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Derivatives Counter-Party Credit Risk: Lessons from AIG and the Credit Crisis

Damien Laker CIPM, CompoundingHappens.com

22nd September 2008

The insurance company AIG received an emergency US federal government loan of $85 billion on Tuesday 16th September 2008.  Over the previous three quarters, AIG had incurred losses of $18 billion on mortgage insurance that it had written.  The popular press have been describing this as a "bailout".  This seems to suggest that the management and shareholders are being rewarded by the government for their misallocation of capital.  However, the US government has taken 80% equity in AIG, and is charging interest on the $85 billion loan at an 850 basis point premium over 3 month Libor.  (See Business Spectator's report on AIG for an account of the facts).  This is certainly not a sweet deal for existing AIG shareholders: the government has taken most of their equity, and is charging them a swingeing interest rate on the loan.  The government may not get the full principal of the loan back if there are difficulties in unwinding AIG's portfolio of problem assets, but let's be clear about this: AIG shareholders are not getting a free handout from the government.  Rather, they are losing most of their investment to the government.  Admittedly, some aspects of the US government response to the credit crisis do seem rather unfocused and hastily cobbled-together (see the New York Times critique published by fabled economist Paul Krugman).  But, looking strictly at the AIG affair, it is hard to make a case that the shareholders are being given a handout from the taxpayer.  There are more interesting ways of thinking about this question.

The two most interesting questions are perhaps:

1. How did AIG fall into such a weakened state? and

2. Why did the US government decide to intervene?

As it turns out, the answers to both these questions are related.  They have to do with credit risk, which is the risk that a financial counterparty will not be able to pay all its obligations when they fall due.

Credit risk is a double-edged sword.  Keynes supposedly once said, "If you owe your bank a hundred pounds, you have a problem. But if you owe a million, it has."  This dictum carries a very important insight into the allocation of risk.  If you are dealing with a risky counter-party, the risk of the counter-party's portfolio exploding is also a significant risk for you.

AIG wrote a lot of credit default swaps (CDS) and similar instruments.  The purpose of these instruments (from the standpoint of the person who purchases them) is to provide insurance against a counterparty failing to repay its debts.  So, for example, if you owned bonds issued by XYZ Bank, you could buy a CDS (at perhaps 3.5% a year) to insure against the risk that the XYZ Bank bonds would fail to make their payments of interest or principal.  By using Credit Default Swaps, companies were able to hold portfolios of bonds where they had (at least in principle!) eliminated the credit risk. 

Inevitably, more complicated strategies quickly emerged.  By buying and selling CDS at the right times, one could make bets on whether the market's perception of a bond's creditworthiness would go up or down.  Instead of investing in corporate bonds, people started "slicing off" the component of a corporate bond's return that depends on credit risk, and they traded this return with one another.

Some interesting aspects of this story are told in the article Buffet's "time bomb" goes off on Wall Street by James B. Kelleher.  According to Kelleher, the CDS market increased from $631 billion in the year 2000, to $46 trillion in the first half of 2007.  Credit default swaps are an "over the counter" instrument, which means they are simply traded between one party and another.  This stands in contrast to exchange-traded instruments, where brokers and exchanges sit between the parties to a contract.  Kelleher reports that one hedge fund insured an institution called UBS (Used to Be Smart, previously known as Union Bank of Switzerland) for the credit risk on $1.3 billion of subprime mortgages.  The hedge fund took about $2 million a year of annual premium for insuring this risk.  The risk was backed by a subsidiary of the hedge fund, capitalised at only $4.6 million.  So long as the mortgages held strong, the hedge fund made wonderful profits.  Once things headed south, the hedge fund's problem swiftly became UBS' problem.

As Glenn Stevens, the governor of the Reserve Bank of Australia pointed out last week, "a lot of the risk ended up being concentrated on the books of highly leveraged institutions".  "High risk and high leverage proved to be a fatal combination," Glenn Stevens said. "It always does."

