer knows the rating agency model is completely riddled with conflicts. Moreover the rating agencies don’t get their fingers dirty – and often explicitly say that they do not check for fraud. I have never heard of a rating agency analyst counting cars for an expressway project. And I have never heard of them going through a loan file and checking 100 random mortgages.
But that is what this is – it is a gritty business. Mathematical models dreamed up by people like me in ivory towers would never have seen the furniture store above for what it was – and never saw the epidemic of truly hopeless loans given out last cycle.

There really are loans that so safe that they can be written with a zero-loss standard and levered 150 times – but they are only that safe if you have removed the possibility of fraud – and you can only really do that by getting your fingers dirty. You cannot do that with a mathematical model.

I am really hoping that one day a new Ambac and MBIA arise – ones that understand their mission – which is to be a rating agency that gets their fingers dirty doing actual due diligence and who have incentives aligned with the bond market. What I want is for the bond insurers to have the vision that Genader once gave me (and promptly forgot). They want to do smaller deals (10-15 percent of outstanding) but improve the pricing on the whole deal. They want to do this with a “good house keeping seal of approval” but not one dreamt up by the public relations firm – but one earned on the ground through loan files and counting cars. I want them to insure only things that can’t fail provided they involve no fraud – and I want them to check that there is no fraud. Because human nature being what it is – we can be assured that the financial markets will one day be infested by waves of fraudulently obtained loans – and if a bond insurer forgets that they go to zero.

One of the downsides of deregulation is “desupervision”. And desupervision is an open invite to scammers, opportunists and the gullible to borrow money they can’t or won’t repay. It is an invite to financial crisis.

Bond insurers at their best are “private supervision of financial markets”. At their worst they are “ground zero for crisis”. And the difference between being a good financial insurer and a bad one? About a decade.

John

*The malefactor company criticising short sellers (“shooting the messenger”) and then doubling up on their ill-deeds is a staple of my trade. Ackman and MBIA provide yet another example.

And now some notes:

1. The Conseco deal was a securitization of all of Conseco’s best manufactured home loans. Ambac insured the whole deal and I suspect the losses will wind up at zero. That looks smart – Ambac got paid well for the deal and took much less risk than it appears. But it is in fact stupid. The Conseco deals done immediately after that deal were truly utterly atrocious. They had a double-dose of bad loans in them. However they sold well because Ambac had vouched for Conseco’s credit worthiness at least at the AAA level. (For the record some of those wound up at Fannie Mae.)
Anyway what Ambac did was sell a bit of their reputation off for money. When what you are really selling is “a good housekeeping seal of approval” that is beyond dumb. It was the behavior in the Conseco deal which made me sell Ambac – not because I thought they would lose money (if they lost money Genader never made good on his $10 bet). It was because they would lose reputation and that would ultimately mean they had to compete with all the other lowlife in financial markets and not make money through adding their seal of approval.
In retrospect Genader should have been fired for the Conseco deal and the cultural shift that it represented. But I did not see it that clearly at the time – and I had too much respect for the man following the super-competent deals he had done as CEO of the JV.

2. Mary Buffett’s book on Warren notes that every Christmas Warren used to give his relatives a $10 thousand share certificate. It was a gift to the limit of the gift duty – but it was also a stock tip – and that stock tip was usually rather good. She has a list of those in the back of her otherwise bad book. Many – notably Fannie Mae, Freddie Mac, Citigroup, Ambac and MBIA have fallen on hard times. Berkshire/Buffett owned all of those at some stage and none at the end. These were all once good businesses – and they all drifted. The drift happened over a decade or more – you had plenty of time to notice. I noticed the drift at Ambac and got out. But I did not notice how far the drift had gone – and was very surprised at the end. I did not expect Ambac under Genader to get into anything like this much trouble.

3. Bob Genader stopped answering my emails. I would still like another drink and a chat if you are out there…

4. I collect super-smart people as friends. Ackman clearly fits the bill… if he wants to send me an email I would appreciate it.


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Correction: I have my infrastructure project with the middle bit insured wrong. MBIA/AMBAC never insured the Eastern Distributor and it took the middle piece of NO Australian infrastructure project.
The company used to take middle pieces - but stopped doing it because the mantra was "we want the control rights". The control rights are important - the right to take over the project if certain tests are not met. That would allow the company to correct (say) for a bad servicer.
As to Australian infrastructure projects - only one loss was taken - which was the Lane Cove Tunnel. Traffic projections were wrong - probably a wave of people taking real traffic data and making assumptions in their interest (the investment bankers for instance are not paid unless a deal was done.)
Sorry to my readers for the error.




