Opinion

Felix Salmon

Stevie Cohen, collector of traders and art

Felix Salmon
Jan 18, 2013 10:15 UTC

Gary Sernovitz, a research analyst turned novelist, has 3,500 words in n+1 about Stevie Cohen, trading, and art collecting. That’s about 3,000 words too many: his core thesis is really pretty simple. Cohen’s art collecting, says Sernovitz, holds up a mirror to his professional life: both are about the “struggle against the mortality of the edge”.

The idea here is that contemporary artists and stock-market traders — both of which Cohen collects — are similarly searching for the “edge”: that original and unique thing which sets them apart from everybody else. And if you look at Cohen’s art collection, it’s long on pieces from radical artists’ “incandescent years” — the years when they were doing something shockingly new. That’s what Cohen looks for in art, and it’s what Cohen looks for in traders, too: not people doing the same thing as everybody else in a slightly better way, but people who aspire to doing something that no one else is even attempting.

The “edge”, in art and in trading, never lasts long, and Cohen is himself exceptional in that regard: he’s been generating alpha for much longer than most traders ever can. But crucially he has done that by collecting: he himself is no Picasso, reinventing himself in one genius new incarnation after another. Rather, he finds the people who have that edge right now, he hires them, and then, when they lose their edge, he’s ruthless about firing them.

When Cohen looks around his trading floor, then, he sees the same thing that he sees when he surveys his art collection: a group of extremely talented and mostly quite young men, at the peak of their powers, engaged in a doomed and heroic struggle against their own inevitable decline, which will coincide with somebody else’s rise.

I like this idea, although I have no idea whether it’s true or not; I can certainly see how it would appeal to a novelist. Cohen, in this telling, becomes a latter-day Dorian Gray — only in this case his pictures, which reflect the way he seeks to dominate the world by collecting exceptional talent, are on full public view.

Naturally, if this were a novel, it would have a tragic ending: Cohen’s hubris would lead inexorably to nemesis. But real life is not always that tidy. Cohen might be facing unusually large redemptions right now, but he’s already made his billions; his wealth is liquid, and he’s not going to let a few insider-trading investigations damage his legacy as an art collector.

A lot of art-world observers are not-so-secretly hoping that Cohen will get his comeuppance and be forced to sell a large chunk of his collection. But it’s not going to happen. Cohen’s a master collector: he’ll sell only if and when he wants to. And given that he’ll never need the money, it’s hard to see why he’d ever feel so inclined.

COMMENT

Does anything really shock the bourgeoisie anymore?

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Counterparties: Growth is not enough

Jan 17, 2013 23:12 UTC

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Tomorrow, the world’s second-largest economy will release its economic growth figures. China’s growth, as Keith Bradsher writes, is expected to pick up again, for the first time in seven quarters.

The consensus says that China’s fourth quarter growth will come in at 7.8%, lower than the government’s targets of 8%. But even at a growth rate that’s more than double America’s, the world’s Very Serious People believe this is a precarious moment in China. Both Ian Bremmer and Nouriel Roubini list China as one of their top risks for 2013.

China is in the middle of one of the biggest Keynesian economic experiments in history. Last fall, after spending roughly $580 billion in post-crisis stimulus, China tried to bring its economy back to life with $156 billion more for the kind of roads, bridges and trains that Keynesians love. It’s also spending $250 billion a year, the NYT writes, to produce “college graduates in numbers the world has never seen before”.

While China is applying Keynesian solutions to its current problems, however, Tyler Cowen says China’s problem are more of the Hayekian variety. What Hayek called malinvestment — things like disastrously-constructed high-speed rail, bridges to nowhere and ghost towns — seems to be helping China’s political elite to become increasingly rich. All that stimulus, the argument goes, could lead to a bubble-ridden, half-finished wasteland.

A few other problems with China’s focus on government-driven growth. Besides the usual inflation worries, China, Nick Edwards writes, has one of “the world’s widest rich-poor gaps”, which threatens the country’s stability. To Peter Orszag, this is is particularly worrisome: researchers have found that no other country has made “the transition from middle to high income with high levels of inequality”. Though there’s some disagreement on whether China’s income inequality is improving or “dangerously high”, we still don’t have official data, nor will we get it in tomorrow’s promised figures. China’s government hasn’t released official income inequality statistics since 2000. — Ryan McCarthy

On to today’s links:

Alpha
On the trail of SAC’s alleged “black edge” in its trades – Businessweek

TBTF
We’ve made Too Big to Fail approximately 3 times worse – Andy Haldane
Spending billions of dollars on mortgage settlements fails to boost Bank of America’s earnings – Reuters
Citi spent $1.3 billion on settlements and legal expenses in the fourth quarter - NYT

Explained
Markets step in from stage left and have a McLuhan moment with DC - Neil Irwin

Anti-Goldbuggery
“The S&P has beaten gold over every 30-year period of history, ever” – Noah Smith

Oxpeckers
“These constructions acknowledge a truth: our actions are increasingly passive online” – Choire Sicha
How Pete Peterson captured the mainstream media – Remapping Debate

Wonks
“Even the driest definitions of human social development will inevitably carry a strong whiff of ideology” – Jay Ulfeder

New Normal
Running away to join the circus no longer a path to job security – LAT

Correlation
Party identification and gun ownership – Nate Silver

Listicles
“Genuine apocalyptic events” and 149 other things that scare smart people – Motherboard

Video
Extreme pogo sticking exists, and it’s rad – Devour

Facebook
Facebook is launching free calling for US iPhone users – WSJ

The Fed
Are you there, Ben Bernanke? It’s me, Matt – Not Graphs

Things We Are Not Linking To 
Wearing plaid = liberals embracing gun culture. BuzzFeed’s fake trend story

COMMENT

China isn’t the only nation to have built a rail line to nowhere. Look at the US with its wasteful government spending on transcontinental railroads, heavier than air flying craft, steam powered water transport and the idiotic interstate highway system which linked ring road to ring road and went nowhere. It’s called nation building. Right now economic theory argues for liquidation, but that never turns out well in the long run.

Given the record of the private sector in allocating resources over the last few decades, I’d say that China would do better with a new Cultural Revolution than relying on the free market.

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Counterparties: Like water for profit

Ben Walsh
Jan 16, 2013 23:10 UTC

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In the unlikely event that you were harboring deep anxiety about the profitability of Goldman Sachs or JP Morgan, you can skip the Xanax. At the big banks, profits are very much back.

The new Goldman Sachs, Stephen Gandel writes, looks “a little bit like the old Goldman Sachs”. Goldman today reported that its fourth quarter profit rose 53% and full year earnings jumped 70%. The bank also pulled $6 billion in revenue from its own investments for the year, or 17% of its overall revenue. Goldman even found time to placate the rival — and overlapping — factions of employees and shareholders by cutting the amount of revenue going to employees, reports Lauren LaCapra. At 38%, Goldman’s compensation ratio is second lowest since the bank went public. Still, in absolute dollars, bank employees got a bump: comp rose 6% over last year.

Things were even better at JP Morgan: the bank set fourth quarter and full year profit records, an increase of 54% over last last year’s fourth quarter and 12% over 2011’s full year results. Despite the break-out profits, CEO Jamie Dimon was forced to accept just a $10 million bonus in penance for the botched trades in the bank’s Chief Investment Office.

While Wells Fargo enjoys the fruits of the mortgage market, John Carney points out that Goldman and JP Morgan are doing much the same in the corporate bond market. Fixed income underwriting fees for the year  were up 25% at Goldman and 79% at JP Morgan. Corporate America is apparently following Lloyd Blankfein’s sage advice to borrow at low rates, he notes.

