The housing bubble

The effects of the housing bubble are well known — it led more or less directly to the collapse of Bear Stearns, Lehman Brothers and AIG, whose toxic portfolio of credit swaps was in significant part composed of the insurance that banks like Goldman bought against their own housing portfolios.

- Matt Taibbi

How was this bubble created?  Remember the four elements:

  • An Intangible Market.  Goldman Sachs bundled good and bad mortgages into Collateralized Debt Obligations (CDOs) so that buyers couldn’t figure out what was good and what was bad … and sold them over and over and over again.
  • A Broken Rule.  In the only days, mortgage dealers required 10% plus down payments, a steady income and a good credit rating.  These underwriting standards were discarded creating a lot more bad mortgages.
  • An Insider.  Robert Rubin, a 26-year alum of Goldman, fought back an effort to regulate derivatives like these CDOs when the head of the Commodity Futures Trading Commission (CFTC) tried to do so.  The CFTC was ultimately stripped of regulatory authority and banks were “free to trade default swaps with impunity.”
  • A Hedge.  ”To hedge its own bets, Goldman got companies like AIG to provide insurance – known as credit default swaps – on the CDOs.”  In other words, Goldman Sachs was betting against the CDOs it was selling.

Importantly, please realize that Goldman Sachs was not alone in creating this bubble.

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The internet bubble

The basic scam in the Internet Age is pretty easy even for the financially illiterate to grasp. Companies that weren’t much more than potfueled ideas scrawled on napkins by uptoolate bongsmokers were taken public via [Initial Public Offerings (IPOs)], hyped in the media and sold to the public for mega-millions. It was as if banks like Goldman were wrapping ribbons around watermelons, tossing them out 50-story windows and opening the phones for bids. In this game you were a winner only if you took your money out before the melon hit the pavement.

- Matt Taibbi

How was this bubble created?  Remember the four elements from yesterday’s post:

  • An Intangible Market.  The internet, which really is just a bunch of interconnected electronic circuits whose use might somehow produce money for the user, was the ultimate intangible market.
  • A Broken Rule.  Prior to the internet bubble, there was a long-standing rule concerning which companies were appropriate for IPOs.  The company had to have been in existence for five years and produced a profit for three consecutive years.  Near the end of the internet bubble, tech IPOs were being initiated for companies that had never made a profit and would not make a profit into the foreseeable future.
  • An Insider.  The investment bank offered executives sweetheart deals for IPO shares resulting in money being diverted from the company’s bank account to the CEO’s and CFO’s bank accounts.  In return the investment bank was promised additional business.
  • A Hedge.  As the facilitator of an IPO, an investment bank earned a commission on the amount of money it raised.  The big risk for the investment bank was that it wouldn’t be able to dupe people into investing enough in a shaky IPO.
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In my first blog post, I questioned whether investment houses might create a new speculative market by betting on the outcomes of lawsuits much the way they encouraged betting on mortgage-backed securities.  In certain respects, that post now seems out of place in a blog devoted primarily to education issues.  I, however, always intended to return to the general subject of market speculation, and Matt Taibbi’s masterful undressing of Goldman Sachs in the latest issue of Rolling Stone gives me a wonderful opportunity to do that.

While some of Mr. Taibbi’s language is a bit risqué and he singles out Goldman Sachs when other financial services firms are guilty of the same or similar practices, I encourage you to set aside all prudish compunctions and read Taibbi’s article from beginning to end.  Indeed I predict that many of you will be spouting his colorful expletives freely by the time you finish.

Before doing so, however, reflect on the news from Wall Street last week.  One after another, banks and investment houses announced large profits in the midst of the largest financial meltdown since the Great Depression.  Leading the way was Goldman Sachs, which reported a $3.44 billion (that’s “billion” with a “b”) profit in the second quarter, followed closely by JPMorgan Chase with a $2.7 billion profit.  ”One theme here,” said former Clinton Administration Labor Secretary Robert Reich in The New York Times, “is that Goldman Sachs and JPMorgan really emerged as the winners, as the last of the survivors.”

