Key 2007 email sums up the mortgage situation. It’s not from Goldman.

Forget the middlemen – the real criminals are those who betray their oaths of office.

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Via the Motley Fool, here is an email from someone inside John Paulson’s hedge fund:

It is true that the market is not pricing the subprime RMBS [residential mortgage-backed securities] wipeout scenario. In my opinion this situation is due to the fact that rating agencies, CDO managers and underwriters have all the incentives to keep the game going, while ‘real money’ investors have neither the analytical tools nor the institutional framework to take action before the losses that one could anticipate based [on] the ‘news’ available everywhere are actually realized.

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This guy was on the right track. Incentives are everything when you’re looking for explanations. The only things this guy left out were the role of government and the fact that managers did have the tools (google, for one) to figure out that there was a housing bubble.
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Government provided low-interest credit through Fannie and Freddie, which passed off much of the risk here to the taxpayer through their implied (later realized) guarantee. There was also the tremendous moral hazard of “too-big-to-fail,” which was always just a cover story to justify whatever taxpayer theivery the banks wanted to undertake. FDIC is also another massive risk-transfer scheme that encourages reckless lending by both bankers and depositors.
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Also key is the fact that the incompetent rating agencies, Moody’s, S&P and Fitch, only got that way after the government made them a cartel and removed market forces from their industry. If all rating agencies were paid by investors (rather than issuers) and had to compete on the basis of their performance, like Egan Jones, they would actually do some analysis.
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Goldman is a scapegoat. In the final analysis, they may be untrustworthy (who didn’t know that anyway), but they are just middlemen, and they didn’t force anyone to buy their bonds. They didn’t create the demand for junk credit — interest rates and spreads were very low during the bubble years, and huge institutional buyers with very highly paid managers simply failed to do their job of understanding what they were buying. Without their demand for junk mortgages, there could be no giant bubble. In the case of public pension funds like Calpers, this demand was partly the result of unrealistic promises made to unions which required very high annualized rates of return.
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For anyone who had read any economic history, the situation was plain as day (houses were selling for record multiples of incomes and rent, prices were way above trendline, credit was ridiculously easy, and speculation was rampant). If I saw it as a 20-something kid using google, how could the big shots miss it? The reasons are similar those in any mania, with heavy doses of moral hazard, group-think and extreme optimism. It’s all clear in retrospect, but back then only the weirdos, historians and Austrians were removed enough from the zeitgeist to see it.
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If you want to single out firms and individuals for retribution, look at those who betrayed their oaths of public service during the bubble and the Heist of ’08: Tim Geithner, Hank Paulson, Ben Bernanke, Alan Greenspan, Chris Dodd, Barnie Frank, Nancy Pelosi, Chris Cox, etc. Forget the middlemen – these are the real criminals, the people who lie into cameras for a living and deploy force against the citizenry (as a taxpayer you are forced under threat of imprisonment to absorb the losses on bad mortgages you neither bought nor created).
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The bankers can buy this power, but only because it’s for sale. Bankers don’t even have to violate the law to lock savers into their paper money cartel and pass off risks to the taxpayer — their lackeys have fixed it all for them.

Bill Laggner interview: Greece, GS, derivatives, etc.

Eric King always does a good interview, and Bill Laggner is a hedge fund manager (Bearing Fund, LP) who has been on top of the credit bubble and bust. He comes at things from an Austrian perspective.

Listen here.

Some take-aways:

- People of wealth around the world have lost faith in their respective governments.

- There is a limit to government borrowing, but establishment economists and politicians are very complacent right up to the end.

- Goldman’s swap transactions on Greek debt.

- Good luck getting Greece to go from 14% deficit to 3%.  Mathematically impossible — Greece must default like Argentina did in 2001. They’ll probably leave Eurozone, and this may be best for each of them.

- Portugal, Ireland and Spain face the same issue. Spreads blowing out. Puts heavy pressure on European banks.

- Politicians and talking heads are saying sovereign debt issue is contained, just like they said sub-prime was contained.

- European banks are at least as levered as US banks were two years ago.

- We’re at a juncture where we can print and delay or default and get it over with.

- Some countries may realize they are better off defaulting than taking IMF money and being slaves.

- GS people have been hired by Greek government to advise on bailout.

- Monetary elites like GS face a risk of the structured finance business, their bread and butter, disappearing.

- GS and others don’t produce capital. They speculate and then siphon money from taxpayers when they lose.

- Goldman’s proprietary trading book is highly lucrative, much more so than most other investment banks’. They make money over 90% of the time – how is that possible if it’s all honest?

- Goldman was a credit facility for New Century, one of the worst loan originators in sub-prime. We’ll find out more about their roll in helping build a market for junk mortgages. Possible exposure of fraudulent practices.

- Goldman sold a lot of this mortgage paper on leverage — they provided loans to funds to let them go levered long CDOs.