There was one year-end review that wasn’t as glowing: JP Morgan’s internal report on the dissecting of Bruno Iksil. As Felix notes, the report doesn’t tell us much about how the CIO office’s losses ballooned into the billions. Also troubling, says Matt Levine, is the fact that no senior manager was getting anything but heavily massaged data; even if that information was accurate, it wouldn’t necessarily help them understand the CIO’s dizzying synthetic credit positions. — Ben Walsh

On to today’s links:

New Normal
Nearly a third of working American families don’t earn enough to pay for necessities – WaPo

JPMorgan
JPMorgan’s disastrous London Whale trade, an oral history – FT Alphaville

Facebook
Facebook new mission: become a social “engine of discovery” – Wired

Charts
The US government is morphing into “the world’s largest insurance broker” – Nate Silver
If there’s gonna be a global currency war, here’s how it’ll go down – Euromoney

EU Mess
Germany is taking back $36 billion in gold from foreign vaults – Bloomberg
Germany’s gold move could be a purely domestic move — or it could be much worse – Mohamed El-Erian
Let’s not canonize Mario Draghi just yet – Economist

Commodities
Did lack of Wonder Bread push bread prices up in December? – Heidi Moore

Oxpeckers
Some ads more native than some other ads – CJR
NYT reporter criticizes how much the kids spend; kids criticizes NYT reporters math – The Billfold

Housing
Goldman Sachs and Morgan Stanley chip into wrongful foreclosure settlement – AP

Alpha
Your next Treasury Secretary owns low-cost index funds, which is comforting – Tim Fernholz

Ugh
Insiders describe the costly foreclosure review process as a “facade” – Huffington Post

Remuneration
Bankers who need a $12 app to know if they got a crappy bonus shouldn’t be bankers – iTunes Store

Good Luck With That
Single men are moving to North Dakota in droves – NYT

TBTF
BofA wants to use its famed sense of timing to re-enter the mortgage market – WSJ

COMMENT

Great follow-up on the NY Times personal finance story. So the NY Times personal finance writer can’t do math, cherry-picked misleading – borderline false – facts to fit her predetermined thesis, and then excused it away when called on it. Good to see that she’s living up to the typical institutional arrogance of the NY Times.

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Gobank arrives

Felix Salmon
Jan 16, 2013 20:14 UTC

Yesterday saw the launch of Gobank, an exciting new bank from Green Dot. If you know about Simple, it’s at heart the same thing: mobile-first, no fees, very easy to use, and built by Real Internet People. (Green Dot acqu-hired Loopt for $43 million last March, giving it the requisite tech savvy to build Gobank; and indeed Green Dot itself was a Sequoia-backed startup, once upon a time.) At both banks, you basically do everything with either the app or your debit card — but although Green Dot is new to the bank-account space, it has been offering debit cards for many years, and so has pretty well-tested technology on that side of things.

Gobank does have some advantages over Simple. For one thing, as part of a large public corporation, it has more resources at its disposal, and is able to launch in fully-fledged form, with mobile check deposit, iPhone and Android apps, and the like. (At Simple, these things come slowly.) Gobank even offers you the ability to transfer money easily and directly from Simple, or any other checking account, straight into your Gobank account: you just type in your debit card number and your security code, and transfer as much money as you want. And because Green Dot has a lot of retail locations, it can offer something Simple will never have: free cash deposits.

More importantly, Gobank is, actually, a bank. (Simple, by contrast, is basically a smart front end built on top of Bancorp.) That means, at least in theory, that it can iterate more quickly than Simple, which needs to work with Bancorp in order to add features. And in terms of marketing, Gobank can sell itself as being a bank; Simple can’t.

Gobank is great news for consumers: it means that simple, no-fee, debit-card-based banking is really entering the mainstream, and might even get picked up by mid-sized commercial banks at some point. (It doesn’t make sense for banks with more than $10 billion of assets, because they can’t get the higher interchange revenue which makes Gobank and Simple workable.) It also means — I hope — that rip-off prepaid debit cards are going to become increasingly marginalized. Given the choice between a prepaid debit card and a Gobank account, it makes no sense at all to get the prepaid debit card: the bank account is superior, and cheaper, in all respects.

I asked Green Dot CEO Steve Streit about this yesterday, and he said that demand for prepaid debit cards rarely intersects with demand for checking accounts; he’s targeting Gobank at people who want a checking account, not at people who want a prepaid debit card. That’s fair enough. But as prepaid debit cards start looking more and more like bank accounts (think Suze Orman’s Approved card, or Amex’s Bluebird card, or Chase’s Liquid card), it’s pretty clear that they’re now going to have to start competing not only with other prepaid cards, but also with the likes of Gobank and Simple.

As far as Green Dot is concerned, Gobank is a big and important bet. Since its blaze-of-glory IPO in July 2010 at a first-day price of $44 per share, the company’s stock has gone steadily south. It rose yesterday, on the Gobank news, but gave up all those gains today: it’s now trading at just $13.30, which corresponds to a market capitalization of less than $500 million. I don’t know what Simple’s valuation is these days, but I’m sure that Green Dot would love to be credited with that kind of value, on top of its debit-card franchise.

I’m sure that Gobank will evolve over time: I don’t really understand the voluntary “membership fee”, for instance, and some of the gimmicks, like the “Fortune Teller” in the app which tells you whether you can afford a certain item, are not the kind of thing that people really want from their bank. But the technology looks solid, and it’s always encouraging when a company shows a willingness to cannibalize its existing customer base. (You can’t make free cash deposits onto a Green Dot prepaid debit card, for instance.)

So here’s hoping that Gobank is a big success, along with Simple and anybody else looking to enter this space. That’s really the best chance we have for the big banks to get forced to make their checking accounts much more user-friendly.

COMMENT

To KenG_CA the advantage is the free cash deposits.

Another advantage for some potential customers is that since it is a prepaid product just as Simple is they can accept any customer. Simple is also prepaid but for some unknown reason they filter customers through Andera.

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How does JP Morgan respond to a crisis?

Felix Salmon
Jan 16, 2013 15:17 UTC

If you have a bit of time today, the official JP Morgan post mortem on the London Whale affair is well worth reading. The whole thing is 132 pages long, although the executive summary — which is very clearly written — is only 17 pages.

One thing the report certainly does is reinforce my conviction that you can’t hedge tail risk. The losses all took place in something called the Synthetic Credit Portfolio, which was described as a “Tail Risk Book” — something designed to make money “when the market environment moves more than three standard deviations from the mean based on predictions from a normal distribution of historical prices”. In other words, JP Morgan is well aware that market moves are not normally distributed, and therefore it has a whole derivatives book in place to protect itself against inevitable unexpected events.

The whole point about tail risk, however (a/k/a “black swans”) is that you can’t anticipate exactly what it’s going to look like before you see it. In this case, the biggest tail event was the publication of stories, in the WSJ and Bloomberg, talking about JP Morgan’s positions. Those stories had a massive effect on the mark-to-market valuation of JP Morgan’s positions At the beginning of the first trading day after the stories appeared, it looked as though JP Morgan might be facing a one-day loss of $700 million; in the event, the final official number was $412 million. Ina Drew, the person in charge of the portfolio, sent an email to JP Morgan’s CEO and CFO, in which she observed that the move was “an eight-standard-deviation event”.

The report doesn’t say how many eight-sigma events the CIO has ever seen: my guess is that this is the only one. But here’s an idea of how crazy eight-sigma events are: under a normal distribution, they’re meant to happen with a probability of roughly one in 800 trillion. The universe, by contrast, is roughly 5 trillion days old: you could run the universe a hundred times, under a normal distribution, and still never see an eight-sigma event. If anything was a black swan, this was a black swan. And it didn’t help JP Morgan’s “tail risk book” one bit. Quite the opposite.

Another thing the report does is show just how difficult it is for any large organization to actually implement what managers want. At JP Morgan, for instance — where the CEO has an unusually large degree of power and knowledge of what is going on — the whole firm was meant to be reducing its “risk-weighted assets”, or RWA, since the higher a bank’s RWA, the more capital it needs under Basel III. And yet somehow, by the time this directive trickled down to the London Whale, it had been watered down and misinterpreted to the point at which the office’s RWA actually went up — substantially — rather than down.

What’s more, there’s a constant theme running through the report of managers being told what they want to hear, rather than the truth, especially with regard to substantial losses. When those appear, no one wants to tell Ina Drew about them; instead, the traders do everything they can to try to either fudge the numbers or attempt to trade their way out of the position.

