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Tag Archive: DEBT

  1. II" rel="bookmark">Don’t Worry About The Debt Tsunami Part II

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    Last week I wrote that the for­ward cal­en­dar of to-be-issued gov­ern­ment and mort­gage related debt isn’t going to swamp the economy.

    Since I wrote my arti­cle Paul Krug­man wrote an arti­cle cit­ing research done by Brad Setser that sup­ports my the­sis. Setser’s analy­sis pre­dates my arti­cle and is really high qual­ity work.

    I am cer­tain that Krug­man didn’t have any idea what I wrote when he pub­lished his arti­cle but, just the same, Krugman’s sub­se­quent writ­ing is a help­ful adden­dum to my “why not to worry about the debt tsunami” theme.

    Basi­cally, accord­ing to the ana­lyt­i­cal work done by Setser, the amount of pub­lic bor­row­ing is being off­set by a fall off in pri­vate bor­row­ing. Less pri­vate bor­row­ing is another way of say­ing that the sav­ings rate has risen. Below is a graph from Setser’s arti­cle illus­trat­ing how the rise in gov­ern­ment bor­row­ing is more or less being off­set by a drop in pri­vate borrowing.

    Krug­man con­cludes “We’re actu­ally bor­row­ing less from for­eign­ers than we were before.”

    Setser, on the other hand, wor­ries that “…the challenge…will be to bring down the government’s bor­row­ing as pri­vate bor­row­ing resumes.“

  2. Don’t Worry About The Debt Tsunami

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    It looks like in the next few years newly issued Trea­sury and agency guar­an­teed res­i­den­tial mort­gage debt may cre­ate a debt tsunami that will swamp the econ­omy. For­tu­nately, looks can be deceiving.

    While inter­est rates are likely to rise for both long matu­rity Trea­sury notes and bonds and agency guar­an­teed res­i­den­tial mort­gage debt, ris­ing rates are not because of a lack of invest­ment demand or fail­ing con­fi­dence in the U.S. Gov­ern­ment. Instead, as I have writ­ten for months, the all-in cost of cap­i­tal for most domes­tic insti­tu­tional investors is higher than the net yield on Trea­sury and agency guar­an­teed mort­gage debt. The inabil­ity of domes­tic insti­tu­tions to earn a profit at cur­rent inter­est rates isn’t the same thing as a lack of desire, capac­ity or confidence.

    But of course yields are too low for pri­vate mar­ket investors to make money. After all, since Decem­ber the Fed­eral Reserve has been exe­cut­ing a pro­gram of open mar­ket pur­chases of Trea­sury and agency guar­an­teed mort­gage debt designed to drive inter­est rates below mar­ket clear­ing yields. So, it shouldn’t be a sur­prise that among pri­vate investors there is an upward inter­est rate drift that can only be off­set with more aggres­sive Fed­eral Reserve intervention.

    Pri­vate insti­tu­tions can’t make money buy­ing Trea­sury and agency guar­an­teed mort­gage debt because the oper­at­ing expenses of most insti­tu­tions are very close to the invest­ment yield on the Trea­sury and agency guar­an­teed mort­gage debt. Unless the Fed­eral Reserve is some­how able to mag­i­cally force oper­at­ing expenses of domes­tic insti­tu­tions down­ward, mar­ket clear­ing yields are going to rise. At higher inter­est rates the pri­vate mar­ket won’t have any trou­ble absorb­ing the for­ward cal­en­dar of debt issuance.

    To under­stand whether or not the vol­ume of newly issued debt will swamp investor demand each type of debt needs to be bro­ken down and ana­lyzed indi­vid­u­ally and com­pared to sources of invest­ment liquidity.

    Res­i­den­tial Mort­gage Debt

    The amount of new mort­gage debt isn’t a prob­lem because basi­cally there is no net new mort­gage debt being created.

    There are two ways to cre­ate new mort­gage debt; (i) refi­nance exist­ing mort­gage debt and (ii) finance home sales.

    Refi­nanc­ings, by def­i­n­i­tion, result in a repay­ment of old mort­gage debt held by investors. For every dol­lar of refi­nanced mort­gage debt that is issued there is a dol­lar of old mort­gage debt that is retired. As a result, old mort­gage debt investors receive cash that they recy­cle into newly cre­ated mort­gage debt (or other invest­ments like Trea­sury securities).

