2008 Market Crisis: Black Swan, Perfect Storm or Tipping Point? By Anthony H. Catanach, Jr. and Julie Anne Ragatz Buzzwords make it possible to deflect responsibility for the financial cataclysm. I t has become increasingly common to label catastrophic events as black swans, perfect storms and tipping points. During the past decade alone, financial professionals have assigned the black swan moniker to the 1998 collapse of Long Term Capital Management; the 2000 dot-com bubble; the 2005 housing bubble; and, more recently, the financial market crisis.1 Similarly, the major accounting and auditing scandals at Enron, WorldCom, Tyco, Adelphia, HealthSouth, etc., have been attributed to a perfect storm of factors that contributed to a decline in reliable corporate financial statements.2 Others suggest that these corporate reporting failures resulted from auditors being pushed “past the tipping point” to such an extent that professionalism and independence rules simply were not enough to ensure audit quality.3 In addition, just this past August, the American Accounting Association adopted “Accounting at a Tipping Point” as its annual meeting theme due to uncertainties surrounding the adoption of fair-value accounting and international financial reporting standards. When crises occur today, common responses include deflection, defense, blame and cover-up, behaviors that increasingly are accepted as a means to protect individual and organizational interests.4 So, the labeling of a catastrophic event as a black swan, perfect storm or tipping point may be an attempt to deflect or obscure responsibility from those parties whose behavior contributed to the cataclysm. After all, if the event could not be predicted, or its causes were so unique, then how could anyone be held accountable for contributing to its occurrence? Deflecting blame is now so routine that it is one of the “Top 10 Workplace Dysfunctions.”5 Despite the potentially negative way these terms may be used 20 BANK ACCOUNTING & FINANCE to avoid accountability or responsibility, however, they actually might provide some useful insights into problem resolution, particularly the 2008 financial market crisis. Which was it: black swan, perfect storm or tipping point? This article examines which of these three terms (Exhibit 1) best describes the financial crisis and what we can learn to prevent a future financial meltdown. Exhibit 1. How to Describe the Financial Crisis Black swan A low-probability, high-impact occurrence that can be either positive or negative in its effect, that is prospectively unpredictable but that everybody could see coming after it occurs. Perfect storm An unexpected dramatic event resulting from a confluence of unpredictable circumstances. No individual contributing factor is powerful enough to create the resulting “storm”; collectively, their confluence creates an effect that is exponentially more devastating and unimaginable. Tipping point The moment when an unfamiliar idea or behavior crosses some imperceptible threshold and suddenly spreads with the “speed of a bush fire.” Anthony H. Catanach, Jr. is an Associate Professor in the financial services strategic initiatives group at the Villanova School of Business, Villanova, Pennsylvania, and the Cary M. Maguire Fellow at the American College Center for Ethics in Financial Services, Bryn Mawr, Pennsylvania. Contact him at anthony.catanach@villanova.edu. Julie Anne Ragatz is a Pre-Doctoral Fellow at The American College Center for Ethics in Financial Services. Contact her at julieanne.ragatz@theamericancollege.edu. APRIL–MAY 2010 Black Swan, Perfect Storm or Tipping Point? Black Swans A black swan event is a low-probability, high-impact occurrence that can be either positive or negative in its effect. A black swan is prospectively unpredictable, but everybody could see it coming after it occurs.6 It generally is agreed that the widespread use of derivatives in asset securitization transactions contributed significantly to last fall’s financial crisis. However, institutions and market regulators have known the risks imposed by these financial reengineering tools for years. In 1996, Peter L. Bernstein wrote the following about derivatives usage at that time: Every single day, they [major money center banks, top-tier investment bankers, and insurance companies] are involved in millions of transactions involving trillions of dollars in a complex set of arrangement whose smooth functioning is essential. The margin for error is miniscule … everyone is aware of the dangers inherent in this situation, from the management of each institution on up to the governmental regulatory agencies that supervise the system.7 Even Warren Buffet expressed an opinion on derivatives in the 2002 Berkshire Hathaway Annual Report: The derivatives genie is now well out of the bottle, and these instruments will almost certainly multiply in variety and number until some event makes their toxicity clear. Central banks and governments have so far found no effective way to control, or even monitor, the