# Your opinion on derivatives?
[2003 - Re: pre-releasing part of the annual letter in Fortune] I was interested in the section on derivatives -- I thought it had a broader audience. It had no relation to Berkshire directly. The primary reason is that I hoped for a wider audience.
Charlie and I think that there is a low but not insignificant probability that at some time -- I don't know when; it could be three years, it could be 20 years -- derivatives could lead to a major problem. The problem grows as derivatives get more complex. We hoped to give a mild wakeup call to the financial world that there's a problem. In the energy sector, derivatives destroyed or almost destroyed institutions that shouldn't have been destroyed. [He mentioned Enron.]
Charlie and I would not know how to regulate it. We have some experience seeing specific dangers in that field and some insight into systemic problems that can arise. People don't want to think about it until it happens, but it is best thought about before it happens.
It's a low probability, but we think a lot about low probability events. We have some experience with Salomon and Gen Re. Charlie saw some things on Salomon's audit committee [that were very risky/questionable].
[CM: In engineering, people have a big margin of safety. But in the financial world, people don't give a damn about safety. They let it balloon and balloon and balloon. It's aided by false accounting. I'm more pessimistic than Warren. I'll be amazed if we don't have some kind of significant blowup in next 5-10 years.
Derivatives are advertised as shedding risk for the system, but they have long crossed the point of decreasing risk and now increase risk. The truth is that Coca Cola could handle risk [I think he was talking about currency exposure], but now with every company transferring risk to very few players, they are all hugely interdependent. Central banks are exposed to weaknesses. If Salomon had failed, the problems for the rest of the system could have been quite significant. When you start concentrating risk in institutions that are highly leveraged, [watch out]. They have big trading departments with people who make a lot of money.
It's not a prediction, it's a warning.
BRK Annual Meeting 2003 Tilson Notes · 2003We don’t think that in any year the chance is very high that derivatives will lead to or greatly accentuate a financial trauma, but we think it’s there.
It’s fascinating to look at a company like Freddie Mac: an institution that dozens of financial analysts were looking at; that had an oversight office; that was created by Congress with committees to oversee it; that had two smart, exceptional board members, Marty Leibowitz and Henry Kaufman; and that had auditors present – yet Freddie misstated earnings by $6 billion in a short time. That’s big money. And a large part of it was facilitated by derivatives. You can go back and read the footnotes, listen to the conference calls, etc. and you wouldn’t have known. In the end, it was $6 billion, but it could have been $12 billion if they’d wanted.
Derivatives can lead to a lot of mischief. When you have a complicated derivative transaction, and a trader with investment house A on one side and investment house B on the other side, and on the day the deal is done, both record a profit, this can lead to mischief – and the scale is getting bigger every day.
I know the managements of many large financial institutions and they don’t have their minds around this. We tried at Gen Re [where we had a small derivative book] and couldn’t.
Whatever problems there were at Salomon [during its crisis years ago], they’re far, far worse now [systemwide].
In 1991, if the government hadn’t reversed himself [in its plans to take actions that would have put Salomon out of business], we were preparing documents [to file for bankruptcy. Had this happened,] We had $1.2 trillion [notional value] of derivative contracts that others were counting on, that would have gone bad. All sorts of securities transactions wouldn’t have settled, accounts in Japan and the UK would have been affected, etc. For instance, Salomon had a relationship with a bank in Germany which took large deposits in Germany and lent the money to Salomon. All kinds of things would have come out. You don’t need to put these strains on a system that’s already highly leveraged.
When you get huge amounts of transactions, which not many people understand, you create a huge problem that may be triggered by an exogenous event.
We use derivatives – we get them collateralized – and we’ve made money on them. But I predict that sometime in the next 10 years, we will have a big problem caused by or exaggerated by derivatives.
[CM: People don’t think about the consequences of the consequences. People start by trying to hedge against interest rate changes, which is very difficult and complicated. Then, the hedges made the results [reported profits] lumpy. So then they use new derivatives to smooth this. Well, now you’ve morphed into lying. This turns into a Mad Hatter’s Party. This happens to vast, sophisticated corporations.
Somebody has to step in and say, “We’re not going to do it -- it’s just too hard.”
It was bonkers and the accountants sold out.]
If you want to have a little fun, go to the annual meeting of a big financial company and ask about the details of a complex transaction. They won’t know – but you can be sure the trader who did it will be well paid for it.
Any time you have situation where smart people can make money by taking risk, you’ll get it.
