The Typology of Financial Scandals

I. Overview

Also published by United Press International (UPI)

The recent implosion of the global equity markets - from Hong Kong

to New York - engendered yet another round of the semipternal

debate: should central banks contemplate abrupt adjustments in the

prices of assets - such as stocks or real estate - as they do

changes in the consumer price indices? Are asset bubbles indeed

inflationary and their bursting deflationary?

Central bankers counter that it is hard to tell a bubble until it

bursts and that market intervention bring about that which it is

intended to prevent. There is insufficient historical data, they

reprimand errant scholars who insist otherwise. This is

disingenuous. Ponzi and pyramid schemes have been a fixture of

Western civilization at least since the middle Renaissance.

Assets tend to accumulate in "asset stocks". Residences built in the

19th century still serve their purpose today. The quantity of new

assets created at any given period is, inevitably, negligible

compared to the stock of the same class of assets accumulated over

decades and, sometimes, centuries. This is why the prices of assets

are not anchored - they are only loosely connected to their

production costs or even to their replacement value.

Asset bubbles are not the exclusive domain of stock exchanges and

shares. "Real" assets include land and the property built on it,

machinery, and other tangibles. "Financial" assets include anything

that stores value and can serve as means of exchange - from cash to

securities. Even tulip bulbs will do.

In 1634, in what later came o be known as "tulipmania", tulip bulbs

were traded in a special marketplace in Amsterdam, the scene of a

rabid speculative frenzy. Some rare black tulip bulbs changed hands

for the price of a big mansion house. For four feverish years it

seemed like the craze would last forever. But the bubble burst in

1637. In a matter of a few days, the price of tulip bulbs was

slashed by 96%!

Uniquely, tulipmania was not an organized scam with an identifiable

group of movers and shakers, which controlled and directed it. Nor

has anyone made explicit promises to investors regarding guaranteed

future profits. The hysteria was evenly distributed and fed on

itself. Subsequent investment fiddles were different, though.

Modern dodges entangle a large number of victims. Their size and

all-pervasiveness sometimes threaten the national economy and the

very fabric of society and incur grave political and social costs.

There are two types of bubbles.

Asset bubbles of the first type are run or fanned by financial

intermediaries such as banks or brokerage houses. They consist of

"pumping" the price of an asset or an asset class.

The assets concerned can be shares, currencies, other securities and

financial instruments - or even savings accounts. To promise

unearthly yields on one's savings is to artificially inflate the

"price", or the "value" of one's savings account.

More than one fifth of the population of 1983 Israel were involved

in a banking scandal of Albanian proportions. It was a classic

pyramid scheme. All the banks, bar one, promised to gullible

investors ever increasing returns on the banks' own publicly-traded

shares.

These explicit and incredible promises were included in prospectuses

of the banks' public offerings and won the implicit acquiescence and

collaboration of successive Israeli governments. The banks used

deposits, their capital, retained earnings and funds illegally

borrowed through shady offshore subsidiaries to try to keep their

impossible and unhealthy promises. Everyone knew what was going on

and everyone was involved. It lasted 7 years. The prices of some

shares increased by 1-2 percent daily.

On October 6, 1983, the entire banking sector of Israel crumbled.

Faced with ominously mounting civil unrest, the government was

forced to compensate shareholders. It offered them an elaborate

share buyback plan over 9 years. The cost of this plan was pegged

at $6 billion - almost 15 percent of Israel's annual GDP. The

indirect damage remains unknown.

Avaricious and susceptible investors are lured into investment

swindles by the promise of impossibly high profits or interest

payments.

The organizers use the money entrusted to them by new investors to

pay off the old ones and thus establish a credible reputation.

Charles Ponzi perpetrated many such schemes in 1919-1925 in Boston

and later the Florida real estate market in the USA. Hence a "Ponzi

scheme".

In Macedonia, a savings bank named TAT collapsed in 1997, erasing

the economy of an entire major city, Bitola. After much wrangling

and recriminations - many politicians seem to have benefited from

the scam - the government, faced with elections in September, has

recently decided, in defiance of IMF diktats, to offer meager

compensation to the afflicted savers. TAT was only one of a few

similar cases. Similar scandals took place in Russia and Bulgaria in

the 1990's .

One third of the impoverished population of Albania was cast into

destitution by the collapse of a series of nation-wide leveraged

investment plans in 1997. Inept political and financial crisis

management led Albania to the verge of disintegration and a civil

war. Rioters invaded police stations and army barracks and

expropriated hundreds of thousands of weapons.

Islam forbids its adherents to charge interest on money lent - as

does Judaism. To circumvent this onerous decree, entrepreneurs and

religious figures in Egypt and in Pakistan established "Islamic

banks". These institutions pay no interest on deposits, nor do they

demand interest from borrowers. Instead, depositors are made

partners in the banks' - largely fictitious - profits. Clients are

charged for - no less fictitious - losses. A few Islamic banks were

in the habit of offering vertiginously high "profits". They went the

way of other, less pious, pyramid schemes.

They melted down and dragged economies and political establishments

with them.

By definition, pyramid schemes are doomed to failure. The number of

new "investors" - and the new money they make available to the

pyramid's organizers - is limited. When the funds run out and the

old investors can no longer be paid, panic ensues. In a classic "run

on the bank", everyone attempts to draw his money simultaneously.

Even healthy banks - a distant relative of pyramid schemes - cannot

cope with such stampedes. Some of the money is invested long-term,

or lent. Few financial institutions keep more than 10 percent of

their deposits in liquid on-call reserves.

Studies repeatedly demonstrated that investors in pyramid schemes

realize their dubious nature and stand forewarned by the collapse of

other contemporaneous scams. But they are swayed by recurrent

promises that they could draw their money at will ("liquidity") and,

in the meantime, receive alluring returns on it ("capital gains",

"interest payments", "profits").

People know that they are likelier to lose all or part of their

money as time passes. But they convince themselves that they can

outwit the organizers of the pyramid, that their withdrawals of

profits or interest payments prior to the inevitable collapse will

more than amply compensate them for the loss of their money. Many

believe that they will succeed to accurately time the extraction of

their original investment based on - mostly useless and

superstitious - "warning signs".