risks posed by these contracts. In my view, derivatives are financial weapons of mass destruction [emphasis added], carrying dangers that, while now latent, are potentially lethal.8 The Financial Services Modernization Act and subsequent deregulation of financial services also likely played a role in the recent financial crisis as historic barriers between insurance, investment banking and commercial banking were erased. Financial service companies expanded business lines with little oversight over systemic risks to the economy. But even the risks of this deregulation were foreseen. Representative John Dingell (D-MI) warned that the law was creating a group of institutions that will APRIL–MAY 2010 not just be “big banks” but “big everything.” He also cautioned: Under this legislation, the whole of the regulatory structure is so obfuscated and so confused that liability in one area is going to fall over into liability in the next. You are going to find that they [financial institutions] are too big to fail, so the Fed is going to be in and other federal agencies are going to be in to bail them out. Just expect that.9 Given Bernstein’s and Buffet’s warnings about a future derivatives catastrophe, as well Dingell’s concerns about financial services deregulation, the recent financial crisis cannot be classified a black swan event, if one is well versed in business risk and financial market operations. Perfect Storm Sebastian Junger introduced the term “perfect storm” to the popular vernacular in his best-selling book of the same name, which depicted a 1991 battle between a fishing vessel’s crew and a nor’easter. This unexpectedly powerful storm resulted from a confluence of unpredictable circumstances: warm air from a low-pressure system coming from one direction, a flow of cool and dry air generated by a high pressure from another direction and tropical moisture provided by Hurricane Grace. The perfect storm premise is that none of these factors was individually powerful enough to create the resulting storm; when they came together, however, their confluence created an effect that was exponentially more devastating than anyone could have imagined. Recently, many have labeled the recent financial crisis a perfect storm to explain how seemingly ordinary events could combine to wreak such havoc on the global financial system.10 According to Ali Velshi, CNN’s chief business correspondent, “It was a perfect storm … it was a lack of regulation, it was greed and creativity in the financial industry, and it was an American dream that got off track.”11 Even Russian Prime Minister Vladimir Putin in a keynote speech at the 2009 World Economic Forum told delegates that the crisis constituted a “perfect storm.”12 But was the 2008 financial crisis really a perfect storm? BANK ACCOUNTING & FINANCE 21 Black Swan, Perfect Storm or Tipping Point? Exhibit 2. 2008 Financial Crisis Causal Factors Economic policy The Federal Reserve lowered interest rates after the 2000 collapse of the technology industry and cut rates further in the aftermath of 9/11. Clinton and Bush administrations encouraged credit for marginal applicants to expand home ownership. Fannie Mae and Freddie Mac purchased billions of mortgage-backed securities to further affordable housing goals. Super–low-interest rates fueled home borrowing and rising real estate values until the summer of 2006, when property values dropped, teaser-rate ARMs repriced and delinquencies began. Bank strategy Large banks struggled with their business strategies (how to add value to customers and differentiate themselves in the marketplace). They created new loan products to meet and fuel loan demand for mortgages (the option ARM, subprime loans) and increasingly relied on loan securitization volume to generate fees and commissions. Big banks financed subprime lenders either through direct ownership, credit agreements or securitized loan purchases. Derivatives Credit default swaps (insurance contracts) fueled the demand for mortgage-backed bonds, allowing conservative institutional investors such as pension funds and insurance companies to buy “safe” securities. Hedge funds purchased higher-yielding riskier tranches comprised of questionable loans, thus promoting “sloppy” mortgage lending. Deregulation The 1999 Financial Services Modernization Act eliminated barriers between insurance, investment banking and commercial banking. The 2000 Commodity Futures Modernization Act exempted over-the-counter derivatives (for example, credit default swaps) from regulation by the Commodity Futures Trading Commission. In 2001, U.S. banking regulators created incentives for banks to buy highly rated mortgage-backed securities. This was done by reducing the capital requirement for these assets from 80 percent to 60 percent. Oversight Credit rating agencies provided their highest credit ratings to collateralized debt products comprised of toxic subprime mortgages. Bank and securities regulators were unable to adequately monitor the deregulated markets due to resource constraints, political