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Source: New Left Review
By Robert Blackburn
Few foresaw the 1967 war and none guessed that it would
create a profound upheaval across the Middle East. The defeat of
Egypt’s Nasser and of Arab nationalism led to the emergence of
political Islam and encouraged Palestinian resistance.
Henry Laurens is a Professor at the Collège de France. His
works include La Question de Palestine, vols 1 and 2 (Fayard,
Paris, 2001 and 2002)
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Financialization now runs the gamut from
corporate strategy to personal finance. It permeates
everyday life, with more products that arise from the
increasing commodification of the life course, such as
student debt or personal pensions, as well as with the
marketing of credit cards or the arrangement of mortgages.
The individual is encouraged to think of himself or herself
as a two-legged cost and profit centre, with financial
concerns anxious to help them manage their income and
outgoings, their debts and credit, by supplying their
services and selling them their products. What is termed a
financial product reflects not just what Slavoj Žižek,
following Kojin Karatani, calls the
[1] Finance also
necessarily considers the temporal dimension. The entrepreneur who commits
capital to a project is looking for a return tomorrow, and the market will
not know whether they have achieved alpha, that is outperformance, until all
the returns have been counted up. Exploitation is longitudinal. It takes
time.
Financialization can most simply be
defined as the growing and systemic power of finance and
financial engineering. As such it is not an entirely novel
phenomenon. But no account of contemporary capitalist
development can ignore the scale of the financial sector’s
recent expansion. As a percentage of total
usn ignor
corporate profits, financial-sector profits rose from 14 per cent in 1981 to
39 per cent in 2001. [2] As well as
profits earned by banks, hedge funds, private equity concerns, fund managers
and insurance houses, many large companies also organize finance divisions
which make a large contribution to group profits. It is the growing exposure
of all institutions and arrangements to the opportunities of
financialization, as well as to the more familiar pressures of
globalization, which has made the distribution of power within corporations
and financial networks so fluctuating and unpredictable in recent decades.
As Gérard Duménil and Dominique Lévy have analysed in these pages,
financialized techniques have lent themselves to an extraordinary enrichment
of financial intermediaries and of the corporate elite. The granting of
stock options to top executives gave them a direct incentive to use loans to
ramp up share price, by taking out bank loans and then using most of the
proceeds to buy back shares. [3] Given
their own remuneration levels, the finance houses were scarcely in a
position to use their clout to rein in executive greed. The financial elite
and the corporate elite need one another and financialized techniques have
helped to cement the pact between them. [4]
In an important exchange, Giovanni nni nni Arrighi and Robert
Pollin agreed that the most fundamental question concerning financial
expansion is ‘where do the profits come from if not from the production and
exchange of commodities?’ [5] The three
possibilities they focused on were, firstly, where some capitalists were
profiting at the expense of others; secondly, where capitalists as a whole
are able to force a redistribution in their favour; and, thirdly, where
transactions had allowed capitalists to shift their resources from less to
more profitable fields. However, we should also take into account two
dimensions internal to finance itself: firstly, the cost of generating
finance functions and products; and secondly, efficiency gains in
anticipating risk. The financial revolution of the last two decades has
registered large potential gains in dealing with risk; but most of this gain
has been swallowed by the rising costs of financial intermediation, made
possible by monopoly and asymmetric information resources, and generated by
escalating marketing and trading expenditures as well as extravagant
remuneration.
In what follows I will examine aspects of this gain has been swallowed
by the rising costs of financial intermediation, made
possible by monopoly and asymmetric information resources,
and generated by escalating marketing and trading
expenditures as well as extravagant remuneration.
In what follows I will examine aspects of
financialization at the level of the corporation, and
explore some of the fourth-dimensional operations of hedge
funds, private equity, investment banks and pension funds,
as well as some of the shadier aspects of financial
practice, citing examples of profits which answer to one or
another of the sources of financial gain and loss mentioned
above. In some respects, these practices extend the realm of
what I have called ‘grey capitalism’, in which relations of
ownership and responsibility become weakened or blurred. We
will also see that financialization creates a swathe of new
services and ‘products’ for both corporations and
individuals, which are bought because they allow the
purchaser to make a future gain, stemming from
outperformance, wise custodianship or superior risk
abatement. Temporality is once again central here. The
characteristic instruments of financialization are
derivatives which are bound to wax or wane in exact
relationship to an underlying asset or liability, futures
contracts, or options (rights to buy or sell at some future
date at a specified price). From the individual’s point of
view the financial product—an annuity, a pension, a mortgage
or an insurance contract—also ties curr equities.
[6] The profits of investment banks arise not simply from their
traditional underwriting and brokerage, from m&as
(mergers and acquisitions) and iposuities.
[6] The profits of investment banks arise not simply
from their traditional underwriting and brokerage, from
m&as (mergers and
acquisitions) and ipos
(initial public offerings), but increasingly from
proprietary trading and risk arbitrage; namely, from
positioning themselves and their clients in relationship to
the wider impact of a merger or some other major event. The
investment banks have great skill, a strategic location in
information networks and massive computing power. They can
adopt positions that enable them to gain from changes in
relative prices whether or not a deal goes ahead. Once they
know the lie of the land, they can devise a hedge for their
client and also commit their own resources. As the
Economist report pointedly enquires:
Would General Motors be better off if Goldman had
merely sought out a buyer for the property arm of its
financing operation, instead of itself joining the
buyout group, as it recently did? The bank cites
numerous times when it advised on a deal and then
provided a hedge of some sort that immunized the buyer
from risk. Goldman’s profit from the hedge (which is
often the most lucrative part of the deal) is
irrelevant, except that it means that Goldman as an
adviser was not looking out only for the client. Is this
bad? It is a matter of judgement. In terms of its
investment banking Goldman now finds itself on so many
sides of a deal simultaneously that the mind boggles.
The disposable corporation
Finance has a double impact on
corporations: on the one hand constraining their investment
strategies, on the other helping them to find customers and
realize profits. They are not quite the free agents
sometimes portrayed by their critics. The latter often focus
on the exorbitant powers of corporations in relation to
communities, regulators, consumers and their own workforce.
Naomi Klein’s No Logo furnished a vivid and
compelling account of the corporate ‘brand bullies’, while
Joel Bakan’s often trenchant book (and film) The
Corporation stressed the legal privileges and immunities
of public limited companies. It is not difficult to see how
giant retail chains shape patterns of production and
consumpCorporate credit-worthiness is determined by banks and
ratings agencies. In its turn this establishes the cost of corporations’
capital. They may be able to finance all the investments they wish to
undertake from their own resources, but this will not mean that they are
free from the pressures of financialization. In drawing up their investment
plans, they will have to show that these will achieve the benchmark or
‘hurdle’ rates of return established by the financial sector.
[7] Even the largest corporations have to submit to the inspections and
interrogations of the ratings agencies—Standard and Poor’s, Moody’s and
Fitch Ratings—if they wish to reassure investors and ensure cheap access to
capital. Making a good profit is no longer enough; a triple A rating is also
needed. [8] Theoretically, the value of
a share has nothing to do with present or past profits, but exclusively
relates to the prospects of future profit.
