Taking predatory lending to a whole new level

    Excerpted from report by Gillian Tett of The Financial Times:

    As the financial crisis virus has swept around the globe in recent months, Kazakhstan's banking sector has been engulfed in turmoil. This is not just creating a headache for the Kazakh government and Western creditors, but also highlighting issues about the credit derivatives market that extend well beyond those far-flung steppes.

    Take the case of Morgan Stanley's dealings with BTA, Kazakhstan's largest bank. A few years ago, BTA - like many of its Eastern brethren - was an up-and-coming darling of the capital markets world, with investment bankers furiously competing to float its bonds, provide loans, and much else.

    But earlier this year, when funding dried up for Kazakh banks, BTA fell under the control of the government. Initially BTA wanted to keep servicing its loans, and its creditors, such as Morgan Stanley, appeared happy to play along.

    But last week Morgan Stanley and another bank suddenly demanded repayment. BTA was unable to comply, and thus tipped into partial default. That sparked fury among some other creditors, and shocked some Kazakhs, who wondered why Morgan Stanley would have taken an action that seemed likely to create losses.

    One clue to the US bank's motives, though, can be seen on the official website of the International Swaps and Derivatives Association. One page reveals that just after calling in the loan, Morgan Stanley also asked ISDA to start formal proceedings to settle credit default swaps contracts written on BTA.

    For it transpires that while the US bank has a loan to BTA it also has a big CDS position on BTA, that pays out if - and only if - the Kazakh bank goes into default. Indeed, some of Morgan Stanley's rivals suspect that notwithstanding its loan, Morgan Stanley is actually net short the Kazakh bank.

    As a result speculation is rife that Morgan might have deliberately provoked the default of BTA to profit on its CDS, since a default makes the US bank a net winner, not a loser as logic might suggest.

    Morgan Stanley, for its part, refuses to comment on this speculation (although its officials note that the bank does not generally take active "short" positions in its clients.) And I personally have no way of knowing whether Morgan is short or long, since Morgan refuses to disclose details of its CDS holding.

    What is crystal clear is that somebody has been placing big bets on whether or not the banking equivalent of Borat will blow up.

     

    There is more so please read the whole report.  Also, Willem Buiter comments on some wider implications  of the "nasty case of moral hazard" created when CDSs can be written without any insurable interest and provides a bit of information on the attempts of foreign  creditors to get the Kazakh  government to guarantee their unsecured loans with oil and gas revenues.

    Open questions are who is on the hook for those CDS that Morgan wants settled and whether or not BAT is free of the defaulted debt or just has a new creditor -- maybe US through AIG.  What are the foreign policy implications of that?

     

     

    Comments

    And people wonder why I'm so cynical. Thanks for this heads up Emma. And is this all a machination to control the flow of oil? Inquiring minds and all.


    Great to see that this whole thing has been cleaned up, re-regulated, and is now operating on the full up and up, eh? Whatever the details on this particular case, the articles' wider discussions of how the banks are operating shows them in their true, repulsive, glory.

    The next Borat should be about the bankers, not the Kazakhs.


    Why is Miguelito so cynical, I wonder?


    I just caught your post, Emma. Thanks for it. Great to "see" you.


    "As a result speculation is rife that Morgan might have deliberately provoked the default of BTA to profit on its CDS, since a default makes the US bank a net winner, not a loser as logic might suggest."

    Yes, such things make a line between using the system properly vs. gaming the system (rent-seeking) next to impossible to draw. Some have speculated a similar situation obtains re GM and Chrysler, as well as other areas of US "finance".

    Some such contracts are nothing more than gambling debts and should be voided before any government money helps pay them off.


    It's all these Canadiens and their persistent love of all things baconesque.


    Kind of like campaign financing, smart people always think up ways to game systems. While laws and enforcement are necessary, they are often not sufficient.

    Let's keep up the ridicule and publicity. I find myself thinking about pillories and stocks.


    Thanks, Carol. I've been around, mostly just lurking. Usually anything I have to say is already being said better by others here at the Cafe. This story was just so jaw dropping that I felt compelled to share it.


    Some such contracts are nothing more than gambling debts and should be voided before any government money helps pay them off.

    Yes, casinoism has replaced capitalism.

    What I don't understand is why writers of CDS have not done what any sane insurer would have done by now -- simply return prorated premiums and cancel the contracts/policies. It is not like insurers have never been known to do that.


    Agreed. Regulations will have little affect on people who are so determined to circumvent them.

    Unfortunately, I don't think ridicule and publicity will have much affect on the worst of the lot either. They are are too vain, too removed from the rest of us. Like Marie Antoinette, they simply do not understand why we are so upset.


    What a world we live in! Thanks, Emma.


    Quin, be careful, please, when you use the expression "eh" around Yankees. A few years ago some friends and I were catching an Air America flight (Scare America). One friend's ticket was for seat 7C, an isle seat, but he wanted a window. His conversation with the female ticket agent went like this:

    Friend: " My ticket says 7C, is that an aisle ?"

    Agent " eh "

    Friend " No, it says seat C. "

    (by now the Agent has caught on, and her Canadian humor has kicked in"

    Agent "eh"

    My friend then handed her the ticket and asked "isn't this an aisle seat, it says 7C? "

    Agent She handed it back and said "eh"

    Well, it went on like that for quite awhile, other friends behind us were giggling, and some one asked who was on first. The agent never cracked a smile, but eventually gave him the window seat.


    Canadians at their cruellest.... ;-)


    Met a young hedge fund manager the other night. He looked about 20, but probably was 28. His cousin proudly introduced him and said, "He gets 8%." Unfortunately, I wasn't in a mood to put on my "interested good natured friend" persona on.
    So I said, "Why do we need hedge funds? People like Joe Stiglitz says we don't need them. We can make due with venture capitalists for funding new businesses."
    He said, "Oh, we determine what is a good company and bad. You need us."
    I said, "I think I'll go with Joe Stiglitz".
    He rolled his eyes.
    I said, " Oh, so you think you are smarter than Stiglitz?"
    "Yes," he said.
    "Gotta run," I said.
    Footnote: Since my friend is the granddaughter of the head of Morgan Guaranty Trust, I'm guessing her young cousin didn't work his way up from the mail room.


    Good story.

    I would guess the young cousin does not even know where the mail room is located and maybe not even what it is.


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