While the speculative rash lasts, a host of pundits, analysts, and

scholars aim to justify it. The "new economy" is exempt from "old

rules and archaic modes of thinking". Productivity has surged and

established a steeper, but sustainable, trend line. Information

technology is as revolutionary as electricity. No, more than

electricity. Stock valuations are reasonable. The Dow is on its way

to 33,000. People want to believe these "objective, disinterested

analyses" from "experts".

Investments by households are only one of the engines of this first

kind of asset bubbles. A lot of the money that pours into pyramid

schemes and stock exchange booms is laundered, the fruits of illicit

pursuits. The laundering of tax-evaded money or the proceeds of

criminal activities, mainly drugs, is effected through regular

banking channels. The money changes ownership a few times to obscure

its trail and the identities of the true owners.

Many offshore banks manage shady investment ploys. They maintain two

sets of books. The "public" or "cooked" set is made available to the

authorities - the tax administration, bank supervision, deposit

insurance, law enforcement agencies, and securities and exchange

commission. The true record is kept in the second, inaccessible, set

of files.

This second set of accounts reflects reality: who deposited how

much, when and subject to which conditions - and who borrowed what,

when and subject to what terms. These arrangements are so stealthy

and convoluted that sometimes even the shareholders of the bank lose

track of its activities and misapprehend its real situation.

Unscrupulous management and staff sometimes take advantage of the

situation. Embezzlement, abuse of authority, mysterious trades,

misuse of funds are more widespread than acknowledged.

The thunderous disintegration of the Bank for Credit and Commerce

International (BCCI) in London in 1991 revealed that, for the better

part of a decade, the executives and employees of this penumbral

institution were busy stealing and misappropriating $10 billion. The

Bank of England's supervision department failed to spot the rot on

time. Depositors were - partially - compensated by the main

shareholder of the bank, an Arab sheikh. The story repeated itself

with Nick Leeson and his unauthorized disastrous trades which

brought down the venerable and veteran Barings Bank in 1995.

The combination of black money, shoddy financial controls, shady

bank accounts and shredded documents renders a true account of the

cash flows and damages in such cases all but impossible. There is no

telling what were the contributions of drug barons, American off-

shore corporations, or European and Japanese tax-evaders - channeled

precisely through such institutions - to the stratospheric rise in

Wall-Street in the last few years.

But there is another - potentially the most pernicious - type of

asset bubble. When financial institutions lend to the unworthy but

the politically well-connected, to cronies, and family members of

influential politicians - they often end up fostering a bubble.

South Korean chaebols, Japanese keiretsu, as well as American

conglomerates frequently used these cheap funds to prop up their

stock or to invest in real estate, driving prices up in both markets

artificially.

Moreover, despite decades of bitter experiences - from Mexico in

1982 to Asia in 1997 and Russia in 1998 - financial institutions

still bow to fads and fashions. They act herd-like in conformity

with "lending trends". They shift assets to garner the highest

yields in the shortest possible period of time. In this respect,

they are not very different from investors in pyramid investment

schemes.

II. Case Study - The Savings and Loans Associations Bailout

Also published by United Press International (UPI)

Asset bubbles - in the stock exchange, in the real estate or the

commodity markets - invariably burst and often lead to banking

crises. One such calamity struck the USA in 1986-1989. It is

instructive to study the decisive reaction of the administration and

Congress alike. They tackled both the ensuing liquidity crunch and

the structural flaws exposed by the crisis with tenacity and skill.

Compare this to the lackluster and hesitant tentativeness of the

current lot. True, the crisis - the result of a speculative bubble -

concerned the banking and real estate markets rather than the

capital markets. But the similarities are there.

The savings and loans association, or the thrift, was a strange

banking hybrid, very much akin to the building society in Britain.

It was allowed to take in deposits but was really merely a mortgage

bank. The Depository Institutions Deregulation and Monetary Control

Act of 1980 forced S&L's to achieve interest parity with commercial

banks, thus eliminating the interest ceiling on deposits which they

enjoyed hitherto.

But it still allowed them only very limited entry into commercial

and consumer lending and trust services. Thus, these institutions

were heavily exposed to the vicissitudes of the residential real

estate markets in their respective regions. Every normal cyclical

slump in property values or regional economic shock - e.g., a plunge

in commodity prices - affected them disproportionately.

Interest rate volatility created a mismatch between the assets of

these associations and their liabilities. The negative spread

between their cost of funds and the yield of their assets - eroded

their operating margins. The 1982 Garn-St. Germain Depository

Institutions Act encouraged thrifts to convert from mutual - i.e.,

depositor-owned - associations to stock companies, allowing them to

tap the capital markets in order to enhance their faltering net

worth.

But this was too little and too late. The S&L's were rendered unable

to further support the price of real estate by rolling over old

credits, refinancing residential equity, and underwriting

development projects. Endemic corruption and mismanagement

exacerbated the ruin. The bubble burst.

Hundreds of thousands of depositors scrambled to withdraw their

funds and hundreds of savings and loans association (out of a total

of more than 3,000) became insolvent instantly, unable to pay their

depositors. They were besieged by angry - at times, violent -

clients who lost their life savings.

The illiquidity spread like fire. As institutions closed their

gates, one by one, they left in their wake major financial

upheavals, wrecked businesses and homeowners, and devastated

communities. At one point, the contagion threatened the stability of

the entire banking system.

The Federal Savings and Loans Insurance Corporation (FSLIC) - which

insured the deposits in the savings and loans associations - was no

longer able to meet the claims and, effectively, went bankrupt.

Though the obligations of the FSLIC were never guaranteed by the

Treasury, it was widely perceived to be an arm of the federal

government. The public was shocked. The crisis acquired a political

dimension.

A hasty $300 billion bailout package was arranged to inject

liquidity into the shriveling system through a special agency, the

FHFB. The supervision of the banks was subtracted from the Federal

Reserve. The role of the the Federal Deposit Insurance Corporation

(FDIC) was greatly expanded.