From the standpoint of the ‘pure’
investor, the corporation itself is an accidental bundle of
liabilities and assets that is there to be rearranged to
maximize shareholder value, which in turn reflects back the
fickle enthusiasms of other investors. The corporation and
its workforce are, in principle, disposable. The famous
companies of the 1970s, let alone the 1950s, have, with a
few exceptions, disappeared or become shadows of their
former selves.ome shadows of their
former selves. [9] In
the 1980s hundreds of thousands, if not millions, of employees discovered
their expendability; in the ‘downsizing’ of the early 1990s swathes of
middle and upper management found that they, too, were surplus to
requirements. In the years 2001–03 about three million jobs were lost in the
United States. By the turn of the century Enron’s managers had become famous
for a regime in which each employee knew that one tenth of the staff, those
who failed to reach trading targets, would be sacked each year, no matter
how good or bad the overall performance. Many of the most powerful
corporations today do their best to avoid having a workforce; instead they
out-source and sub-contract.
One of the impulses to 00000')" onmouseout="nd();" href="http://www.newleftreview.org/A2616#_edn9">
[9] In the 1980s hundreds of thousands, if not millions,
of employees discovered their expendability; in the
‘downsizing’ of the early 1990s swathes of middle and upper
management found that they, too, were surplus to
requirements. In the years 2001–03 about three million jobs
were lost in the United States. By the turn of the century
Enron’s managers had become famous for a regime in which
each employee knew that one tenth of the staff, those who
failed to reach trading targets, would be sacked each year,
no matter how good or bad the overall performance. Many of
the most powerful corporations today do their best to avoid
having a workforce; instead they out-source and
sub-contract.
One of the impulses to financialization
is that companies which have difficulty selling goods find
that it can be easier if they offer finance too, from the
humblest consumer credit network to complex deals where a
company sells its product to a subsidiary, which then leases
it to the customer. Not infrequently the transaction passes
through a tax haven or involves the shedding of a tax
obligation (e.g. because interest payments are free of tax).
ge Capital has long helped
the company’s customers to acquire its aero-engine would be valued at $11 billion or more,
and that it could retain a major holding even while selling a 51 per cent
stake. [10]
During the same period, it was striking
to see the eagerness with which gigantic financial concerns
like Citigroup and ssure to sell their profitable
leasing divisions as a way of raising badly needed
resources. In 2004 the General Motors Acceptance Corporation
(gmac) division earned $2.9
billion, contributing about 80 per cent of
gm total income.
gm hoped that
gmac would be valued at $11
billion or more, and that it could retain a major holding
even while selling a 51 per cent stake.
[10]
During the same period, it was striking
to see the eagerness with which gigantic financial concerns
like Citigroup and hsbc
sought to acquire consumer finance operations and even
‘sub-prime’ lenders (loan sharks), which they would
With direct access to sub-prime mortgages, the banks and
hedge funds could thus bundle together and divide up the debt into ten
tranches, each of which represents a claim over the underlying securities
but with the lowest tranche representing the first tenth to default, the
next tranche the second poorest-paying, and so on up to the top tenth.
Borrowers who can only negotiate a sub-prime mortgage have either poor
collateral or poor income prospects, or both, and so are required to pay
over the odds. Of course the bottom tranche—designated the equity—has very
weak prospects but can still be sold cheaply to someone as a bargain. The
top tranches, and even many of the medium ones, will be far more secure yet
will pay a good return. (Here, in contradistinction to Arrighi and Pollin’s
categories, we have an instance of financial profits generated by a function
internal to finance itself.) As the chief executive of a mortgage broker
explains: ‘Sub-prime mortgages are the ideal sector for the investment
banks, as their wider margins provide a strong protected cash-flow, and the
risk history has been favourable. If the investment bank packages the
securities bonds for sale, including the deeply subordinated risk tranches,
it can, in effect, lock in a guaranteed return with little or no capital
exposure.’ [11] For such reasons
Morgan Stanley purchased Advantage Home Loans, Merrill Lynch bought
Mortgages plc equity—has very weak prospects but can still be sold cheaply
to someone as a bargain. The top tranches, and even many of
the medium–Amro have developed
an interest in micro-credit in Africa, which links them to the world of
sub-prime lenders: financial techniques allow them to reap exceptional rates
of return from repackaging the debts of the very poor.
[12] While Western governments boast of forgiving African debt, Western
banks get their hooks into loans to the poor.
Helped by the practices of " href="http://www.newleftreview.org/A2616#_edn11">
[11] For such reasons Morgan Stanley purchased Advantage
Home Loans, Merrill Lynch bought Mortgages
plc and Lehman Brothers
acquired Southern Pacific Mortgages and Preferred Mortgages.
European banks’ like abm–Amro
have developed an interest in micro-credit in Africa, which
links them to the world of sub-prime lenders: financial
techniques allow them to reap exceptional rates of return
from repackaging the debts of the very poor.
[12] While Western governments boast of forgiving
African debt, Weste mutual funds of all types).
The hedge funds started out as the preserve of the really wealthy investor,
although eventually several pension funds gave them a small slither of their
holdings. In the bear market of 2000–02 the hedge funds often made positive
returns when most conventional funds, especially index funds, made heavy
losses. The hedge funds practised ‘shorting’—borrowing a stock in the
anticipation that its price would fall and then selling it. Institutional
investors, who loaned stock that loomed large in their portfolios, were
often on the wrong end of these trades. The conventional funds, whether
actively managed or index-linked, were ‘long only’, which is to say that
they bought and sold stocks but did not short them. The hedge funds also
offer and employ ‘derivatives’, investment products like options that allow
the purchaser to place a bet on the movement of sections of the market.
Spotting price discrepancies, hedge funds made money by arbitrage, rapid
trading and the use of credit derivatives, which would repackage corporate
debt. Investment banks and the treasury departments of large corporations
also engage in large-scale hedging of currency and interest rates, but hedge
funds have the greatest latitude. [13]
Banks and mutual funds are lightly
regulated, but the hedge funds do not have to reveal their
holdings at all, and effectively escape all regulation. [14] They
charge fees that are often 2 per cent of the money invested plus 20 per cent
of the annual rise in capital value. Their charging structure usually allows
them to make a lot of money when they do well but not to forfeit these gains
if the returns then collapse. The hedge funds do have higher costs than
other fund managers because of heavy trading, but claim that this will
enable them to outperform the market and to generate positive returns during
a downturn. Many have performed very well for particular clients,
encouraging pension-fund managers to take a lively interest in them—an
interest generally encouraged by regulators and consultants on both sides of
the Atlantic.
While hedge funds may deliver the
consistent, double-digit returns that justify their fees for
special clients, can they pull off the same trick for the
entire class of pension funds, given that the latter
constitute such a large component of the market? A shorting
operation can deliver excellent results to its practitioner,
but it does not directly benefit all investors, unlike a
rising market.
[15] The pension funds that invest in hedge funds usually do so by
purchasing a ‘fund of funds’ vehicle, yet in doing so lose the edge which
the best hedge-fund managers will be able to offer. A diversified stake in
the sector may offer a little more security but also lowers the return,
since it will include poor performers and perhaps even those that go bust.