Derivatives were supposed to spread risk, and some make that argument today. This may be true much of the time, but what about when risk becomes highly concentrated in a few institutions? Coke is better able to take currency risk than most trading desks. Overall, there’s much more risk in the system because of derivatives.
[In response to a shareholder who compared super cat reinsurance risk to derivative risk, Buffett responded:]
The derivative contracts that Gen Re wrote are not similar to the super cat insurance we’re writing. We’re reinsuring personal or business risks others don’t want to or are unable to bear. In our view, it made no sense to be in the derivatives business.
[CM: They’re radically different. Derivatives are full of clauses that say if one party’s credit gets downgraded, then they have to put up collateral. It’s like margin – you can go broke. In attempting to protect themselves, they’ve introduced instability. Nobody seems to have recognition of what a disaster of a system they’ve created. It’s a demented system.
Had Berkshire not bought Gen Re, which was rated AAA, it could have run into terrible financial difficulty post-9/11, especially if they’d recognized their actual liabilities. They would have been downgraded, which could have triggered things in derivative activities which would have triggered coming up with loads of cash.
The system wasn’t built to last. Many CEOs at major financial institutions don’t really comprehend that. When you get margin calls for huge amounts of money, it only has to be one day when you can’t meet it [and you can be forced to file for bankruptcy]. In 1987, there was a large wire transfer that was late arriving at a Chicago brokerage house, and it came close to unraveling the system (the money finally showed up).
BRK Annual Meeting 2004 Tilson Notes · 2004[Q - How dangerous are derivatives to the financial system and what can be done to mitigate potential damage from them?]
We’ve tried to mitigate it [raise warning flags about the dangers of derivatives] a little by talking about it, but realize there is nothing inherently evil about derivatives. We have at least 60 of them and will be discussing them at our upcoming Berkshire board meeting.
Derivatives are expanding rapidly, in more and more imaginative ways. They introduce invisible leverage into the system. In the 1930s, after the crash, the government concluded that leverage contributed to the crash and that it was dangerous. So the U.S. government empowered regulators to deal with this. For decades, they policed it and it was taken seriously when the Fed increased or decreased margin requirements.
But the introduction of derivatives has made any regulation of margin requirements a joke. The regulation still exists, but it’s an anachronism.
I believe that we may not know when it becomes a super danger or when it will end precisely, but I believe it will go on and increase until very unpleasant things happen because of it.
You saw one example of what can happen under forced sales in October 1987. It was driven by portfolio insurance, which was a joke. It was a bunch of stop/loss orders, but done automatically, and it was merchandized. People paid a lot of money for people to teach them how to put in a stop/loss order. When a lot of institutions do this, the effect is pouring gas on a fire. They created a doomsday machine that kept selling and selling.
You can have the same thing today because you have fund operators with billions of dollars – in aggregate, trillions of dollars – who will all respond to the same stimulus. It’s a crowded trade, but they don’t know it and it’s not formal. They will sell for the same reasons. Someday, you will get a very chaotic situation.
As for what could trigger this and when, who knows? Who had any idea that shooting an archduke would start Word War I?
Munger: The accounting being enormously deficient contributes to the risk. If you get paid enormous bonuses based on profits that don’t exist, you’ll keep going. What makes it difficult [to stop] is that most of the accounting profession doesn’t realize how stupidly it’s behaving. One person told me the accounting is better because positions are marked to market and said, “Don’t you want real-time information?” I replied that if you can mark to market to report any level of profits you want, you’ll get terrible human behavior. The person replied, “You just don’t understand accounting.”
Buffett: When we went to close out Gen Re’s derivatives book, we took a $400 million loss on a portfolio that was “marked to market” by the prior management and auditors – and I’m not criticizing our auditor. Any auditor would have said the same. I wish I could have sold to the auditors instead!
Take a dry cleaning business that owes $15. Their books show a $15 accounts payable and the other company shows an offsetting $15 accounts receivable. But there are only four big auditing firms, so in many cases, if they’re auditing my side, the same firm may be valuing or attesting to the value of what’s on the books of the person on the other side. I will guarantee you that if you add up the marks on both sides, they don’t add up to zero. We have 60 or more derivative contracts, and I’ll bet the other side isn’t valuing them like we are. I have no reason to mark the value up – we don’t get paid for that. If I value it at $1 million on our side, the other side should be marking it at minus $1 million, but I guarantee the numbers are widely different. Auditors should check both sides of derivative trades and the “marks” should sum to about zero. They don’t.