John

Sunday, June 27, 2010

Astarra weekend edition: Lockhart Road

David Morisset is the nom-de-plume of David Andrews – a former director of Astarra Capital – later Trio Capital – the responsible entity for the Astarra funds.  The Morisset persona is a self-published poet and a worthwhile writer.  He writes a blog which deserves more attention.

However as an independent director of a financial institution he has a problem – under his nose it seems about 170 million has simply gone missing.  With respect to one fund (the Astarra Strategic Fund or ASF) the judge said:

    there are strong reasons to believe that a substantial part of the funds of AFS were invested fraudulently and have been lost;

It is unlikely those were lost to David Andrews or David Morisset.  Instead he was just a director when it happened.

When you hear me sing in the corridor you would (justifiably) suggest I do not give up my day job.  But seeing how well Morisset writes and his problems as a financial director I suggest that he is much better at the weekend job.  Award winning even.

And below is a riff he wrote about a fictional funds management organization.  The resemblance to Astarra is surprisingly strong… 

The Sydney Morning Herald notes that this “cracking yarn” is suddenly missing from Morisset’s blog – which is a pity.  Like many things written by Morisset it deserves more attention.

To ensure that I have reprinted it below.

 

 

John

PS.  For Michael Mascasero in the fiction substitute Matthew Littauer who was murdered in Roppongi in mafia style circumstances…


WEDNESDAY, MARCH 17, 2010

LOCKHART ROAD


The following is an excerpt from the opening pages of David Morriset's crime fiction novel set against the background of Australia's trillion dollar superannuation industry.


Michael Macasero had apparently found out the hard way that the noise and traffic on Wanchai’s Lockhart Road in the early morning hours was ample cover for discretely committing murder in a rubbish-strewn alley. Two Chinese garbage men, who had shaken with fear at their discovery, had found the blood-soaked body. Overworked but politically sensitive police had come up with an inconclusive finding on the death. Macasero was, they had surmised, just another American who got into trouble in the red light district and could not find a way out of it with all his vital arteries intact. The police reports had skirted around the demonstrably obvious facts that the weapons used and the nature of the wounds suggested Triad connections.

None of the Hong Kong law enforcement agencies had seemed inclined to give the matter any more thought until years later when the Australian Federal Police raised some questions at the instigation of investment regulators puzzled by apparent irregularities in a Sydney-based superannuation fund. Even then the Hong Kong authorities had been artfully unhelpful and the Australians appeared to give up and go away to solve less complicated problems – or at least that is what they did at first.

Macasero had been proud of his reputation as an investment guru in the baffling field of hedge funds and he had claimed the equivalent of US$100 million under management. Still in his thirties when he was killed, he had set up supposedly sophisticated vehicles in various tax shelters to provide services for his clients in Hong Kong and was expanding into Australia. He knew very little about the great southern land but he had been attracted by its various governments spruiking the notion of Sydney as a major financial centre. His young English colleague, Joel Rogers, had an Australian mother and he had already set up a small Sydney office. Rogers was ready to move there permanently as soon as Macasero made the call.

Like many Filipino Americans Macasero was the product of a family that had escaped people power with a fortune assembled during the Marcos years and had then relocated everything but its money to the land of the free. An only child, he attended college at UCLA and then set off for New York to learn about hedge funds. Tiring of the compliance obligations of working for Wall Street firms, he was seduced by a job offer from a charismatic English investment banker who was looking for a hedge fund specialist to exploit new business opportunities in Hong Kong.

By this time Macasero was unencumbered by any unbreakable links to his adopted country. His parents had died and left him with ample financial resources, which his father had cannily spread around the Caymans, the British Virgin Islands, and several other similar havens of the rich and secretive. There was even a large balance in a Swiss bank account that gave Mr Macasero senior some evident respectability when he wanted to source political donations. Where the fortune came from was not clear to Michael but he was grateful for it and determined to preserve it as a first priority and add to it as a matter of urgency before he retired to enjoy the rest of his life. Inheriting his father’s entrepreneurial gifts and distaste for traditional ways of doing things, the hedge fund industry was a natural fit. It was mysterious, gently regulated and seemingly irresistible to high net worth customers and ill-governed institutions. Returns were driven not by the overall market trend but by the wits of the investment manager. Some would say it was all a matter of luck, but Michael Macasero described himself as skilful without any embarrassment.