Between 1998 and 2003, 1,800 hedge funds closed their doors—yet most
statistics on the performance of the sector will display ‘survivor bias’, by
failing to include their losses. [16]
Because of their modus operandi the hedge
funds were to have a starring role in the mutual funds
scandals, some of which I describe below. During the 1990s,
the large finance houses that sponsor mutual funds—Bank of
America, Putnam, Morgan Stanley and others—discovered that
they could earn extra fees from hyperactive traders, on top
of the good fees they were already earning from the mass of
their investors. They granted hedge funds privileges not
extended to other investors, including providing credit to
enable them to take advantage of their clients’ funds: this
way the finance house can charge interest as well as earning
a transaction fee. Furthermore, trades do not have to be in
already existing shares. If new issues are imminent, then
hedge funds and other punters can purchase call and put
options on the not-yet-existing shares in what is termed,
appropriately enough, the ‘grey market’. Shorting shares in
the grey market can lead to extraordinary complications and
the embarrassment of ‘naked shorts’, where the short-seller
is discovered to have no stock, whether borrowed or not.here the short-seller
is discovered to have no stock, whether borrowed or not. [17] Another
problematic issue is where hedge funds use the voting power of borrowed
stock to endorse take-over bids, especially where shareholders in the target
stand to lose, but the hedge fund will gain because of other positions it
has taken on the outcome of the bid.
Arbitraged to other investors, including providing credit to
enable them to take advantage of their clients’ funds: this
way the finance house can charge interest as well as earning
a transaction fee. Furthermore, trades do not have to be in
already existing shares. If new issues are imminent, then
hedge funds and other punters can purchase call and put
optionArbitrage hinges on the possibility of interpreting securities in
multiple ways . . . In contrast to value investors who distil the
bundled attributes of a company to a single number, arbitrageurs reject
exposure to a whole company. But in contrast to corporate raiders, who
buy companies for the purpose of breaking them up to sell as separate
properties, the work of the arbitrage trader is yet more radically
deconstructionist . . . For example they do not see Boeing Co. as a
monolithic asset or property but as having several properties (traits,
qualities) such as being a technology stock, a consumer-travel stock, an
American stock, a stock that is included in a given index, and so on.
Ever more abstractionist, they attempt to isolate such qualities as the
volatility of a security, or its liquidity, its convertibility, its
indexability and so on. Thus whereas corporate raiders break up parts of
a company, modern arbitrageurs carve up abstract qualities of a security
. . . Their strategy is to use the tools of financial engineering to
shape a trade such that exposure is limited to those equivalency
principles in which the trader has confidence. Derivatives, such as
swaps, options and other financial instruments play an important role .
. . Traders use them to slice and dice their exposure.
[18]
It might be supposed that this
virtual dissection of the corporation is a kinder and
gentler process than that meted out by the corporate
raiders of the 1980s, but this would be an error. In
order to cash out their bets the arbitrageurs need
‘events’. A placid market with nothing happening and no
volatility is bad for the hedge funds and for those on
the ‘risk arb’ desks. But normally the traders need not worry since, as Hyman
Minsky put it in a classic article, firstly ‘the internal workings of a
capitalist economy generate financial relations that are conducive to
instability’, and secondly, ‘the price and asset-value relations that will
trigger a crisis in fragile financial structures are normally functioning
events.’ [19] One of the reasons for
this is precisely that the prospects of a given stock cannot be distilled in
a single figure since the balance sheet of an enterprise will always
comprise a complex of receipts and liabilities in which the past, present
and future uneasily coexist. These days a common ‘event’ for a large company
will be the re-valuation of its pension fund liabilities, which in turn will
reflect what is happening to the shares of other companies, new legislation
or the introduction of a new accounting standard. The de-regulation of
financial markets has also increased their proneness to ‘events’.
[20]
The techniques of the financial
revolution—derivatives, swaps, hedging, edging, ly the traders need not worry since, as Hyman Minsky
put it in a classic article, firstly ‘the internal workings
of a capitalist economy generate financial relations that
are conducive to instability’, and secondly, ‘the price and
asset-value relations that will trigger a crisis in fragile
financial structures are normally functioning events.’
[19] One of the reasons for this is precisely that the
prospects of a given stock cannot be dThe hedge funds’ case has not been helped by behaviour such as that
of Perry Capital, which in 2004 bought shares in Mylan Laboratories only
in order to vote in favour of its acquisition of King Pharmaceuticals,
in which Perry was a big shareholder. Perry hedged its exposure to
movements in Mylan’s share price and was thus able to exercise its
voting rights without having any apparent exposure to the consequences.
[21]
Hedge-fund managers use derivatives
to unpack bundles of property rights or claims on flows
of income, and to reassemble them in a supposedly more
advantageous configuration. They may be guided by a
hunch as to what will be the next big thing, but do not
aim to take responsibility for running a business. On
the face of it, ‘private equity’ concerns are quite
different. They specialize in taking over
under-capitalized and underperforming businesses, with
the aim of reorganizing management and
relaunching the business. This may take three or five years, during which
distractions and loss-makers are spun off and the core business overhauled.
Investors—including pension funds—are invited to back these operations. The
private equity fund is really a sort of collective entrepreneur, and those
with appropriate skills and judgement will deliver a good return to the
patient and large-scale investor. Like hedge funds their charges are higher
than those of ordinary fund managers, and normally comprise both a standard
annual fee of 2 per cent of fund value together with a portion of the
eventual pay-off, or ‘carried interest’, once the reorganization and refloat
is complete. [22] The investor thus
contributes not to the private equity organization as such but to a specific
fund that it will launch. It will raise a given sum—from as little as £10
million to several billions—which will be used to make acquisitions in a
given sector. [23] The private equity
concern will have real costs, such as legal ‘due diligence’, insurance and
staff; but as the size of funds grows the annual management fee will tend to
become more interesting than the entrepreneurial profit, which itself will
be spread over several years. Private equity ‘club deals’ enable different
concerns to pool costs but increase their funds under management.
The combined effect of such trends is to
bring private equity closer to a generalized fund management
logic, where the real goal is to boost the size of the funds
under management because this will boost the fees. boost the fees. [24] In the process the spur to
entrepreneurial gains will be blunted, and opportunities for speculation may
be hard to resist. Those engaged in a range of take-over and buy-out
possibilities will tend to have advance knowledge of market events, with
those whose bid fails being most likely to talk, or seek compensation, by
acting on the information in their possession. In March 2006 London’s
Financial Services Authority published a study of the previous six years’
trading patterns on the ftse 350 which found
that ‘the level of insider trading is very high with over 30 per cent of
significant announcements being preceded by informed price movements’.
[25]
Pension funds nds April 2006 this was a record, but the scale of private equity had grown over the previous decade, albeit with a dip in 2001.', FGCOLOR, '#E3E3E3', BGCOLOR, '#000000')" onmouseout="nd();" href="http://www.newleftreview.org/A2616#_edn23">
[23] The private equity concern will have real costs,
such as legal ‘due diligence’, insurance and staff; but as
the size of funds grows the annual management fee will tend
to become more interesting than the entrepreneurial profit,
which itself will be spread over several years. Private
equity ‘club deals’ enable different concerns to pool costs
but increase their funds under management.
