You remember how Wall Street was going to reform itself?
Stop with the loans to borrowers who couldn’t pay them back and so on. Well,
before you can say subprime lending bites it, some of Wall Street’s oldest
games are back with some brand new names and games, for consumers, corporations
and investors, sort of an equal opportunity casino, where everyone gets
screwed.
For instance, some of old Wall Street’s good old gamers,
Bank of America (BofA), Citigroup and JPMorgan Chase, have unveiled some lines
of credit tied to those complicated, unpredictable things called derivatives.
Not to be outdone, Wells Fargo and Fifth Third are rolling out payday-loan programs
for cash-poor consumers, just making it paycheck to paycheck. Imagine that.
What will they think of next? Well, others are pitching new, highly risky
“structured notes” to small investors. Ain’t that swell?
I mean it’s not a done deal that these instruments are built
to fail, ahem. That is, if the economy supposedly keeps “moving forward,”
whatever that means, then the financial gismos could work out for buyers and
sellers alike. Or not! And not will not be pleasant.
What scares regulators, lawmakers and consumer advocates
though is a whole other ball of wax: that Wall Street’s big old banks are one
more time packaging tricky loans to borrowers who can’t pay them back, and the
bankers are peddling poisonous investments to investors who don’t understand
the risks, which all could cause trigger trouble in the banking sector and blow
another fuse in the economy. So, the banks, it seems, have learned nothing from
their past criminal behavior to new and equally destructive games.
Let’s look at some of Wall Street’s new names for the old
games. Lenders generally tie corporate credit lines to short-term interest
rates. But now Citi, JPMorgan Chase and BofA, to mention a few, are tying
credit lines to both short-term rates and the nefarious credit default swaps
(CDS that brought down AIG Financial Products which insured them). These are
high-risk and intricate derivatives that are supposed to behave like
“insurance,” paying off the owners if a company defaults on its debt. Of course
the “Too Big To Fail” three declined to comment on resuscitating these
lime-pits. But trust them to try them.
In these new deals, when the price of the CDS rises -- which
usually is a sign that Wall Street thinks the company’s strength is tanking -- the
cost of the loan goes up, too. So it’s double trouble. The weaker the company,
the higher the interest rates it has to fork out, which increases the company’s
pain, and yours. Of course, the lenders say that these new time bombs, excuse
me, products give them more protection. But for the companies, just the
opposite will be the real deal. Why7
Managers have to deal now with two layers of volatility,
both the short-term interest rates and credit default swaps, whose prices can
jump for reasons beyond their control. To make it even worse for corporate
borrowers are the high fees. Banks are all raising rates for credit lines, and
the new CDS-based credit line costs way more than the old lines. FedEx for
instance could arrive at payments of $3.6 million a month if it goes in for a
new credit tap to Morgan. FedEx, back when, would have paid a mere $549,000 for
it. This is the CDS nightmare redux.
But Business Week says in its August 17 issue, in “Old
Banks, New Tricks,” that a lot of companies have few other choices. Corporate
credit’s still tight despite the waterfall of federal money. That given, the
banks, canny as they are, are steering borrowers born like suckers every minute
to the CDS-linked loans. Good luck. In fact, lenders have passed out nearly $40
billion in CDS this year, about 70 percent of the total in credit lines to
borrowers in good standing, meaning still standing.
That figure spiked from around 14 percent in 2008. FedEx,
UPS, Hewlett Packard, and Toyota Motor Credit have all rolled the dice once
more. They never learn, or even seem to care. Just do it, like Nike says, then
cry on the government’s shoulder for a bailout. A UPS spokesman shrugged, “It
wasn’t our idea,” as if that exonerated it of the responsibility to think about
the danger clearly. “The banks pulled back from offering set rates.” Duh, but
did you calculate what if rates soared?
At the other end of the borrower rainbow, big banks are
offering another pot of controversial gold: payday loans, whose interest rates
can zoom as high as 400 percent, yes 400 percent. In the past, the market was
characterized by small non-bank lenders (loan sharks), mainly operating in poor
urban areas and offering customers advances on their paychecks (and broken
kneecaps if they didn’t pay back the vigorish and/or the loan).
But now big lenders Fifth Third and U.S. Bancorp started
offering the old games (loans to the strapped), while Wells Fargo works to
promote its payday-loan program. In fact, more big banks are jumping in the
market as a flurry of recent usury laws broke the smaller players’ backs. Fifteen
states, believe it or not, actually have capped interest rates on short-term
loans or tossed the lenders from the game.
Ohio has laid down a 28 percent interest rate limit, which
is no piece of cake, but better than 400 percent for anyone who can count. But
thanks to interstate commerce rules, nationally chartered banks don’t have to
follow local rules. They are above them. Just the various state banks have to
follow them. How’s that for fair?
Yet after Ohio curbed
rates, Cleveland’s
Fifth Third, with 400 branches in the state but also operating in 11 other
states, came out with an Early Access Loan, with an annual rate of only 120
percent. Argh! Kathleen Day of the advocacy group Center for Responsible
Lending said, “These banks are skirting state laws.” Right Kate, but a
spokeswoman for Fifth Third retorted, “Our Early Access product fully complies
with federal regulations and applicable state regulations.” Why, because you
called the old game by a different name?
Lenders claim they’re offering a valuable service for those
who need emergency cash. And so does the local shylock. Wells Fargo claims it
actually warns customers who use its Direct Deposit Advance that the loan is
pricey and offers alternatives. How large of them. A spokesperson says, “We
have policies in place to prevent long-term usage of the services.” I guess
that’s so you only get ripped off for a short term. U.S. Bancorp didn’t even
bother to answer Business Week’s phone calls. So much for full disclosure and
transparency which we thought was going to be the new name of the game.