Prior to 1989, savings and loans were insured by the now-defunct

FSLIC. The FDIC insured only banks. Congress had to eliminate FSLIC

and place the insurance of thrifts under FDIC. The FDIC kept the

Bank Insurance Fund (BIF) separate from the Savings Associations

Insurance Fund (SAIF), to confine the ripple effect of the meltdown.

The FDIC is designed to be independent. Its money comes from

premiums and earnings of the two insurance funds, not from

Congressional appropriations. Its board of directors has full

authority to run the agency.

The board obeys the law, not political masters. The FDIC has a

preemptive role. It regulates banks and savings and loans with the

aim of avoiding insurance claims by depositors.

When an institution becomes unsound, the FDIC can either shore it up

with loans or take it over. If it does the latter, it can run it and

then sell it as a going concern, or close it, pay off the depositors

and try to collect the loans. At times, the FDIC ends up owning

collateral and trying to sell it.

Another outcome of the scandal was the Resolution Trust Corporation

(RTC). Many savings and loans were treated as "special risk" and

placed under the jurisdiction of the RTC until August 1992. The RTC

operated and sold these institutions - or paid off the depositors

and closed them. A new government corporation (Resolution Fund

Corporation, RefCorp) issued federally guaranteed bailout bonds

whose proceeds were used to finance the RTC until 1996.

The Office of Thrift Supervision (OTS) was also established in 1989

to replace the dismantled Federal Home Loan Board (FHLB) in

supervising savings and loans. OTS is a unit within the Treasury

Department, but law and custom make it practically an independent

agency.

The Federal Housing Finance Board (FHFB) regulates the savings

establishments for liquidity. It provides lines of credit from

twelve regional Federal Home Loan Banks (FHLB). Those banks and the

thrifts make up the Federal Home Loan Bank System (FHLBS). FHFB gets

its funds from the System and is independent of supervision by the

executive branch.

Thus a clear, streamlined, and powerful regulatory mechanism was put

in place. Banks and savings and loans abused the confusing overlaps

in authority and regulation among numerous government agencies. Not

one regulator possessed a full and truthful picture. Following the

reforms, it all became clearer: insurance was the FDIC's job, the

OTS provided supervision, and liquidity was monitored and imparted

by the FHLB.

Healthy thrifts were coaxed and cajoled to purchase less sturdy

ones. This weakened their balance sheets considerably and the

government reneged on its promises to allow them to amortize the

goodwill element of the purchase over 40 years. Still, there were

2,898 thrifts in 1989. Six years later, their number shrank to 1,612

and it stands now at less than 1,000. The consolidated institutions

are bigger, stronger, and better capitalized.

Later on, Congress demanded that thrifts obtain a bank charter by

1998. This was not too onerous for most of them. At the height of

the crisis the ratio of their combined equity to their combined

assets was less than 1%. But in 1994 it reached almost 10% and

remained there ever since.

This remarkable turnaround was the result of serendipity as much as

careful planning. Interest rate spreads became highly positive. In a

classic arbitrage, savings and loans paid low interest on deposits

and invested the money in high yielding government and corporate

bonds. The prolonged equity bull market allowed thrifts to float new

stock at exorbitant prices.

As the juridical relics of the Great Depression - chiefly amongst

them, the Glass-Steagall Act - were repealed, banks were liberated

to enter new markets, offer new financial instruments, and spread

throughout the USA. Product and geographical diversification led to

enhanced financial health.

But the very fact that S&L's were poised to exploit these

opportunities is a tribute to politicians and regulators alike -

though except for setting the general tone of urgency and

resolution, the relative absence of political intervention in the

handling of the crisis is notable. It was managed by the autonomous,

able, utterly professional, largely a-political Federal Reserve. The

political class provided the professionals with the tools they

needed to do the job. This mode of collaboration may well be the

most important lesson of this crisis.

III. Case Study - Wall Street, October 1929

Also published by United Press International (UPI)

Claud Cockburn, writing for the "Times of London" from New-York,

described the irrational exuberance that gripped the nation just

prior to the Great Depression.

As Europe wallowed in post-war malaise, America seemed to have

discovered a new economy, the secret of uninterrupted growth and

prosperity, the fount of transforming technology:

"The atmosphere of the great boom was savagely exciting, but there

were times when a person with my European background felt alarmingly

lonely. He would have liked to believe, as these people believed, in

the eternal upswing of the big bull market or else to meet just one

person with whom he might discuss some general doubts without being

regarded as an imbecile or a person of deliberately evil intent—some

kind of anarchist, perhaps."

The greatest analysts with the most impeccable credentials and track

records failed to predict the forthcoming crash and the

unprecedented economic depression that followed it. Irving Fisher, a

preeminent economist, who, according to his biographer-son, Irving

Norton Fisher, lost the equivalent of $140 million in today's money

in the crash, made a series of soothing predictions. On October 22

he uttered these avuncular statements: "Quotations have not caught

up with real values as yet ... (There is) no cause for a slump ...

The market has not been inflated but merely readjusted..."

Even as the market convulsed on Black Thursday, October 24, 1929 and

on Black Tuesday, October 29 - the New York Times wrote: "Rally at

close cheers brokers, bankers optimistic".

In an editorial on October 26, it blasted rabid speculators and

compliant analysts: ``We shall hear considerably less in the future

of those newly invented conceptions of finance which revised the

principles of political economy with a view solely to fitting the

stock market's vagaries.'' But it ended thus: "(The Federal Reserve

has) insured the soundness of the business situation when the

speculative markets went on the rocks.''

Compare this to Alan Greenspan Congressional testimony this summer:

"While bubbles that burst are scarcely benign, the consequences need

not be catastrophic for the economy ... (The Depression was brought

on by) ensuing failures of policy".

Investors, their equity leveraged with bank and broker loans,

crowded into stocks of exciting "new technologies", such as the

radio and mass electrification. The bull market - especially in

issues of public utilities - was fueled by "mergers, new groupings,

combinations and good earnings" and by corporate purchasing for

"employee stock funds".

Cautionary voices - such as Paul Warburg, the influential banker,

Roger Babson, the "Prophet of Loss" and Alexander Noyes, the eternal

Cassandra from the New York Times - were derided. The number of

brokerage accounts doubled between March 1927 and March 1929.

