Washington and populists versus Wall Street (Goldman) and the implications for Financial Regulation.
In my view, the SEC recently sued Goldman Sachs on the John Paulson âGreat Housing Shortâ deal to help Democrats pass their Financial Regulation bill.
The 2010 (very important) mid-term elections hang in the balance. President Obama and Secretary Geithner continued the Great Bailout and passed Stimulus Bills, and the voting public hates both. Itâs fueled the Tea Party, which may bring havoc to the elections.
Until the President can close the bailout barn door - after the animals are out - he canât square this problem with the voting public. So the Presidentâs Fin Reg campaign has taken on the same urgency and passion he used to strong-arm health care. Fin Reg is a must win for the Democrats before the midterm elections like health care was too.
After being strong-armed by the Democrats (3/2 vote in the SEC), Goldmanâs CEO Blankfein played his dutiful role as hoped for by the Democrats. Blankfein predictably said Goldman did nothing wrong and yet also did not take the bait by Republicans on the panel to challenge the Fin Reg bill and he showed overall support for it. A total sycophant.
A market maker is different from an investment adviser.
Goldmanâs business model as a market-maker, proprietary trader, investment banker is not grossly wrong as alleged by Democrats on the Congressional panel. Drastic financial regulatory reform and change is poorly conceived, it will have great unintended consequences and concentrate weigh too much power in the hands of government, who itself is the biggest issuer of debt and should not have itâs hands on the market maker switches.
The Congressman on the panel during the Goldman testimony showed that they donât understand how markets work, and what a market maker does and should not do. They compared derivatives and Wall Street and trading to a casino, sports betting and socially-useless behavior. Is hedging the dollar, commodities and other risks for Caterpillar and American farmersâ socially-useless? Without these derivatives and hedges American exports would cater off a cliff. Warren Buffet the most respected billionaire in America is the biggest buyer of derivatives in the world. He is a happy customer of Goldman and even was an important bailout equity stake buyer in Goldman too.
A market-maker is a company offering services either off-exchange or through exchanges that matches buyers and sellers. See Wikipedia at
http://en.wikipedia.org/wiki/Market_maker. âA market maker is a company, or an individual, that quotes both a buy and a sell price in a financial instrument or commodity held in inventory, hoping to make a profit on the bid-offer spread, or turn.[1]â âIn stock exchange. Most stock exchanges operate on a "matched bargain" or "order driven" basis. In such a system there are no designated or official market makers, but market makers nevertheless exist. When a buyer's bid meets a seller's offer or vice versa, the stock exchange's matching system will decide that a deal has been executed.â
Fin Reg is flawed.
If Fin Reg is passed as its conceived now, picture off-exchange derivative transactions move to exchanges and central clearing. Just like buying or selling a stock on an exchange now, do you think a commodities exchange (in Obamaâs home town) has the time, role or capability to (investment) advise a buyer or seller on their transaction - to ask the party why they are buying or selling, or asking them to disclose those facts to party on the other side of the transaction? That is a ridiculous idea borne from complete ignorance from Congressman who confuse market-making with the role of investment adviser.
Goldman was not just a market-making exchange-mechanism. It was also a match-maker, cooking up deal ideas like investment bankers do for buyers and sellers of entire companies. Goldman also took on the role of principal, taking the buy or sale side of a market-making transaction, when another party dropped out of the transaction of did not take the full size of the transaction. Can a market-making exchange play that role?
Simple public securities, futures and commodities are easily traded on exchanges. For some large players (manufacturers, farmers, energy companies, shippers, insurance companies and others), very large blocks or risk-adjustment derivative instruments may be better suited for an off-exchange derivatives market. These players would influence on-exchange prices and they donât want that either. Investment-banking can never be conducted on exchanges, it benefits from special deal making counsel and ideas from investment banking. Derivatives are somewhere between commodity transactions and private company mergers and acquisitions. It belongs in Wall Street banks. Fin Reg is wrong about this.
The same goes for prop trading, the Volcker Rule is wrong. Goldman is in the risk-adjustment business and prop trading is a way to reduce risks and of course make new risks too. But one goes with the other. Strip prop trading out of commercial banks and you leave them in the bad loan business only. Banks prop trading gains offset bad loan losses. But that story is beyond the scope of this article.
Disclosure can be inappropriate.
During the Congressional inquiry into Goldman on April 28, 2010, Congressman argued that Goldman should have disclosed their bias change to negative thoughts about the US housing market. To the equity buyers in the Abacus (Paulson) deal and investors in other (crappy) mortgage securities in their pipeline.
Goldman correctly pointed out that it would be inappropriate for a market-maker (or a mechanism) to make those disclosures. Hereâs why Goldman is right.
Congressman on the panel - even the Republican ones too - loved using denigrating analogies about how derivatives resembled sports betting and a casino for disinterested parties (who are not farmers hedging their crops) carrying on âsocially-uselessâ behavior for their own greedy profit. Congressman thought they were dumbing-down these complex concepts for American viewers, but in my view they showed they are just dumb on these subjects in general and donât understand or respect the role of market-markers, traders and others who play a vital role in financial markets. Goldman tried to explain, but they wouldnât listen.
Traders understand that they provide liquidity, narrower buy and ask spreads, usually help confidence and lead to the overall health of financial markets. When markets deserve a good beating down, short-sellers help uncover and bring the truth. It may hurt, but itâs better than suppressing the truth, which leads to far worse bubbles and busts.
Exchanges can not handle all the tremendous risk-adjustment needs of global businesses and if derivatives are forced on exchanges, it could mess up pricing for farmers, and lead to a vicious cycle of risk-adjustment transactions on exchanges. The private derivatives marketplace safeguards exchanges and users of exchanges.
A better analogy.
Hereâs a better more honest analogy for Americans to consider when viewing Wall Street over the past meltdown years.
Market pundits and the media are warning Americans to fix their deficit crisis. They argue that is not fixed, American may receive junk bond status from ratings companies and interest rates could skyrocket, putting back-breaking stress on the system and leading to failure.
If and when Goldman comes to the judgment that US, state and local government debt is very overrated by the rating companies, and that Goldman needs to rein in risk on their long-positions in government debt or divisions dedicated to pedaling government debt around the world â in other words a new Great Short (counterbalancing) trade â what should Goldman do at that point? Should Goldman listen to what the Congressmen called for yesterday?
Should Goldman stop issuing government debt and broadcast to investors around the world that the Great Goldman Wizard of Oz thinks US, state and city debt is poised for a huge sell-off? Wouldnât that cause a ârun on the (US taxpayer) bankâ?
Or, should Goldman just keep its own market predictions to itself and not allow those predictions to influence its role as a public-servant to be a private and trusted market-maker for government debt? Wouldnât Goldman disclosing its negative feelings about the government debt market influence buyers and sellers and shouldnât a market-maker function be neutral? Isnât an on-exchange market-marker function neutral by design too? Exchanges donât have artificial intelligence programs that snap into use to tell buyers to think twice about their orders and give their market advice.
Part II next