    Mort­gage debt cre­ated by home sales falls into two cat­e­gories: new home sales and sales of exist­ing homes.

    The pro­ceeds from pur­chase money mort­gage debt cre­ated from sales of exist­ing homes gen­er­ally are used to pay off mort­gage debt of the sell­ing home own­ers. So, mort­gage debt cre­ated through exist­ing home sales is like refi­nanc­ing debt, gen­er­ally it doesn’t cre­ate net new mort­gage debt.

    If for some rea­son the debt tsunami wor­ri­ers are ago­niz­ing about increased mort­gage debt cre­ated from new home sales that should be the least of their con­cerns. If new home sales weren’t stuck in the mud there wouldn’t be a credit cri­sis or a deep reces­sion which are the under­ly­ing causes of the debt tsunami. The United States should only have the prob­lem that new home sales are so high it isn’t clear how they are going to be financed.

    Trea­sury Debt

    There is plenty of demand for long term Trea­sury notes and bonds, just not at cur­rent inter­est rates. The nat­ural buy­ers for Trea­sury debt are domes­tic banks, thrifts and insur­ance com­pa­nies. These insti­tu­tions have more than $1 tril­lion of excess liq­uid­ity which con­tin­ues to grow every day. The pool of domes­tic cash sit­ting on the side lines gets big­ger every day because of a com­bi­na­tion of increased U.S. sav­ings and accom­moda­tive Fed­eral Reserve policy.

    How­ever, domes­tic finan­cial insti­tu­tions are sit­ting on the side­lines and not buy­ing. The prob­lem is that domes­tic finan­cial insti­tu­tions know that they can’t make money buy­ing Trea­sury secu­ri­ties at cur­rent inter­est rates and no mat­ter how much they would like to own long term Trea­sury notes and bonds they can’t invest.

    When inter­est rates on long term Trea­sury debt rises above 5% domes­tic insti­tu­tions will start to be large scale buy­ers. These insti­tu­tions will start to make a rea­son­able profit with­out tak­ing on unrea­son­able risk or lever­age from pur­chas­ing long term Trea­sury notes and bonds.

    Debt tsunami wor­ri­ers need to pick some­thing else to anguish about, at least for a while. Obvi­ously, the cur­rent deficits can’t last for­ever but they aren’t in dan­ger of swamp­ing the econ­omy for a long time. And, inter­est rates are inevitably going to rise but then again long term inter­est rates aren’t being set by the mar­ket­place. Ris­ing inter­est rates aren’t a source of worry but rather the begin­ning of the end of the great recession.

  3. MINIMUM STANDARDS FOR CEOs OF GLOBAL BANKSWHAT SHOULD THEY KNOW ABOUT LEVERAGE?" rel="bookmark">MINIMUM STANDARDS FOR CEOs OF GLOBAL BANKSWHAT SHOULD THEY KNOW ABOUT LEVERAGE?

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    I have been an out­spo­ken critic of too much lever­age in the finan­cial sys­tem for the past sev­eral years. On CNBC and Fox Busi­ness Net­work I have spo­ken out against the dan­gers of bank and bro­ker­age over lever­age and sug­gested that such over lever­age could cause a repeat of the Great Depres­sion. Like a giant oil slick, the finan­cial ser­vices sec­tor of the United States has been an inch deep and a mile wide for years. Clips of some of those inter­views can be found at http://www.firstcapital.com/financial_news.html. Reg­u­la­tors don’t seem to care about man­age­ment strate­gies that have dri­ven the econ­omy into the ditch and share­hold­ers don’t seem wor­ried about man­agers that lack both com­mon sense and basic finan­cial training.

    The events of the last 12 months have seemed so unbe­liev­able to me that I have started to won­der if there are ANY min­i­mum stan­dards of knowl­edge and train­ing to be the CEO or CFO of a global United States based finan­cial institution.

    Many jobs in the United States have min­i­mum edu­ca­tional and train­ing stan­dards. Doc­tors attend med­ical school and get licensed. Lawyers are trained in law school and take the Bar Exam­i­na­tion. Even the peo­ple that take care of our pets, fix toi­lettes and build our houses have stan­dards that they must meet before they can hold them­selves out as experts.

