dollarack.thumbnail.jpg

On December 23, the Commodity Futures Trading Commission gave the Chicago Mercantile Exchange the go-ahead to organize a clearinghouse for credit default swaps. This didn’t require any hearings, or any rule-making procedure, because the CFTC has a procedure called “self-certification”. It works like this: the CME writes a letter saying it complies with applicable law. The CFTC then announces that it has the letter and “Prior to CME’s certification, CFTC staff reviewed CME’s plans to clear credit default swaps, including CME’s planned risk management procedures, and notified CME that the CFTC staff would not object to the certification.” That’s it. Regulation in the modern world.

So now, all those people that brought us all the good things of CDSs, like the AIG disaster, will be able to use CME Clearing (the hip name given to the new entity) to manage their assaults on the financial system. This is how it works. Sellers of protection sell to CME Clearing, and buyers of protection buy from CME Clearing. The transactions happen simultaneously, but the interposition of CME Clearing means that it is liable to both parties to complete the transaction if one defaults.

CME Clearing removes counterparty risk from the transaction for both buyer and seller. It was counterparty risk, the inability of AIG to meet its obligations to post collateral, that drove the bailout of AIG, at a cost of billions to the treasury.

Now we will have CME Clearing in the middle of CDS transactions. That may be swell for the Financial Elites, who really want to keep playing with this nuclear waste, but what does it do for the rest of us? Start with this: the DTCC says there are $14.79tn in gross notional amount of outstanding CDSs as of January 2. CME Clearing is taking a lot of exposure, potentially. In its self-certification, the CME tells us about the money that forms the safety net for its obligations for CME Clearing:

CME Clearing’s financial safeguards package is a combination of each clearing member’s collateral on deposit to support its positions, the collateral of its customers to support their positions, CME surplus funds, security deposits and assessment powers. Excluding collateral supporting open positions, whose total is approximately $122 billion, the total financial safeguards package is nearly $7 billion, comprised of the following elements:

  • CME surplus funds of $100 million.
  • Security deposits of approximately $1,748,668,000
  • Assessment powers of approximately $4,808,839,000.

The real money available to support $14.83tn in potential exposure is laughably tiny. To put it in perspective, we know AIG needed at least $57bn just to post collateral. Then we had to buy at least $69.5bn in CDOs to wipe out the transactions, and there is another $12.3bn outstanding. The owners get to keep the collateral. That adds up to a lot more than the capital available to CME Clearing. So, if there is a disaster, CME Clearing will dip into the collateral for all open positions, whatever that means.

Fortunately, CME Clearing has marvelous risk management techniques, which include “stress testing”, and “concentration margining”. Joe Nocera explains how effective this was in the current crisis in the NYT magazine. He explains that the testing assures us that there is only a 1% chance of disaster, and we don’t even know what the disaster will be or how big it will be. The following is from Richard Feynman’s appendix to the report on the Challenger Space Shuttle disaster:

It appears that there are enormous differences of opinion as to the probability of a failure with loss of vehicle and of human life. The estimates range from roughly 1 in 100 to 1 in 100,000. The higher figures come from the working engineers, and the very low figures from management. What are the causes and consequences of this lack of agreement? Since 1 part in 100,000 would imply that one could put a Shuttle up each day for 300 years expecting to lose only one, we could properly ask "What is the cause of management’s fantastic faith in the machinery?"

Space shuttles blow up in the face of these odds, and so do markets. Now we have one more entity that is too big to fail.