When the market corrected by 8 percent between March 18-27 -

following a Fed induced credit crunch and a series of mysterious

closed-door sessions of the Fed's board - bankers rushed in. The New

York Times reported: ``Responsible bankers agree that stocks should

now be supported, having reached a level that makes them

attractive.'' By August, the market was up 35 percent on its March

lows. But it reached a peak on September 3 and it was downhill since

then.

On October 19, five days before "Black Thursday", Business Week

published this sanguine prognosis:

"Now, of course, the crucial weaknesses of such periods -- price

inflation, heavy inventories, over-extension of commercial credit --

are totally absent. The security market seems to be suffering only

an attack of stock indigestion... There is additional reassurance in

the fact that, should business show any further signs of fatigue,

the banking system is in a good position now to administer any

needed credit tonic from its excellent Reserve supply."

The crash unfolded gradually. Black Thursday actually ended with an

inspiring rally. Friday and Saturday - trading ceased only on

Sundays - witnessed an upswing followed by mild profit taking. The

market dropped 12.8 percent on Monday, with Winston Churchill

watching from the visitors' gallery - incurring a loss of $10-14

billion.

The Wall Street Journal warned naive investors:

"Many are looking for technical corrective reactions from time to

time, but do not expect these to disturb the upward trend for any

prolonged period."

The market plummeted another 11.7 percent the next day - though

trading ended with an impressive rally from the lows. October 31 was

a good day with a "vigorous, buoyant rally from bell to bell". Even

Rockefeller joined the myriad buyers. Shares soared. It seemed that

the worst was over.

The New York Times was optimistic:

"It is thought that stocks will become stabilized at their actual

worth levels, some higher and some lower than the present ones, and

that the selling prices will be guided in the immediate future by

the worth of each particular security, based on its dividend record,

earnings ability and prospects. Little is heard in Wall Street these

days about 'putting stocks up.'"

But it was not long before irate customers began blaming their

stupendous losses on advice they received from their brokers. Alec

Wilder, a songwriter in New York in 1929, interviewed by Stud Terkel

in "Hard Times" four decades later, described this typical exchange

with his money manager:

"I knew something was terribly wrong because I heard bellboys,

everybody, talking about the stock market. About six weeks before

the Wall Street Crash, I persuaded my mother in Rochester to let me

talk to our family adviser. I wanted to sell stock which had been

left me by my father. He got very sentimental: 'Oh your father

wouldn't have liked you to do that.' He was so persuasive, I said

O.K. I could have sold it for $160,000. Four years later, I sold it

for $4,000."

Exhausted and numb from days of hectic trading and back office

operations, the brokerage houses pressured the stock exchange to

declare a two day trading holiday. Exchanges around North America

followed suit.

At first, the Fed refused to reduce the discount rate. "(There) was

no change in financial conditions which the board thought called for

its action." - though it did inject liquidity into the money market

by purchasing government bonds. Then, it partially succumbed and

reduced the New York discount rate, which, curiously, was 1 percent

above the other Fed districts - by 1 percent. This was too little

and too late. The market never recovered after November 1. Despite

further reductions in the discount rate to 4 percent, it shed a

whopping 89 percent in nominal terms when it hit bottom three years

later.

Everyone was duped. The rich were impoverished overnight. Small time

margin traders - the forerunners of today's day traders - lost their

shirts and much else besides. The New York Times:

"Yesterday's market crash was one which largely affected rich men,

institutions, investment trusts and others who participate in the

market on a broad and intelligent scale. It was not the margin

traders who were caught in the rush to sell, but the rich men of the

country who are able to swing blocks of 5,000, 10,000, up to 100,000

shares of high-priced stocks. They went overboard with no more

consideration than the little trader who was swept out on the first

day of the market's upheaval, whose prices, even at their lowest of

last Thursday, now look high by comparison ...

To most of those who have been in the market it is all the more awe-

inspiring because their financial history is limited to bull

markets."

Overseas - mainly European - selling was an important factor. Some

conspiracy theorists, such as Webster Tarpley in his "British

Financial Warfare", supported by contemporary reporting by the likes

of "The Economist", went as far as writing:

"When this Wall Street Bubble had reached gargantuan proportions in

the autumn of 1929, (Lord) Montagu Norman (governor of the Bank of

England 1920-1944) sharply (upped) the British bank rate,

repatriating British hot money, and pulling the rug out from under

the Wall Street speculators, thus deliberately and consciously

imploding the US markets. This caused a violent depression in the

United States and some other countries, with the collapse of

financial markets and the contraction of production and employment.

In 1929, Norman engineered a collapse by puncturing the bubble."

The crash was, in large part, a reaction to a sharp reversal,

starting in 1928, of the reflationary, "cheap money", policies of

the Fed intended, as Adolph Miller of the Fed's Board of Governors

told a Senate committee, "to bring down money rates, the call rate

among them, because of the international importance the call rate

had come to acquire. The purpose was to start an outflow of gold -

to reverse the previous inflow of gold into this country (back to

Britain)." But the Fed had already lost control of the speculative

rush.

The crash of 1929 was not without its Enrons and World.com's.

Clarence Hatry and his associates admitted to forging the accounts

of their investment group to show a fake net worth of $24 million

British pounds - rather than the true picture of 19 billion in

liabilities. This led to forced liquidation of Wall Street positions

by harried British financiers.

The collapse of Middle West Utilities, run by the energy tycoon,

Samuel Insull, exposed a web of offshore holding companies whose

only purpose was to hide losses and disguise leverage. The former

president of NYSE, Richard Whitney was arrested for larceny.

Analysts and commentators thought of the stock exchange as decoupled

from the real economy. Only one tenth of the population was invested

- compared to 40 percent today. "The World" wrote, with more than a

bit of Schadenfreude: "The country has not suffered a catastrophe

... The American people ... has been gambling largely with the

surplus of its astonishing prosperity."

