Did Concerns About Moral Hazard Dramatically Worsen the Global Financial Crisis?
The Role of Lender of Last Resort
While in the era of modern banking, most central banks have focused on targeting monetary policy aggregates or inflation or have followed a so-called Taylor rule, a more important function for central banks was recognized back in the 19th century. English financial writer Walter Bagehot wrote that the role of a central bank in times of a liquidity crisis is to act as a “lender of last resort”, freely lending at a penalty rate against good collateral. As we will see, this sage advice was ignored on several occasions by policy makers during the recent global financial crisis, dramatically worsening the outcome.
Moral Hazard
Until the early 1970’s, moral hazard was a little known concept in the arcane world of insurance underwriting. The concept was not new, having been developed as early as 1600. In the context of insurance, it refers to the tendency of insured parties to take excessive risk since they no longer bear the full consequences of their actions. Insurance companies have long worried about optimal contract design, adding such features as co-insurance and deductibles, to reduce the moral hazard issues in underwriting.
In the 1970’s, the economics of information was developed by prominent economists such as George Akerlof and Michael Spence. They worried about problems of asymmetric information, moral hazard and principal-agent conflicts. Over time, the economics of information became more and more influential in both the economics and finance literature. However, policy makers did not seem to concern themselves with it.
However, moral hazard was certainly a real issue. In the 1980’s, the expansion of deposit insurance in the US, from $40,000 per account to $100,000, led to S&L’s, and other thrift institutions, taking large risks in real estate development, and funding them by attracting deposits up to the new higher insurance limits. This substantially increased the ultimate S&L bailout through the Resolution Trust Corporation (RTC).
By 2007, moral hazard had slowly seeped its way into policymakers consciousness. Some worried that IMF bailouts of developing countries created incentives for these countries to take excessive risk with their finances knowing that the IMF would backstop them in a liquidity crisis. (This despite the fact that the IMF was likely going to demand draconian measures by the bailed-out country). Similarly, central bankers and finance ministers worried that “rewarding” financial institutions and their stakeholders that got into financial difficulties would lead to excessive risk-taking in the future.
The Northern Rock: The Bank of England’s Debacle
As the subprime debacle worsened, in early August of 2007, BNP Paribas announced that it was suspending redemptions on two funds that invested in structured products, as it was no longer able to accurately assess their NAVs. This led to a large scale withdrawal of liquidity in the interbank lending market, with the LIBOR-OIS spread spiking upwards. Over the next month, Northern Rock, a thrift institution which relied, for about a quarter of its funding, on wholesale funding markets came under increasing strains. However, the Bank of England was unwilling to help finance a takeover by another UK institution due to concern about moral hazard. At the end of the day, however, after the first retail bank run in the UK in 150 years, the Bank of England and the UK Treasury, in fact, did intervene to protect retail depositors and lent Northern Rock money. In fact, Northern Rock had no subprime mortgages or toxic assets. It had made prime loans on UK real estate, and at the time, UK real estate values were relatively stable.
The end result of the Bank of England’s qualms about about moral hazard were to reduce the bank’s credibility. Their stance about not bailing out financial institutions was shown to suffer from time inconsistency, in that if a large institution did fail, they would not be able to stand aside and allow it to go into liquidation. Not only did their credibility suffer but so did the British taxpayer. What could earlier have been a sale of an ongoing business to a high street bank, with some discrete assistance by the Bank of England, instead became a bank rescue and full-scale nationalization.
Bear Stearns: The Fed and Treasury Engineer a Takeover
In March of 2008, a delay accepting Bear as a counterparty until the next morning, on a swap with Goldman Sachs by a hedge fund, was interpreted on the Street as a loss of confidence by Goldman in Bear as a counterparty. Hedge funds supplied significant credit to Bear through Bear’s prime brokerage business, one of the larger prime brokerages on the Street. When word got out that Goldman was no longer accepting Bear as a counterparty, hedge funds began pulling funds. Within days, Bear was forced to turn to the Fed for funding. While Bear was a primary dealer, meaning that it could participate in the Fed’s open market repos, it could not access the discount window like a commercial bank. Hence it had no lender of last resort. However, the Fed utilized a little known provision of the Federal Reserve Act for the first time since the 1930’s to provide funds to Bear in return for good collateral for a few days. This was the Fed acting as a lender of last resort. However, this was for just two days, not as a long-term affair. Over the weekend, the Fed and Treasury engineered a takeover of Bear by JP Morgan by agreeing to guarantee a $30 billion portfolio of structured assets against losses in excess of $1 billion. Had Bear not agreed to the punitive takeover, it was going to have to declare bankruptcy on Sunday night as the Fed was unwilling to roll over its collateralized lending. In order to reduce moral hazard, the government decided that Bear shareholders (which included a large representation from management and employees) should be punished. They forced Bear management to accept a price of just $2 per share even though Bear stock had stop trading around $30 per share on Friday evening. The Fed then immediately created a new program to lend against collateral to non-bank primary dealers. However, this was too late for Bear. Had this program been in place before Bear agreed to the takeover, it is certainly possible that Bear could have survived by posting collateral at the Fed.