pressures and the complexities associated with new financial products. The U.S. Treasury shattered investor confidence in the capital markets by permitting the collapse of Lehman Brothers. Investors had assumed a too-big-to-fail policy would be supported by global governments. Accounting In 2007, fair-value reporting was mandated for financial assets of all publicly traded U.S. companies. Its implementation triggered massive bank write-downs of mortgage loans and securities based on subjective valuations that many cite as causing or exacerbating the crisis. To address this question, the unpredictable circumstances contributing to the storm must be identified. During the past year many causes have been cited, all of which can be classified into six general categories: questionable economic policies, weak bank strategies, inappropriate derivative usage, mismanaged deregulation, lax oversight and new accounting (Exhibit 2). The federal government provided the fuel for the storm in several ways. First, the Federal 22 BANK ACCOUNTING & FINANCE Reserve provided a low-interest-rate environment that promoted home borrowing and increased real estate values. In addition, both the Clinton and Bush administrations encouraged credit extension to marginal borrowers for expanded home ownership. This regular fuel became high-octane when the government deregulated the financial services industry in 1999, then exempted credit default swaps from regulation and finally gave banks incentives to APRIL–MAY 2010 Black Swan, Perfect Storm or Tipping Point? invest in mortgage securities through relaxed capital regulations (that is, the recourse rule). The increasingly competitive and newly deregulated financial services industry highlighted the weaknesses in big bank strategies. Forced to compete almost exclusively on price given their homogeneous product offerings, these institutions struggled with how to differentiate themselves while stabilizing deteriorating margins. Not surprisingly, they were more than willing to help meet the market’s demand for mortgage loans and were very receptive to any new product offering that could create new revenues. Option adjustable-rate mortgages (ARMs), subprime loans and the related securitization work seemed to arrive just in time. The advent of credit default swaps to enhance the credit quality of questionable mortgage loan products—coupled with the huge demand for highly rated securities by institutional investors, foreign companies and governments and hedge funds—eliminated any hesitancy to participate in sloppy mortgage lending. A lack of oversight allowed this mortgage frenzy to build. Credit rating agencies failed to evaluate collateralized debt products properly and often bestowed their highest ratings even on the riskiest pools of loans. Auditors and regulators also appeared to have missed the risks inherent in these transactions due to inexperience with complex financial instruments, a “form-over-substance” perspective prevalent within the accounting industry, and an unwillingness to potentially disrupt the financial markets by issuing “negative” reports. In fact, at a recent academic conference sponsored by a large global accounting firm, the current director of the firm’s U.S. practice, and former lead partner for the firm’s assurance practice, noted that his firm “did not want to be so conservative [in their accounting and auditing], so as to disrupt the capital markets.”13 As if this were not enough, in 2007 the Financial Accounting Standards Board issued its fair-value reporting rule requiring all publicly traded U.S. companies to report their financial assets at fair value. This very subjective and complex new standard was rolled out just as the financial crisis was unfolding, prompting significant mortgage asset write-downs. All of this helped build the perfect storm. But was this a perfect storm? As originally used, the term “perfect storm” requires a confluence of factors that together magnify the consequences of APRIL–MAY 2010 each factor considered independently. Clearly, each of the causal factors listed in Exhibit 2 would have affected the global financial markets in some way. What is less clear is whether the individual effects of each would have all been negative. Even had they been, it is difficult to imagine that the sum of their individual outcomes would have come close to approximating the financial catastrophe witnessed in 2008. Would subprime lending and mortgage securitization have been so voluminous had economic policy been more restrictive and interest rates significantly higher? Would the negative effects of mortgage security write-downs prompted by poor underwriting and fair-value reporting be so dramatic had deregulation not provided both opportunities and incentives for banks to invest in such assets? Would credit default swaps have been such a problem had securitization of subprime loans been significantly less? While it appears that the financial market crisis of 2008 may indeed have been a perfect storm, the analogy seems to fail