"The Daily News" concurred: "The sagging of the stocks has not

destroyed a single factory, wiped out a single farm or city lot or

real estate development, decreased the productive powers of a single

workman or machine in the United States." In Louisville, the "Herald

Post" commented sagely: "While Wall Street was getting rid of its

weak holder to their own most drastic punishment, grain was

stronger. That will go to the credit side of the national prosperity

and help replace that buying power which some fear has been gravely

impaired."

During the Coolidge presidency, according to the Encyclopedia

Britannica, "stock dividends rose by 108 percent, corporate profits

by 76 percent, and wages by 33 percent. In 1929, 4,455,100 passenger

cars were sold by American factories, one for every 27 members of

the population, a record that was not broken until 1950.

Productivity was the key to America's economic growth. Because of

improvements in technology, overall labour costs declined by nearly

10 percent, even though the wages of individual workers rose."

Jude Waninski adds in his tome "The Way the World Works" that

"between 1921 and 1929, GNP grew to $103.1 billion from $69.6

billion. And because prices were falling, real output increased even

faster." Tax rates were sharply reduced.

John Kenneth Galbraith noted these data in his seminal "The Great

Crash":

"Between 1925 and 1929, the number of manufacturing establishments

increased from 183,900 to 206,700; the value of their output rose

from $60.8 billions to $68 billions. The Federal Reserve index of

industrial production which had averaged only 67 in 1921 ... had

risen to 110 by July 1928, and it reached 126 in June 1929 ... (but

the American people) were also displaying an inordinate desire to

get rich quickly with a minimum of physical effort."

Personal borrowing for consumption peaked in 1928 - though the

administration, unlike today, maintained twin fiscal and current

account surpluses and the USA was a large net creditor.

Charles Kettering, head of the research division of General Motors

described consumeritis thus, just days before the crash: “The key to

economic prosperity is the organized creation of dissatisfaction.”

Inequality skyrocketed. While output per man-hour shot up by 32

percent between 1923 and 1929, wages crept up only 8 percent. In

1929, the top 0.1 percent of the population earned as much as the

bottom 42 percent. Business-friendly administrations reduced by 70

percent the exorbitant taxes paid by those with an income of more

than $1 million. But in the summer of 1929, businesses reported

sharp increases in inventories. It was the beginning of the end.

Were stocks overvalued prior to the crash? Did all stocks collapse

indiscriminately? Not so. Even at the height of the panic, investors

remained conscious of real values. On November 3, 1929 the shares of

American Can, General Electric, Westinghouse and Anaconda Copper

were still substantially higher than on March 3, 1928.

John Campbell and Robert Shiller, author of "Irrational Exuberance",

calculated, in a joint paper titled "Valuation Ratios and the Lon-

Run Market Outlook: An Update" posted on Yale University' s Web

Site, that share prices divided by a moving average of 10 years

worth of earnings reached 28 just prior to the crash. Contrast this

with 45 on March 2000.

In an NBER working paper published December 2001 and tellingly

titled "The Stock Market Crash of 1929 - Irving Fisher was Right",

Ellen McGrattan and Edward Prescott boldly claim:

"We find that the stock market in 1929 did not crash because the

market was overvalued. In fact, the evidence strongly suggests that

stocks were undervalued, even at their 1929 peak."

According to their detailed paper, stocks were trading at 19 times

after-tax corporate earning at the peak in 1929, a fraction of

today's valuations even after the recent correction. A March 1999

"Economic Letter" published by the Federal Reserve Bank of San-

Francisco wholeheartedly concurs. It notes that at the peak, prices

stood at 30.5 times the dividend yield, only slightly above the long

term average.

Contrast this with an article published in June 1990 issue of the

"Journal of Economic History" by Robert Barsky and Bradford De Long

and titled "Bull and Bear Markets in the Twentieth Century":

"Major bull and bear markets were driven by shifts in assessments of

fundamentals: investors had little knowledge of crucial factors, in

particular the long run dividend growth rate, and their changing

expectations of average dividend growth plausibly lie behind the

major swings of this century."

Jude Waninski attributes the crash to the disintegration of the pro-

free-trade coalition in the Senate which later led to the notorious

Smoot-Hawley Tariff Act of 1930. He traces all the important moves

in the market between March 1929 and June 1930 to the intricate

protectionist danse macabre in Congress.

This argument may never be decided. Is a similar crash on the cards?

This cannot be ruled out.

The 1990's resembled the 1920's in more than one way. Are we ready

for a recurrence of 1929? About as we were prepared in 1928. Human

nature - the prime mover behind market meltdowns - seemed not to

have changed that much in these intervening seven decades.

Will a stock market crash, should it happen, be followed by another

"Great Depression"? It depends which kind of crash. The short term

puncturing of a temporary bubble - e.g., in 1962 and 1987 - is

usually divorced from other economic fundamentals. But a major

correction to a lasting bull market invariably leads to recession or

worse.

As the economist Hernan Cortes Douglas reminds us in "The Collapse

of Wall Street and the Lessons of History" published by the

Friedberg Mercantile Group, this was the sequence in London in 1720

(the infamous "South Sea Bubble"), and in the USA in 1835-40 and

1929-32.

The Shadowy World of International Finance

Strange, penumbral, characters roam the boardrooms of banks in the

countries in transition. Some of them pop apparently from nowhere,

others are very well connected and equipped with the most excellent

introductions. They all peddle financial transactions which are too

good to be true and often are. In the unctuously perfumed

propinquity of their Mercedesed, Rolex waving entourage - the

polydipsic natives dissolve in their irresistible charm and the

temptations of the cash: mountainous returns on capital, effulgent

profits, no collaterals, track record, or business plan required.

Total security is cloyingly assured.

These Fausts roughly belong to four tribes:

The Shoppers

These are the shabby operators of the marginal shadows of the world

of finance. They broker financial deals with meretricious sweat only

to be rewarded their meagre, humiliated fees. Most of their deals do

not materialize. The principle is very simple:

They approach a bank, a financial institution, or a borrower and

say: "We are connected to banks or financial institutions in the

West. We can bring you money in the form of credits. But to do that

- you must first express interest in getting this money. You must

furnish us with a bank guarantee / promissory note / letter of

intent that indicates that you desire the credit and that you are

willing to provide a liquid financial instrument to back it up.".

