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     Nov 27, 2007
Page 2 of 5
PATHOLOGY OF DEBT

PART 1: Banks as vulture investors
Henry C K Liu

year. There was real danger of a rush of redemptions from nervous investors that would force the funds to sell securities in a market that had all but seized up, forcing down asset prices to fire sale levels. Global Equity Opportunities investors were entitled to pull their money monthly with a 15-day warning, meaning notices for August 31 were due on August 16. Global Alpha investors could redeem quarterly, and certain share classes also were required to



notify the fund by the week of August 13.

Hedge funds are private, largely unregulated pools of capital whose managers command largely unrestricted authority to buy or sell any assets within the bounds of their disclosed strategies and participate in gains but not losses from investment. The industry has been growing over 20% annually due to its above-market performance. Still, Carhart and Iwanowski, both in their early forties, had not been able to take any of their 20% incentive fees since Global Alpha fell from its 2006 peak. They would have to make good about 60% of their previous incentive fees from profit, if any, in future quarters before they could resume taking a cut of the fund’s future gains.

The Fed wavered
By August 16, the DJIA fell way below 13,000 to an intraday low of 12,445, losing 1,212 points from its 13,657 close on August 8. The next day, August 17, the Fed, while keeping the Fed Funds rate target unchanged at 5.25%, lowered the Discount Rate by 50 basis points to 5.75%, reducing the gap from the conventional 100 basis points by half to 50 basis points, and changed the rules for access by banks to the Fed discount window.

In an accompanying statement, the Fed said: ''To promote the restoration of orderly conditions in financial markets, the Federal Reserve Board approved temporary changes to its primary credit discount window facility. The Board approved a 50 basis point reduction in the primary credit rate to 5-3/4 percent, to narrow the spread between the primary credit rate and the Federal Open Market Committee's target federal funds rate to 50 basis points. The Board is also announcing a change to the Reserve Banks’ usual practices to allow the provision of term financing for as long as 30 days, renewable by the borrower. These changes will remain in place until the Federal Reserve determines that market liquidity has improved materially. These changes are designed to provide depositories with greater assurance about the cost and availability of funding. The Federal Reserve will continue to accept a broad range of collateral for discount window loans, including home mortgages and related assets. Existing collateral margins will be maintained. In taking this action, the Board approved the requests submitted by the Boards of Directors of the Federal Reserve Banks of New York and San Francisco.''

The Fed panicked
A month later, on September 18, brushing aside a DJIA closing at a respectable 13,403 the day before even in the face of poor employment data for August, the Fed panicked over the unemployment data and lowered both the Fed Funds rate target and the Discount Rate each by 50 basis points to 4.75% and 5.25% respectively. The rate cuts gave the DJIA a continuous rally for nine consecutive days that ended on October 1 at 14,087. Obviously, the Fed knew something ominous about the credit market that was not reflected in the DJIA index.

The Global Equity Opportunities fund, now with about US$6.6 billion in asset value, was using six times leverage before the capital infusion. Like many other managers, Goldman was experiencing the same problems with its so-called quantitative funds. Quant funds use computerized models to make opportunistic investment decisions on minute statistical disparities in asset prices caused by market inefficiency. When the short-term credit market seized up, the quant models turned dysfunctional.

Funds caught with significant losses in credit and bond investments had to sell stock holdings to lower the risks profile of their overall portfolios, and the herd selling in the stock market magnified the price shift in a downward spiral. Stocks that were held long fell in price, and stocks that were held short rose, exacerbating losses.

Opacity fueled market rumors
As required, quant fund managers have been disclosing losses to investors but they are not required to disclose to the market. The opacity fueled the rumor mill. Renaissance Technology’s US$26 billion institutional equities fund was reportedly down 7% for the year. Some of the funds that Applied Quantitative Research (AQR) managed were down as well, as were quant funds at Tykhe Capital, Highbridge Capital and D.E. Shaw (of which Lehman now owns 20%).

Vulture Opportunities in distressed funds
At Goldman, quant funds made up half of the US$151 billion of alternative investments under management, and half of which was the sort of long-short equity quant funds that had been having trouble. But Goldman executives began to see opportunities in distressed funds. The highly respected AQR was raking in new funds to invest in distressed situations, as were other astute fund managers. ADR is an investment management firm employing a disciplined multi-asset, global research process, with investment products provided through a limited set of collective investment vehicles and separate accounts that deploy all or a subset of AQR's investment strategies. These investment products span from aggressive high-volatility market-neutral hedge funds, to low-volatility benchmark-driven traditional products. ADR’s founder is Clifford S. Asness, an alumni of Goldman where he was Director of Quantitative Research for the Asset Management Division responsible for building quantitative models to add value in global equity, fixed income and currency markets. He was another of Fama’s students at the University of Chicago.

Goldman was putting its own money down alongside that of select outside investors, an expression of its faith in the fund’s ability to recoup. The situation differed from that of Bear Stearns, which had to loan US$1.6 billion to bail out one of two internal hedge funds that had big problems with exposure to mortgage-related securities.