The combined effect of such trends is to
bring private equity closer to a generalized fund management
logic, where the real goal is to boost the size of the funds
under management because this will boost the fees.
[24] In the process the spur to entrepreneurial gains
will be blunted, and opportunities for speculation may be
hard to resist. Those engaged in a range of take-over and
buy-out possibilities will tend to have advance knowledge of
market events, with those whose bid fails being most likely
to talk, or seek compensation, by acting on the information
It will readily be grasped that such procedures have the
effect of complicating and weakening ownership rights. The trustees who
permit or encourage the use of financialized techniques are more concerned
at saving the sponsor money than they are with fortifying the pension
promise. And even if they give primacy to their fiduciary duty, they often
do not properly understand complex credit derivatives and the risks they
pose if there is a sharp change in the business climate.
[26]
However sophisticated fund management
becomes, it remains the case that the nominal owners or
beneficiaries of the assets in a pension fund have no say in
how their savings are managed. There is thus a double
accountability deficit, with fund managers not answerable to
plan beneficiaries, and corporate management only
sporadically answerable to shareholders. Indeed the now
widely admitted crisis of corporate governance—several
symptoms of which are to be considered below—has its roots
in the failures of pension funds, and other institutional
investors, properly to represent the interests and views of
the ultimate owners, namely the plan participants. The
evidence suggests that capitalism works better if its
stewards are answerable to someone other than themselves. omprising 80 per cent of fFrom the 1980s, pension funds and other institutional
money were made available to corporate raiders like James Goldsmith, and
financial engineers like Michael Milken, who successfully sought to boost
the importance of share value in corporate affairs. The financial
professionals and takeover specialists organized a wave of mergers and
acquisitions that boosted the share price of the target companies, but often
brought little lasting benefit to the shareholders in the predator company.
Looked at from the employee’s standpoint, the pain was felt by those who
lost their jobs in the post-merger reorganization. Teresa Ghilarducci
charged that pension funds aided and abetted the downsizing of the late
eighties and early nineties: ‘the stewards of labour’s capital used pension
funds in speculative investment activity, which closed plants and strangled
communities’. [27] Fund managers can
gang up to remove ceos sharp
change in the business climate. [28] In other cases
institutional shareholders pressed for corporate reorganizations that broke
up historic companies like at&t and
itt. Concern for shareholder value was the
driving force in these dramatic developments. [29]
The fund managers are naturally attentive
to the interests and viewpoint of the sponsoring board,
which has nominated the trustees who will renew or drop
their mandate to manage the fund. The fund managers are
often themselves divisions of large financial concerns like
Citigroup, State Street, Merrill Lynch and Morgan Stanley,
which hope to make large fees from supplying other services
to the corporations. This gives them a further reason to
ingratiate themselves with the sponsoring ies, but often brought little lasting benefit
to the shareholders in the predator company. Looked at from
the employee’s standpoint, the pain was felt by those who
lost their jobs in the post-merger reorganization. Teresa
Ghilarducci charged that pension funds aided and abetted the
downsizing of the late eighties and early nineties: ‘the
stewards of labour’s capital used pension funds in
speculative investment activity, which closed plants and
strangled communities’.
[30] While Wall Street allowed ceos8217;, Los Angeles Times, 1 September 2000, and Robert Reich, Success, New York 2000.', FGCOLOR, '#E3E3E3', BGCOLOR, '#000000The services provided by the fund managers do not come
cheap. Charges usually amount to at least 1.5 per cent of the fund each
year, and if account is taken of hidden extras, such as soft
dollars—business services furnished for free as a kickback by those who
receive the trading business—the figure is often higher. Public-sector
pension schemes often run on a fee as low as 0.3 per cent of the fund each
year. The charges of the private fund managers often reduce the yield on a
personal pension pot by as much as 40 per cent over a forty-year period.
While profits are high, the other explanation for excessive charges is huge
marketing costs. This extravagance is rational because beneficiaries tend to
stay with their first manager and will pay a large stream of contributions
for decades. [31]
Bezzling
It might be thought that during the share
bubble, the fund managers would have seen the warning
signals and tried to curb executive aggrandizement, or at
least to dampen the speculative fever of the late 1990s. But
they did not. They were playing with other people’s money
and the incentives they were offered encouraged
irresponsibility. Managers usually receive a bonus related
to the performance of the funds they manage over the
previous year. In a prescient 1993 article entitled
‘Churning Bubbles’, two financial economists, Franklin Allen
and Gary Gorton, warned of the design flaw in fund-manager
incentive schemes, encouraging them to join a speculative
bandwagon even if they knew that it would eventually run
into a ditch. As they explained:c regulation, found
The call option form of portfolio managers’ compensation schemes
[exposing them to upside gains but not downside losses] means they can
be willing to purchase a stock if there is some prospect of a capital
gain even though they know with certainty that its price will fall below
its current level at some point in the future.
[32]
And beyond such calculations there
was the fear of losing mandates, and even their jobs, if
they carried out a rigorous assessment of company worth.
In the late 1990s the analysts retained by the big banks
joined the throng, with 97 per cent ‘buy’ or ‘hold’
recommendations on the stocks they tracked. provided by the fund
managers do not come cheap. Charges usually amount to at
least 1.5 per cent of the fund each year, and if account is
taken of hidden extras, such as soft dollars—business
services furnished for free as a kickback by those who
that there is always a bit of ‘bezzle’
around even when things are going well.
[33] When the bad times arrive it can no longer be concealed, and the
embezzlement is exposed to view. We were told that Enron and kindred
organizations were companies of the future, with complex derivative products
that could hedge everything from the price of oil to next year’s weather.
Yet scrutiny of the malpractices at Enron and other collapsing giants
reveals that most of these deceptions were variations of ancient ruses,
dressed in the language of up-to-the-minute financial engineering. The
bankers and professional advisers should have been highly suspicious of
revenue boosted by hollow swaps and sham transactions, of the booking of
current costs as capital assets, or the hiding of liabilities in Special
Purpose Entities (spese 1990s. But
they did not. They were playing with other people’s money
and the incentives they were offered encouraged
irresponsibility. Managers usually receive a bonus related
to the performance of the funds they manage over the
previous year. In a prescient 1993 article entitled
‘Churning Bubbles’, two financial economists, Franklin Allen
and Gary Gorton, warned of the design flaw in fund-manager
incentive schemes, encouraging them to join a speculative
bandwagon even if they knew that it would eventually run
into a ditch. As they explained:
The call option form of portfolio managers’
compensation schemes [exposing them to upside gains but
not downside losses] means they can be willing to
purchase a stock if there is some prospect of a capital
gain even though they know with certainty that its price
and the attorney general of New York that
they would pay $1.4 billion in fines and compensation, though insisting that
they do not admit that they were in any way at fault.
[34] In several cases the banks, so far from being duped by their
corporate customers, had themselves devised and sold obfuscatory or even
fraudulent devices to the delinquents. Many fund managers fell over
themselves to acquire what were touted as glamorous new financial products.