Having obtained such instruments, the shoppers begin to "shop

around". They approach banks and financial institutions (usually, in

the West). This time, they reverse their text: "We have an excellent

client, a good borrower. Are you willing to lend to it?" An informal

process of tendering ensues. Sometimes it ends in a transaction and

the shopper collects a small commission (between one quarter of a

percentage point and two percentage points - depending on the

amount). Mostly it doesn't -and the Flying Dutchman resumes his

wanderings looking for more venal gulosity and less legal probity.

The Con-Men

These are crooks who set up elaborate schemes ("sting operations")

to extract money from unsuspecting people and financial

institutions. They establish "front" or "phantom" firms and offices

throughout the world. They tempt the gullible by offering them

enormous, immediate, tax-free, effort-free, profits. They let the

victims profit in the first round or two of the scam. Then, they

sting: the victims invest money and it evaporates together with the

dishonest operators.

The "offices" are deserted, the fake identities, the forged bank

references, the falsified guarantees are all exposed (often with the

help of an inside informant).

Probably the most famous and enduring scam is the "Nigerian-type

Connection". Letters - allegedly composed by very influential and

highly placed officials - are sent out to unsuspecting businessmen.

The latter are asked to make their bank accounts available to the

former, who profess to need the third party bank accounts through

which to funnel the sweet fruits of corruption.

The account owners are promised huge financial rewards if they

collaborate and if they bear some minor-by-comparison upfront costs.

The con-men pocket these "expenses" and vanish. Sometimes, they even

empty the accounts of their entire balance as they evaporate.

The Launderers

A lot of cash goes undeclared to tax authorities in countries in

transition. The informal economy (the daughter of both criminal and

legitimate parents) comprises between 15% (Slovenia) and 50%

(Russia, Macedonia) of the official one. Some say these figures are

a deliberate and ferocious understatement. These are mind boggling

amounts, which circulate between financial centres and off shore

havens in the world: Cyprus, the Cayman Islands, Liechtenstein

(Vaduz), Panama and dozens of aspiring laundrettes.

The money thus smuggled is kept in low-yielding cash deposits. To

escape the cruel fate of inflationary corrosion, it has to be

reinvested. It is stealthily re-introduced to the very economy that

it so sought to evade, in the form of investment capital or other

financial assets (loans and credits). Its anxious owners are

preoccupied with legitimising their stillborn cash through the

conduit of tax-fearing enterprises, or with lending it to same. The

emphasis is on the word: "legitimate". The money surges in through

mysterious and anonymous foreign corporations, via off-shore banking

centres, even through respectable financial institutions (the Bank

of New York we mentioned?). It is easy to recognize a laundering

operation. Its hallmark is a pronounced lack of selectivity.

The money is invested in anything and everything, as long as it

appears legitimate. Diversification is not sought by these nouveau

tycoons and they have no core investment strategy. They spread their

illicit funds among dozens of disparate economic activities and show

not the slightest interest in the putative yields on their

investments, the maturity of their assets, the quality of their

newly acquired businesses, their history, or real value. Never the

sedulous, they pay exorbitantly for all manner of prestidigital

endeavours. The future prospects and other normal investment

criteria are beyond them. All they are after is a mirage of

lapidarity.

The Investors

This is the most intriguing group. Normative, law abiding,

businessmen, who stumbled across methods to secure excessive yields

on their capital and are looking to borrow their way into increasing

it. By cleverly participating in bond tenders, by devising ingenious

option strategies, or by arbitraging - yields of up to 300% can be

collected in the immature markets of transition without the normally

associated risks. This sub-species can be found mainly in Russia and

in the Balkans.

Its members often buy sovereign bonds and notes at discounts of up

to 80% of their face value. Russian obligations could be had for

less in August 1998 and Macedonian ones during the Kosovo crisis. In

cahoots with the issuing country's central bank, they then convert

the obligations to local currency at par (=for 100% of their face

value). The difference makes, needless to add, for an immediate and

hefty profit, yet it is in (often worthless and vicissitudinal)

local currency.

The latter is then hurriedly disposed of (at a discount) and sold to

multinationals with operations in the country of issue, which are in

need of local tender. This fast becomes an almost addictive

avocation.

Intoxicated by this pecuniary nectar, the fortunate, those privy to

the secret, try to raise more capital by hunting for financial

instruments they can convert to cash in Western banks. A bank

guarantee, a promissory note, a confirmed letter of credit, a note

or a bond guaranteed by the Central Bank - all will do as deposited

collateral against which a credit line is established and cash is

drawn. The cash is then invested in a new cycle of inebriation to

yield fantastic profits.

It is easy to identify these "investors". They eagerly seek

financial instruments from almost any local bank, no matter how

suspect. They offer to pay for these coveted documents (bank

guarantees, bankers' acceptances, letters of credit) either in cash

or by lending to the bank's clients and this within a month or more

from the date of their issuance. They agree to "cancel" the locally

issued financial instruments by offering a "counter-financial-

instrument" (safe keeping receipt, contra-guarantee, counter

promissory note, etc.). This "counter-instrument" is issued by the

very Prime World or European Bank in which the locally issued

financial instruments are deposited as collateral.

The Investors invariably confidently claim that the financial

instrument issued by the local bank will never be presented or used

(which is true) and that this is a risk free transaction (which is

not entirely so).

If they are forced to lend to the bank's clients, they often ignore

the quality of the credit takers, the yields, the maturities and

other considerations which normally tend to interest lenders very

much.

Whether a financial instrument cancelled by another is still valid,

presentable and should be honoured by its issuer is still debated.

In some cases it is clearly so. If something goes horribly (and

rarely, admittedly) wrong with these transactions - the local bank

stands to suffer, too.

It all boils down to a terrible hunger, the kind of thirst that can

be quelled only by the denominated liquidity of lucre. In the post

nuclear landscape of this part of the world, a fantasy is shared by

both predators and prey. Circling each other in marble temples, they

switch their roles in dizzying progression. Tycoons and politicians,

industrialists and bureaucrats all vie for the attention of Mammon.

