The International Swaps and Derivatives Association (ISDA) is the “regulatory” body who determines when a default occurs for a financial instrument backed by credit default swaps (CDS). Why is this so important? The five largest banks in the U.S. control 97% of all CDS’s. If a default on a Greek Bond occurs, the CDS or “insurance” must pay up. Each bank’s liability of credit default swaps exceeds their capital structure. They would owe more than they could pay thus they would have to file for bankruptcy. Therefore, it is in the banks’ best interest for there to be no “default” proclaimed. Get the picture?
Who is the ISDA? From their brochure:
Since its founding in 1985, the International Swaps and Derivatives Association (ISDA) has focused on making the over-the-counter (OTC) derivatives markets safe and efficient.
Who is the current Chairman of ISDA? Stephen P. O’Connor is global head of the Counterparty Portfolio Management division at Morgan Stanley. O’Connor also serves as a member of the board of directors of the International Swaps and Derivatives Association. It was announced that he would be named chairman of ISDA on Apr. 14, 2011 at the organization’s annual general meeting in Prague. Mr. O’Connor is charged with oversight of the very institution he works for?
Here’s the short story of the problem. Greece is in dire straits and it is negotiating with the bondholders of its national debt to take a 50% haircut (loss) on the bonds they hold. These bondholders bought insurance (CDS) for this very reason. They wanted to be insured in case Greece defaulted and they paid their premiums for these swaps. The issuers (large banks) booked the profit and took bonuses for the money they made on issuing the swaps. Sweet!
All is well with the banks unless a default of the Greek bonds is declared. Who determines this? The ISDA Determinations Committee. Who makes up the Determinations Committee? Generally the banks who issued the swaps! Here is a recent decision made by the Determinations Committee: http://www.isda.org/dc/docs/AEJ_Determinations_Committee_Decision_01052012.pdf If a default occurs, the insurance pays and makes the bondholder whole on the investment. Otherwise, the bondholder assumes the loss even though he paid his insurance premiums.
From the outside looking in, this is the epitome of unbalanced weights and measures AND partiality of judgment, both acts of sin from a Scriptural standpoint. If the Determinations Committee who is charged with deciding the fate of Greek Bonds will not declare a default at 50%, at what level will a default occur? It may have to go to 0. By that time, we will be in full global meltdown of the financial house of cards. Complexity will give way to simplicity.
Do you think the wolf will really guard the hen house?