Despite the ‘deal’ between regulators and banks, and the latter’s
protestations of future good behaviour, the accountability and regulatory
deficits that allowed the scams to happen have not been remedied.
The Sarbanes–Oxley Act (2002) focused on
corporate governance, not the role of the banks. While
leading executives at WorldCom, Enron and dozens of other
failed corporations were prosecuted and sentenced to between
eight and twenty years in jail, the banks’ role in helping
to construct opaque or fraudulent financial instruments was
deemed less culpable. Whilst banks never admitted any guilt,
the fund managers, institutions and individuals who had lost
tens of billions of dollars pursued, and sometimes won,
private suits alleging malpractice, neglect and absence of
due diligence on the part of their financial advisers and
brokers. Although the banks’ 2003 settlement with the
regulators was just $1.4 billion, they paid out much larger
sums in settlement of the private suits; by the end of 2005
they had paid $6.9 billion to settle Enron-related suits and
$6 billion to settle WorldCom-related ones. professional advisers should have been highly suspicious of
revenue boosted by hollow swaps and sham transactions, of
the booking of current costs as capital assets, or the
hiding of liabilities in Special Purpose Entities (spes).
When Citibank and Morgan Stanley helped the energy company
to devise spes, they would
have gained enough knowledge to smell a rat. Merrill Lynch,
in a sham transaction designed to boost Enron’s profits,
became the temporary owner of three energy barges off the
coast of Nigeria. The bank had a commitment from Enron that
it would buy back the barges as soon as the new reporting
period had arrived. Citibank and Morgan Stanley lent large
sums to Enron, but they then constructOne of the banks concerned, Bank of America, had taken
out insurance to provide coverage up to $100 million for claims ‘arising out
of any wrongful action committed by the insured’.
[35] Insurance of this sort exacerbates representational problems by
insulating the agent from the most likely sanction for malpractice, a fine.
The business scandals were partly
explained by pressure to produce results, at a time of
underlying deterioration in the profitability in the
provision of non-financial goods and services in the major
Western economies. [36] The
wave of deregulation in the 1990s contributed further, with scandals
proliferating in sectors where controls had been most thoroughly
abandoned—finance, energy and communications. The Litigation Reform Act of
1995 shielded from legal challenge the claims and promises made by
ceos and company promoters.
[37] Repeal of the Glass–Steagall Act in 1999 meant that investment
banks were no longer constrained from going into the brokerage or retail
business, even though this would mean that their brokers would be trading,
and their analysts assessing, stock their bank had itself underwritten. But
the scope and nature of the scandals also pointed to underlying ‘agency
problems’, namely the betrayal of policyholders by their own
representatives: the hallmark of what I have called ‘grey capitalism’.
Financial concerns were helping ceoser
sums in settlement of the private suits; by the end of 2005
they had paid $6.9 billion to settle Enron-related suits and
$6 billion to settle WorldCom-related ones.
In each case the total losses stemming
from the collapse were about ten times as great as the
indemnity paid out. However inadequate, Wall Street seemed
to accept that it owed some compensation. But their insurers
discovered that even this expiation was not what it
appeared. As a Wall Street Journal report explained:
The banks . . . are battling to recover a portion of
the more than $13 billion they paid in fines for
settlement and regulatory actions related to the frauds.
They say insurance policies they bought during the 1990s
should cover payments the banks made to settle
class-action suits over their roles in advising Enron
and WorldCom. The Swiss Reinsurance Co. and some other
large insurance companies are balking.
One of the banks concerned, Bank of
America, had taken out insurance to provide coverage up to
$100 million for claims ‘a I’m trying to remember.
[38]
In contrast to this distant
relationship, the pensions executive will be in close
and daily contact with the Chief Financial Officer of
the sponsoring company—indeed, in some cases, he will be
the the profitability in the
provision of non-financial goods and services in the major
WesThere is such latitude for make-believe in corporate
pension funding that it is easy to come away with the idea that fund
liabilities are infinitely fungible. But that is not the case. This is
partly because employees do eventually retire and must be paid their
pension. It is also because of the increasing nervousness of accountants,
regulators and shareholders. Many older companies now have more retirees
than they do current workers; if there is not enough in the fund then
pensions become a charge on cash flow.
[39] The conjuncture of 2001–03 echoed that of the early 1990s, when an
orgy of downsizing—especially at defined-benefit sponsoring companies like
the us ceos out of a tight spot at
the expense of millions of small savers. While the
ceos were anxious to conceal
poor results the banks were expecting and demanding
double-digit annual returns. The fund managers were
flattered to have their business solicited by swanky ‘bulge
bracket’ investment banks, even though they struggled to
understand the nature of the credit derivatives and
‘collateralized debt obligations’ that they purchased.
Agents who were not responsible to plan members and pension
policyholders were handling much of the money lost by this
kind of speculation.
Two us
anthropologists, William O’Barr and John Conley, in a
pioneering study, have evoked the typical outlook of a
corporate executive looking after a pension fund. They
repor schemes had to belong.
[40] American companies that enter Chapter 11 bankruptcy protection ask
the court to pass over their pension liabilities to the
pbgc, which becomes responsible for the
future payment of benefits, albeit at a reduced rate—beneficiaries generally
get about 75 per cent of their pension and none of their retiree healthcare
benefit. The courts are likely to agree, if this is the only way to save the
company as a going concern. Firms with large pension obligations have used
the threat of receivership to obtain union agreement to benefit cuts,
encouraging workers to agree to ‘give backs’ in order to save their jobs. daily contact
with the Chief Financial Officer of the sponsoring
company—indeed, in some cases, he will be the
cfo.
Vulture capitalists
There is such latitude for make-believe
in corporate pension funding that it is easy to come away
with the idea that fund liabilities are infinitely fungible.
But that is not the case. This is partly because employees
do eventually retire and must be paid their pension. It is
also because of the increasing nervousness of accountants,
regulators and shareholders. Many older companies now have
more retirees than they do current workers; if there is not
enough in the fund then pensions become a charge on cash
flow.
[39] The conjuncture of 2001–03 echoed that of the early
1990s, when an orgy of downsizing—especially at
defined-benefit sponsoring companies like the
us steel corporations—put
hundreds of thousands on the scrap heap with a reduced
pension. Problems with defined-benefit pension commitments
have been a significant factor in the debility of
us and British manufacturing,
since enterprises in this sector typically had mature
db schemes and often found
themselves starved of funds just when investment should have
been boosted. In late 2004 gm
floated a bond specifically designed to help pay pensions—it
has around a million pensioners. The damage to the overall
credit-worthiness of the auto giant led its bonds to be
downgraded to junk status within months.
In 1974, the us
Employee Retirement Income Security Act had established an
insurance scheme, the Pension Benefit Guaranty Corporation,
to which all corporations running db
schemes had to belong.
[40] American companies that enter Chapter 11 bankruptcy
protection ask the court to pass over their pension
liabilities to the pbgc,
which becomes responsible for the future payment of
benefits, albeit at a reduced rate—beneficiaries generally
get about 75 per cent of their pension and none of their
retiree healthcare benefit. The courts are likely to agree,
if this is the only way to save the company as a going
concern. Firms with large pension obligations have used the
threat of receivership to obtain union agreement to benefit
cuts, encouraging workers to agree to ‘give backs’ in order
to save their jobs.