The shifting coalitions of well groomed man in back stabbed suits,

an hallucinatory carousel of avarice and guile. But every circus

folds and every luna park is destined to shut down. The dying music,

the frozen accounts of the deceived, the bankrupt banks, the

Jurassic Park of skeletal industrial beasts - a muted testimony to a

wild age of mutual assured destruction and self deceit. The future

of Eastern and South Europe. The present of Russia, Albania and

Yugoslavia.

Treasure Island Revisited

On Maritime Piracy

The rumors concerning the demise of maritime piracy back in the 19th

century were a tad premature. The scourge has so resurged that the

International Maritime Board (IMB), founded by the International

Chamber of Commerce (ICC) in 1981, is forced to broadcast daily

piracy reports to all shipping companies by satellite from its Kuala

Lumpur Piracy Reporting Center, established in 1992 and partly

funded by maritime insurers. The reports carry this alarming

disclaimer:

"For statistical purposes, the IMB defines piracy and armed robbery

as: An act of boarding or attempting to board any ship with the

apparent intent to commit theft or any other crime and with the

apparent intent or capability to use force in the furtherance of

that act. This definition thus covers actual or attempted attacks

whether the ship is berthed, at anchor or at sea. Petty thefts are

excluded, unless the thieves are armed."

The 1994 United Nations Convention on the Law of the Sea defines

piracy as "any illegal acts of violence or detention, or any act of

depredation, committed by individuals (borne aboard a pirate vessel)

for private ends against a private ship or aircraft (the victim

vessel)." When no "pirate vessel" is involved - for instance, when

criminals embark on a ship and capture it - the legal term is

hijacking.

On July 8, seven pirates, armed with long knives attacked an officer

of a cargo ship berthed in Chittagong port in Bangladesh, snatched

his gold chain and watch and dislocated his arm. This was the third

such attack since the ship dropped anchor in this minacious port.

Three days earlier, in Indonesia, similarly-armed pirates escaped

with the crew's valuables, having tied the hands of the duty

officer. Pirates in small boats stole anodes from the stern of a

bulk carrier in Bangladesh. Others, in Indonesia, absconded with a

life raft.

The pirates of Guyana are either unlucky or untrained. They were

consistently scared off by flares hurled at them and alarms set by

vigilant hands on deck. A Colombian band, riding a high speed boat,

attempted to board a container ship. Warring parties in Somalia

hijacked yet another ship last month.

A particularly egregious case - and signs of growing sophistication

and coordinated action - is described in the July 1-8 report of the

IMB:

"Six armed pirates boarded a chemical tanker from a small boat and

stole ship's stores. Another group of pirates broke in to engine

room and stole spare parts. Thefts took place in spite of the ship

engaging three shore security watchmen." Piracy incidents have been

reported in India, Malaysia, Philippines, Thailand, Vietnam, the Red

Sea, the Gulf of Aden, Nigeria, Brazil, Colombia, Dominican

Republic, Ecuador, Peru, Venezuela.

According to the ICC Year 2001 Piracy Report, more than 330 attacks

on seafaring vessels were reported last year - down by a quarter

compared to 2000 but 10 percent higher than 1999 and four times the

1991 figure. Piracy rose 40 percent between 1998 and 1999 alone.

Sixteen ships - double the number in 2000 - were captured and taken

over. Eighty seven attacks were reported during the first quarter of

this year - up from 68 in the corresponding period last year. Seven

of these were hijackings - compared to only 1 in the first quarter

of 2001. Nine of every 10 hijacked ships are ultimately recovered,

often with the help of the IMB.

Many masters and shipowners do not report piracy for fear of delays

due to protracted investigations, increased insurance premiums, bad

publicity, and stifling red tape. The number of unreported attacks

in 1999 was estimated by the World Maritime Piracy Report to be 130.

According to "The Economist", the IMO believes that half of all

incidents remain untold. Still, increased patrols and international

collaboration among law enforcement agencies dented the clear upward

trend in maritime crime - even in the piracy capital, Indonesia.

The number of incidents in the pirate-infested Malacca Straits

dropped from 75 to 17 last year - though the number of crew "kidnap

and ransom" operations, especially in Aceh, has increased. Owners

usually pay the "reasonable" amounts demanded - c. $100,000 per

ship. Contrary to folklore, most ships are attacked while at anchor.

Twenty one people, including passengers, were killed last year - and

210 taken hostage. Assaults involving guns were up 50 percent to 73

- those involving mere knives down by a quarter to 105. Piracy seems

to ebb and flow with the business cycles of the host economies. The

Asian crisis, triggered by the freefall of the Thai baht, gave a

boost to East Asian maritime robbers. So did the debt crises of

Latin America a decade earlier. Drug transporters - armed with light

aircraft and high speed motorboats - sometimes double as pirates

during the dry season of crop growth.

Pirates endanger ship and crew. But they often cause collateral

damage as well. Pirates have been known to dump noxious cargo into

the sea, or tie up the crew and let an oil tanker steam ahead, its

navigational aides smashed, or tamper with substances dangerous to

themselves and to others, or cast crew and passengers adrift in tiny

rafts with little food and water.

Many shipowners resorted to installing on-board satellite tracking

systems, such as Shiploc, and aircraft-like "black boxes". A

bulletproof life vest, replete with an integral jagged edged knife,

was on display in the millennium exhibition at the Millennium Dome

two years ago. The International Maritime Organization (IMO) is

considering to compel shipowners to tag their vessels with visibly

embossed numbers in compliance with the Safety of Life at Sea

Convention.

The IMB also advises shipping companies to closely examine the

papers of crew and masters, thousands of whom carry forged

documents.

In 54 maritime administrations surveyed last year by the Seafarers'

International Research Centre, Cardiff University in Wales, more

than 12,000 cases of forged certificates of competency were

unearthed.

Many issuing authorities are either careless or venal or both. The

IMB recently accused the Coast Guard Office of Puerto Rico for

issuing 500 such "suspicious" certificates. The Chinese customs and

navy - especially along the southern coast - have often been accused

of working hand in glove with pirates.