    But, what about the exec­u­tives of large banks and bro­ker­ages? What are their min­i­mum edu­ca­tional or com­pe­tency stan­dards and do they meet such standards?

    It turns out that pretty much the answer is CEOs and CFOs do not pass any exam­i­na­tion, are not licensed and have no min­i­mum edu­ca­tional stan­dard. Who is qual­i­fied to be a bank CEO or CFO has been pretty much left up to the Board of Direc­tors of each institution.

    With no “national stan­dard” for bank and bro­ker­age CEOs and CFOs I decided that I would cre­ate my own stan­dards and bench­marks for mea­sur­ing com­pe­tence. So, this blog is about the stan­dards that I think should apply to the lead­ers of global finan­cial insti­tu­tions and whether or not CEOs/CFOs meet such standards.

    • Edu­ca­tion. I think that edu­ca­tional stan­dards fly in the face of this country’s “Hor­a­tio Alger” ethic and are “elit­ist”. After all, Abe Lin­coln only had about 1 year of for­mal edu­ca­tion and was per­haps the great­est Pres­i­dent of the United States (http://showcase.netins.net/web/creative/lincoln/education/glance.htm). Lin­coln prob­a­bly could have run a bank or bro­ker­age (after all he ran a civil war). Vin­cent McMa­hon, CEO of World Wrestling Enter­tain­ment, is able to run a large and suc­cess­ful cor­po­ra­tion and he prob­a­bly doesn’t have any for­mal edu­ca­tions (other than per­haps in phar­ma­col­ogy). If McMa­hon can run wrest­ing he can run a bank. George Bush went to col­lege (and grad­u­ate school) but pre­tends that he didn’t. Pres­i­dent Bush runs a whole coun­try!! And, Howard Hughes didn’t grad­u­ate from col­lege even though he was pretty smart. I am cer­tain Mr. Hughes could have been a banker in today’s environment.

       

      And, since col­lege isn’t required nei­ther should knowl­edge of eco­nom­ics, finance, account­ing or eco­nomic his­tory. Nor will require­ments include higher level math such as Alge­bra, cal­cu­lus or sta­tis­tics. CEO/CFO can­di­dates shouldn’t be expected to mas­ter more than basic addi­tion, sub­trac­tion, mul­ti­pli­ca­tion and divi­sion (with a calculator).

       

    • Work expe­ri­ence and/or appren­tice­ship require­ments. Abe Lin­coln didn’t have a lot of exec­u­tive expe­ri­ence before being Pres­i­dent, so nei­ther should bank CEOs/CFOs. Hedge fund man­agers, i.e., the “Kings” of cor­po­rate finance, don’t need any prior expe­ri­ence (and many of them don’t have any). So why should a higher stan­dard be imposed on CEOs/CFOs of global finan­cial insti­tu­tions?

       

    • Min­i­mum read­ing and gen­eral knowl­edge and where to find it. There are some stan­dards that I think should apply in terms of gen­eral knowl­edge and min­i­mum read­ing mate­r­ial. How­ever, given no real edu­ca­tion, work expe­ri­ence or appren­tice­ship require­ments, these stan­dards need to be “rea­son­able”.

      After reject­ing the local pub­lic library as a source of read­ing mate­r­ial for high level finan­cial exec­u­tives (remem­ber I want to have rea­son­able stan­dards for our nation’s finan­cial lead­ers and most books in the library have “big words”), I decided to go to Barnes and Noble. If it is impor­tant to know it is prob­a­bly found in the exten­sive selec­tion at Barnes and Noble.

    In the busi­ness sec­tion of Barnes and Noble I found two busi­ness books that seem per­fect. Nei­ther book used big words or a required lot of math, and to under­stand them an advanced degree (like an Associate’s Degree from Palm Beach County Com­mu­nity Col­lege) wasn’t required.

    The first book I chose, The Lit­tle Book of Value Invest­ing is part of the “Lit­tle Book” series pub­lished by Wiley.