Rodney Hawker was more than twenty years older than Michael Macasero when they met by chance at an investment seminar in the Pierre Hotel in a huge function room overlooking the yellow taxis of Fifth Avenue and the tree-lined borders of Central Park. When the conversation switched to hedge funds and the opportunities for new business they presented, Hawker mentioned his interest in prospecting the money men of Hong Kong as a first foray into the vast wealth management sector that was ready to be born in China. Macasero was all ears. They walked over to Trattoria del ’Arte on Seventh Avenue and, while they sampled the restaurant’s paper thin pizza and home-made pasta coated with subtle sauces, Hawker talked Macasero into coming with him to Hong Kong later that month. Macasero severed his Wall Street ties, sub-let his apartment and hopped on a plane without a second thought.

To the eyes and ears of a young American, Hawker epitomised suave English manners and style. His navy pin-striped suit was expertly tailored, but a little crumpled, his sky-blue and white check shirt did not quite match his Ferragamo tie of tiny red golf clubs on a grey background, but his voice was full of rounded vowels and seemed to come from the depths of his throat where it seemed a double bass had lodged. A more urbane observer might have noticed the traces of cockney in his accent – traces that became more pronounced as he drank his favourite scotch.

Hawker was a self-made man of the most determined sort because he had reinvented himself several times over. Now well into his fifties he could look back on stints as a junior civil servant in the sprawling administrative divisions of the Foreign and Commonwealth Office, a commercial banker for Barclays at a time the bank was struggling to come to grips with the fallout from deregulation, several roles as researcher and stock-picker with small funds management groups that ended when his employers were gobbled up by bigger players, and a time as a freelance investment consultant, which was proving to be hard going to such an extent that his financial reserves were starting to diminish at a rather alarming rate. Convinced that he was finished in England, he decided to try Hong Kong.

Within six weeks of his arrival, Hawker had set up a tiny office on the fringes of the Island’s financial district near where it merged into the night life of Wanchai and then he had acquired an apartment in a nondescript building just off Nathan Road in Kowloon. He had also hired Bo, a young Filipina, as combination concubine, housemaid and procurer of alternative sexual services when he felt the need for variety or multiple partners. A veteran of two disastrous marriages, Hawker made it clear from the outset that he offered Bo sexual experimentation, a steady income that allowed her to meet the needs of her extended family in Manila’s slums, a comfortable place to sleep, ample food to eat, and a much more secure life than she had as one of the city’s unfortunate bar girls. The fact that Bo was almost thirty and losing her ability to pull customers on a regular basis meant that she was easily persuaded and, indeed, she was actually grateful for the chance to be exploited on such a generous basis.

Setting about the task of networking amongst the expatriate community and finding his way around Hong Kong’s financial labyrinth was second nature to Hawker. He had a glib tongue and his resume was edited in such a way that it looked both impressive and authentic. However, running an office and the administrative chores that went with it were a bore. When it was time to buy information technology items like computers, software and printers, Hawker was quick to surrender to the obvious. He was a twentieth century man with enough in the way of people skills to sell himself and his services to people like him. But when it came to dealing with twenty-first century office infrastructure and its suppliers, he was lost in a jumble of words, symbols and business practices that were indecipherable. So he did what any sensible twentieth century man would do – he placed an advertisement for an assistant with a superior IT skill set and an interest in starting a career in the investment industry on the bottom rung of a very high ladder.

Most of the respondents knew almost as little about IT as Hawker but one of them was different. Joel Rogers had only been in Hong Kong for a few days and he just wanted a start. Hawker offered him the job and he commenced work immediately after the interview, during which Rogers had babbled on about hedge funds and the dearth of them in Hong Kong.

Rogers was more than capable. He had graduated from the University of the West of England in business studies. While students came from all over England to study at what used to be the Bristol Polytechnic, Rogers was almost a native. He was raised in Portishead on England’s dreary west coast in a house on Blaggard Street, so named, according to regional folklore, because of its former associations with smugglers and pirates. Unfortunately his west country accent and the origins of his qualifications did not play well in the City of London and all he could manage after six years of trying was a series of low-paid but extremely stressful dealing desk jobs. One day he found himself gazing out of a Canary Wharf skyscraper window and looking east. Like many others before him, sensing failure in London, he decided to give it a go in Hong Kong.