False documents are an integral - and crucial - part of maritime

piracy. The IMB says:

"Many of the phantom ships that set off to sea with a cargo and then

disappear are sailed by crewmen with false passports and competency

certificates. They usually escape detection by the port authorities.

In a recent case of a vessel located and arrested in South-East Asia

further to IMB investigations, it has emerged that all the senior

officers had false passports. The ship's registry documents were

also false."

As documents go electronic and integrated in proprietary or common

cargo tracking systems, such forgery will wane. Bolero - an

international digital bill of lading ledger - is backed by the

European Union, banks, shipping and insurance companies. The IMO is

a proponent of a technology to apply encrypted "digital signatures"

to electronic bills of lading. Still, the industry is highly

fragmented and many ships and ports don't even possess rudimentary

information technology.

The protection afforded by the likes of Bolero is at least a decade

away.

Pirates sometimes work hand in hand with conspiring crew members

(or, less often, stowaways). In many countries - in East Asia, Latin

America, and Africa - Coast Guard operatives, corrupt drug agents,

and other law enforcement officials, moonlight as pirates. Renegade

members of British trained Indonesian anti-piracy squads are still

roaming the Malacca Straits.

Pirates also enjoy the support of an insidious and vast network of

suborned judges and bureaucrats. Local villagers along the coasts of

Indonesia and Malaysia - and Africa - welcome pirate business and

provide the perpetrators with food and shelter.

Moreover, large tankers, container ships, and cargo vessels are

largely computerized and their crew members few. The value of an

average vessel's freight has increased dramatically with

improvements in container and oil storage technologies. "Flag of

convenience" registration has assumed monstrous proportions,

allowing ship owners and managers to conceal their identity

effectively. Belize, Honduras, and Panama are the most notorious, no

questions asked, havens.

Piracy has matured into a branch of organized crime. Hijacking

requires money, equipment, weapons, planning, experience and

contacts with corrupt officials. The loot per vessel ranges from $8

million to $200 million.

Pottengal Mukundan, Director of ICC's Commercial Crime Services

states, in a recent IMB press release:

"(Piracy) typically involves a mother ship from which to launch the

attacks, a supply of automatic weapons, false identity papers for

the crew and vessel, fake cargo documents, and a broker network to

sell the stolen goods illegally. Individual pirates don't have these

resources. Hijackings are the work of organized crime rings."

The IMB describes the aftermath of a typical hijacking:

"The Global Mars has probably been given a new name and repainted.

Armed with false registration papers and bills of lading, the

pirates - or more likely the mafia bosses pulling the strings - will

then try to dispose of their booty. The vessel has probably put in

to a port where the false identity of vessel and cargo may escape

detection. Even when identified, the gangs have been known to bribe

local officials to allow them to sell the cargo and leave the port."

Such a ship is often "recycled" a few times. It earns its operators

an average of $40-50 million per "cycle", according to "The

Economist". The pirates contract with sellers or shipping agents to

load it with a legitimate consignment of goods or commodities. The

sellers and agents are unaware of the true identity of the ship, or

of its unsavory "owners/managers".

The pirates invariably produce an authentic vessel registration

certificate that they acquired from crooked officials - and provide

the sellers or agents with a bill of lading. The payload is then

sold to networks of traders in stolen merchandise or to gullible

buyers in a different port of destination - and the ship is ready

for yet another round.

This January, the Indonesian Navy has permanently stationed six

battleships in the Malacca Straits, three of them off the coast of

the secessionist region of Aceh. A further 20-30 ships and 10

aircraft conduct daily patrols of the treacherous traffic lane. Some

200-600 ships cross the Straits daily. A mere 50 ships or so are

boarded and searched every month.

The Greek government has gunboats patrolling the 2 miles wide Corfu

Channel, where yachts frequently fall prey to Albanian pirates.

Brazil has imposed an unpopular anti-piracy inspection fee on

berthing vessels and used the proceeds to finance a SWAT team to

protect ships and their crews while in port. Both India and Thailand

have similar units.

International cooperation is also on the rise. About one third of

the world's shipping traffic goes through the South China Sea. A

conference convened by Japan in March 2000 - Japanese vessels have

become favored targets of piracy in the last few years - pushed for

the ratification of the International Maritime Organisation's (IMO)

1988 Rome Convention on the Suppression of Unlawful Acts against the

Safety of Maritime Navigation by Asian and ASEAN countries.

The Convention makes piracy an extraterritorial crime and, thus,

removes the thorny issue of jurisdiction in cases of piracy carried

in another country's territorial waters or out on the high seas. The

Comite Maritime International - the umbrella organization of

national maritime law associations - promulgated a model anti-piracy

law last year.

Though it rejected Japan's offer for collaboration, in a sharp

reversal of its previous policy, China started handing down death

sentences against murderous pirates. The 13 marauders who seized the

Cheung Son and massacred its 23 Chinese sailors were executed two

years ago in the southern city of Shanwei. Another 25 people

received long prison sentences. The - declared - booty amounted to a

mere $300,000.

India and Iran - two emerging "pirates safe harbor" destinations -

have also tightened up sentencing and port inspections. In the

Alondra Rainbow hijacking, the Indian Navy captured the Indonesian

culprits in a cinematic chase off Goa. They were later sentenced

severely under both the Indian Penal Code and international law.

Even the junta in Myanmar has taken tentative steps against

compatriots with piratical predilections.

Law enforcement does not tolerate a vacuum. "The Economist" reports

about two private military companies - Marine Risk Management and

Satellite Protection Services (SPS) - which deploy airborne

mercenaries to deal with piracy. SPS has even suggested to station

2500 former Dutch marines in Subic Bay in the Philippines - for a

mere $2500 per day per combatant.

Shipowners are desperate. Quoted by "The Economist", they "suggest

that the region’s governments negotiate the right for navies to

chase pirates across national boundaries: the so-called “right of

hot pursuit”. So far, only Singapore and Indonesia have negotiated

limited rights. Some suggest that the American navy should be

invited into territorial waters to combat piracy, a “live” exercise

it might relish. At the very least, countries such as Indonesia

should advertise which bits of their territorial waters at any time

are patrolled and safe from pirates. No countries currently do

this."

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