Raghu writes:

>> Thats is one argument. Although I am not sure what you mean by "very
>> attenuated": derivatives simply could not have existed without moral
>> hazard. Did anyone really think they were buying real insurance by
>> buying CDSes from some itty-bitty hedge fund?

A little more trivia from the Lehman bankruptcy case.  To generalize, if you 
were a run of the mill hedge fund, trader, etc. and wanted to engage in 
derivative transactions with Lehman (whether a default swap, interest rate 
swap, power trade, etc.), Lehman required the party to post collateral to 
secure the party's potential obligations to Lehman in recognition that there 
was risk that a counter-party might default on a payment obligation.  On the 
other hand, where Lehman required collateral from a counter-party, Lehman was 
not required to post matching collateral -- after all it was Lehman Brothers, 
one of the largest investment banks in the world, so who would think Lehman 
might default?

To really make things fun, the derivative agreements permitted Lehman to 
"rehypothecate" the collateral, meaning Lehman was not required to segregate 
the collateral (such as a US Treasury Note), but could take the collateral and 
pledge it to a third party to secure a different Lehman trade, which in turn 
provided Lehman with another source of leverage.  In the ordinary world, no big 
deal, because if a counter-party closed out its trades and was entitled to its 
collateral back, Lehman could easily return substitute collateral.  However, 
now that Lehman is insolvent, where the collateral is and who is entitled to a 
specific piece of collateral is absolutely critical and is going to take years 
and significant litigation to figure out.  It means that a party that 
transacted with Lehman and posted say, $25 million in collateral, and has 
closed out its trades and is owed say, $25 million on the trades, is not only 
out the $25 million on the trades, but may also be out the $25 mill!
 ion in collateral.  Crazy stuff.  

David Shemano

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