What is the recipe for Goldman Sach’s success, according to Mr. Taibbi?  Consistent with all illicit money-making schemes, there are four elements:

  • An Intangible Market.  It’s difficult to defraud someone when he or she is paying you cash for a widget.  Either you have the widget or you don’t.  Either the widget works or it doesn’t.  Not so with markets for intangibles, which can come and go like a magician’s rabbit.
  • A Broken Rule.  Contrary to popular belief, there is no new money-making scheme under the sun.  Every scheme has been tried in one form or another before.  As a result, there generally are rules in place to prevent the most significant abuses from occurring.  These rules must be broken.
  • An Insider.  It helps to have someone who gets a better deal than everyone else or has a special relationship with you.  Every money-making scheme needs champions.  This is why Ponzi schemes are so successful.
  • A Hedge.  The savvy investment house always positions itself so that does not get harmed when the bubble bursts.

The lessons to be learned from the internet, housing and oil bubbles are so important that they need to be examined in detail.  But first a tantalizing trinket: How much did Goldman Sachs pay to this nation in taxes last year?  $14 million (that’s “million” with an “m”), or about 1/3 of what the company’s CEO made.

The take-away: Free markets are only “free” for companies like Goldman Sachs who are “too big to fail.”

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Yet another topic addressed by World Conference on Higher Education attendees was the trend of decreasing government contributions to higher education as a percentage of the overall cost of higher education.  This trend is especially pronounced in Europe, which has a tradition of providing free public higher education.  But the trend also is pronounced in West Virginia.  At the beginning of the millennium, the State paid about 60% of a four-year student’s cost of education (not cost of attendance, which includes room and board, etc. and is another matter); nine years later students are being assessed almost 60% of the cost.  A dramatic shift.  Having said that, please realize that this analysis ignores student financial aid, which increased dramatically over that same period at the state level, so West Virginia higher education – especially baccalaureate institutions, which benefitted disproportionately from the PROMISE scholarship – is not quite as poor as some claim.

Despite what you might hear in the hallowed halls of academe, there is a reasonably good argument for having students pay for their own higher education, even if they have to take out student loans to do so.  In 2006 the average male with a high school diploma earned $37,030, while the average male with a bachelor’s degree earned $60,910. A rather substantial loan payment could be made with that $23,880 in extra income.  If the average college graduate is going to see that kind of benefit, why shouldn’t he or she pay for it?  Furthermore, why should that high school graduate earning $23,880 less than the college graduate subsidize the college graduate’s education with his or her taxes?

There are two reasonably good responses to these points.  The first relates to fairness and equity.  Research tells us that students from poorer families, particularly with no history of college attendance, too often make the wrong decision from a purely economic perspective not to attend college.  Do we really want the rich to get richer and the poor to get poorer?  The second relates to the larger public benefits that accrue to an educated society – stronger economic development, greater civic engagement, etc.  The rising tide of education lifts all boats.

Earlier this week the New York Times reported on a new “investment fund.”

“Investing in Lawsuits, for a Share of the Awards”

Instead of investing in stocks or bonds or even mortgage-backed securities, Juridica Capital Management invests in lawsuits.  Juridica, says the New York Times, “invests in one side of a lawsuit in exchange for a share of the winnings.”  To the legally unitiated, this may seem bizarre.  But lawyers who take cases on a contingent fee basis and who enter into co-counsel arrangements in order to finance high-cost litigation, such as class-action lawsuits, do much the same thing.

Juridica seems to be going down a road that is very similar to the one previously taken by bankrupt and near-bankrupt financial services companies, which never seemed to run out of new investment ideas.  Will we soon have a new financial market for lawsuits?  Will we soon pool together legal risks and sell and resell them so that no one can determine their true value?

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