Interestingly, one way that numbers were fudged was to use the favorite tool of quants around the world, the Monte Carlo analysis. After the Bloomberg and WSJ stories appeared, for instance, one trader drew up an analysis of just how bad the position could get. He modeled nine extreme event like a “bond market crash” or a “Middle East shock”, and found that in six of them, the portfolio lost money, with the losses ranging from $350 million to $750 million. This analysis did not go down well:

This trader sent his loss estimates to the other on April 7. According to the trader who prepared the loss estimates, the other trader responded that he had just had a discussion with Ms. Drew and another senior team member, and that he (the latter trader) wanted to see a different analysis. Specifically, he informed the trader who had generated the estimates that he had too many negative scenarios in his initial work, and that he was going to scare Ms. Drew if he said they could lose more than $200 or $300 million. He therefore directed that trader to run a so- called “Monte Carlo” simulation to determine the potential losses for the second quarter. A Monte Carlo simulation involves running a portfolio through a series of scenarios and averaging the results. The trader who had generated the estimates did not believe the Monte Carlo simulation was a meaningful stress analysis because it included some scenarios in which the Synthetic Credit Portfolio would make money which, when averaged together with the scenarios in which it lost money, would result in an estimate that was relatively close to zero. He performed the requested analysis, however, and sent the results to the other trader in a series of written presentations over the course of the weekend. This work was the basis for a second-quarter loss estimate of -$150 million to +$250 million provided to senior Firm management.

In the event, of course, the portfolio ended up losing not $150 million, not even $750 million, but more like $6 billion, with some $800 million of those losses taking place in the six trading days leading up to April 30, long before the decision was made to liquidate the position. Which just goes to show how useful stress tests are. (Remember, the initial worst-case estimates were put together after the WSJ and Bloomberg stories appeared, which means that JP Morgan was acutely aware, at this point, of the risk that the market would move against them just because their positions were public.)

There is one big omission in the report — and that’s any discussion of how the ultimate losses in the portfolio grew to be so enormous. Where did the initial $2 billion estimate come from, and how did it grow to $6 billion by the time all was said and done? The report basically ends when the potential losses were made public, and doesn’t spend any time discussing how Jamie Dimon and his senior executives handled everything from there on in.

From the perspective of JP Morgan’s shareholders, there are two big things to worry about in this whole episode. The first is weaknesses in risk management, which the report goes into in great detail. The second is the way that senior management responds to a crisis, and whether it can do so while keeping its head and minimizing losses. On that front, the report is silent. Did a panicked reaction to the early losses result in a “dump everything immediately” response which ended up causing an extra $4 billion in damage? Who was responsible for those $4 billion in losses, and how avoidable were they? Those questions are never asked, let alone answered.

JP Morgan has looked in great detail at its crisis-prevention architecure: it’s time, now, too look at its crisis-response architecture, too. Because sometimes, it seems, the latter can cause more damage than the former.

COMMENT

Wow, wow, wow, wow…

Using a Monte Carlo simulation and averaging the outputs for a non-linear system is kind of missing the whole point of Monte Carlo simulations in non-linear systems.

Monte Carlo simulations are useful for, say, nuclear reactors. A nuclear reactor is a linear system from the POV of neutron transport. So Monte Carlo simulations can yield an accurate picture of the state of a running reactor as a superposition of many single particle simulations (google LANL MCNP).

In a non-linear system, Monte-Carlo simulations are useful to quickly explore the parameter space and sniff around for non-obvious, mmm, trouble, based on the assumption that the state space of most systems, even strongly non-linear systems, tends to be continuous. But you never, ever superpose states in a non-linear system. And a financial model is never linear (for they all have at least one very strong, very stateful non-linearity called ‘insolvency’).

And yes, the unfortunate conclusion is that financial models are more dangerous than nuclear reactors. Wall Street urgently needs a NRC of its own.

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Counterparties: Prioritization nation

Jan 15, 2013 22:43 UTC

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House Republicans are reportedly threatening to force a government shutdown — or even a default — to get the spending cuts they want.

This is all about the debt ceiling, of course. The US hit its statutory spending limit on December 31; since then, the Treasury Department has been using a series of “extraordinary measures” to keep the country from defaulting. Those measures, Treasury Secretary Tim Geithner, said into a letter to House Speaker John Boehner yesterday, could expire in mid-February. If they do, some 80 million payments a month could be at risk. Geithner does not say bond payments could be at risk, but that didn’t stop Fitch warning that it — just like S&P, last time around — might downgrade the USA as a result.

bill resurrected by Republican Senator Pat Toomey would require Treasury to prioritize general debt obligations —  think bond payments — any time the US hits the debt ceiling. In 2011, Treasury suggested this kind of prioritization is “default by another name.” Similarly, Keith Hennessy, a former Bush Administration economist, says that “the sanctity of contracts and the US government’s credibility” are at stake: not paying benefits or bills, he writes, would be  ”the first step to becoming a banana republic”. President Obama echoed this critique yesterday in a press conference.

In practice, as Derek Thompson says, prioritization is frightening. “Some days, the government would get enough money to pay Social Security checks and Medicaid providers,” he writes. “Other days it wouldn’t”. And that’s assuming prioritization is even possible. Brad Plumer notes that every day Treasury gets about 2 million invoices from government agencies, which are processed automatically “dozens of times per second”. No one knows whether it’s is legal or even possible to pay bondholders with certainty while deprioritizing everyone else owed money by the government. JD Foster at the Heritage Foundation, for his part, thinks the Treasury Department will always pay bondholders first, even if the legality of doing so is murky.

The best outcome, of course, is that Congress votes to raise the debt ceiling before any such measures become necessary. For the other possible outcomes, check out Quartz’s Choose Your Own Adventure-style chart. — Ryan McCarthy

On to today’s links:

Housing
New foreclosure settlement cash “being distributed with no regard to whether a borrower suffered harm” – Joe Nocera

Oxpeckers
The one time publisher of Twain and Hawthorne publishes Scientology propaganda as “sponsored content” – Gawker

The Fed
Burning questions, uncontroversial answers — starring Ben Bernanke – Binyamin Appelbaum

Alpha
Dan Loeb is on a heroic quest to cut pay at Morgan Stanley (and boost his investment) – WSJ
Herbalife provides the same service as Alchoholics Anonymous: Social support – John Hempton

TBTF
JPMorgan gets a wrist slap from regulators who should’ve caught them – Lisa Pollack
Suddenly, everyone loves bank stocks again – Bloomberg

Regulations
How rating agency reform failed – FT

Remuneration
Morgan Stanley pleased to announce that 2012 bonuses will be paid in 2013, 2014 and 2015 – Reuters

Funny Because It’s Not True
“Coca-Cola announced that… all sweetened fizzy drinks will be voluntarily recalled” – Ken Layne

Long Reads
An extended argument that student debt can can make us better capitalists – Jacobin

Awesome
Walmart says it will hire any military veteran discharged in the last 12 months – Matt Yglesias

Hackers
How the legal system failed Aaron Swartz – New Yorker

Housing
The number of underwater homeowners fell by 4 million last year – Bloomberg

Right On
The quest for the right kind of stupidity – FT

Wonks
Both the Fed and the Treasury “emit interchangeable obligations that are in every relevant sense money” – Steve Waldman

Bold Covers Letters
“I have no qualms about fetching coffee, shining shoes or picking up laundry” – Business Insider

COMMENT

Is Felix ever going to explain why he’d rather see millions of people harmed by a government closure than have his sensibilities offended?

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Counterparties: RoboCapitalists

Ben Walsh
Jan 14, 2013 22:57 UTC

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The robots are coming for your job.

In the past few months there’s been a boomlet of very smart people worrying about the economic consequences of our increasingly robotic future. Kevin Kelly, in a cover story for Wired last month, describes this imminent — but not yet sentient — threat: “before the end of this century, 70 percent of today’s occupations will likewise be replaced by automation… robot replacement is just a matter of time”. He’s not worried, however, because “The one thing humans can do that robots can’t (at least for a long while) is to decide what it is that humans want to do”. You will always have a job; it will just consist primarily of telling robots what to do.

Robot servants and factory workers may give us more leisure time, but Noah Smith worries they’ll further erode labor’s declining share of national income. Even more problematic, they will cause “old mechanisms for coping with inequality break [to] down”. Paul Krugman agrees that a shift is necessary: if labor’s share if income continues to decline, “it makes nonsense of just about all the conventional wisdom on reducing inequality. Better education won’t do much to reduce inequality if the big rewards simply go to those with the most assets”.