‘Pension-deficit disorder’ has produced a
new breed of financier, the ‘vulture capitalist’, who
specializes in extracting value from firms burdened by large
pension and medical liabilities, largely by stripping
employees of their entitlements. (In terms of Pollin and
Arrighi’s classification, this would count as a clear case
of forcing a redistribution in capital’s favour.) Filing for
bankruptcy protection used to be a rigorous process,
allowing the company an interval to get its affairs in
order; it was meant to protect employees, among others, from
a precipitate and perhaps unnecessary liquidation. But the
specialists in ‘distressed assets’ use the pause for their
own, very different, ends.
Robert ‘Steve’ Miller has appeared on the
scene of a string of corporate wrecks. At Chrysler in the
1980s, Miller used threats from the company’s creditors and
bankers to extract concessions from the unions and the
pbgc. As
ceo of Bethlehem Steel in
2001 he closed down the company’s pension plan, leaving $3.7
billion of unfunded liabilities to be inherited by the
pbgc. Another financier,
Wilbur Ross, stepped in to buy Bethlehem and four other
dying steel companies, putting them into bankruptcy in order
to wind up their pension plans, and then selling the newly
viable concerns for a profit of $4.5 billion. The employees,
by contrast, were left with shrunken benefits.
[41] Miller went on to become chief executive of Federal
Mogul, a car-parts maker with factories in the
uk as well as the
us. In July 2004, the uk subsidiary of this company
went into receivership and successfully shed pension
obligations for over 20,000 employees, with losses for a
further 20,000 in an associated company.
[42] The British government protested (and felt obliged
to bring forward their own scheme for a Pension Protection
Fund). However another ‘vulture’, Carl Icahn, bought up
Federal Mogul paper at 20 cents on the dollar, in a bet that
bankruptcy plus liability-shedding would succeed.
Stripping the barnaclescles
By the late summer of 2005 Steve Miller was
ceo at Delphi, another company sinking under
the weight of the pension and medical-insurance promises it had made to its
employees. Delphi, previously a division of gm
but spun off by it in 1999, was the world’s largest auto-part maker with
50,000 employees in the us and 180,000
worldwide. Miller’s sign-on fee was $3 million and an annual salary of $1
million (after an outcry he renounced the annual pay and kept the sign-on
fee, but the value of any options package was not revealed). Miller also
paid off twenty executives with comfortable retirement packages, while
urging the great mass of employees to accept huge cuts—of 50 per cent or
more—in their wages and healthcare and pension entitlements, saying that
only this would save their jobs and help Delphi to avoid bankruptcy. He
spoke of workers earning $65 an hour, though average wages were in fact $27
an hour, and proposed that instead they should be around $10–12 an hour.
[43] On 8 October 2005, after Miller’s savage reductions were turned
down by the uaw—as he must have known they
would be—the company filed for bankruptcy protection under Chapter 11.
Miller continued to urge huge cuts in benefits and the uaw continued to resist them.
[44]
Because Delphi had been spun off from rom gm, the auto-maker still had residual
responsibility—estimated to be at least $4 billion, perhaps much more—to
honour commitments to its former employees. This allowed Miller to seek
credit from gm in order to keep Delphi
afloat—and at least nominally be responsible for the pension and healthcare
plans. Wilbur Ross once again expressed interest in the ‘distressed asset’,
and was already positioning himself to acquire it by buying up other
auto-parts companies. As Miller himself remarked: ‘Wilbur likes to invest in
industries that are out of favour, and auto-parts are certainly in that
category . . . But he wants assets that have gone through bankruptcy, had
the barnacles stripped off and liabilities resolved.’
[45] The barnacles, of course, represent past promises of a secure
future for employees. Writing about parallel uk
developments, Martin Wolf offers the following devastating verdict:
The implosion of private-sector defined-benefit
pension schemes accelerates . . . Predictably, as the
schemes disappear, the supply of self-serving,
self-exculpation from managements and those who speak
for them soars . . . What we are watching is the
unwinding of what was—in effect, if not in intention—a
confidence trick known as ‘bait and switch’: offer
something attractive and then switch it for something
else when the customer comes to collect. Pension
provision provides attractive opportunities for such a
game. The aim was to hold on to valuable staff,
encourage them to acquire company-specific skills and
pay them less than their market wage. A clever way to do
this is to promise pay far in the future. That, after
all, is all pensions are—deferred pay. Companies have
played the bait and switch game: now comes the switch.a name="_ednref46" href="#_edn46"> [46]
The manoeuvres at Delphi are part of the softening-up
process for what will happen elsewhere, including the auto companies
themselves, led by gm with its million-strong
army of retirees. Ten days after Delphi went into Chapter 11, the
uaw accepted cuts in health benefits at
gm worth $15 billion.
[47]
The owners of the large airline companies
have also played the Chapter 11 card, notwithstanding the
fact that they are rather implausible victims of
globalization—they can buy fuel virtually tax-free and on
their major routes they do not face competitors paying Third
World wages. Auto will be next, with telecom companies not
far behind. Financiers have not been the only ones to
benefit, however. In October 2005 Northwest Airlines, having
availed itself of bankruptcy protection and asked the court
to allow it to repudiate its pension obligations, hired the
services of eight law firms and two bankruptcy consultancies
in order to outgun its employees. Delta took the same path,
hiring seven law firms and four financial advisory firms.
The Wall Street Journal commented:
Bankruptcy has long been lucrative for lawyers, but the airline
industry is providing an unusual bonanza. This week’s fourth annual
forum on airline re-structuring in New York, sponsored by the American
Conference Institute think tank, serves as a summit about how lawyers
can make money out of the turmoil—or, as they put it, ‘partnering with
your clients to capitalize on opportunities in the distressed airline
industry’. [48]
Stud farms and coronets
The specialists in distressed assets like to operate
through closed, private-investment vehicles that do not have to obey the
standards of disclosure and reporting of the normal public company. But the
closed company can also be a source of vulnerability for its owner, exposing
him or her to the liabilities of entities in which they have a controlling
stake. In 1992, the financier Carl Icahn had a controlling stake in Trans
World Airlines when it filed for bankruptcy protection. The
pbgc, aware that it was about to be stuck
with the airline’s pension obligations, took out a claim against Icahn’s
assets, including his favourite racehorse and ocean-front residence. Icahn
eventually agreed to pay $30 million a year for eight years to help cover
twa’s pension deficit.
This episode was recalled in February
2006, when the pbgc sought to attach the assets of another
financier specializing in distressed assets. Ira Rennert’s holding company
Renco is the owner of wci Steel, which had
issued bonds worth $300 million, redeemable in 2004.
wci’s 2,000 employees and retirees were alarmed to learn that the
company was in bad shape and that, in case of bankruptcy, the pension fund
would have a deficit of $189 million. The pbgc
responded by taking a lien on Rennert’s other assets: in 1992, he had
purchased am General—the manufacturer of the
Humvee and the Hummer—for $133 million, selling a 70 per cent stake for $930
million in 2004. With the fruits of such investments Rennert had built a
palatial estate, ‘Fair Field’, situated in the Hamptons. This beachfront
estate comprises five buildings, with 29 bedrooms and 39 bathrooms.