What about the US government rescue package (known as the TARP: "Troubled Asset Relief Program")?  Viewpoints about USA politics are very polarised at the moment.  Hence a lot of the commentary on US government attempts to alleviate the crisis are either pro-government cheerleading, or anti-government quasi-socialist rhetoric about "privatising profits and socialising losses".  Neither of these diametrically-opposed viewpoints offers any useful insight into the problem.  Indeed, these viewpoints seem to entrench ignorance.  Leaving all of the politics aside, the interesting financial questions about these recent events concern counterparty risk.  Somehow, financial markets allowed a situation to develop where a small number of under-capitalised counterparties held a large amount of credit risk.  Moreover, these counterparties paid a lot of attention to their accounting profit and loss, but very little attention to their market exposure.

From our humble viewpoint at CompoundingHappens.com, where we have tried to help some firms implement meaningful analysis of their investment performance, the source of the problem has often been astoundingly clear.  Ask a large US financial institution their accounting profit or loss, and they can tell you to the exact cent.  Ask them their market exposure, and they will admit to being completely clueless.  How can a large financial institution possibly navigate their way through the complex world of derivatives when they are not even measuring their exposure in any systematic way?

There have been many causal factors behind the current crisis, including lax monetary policy, poor lending practices, a disastrously incompetent US President, poor regulation of banks and hedge funds, not to mention lashings of greed on the part of everyday folk who used debt to finance speculation in real estate markets.  But, if was necessary to identify the most critical point of failure in the whole system, we think it was the unprecedented use of debt derivatives (Credit Default Swaps (CDS) and Collateralized Debt Obligations (CDO)) to spread credit risk into every nook and cranny of the world financial system in a way that was poorly understood.  Many firms that use derivatives have grossly inadequate operational processes for dealing with them.  For example, trading, settlement, and novation are often not automated.  Also (this is our main bugbear) many large firms persist in the antediluvian practice of analysing portfolio performance using the accounting profit and loss, with no reference to the economic exposure of the instruments they are holding.  These firms are "penny wise and pound foolish" by not using modern techniques for analysing their portfolios taking exposure into account.  This is an operational weakness.  But the current crisis has demonstrated very clearly that operational weaknesses can combine very potently with other factors to create financial losses on a scale that could hardly have been imagined.  This is an aspect of the current crisis that we think is gravely under-estimated.  With respect to the learned economists and central bankers, they usually have little knowledge or experience of the operational processes in financial firms.  Enough operational weaknesses combined together can become "an accident waiting to happen".

We write below about regulatory initiatives to improve the trading and settlement of credit derivatives.

We hope that regulators will also become enlightened about the need to dispense with any kind of investment performance analysis that doesn't properly take exposure into account.  It is just plain misleading.


Insurance has always been a business that involves small regular profits punctuated by large irregular losses.  For example, a number of high-net-worth individuals discovered this when they suffered huge losses as a result of their activities as Names in the Lloyds of London insurance market.  A TIME Europe article describes how many Names learned the hard way that pledging the full extent of your personal wealth was no mere ritual involved in becoming a Name.  In most years, a Name would simply receive a cheque in the mail rewarding them for their capital pledge.  However, when asbestos claims reached their height, many Names faced the threat of bankruptcy.  What they had failed to consider was their market exposure - instead, as so many investors do, they only considered the annual profit and loss statement.  

The celebrated writer Nicholas Taleb has ignited many imaginations by describing investment strategies that resemble writing options as "picking  pennies in front of a steamroller" [1].  People like consistently profitable investment strategies, even if the downside of that strategy is the possibility of suffering catastrophic loss once in a blue moon.  This is why people so easily focus only on the profits, and forget the counterparty risk, and the total exposure of their position.  These strategies easily become leveraged, but the person implementing the strategy may be oblivious to the leverage, based on the mere fact that they have not actually borrowed money.

In conclusion, we suggest that the four main lessons to be learnt from the credit crisis are:

1.  Financial institutions need to understand and report their exposure, as well as their accounting profit or loss.  Without understanding both these dimensions, and analysing them together, there is no hope for meaningful risk management.  Pragmatically, we think that any decent financial institution in the 21st century should be running a portfolio performance analysis system that calculates daily weights and returns using exposures and accounting market values.  Anything less is obsolete technology.