How do you redistribute wealth from robots towards humans? Smith has a few suggestions, including incentivizing people to control their own capital (i.e. owning robots).

Today’s capitalists, however, might not be too pleased with technology’s ascendancy. Izabella Kaminska thinks that we have already reached the point where technology threatens business’s ability to generate returns on capital. That explains the rise of patent wars and other attempts to defend corporate profits with legal, rather than economic, moats. Kaminska has pulled together a great set of links examining the conflict between technology and capital.

This also isn’t the first boom in futurist, robo-economic theory. Bloomberg has a helpful look back at the American technocrats of the 1930’s. They thought increased productivity through mechanization had created the mass unemployment of the Great Depression, and that scientists should run the country as engineer kings. (A leading member of the movement turned out to be a fraud, and the movement was largely discredited academically).

This debate will continue, at least until the singularity arrives. Then humanity will end, or proceed infinitely, depending on your view. — Ben Walsh

On to today’s links:

Wonks
Finally, Nate Silver is wrong about something of national importance - ESPN
Very good reasons to delay the canonization of Tim Geithner – Mike Konczal
“Overthinking this sort of thing is exactly the right response. But they haven’t overthought it enough” – New Statesman
Mark Sanchez as a sunk cost – James Surowieki

JPMorgan
Jamie Dimon might have been responsible for something that wasn’t great – Bloomberg

Cephalopods
Goldman Sachs would like to delay, increase its UK bonuses by 5 percent – FT
Goldman’s new CFO excels at risk management and karate – Lauren LaCapra and Carrick Mollenkamp

#MintTheCoin
Sorry, the US won’t be getting a platinum coin and the attendant constitutional crisis anytime soon – Ezra Klein

Strange Bloomberg Headlines
“Brazilian Bikini Waxes Make Crab Lice Endangered Species” – Bloomberg

Alpha
Hedge fund leverage increases to highest level since 2004 – Bloomberg
Cat beats professional stock pickers, market – Guardian

Charts
A visual rundown of the relatively scarce data on gun control in the US – Liz Fosslien

Politicking
“Then they came for my assault rifle, and I said, “Assault rifles? You should have started with assault rifles” – McSweeney’s
Low growth delivers political paralysis, and political paralysis delivers low growth – Annie Lowrey

Unfortunate Because It’s True
“This dim view of America is sad-making” – Choire Sicha

COMMENT

Inequality is at the lowest level in human history in part due to things like automation. When people like Krugman speak of “inequality,” he’s speaking of “income inequality” an “wealth inequality” which are ways of just manipulating the statistics to give a protrayal of society that isn’t real. For example, saying that this or that percent of Americans (itself just a statistic that is not representative of actual flesh-and-blood human beings) makes this or that percentage of the “national income,” that is like saying that the poor have an abnormally high proportion of “society’s weight.” Or that some percentage has an high proportion of “society’s height.”

Are there statistical distributions of height and weight in society? Yes. Des that mean anything? No. Income is no different, as income is not something that exists in a pre-existing supply that is then divided up among society by some central authority. Same with wealth.

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Don’t blame regulation for your credit card bill

Felix Salmon
Jan 14, 2013 21:08 UTC

Let’s nip this one in the bud, shall we? Here’s a headline from David Morrison at Credit Union Times: “CARD Act Has Kept Card Interest Rates High, Analyst Claims”. He’s talking about a 16-page paper from Tim Kolk, who’ll email you a copy if you ask him nicely and/or drop my name. But here’s the gist of his argument:

Since 2008, benchmark auto loan rates and mortgage rates have declined by 30% and 42% respectively while credit card interest rates have declined by only 3%.

If credit card interest rates had declined in an amount proportional to the mid-point decline of other lending products, then average credit card interest rates would have declined by 410 basis points since 2008.

The additional interest costs of these higher-than-otherwise expected interest rates are estimated at $28 billion annually.

Kolk even has a handy chart:

kolk.tiff

This seems clear, no? The spread between credit card rates and the prime rate used to be low, and then the CARD Act was introduced, and now it’s high. What’s more, says Kolk, “the great majority of the above rate increase can be attributed to CARD Act”, which introduced a host of consumer protections for credit card holders.

There’s no doubt that $28 billion is a lot of money, and that if Kolk is right, that would be a huge black eye and unintended consequence of the CARD Act. Fortunately, he’s not right, and there are three ways of showing that.

First, let’s zoom out a bit and show what’s happened to credit-card interest rates, and the prime rate, over the past 17 years:

rates.png

What you can see here is that credit-card interest rates are much less volatile than the prime rate: they stay in a pretty narrow band between 12% and 16%, even as the prime rate has a much greater range. And while there are lots of relatively small moves up and down in credit-card rates, they don’t bear much relation to what’s happening with the prime rate, which moves slowly.

To put it another way: the prime rate is locked directly to the Fed funds rate: it’s basically set by the Fed. Credit card rates, by contrast, are not: the Fed has much less control over them. And so you’d expect the spread between the two rates to be pretty volatile. Which it is! What you might not expect, however, after reading Kolk’s paper, is that the spread came down after the CARD act came into force. Here’s the spread between the two interest rates: the red triangle marks the point at which the CARD Act was signed into law.

spreadd.png

This is not the chart you’d expect from reading Kolk’s report — which, incidentally, never mentions when the CARD Act actually started taking effect. What you see here is a lot of more-or-less random ups and downs: for instance, the all-time low in the spread, of 552bp in May 2000, took place when the prime rate was a whopping 9.24%. Kolk would have you believe that this series should go down when the prime rate goes down, but in fact it’s more likely to go down when the prime rate goes up.

The one very clear trend — as you’d expect — is that when the country is in the midst of a gruesome credit crunch, the spread on credit-card interest rates goes way up. But then, after the CARD Act was introduced and liquidity started coming back into the system again, the spread started falling.

In any event, it’s just intuitively wrong that credit-card interest rates would mirror the Fed funds rate. The Fed does have a pretty strong effect on mortgage rates, and car-loan rates, because people shop for mortgages and car loans on the basis of where they can get the best rate. But credit cards don’t work like that. Their interest rates change in unpredictable ways, and in any event, when most people get a new credit card, they’re either taking advantage of a limited-time introductory offer, or else they’re fully intending never to pay any interest at all.

Credit card companies have a fiduciary responsibility to maximize their profits, and that in turn means they have to maximize the interest rates they charge. They’re good at doing that: like a magician, they force your attention to one place, full of shiny objects and bells and whistles, while quietly picking your pocket at the same time. They also take full advantage of behavioral economics, and the way in which we convince ourselves that we will be very fiscally prudent in the future, even if we weren’t in the past. They have every incentive to behave this way, and that’s exactly what they do, whether the CARD Act is in force or not.

Kolk has a series of perfectly valid points demonstrating that the CARD Act has reduced the amount of money that credit card issuers can make from their cards. That was entirely deliberate and intended. But there’s a common fallacy that if a company loses money in one area, it has to “make it up” somewhere else. In reality, the person in charge of that other area was always under pressure to maximize profits, even before the first area ceased to be so profitable.

In order for it to make sense for a credit card company to lower its interest rates, you need something of a perfect storm: not just lower rates, but also an environment where you want to increase your volumes, and an environment where you can gain new customers by advertising lower rates. Right now we’re just not there: credit card issuers aren’t so keen for new customers that they’re willing to lower their rates to get them, and in any case the people getting credit cards aren’t recklessly rolling over their balances, like they did before the crisis: instead, they’re still largely in deleveraging mode.

You wouldn’t expect credit card companies to be competing on interest rates, then — and they’re not. But that’s got nothing to do with the CARD Act. And regardless, as my chart shows, spreads and rates are both down significantly from when the CARD Act was introduced. Sometimes, regulation really does hit the companies it’s intended to hit, without much collateral damage.