on one starkly simple fact. The storm that battered the Andrea Gail in 1991 was a single natural event exacerbated by other natural occurrences that could not have been predicted or controlled. In the 2008 debacle, what was the singular economic event whose intensity was magnified by other market factors? There was none. Instead, all of the factors listed in Exhibit 2 interacted with each other to create a financial catastrophe. Therefore, the 2008 crisis was not the result of a perfect storm. Tipping Point As for tipping point, Malcolm Gladwell, the term’s creator, views this as the moment when an unfamiliar idea or behavior crosses some imperceptible threshold and suddenly spreads with the “speed of a bush fire.” Prior to the tipping point, many things may be moving in that direction, unnoticed. At some point in time they converge in a particular way to create a tipping point.14 In the case of our recent financial crisis, what exactly was the tipping point? As with our perfect storm analysis, the tipping point is not obvious. The tipping point may have occurred when the true risks of investing in subprime-mortgage-backed securities manifested themselves. This likely occurred in summer 2006 when the monthly average fixed rate BANK ACCOUNTING & FINANCE 23 Black Swan, Perfect Storm or Tipping Point? for a 30-year mortgage rose to 6.76 percent. These higher rates quickly cooled off the mortgage market; soon thereafter, property values began their decline. Simultaneously, millions of ARMs and subprime mortgages began to reset from their initial belowmarket teaser rates, causing loan delinquencies to rise as home owner monthly mortgage payments soared. Increasing loan defaults prompted mortgage security investors to call in their insurance (credit default swaps) if they had it. Some banks demanded that the mortgage origination companies repurchase the defaulting loans according to contractual agreements. Many of the larger loan originators, however, lacked sufficient reserves to buy back the failing loans from Wall Street investment banks. Investors that relied exclusively on the AAA ratings to guide their purchase decision found the market values of their portfolios battered by credit-quality declines and increasing interest rates. This all initiated a race to the exit that appears to have started with the interest-rate increases of mid-2006: the tipping point. Observations What can we learn from this exercise? Identifying key crisis events and then distinguishing between causal and exacerbating factors is critical. Separating causal factors from those that make a situation worse is critical not only to developing appropriate solutions but also to prevent expending resources fighting the wrong battle. While many blame the expansion of subprime lending for the recent crisis, our analysis suggests that subprime lending by itself could not have created a crisis of this magnitude, just as an ordinary storm would not have doomed the Andrea Gail. It took a low–interest rate environment, a newly deregulated industry searching for innovative products and lax regulatory oversight to make subprime lending the problem that it became. Therefore, recent legislation passed by the U.S. House of Representatives, while well intentioned, may be missing the mark. A proposed Consumer Financial Protection Agency would write rules and examine banks for compliance with consumer protection policies on mortgages and other loan products.15 Presumably, this legislation would eradicate the evils of subprime lending, but how will it affect lending to economically disadvantaged groups and minorities? Have policy makers considered the potential 24 BANK ACCOUNTING & FINANCE adverse effects of ARMs, particularly teaser-rate clauses, on borrowers with marginal credit quality? Should financial institutions be allowed to transfer their interest rate risk to the economically disadvantaged through ARMs? Perhaps fixed-rate mortgage products would be more practical for those with uncertain and/or inconsistent cash flow streams. In short, have the side effects of the subprime cure been fully assessed? Similarly, many target derivatives as causing the 2008 meltdown. While it is true that credit default swaps increased the demand for mortgage-backed securities, particularly those backed by subprime loans, these insurance contracts blew up only because the insuring parties did not establish adequate loss reserves and could not deliver on their promises to pay. This is no different than large property and casualty insurers delaying or failing to pay claims to policyholders related to the Katrina disaster. Derivative contracts provide us with a tried and tested, centuries-old risk management technique. The dilemma is how to preserve these valuable tools, while addressing the potential systemic risk these financial instruments can create in our global capital markets. Fortunately, initial congressional resistance to derivatives use appears to have reversed itself. In fact, the financial-overhaul bill passed by the House of Representatives