According to a report: ‘its inlaid floors, its frescoes and other splendours
have an asset value of $185 million, uncannily close to the $189 million
shortfall that the wci actuary found’. The
pbgc claimed that Fair Field could be
attached because Renco was its beneficial owner, owning over 80 per cent of
Blue Turtles, the entity that directly owned the estate.
[49]
In the past investors in distressed
assets bought bonds, but there is now lively interest from
hedge funds like dge funds like Xerion, Appaloosa
Management lp and Mellon
hbvus in purchasing shares and helping to
establish stockholder committees in such concerns as the Mirant Corporation,
us Gypsum and Impath Inc. As the Wall
Street Journal explains:
there are likely to be plenty more companies slipping into bankruptcy
proceedings where the new breed of distressed investor may want to
target equity. These include large ‘old economy’ companies with large
liabilities such as underfunded pension plans or the costs of litigating
environmental claims. Many of these companies will use bankruptcy
proceedings to shed those liabilities.
[50]
Britain has acquired its own ‘vulture
capitalists’. In March 2006 the Financial Times carried the following report
concerning a property group which had acquired a controlling stake in the
Allders retail chain:
Minerva, which owned a 60 per cent stake in Allders
when it went into administration in January last year,
has always insisted the 3,500 pensioners in the group’s
pension scheme were not its responsibility. But the
circumstances surrounding the collapse of Allders, with
a pension deficit of £68m, are still being examined by
Kroll, the insolvency practitioners. Minerva paid £49m
for Allders’ flagship Croydon store just months before
the retailer’s collapse. It is expected that Allders
will soon be put into liquidation, at which point the
pension trustees can ask for help from the government’s
Pension Protection Fund . . . Minerva has endured a
turbulent 18 months, with . . . the Allders collapse and
the replacement of chairman Sir David Garrard with
Andrew Rosenfeld, former chief executive. It emerged
last week that the two men had lent a total of £3.3m to
the Labour Party. Mr Hasan [the chief executive]
yesterday denied suggestions that Minerva may have won
planning permission for its unbuilt Minerva Tower in the
City as part of this loan.
[51]
In a peculiarly British twist to the
vulture-capitalist scenario, Downing Street had also
nominated Garrard for a peerage. While in the us the party donors get to influence
legislation, in the uk they can actually
become legislators as well—although in this case, untoward exposé of the
secret loans in the March 2006 ‘cash for ermine’ debacle was to upset the
calculation.
Scams and scandals
Between 2001 and 2005, corporate scandals were eclipsed
by the revelation that core financial institutions—the major investment
banks, mutual funds and insurance houses—had colluded with corporate crime
and were themselves awash with insider-dealing, kickbacks and techniques for
skimming their own customers. The exposure of these abuses, after the
bursting of the share-price bubble, led to settlements in which the
financial sector paid out billions of dollars in fines to regulators and
reimbursed some clients. In 1921 the Martin Act, adopted after hundreds of
thousands had lost their savings in Charles Ponzi’s famous pyramid scheme,
gave the Attorney General of New York State the right not only to bring
criminal prosecutions against suspect financial bodies but also to search
their premises without warning and impound their documents.
[52] As we have seen, the 2002 Sarbanes–Oxley Act largely ignored the
financial sector, but the current New York State attorney general, Eliot
Spitzer, has put his powers to good use, seizing and publishing the internal
records and emails of leading Wall Street concerns to reveal a string of
abuses in the brokerage practices, investment advice and fund-management
services offered to investors by the finance houses. Some of these abuses
indicate Arrighi and Pollin’s first category of financial profits: groups of
capitalists benefiting at the expense of other capitalists, in addition to
the second category, where capitalists benefit as a whole.
The documents unearthed by Spitzer showed
how analysts had boosted the shares of companies with which
their bank did business. In a practice known as ‘spinning’,
banks underwriting an ks underwriting an
[53] The $7 trillion mutual-fund industry was similarly riddled with
malpractice. Nominally owned by the investors, mutual funds are in reality
controlled by the sponsoring financial corporation: the finance house sets
up the fund and selects its directors. Many funds had allowed favoured
clients the privilege of ‘late trading’ at the expense of ‘stale prices’,
whereby these customers, mainly hedge funds, would be allowed to trade
mutual funds after the market had closed, at the closing price, thus being
able to take advantage of breaking news on other stock exchanges. Another
widespread practice was for mutual funds to allow ‘market timers’ to buy
just after the close, with the aim of selling the next day. Spitzer was
assisted in his prosecutions by the work of academic researchers who had
been puzzled by the extent of poor returns in the mutual-fund industry. Eric
Zitzewitz of Stanford subjected a huge mass of mutual-fund data to rigorous
economic analysis, and concluded from the pattern of price movements and
sales information that there had to be regular, large-scale trading taking
place on the basis of ‘stale prices’.
[54]
After investigating, the ter investigating, the the
found that half of the 88 mutual-fund groups it had questioned—together
responsible for 90 per cent of all mutual-fund business—allowed ‘market
timing’, while one quarter of brokerage firms that sell mutual funds had
allowed certain customers to make late trades. A Republican senator, Peter
Fitzgerald of Illinois, described the industry as ‘the world’s largest
skimming organization’. Spitzer’s conclusion, as explained to a
congressional hearing, was that the root of the problem was the fake
structure of the mutual funds, with their phoney boards of directors.
[55] However, Spitzer has little power to extract structural
transformation.
The attorney general’s next target was
‘bid rigging’ in the insurance industry and, once again, he
went for the really big fish, not the minnows. In October
2004 he charged that ‘on numerous occasions’ officers of
Marsh and McLennan, the world’s largest insurance broker,
had encouraged counterparts at American Insurance Group ( largest insurance broker,
had encouraged counterparts at American Insurance G commercial insurer, to submit
a fake bid—pricing it so that it would appear that Marsh, in steering its
clients towards a slightly cheaper bid, was vigorously forwarding their
interests. It was, Spitzer argued, ‘a scheme to defraud’. His indictment
focused on the pay-off Marsh and McLennan received from insurers who won
their clients’ business: kickbacks paid by those who were allowed to win the
fake bidding process. The enquiry also documented the practice of ‘finite
insurance’, by which companies entered an agreement with an insurer to
guarantee a top-up payment in case they proved unable to meet an earnings
target. Not only would this make it hard for shareholders to assess company
performance, it was also likely to be very expensive. Other insurance
concerns under investigation included Ace and General Re, the insurance arm
of Warren Buffet’s Berkshire Hathaway.
[56] In 2004 the sec://www.newleftreview.org/A2616#_edn56">
[56] In 2004 the sec indicted
aig for an ambitious campaign to market
deceptive ‘loss mitigation’ products and off-balance-sheet ‘special purpose
vehicles’, which could hide non-performing loans and other liabilities.
[57]
A financialized future?
