this is a hell of a problem and it is agonisingly slow work, but the
apocalyptic crises predictions are off base; LTCM actually taught us that in
a genuine crisis, people act like grownups and respect the basic principle
of the "banker's right of netting" even when the actual legal position is
ambiguous. But swaps netting is a complete mess and it is a bit of a scandal
that so little progress has been made in like seven years.

A lot of what's at the root of this problem is that financial regulation has
been separated from central banking in a lot of jurisdictions, so issues
like payment system integrity (which is the ultimate Cinderella issue; it is
full of horrid technical acronyms and boring pedantic details that
big-picture civil servants hate) tend to fall between the cracks.  Since
something like this is partly a regulatory issue and partly a technical
issue of banking, it is very difficult to build a career out of doing it
well these days and thus it is unlikely to be done well.  Sometimes I think
that TARGET (the trans-European real-time gross settlement system that
underpins the Euro area short-term money market) may end up being the last
payment system ever to be properly designed.

best
dd

-----Original Message-----
From: PEN-L list [mailto:[EMAIL PROTECTED] Behalf Of Marvin
Gandall
Sent: 16 February 2006 15:55
To: [email protected]
Subject: Wall Street worries about swaps


Below, a revealing look at the risks associated with derivatives trading,
particularly the market for credit default swaps, and how the big Wall
Street investment banks are scrambling to self-regulate. Haunted by the
near-miss that was LCTM, the so-called "Fourteen Families" have come
together in order to relieve the pressure for more state intervention from
the SEC and other regulatory agencies, and in their own self-interest.

The WSJ report suggests how dangerously exposed the financial system is. The
huge market lacks both a modern clearing system to process trades as well as
tranparency. There is a big backload of unconfirmed and legally unenforcable
transactions, and borrowers "routinely turn over obligations to a third
party" without the lending counterparty reportedly knowing about it. "The
danger is that with no firm certain who owes what to whom, a minor hiccup
might become a financial calamity with repercussions for the whole
economy." - MG
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