Tiburon Systemic Risk Presentation

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    I. What is Systemic Risk?

    Risk that impacts the entire financial sector and real economy through cascading,

    contagion and chain-reaction effects.

    Central Bank contracts liquidity

    Large private firm fails

    Natural disaster

    Terrorist attack

    Risks that individual firms cannot necessarily protect themselves against.

    The financial crisis of September, 2008 featured many examples of systemic risk,

    including bank runs and illiquidity of asset classes.

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    I. Causes of this Ongoing Financial Crisis Two Views

    The Market Did It

    Crisis was due to forces emanating from the market economy which the government did not control,either because it did not have the power to do so, or chose not to.

    The Systemic Risk was a market failure that can be dealt with via government actions.

    International market forces beyond governmental authority were at work.

    World savings abroad drove down interest rates, concurrently, mortgage rates.

    Failure of regulators to intervene in Lehmans failure.

    The Government Did It

    Crisis was due to forces emanating from the government.

    Government actions caused, prolonged and worsened the crisis. Limiting governmental power is

    essential to minimize Systemic Risk.

    Excessive monetary easing by the Fed.

    Low interest rates led to a housing boom.

    Fannie and Freddie exacerbated matters, supporting the mortgage backed market, purchasing more higher risk

    mortgages.

    Regulatory misperception that the seize up in the money markets was liquidity related, rather thancounterparty related.

    Points succinctly made by Professor John Taylor of Stanford, Jekyll Island speech May 12,2009

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    I. Causes Real House Prices vs 10 Year Treasuries

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    I. Causes - Fed Funds Rate Last US Recession to Present

    Source: Bloomberg

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    I. Our Conclusions What Low Interest Rates Wrought

    World

    Awash in

    Investment

    Capital

    Wall Street

    Challenged

    to Create

    Higher

    Yielding

    Investment

    Grade Paper

    Rating

    Agencies

    Provide

    Ratings on

    Untested

    Product

    Investors

    Buy with

    Decreasing

    Scrutiny

    History with auto-

    backed paper.

    Deluge of new

    ratings requests

    drives significant

    new revenues for

    ratings agencies.

    Rating agencys

    moral hazard.

    Wall Street

    responds to

    demand with over-

    collateralized asset

    backed securities.

    Single loan default

    histories suggest

    adequate coverage.

    Pervasive low

    interest rates

    continues cycle.

    Less and less

    scrutiny by all

    parties as demand

    escalates,

    underlying asset

    values increase.

    Incentives driveeach part of chain

    to work as

    aggressively as

    possible to book

    new business to

    meet demand.

    Low interests rates

    drive down yield on

    IG paper.

    Enormous demand

    for high grade

    investment assets.

    Why Was There No Attempt to Quell this Burgeoning Asset Bubble By Raising Rates?

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    I. Our Conclusions

    Market risks are not Systemic Risk.

    Mistakes in markets are made, corrections occur without systemic shock.

    Government actions, in part, converted market risks to systemic risk.

    Low interest rates forced global investors to reach for yield.

    The match that lit the fire.

    Wall Street innovation in asset-backed securities with implied AAA rating

    met the need.

    Low interest rates led to low cost mortgages, driving up home prices.

    Low delinquency and foreclosure rates comforted rating agencies,

    underwriters and investors.

    Demand for paper, low interest rates, skyrocketing home prices drove an

    extraordinary vicious cycle leading to declining standards and documentation.

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    II. Systemic Risks Markets Worry About

    Deficits and Growing Debt of the Federal Government Large percentage of GDP that is federal debt in excess of 40%?

    CBO projects debt will be 89% of GDP by 2019.

    No stimulus from this deficit.

    Is excessive tax or excessive inflation the solution?

    How can private enterprise compete for capital versus sovereigns crowding out effect.

    Feds Balance Sheet Questionable whether additional asset purchases will forestall inflation.

    Fed Market Interventions

    Fed intervention into operations of private business firms.

    Is it proper purview to intrude on employee compensation matters, priority of debt holders in restructurings, etc?