Even more bizarrely in the case of Bear, Bear shareholders demanded a better deal. The Treasury and Fed were fiercely opposed to this, and tried to prevent JP Morgan from raising its offer, yet Bear shareholders were able to extract $10 per share from JP Morgan, indicating that the government’s price was far too low. Just as strangely, Bear preferred equity and debt holders were left whole. Indeed, Bear debt rallied since it would now be assumed by the much safer JP Morgan. Did this send the right message to the market? Or did the market draw the conclusion that while equity holders would be decimated, debt holders and preferred equity holders would take no loss and large institutions would not be allowed to fail?
Indeed, ever since the bankruptcy of Franklin National Bank in1974, senior debt holders at US banks had, in practice, been protected even though a bank was declared insolvent by the FDIC. Since Bear was a broker-dealer, it seemed that this protection was being extended to broker-dealers as well.
Fannie and Freddie are Seized
As the crisis wore on, we witnessed the saga of Freddie Mac and Fannie Mae. Both institutions were at once, private entities with a private profit motive, but at the same time, a Congressionally chartered institutions with a responsibility to finance residential mortgages. Both institutions operated with an implicit guarantee of the Federal government behind them. Such a guarantee was a perfect example of the kind of thing that could lead to moral hazard. Indeed, the incoming Bush administration recognized this and tried to reign both in, but they had powerful lobbyists and influential backers in Congress, notably Barnie Frank. The two mortgage agencies used this backing to run a business that was a like a highly leveraged bank all the time paying lucrative dividends to their shareholders.
By 2008, Fannie and Freddie were already insolvent based on standard generally accepted accouting principles (GAAP) accounting. However, they operated under a different set of regulatory accounting rules (RAP). They were still far from their insolvency floor, but approaching it when, in the summer of 2008, Henry Paulson, the Secretary of the Treasury, announced a government back-up line of credit essentially making explicit what had long been assumed by the market. However, a few months hence, in early September, the Treasury abruptly forced the boards of both Freddie and Fannie to agree to a government receivership. The Treasury claimed that both were in much worse shape than had been previously revealed. At the time, the government also provided a backup that essentially rendered not only the common equity but also the preferred stock worthless despite the fact the both Fannie and Freddie were still far from insolvent based on RAP accounting. Moreover, regulators had encouraged various banks, around the country, to buy preferred stock in Fannie and Freddie. They were counseled that it was a safe place to invest capital. Some of these banks were severely affected by the government takeover of Fannie and Freddie.
The decision to, in effect, wipe out, not only the common equity holders, but the preferred equity holders as well, was done with the idea of moral hazard in mind. However, the message to investors was loud and clear. If the Treasury was hell-bent on wiping out preferred equity holders of a government charted institution, investors certainly could no longer expect protection at a purely private institution. This hit to preferred holders closed off to the banks, including Lehman Brothers, the possibility of raising additional Tier I capital by issuing preferred stock.
Lehman Bankruptcy: A Failure of Leadership or A Mis-Placed Concern over Moral Hazard?
A week later, Lehman was forced into emergency negotiations for funding. Once again, just as the Bank of England, a year earlier, had refused to help fund the takeover of Northern Rock, the Fed and Treasury inexplicably refused to assist in facilitating any suitor taking over Lehman. Rather than act as a lender of last resort to prevent bankruptcy and a fire-sale, the Fed, in conjunction with Treasury, took a hard line. During tense negotiations over a weekend, Barclays and Bank of America who had both been circling decided to pass. Lehman was allowed to file for bankruptcy. Lehman’s bankruptcy caused illiquid Lehman debt holdings to be dumped onto the market causing an additional downward spiral in prices. A CDS auction to price the recovery on senior debt indicated that such debt was valued at just 9 cents on the dollar. A global plunge in equity markets, world trade, business investment and consumer confidence ensued. Trillions of dollars of productive output were lost in order that Hank Paulson take a principled stand against his old competitor on the basis of moral hazard.
Senior debt holders, who would have come out whole in the case of a takeover, instead, faced a very low recovery on assets. Senior debt holders in other financial institutions would now have to worry that their holdings were not safe. Within two days, as a result of the Lehman bankruptcy, AIG found itself with numerous large collateral calls on credit default swap (CDS) protection. The Fed and Treasury saw AIG as an institution that was too big to fail (and one that owed Hank Paulson’s former employer Goldman Sachs lots of money) and provided emergency funding in return for a very high percentage of the equity.
So we have seen 3 important ocassions where policy makers, in their new found obsession with moral hazard, failed to act as lender of last resort and compounded the crisis. The ultimate cost on all three ocassions was far higher than the steps necessary to keep these companies afloat. As Lehman showed, large inter-connected financial institutions really are too big to fail. In the case of Lehman, the disruption to financial markets was so high as to send the global economy into a tailspin.
Large Financial Institution Regulation and Moral Hazard
After the Lehman debacle, central banks, no matter what they say, will be forced to intervene if they think a large financial institution might fail. Their threats to not support it will be deemed as not credible. So how should central banks deal with the problem of too big to fail? One way is to force the breakup of large financial institutions into smaller organizations. This might help somewhat. These institutions can be wound down by the FDIC with relatively little disruption to the markets. However, they may not have the scale to compete with the remaining large foreign banks. The other way forward is through better prudential regulation of banks. Large institutions that are deemed too big to fail should be heavily regulated to prevent their taking advantage of this status. Such proactive regulation will largely eliminate the moral hazard that policy makers have worried so much about without hobbling their ability to act in a crisis.