Any account of the new world of finance
runs the risk of neo-Luddism—of treating finance itself as necessarily a domain of delusion
and chicanery. The financial techniques employed by hedge funds or the
finance departments of large corporations are not all designed for some
dubious purpose. The use of derivatives to hedge currency or interest rate
swings usually aims simply to reduce uncertainty. It may make sense to
offset other, similar, risks to achieve a balanced portfolio. But hedge
funds, finance houses and accountants invariably go far beyond such tame
procedures. They do not limit themselves to a plain ‘vanilla swap’—say, to
replace fluctuating with fixed interest rates—but will sell clients a
leaseback within a sale within a swap, in order to thoroughly befuddle
regulators, tax authorities and shareholders. While financial engineering
can bring great rewards to its practitioners, many of its most
characteristic devices have nothing to do with improved performance, but are
all about gaming the taxman or the shareholders. Likewise hedge funds often
use leverage (borrowed money or assets) to increase their profits on a
transaction, but in so doing also increase the exposure of their clients.
Those who buy an asset stand to lose what they have paid. Those who buy a
derivative can be exposed to unlimited loss. The barely contained collapse
of Long Term Capital Management in 1998—patronized by central banks and
staffed by brilliant minds—illustrated several of these dangers.
[58]
Financialization is defined by the use of
sophisticated mathematical techniques to distribute and
hedge risk, so it might be thought that these instruments
are themselves a major part of the problem of ‘grey
capitalism’. But this would be an error. The improvements in
risk calculation are often genuine enough, but the problems
arise from the ‘grey capitalist’ structure within which they
are embedded. In today’s highly financialized world, a
potentially systemic threat on the scale of
ltcm could easily reappear,
but it is more likely to be the result of poor institutional
structures than of faulty calculations. After the collapse
of Enron and WorldCom, the tangled mass of derivative
contracts at stake unwound without much pain; the real
disaster was for the pension funds and employees who had
invested in the shares and financial instruments offered by
these concerns. The fallout was similar after Refco, the
largest us. The fallout was similar after Refco, the
largest us futures trader,
was forced to declare bankruptcy in 2005 after revealing
that an entity owned by one of its key executives had owed
the company $300 million since 1998. The individual in
question had, it is true, used a small hedge fund to help
conceal this debt. But the financial manipulation he used
was of breathtaking simplicity—the debt was simply rotated
around three accounts with different reporting periods, one
of the hoariest scams known to financial history. What
allowed the fraud to succeed was the willingness of highly
respected lawyers and accountants to prepare and endorse the
rotating payments. The erring executive acquired his
colleagues’ trust because of his access to funds held for an
Austrian workers’ pension fund,
bawag, which suffered a heavy loss. On the other
hand, the counter-parties to Refco’s complex mass of
derivative and futures contracts were able to settle them
quite easily.
More generally, as Edward LiPuma and
Benjamin Lee urge, the use of derivatives in contemporary
financialization aims at short-term gains that short-circuit
flows of production and trade, garnering an immediate profit
at the expense of what might have been a long-term social
surplus. [59]
Hedging techniques permit advances in the efficiency of
capital but the resulting gains are disproportionately
reaped by financial intermediaries, especially those with
access to huge computing power and privileged information
networks. As we have seen, the financialized world has
involved the dumping of pension promises and health
entitlements, while the savings of many millions have been
committed to credit derivatives or hedge funds which may
deliver short-run returns but remain vulnerable to the
business cycle in the longer term. In the speculative
process, large-scale finance has the edge over the small
saver and the cash-strapped corporation. In the past the
large banks were able to grow at the expense of the savings
of the ‘little man’, because they had larger reserves and
better information. [60]
Today the small savers’ holdings in pension, insurance and
‘mutual’ funds play the little man’s role. The mass of
employees may own a significant slice of productive assets,
but they do so in ways that render them vulnerable to hedge
funds and other finance houses which are better informed and
more nimble.
Because use financialization is not embedded in a
macro-policy or strategy it often plays a part in strangling growth. Booms
lose their way if they are channelled into short-term speculation and
arbitrage, rather than long-range investment. Sustained growth requires
infrastructural and educational investments that may not pay off for
decades. While arbitrage can help to spot and eliminate excess costs, if
unregulated it will wipe out all long-range projects. Previous booms saw the
construction of railroads or interstate highways, but the stock market
thrills and spills of the 1980s and 1990s lacked the sort of commitment and
foresight displayed by Henry Ford and other founders of industrialism, or
John Maynard Keynes and other architects of the postwar boom. Indeed so
feeble was the investment thrust of the 1990s boom that it did not even
allow for completion of the broadband cable network. The managers of pension
funds were part of the problem, since they wanted investments that yielded
immediate returns and which could easily be turned into cash. This was, in
part, the result of accounting methods which required that assets be ‘marked
to market’ every year.
In the mid-1990s Giovanni Arrighi warned that financial
expansion would have the further defect that—unlike advances in
manufacturing, communications or trade—they tend to enrich only a small part
of the population and do not create a broad basis for sustainable mass
demand. Kevin Phillips confirmed that financialization fostered extreme
inequalities, as gains were channelled to personal enrichment rather than
productive investment. [61] Inward
foreign investment can cover the resulting imbalances and the expansion of
personal debt can prevent domestic demand from faltering in the short term;
in 2000–05 consumer confidence was shored up by a house-price boom and by
the Bush tax-cuts. But ballooning public and private debt, and a weak
recovery, are storing up problems for the future and have created a
difficult climate for manufacturers. [62]
Here is Rudolf olf olf Hilferding exploring the
birth of finance capital nearly one hundred years ago:
The bank can use its great capital resources and its
general overview of the market to engage in speculation
on its own account with comparative safety. Its numerous
connections extending over a wide range of futures
markets, and its knowledge of the market, give it the
opportunity to engage in safe arbitrage dealings, which
bring considerable profits because of the large scale
upon which they are conducted.
[63]
The futures to which he was referring
related to the commodities markets in wheat, pork bellies,
oil and metals, and some of the scope of arbitrage was
limited by the growth of cartels. The phenomena I have been
discussing relate to a post-‘monopoly capitalism’ world and
a new expression of the fundamental drives of capitalism—its
‘conatus’ as Frédéric
Lordon puts it—but in a dimension that now includes not simply commodities
but personal debt, mortgages of every type, currency contracts, corporate
securities and variance swaps. [64]
The foregoing sketch suggests that
financial profits over the last decade have mainly taken the
form of the cancellation of promises made to
employees—exploitation over time—the erosion of small
capital holdings by large and unscrupulous money managers
and the swallowing of shoals of tiny fish by a shark-like
financial services industry. Few of the gains from the
reallocation of capital through superior risk assessment
have been channelled to production. Financial profits have instead prompted a
surge in upscale real-estate prices and the turnover of the luxury goods
sector. The mass of employees and consumers have sunk deeper into debt.
Yawning domestic inequalities have been compounded by escalating
international imbalances, with an inflow of foreign capital covering a
deficit on the us current account. With a
sagging dollar, an oil price shock and rising interest rates, American
households—the consumers of first and last resort—are likely to find the
strain of carrying the world on their shoulders ever more difficult.
Financialization promotes such a skewed distribution of income that it ends
by undermining its own credit-driven momentum.
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