in December 2009, while still imposing rules on how these financial instruments are traded and cleared, is much less restrictive than originally proposed.16 Nevertheless, legislative and regulatory attention is warranted into how issuers of credit default swaps (that is, the insuring party) compute and report related loss reserves. Future Directions Significant progress continues in addressing the policy, regulatory and oversight issues associated with the 2008 financial crisis. To address the economic policy crisis factors, Congress has proposed stripping the Federal Reserve of its powers to write consumer protection laws. It also plans on “auditing” the Federal Reserve’s monetary policy decisions.17 In addition, financial institution capital standards continue to be revisited both domestically and internationally. Particular attention is being paid to increasing risk weightings, asset/ APRIL–MAY 2010 Black Swan, Perfect Storm or Tipping Point? liability limits based on the business model rather than on simple capital ratios and contingent capital and dynamic provisioning. As for oversight, rating agency reform proposals include “eliminating conflicts of interest between agencies and issuers, returning to an ‘investor-pays’ model, distinguishing between ratings of corporate debt and structured financial products, and promoting new entrants to the credit-rating business.”18 However, a significant problem remains in the accounting domain: fairvalue reporting. The Real Problem with Fair Values Although standard setters have issued additional implementation guidance for fair-value reporting subsequent to 2007, much of it stemming from the crisis itself, little has been done to address the flexibility that managements have in computing fair values. In fact, Mark W. Olson, chairman of the Public Company Accounting Oversight Board (PCAOB), has cited preparer bias as a major audit challenge and fair-value accounting as a “heightened audit risk.”19 The potential “problem values” are those associated with assets for which quoted market prices do not exist. For these assets, managers can “create” values based on their own assumptions. Consequently, fair-value accounting gives managers yet another tool to manipulate balance sheets and reported earnings. In addition, fair values add a complexity to the reporting process beyond the scope of most corporate accounting departments. Many companies now outsource their valuation tasks to consultants who likely do not fully understand their client’s business model or the related valuation implications. Also problematic is the lack of independent oversight over management’s valuation assumptions. While regulators and investors undoubtedly will look to a company’s independent auditor to verify reported fair values, the recent financial crisis once again raises questions about the ability of the largest global accounting firms to provide effective oversight of reported fair values. How could the largest global accounting firms (Big Four) fail to alert the public of asset valuation problems that caused a financial market to collapse? APRIL–MAY 2010 It is no coincidence that the move to fair-value accounting has occurred simultaneously with attempts by the Big Four to reduce their legal liabilities for poor-quality audits. Unable to secure legislative relief in the United States through tort reform, the Big Four have used their significant influence to make generally accepted accounting principles more subjective and judgmental. By doing so, they reduce their exposure to future lawsuits since their audits devolve into reviews of management valuation assumptions rather than the actual transaction verification that the public expects. Clearly, the effectiveness of the independent auditor’s report has been diminished by the move to fair-value reporting. The result is a very dangerous situation in which the incentives of both a reporting company and its auditor are now aligned in favor of fair-value reporting. Companies favor it because they can create their own values and manage earnings, and their auditors appreciate it because it is much more difficult to assess audit quality where judgments are involved. What makes this legislative and regulatory silence on the fair-value accounting issue all the more deafening is that in October 2008, the Department of the Treasury issued a report filled with many constructive recommendations on how to improve the auditing profession. While many of the report’s findings and solutions mirrored action calls made during the past 30 years, the committee did make one very important recommendation that specifically recognized problems with today’s audits introduced by fair-value reporting. The committee urged the PCAOB to “consider improvements to the auditor’s standard reporting model,” because of the increased complexity in financial reporting resulting from the growing use of judgments and estimates, including those related to fair-value measurements. However, no action has been taken on this recommendation. As the Congress continues