2.  Participants in financial markets need to think carefully on the difference between exchange-traded and OTC derivatives.  Most exchanges have complicated sets of rules to contain the contagion by the failure of one counterparty.  Brokers are required to know their client, and to use daily margining to keep track of whether the client's capital base is being overstretched.  Brokers are supposed to monitor the parties who trade through them, and if a broker's client fails to pay their obligation, the exchange rules may require the broker to draw on its own capital to rescue the counterparty.  In contrast, when you trade OTC with a counterparty, you need to understand that the counterparty themself could be your largest risk exposure.  The whole credit crisis has involved OTC derivatives.  Perhaps the brokers and exchanges that facilitated an exchange-traded system really did add some risk control and stability.  And perhaps they should be favoured in the future.

3.  Counterparty risk.  If your counterparty is losing on a deal it did with you, you may feel that you have protection.  But think for a second: is that counterparty losing on many other deals also?  If so, you could get sucked-down into the loss.

4.  Strategies that are like writing an option have unintuitive payoff curves.  In most periods, the payoff will be to earn a relatively small premium.  But, just occasionally, the payoff will be a potentially destructive loss.  Think carefully about how much you want your business to have this sort of payoff curve.  You will also need to think about how much you want to deal with counterparties who have this kind of payoff curve.  Gathering information about your counterparties' payoff curves can be costly or even impossible.


See Also

References

1.  Taleb, Nassim Nicholas, The Black Swan: The Impact of the Highly Improbable, Random House, 2007.


Update (26 September 2008)

Amid all the emotional hand-wringing about the proposed rescue plan (TARP), we have found two pieces of lucid commentary:

  1. Bill Clinton did a TV interview, in which he clearly explained the source of the crisis and why it needs to be solved.  He pointed out that many rescue plans in the past have turned out to be profitable for the government, and that this plan could also be profitable.  This stands in total contrast to the misconception that a rescue plan would necessarily involve ordinary US taxpayers handing out free money to wealthy financial market participants.
  2. Vikas Bajaj, of the International Herald Tribune, contributed a perceptive story on the key issue of how the distressed securities might be valued.  He reports that, in July, Merrill Lynch sold $31 billion of mortgage-linked securities for 22 cents on the dollar.  Also, in November 2007, a Chicago-based hedge fund bought $3 billion of mortgage-related securities at 27 cents on the dollar.  An example of a relatively high valuation is at Citigroup, where similar securities are valued at 61 cents on the dollar.  He also reports that Robert Hansen, from the Tuck School of Business, said that the government might possibly make a profit on the rescue plan.

It is interesting to note that purchasing "distressed debt" is an established profitable strategy for hedge fund investors (see http://en.wikipedia.org/wiki/Distressed_securities).  In the current environment, market failure has taken place, and the financial markets are unable to digest the enormous volume of ill-conceived securities that are on the hands of large financial institutions.  The US government needs to alleviate the failed market in order to prevent a dreadful downturn in the economy.  So some form of rescue plan is necessary.  This necessity seems to be fooling many people into overlooking the prospect that a rescue plan, if conducted at all competently, will most likely be one of the most profitable distressed debt portfolios in the history of the world.  The US government is in a unique position to ensure the profitability of any investment they make, because they control the regulatory agencies, and they have law-making ability (subject to the whims of Congress).


Update (2 October 2008)

The popular press have done a very poor job of covering the financial crisis.  A recent exception to this appeared in the New York Times on 30th September 2008.  In "Rescue the Rescue" by award-winning journalist Thomas L. Friedman (NOTE: Free registration may be required to view this web page), the author describes the enormous risk that Congress is running by rejecting (or at best delaying) the rescue plan.  He writes:

"I’ve always believed that America’s government was a unique political system — one designed by geniuses so that it could be run by idiots. I was wrong. No system can be smart enough to survive this level of incompetence and recklessness by the people charged to run it.