The first wave of warnings
Goldman, one of the world’s premiere financial companies, had joined Bear Stearns and France’s BNP Paribas in revealing that its hedge funds had been hit by the credit market crisis. Bear Stearns earlier in the summer disclosed that two of its multibillion dollar hedge funds were wiped out because of wrong bets on mortgage-backed securities. BNP Paribas announced a few weeks later it would freeze three funds invested in US asset-backed securities.

The assets of the two troubled Bear Stearns hedge funds had been battered by turmoil in the credit market linked to sub-prime mortgage securities. On June 20, 2007, US$850 million of the funds’ assets held as collateral was sold at greatly discounted prices by their creditor, Merrill Lynch & Co. The assets sold included mortgage-backed securities (MBS), collateralized debt obligations (CDO) and credit default swaps (CDS). JP Morgan, another Bear Stearns creditor, had also planned an auction for some of the collateralized assets of the Bear Stearns funds, but cancelled the auction to negotiate directly with the Bear Stearns funds to unwind positions via private transactions to avoid setting a market price occasioned by market seizure.

The two Bear Stearns funds - High-Grade Structured Credit Strategies Enhanced Leverage Fund and High-Grade Structured Credit Strategies Fund, run by mortgage veteran Ralph Cioffi - were facing shut-down as the rescue plans fell apart. The funds had slumped in the first four months of 2007 as the subprime mortgage market went against their positions and investors began asking for their money back. The High-Grade Structured Credit Strategies Enhanced Leverage Fund sold roughly US$4 billion of subprime mortgage-backed securities in mid-June, selling its highest-rated and most heavily traded securities first to raise cash to meet redemption requests from investors and margin calls from creditors, leaving in its portfolio the riskier, lower-rated assets that had difficulty finding buyers.

Collateral debt obligation crisis
CDOs are illiquid assets that normally trade only infrequently as institutional investors had not intended to trade such securities. Demand for them is not strong even in normal times. In a credit crunch, demand would become extremely weak. Sellers typically give investors one or two days to price the assets and bid in order to get the best price. Bid lists were now sent out for execution within roughly an hour, which was unusual and suggested that sellers were keen to sell the assets quickly at any price.

Bear Stearns’ High-Grade Structured Credit Strategies Enhanced Leverage Fund sold close to US$4 billion worth of AAA and AA rated securities. The fund was started less than a year ago with US$600 million in assets, and used leverage to expand its holdings to more than US$6 billion. But subprime mortgage trades that went wrong left the fund down 23% in the first four months of 2007. The fund was selling its highest-rated and most tradable securities first to raise cash to meet expected redemption requests and margin calls. Buyers were found for the bonds but the fund still had to retain lower-rated subprime mortgage-based securities that had triggered its losses earlier in the year.

Bear Stearns was highly leveraged in an illiquid market and was faced with the prospect that its funds were going to start getting margin calls, so it tried to sell ahead of being in the worst spot possible. Subprime mortgages were offered at low initial rates to home buyers with blemished credit ratings who could not carry the adjusted payments if and when rates rise. This was not a problem as long as prices for houses continued to rise, allowing the lenders to shift loan repayment assurance from the borrower’s income to the rising value of the collateral. Thus subprime mortgages lenders were not particularly concerned about borrower income for they were merely using home buyers as needed intermediaries to profit from the debt–driven housing boom. This strategy worked until the debt balloon burst. Rising delinquencies and defaults in this once-booming part of the mortgage market had triggered a credit crunch earlier in the year that left several lenders bankrupt. Many hedge funds had generated big gains for several years on this unstainable liquidity boom. The premature bears who shorted the market repeated lost money as the Fed continued to feed the debt balloon to sustain the unsustainable.

As delinquencies and foreclosures rose finally, losses first hit the riskiest tranches of subprime mortgage-backed securities (MBS). The losses were subsequently transmitted to collateralized debt obligations (CDOs) that invested in the higher-rated tranches of subprime MBS that did not have an active market, since they were bought by institutions with the intention to hold until maturity. Such securities were super safe as long as their ratings remained high.

Hedge funds have become big credit-market players in recent years, and many firms trade the riskiest tranches of subprime MBS and higher-rated CDO tranches to profit from the return spread. While some funds, such those managed by Cheyne Capital and Cambridge Place Investment Management, had suffered sudden losses, some hedge funds made handsome gains in February 2007 betting that a subprime mortgage crisis would hit.

As the number of market participants increased and the packaging of the CDOs became more exoteric over the liquidity boom years, it became impossible to know who was holding the ''toxic'' tranches and how precisely the losses would spread, since the risk profile of each tranche would be affected by the default rates of other tranches. The difficulty in identifying the precise locations of risk exposure caused a sharp rise in perceived risk exposure system-wide. This sudden risk aversion led to rating downgrades of the high-rated tranches, forcing their holders to sell into a market with few buyers.

The Federal Deposit Insurance Corporation, which monitors risk in the banking system, tracks bank holdings of MBS but not specific

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