Credit Default Swaps: How To Blow Up A Financial System

Most folks on "Main Street" have heard the news about how Congress is attempting to regulate dangerous Derivatives, which are a financial instrument that derives its value from the price of an underlying asset. They know that abusive derivatives trading contributed to the financial crisis of 2008. They know that derivatives abuses brought down AIG, requiring the US government to loan them billions to remain liquid.

But most have never heard of Credit Default Swaps. If they have heard them discussed on the evening news, it's doubtful they actually understand what they are or how they have contributed to the financial mess the world finds itself in. And most do not realize that it was rampant CDS writing (selling CDS contracts) by 159 rogue traders at AIG, that resulted in bringing that huge insurance company to bankruptcy requiring the US taxpayer to bail them out and save the global financial system. CDS remain one of the most under-reported, mis-understood, financial instruments currently in existence.

The grievous problem of Credit Default Swaps is an issue I've been meaning to address for some time now. But it's a complex subject so I've held off until I had the time to properly address it. Rolling Stone is reporting on how the FINREG legislation, which was supposed to make these CDS transactions transparent, was effectively gutted and allowed Wall Street to resume "business as usual". Matt Taibbi, of Rolling Stone Magazine, has previously published a series of articles investigating Goldman Sachs and their involvement in the financial crisis of 2008

Wall Street's Big Win

But before you read that, here's some background on what a Credit Default Swap actually is.

Essentially, a CDS is unregulated financial "insurance" (though CDS traders go to great lengths to assert that it is NOT insurance). Two parties enter into a PRIVATE contract (not transparent to the market) buying and selling protection against the default of some underlying asset. HOWEVER, unlike typical regulated insurance, the two parties don't have to actually have an insurable interest in the underlying asset. These entities are known as "counter-parties" to that CDS contract.

Wikipedia gives a good explanation:

"A holder of a bond may “buy protection” to hedge its risk of default. In this way, a CDS is similar to credit insurance, although CDS are not similar to or subject to regulations governing casualty or life insurance. Also, investors can buy and sell protection without owning any debt of the reference entity. These “naked credit default swaps” allow traders to speculate on debt issues and the creditworthiness of reference entities. Credit default swaps can be used to create synthetic long and short positions in the reference entity.[4] Naked CDS constitute most of the market in CDS.[5][6] In addition, credit default swaps can also be used in capital structure arbitrage."

Edit: August 22, 2010: Here is an excellent article discussing the problems with developing a transparent clearing market for CDS derivatives, as well as CCP (central counter-parties) capital requirements and risks of oligopolistic (monopolistic) control over derivatives clearing.

The Sausage Marking begins..

CDS positions LACKING any insurable interest, are called "Naked CDS". They are essentially private BETS (eg: gambling) between two parties on whether an asset (that neither actually own) will default.

Now.. put that in terms that apply to each of in our daily lives. Imagine I'm able to purchase insurance on YOUR HOUSE, OR CAR, from a counter-party that will pay off if your house burns down. I don't own your house, nor am I a lender to you. But I'm able to purchase a "financial interest" in seeing your house burn down, or for your car to be stolen.

Naked CDS are like buying Fire Insurance on your neighbor's house

And even if I don't burn your house down in an act of direct arson, or sabotage your car, I can make you look like an incredibly poor credit risk by manipulated the cost of insuring your house. Supply and Demand for CDS would dictate the price of the insurance premium you pay to insure your own home. Therefore, if you have a thousand people demanding to buy insurance on your home, it would create the impression (to your insurer and bank) that you were ready to default at any moment, or that you were running a Meth lab in your home. Therefore, your insurance premiums would rise, and the perceived market value of your actual home, or just the mortgage note, would decline dramatically. All because a bunch of speculators have "ganged up" on you to make you look like trailer park trash to your creditors and insurers.

Thus, it's little wonder that participants in the CDS markets do not want them classified as insurance, let alone regulated as such. Because Insurance REQUIRES an insurable interest.