COMMENT

QCIC,
Absolutley. The paper includes that point, though Felix’s description of it does not. In this document we are agnostic about whether the cost is worth the benefit; that’s a policy decision beyond the scope of the work. Also, we point out that the there are other consumer benefits that we are unable to quantify in the same way but which clearly resulted from the Act(e.g. lower late fee levels, elimination of most penalty pricing…). I’m a big fan of much regulation: love my clean water, clean air, lack of lead in my kid’s bloodstreams, reasonable safety levels of my food, knowledge that my broker is not running a pyramid scheme, and on and on…
Tim

Posted by TRKAdvisors | Report as abusive

The invidious reach of personal-finance snake oil

Felix Salmon
Jan 14, 2013 16:47 UTC

Ginia Bellafante’s column this weekend is depressing on two parallel fronts. Firstly, and unmissably, there’s the way it’s shot through with a miserable kids-these-days condescension. You really couldn’t make this one up: Bellafante’s theme is that young people in New York often spend too much money on — wait for it — food. Back in her day, 20 years ago, “it was possible to go for very long periods without meeting even one 24-year-old who could tell you anything about sea urchin”. Sadly, that’s no longer the case:

Every generation of young New Yorker finds its own way to squander its meager earnings, and this one seems content to spend the money it makes on expensive, curated food with little sense that it is really squandering anything at all.

This is clearly idiotic: as Ben says in the comments, “if any young person is fortunate enough in this punitively expensive city to have the money to spend on a luxury that she enjoys, then carpe diem and bring on the sea urchin”. Different people, and different generations, like to spend their money on different things. I have much more money now than I did 15 years ago, and yet there are certain things I spent money on 15 years ago which would seem ridiculously wasteful to my present-day self. And that’s exactly as it should be, not least because the fundamental driving force of capitalism is that trade can be mutually beneficial, thanks to differences in the way that two people value the same thing.

Bellafante’s Exhibit A is Yaffa Fredrick, a 23-year-old production assistant at MTV who spends some $300 per week on food. Indeed, Frederick loves her food so much that she “works an additional 10 to 15 hours a week tutoring and baby-sitting” so as to be able to afford more of it. Good for her! Except, that’s not how Bellafante sees it:

It surely comforts modern parents who have spent fortunes educating their children to know that these children are spending money on pork belly and not, for instance, cocaine. But what solace can it offer to realize that $300 a week put into an S. & P. 500 Index fund over the past five years would have provided an annual rate of return of 10.34 percent and grown to $100,354 today? Even saving $300 a week at a 6 percent rate of return would have yielded about $91,000, Mark X. Chemtob, a financial adviser at Ameriprise, said, adding that in both cases, the sums would qualify for a down payment on a starter apartment in New York.

This is the point at which Bellafante’s column both jumps the shark and at the same time demonstrates just how invidious a certain strain of personal-finance thinking has become. Obviously, this line of thinking is profoundly silly. For one thing, five years ago, Yaffa Fredrick was 18 years old; there’s no conceivable way one could expect her to have been saving $300 per week over the past five years. Not when most of those five years were spent in college. And in any case, at no point during the past five years — or during the next five years, for that matter — can anybody save $300 per week at a 6% return. Even 1% is pretty impressive, these days. In order to get anywhere close to 6%, you need to take a serious risk of losing a large chunk of your money, and/or you need to tie your money up in some highly illiquid investment. Neither approach makes a great deal of sense for a 23-year-old who could need her money at any time.

On top of that is the ridiculous idea that accumulating “a down payment on a starter apartment in New York” is such an obviously wonderful thing to be able to achieve that it’s worth not eating food for five years in order to get there. I think Bellafante might make an exception for a stuffed pork loin once a year, and maybe whatever bare-minimum expenditure might be necessary for purely nutritional purposes. But basically, she seems to be saying that if you’re 23, then to a first approximation you shouldn’t be eating out at all, and instead you should take all the money you can scrounge up from tutoring and baby-sitting, and put it into an S&P 500 index fund.

There’s an inescapable conclusion from Bellafante’s column: if you’re just starting out in the big city, a 23-year-old living on a relatively modest paycheck, then it behooves you to spend an additional 10-15 hours per week doing things like tutoring and baby-sitting, just so that you can take the proceeds and invest them in the stock market. Never mind that no 23-year-old in her right mind would ever do such a thing.

There’s an interesting question, though, hidden behind this silly column: Why does Bellafante think this way? Why does she think that saving money today is better than spending it on food, and why does she think that buying an apartment is better than renting one, and why does she think that when you’re 23, future consumption is more important than present consumption, and underneath it all, why does she think about the consumption of young New Yorkers in terms of bizarre opportunity costs?

To answer these questions, you couldn’t do better than to read Helaine Olen’s new book, Pound Foolish: Exposing the Dark Side of the Personal Finance Industry. As it happens, Olen had an op-ed in the same issue of the NYT as Bellafante’s column, and her message is clear. First, if we don’t have money it’s not our fault: household net worth has been falling as living expenses have been rising and median incomes have been stagnating. There are deep structural reasons why most Americans don’t have any real savings; those reasons explain substantially all of the problem, as Elizabeth Warren, for one, never tires of explaining.

As those deep structural causes took hold, so did the number of Americans struggling with their finances. I’m not talking about the young free and single here: I’m talking about mothers, in particular, working very hard to feed and clothe and house their families, finding themselves perennially short at the end of the month, and as a result spiraling into credit card and other forms of debt. That’s a horrible situation to be in, and when you’re that desperate, you grasp at anybody offering solutions to your problems.

Hence the rise of the personal-finance industry: gurus like Dave Ramsey, David Bach, and Suze Orman, who promise that they have the solution to your financial woes. These gurus have become extremely wealthy peddling their messages, mainly because the natural demand for what they’re offering is very large and growing. And there’s one thing they all have in common: a message that you can fix these things on your own, and somehow, magically, become fabulously wealthy — or at least financially independent — even without earning more money.

You can’t, of course: that’s a myth. But it’s a powerful myth, all the same: just cut out a daily latte habit, and the next thing you know, you’ll be a millionaire! Whether she realizes it or not, Bellafante has internalized this kind of personal-finance snake oil — the advice that you can reliably expect double-digit returns by investing in the stock market; that leveraging yourself up and going hundreds of thousands of dollars in debt by buying “a starter apartment” is an entirely sensible financial decision; and that indeed it’s so important you should probably deprive yourself of restaurant meals for half a decade in order to get there.

In reality, none of these things are true. A single 23-year-old in New York is going to spend all the money she earns, one way or another, and that’s absolutely fine. Saving is a means of delayed gratification: it’s a way of trying to buy future consumption, and it’s not something that most of us are very good at, especially not when we’re 23, when the marginal benefit of present consumption is probably at its absolute zenith. There’s a time and a place for saving, of course. But that time and place is probably not New York city at age 23. And in any event, people on modest incomes don’t, in reality, become rich through saving. That’s a myth peddled by personal-finance gurus and amplified by financial-services professionals peddling savings products. And it’s curiously powerful.

Update: It turns out that Yaffa Fredrick does save a substantial amount of money after all: “about $450-$500 a month—split between a personal savings account and a 401(k)”. Indeed, it seems that she’s actually one of the most fiscally prudent 23-year-olds in New York. Which you would never have guessed from Bellafante’s column.

COMMENT

The revelation she’s saving money makes a mockery of the original article and this worthless retort. Opinion columns blustering about half truths. What a shock.

Posted by markydee | Report as abusive

All’s Wells that lends well

Ben Walsh
Jan 11, 2013 23:08 UTC

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Being boring continues to be highly profitable for Wells Fargo. The nation’s largest bank by market cap reported $5.1 billion in earnings today, another record quarter. Lending continued to grow, and the bank originated $125 billion in mortgages, up 2% from last quarter.

The FT’s Tom Braithwaite explains why Wells Fargo’s shares went down rather than up today: its net interest margins — the profit it makes on the difference between what it borrows at and what it lends at — continues to fall. The WSJ reports that banks like Wells Fargo have too many deposits and complain of having too few creditworthy borrowers:

Deposits reached a record $10.6 trillion at the end of 2012, according to Market Rates Insight Inc., a San Anselmo, Calif., firm that tracks deposit data. Meanwhile, the share of each deposit dollar that banks lend out hit a post financial-crisis low in the third quarter.