"This is dangerous. We have House members, many of whom I suspect can’t balance their own checkbooks, rejecting a complex rescue package because some voters, whom I fear also don’t understand, swamped them with phone calls. I appreciate the popular anger against Wall Street, but you can’t deal with this crisis this way."

The issue Friedman doesn't mention is that those of us who live outside the USA are still dependent on the decisions of Congress, even though we have no say in the US political process.

At the time Friedman wrote his article, the fate of the world financial system seemed to depend on the decisions (or non-decisions) made by small number of US politicians who are under extreme duress from a pool of largely ill-informed and short-sighted voters.  These voters, in turn, are mainly basing their views on heavily distorted media reporting about the proposed "bail-out".  This is not democracy (or financial decision-making) at its finest.


Update (3 October 2008): The Legislative Process Descends into Farce

It has now been reported by the San Francisco Chronicle ("House bailout legislation larded with - yup, you guessed it - earmarks" by Zachary Coile) that the rescue bill has expanded from 3 to 451 pages, and that it now contains a large number of earmarks.  An earmark is a spending proposal -- unrelated to the primary purpose of a bill -- that is added to the bill in the hope that it will pass into law without receiving proper scrutiny on its own merits.

According to the report, the bill now includes:

  • "a $2 million tax benefit for makers of wooden arrows for children;
  • a $100 million tax break to benefit auto racetrack owners;
  • $192 million in rebates on excise taxes for the Puerto Rican and Virgin Islands rum industry;
  • $148 million in tax relief for U.S. wool fabric producers; and
  • a $49 million tax benefit for fishermen and other plaintiffs who sued Exxon over the 1989 tanker Valdez spill".

When the bill was first proposed, many commentators expressed concerns that the money in it would be used wastefully.  This urgent bill, aimed at unclogging the arteries of the world's financial system, now contains these extra measures (added by politicians from both sides) that are undoubtedly "pure pork".

We reiterate our observation that this is not democracy (or financial decision-making) at its finest.


Update (20 October 2008): Reducing Counterparty Risk in Derivatives

The largest participants in OTC derivatives markets are well aware that the absence of any exchange or similar centralised counterparty raises concerns about counterparty credit risk.  Risk magazine reported in May 2008 on a proposal to create a clearing-house for Credit Default Swaps (CDS).  The clearing-house would be a central counterparty, reducing systemic risk through its ability to net-out gross exposures, and to require daily posting of variation margins from all participants.

Without a centralised clearing-house, the failure of one institution could lead to a "domino effect", as other institutions in turn suffered losses in the OTC market.  A proposed clearing house would do checks on the credit-worthiness of each market participant, and it might include a default fund, which would serve as a shock-absorber in the event of the failure of an institution.

In August 2008, The Economist reported further on the proposals to establish a clearing-house for credit default swaps.  They reported that only half of all OTC interest-rate trades are automated.  This leads to backlogs in the processing of trades, and the bigger the backlog, the bigger the risk.  Hence, regulators such as the Fed are urging large institutions to agree on improved trade processing systems.

The legendary hedge-fund investor George Soros has been quoted as saying that the risk of counterparty failure in the CDS market "hangs over the financial markets like a sword of Damocles that is bound to fall".  His comments were reported quite thoroughly in Foreign Policy.  Soros sees the problem of counterparty risk in OTC derivatives as something that has to be fixed.  Soros sees increased regulation as a necessary part of the solution.  It is self-evident that the large market participants have not done enough to safeguard the system against failures in OTC derivatives, so it is difficult to escape Soros' view that, where the market has failed, regulators must dictate more stringent safeguards.


Update (28 October 2008): Paul Krugman Interview

The celebrated economist Paul Krugman recently received the Nobel prize for Economics.  We think his many qualifications in the field of economics mean that his views on the crisis are worth very serious attention.  Here is a recent TV interview, in which he discusses the causes of the crisis, and (more importantly) the policy choices that are necessary to stop the forthcoming recession turning into a depression.

 

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