Granted, Goldman acted in some unethical and some would say immoral ways in their business dealings regarding the current financial malaise, but the real culprits were the “The Four Horseman of the Financial Apocalypse”. In biblical time they were known as conquest, war, famine and death. In the 1920’s they were given a new name, famine, pestilence, destruction and death immortally penned to be the pseudonym of the great Notre Dame backfield of Stuhldreyer, Laydon, Crowley and Miller. Today these football greats have been replaced by Leonard Greenspan, Robert Rubin, Arthur Levitt and Larry Summers.
I lay the responsibility for the current financial crisis right at the feet of these gentlemen as they perpetuated and exacerbated a condition that goes all the way back to Jimmy Carter. Carter, in his infinite wisdom (recall the statement, “After all, I am a nuclear engineer) signed into the law the Community Reinvestment Act of 1977. Yep, 1977! Its primary purpose was to encourage commercial banks and savings associations to meet the needs of borrowers in all segments of their communities, including low and moderate income neighborhoods. Can you say zero down, sub Prime? I will show below, exactly how they manipulated markets according to the whims of the then in power politicians, to allow the unfettered run of the new emerging derivative market that would eventually lead to the current housing market crisis and general worldwide financial disaster.
The GOP would have you believe that Chris Dodd and Barney Frank are personally responsible and should be criminally prosecuted for malfeasance of office. The GOP points to the sub-prime mortgage market meltdown as the single most causative factor that plunged our financial system into chaos. I believe that the sub-prime mess was a causative factor in the financial failure of many of the largest banks on Wall Street but it was the numerator in the meltdown equation, not the denominator. The denominator and catalyst that shook Wall Street to its very foundations was the derivatives commodity market.
What the derivatives commodity market is, is not an easy question to answer. First we must look at the free market economy that has driven America successfully for over 200 years. From a very simplistic viewpoint, investment profit and loss is made and lost in the rise and fall of investment value. The two key drivers of the American economic engine are securities (stocks and bonds) and commodities (usually hard goods such as metals, agricultural products, etc.). Both are traded (bought and sold) in markets with the two largest being the NYSE (securities) and CBOT (commodities).
Ever since the market crash that entered us into the Depression, the NYSE has been strictly regulated to prevent a reoccurrence. And these regulators have usually worked well to a great extent. Certainly there have been mini crashes but none that have sent us precariously close to the financial abyss we now face.
Not so with the CBOT. The popular theory has been that the free market will correct itself when it comes to hard goods. Alan Greenspan resisted any form of regulation of commodities for his entire career. And for the most part, he was proved correct. There was never a serious crisis in the CBOT. Oh, there were many ups and downs, but he contended that was the working of the free market system. And up to a certain point, he was right.
Greenspan served as the chairman of the Federal Reserve for many years under a half dozen different presidents. He retired from the Fed in 2006. His words were respected and believed. To all, he was a financial genius who saved the USA many times with his manipulation of interest rates and control of the money supply at the Fed.
But something happened during the 90’s under the Clinton administration that was not anticipated by Alan Greenspan or his three closest advisors, Robert Rubin, Arthur Levitt and Larry Summers. Rubin was Clinton’s SECTREAS, Levitt was the chairman of the SEC and Summers worked under Rubin and eventually succeeded him as SECTREAS. A new financial product was introduced to the CBOT the likes of which they, nor anyone else, suspected the ramifications thereof; the financial derivative.
Exactly what is a financial derivative? Now not all of us are MBA’s so here is a simple explanation.
Heidi is the proprietor of a bar in Detroit. She realizes that virtually all of her customers are unemployed alcoholics and, as such, can no longer afford to patronize her bar. To solve this problem, she comes up with new marketing plan that allows her customers to drink now, but pay later. She keeps track of the drinks consumed on a ledger (thereby granting loans to the customers).
Word gets around about Heidi’s “drink now, pay later” marketing strategy and, as a result, increasing numbers of customers flood into Heidi’s bar. Soon she has the largest sales volume for any bar in Detroit.
By providing her customers’ freedom from immediate payment demands, Heidi gets no resistance when, at regular intervals, she substantially increases her prices for wine and beer, the most consumed beverages. Consequently, Heidi’s gross sales volume increases massively. A young and dynamic vice-president at the local bank recognizes that these customer debts constitute valuable future assets and increases Heidi’s borrowing limit. He sees no reason for any undue concern, since he has the debts of the unemployed alcoholics as collateral.
At the bank’s corporate headquarters, expert traders figure a way to make huge commissions, and transform these customer loans into DRINKBONDS, ALKIBONDS and PUKEBONDS. These securities are then bundled and traded on international security markets. Naive investors don’t really understand that the securities being sold to them as AAA secured bonds are really the debts of unemployed alcoholics. Nevertheless, the bond prices continuously climb, and the securities soon become the hottest-selling items for some of the nation’s leading brokerage houses.
One day, even though the bond prices are still climbing, a risk manager at the original local bank decides that the time has come to demand payment on the debts incurred by the drinkers at Heidi’s bar. He so informs Heidi.
Heidi then demands payment from her alcoholic patrons, but being unemployed alcoholics they cannot pay back their drinking debts. Since, Heidi cannot fulfill her loan obligations she is forced into bankruptcy. The bar closes and the eleven employees lose their jobs.
Overnight, DRINKBONDS, ALKIBONDS and PUKEBONDS drop in price by 90%. The collapsed bond asset value destroys the banks liquidity and prevents it from issuing new loans, thus freezing credit and economic activity in the community.
