Its been a while since I have written an entry here. A lot has happened in the past several months since I have written here. One being the Greek credit crisis that threatened to cripple a country, or even a currency union, ran its course. Coincidentally, in a previous entry, I used Greece as an example of an economy the US should not try to emulate because of its overly generous entitlement programs. The US government responded to this crisis by expanding entitlement programs and ballooning the deficit to dangerous levels. Regardless of all that has happened I am most concerned about the new “Financial Overhaul” bill that is almost assured to be signed into law very soon.
I will be the first to say, not all of these provisions are bad. I have to give credit where credit is due. First, and foremost, I think that complex derivatives need to be traded on exchanges rather than in back room deals. This will allow a market to factor the risk of these assets rather than a rating agency or a bank executive. It will allow the purchasers to gain a better understanding of what products in this high risk category are available, from different underwriters, in a side to side comparison, rather than from a biased bank “salesperson”. This is the main benefit I see offered in this bill.
The first problem I have with this bill is the fact that the government will now have the ability to dismantle a “failing” company that has the “ability to affect the economy”. What large company failure would not "effect the economy"? This bill leaves enough ambiguity to allow the government to seize a company that may not actually be on the brink of failure. This, oddly enough, is not the main problem I have with this bill. I was completely stunned when I read that the cost of dismantling one of these failing businesses would be shared by industry peers, regardless of if they contributed to the failure. This is one of the most illogical ideas to have ever come out of our capital, which let’s face it, is known for coming up with awful ideas. Without this legislation the Fed stepped in and brokered deals to sell off failing companies. Granted, shareholders got pennies on the dollar compared to share prices from only one week prior. Regardless, the Fed was able to broker a deal for Bear Stearns and Merrill Lynch, with only one large brokerage firm failure, Lehman Brothers.
Lets apply these rules to the 2008 crisis, which this bill claims it could have prevented. First, Bear Stearns shares plummet. The government decides it is a “failing” firm. Associates from an inefficient and inexperienced government body fill the company’s Manhattan offices and begin to decide how to divide the company up. Merrill Lynch, Lehman Brothers, Goldman Sachs, etc. all receive an invoice to cover the costs of bailing out out Bear Stearns. Keep in mind this makes them financially liable for bad decisions they had input in making. Also, these firms were all experiencing financial troubles at the time, and could not rightfully afford to pay for a liquidation of this size. The added financial liability could have accelerated the demise of these companies, allowing the government to step in and liquidate them as well. If this bill was in effect during the 2008 crisis I believe Merrill and Bear would not have been able to weather the storm long enough to be bought out while they were still intact. Goldman Sachs would probably be the last American owned large brokerage firm on Wall Street.
In all fairness this bill does provide much needed tougher regulations on complex derivatives, but it will actually encourage risky activity. For example, if your local government came to your house and said, if your neighbor goes bankrupt you and your neighbors are going to have to contribute funds to pay off his debts, but conversely the same goes for you. Well you may feel like being liable for someone else’s poor decisions is unfair, but you go on with your life. That is, until your neighbor backs a 40 foot boat into his driveway. You know he clearly cant afford this, so you have to make a decision. Either you can sit around and wait for him to default, and pay the associated costs, or you can buy your own boat that you know you cannot afford. Because after all if you default first he is on the line, and you will have all the fun times on your new boat regardless of what happens in the future.
The same goes for Wall Street. If firm one is making 30% return on investment in risky assets, compared to firm two's 15% ROI in blue chips and other safe investments there is no incentive for firm two to stay in these safer assets. The firm making 15% knows it will be liable for the costs of the poor decisions of the now more profitable company, so it leaves little incentive to continue to invest conservatively. One by one large Wall Street firms will begin to invest more and more heavily in risky assets creating a bubble and eventual collapse. This is exactly what happened in 2008 with sub-prime mortgage backed securities, and this bill seems to assure it will happen again.
Lastly, and maybe most importantly, this bill has the potential to shift risky, but ultimately highly profitable, trading transactions overseas. Most low-regulation countries do not have the infrastructure, or the talent, to be the “headquarters” for these risky derivatives. There are, however, a few that do. Singapore, Hong Kong, and New Zealand are the only “countries” (Hong Kong has been a semi-autonomous region of China since 1997) rated higher on the World Bank’s Ease of Doing Business Index then the United States. Of these three “countries” New Zealand would probably not have the talent required to host these activities. Singapore and Hong Kong are not only capable, but more than willing to host businesses fleeing from more highly regulated Western countries. Granted both are situated in important waterways. This characteristic is part of the reason for their wealth, but look at all the other poorer nations that surround them that could be just as important. When China was considerably less wealthy, Hong Kong was booming, becoming one of the richest cities in the world. China chose an isolationist approach, while Hong Kong welcomed Western businesses and gave them a very low tax, low regulation environment to in which to operate. This approach clearly encouraged growth, attracted businesses and wealth. Ironically, the same “regulated free market” principles that made United States the wealthiest country in the world are now what threaten to take business, jobs, and wealth away from it.