After three months, Rogers formed the view that Hawker was a bit of a pain-in-the-neck. He delegated only the most menial tasks and left his assistant almost office-bound. However, new business opportunities were abounding. Very soon, Rogers expected, he would be managing money in a hands-on way that would have still been light years away in London. Hawker, unfortunately, had other ideas. He flew to New York, ostensibly to attend a hedge funds conference, but, in reality, his main aim was to find a fund manager. He found one in Macasero.

When Macasero landed in Hong Kong and set himself up in Hawker’s office suite in a corner offering a view over Wanchai, Rogers was disappointed at first. However, that soon changed. Macasero knew what he was doing and started taking care of all the details that were beyond Hawker and unknown to Rogers. More importantly, he adopted the role of mentor to Rogers in a collegiate fashion that reflected the small age difference between the two of them. Rogers was learning business development from Hawker and money management from Macasero so he was happy.

Within three weeks of Macasero’s arrival, the firm had adopted the catchy name of Triadica Securities and was about to launch its flagship fund, labelled, rather pretentiously, as the Masterwork Macro Fund. The word "triadica" was the name of flower common in Southeast Asia, chosen by Macasero for sentimental reasons and because it seemed to refer to the firm’s founding by three theoretically equal partners. Lack of awareness that there were other organisations in Hong Kong who might find the company’s name interesting was evidence of Macasero’s naïveté and a testimony to the entire group’s ignorance.

Thursday, June 24, 2010

Sonray Capital – another Australian broker failure

Sonray Capital failed a couple of days ago and the clients are likely to incur nasty losses.  Strangely I first found out about this from US news sources.  Only three weeks ago I wrote a letter to a blog reader who knew someone who worked at Sonray expressing my doubts about the organization.

For my global audience I should specify that Sonray commanded four-fifths of five-eights of not very much of the market.  In no way is the failure of this broker a reflection of the economy.  It is a failure – as if another one was needed – of Australian broker-dealer rules – or more precisely the lack of broker dealer rules.

The United States has strict rules which segregate client assets from broker assets.  The broker can’t use client assets to fund their own business and there are limits on the extent to which client assets can be rehypothecated.  In the UK those limits are thinner – and in Australia non-existent.  That means that if you pledge your securities to a broker (for a margin loan or even as collateral against a bill as low as $100) you can lose the lot in the event of a broker failure because the broker can repledge them to cover their own borrowings.

When Lehman failed the US broker-dealer sailed through unharmed.  The UK broker dealer failed causing huge client losses and a huge panic.  I blogged about that here and here

Opes Prime was smaller than Lehman London but the characters were just as unsavory.  I blogged about that here

I have no problem with a broker-dealer using their own capital to run their business or to trade.  I have a big problem with a broker dealer using their client capital to run their business.  I suggested a fix to the Australian Government in a submission to the Cooper review – but alas this has disappeared into the do-nothing basket. 

How long is it that Australia needs to hold itself up as a place where you can come, open a broker dealer, fund it with client money – and – in at least one case disappear with client money before the Australian Government will do something?

 

 

John

 

PS.  There is a reflexive no-government-regulation thing amongst some of my readers.  But the question here is not whether we should allow brokers such as Goldman to speculate.  The question is whether we should allow them to speculate for their own profit with the clients’ money.  Lehman US speculated itself into oblivion but it did not do it with client money and the clients of the broker dealer were made whole.  Lehman UK speculated with client money speculating their clients into oblivion.  In the Sonray case the clients were mostly retail.

Monday, June 21, 2010

Normal adjustment mechanisms – part five in the Edward Hugh tribute series…

Australia is a commodity sensitive economy.  Greece is tourism sensitive.  Tourism is almost as big in Greece as mining is in Australia. 

But unlike Greece Australia has a really effective adjustment mechanism to a decline in demand for its product.  When metals prices/demand falls the Australian dollar falls.

One way to think about it is that when metal prices halve (a surprisingly common occurrence) then Australian export labor just is not as productive (in the sense that it earns less USD or hard currency per hour of work– not in terms of metal output).  We could solve this problem by paying everyone less (which involves the changing of many internal prices with complex and hard-won contract terms) or by simply changing a single variable – the price of the Australian dollar.  It is much easier for the market to adjust a single variable (the currency) than to adjust many (everyone’s wages) and so – more-or-less – that is what happens – the market takes the easiest available adjustment route.  The wages on the mine tend to fall – but slowly – relative to other wages.  The AUD reacts quite quickly – and as it falls everyone is paid less in USD terms. 