The suppliers of Heidi’s bar had granted her generous payment extensions and had invested their firms’ pension funds in the various BOND securities. They find they are now faced with having to write off her bad debt and with losing over 90% of the presumed value of the bonds. Her wine supplier also claims bankruptcy, closing the doors on a family business that had endured for three generations, her beer supplier is taken over by a competitor, who immediately closes the local plant and lays off 150 workers.
Fortunately though, the bank, the brokerage houses and their respective executives are saved and bailed out by a multi-billion dollar no-strings attached cash infusion from their cronies in Government. The funds required for this bailout are obtained by new taxes levied on employed, middle-class, non-drinkers who have never been in Heidi’s bar.
Derivatives, in simplistic terms. Now I will apply it to the financial environment of the 90’s.
The unemployed alcoholics are home buyers with poor or no credit. Heidi is really is a assemblage of bankers and mortgage brokers plus two federal agencies, Freddie Mac and Fannie Mae. The dynamic young banker who increases Heidi’s loan limit is the US Congress under the tutelage of Greenspan, Rubin and Summers. The expert traders are the NYSE members such as Goldman Sachs and governed by Arthur Levitt. The buyers of Heidi’s bonds are investors worldwide.
But, there is one difference here, and that is the CBOT. The Chicago Board of Trade where all commodities are really traded. Somehow, Heidi’s bonds ended up here in this unfettered market. The CBOT is not governed by the SEC but by a heretofore unheard of small regulatory agency known as the Commodity Futures Trading Commission or CFTC and was under the chairmanship of Brooksley Born. Ms. Born was a member, or managed the CFTC from 1994-1999 and was appointed by Bill Clinton. This is the same Bill Clinton who urged Congress (specifically Chris Dodd and Barney Frank) to come up with a way to make housing affordable for every America, ala’ Jimmy Carter.
Hence, the beginning of the housing boom and the run up in housing prices. The analogy to Heidi’s bar is unmistakable. Those in the know knew very well that in a few years there might be a massive default of all these uncovered mortgages that were bundled into interest paying bonds so they bet against them. How was that done? The took out an “insurance policy” or what is known as a “short” position on the bonds hoping they would fall in value and they would reap the benefit of this devaluation. All of this was occurring at the CBOT and not under the guidance of the SEC and messers Greenspan, Levitt, Summers and Rubin.
Due to litigation against a company called Bankers Trust by major corporate clients, Born and her team at the CFTC sought comments on the regulation of derivatives, a first step in the process of writing comprehensive regulations. Born was particularly concerned about swaps, financial instruments that are traded over the counter between banks, insurance companies or other funds or companies, and thus have no transparency except to the two counterparties and the counterparties’ regulators, if any. CFTC regulation was strenuously opposed by Federal Reserve chairman Alan Greenspan, Treasury Secretaries Robert Rubin and Lawrence Summers. On May 7, 1998, former SEC Chairman Arthur Levitt joined Rubin and Greenspan in objecting to the issuance of the CFTC’s concept release. Their response dismissed Born’s concerns off-hand and focused on the possibility that CFTC regulation of swaps and other OTC derivative instruments would increase legal uncertainty of such instruments, potentially creating turmoil in the markets, and reducing the value of the instruments. Further concerns voiced were that the imposition of new regulatory costs would stifle innovation and push transactions offshore.
While Ms. Born continued to battle the Four Horseman, Rome burned. Mortage backed derivatives continued to fill every portfolio in the world. Investments in them soared under the urgings of Congressman Barney Frank who proclaimed to the world that Fannie Mae and Feddie Mac were safe and secure investments.
Then came the inevitable. An economic slowdown cut off cash to the people who were supposed to pay for these mortages and the house of cards fell. Billions were lost and the world was brought to the brink of economic chaos. But true to the Heidi analogy, the governement came to the rescue with a bailout package.
It certainly is an ugly story but a factual one and now the governement is looking for a scapegoat. Enter Goldman Sachs. Their (the Feds) theory is throw enough blame somewhere else and no one will think we are to blame. But no, that is not the case. This was started by the Carter/Clinton Administrations and supported in the later years by the democratically controlled congress. The current administration has tried to blame Bush but it all started back in 1977.
I am not saying Wall Street is blameless but they and the Feds were warned by Ms. Born but the Four Horseman saw to her demise and demonized her as they do everyone who opposes their liberal agenda.
Ms. Born was fired before the crisis hit but since has been awarded the John F. Kennedy Profiles In Courage Award in recognition of the politcal courage she demonstrated in sounding early warnings about conditions that contributed to the current global fiscal crisis.
As for the Four Horseman, Greenspan is retired and only now the public is starting to realize he was not the genius he thought he was, Levitt has retired on a fat SEC pension (he too, left before the debacle), and Summers, who was a Rubin protégé’ and served as SECTREAS under the waning years of Clinton is in the Obama administration as the director of the National Economic Council. The icing on the cake is Robert Rubin. Before becoming SECTREAS under Clinton, he was the co-chair of GOLDMAN SACHS for 26 years. After leaving as SECTREAS he was Chiarman of Citigroup where he was fired for non performance but received a $126 million golden parachute.
Brooksley Born? Went back to practice law and lives a quiet life with her family.
One final note, Fannie Mae and Feddie Mac still continue to grant questionable loans.