And, IN FACT, insurance was originally sold in a very similar manner to CDS. One didn't have to have an insurable interest to buy life insurance on another person. In effect, insurance PRIOR TO REGULATORY REFORM AND REQUIREMENTS was just a form of speculative gambling. Only by passing laws and regulations were these "surety bets" morphed into the actual insurance industry as we know it today.

But still the defenders of CDS parse words and split semantical "hairs" to keep them from being classified as insurance and requiring insurable interest in any CDS contract:

Repeat after me: CDS are not insurance

But the concept of such contracts not requiring insurable interest is nothing new.. Lloyds of London, once (or still are) the preeminent insurance entity, used to sell insurance on cargo ships to individuals lacking an insurable interest. It resulted in such an increase in insurance fraud (in the form of "accidental" sinkings, if not outright contracted piracy) that it resulted in Parliament passing the Maritime Insurance Act of 1746:

Maritime Insurance Act of 1746 Page 182

Legal Basis of Insurance: Insurable Interest

What's the bottom line about CDS?

Here's what the average investor has to think about. If powerful financial entities can purchase "insurance" via CDS on assets they do not hold, then they have every interest in seeing those assets devalue and default. At a personal level, if I wanted to force you and everyone on your block to sell your property to me so I could build a mall, all I would need to do is make financially intolerable for you to maintain your home insurance and mortgage. If you default on your mortgage, I own your house, as well as the property underneath it.

If I want to own your business or take you out as a competitor in the marketplace, I can round up a "cabal" of Naked CDS holders to devastate your perceived credit worthiness and make it untenable for you to issue debt for business expansion.

Now.. let's take this to the Sovereign debt level, what if I want to make your country's debt appear to be junk status? I get a bunch of my hedge fund buddies to buy CDS on your country's sovereign debt and force up the cost for you to insure and roll over that debt in the markets. This is what has happened with Greece and many of the other smaller, debt ridden states in Europe. As CDS premiums rise, so does the interest rate the market demands to roll over that debt. The only means by which a default can be prevented is for other nations (and their taxpayers) to front them money to "re-insure" that debt to prevent default.

Are you seeing the problem? To prevent sovereign collapse of their debt, taxpayers are put on the hook and money is "extorted" from them to prevent an even more grievous failure of the financial system. To prevent the collapse of both US and European banks considered "too big to fail", the US taxpayer was "blackmailed" into saving AIG and other banks via TARP. And then the Europeans were required to bail out Greece and (potentially) the other PIIGS at European TAXPAYER expense.

European CDS WMDs targeting Spain?

Now.. we have to ask ourselves, as common investors, why would we want to purchase ANY CORPORATE STOCK, OR DEBT, when such unregulated speculative FINANCIAL WEAPONS OF MASS DESTRUCTION are available to ATTACK the global equity and debt markets?

It's hard to imagine a better financial "tool" for transferring wealth from the masses (eg: taxpayers) to the few by destroying the value of their assets, whether equity or debt instruments.

It's also a fantastic tool for "supra-national" entities, or even sovereign countries, to conduct economic warfare to weaken their opponents and rivals, as well as sovereign states.

Heck, even China is now apparently being targeted by CDS speculators:

China CDS speculation rising.

This is why I've basically given up owning stocks for the long-term. I trade ultra-bull and ultra-bear ETFs and try to bank cash every day. And since Ultra-Bear ETFs are essentially CDS contracts on the underlying index, I recognize that, failing to "beat them", I've been required to join them... But I don't like the fact that I'm making money betting on the destruction of the US equity and financial markets, but right now that seems to be the only recourse left to me in an environment where our elected representatives are UNWILLING to regulate the CDS markets.

But destroy them they will, unless sovereign governments and their citizens DEMAND that they be regulated on a global basis, or outright banned as legally unenforceable contracts.

Scrutinizer

More reading on CDS and their financial impact:

Dissecting a Strange Financial Creature

CDS: Useful Risk Management Tool or Financial WMD?

Credit Default Swaps and Financial WMDs

CDS: The Monster that ate Wall St.