But is Wells Fargo’s business model still too opaque for investors or regulators to comprehend, as Jesse Eisinger and Frank Partnoy argue? Wells Fargo CEO John Stumpf was dismissive: the “company is pretty plain vanilla… I’ve never seen us be more transparent”. Matt Levine puts it a different way: “if Wells is a giant hedge fund, it’s a pretty boring one”. If Wells is putting its cash into opaque investments rather than lending it out, Levine writes, it’s mostly investing in very low-risk assets. Wells just has “more cheap funding than it knows what to do with”.

Wells shareholder Warren Buffett doesn’t share Eisinger and Portnoy’s worries. US banks, he says, “will not get this country in trouble, I guarantee it… The capital ratios are huge, the excesses on the asset side have been largely cleared out”. (Buffett is an investor in four of America’s seven largest banks.)

For the moment, those excess deposits seem to be invested very conservatively, which means that Buffett may be right. But there’s still nothing, really, to stop that cash from someday ending up in CDX.NA.IG.9. — Ben Walsh

On to today’s links:

Pivots
How Samsung shocked geeks and became the biggest tech company in the world – Farhad Manjoo

Bold Ideas
Japan’s central banker is heroically rolling out a 10.3 trillion yen stimulus – Matt Yglesias

Good News
Long-term unemployment is finally starting to fall (albeit slowly) – WSJ

Popular Myths
We’re actually a lot closer to closing the deficit than you think – CBBP

Right On
“The debt ceiling is arbitrary, doesn’t affect the deficit, and serves no real function in keeping spending down” – Jerrold Nadler

Charts
A cool new way to measure the labor market – The Atlanta Fed
Will the economy grow in 2013? Depends what you mean by “grow” – Calculated Risk

Boys Clubs
All 13 executives reporting directly to Citigroup’s new CEO are men – American Banker

Wonks
A cool profile of an MIT economist whose “natural experiments” are changing education – MIT

China
The world has two economies: China, and everyone else – Diplomat

Headline of the Day
“Professor attends conference” – Salisbury Post

The Fed
When central bank independence fails – Gillian Tett

Crisis Retro
Jack Lew and how we all forgot about financial reform – Heidi Moore

Big in Japan
“Infidelity phones” that hide people’s affairs – WSJ

Peak Pirate
Pirate retires to spend more time with treasure – BBC

Upgrades
Attention Thomas Freidman: Amtrak is upgrading its WiFi – Chicago Tribune

Alpha
39% of fund managers beat the S&P last year – Barry Ritholtz

#MintTheCoin
S&P says minting a trillion-dollar platinum coin wouldn’t lead to a US downgrade – Dave Weigel

COMMENT

Disclosure ahead of time: I’m long Wells (actually Wells Fargo’s 2018 TARP warrants, but I’ve also been long the stock in the past).

Yes, Wells is a hedge fund like all the other big banks.

The good news is that it is much less of a hedge fund than all the others. I think they have a small investment bank, which they acquired when they bought Wachovia during the crisis. They didn’t have one before, they were solely a retail bank.

But still, Warren Buffett’s thing is that he mainly invests in companies whose management he trusts. He has very high trust in Wells’ management. And certainly, they have been the least unstable of all the banks. I very much doubt that Wells would put any significant sum in CDX.NA.IG.9. There’s nothing to stop that bar good management, but Wells has good management. Wells has always stuck to its knitting, and they’ve always known that whatever crap the other banks are spinning, they just need to stick to their knitting and they’ll profit well enough.

Of course, Wells may have exceptional management and exceptional discipline in keeping their hands out of the casino, but Wells is at the 90th percentile in terms of management quality and discipline. We can’t write public policy assuming that all the banks are as sane as Wells. Just as we can’t write public policy assuming that all of the banks which dabbled in investment banking had as good risk management as JP Morgan – because as it turned out JP Morgan was not as good as they thought they were.

If we forced the banks to break up, I personally would be unhappy for Wells, but it could well be the best step for the country. Or we could force all retail banks and all investment banks to hard divest. Whatever. I think we can be not skeptical of Wells and still think that the banks need major reforms.

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El-Erian on the coin

Felix Salmon
Jan 11, 2013 20:55 UTC

It’s not exactly a slow news week, but the platinum coin meme is gaining momentum daily all the same: today it jumped from Paul Krugman’s blog to his newspaper column, and now Mohamed El-Erian has weighed in, too, at Fortune. As the overseer of well over $1 trillion in fixed-income assets at Pimco, El-Erian’s views on this are important, and, in Fortune at least, he seems not to hate the idea: “much would depend,” he writes, “on whether the coin option is viewed as an end in itself or a means to an end”.

El-Erian worries about a large possible downside if the coin is seen as an end in itself, but at the same time, every single proponent of the platinum-coin idea is crystal-clear that they see it as a means to an end. So what does El-Erian think of that case?

I suspect that market reaction would be generally calm if the option were used as a way to diffuse what could otherwise be a repeat of the debt ceiling debacle in the summer of 2011 — when political brinkmanship and bickering harmed growth, risk assets and the country’s credit rating.

Indeed, some argue that, by broadcasting very loudly the dysfunction of Congress and essentially embarrassing its members, such an unusual (and for many — and here you can pick your preferred wording — unthinkable, unprecedented, absurd, creative, etc.) approach could provide the catalyst needed to shock our politicians into more constructive behavior, thereby reducing headwinds to growth and job creation.

This seems pretty positive on its face, especially the bit about the market reaction being “generally calm”. But there are hedges here, especially with the “some argue that” clause, so I asked El-Erian directly whether he himself would advocate the use of the coin. He replied:

Given the extent and depth of today’s political polarization and dysfunction on Capitol Hill, I do not believe that the proposal would end up serving as a means to a greater benefit – that of shocking Congress into taking its economic governance responsibilities seriously. As such, the risks would be too high and the benefits too elusive.

In other words, don’t put El-Erian in the #mintthecoin camp with Krugman. El-Erian’s point is an important one: we all agree that the only reason we’re even talking about this is the degree of political polarization and dysfunction on Capitol Hill. But minting the coin wouldn’t make that better: rather, it would exacerbate it further.

Or, to put it another way: the root cause of the debt-ceiling fiasco is Congressional dysfunction, and minting the coin would, by aggravating Congress, only serve to make that root cause worse rather than better. You’d be treating the symptoms while worsening the disease.

El-Erian makes another point in his column: he says that Treasury “has been strategically silent” on the coin option. At this point, the noise surrounding the coin is so great that it probably behooves Treasury to break its silence. By staying quiet about the coin, Treasury might think that it’s somehow preserving the option of using it. But at this point, the noise surrounding the coin is becoming unhelpful in and of itself. If Treasury isn’t going to use the coin, then Jack Lew should probably take the opportunity of mollifying House Republicans and saying so explicitly. If he fails to do so, that’s going to send the message that he’s keeping the option open. And I’m not at all sure that’s a message he really wants to send.

COMMENT

Auros:

No, it’s even simpler, the current Republicans should understand what the debt ceiling is.

See? Simple!

Impossible, but simple. Thanks for providing another useless solution.

Felix, you are less than useless on this. You are actively and objectively evil. Maybe not intetionally, but it cannot be said strongly enough that your prescription is awful and useless. You really should think about all the people that will suffer because you didn’t want your sensibilities offended.

Posted by Zdneal | Report as abusive

Don’t worry about an Elliott vs Argentina precedent

Felix Salmon
Jan 11, 2013 17:54 UTC

If you want to stay on top of what’s going on in the case of Elliott vs Argentina, here’s your one-stop shop: Shearman & Sterling’s invaluable page on the subject, with links to all the briefs and filings you could possibly ever want to read on the subject, plus Shearman’s own detailed and useful summaries of what they say and mean.

The latest news in the case is quite important. A group of Argentine bondholders — real bondholders, not the vultures holding defaulted debt — were understandably unhappy at the Second Circuit’s interpretation of the pari passu clause in New York law bond documentation. That interpretation is, for the time being, the last word on what the pari passu clause means — but the problem is that a majority of observers, including myself, don’t actually believe that the pari passu clause means what the Second Circuit says it means.

So Argentina’s creditors had a bright idea. New York courts are the ones in charge of determining what contracts mean when they’re written under New York state law. So they asked the appeals court to send the case over to the New York Court of Appeals, for a new ruling on the meaning of the pari passu clause.