The adjustment really is simple – don’t change everyone’s wage, change the exchange rate.  Suddenly Australian labor can (again) produce commodities profitably… 

America is a large country with many sub-economies on different cycles but with a common currency.  If terms of trade move against Texas (as happened in the mid 1980s when the oil price collapsed) you can’t have the Texas Dollar fall because there is no Texas dollar.  Houston – we have a problem…

There is a solution too – but it is not as neat as the Australian solution.  The Australian solution to a recession in the mining belt is to allow the currency to devalue – the American solution to (say) a recession in Houston is for people to move out of Houston. 

America has an amazingly mobile population – with almost all of the world’s busiest airports inside the US.  Almost nobody seems to live in the town in which they are born.  It is OK for Las Vegas to have a tourism based economy, Los Angeles to be based on entertainment and aerospace and Florida to be retirement because people in the US move when one part of the economy is struggling.   In Australia – a country very similar to the US – internal migration is much less noticeable. 

Alas Europe has neither much internal migration nor any ability for say the Greek or Spanish Euro to devalue against the German Euro.   I exaggerate a little – a cursory look at the racial mix of Spain over the past 15 years will tell you that immigrants to the Euro Zone settled in Spain in large numbers – and presumably they won’t be doing that any more.  But I do not see too many Spanish living in Munich. 

And so Club Med is left with its nuclear-solution to adjustment which is internal deflation to give adjustment.  What Greece needs right now is a flurry of German tourists spending big on retsina and hotels – and it needs to be able to tax that spending.  Alas Greece is expensive now – and whilst a devaluing Euro will make my “ruins tour” cheaper it won’t make it any cheaper for Germans to visit.  What will make it cheaper is lower Greek wages achieved through lots and lots of unpleasant austerity…

Alas I think it is worse than that

As observed the Australian solution to a local slump is to allow the dollar to devalue.  This makes Australian industry more competitive and hence provides the solution to the problem. 

There is one more consideration – Australia – like “Club Med” countries has a lot of external debt.  Indeed Australia has a massive amount of external debt – we are far more (privately) indebted than any of the so-called “PIGS”.   But fortunately (for Australia) that debt is denominated in Australian dollars.  If the Australian dollar devalues that debt devalues with it and it is no more difficult to repay.  If the debt were denominated in (say) US dollars then as the Australian dollar devalued the amount that would need to be repaid would go up and up and up at least when measured against Australian physical output.  If you devalue the debt simply becomes too big. 

It is the core of the Australian miracle that Australia is a small open economy with a floating currency allowed to borrow in that currency.

There is a reason why we are allowed to borrow in that currency – which is that the Chinese (with some justification) see Australian dollars as a claim on all of those minerals (and a history of 100 years of not-too-bad government).

Now Greece and Spain et-al do not borrow in their local currency – they borrow in Euro.  And if they had converted their local economy back to Drachma or Peseta those currencies would devalue against the Euro making their debt unreasonably large measured against Greek or Spanish output.  Private debt denominated in a foreign currency where it is just manageable prior to currency devaluation becomes entirely unmanageable once the currency loses a third of its value.

But the currency is pegged and whilst it remains pegged the nominal value of the debt – measured in Peseta or Drachma cannot increase….  But we know what the adjustment mechanism is – it is internal deflation.  Prices will fall in Spain and the rest of the PIGS – they are already falling in Spain.  And whilst this is a necessary part of the adjustment it has a side effect of increasing the effective amount that needs to be repaid vis say Spanish wages – just as surely as it would if Australia had borrowed in US dollars and the Aussie dollar devalued. 

Essentially club-med is in the position of a country with a floating currency too indebted in foreign currency when their currency collapses.  Except that it is worse – because the crisis will get drawn out -

Internal devaluation – the only adjustment mechanism Club Med has – will drive up the value of that debt measured against Club Med output just as surely as external devaluation drove up the value of Thai US Dollar denominated debt from the perspective of the Thai.

Even with internal devaluation there is alas no real equilibrium.  This is just a pug-ugly situation.

 

 

 

John

Post script: one reader reminds me that there is one remaining Finnish bank – but it has almost no cross-border business – and the general point – that Scandinavia got rid of currency union on a banking crisis and today only Finland with a small domestically owned banking sector is uses the Euro.

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