crafting legislative and regulatory responses to our nation’s financial crisis, lawmakers should consider supplementing fair-value accounting with historical cost data. Standard setters have attempted to compensate for the lack of measurement objectivity of fair values by requiring extensive disclosures of how such amounts are derived. However, they have omitted any requirement that historical costs for these fair-value assets also be reported. Supplementary disclosure of historical cost could highlight major BANK ACCOUNTING & FINANCE 25 Black Swan, Perfect Storm or Tipping Point? disparities between cost and fair value, potentially mitigating management incentives to overstate fair values or auditor overreliance on management or consultant valuation assumptions. The strength of this proposal is its simplicity. Moreover, it is easy to adopt and relatively costless to the investing public and the existing regulatory structure. This disclosure will make a meaningful and lasting contribution to improving financial reporting transparency and ethical business decision making. 4 5 6 7 Nothing Special or Unusual If the 2008 financial market crisis was neither a black swan nor a perfect storm, what was it? Nothing special or unusual, according to Iain Martin: 8 9 10 At root, the causes of the financial crisis were boringly old-fashioned and predictable. An excess of cheap money, pumped out for too long, inflated a bubble and encouraged wild behavior on the part of governments, financiers and many consumers. The novelty came with the complex instruments designed inside banks, which too few of those using them properly understood.20 11 12 13 14 Increasingly, many appear to agree with Martin’s perspective. In fact, Federal Reserve Bank officials now openly refer to the recent financial crisis as the burst of a “housing-and-credit bubble” and are actively pursuing regulatory and monetary strategies for preventing such bubbles in the future.21 Clearly, much work must be done over the next decade to reengineer our financial markets and their supporting regimes to inoculate our global markets against black swans, perfect storms and tipping points. Nassim Taleb, the author of the The Black Swan, warns that “this crisis cannot be fixed with makeshift repairs.”22 Endnotes 1 2 3 See, for example, Jim Quinn, Black Swan Nation—Compliments of Alan Greenspan, www.hermes-press.com/BlackSwanNation.htm, May 13, 2009. Alan Reinstein and Jeffery J. McMillan, The Enron Debacle: More Than a Perfect Storm, CRITICAL PERSPECTIVES ON ACCOUNTING 15 (2004), at 955–70. Robert J. Sack and Mark E. Haskins, Of Fiddlers and Tunes, 26 BANK ACCOUNTING & FINANCE 15 16 17 18 19 20 21 22 CPA J., June 2003, at 10. See, for example, The Paradoxical Nature of Crisis, REV. BUSINESS , Fall 2000, www.entrepreneur.com/tradejournals/article/ print/73183462.html. Roxanne Emmerich, Top 10 Workplace Dysfunctions—And How to Terminate Them, AM. CHRONICLE, May 5, 2009, available at www.americanchronicle.com/articles/view/101452. Allen Web, Taking Improbable Events Seriously: An Interview with the Author of The Black Swan, MCKINSEY QUARTERLY, Dec. 2008, at 47. Peter L. Bernstein, The Fantastic System of Side Bets, AGAINST THE GODS (Wiley, 1996). 2002 Berkshire Hathaway Annual Report, at 15. John Dunbar, Meltdown 101: Subprime Mortgages and the Road to Financial Ruin, www.publicintegrity.org/investigations/economic_meltdown/articles/entry/1306/#, May 6, 2009. See, for example, Manav Tanneeru, How a “Perfect Storm” Led to the Economic Crisis, www.cnn.com/2009/US/01/29/economic. crisis.explainer/index.html. Id. Simon Hooper, Putin: Financial Crisis is “Perfect Storm,” http:// edition.cnn.com/2009/BUSINESS/01/28/davos.wef.wedsnesday. wrap/index.html. PricewaterhouseCoopers Educators Symposium, New York, NY, Aug. 2009. The Tipping Point, 366 ECONOMIST 8305 (Jan. 4, 2003), at 48. Damian Paletta and Robin Sidel, House Strikes at Wall Street, WALL ST.J., http://online.wsj.com/article/SB126055726422487665. html, Dec. 14, 2009. Randall Smith and Sarah N. Lynch, How Overhauling Derivatives Died, WALL ST. J., http://online.wsj.com/article/SB1000142 4052748704718204574616470817688220.html, Dec. 28, 2009. Supra note 13. Future of Finance, WALL ST. J., Special Edition, Dec. 14, 2009, available at http://online.wsj.com/article/SB100014240527487048 25504574585990301357738. Mark W. Olson, Chairman of the Public Company Accounting Oversight Board, remarks at the Annual Washington Conference of the Institute for International Bankers, www.pcaobus. org/News_and_Events/Events/2008/Speech/03-03_Olson.aspx, Mar. 3, 2008. Iain Martin, Farewell to a Decade of Debt and Disaster, WALL ST. J., http://online.wsj.com/article/SB1000142405274870439830457 4598350918417532.html, Dec. 15, 2009. Jon Hilsenrath, Fed Debates New Role: Bubble Fighter, WALL ST. J., http://online.wsj.com/article/SB125970281466871707.html, Dec. 2, 2009. Nassim Nicholas Taleb, Ten Principles for a Black Swan-ProofWorld, FIN’L TIMES, Apr. 8, 2009, at 13. 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