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European Tribune - Comments - Sigh... the biggest problem is not (toxic) bank assets
one that acknowledges that the issue is liabilities rather than assets, and that focuses on the fact that a lot of these liabilities are wholy unrelated to any economic or financial activity, and are contingent rather than actual - ie nobody loses anything if they are cancelled. If a 100:1 bet you made is cancelled, your actual loss is not 100, it is 1 - something that could be paid back to you.

I agree with you that by (say) making the CDS voidable - so that the premium may be refunded  and the contingent liability may be extinguished if there is no insurable interest - is a cool idea.

This would limit the leverage, and hence further systemic damage, but it doesn't actually limit the existing - increasingly unsustainable - liabilities which at least some of the CDS legitimately insured.

Index Fund Educator Home Page

An out-of-town visitor was being shown the wonders of the New York financial district. When the party arrived at the Battery, one of the guides indicated some handsome ships riding at anchor. He said,

"Look, those are the bankers' and brokers' yachts".

The naive customer asked:

"Where are the customers' yachts?"

The customers still don't have the yachts do they? The mechanisms you list only addresses the symptoms of the Anglo Disease which gave the bankers and brokers the yachts.

First, people have to become more creditworthy, and that can only be achieved through a fiscal mechanism. And redistributing taxes on income will not be enough, since it leaves wealth untaxed.

I advocate Systemic Fiscal Reform, by taxing Privilege not People. We may achieve this by shifting taxes away from earned income and onto the unearned gains and income and arising from privileges such as limited liability, and exclusive property rights over Commons.

Second, we must make the credit worthy of the people.

I advocate "Open" Credit - ie undated redeemable credits - issued directly Peer to Peer by producers of money's worth or value.

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Mon Mar 23rd, 2009 at 03:33:14 PM EST
You know, that naive customer sounds uncannily like Bertolt brecht

"Who built seven-doored Thebes?
In the books are the names of kings.
Did the kings haul the rocks?
And Babylon, many times destroyed-
who built it up these many times?  In which houses
of golden-gleaming Lima did the construction
workers live?

In the evening,
when the Chinese wall was finished,
where did the masons go?
The great Rome is full of triumphal arches.
Who erected them?  
Who did the caesars triumph over?

Did the many-sung Byzantium
have only palaces for its inhabitants?
Even in legendary Atlantis,
the night the sea vanquished it,
did the drowning cry for their slaves.

The young Alexander conquered India.
He alone?
Caesar defeated the gauls.
Didn't he have at least a cook with him?
Philip of Spain cried after his fleet had sunk.
Did no one else cry?

Frederick the Second was victorious in the Seven Year war.
Who won besides him?
Every page a victory.
Who cooked the victory feast?
Every ten years a great man.
Who paid his expenses?

So many reports.
So many questions."

"Schiller sprach zu Goethe, Steck in dem Arsch die Flöte! Goethe sagte zu Schiller, Mein Arsch ist kein Triller!"

by Jeffersonian Democrat (rzg6f@virginia.edu) on Mon Mar 23rd, 2009 at 07:15:49 PM EST
[ Parent ]
How can allowing default insurance to be purchased by those with no insurable interest be anything but regulatory dereliction of duty?  How can purchasing or allowing default insurance to be purchased for multiple amounts of the potential default conceivably be justified, other than as a means of facilitating fraud?

Given that these products were and are largely to totally unregulated, why should we not expect that there are examples of multiple CDSs on a given default exposure, in some cases by the same institution?  Given the lack of appetite for prosecuting very wealthy individuals, why should there not be cases that have deliberately been set up to fail and then multiply insured?  

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Mar 24th, 2009 at 10:09:30 PM EST
[ Parent ]
If I insure my car more than once, and its insurance needs to pay out, it only pays out once, the other cliams are void, and if it turns out i've done something to bring about the claim, then I get arrested for fraud. How come it dosn't work the same way with Finance houses?

Any idiot can face a crisis - it's day to day living that wears you out.
by ceebs (ceebs (at) eurotrib (dot) com) on Tue Mar 24th, 2009 at 10:29:57 PM EST
[ Parent ]
Good question.  Have you heard of any such prosecutions? Do you have any confidence that lack of such prosecutions is evidence of lack of fraud?

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Mar 24th, 2009 at 11:44:10 PM EST
[ Parent ]
not since Nick Leeson and no

 according to the Financial Ombudsman

The essential components of fraud are intent to deceive and desire to induce the firm to pay more than it otherwise would. Establishing these points can require an analysis of the claimant's motives.

Unless you wish to ad,it it's all just a big casino I think it fits.

Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Wed Mar 25th, 2009 at 08:41:17 AM EST
[ Parent ]
Is Financial Ombudsman describing UK or USA law or is there a difference on this?  It would seem reasonable to revise the law to make fraud prosecutions less dependent on demonstrating intent, or perhaps create a different legal category in both criminal and civil law not dependent on proving intent.  But then the politicians have another term for those we would call fraudsters: contributors.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Mar 25th, 2009 at 11:13:23 AM EST
[ Parent ]
It's UK law in describing Insurance Fraud, but I would think that the definition and rules would pass fairly openly between the two.

Any idiot can face a crisis - it's day to day living that wears you out.
by ceebs (ceebs (at) eurotrib (dot) com) on Wed Mar 25th, 2009 at 11:15:01 AM EST
[ Parent ]
Credit default swap - Wikipedia, the free encyclopedia

CDS contracts have been compared with insurance, because the buyer pays a premium and, in return, receives a sum of money if one of the specified events occur. However, there are a number of differences between CDS and insurance, for example:

CDS were deliberately set up as "not insurance" so they wouldn't need to be regulated and they wouldn't be subject to capital requirements (i.e., no need to have enough capital to pay out, unlike regular insurance).

Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith
by Migeru (migeru at eurotrib dot com) on Mon Mar 30th, 2009 at 05:41:23 AM EST
[ Parent ]

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