- Civil litigation will open up Pandora’s Box. Where there illegal activities within Goldman? Possible reputational risk. If they survive, they’ll be a shell of their former self.

- US has the same problems as Europe. US cities and states are just as bankrupt as Greece.

- Local politicians are corrupt and clueless and bankers took advantage of them, as in Jefferson County Alabama.

- Criminal proceedings in Italy against Deutsche Bank should provide insight into possible bribery and fraud related to derivative transactions.

- Expect litigation related to US city and state derivative transactions, as in Jefferson County Alabama.

- Expect increased outrage towards bankers.

- No transparency in US financial system.

- As states and cities go bankrupt, expect them to default on derivative transactions and enter litigation.

- (My own note: what about government employee unions? If you’re looking for an explanation for municipal and state bankruptcies, look there first.)

- US financial reform bill doesn’t solve anything. Still have the moral hazard of too-big-to-fail.

- Geithner is walking moral hazard.

- Amazing rally in risk assets over the last 14 months. Complete about-face in sentiment. New low in bearishness.

- Bill and partner Kevin Duffy are two of the few remaining bears left on the planet.

- VIX is ticking back up, Fed has ended a key lending program, sentiment is too extreme, leading economic indicators are rolling over. Stimulus will wear off like any drug, and there has been nothing done to sustain economy.

- If central banks hit the accelerators on their printing presses to bail out bankrupt governments we could enter a hyperinflationary mode. If we go the route of default, that could be avoided (deflation).

Who’s worse, Senators or Goldman traders?

Senators. Watching today’s hearing, I’m left with the impression that the politicians are megalomaniacal, hypocritical and ignorant. The Goldman guys are sharks, to be sure, but here they come across as pretty straightforward.

The Senators seem to just be fishing for sound bites, with very little understanding of what was actually going on in the mortgage business. Susan Collins seemed unable to grasp the difference between a market maker (a kind of trader) and an investment advisor, when she asked over and over again if these Goldman market makers had a fiduciary duty to their clients.

Now this guy Kaufman seems hung up on stated income loans, as if Goldman were wholly responsible for the loose lending standards of that era. What about the idiots running the multi-billion dollar endowments and pension plans who bought these securities? They were more responsible for the bubble than these middle-men, since without their willingness to buy anything with a yeild premium lending standards could not have gotten out of hand.

And what about the government-sponsored rating agency cartel? What about Fannie, Freddie and the Fed? FDIC, etc, etc.? This is just scapegoating as usual.

UPDATE, 4:50 EST:

I can’t believe it. I’m rooting for the Goldman guys over this blowhard from Detroit, Carl Levin, and the rest of these ignorant hypocrites.

Foot-in-the-mouth comment from CFO David Viniar just now, in response to Levin’s question about how he felt when reading those old emails: “I think it’s very unfortunate to have that on email.”

I’m actually surprised that Goldman wasn’t better about controlling email. Why allow any of this stuff to be put in emails, and to retain them? What’s wrong with the proverbial smokey room?

The more I watch, the more peeved I get about the general thrust of this witchhunt. Goldman was a middleman and a trader, that’s it. They sold these products to very big money players. Those guys were the negligent ones, where the real blame lies, along with the government and central bank that fueled this blaze with moral hazard.

Fabrice Tourre, Scapegoat

Today’s civil fraud charges against Goldman were a surprise, but the devil is in the details, and the case against the firm doesn’t look particularly strong. Goldman claims to have actually lost $90M by investing in the ABACUS CDO (Bloomberg), and lead investor (and major loser) ACA actually had ultimate authority over the securities selected and knew of short-seller Paulson & Co’s involvement in the selection process (though not that they were shorting) as pointed out in an excellect article by Henry Blodget :

In reality, however, to make this case, ACA is going to have to make the embarrassing admission that knowing what Paulson & Co was going to do affected its judgment with respect to the transaction.  This information should NOT have affected ACA’s security selection process.  It should also not have affected ACA’s decision to go forward with the deal.  ACA is an independent firm staffed with experienced professionals paid millions of dollars to evaluate securities by themselves. What Paulson was or wasn’t planning to do, therefore, should have been irrelevant.

We also know that Goldman knew in advance about the SEC’s plans, and that the man picked out for a public stoning, Fabrice Tourre, is a Frenchman who was only 27 or 28 at the time of the misdeeds in question. The CDO business was the cash cow of the bubble years and a prime focus from the executive suite on down. Was this kid really that important in the scheme of things?

Tourre admitted in emails that he didn’t even understand CDOs very well. It is just a joke that this is the best scapegoat that they could come up with. Did Goldman bring civil charges against itself on a weak and obscure point via minions (like Adam Storch) at SEC in order to create a safe outlet for the mounting public outrage? It certainly looks that way from here.

Wake me up when a Goldman employee or alumnus over 40 with a net worth over $100m goes to jail.