They lost: the appeals court just said no to that idea. As a result, the world has already changed dramatically: from here on in, settled law is going to say that pari passu boilerplate can and should be read to mean that debtors should make a “ratable payment” to all equally-ranking creditors, and that they can’t pay Peter without paying Paul. This is an important precedent in the world of sovereign debt, and is almost certain to make debt restructurings that much more difficult, at the margin. Indeed, the FT ran an article last week saying that the ruling is so important we should maybe try to resuscitate the IMF’s doomed Sovereign Debt Restructuring Mechanism proposal from 2002. Please, anything but that.

The Second Circuit’s ruling is almost certainly here to stay; there are a couple of appeals going on, one to the whole circuit sitting en banc, and the other to the Supreme Court. But the chances of either appeal succeeding are vanishingly slim. But let’s not overemphasize the importance of the precedent here. There is a very real chance that Argentina could wind up in technical default as a result of this ruling, but it’s far from clear that the ruling is going to prove particularly important to any country that’s not called Argentina.

The reason is that the Second Circuit’s interpretation of the pari passu clause ultimately boils down to “hey Argentina, if you’re paying these guys, then you have to pay those guys too”. But there was never any doubt that Argentina had a legal obligation to pay those guys. Even Argentina itself doesn’t dispute that. Anybody holding defaulted Argentine bonds can very easily go to just about any court they like, and get a judgment saying that they have to be paid, whether or not anybody else is being paid at the same time.

So really, the interpretation of the pari passu clause is neither here nor there. What’s important — what’s absolutely crucial, in this case — is the remedy that Judge Griesa has come up with in retaliation against Argentina for not paying NML Capital (a/k/a Elliott). I explained that remedy using Lego last month; the important thing is that Griesa isn’t just delivering judgments against Argentina, but that he’s also binding intermediaries like Bank of New York Mellon and generally the entire financial clearing system.

That’s what all the briefs in front of the Second Circuit are now litigating: not the meaning of the pari passu clause, but rather what courts can and can’t do if they determine that the clause has been breached.

There’s a huge spectrum of possible rulings from the Second Circuit on that front, ranging from a full affirmation of everything that Griesa has done, all the way to a declaration that while Argentina has indeed violated the law, innocent third parties can’t be enjoined or punished for its actions. But whatever the Second Circuit rules, the ruling will only affect Argentina, and won’t be a particularly useful or important precedent for anybody else: remedies aren’t precedents in the same way that rulings are. In future, any judge finding a debtor guilty of violating a pari passu clause will still have full discretion in terms of the remedies she can impose, and will never be impelled to follow in Griesa’s footsteps. And even Griesa only started getting this harsh on Argentina after a full decade of Argentina cocking its sovereign nose at his court.

So while a lot of sovereign-restructuring geeks will breathe easier if the Second Circuit strikes down the most extreme part of Griesa’s ruling, nothing the court can do would be enough to justify broad-based panic about sovereign restructurings more generally, and very few investors would consider an Elliott victory here to be a green light encouraging them to try the same tactics in future restructurings. The Argentina case is unique on many levels, and is likely to stay that way — no matter how the Second Circuit rules.

COMMENT

Dear Felix did you think in study law?Then you must! so you read the Indenture and a Deal is a Deal and also read about Pare Passu.
Now when you say “real bondholders, not the vultures holding defaulted debt”
Sir the real bond houlders are the ones who have the original bonds (you do not have to be a lawyer to know that!)
The Vultures are those who by at 5 to the original houlders) and then make the exchange at 30 For Example look how much quote the Ecuador (default) bonds in Germany=uss10, one month ago it was at 5.
And the vultures you said are those people who buy at 100% of the price like the italians..

“There is a very real chance that Argentina could wind up in technical default”thats only because Argentine do not want to pay…

“but it’s far from clear that the ruling is going to prove particularly important to any country that’s not called Argentina|”HAHAHA I think is going to be perfect against Ecuador Default 2008

Posted by Danielmontero | Report as abusive

The Tim Geithner Legacy Project

Ben Walsh
Jan 10, 2013 22:57 UTC

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Step One in the Tim Geithner Legacy Project is complete: Barack Obama delivered a ringing endorsement of the Treasury secretary, who’ll be stepping down on January 25. Here’s the president:

“With the wreckage of our economy still smoldering and unstable, I asked Tim to help put it back together. So when the history books are written, Tim Geithner is going to go down as one of our finest Secretaries of the Treasury.”

Step Two: favorable consensus opinion. Neil Irwin writes that Geithner was “one of the most important Treasury secretaries in history” — he agrees that Geithner’s primary task was to “stop the bleeding” and that Geithner’s experience at the NY Fed made him a highly capable financial first-responder.

Joe Weisenthal pulls a chart from the Oregon Office of Economic Analysis that puts Geithner’s tenure in perspective: compared to previous financial crises — and compared to other countries recovering from the current crisis — the US job market has rebounded relatively quickly. Politico joins in the praise, and includes this gem from a former colleague: “If anything, he was quite focused on the pain the country was suffering”.

Not everybody is so positive, however. Paul Krugman isn’t sad to see him go: “Geithner has consistently been a voice urging the president to cave in for fear of upsetting the markets, with no real concern for the dangers of giving in to blackmail.”

And Binyamin Appelbaum tweeted his own take on Geithner’s legacy by pointing to an August piece headlined “Cautious moves on foreclosures haunting Obama”. The administration, Appelbaum wrote, “tried to finesse the cleanup of the housing crash”, and that caution hurt economic growth. (You can read more on the Obama Treasury’s troubled housing legacy here and here.)

What’s Step Three? Geithner told Charlie Rose that he’s unlikely to write a book after leaving office, and he’s equally unlikely to want to stay in Washington as Fed chairman. So maybe he’ll just work on his jump shot for a while before taking that inevitable highly-remunerative job at BlackRock. — Ben Walsh

On to today’s links:

Regulations
The whole system of corporate disclosure in the UK is broken – Paul Murphy

Liebor
Deutsche reportedly made $650 million in ’08 betting on everyone’s favorite rigged interest rate – WSJ

Popular Myths
Solyndra stunk — but the green stimulus program worked – WaPo

#MintTheCoin
Meet the anonymous commenter who started the trillion-dollar coin meme – Wired

Alpha
It turns out that it’s actually quite hard to tell if Herbalife is (technically) a pyramid scheme – Steven Davidoff
“Have a shake, share an Aloe”: A great liveblog of the Herbalife conference – Will Alden

Compelling
The myth of Africa’s rise: Growth and development aren’t the same thing – Foreign Policy
Lagos and Nairobi are the new Tokyo or Frankfurt – Economist

The Oracle
Warren Buffett personally guarantees that the banks he has personally invested in are great – Bloomberg

Housing
Americans are finding themselves legally liable for homes they didn’t know they still owned – Reuters
Why home prices will rise slower than last year – Calculated Risk

Quotable
David Boies, master of groan-worthy, misleading analogies about AIG – Bloomberg

Charts
Who owns the US stock market? Households, mostly – Global Macro Monitor

Politicking
“Fix the Debt” media stars lobbied for special tax breaks and subsidies for their clients – Timothy Carney

Oxpeckers
Web “media companies are having to run faster and faster just to stay in the same place” – Mathew Ingram

Wonks
The Jack Lew signature generator – Yahoo

Time To Panic
The coming coffee apocalypse – The Awl

Sad But True
The end of football – Ta-Nehisi Coates

Regulations
New Basel rules are a “transfer from taxpayers to bank insiders and (perhaps) stockholders” – Simon Johnson

Well Put
“Lindsay Lohan moves through the Chateau Marmont as if she owns the place, but in a debtor-prison kind of way” – NYT

COMMENT

Tim Geithner will be remembered for maintaining the old wall street order and status quo. Not only do we learn(this week in fact) that he leaked a 50 bps rate cut to BAC, but he famously said that the purpose of loan mods was to “foam the runway for the banks” just buying them enough time. He opposed going after the banks for fraud and did nothing to truly reform a broken system.