    In the dust cover the pub­lish­ers ask “Do you care about your money?” Well, bank and bro­ker­age CEOs and CFOs are sup­pose to care about money. The pub­lish­ers claim that that only an IQ of 125 is nec­es­sary to under­stand the book. In fact, The Lit­tle Book of Value Invest­ing says that that any IQ greater than 125 is “wasted.” Well, an IQ require­ment was a new con­cept but one that I decided is rea­son­able. But what “sealed the deal” for The Lit­tle Book was the fact that the pub­lish­ers claim that the reader will “[learn] to put your money to work like a banker” (and since we are search­ing for proper stan­dards of knowl­edge for bank CEOs and CFOs….). And, for read­ers that have trou­ble read­ing, there is an audio ver­sion of this book. Barnes and Noble fea­tures The Lit­tle Book of Value Invest­ing on their web site at http://search.barnesandnoble.com/booksearch/results.asp?WRD=the+little+book+of+value+investing.


     

    The sec­ond book, Value Invest­ing for Dum­mies, is even more nat­ural for money cen­ter bank CEOs/CFOs. Value Invest­ing for Dum­mies claims to teach how to “detect hid­den agen­das in finan­cial reports.”, “under­stand finan­cial state­ments” and “assess a company’s value”. The book explains “fun­da­men­tals and intan­gi­bles”, has “tear-out cheat sheet(s)” and fea­tures “a dash of humor and fun”.

    The Dum­mies series of books are well known ref­er­ence books for dis­cern­ing read­ers and learn­ers. After all, the Dum­mies series has mas­tered such eso­teric and dif­fi­cult top­ics such as sea­sonal addic­tive dis­or­ders in their Sea­sonal Addic­tive Dis­or­ders for Dum­mies (a must read for all men­tal health pro­fes­sion­als), the conun­drum of the human genome in their ground­break­ing Genet­ics for Dum­mies work (I under­stand it is required read­ing at most med­ical schools), the mys­tery of the 1980s per­sonal com­puter in their newly revised DOS for Dum­mies (finally an easy to under­stand ref­er­ence book for peo­ple with a com­puter pho­bia) and how to kill time while wait­ing in an air­port in the sem­i­nal work Su Doku for Dum­mies (if only I had this on my last trip to Asia). The most author­i­ta­tive list of Dum­mie books can be found on the Barnes and Noble web site at http://browse.barnesandnoble.com/browse/nav.asp?visgrp=nonfiction&n=1000005131&ne=1000005131&Ns=SERIES_NUMBER.


     

    So, what about those min­i­mum stan­dards for the global finan­cial leaders?

    What should they know about leverage?

    Accord­ing to The Lit­tle Book of Value Invest­ing quite a bit.

    In the “Lit­tle Book” chap­ter titled “Sift­ing Out the Fool’s Gold” I learned

    The first and most toxic rea­son that [com­pa­nies don’t do well] is too much debt. In good times, com­pa­nies with decent cash flow may bor­row large amount of money on the the­ory that if they con­tinue to grow, they can meet the inter­est and prin­ci­pal pay­ments in the future. Unfor­tu­nately, the future is unknow­able, and com­pa­nies with too much debt have a much smaller chance of sur­viv­ing and eco­nomic downturn.”

    The Lit­tle Book chap­ter titled “Give the Com­pany a Phys­i­cal” con­tin­ues to teach and illu­mi­nate in terms that every­one can understand.

    Much as a doc­tor con­sults patients’ charts to see what con­di­tion they are in, look to the bal­ance sheet to see what shape the com­pany is in. The doc­tor needs to know all the vital signs to make a diag­no­sis. A bal­ance sheet is effec­tively a company’s med­ical chart….”

    Read­ers are told that they

    ….want to make sure that the com­pany is not overly bur­dened with debt, and that there is enough cap­i­tal to stay in busi­ness dur­ing bad times.”

    Lever­age trends are iden­ti­fied as impor­tant in the Lit­tle Book when it con­tin­ues to state

    …it is use­ful to observe trends over the past few years. Are lia­bil­i­ties grow­ing faster than assets? This could be an indi­ca­tion that the com­pany has to bor­row more and more money just to stay afloat…”

    How­ever, Mr. Browne (the author of the Lit­tle Book) appears to be a purest (which is per­haps a con­tro­ver­sial posi­tion) when he states that he

    …prefer(s) to sub­tract intan­gi­ble assets from [equity]” when cal­cu­lat­ing the amount of debt to equity because equity less intan­gi­bles gives him “…a bet­ter pic­ture of how much actual equity there is in a com­pany that could poten­tially be real­ized if needed.”