And, in fact, national regulators are noticing no-no’s. The
Office of Thrift Supervision claims it’s “looking into” two institutions
offering the high-interest loans. Wow, two. That’s fantastic. “We need to make
sure there’s no predatory lending and also ensure that there are no risks to
the institutions,” says an OTS spokesman. Well, golly.
On the investment front, guess what, the Wall Street casinos
(excuse me again), investment banks are wrapping their arms around more risk.
Risk is so dangerously appealing, so warm, so perfumey, so profitable, so
backed by government bailouts.
Big brokerage bordellos like Morgan Stanley Smith Barney and
UBS are trotting out new forms of “structured notes,” mmm, a type of debt
instrument. Wall Street sold $15 billion of these honeys in the second quarter,
up from $13 billion in the first, according to StructuredRetailProducts.com. So
things are looking up, as long as they don’t go down. Know what I mean? Some of
the new notes have a minimum investment of only $1,000 to play. So get your
investment Viagra out to keep them up.
Structured notes are mainly derivatives for small investors
(probably insane), but may make sense for those who truly, truly understand how
they work. Basic structured notes allow buyers to benefit from the growth in
stock, bond, or currency prices while offering a degree of loss protection.
Like how much? Also, it’s no surprise that many of the new games are highly
complex and may not, guess what, pay off all the risk. Surprise!
Buyers “have to have the [financial] experience to be able
to evaluate the risk,” says Gary L. Goldsholle, general counsel at the
Financial Industry Regulatory Authority (which is not a contradiction in terms
necessarily), the securities industry’s self-governing organization (if that’s
possible).
Yes, all in all, the new debt investments offer attractive
rates, sometimes actually guaranteeing double-digit returns for the first
couple of years. But when those old teaser rates disappear, watch out, the big
ball comes very fast. And investors face huge pie-in-the-face-like losses over
the life of the “instrument.”
A Morgan Stanley spokeswoman says the firm “services a broad
range of products for retail and ultrahigh-net-worth clients,” including
structured products. It even “offers training to financial advisers to assist
them in making suitability determinations,” like whose too damn dumb or naïve
too buy one. UBS, wisely, declined to comment. They’re in enough trouble
already with dodging taxes for clients’ deposits in off-shoring outlets.
The risks, to say the least, can be tough “to tease out” of
the prospectus. But you can get yourself one of those magnifying lens with the
light that you use in dark restaurants to see the credit card bill and pay it.
Like a July offering from Morgan promises 10 percent interest for the first two
years. But after that it pays 10 percent when short-term interest rates and the
Standard & Poor’s 500-stock index both stay within certain ranges, and the
moon has a certain purple glow to it in August, also if your teeth hurt. If the
first two don’t, the investment, guess what, pays nothing. Hey ho, you in or
out, bro?
The prospectus says the second scenario was a rare event
over the past 15 years, but hey, you never know, and as the recent market chaos
shows, history’s models aren’t always reliable, or even have clean lips, even
with lipstick on these pigs. Investors in similar notes got fried last year
when Lehman Brothers burned and sank.
Says Bob Williams, a broker at Delta Trust Investments in Little Rock, a man who
has often pitched such “investments”: “I’m not convinced half the brokers in
this country, much less their clients, understand these products.” The truth is
that these instruments are not designed to be understood. They’re cooked up in
mathematical double-talk by a variety of math geeks.
Coda
And if that’s not enough from Biz Week, here’s a note on
Derivative Risks from the August 10, a week earlier than the “Old banks, New
Tricks” pieces. It says, more or less, and I’ll try to ease the pain, that in
the wake of recent financial havoc, the Financial Accounting Standards Board
thought it would be a great idea to ask the big banks’ about their exposure to
derivatives.
The first quarter of 2009 was the first time they had to do
that, imagine, and the results are in. So hold onto your wallet and grab your
seat: Exposure is extremely concentrated in the “too big to fail” institutions.
In fact, “A Fitch Ratings study of 100 banking and investment firms said that
80 percent of the derivative assets and liabilities carried on the companies’
balance sheets belonged to just five outfits: Bank of America, Citigroup,
Goldman Sachs, JPMorgan Chase, and Morgan Stanley.”
Well doesn’t that take the cake? Aren’t these the major
money-suckers of the previous bailouts? Yes, they are. “What’s more, those
firms hold 96 percent of the credit derivates.” Ninety-six percent! Well then,
get ready as the economy sinks like the Titanic II in the murky waters of
night, the thought of “forward movement” in this déjà vu economy an
impossibility. Even the lifeboats are leaking. The frightened are throwing
women and children overboard, the poor and the aged, the forgotten workers of a
generation, all those on the losing end of the debt bonanza.
But then, for those on the winning end, the stars are
shining on their Rolexes and the cash is blowing into their bonus accounts; the
high times are getting higher like old times. Yes sir, and that’s what’s great
about the old games and the new names or the new games with the old names. Yup,
that’s what’s great about America’s
Wall Streeters. They just don’t give up hustling and conning people 365 days a
year. So maybe it’s time we take the gamers down, even as that iceberg gleams
like a giant diamond sucking in the greedy with its seductive glow. Because if
we, the everyday people up from the lower decks, don’t grab the boats, the oars
and lifesavers, the fat cats will send us to the bottom with them one more
time, maybe this time for good.
Jerry Mazza is a freelance writer living in New York
City. Reach him at gvmaz@verizon.net. His new book, “State Of
Shock: Poems from 9/11 on” is available at
www.jerrymazza.com, Amazon or Barnesandnoble.com.