    AIG why bail out all creditors and allow equity to remain outstanding? Costs all borne by taxpayers.

    Bear Stearns, Fannie and Freddie - bondholders paid, GM , Lehman, Chrysler - bondholder impaired.

    Many actions reverse previous modus operandi and perhaps rule of law .

    Runs and Liquidity

    Runs can begin at troubled institutions but spread to healthy ones.

    Runs can be set off by otherwise healthy institutions counterparty exposure to an unhealthy one.

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    II. Systemic Risks Markets Worry About

    To Big to Fail Systematically Important Firms

    The knowledge or suspicion that a firm is too big to fail changes the behavior of a firm and its

    creditors because of moral hazard.

    Incentive to take more risks in an attempt to increase potential profits, since there will be less

    downside if those risks turn out badly.

    Leverage

    Cycle of leveraging up in good times and de-leveraging promptly, forcibly, in bad times, is exacerbates

    systemic risk.

    Payment, Settlement and Clearing Systems

    Derivatives and other over-the-counter contracts not processed promptly, nor represented with

    adequate paperwork support.

    Vulnerability to counter-party risk

    Limited transparency

    Asset Bubbles We argue low interest rates were the catalyst for the run up of assets post 2004. Policies that call

    for lower interest rates can cause another asset bubble. This is within regulators control.

    Tampering with rates seems to ultimately magnify the asset boom/bust cycle rather than moderate

    it.

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    III. Lessening Systemic Risk to Lower Probability of a Future Crisis

    Stop the Projected Systemically Risky Budget Deficits.

    Exit from the extraordinary monetary policy actions, and end the bailout mentality that

    is taking the federal government further and further into the operations of businessesand threatens the rule of law.

    Government Should Establish Clear and Consistent Rules.

    Stop changing them during the game, and enforce them. The rules do not have to be

    perfect, but the rule of law is essential.

    Cease the Bailout Mentality. It will be necessary to let some firms fail. One way to

    wean the system from bailout presumptions would be for the government to try tostop chain reactions by helping the innocent bystander rather by rescuing the one

    who gambled and lost. This is a principle that was used to end the bailout mentality

    of the IMF in 2003 and it helped stop the bout of emerging market crises that

    began in the 1990s.

    Specific, Delineated Regulator Responsibilities. Rather than form any additional

    regulatory bodies, insist that the current ones become articulate in financialinstruments, their use and their risks and share data with each other.

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    IV. Whats Wrong with Dodd-Frank Financial Legislation

    Overreaching . The bill adds regulations and rules about many activities that had little ornothing to do with the crisis.

    Consumer Financial Protection bureau to be housed at the Fed that is supposed toprotect consumers from fraud and other abusive financial practices. Yet it is notapparent that many consumers were victimized during the financial boom years.

    The bill gives the Fed authority to limit interchange or swipe fees that merchants payfor each debit-card transaction Why?

    Price controls are undesirable, and this is what the Fed should be attuned to?

    SEC authority to empower stockholders to run their own candidates for corporate

    boards of directors improves corporate governance?

    Expanded Authority of Regulators that Didnt Act Once Already.

    The Fed could have tightened the monetary base and interest rates as the crisis wasdeveloping, but chose not to do so.

    The SEC and various Federal Reserve banks-especially the New York Fed- had theauthority to stop questionable lending practices and increase liquidity requirements.

    Additional governmental discretionary power over banks, without clear rules for banks. Financial Stability Oversight Council, a nine-member panel drawn from the Fed, SEC, and other

    government agencies.

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    IV. Whats Wrong with Dodd-Frank Financial Legislation

    Banks Can Still Count Risky Assets as Capital. Insufficient capital relative to bank assets was

    an important cause of the financial crisis.

    Silent on Freddie and Fannie.

    In 2008 they held over half of all mortgages, and almost all the subprime mortgages.

    They have absorbed an even larger fraction of the relatively few mortgages written after

    2008.

    Potential Unintended Consequences. Many proposals in the bill will have highly uncertain

    impacts on the economy.

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