    The Lit­tle Book of Value Invest­ing con­tin­ues to warn

    In gen­eral a high debt-to-equity ratio means that a com­pany has been financ­ing its growth by bor­row­ing. Lever­ag­ing the com­pany by increas­ing debt lev­els is a double-edged sword….there is a real dan­ger of default and bank­ruptcy down the road. The less debt on the bal­ance sheet, the grater the mar­gin of safety.”

    In con­clu­sion the Lit­tle Book points out

    A strong bal­ance sheet is a good indi­ca­tor of a company’s sta­mina, its abil­ity to sur­vive when the going gets tough.”

    Value Invest­ing for Dum­mies has sim­i­lar lessons for CEOs/CFOs when in “Fun­da­men­tals for Fun­da­men­tal­ists” it asks and answers the “age old” ques­tion of “How much [debt] is too much?”

    [The] exces­sive use of debt sig­nals poten­tial dan­ger if things don’t turn out the way a com­pany expects them to. Lever­age is a good thing when things are going a company’s way. Debt financ­ing can be used to pro­duce more ….profit and, in the end, a big­ger business….But as every­one knows, this can work the other way….Industry stan­dards and com­mon sense apply to debt-to equity ratios.?”

    Later in Value Invest­ing for Dum­mies the reader is again warned that

    Finan­cial lever­age can be a good thing – to a point, and as long as things are going well.”

    So, how do the CEOs/CFOs some lead­ing banks and bro­ker­age firms stand up the stan­dard of know­ing and apply­ing the infor­ma­tion found in The Lit­tle Book of Value Invest­ing and Value Invest­ing for Dum­mies?

    Let’s start with the man­age­ment team from Bear Stearns. As it turns out, when it failed Bear Stearns had the high­est debt lev­els of any of the major bro­ker­age firms. At 33.53 to 1 at the end of 2007 Bear Stearns was mas­sively over­lever­aged and appar­ently didn’t under­stand that with so much debt “there [was] a real dan­ger of default and bank­ruptcy down the road.” (from The Lit­tle book of Value Invest­ing). And the trends for the past 5 years of lever­age were bad. Man­age­ment didn’t real­ize that they were increas­ing the risk of a fail­ure and up until the very end had lit­tle idea of the trou­ble that they were in. More­over, com­mon sense would sug­gest that when the com­pany was “burn­ing down” play­ing tour­na­ment bridge prob­a­bly wasn’t the best crises man­age­ment strat­egy. Clearly, the man­age­ment team at Bear Stearns needed to spend some time at Barnes and Noble hon­ing their skills and as a result failed the com­pe­tency test (not a big surprise).

    The Lehman Broth­ers team in place dur­ing 2007 also failed the com­pe­tency test. With lever­age at approx­i­mately 30.70 to 1 (and hav­ing added mate­r­ial amounts of addi­tional lever­age dur­ing 2005, 2006 and 2007) they only seem to have a mar­gin­ally bet­ter under­stand­ing about risk and lever­age than the Bear Stearns team (maybe that is why Lehman Broth­ers almost failed like Bear Stearns). How­ever, Lehman’s new CFO Erin Callan seems to pass the com­pe­tency test. Since she took over as CFO the firm has been reduc­ing its debt bur­den while at the same time increas­ing its equity and improv­ing its “Net Lever­age” ratio by almost 25%. By the way, Erin under­stands that when cal­cu­lat­ing Net Lever­age she is sup­posed to deduct good­will and other intan­gi­bles from equity as sug­gested by The Lit­tle Book. Erin appears to be the star of the Lehman Broth­ers exec­u­tive suit.

    At Cit­igoup the team headed up by Chuck Prince clearly didn’t
    know what was in either the Dum­mie or the Lit­tle Book series and were appro­pri­ately ter­mi­nated. How­ever, the new team lead by Vikram Pan­dit seems to have the “right stuff.” He is rais­ing cap­i­tal and reduc­ing debt as fast as humanly pos­si­ble. I guess his team has been hang­ing out at the Starbuck’s in his neigh­bor­hood Barnes and Noble.