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How to improve vaccination

Felix Salmon
Jan 10, 2013 15:27 UTC

The NYT is leading its home page right now with a big story about the current raging flu epidemic. The cost of this disease is going to be enormous, both in dollars and in lives, and there’s a limited number of things that anybody can do to slow it down. As Kent Sepkowitz says:

This season’s hyperactivity demonstrates emphatically how critical vaccination is to control of influenza… There can be no greater advertisement for vaccination or a louder call for better vaccines than the great influenza outbreak of 2012–13.

Vaccination isn’t perfect — as we’re discovering right now. Especially with respect to influenza, which comes in a dizzying variety of flavors, a vaccine can’t prevent an outbreak every year. But vaccination has proved itself time and time again as being the most ambitious and effective solution to public-health problems that the world has ever seen. Vaccinate enough people, especially children, and you can eradicate entirely some of the world’s most lethal and devastating diseases.

As a result, it’s hard to imagine a more egregious violation of the Hippocratic oath than doing anything to violate the effectiveness of a vaccination program. Seth Mnookin has a wonderful book explaining how skepticism about vaccines is itself a kind of virus — he calls it the Panic Virus. And athough a panic virus does not need a kernel of truth at its core, such kernels are always incredibly dangerous.

Which brings me to the unconscionable behavior of Pakistani doctor Shakil Afridi, as orchestrated by the CIA:

Agents approached Afridi, the health official in charge of Khyber, part of the tribal area that runs along the Afghan border.

The doctor went to Abbottabad in March, saying he had procured funds to give free vaccinations for hepatitis B. Bypassing the management of the Abbottabad health services, he paid generous sums to low-ranking local government health workers, who took part in the operation without knowing about the connection to Bin Laden. Health visitors in the area were among the few people who had gained access to the Bin Laden compound in the past, administering polio drops to some of the children.

Afridi had posters for the vaccination programme put up around Abbottabad, featuring a vaccine made by Amson, a medicine manufacturer based on the outskirts of Islamabad.

In March health workers administered the vaccine in a poor neighbourhood on the edge of Abbottabad called Nawa Sher. The hepatitis B vaccine is usually given in three doses, the second a month after the first. But in April, instead of administering the second dose in Nawa Sher, the doctor returned to Abbottabad and moved the nurses on to Bilal Town, the suburb where Bin Laden lived.

This is horrible on three levels. First, doctors should treat disease, they shouldn’t allow themselves to be used as pawns in some counter-terrorism game, and they should never be deceptive about what they’re doing. Secondly, and much more importantly, no doctor should ever administer the first dose of a hepatitis B vaccine without then going on to administer the other two doses. That’s the worst thing you can do: it means that the vaccine is utterly ineffective, even as many families think that they’ve now been vaccinated. Thirdly, it’s very easy to draw a direct connection from Afridi’s behavior to the news that eight polio vaccinators have been murdered by militants in Pakistan.

Pakistani preachers have been saying that vaccination campaigns are a western attempt to sterilize Muslims; that’s ridiculous, of course, but the fact that the CIA has indeed used vaccination campaigns in the past, as a way to prosecute its own counter-terrorism campaigns, hardly makes it any easier for organizations like the World Health Organization and Unicef to counter the rumors.

What can the US government do about this? Not a lot, sadly. But there is one small thing, which is quite easy, and could conceivably make a real difference at the margin. Here’s Charles Kenny:

A declaration by the US that public health interventions will not be used to gather intelligence could play a vital role in tipping the balance towards successful polio eradication – and enhance US national security. Such a declaration has been proposed in a letter sent to President Obama this Monday signed by the deans of America’s top public health schools. I suggest this could be modeled on – and inserted into – Executive Order 12333 which mandates that “No element of the Intelligence Community shall sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services,” and bans engagement in or conspiracy towards assassination and actions intended to influence United States political processes, public opinion, policies, or media.

Kenny would like one extra line added to EO12333:

No person acting on behalf of elements of the Intelligence Community may join or otherwise participate in any activity directly related to the provision of child public health services on behalf of any element of the Intelligence Community.

Adding that line could do no harm, and might, conceivably, do quite a lot of good — saving the lives of children and health workers alike. Given the millions of parents who decide whether or not to vaccinate their children every year, even small things can have large potential knock-on effects. Here’s hoping the White House is listening.

COMMENT

Somewhere in my mind swims the line, “Americans want to know what is going on in the whore-house, but they won’t find out by acting like Mother Theresa.”

In an objective sense what Dr. Afridi did was wrong, but the greater good of fingering the world’s most notorious terrorist must be considered. When I was in college, I was a pacifist, convinced that we should always uphold the highest principles. In the real world, grown-ups need to make decisions in morally grey areas. Sometimes that may mean co-opting a doctor to locate a bad guy.

Societies have the morality that they can afford. The “prisoner’s dilemma” evaluated across cultures makes that clear.

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Counterparties: America’s “wonk Zelig”

Jan 9, 2013 22:49 UTC

Welcome to the Counterparties email. The sign-up page is here, it’s just a matter of checking a box if you’re already registered on the Reuters website. Send suggestions, story tips and complaints to Counterparties.Reuters@gmail.com.

Jack Lew, currently Obama’s chief of staff, will be put up for the top job at Treasury as early as today.

This is the ultimate internal hire: with stints at the director of the Office of Management and Budget and as the Deputy Secretary of State, Lew has “played a role in every big budget deal since 1983,” Joshua Green writes. “He’s a wonk Zelig.”

If there’s a contrast with current Treasury chief Tim Geithner, says Matt Yglesias, it comes not so much from Lew’s background, but from his focus. Geithner is “very much a finance guy” — even though he never actually worked on Wall Street — while Lew is an “in-the-weeds legislative wrangler”.

This isn’t to say Lew has no finance experience: he served a two-year stint at Citigroup, where his group, among other things, invested in John Paulson’s bet against the housing market. One of Green’s sources says Lew ran “a third-rate division at a third-rate bank.”

The Conventional Wisdom pro-Jack Lew case can be found in the many glowing profiles about his “nearly impeccable record”. Lew is consistently portrayed a get-thing-done centrist who has a knack for bipartisanship. In a 2011 profile, Ben Smith called him one of “last of the pragmatic liberals”. This quality lead him to be hailed as “the man who could save Obama’s legacy”. (Nonetheless, Republicans have still managed to hate the pick).

The anti-Lew crowd, on the other hand, apparently includes Wall Street. Because Lew isn’t an industry insider — like, say, Erskine Bowles or Larry Fink — the nomination is “a signal that the president is not as serious about mending his relationship with corporate leaders”, Stephen Gandel says. Jonathan Weil, for his part, thinks Lew is too close to Wall Street, just by virtue of his resume. It may come as some consolation to Wall Street that Lew has said he doesn’t believe deregulation caused the financial crisis, and reportedly busted unions during a stint at NYU. Also, his signature, which will appear on US banknotes, does bear a passing resemblance to a Wall Street bonus check.

As Treasury Secretary, Lew — who has no real experience in financial regulation — will also be the head of the Financial Stability Oversight Council, a new group of regulators charged with preventing the next crisis. And, in picking Lew, Obama may have overlooked other candidates: “The White House has not named an actual outsider to their economic team since taking office,” Ezra Klein writes. – Ryan McCarthy

On to today’s links:

Tin Machines
What David Bowie’s new single tells us about consumption capital – Stumbling and Mumbling

Regulations
Why the Basel change was a bad idea – Felix

Alpha
Dan Loeb and Bill Ackman are squaring off over the future of Herbalife – Reuters

JPMorgan
Jamie Dimon, blind-item gossip merchant – Bloomberg

The Fed
Meet the Fed’s lone dissenter who thinks the central bank has gone way too far – Binyamin Appelbaum
Switzerland’s central bank is waging risky a currency war against the Euro – WSJ

Crisis Retro
AIG decides not to sue the government that bailed it out — Reuters

Yikes
Morgan Stanley plans to eliminate 1,600 i-banking jobs — Bloomberg

EU Mess
Mario Draghi delegates, listens and doesn’t try to out-German the Germans – Reuters

Dead Ends
It’s official: 3D is dead – The Verge

Investigations
An ex-SAC analyst has given Fed 20 names of people he says are guilty of insider trading – DealBook

Startups
Redditt raises $1 million at a $400 million valuation – Peter Kafka

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