    What about First Cap­i­tal? First Cap­i­tal oper­ates at a Net Lever­age Ratio of about 3 to 1 (which is about 1/10th of Lehman Broth­ers’ ratio after Ms. Callan began to per­form her magic and 1/15th of Citigroup’s Net Lever­age Ratio at Decem­ber 31, 2007). We didn’t increase our lever­age over the last 5 years and are care­ful to man­age both debt and equity to main­tain what is con­sid­ered to be a “fortress” bal­ance sheet. I guess we pass the lever­age com­pe­tence test.

    In future blogs I will dis­cuss addi­tional CEO/CFO com­pe­tency tests using cri­te­ria found in The Lit­tle Book of Value Invest­ing and Value Invest­ing for Dum­mies. I am con­fi­dent that First Cap­i­tal will con­tinue to pass the test but less con­fi­dent about others.

  4. THE LIBOR FIASCO AND THE ANATOMY OF A PRICE FIXING CARTEL" rel="bookmark">THE LIBOR FIASCO AND THE ANATOMY OF A PRICE FIXING CARTEL

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    Today the Wall Street Jour­nal reported that Fed offi­cials have been in con­tact with the British Bankers Asso­ci­a­tion regard­ing poten­tial manip­u­la­tion of the LIBOR rate.  While the Fed is once again pur­su­ing a “bet­ter late than never” strat­egy of pro­tect­ing the integrity of the bank­ing sys­tem, the rest of Wash­ing­ton seems to have gone AWOL and believes in the “never is bet­ter than ever” pol­icy of reg­u­la­tion and enforcement.

    The prob­lem is that LIBOR is sup­posed to rep­re­sent the mar­ket cost of bor­row­ing for high qual­ity banks in the whole­sale money mar­kets, i.e., the mar­ginal cost of money for good banks.  How­ever, instead of reflect­ing the inter-bank mar­ket it appears that LIBOR is an arbi­trary rate that is deter­mined by a car­tel of 16 banks in an opaque and manip­u­lated process. 

    LIBOR is by far the most pop­u­lar inter­est rate index that is used to set com­mer­cial and con­sumer inter­est rates in the United States.  Accord­ing to the British Bankers Asso­ci­a­tion approx­i­mately $150 tril­lion of debt is indexed to LIBOR. 

    It was noticed a few weeks ago that LIBOR appeared to be under­stat­ing the cost of bor­row­ing of many banks in Lon­don.  As soon as these reports cir­cu­lated, LIBOR spiked upward approx­i­mately 0.30%.  This sud­den and pro­nounced increase in LIBOR all but con­firmed the non-market and manip­u­lated nature of the index.

    While the increase in LIBOR sug­gests that United States bor­row­ers were get­ting “a good deal” from the banks because they were under­pay­ing their inter­est, it is hard to imag­ine that for most of the last 20 years LIBOR wasn’t set just a lit­tle higher than the actual mar­ket rate of bor­row­ing of banks and a long term and mate­r­ial fraud was per­pe­trated on Amer­i­can con­sumers and busi­nesses. 

    So, what’s the real “deal” with LIBOR?  Below are a few ques­tions and answers, as well as com­men­tary that I think maybe use­ful to under­stand the issue. 

    ·         What is LIBOR?

    Accord­ing to the British Banker Asso­ci­a­tion (the “BBA”) web site “…LIBOR reflects the actual rate at which banks bor­row money from each other”.  http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=139&a=13631

    The web site con­tin­ues “…because BBA LIBOR rates are cal­cu­lated daily from the rates at which banks agree to lend each other money, it is accepted as an accu­rate barom­e­ter of how global mar­kets are react­ing to mar­ket conditions.”

    Unfor­tu­nately, while the BBA states that it is the rate that banks lend to one another, in fact it is the rate that banks say that they lend to one another.  And unfor­tu­nately what they say isn’t really what they did.  So, LIBOR isn’t an accu­rate barom­e­ter of inter­est rates. 

    ·         Who sets LIBOR? 

     

    The British Bankers’ Asso­ci­a­tion (the “BBA”) sets LIBOR.  http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=840&a=11700

     

    Accord­ing to the British Bankers’ Asso­ci­a­tion web site “The BBA is the lead­ing asso­ci­a­tion for the UK bank­ing and finan­cial ser­vices sec­tor, speak­ing for 223 bank­ing mem­bers from 60 coun­tries on the full range of UK or inter­na­tional bank­ing issues and engag­ing with 37 asso­ci­ated pro­fes­sional firms.”

     

    The BBA web site ban­ner states that “The BBA is the voice of the bank­ing indus­try for all banks who oper­ate within the uk (sic)”. 

     

    ·         Why is the voice of banks that oper­ate in the UK being used to deter­mine inter­est rates in the United States?  Isn’t the United States a dif­fer­ent coun­try?  Shouldn’t the rate that United States banks lend to one another in the United States be used as the bench­mark for inter­est rates charged to busi­nesses and con­sumers in the United States?

     

    I don’t know why what banks say in Lon­don is used to deter­mine inter­est rates in the United States. 

     

    Ever since the Amer­i­can Rev­o­lu­tion the United States has been a dif­fer­ent coun­try from the UK.  By the way, in Lon­don they don’t call it the Amer­i­can Rev­o­lu­tion.  Chil­dren are taught that the Amer­i­can Rev­o­lu­tion is really the Amer­i­can War of Suc­ces­sion.  Just another exam­ple of the fact that the United States is really a dif­fer­ent coun­try than the United Kingdom. 

     

    The rate that banks lend to one another in the United States should be used to deter­mine bench­mark inter­est rates in the United States rather than the rate that banks lend to one another in the UK being used to deter­mine bench­mark inter­est rates in the United States.

     

    ·         How is LIBOR calculated?

    Accord­ing to the BBA web site “The BBA uses Reuters to fix and pub­lish the data daily, usu­ally before 12 noon UK time. It assem­bles the inter­bank bor­row­ing rates from 16 con­trib­u­tor panel banks at 11am, looks at the mid­dle eight of these rates (dis­card­ing the top and bot­tom four) and uses these to cal­cu­late an aver­age, which then becomes that day’s BBA LIBOR rate.  http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=139&a=13631&artpage=2

    This process is fol­lowed 150 times to cre­ate rates for all 15 matu­ri­ties (rang­ing from overnight to 12 months) and all 10 cur­ren­cies for which a BBA LIBOR rate is quoted.”

    ·         Does the LIBOR cal­cu­la­tion have trans­parency?  Can a cit­i­zen of the United States go to a data site and do the cal­cu­la­tion them­selves to check on the accu­racy and fair­ness of the BBA calculation?

    The cal­cu­la­tion isn’t trans­par­ent and every­one just “trusts” the BBA and the banks that par­tic­i­pate in the LIBOR cal­cu­la­tion to be fair and hon­est. 

    Past behav­ior would indi­cate that this trust is misplaced.

    ·         Which banks are sur­veyed by the BBA when they set United States dol­lar LIBOR, i.e., which banks deter­mine inter­est rates in the United States?

    Bank of Amer­ica
    Bank of Tokyo – Mit­subishi UFJ
    Bar­clays Bank plc
    Citibank NA
    Credit Suisse
    Deutsche Bank AG
    HBOS
    HSBC
    JP Mor­gan Chase
    Lloyds TSB Bank plc
    Rabobank
    Royal Bank of Canada
    The Nor­inchukin Bank
    The Royal Bank of Scot­land Group
    UBS AG
    West LB AG

    http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=145&a=9743&artpage=5

    ·         Doesn’t the Fed­eral Reserve and the inter-bank mar­ket in the United States deter­mine inter­est rates in the United States?

    Nope. 

    ·         How many of the banks are United States banks and how many of the banks are for­eign banks?

    3 of the banks are United States banks.  13 of the banks are foreign.

    ·         What is the rela­tion­ship of the fund­ing cost of the for­eign banks in Lon­don to most banks in the United States?

    Not a lot other than for­eign banks and banks in the United States both pay inter­est.  Any other sim­i­lar­ity of fund­ing cost seems to be coin­ci­den­tal. 

    ·         What over­sight do United States reg­u­la­tors have over the set­ting of LIBOR?

    Not a lot. 

    ·         How do we know that the rate set by the British Bankers’ Asso­ci­a­tion is actu­ally the “mar­ket rate” for bor­row­ings in United States dol­lars for the banks that are surveyed?

    We don’t and as it turns out the banks were pro­vid­ing false infor­ma­tion to the BBA ear­lier in the year. 

    ·         Why did the banks mis­lead the BBA by under­stat­ing LIBOR?  Such a mis­state­ment seems coun­ter­in­tu­itive to most observers. 

     

    It has been spec­u­lated that the banks didn’t want the mar­ket­place to know how expen­sive bor­row­ings had got­ten for them­selves.  They also didn’t want their share­hold­ers to know that they were hav­ing trou­ble obtain­ing fund­ing. 

     

    The major­ity of the banks sur­veyed took large losses in the sub-prime crises and it is widely believed col­luded to mis­lead their share­hold­ers and the mar­ket­place.  By the way, “mis­lead” is nice way of say­ing “lie”.   

     

    How­ever, most banks in the United States didn’t take large sub-prime losses and many banks have not expe­ri­enced a mate­r­ial dete­ri­o­ra­tion in credit qual­ity any­where in their port­fo­lio.  As such, the expe­ri­ence of these 16 LIBOR set­ting banks in Lon­don is for­eign in more ways than one to the expe­ri­ence of most of the United States bank­ing com­mu­nity. 

     

    ·         How do we know that the LIBOR rate set by the BBA in past years (or even cur­rently) doesn’t result in “over­charg­ing” of interest?

    We don’t.  And, it is a pretty good guess that if the banks pro­vided a “made up rate” to lie to the mar­ket in 2008, they did the same thing in prior peri­ods.  It is pretty likely that at least dur­ing some peri­ods in the past 20 years they over­charged.  They just didn’t over­charge enough to be noticed.

    ·         How do we know that they banks just don’t call each other up and decide what to tell the British Bankers Asso­ci­a­tion, i.e., col­lude, to rip off borrowers?

    We don’t know that they aren’t cur­rently col­lud­ing and based upon the evi­dence it is rea­son­ably likely that they in fact they did col­lude in the past. 

    ·         Who appointed the British Bankers’ Asso­ci­a­tion the “arbiter” of inter­est rates for United States borrowers?

    The bank­ing com­mu­nity in the United States grad­u­ally adopted LIBOR as the bench­mark rate for loans in the United States.  It was gen­er­ally con­sid­ered a fair and hon­est mar­ket rate even though we have now learned that it wasn’t fair and isn’t hon­est.  No one ever con­sid­ered that the “bill of goods” being sold regard­ing LIBOR wasn’t cor­rect. 

    ·         What should the gov­ern­ment do?

    Fed­eral and state gov­ern­ments and gov­ern­men­tal enti­ties should enforce the laws of the United States that are designed to pro­tect its cit­i­zens and ensure fair and trans­par­ent com­pe­ti­tion and mar­kets. 

    The Fed­eral Reserve should man­date that LIBOR be replaced on all new loan agree­ments with a real mar­ket rate that reflects the true cost of funds for banks in the United States.  Inter­est­ingly enough, either the Fed­eral Funds Rate or the Dis­count Rate would actu­ally work well for this pur­pose.  The Fed­eral Reserve should also inves­ti­gate whether or not con­sumer pro­tec­tion rights were violated.

    The Jus­tice Depart­ment and the Fed­eral Trade Com­mis­sion should imme­di­ately begin inves­ti­ga­tions to deter­mine if there was col­lu­sion and con­spir­acy by the banks involved in set­ting LIBOR and if crim­i­nal or civil sanc­tions are war­ranted.  A full inves­ti­ga­tion as to both anti-trust and anti-competitive behav­ior should begin immediately.

    The SEC should exam­ine whether or not there was ade­quate dis­clo­sure on the part of the banks that file reg­is­tra­tion state­ments with the SEC as to their role in set­ting LIBOR and the poten­tial crim­i­nal or civil vio­la­tions that occurred.

    And, the var­i­ous state Attor­ney Gen­er­als should exam­ine whether or not state anti-trust and con­sumer pro­tec­tion laws were vio­lated. 

    ·         Should we trust the banks to fix the LIBOR mess?  Is this an exam­ple of bank­ing integrity in action?

    NO and NO.