Munger: As sure as God made little green apples, this will cause a lot of trouble. This will go on and on, but eventually will cause a big denouement.
BRK Annual Meeting 2007 Tilson Notes · 2007# 你对衍生品怎么看?
[2003 - 关于在《财富》杂志上提前发布部分年度致股东信] 我对其中关于衍生品的那一节很感兴趣——我觉得它面向的读者更广。它和伯克希尔本身并没有直接关系。我之所以这么做,主要是希望让更多人读到。
查理和我认为,存在一种概率虽低却不可忽视的可能:在某个时点——我不知道是何时,可能是 3 年后,也可能是 20 年后——衍生品会引发一场大麻烦。衍生品越复杂,这个问题就越严重。我们希望对金融界发出一记温和的警钟:这里有隐患。在能源行业,衍生品已经摧毁、或几乎摧毁了一些本不该被摧毁的机构。[他提到了安然。]
查理和我都不知道该怎么监管它。我们有过一些经历,亲眼见过这个领域里的具体危险,也对可能由此产生的系统性问题有一些洞察。人们总是不到事发不愿去想,但最好是在事发之前就想清楚。
这是个小概率事件,但我们花了很多心思去想小概率事件。我们在所罗门和通用再保险(Gen Re)上有过一些经历。查理在所罗门审计委员会上看到过一些东西[非常冒险、非常可疑]。
[芒格:在工程领域,人们会留出很大的安全边际。可在金融界,人们对安全毫不在乎。他们任由它一再膨胀、膨胀、再膨胀,还有虚假的会计在推波助澜。我比沃伦更悲观。要是未来 5 到 10 年里我们不爆发某种重大崩盘,我会非常惊讶。
衍生品被宣传成是在为整个系统分散风险,但它们早已越过了降低风险的临界点,如今反而在增加风险。事实是,可口可乐本来有能力承受风险[我想他是在说汇率敞口],可如今每家公司都把风险转嫁给极少数几个玩家,于是它们彼此之间高度相互依赖。各国央行也都暴露在脆弱性之下。倘若所罗门当年倒下,对系统其余部分造成的问题本会相当严重。一旦你开始把风险集中到那些高度杠杆化的机构身上,[就要当心了]。它们都有庞大的交易部门,里面坐着一群赚得盆满钵满的人。
这不是一个预测,而是一个警告。
伯克希尔 2003 年股东大会(Tilson 笔记) · 2003我们并不认为在任何一年里,衍生品引发或大幅加剧一场金融创伤的概率会很高,但我们认为这种可能性确实存在。
看看房地美(Freddie Mac)这样一家公司,实在令人深思:这是一家有几十名金融分析师盯着的机构;它设有监督办公室;它由国会创立,还配有专门的委员会负责监督;它有两位聪明、出色的董事,Marty Leibowitz 和 Henry Kaufman;它也有审计师在场——可房地美却在短时间内把盈利虚报了 60 亿美元。这可是一大笔钱。而其中很大一部分正是借助衍生品做到的。你回头去读那些脚注、去听那些电话会议等等,照样看不出端倪。最后是 60 亿美元,但只要他们愿意,本可以做到 120 亿美元。
衍生品会招来许多乱子。当你有一笔复杂的衍生品交易,一边是投资银行 A 的交易员,另一边是投资银行 B 的交易员,而在成交当天,双方都记下了一笔利润,这就会招来乱子——而且这种规模一天比一天大。
我认识许多大型金融机构的管理层,他们根本没把这事弄明白。我们在通用再保险[那里我们有一小笔衍生品账目]试过,结果也搞不定。
当年所罗门[多年前那场危机中]有过什么问题,如今[在整个系统范围内]都远远、远远地更严重了。
1991 年,要不是政府改了主意[原本打算采取一些会让所罗门关门的行动],我们当时已经在准备文件[去申请破产了。倘若真的发生,]我们手里有 1.2 万亿美元[名义价值]的衍生品合约,是别人指望兑现的,届时都会变成坏账。各种各样的证券交易将无法完成交割,日本和英国的账户会受到波及,如此等等。比方说,所罗门和德国一家银行有业务往来,那家银行在德国吸收大额存款,再把钱借给所罗门。各种各样的事情都会暴露出来。对一个本已高度杠杆化的系统,你没必要再施加这些压力。
当你积累起天量的、没几个人弄得懂的交易时,你就埋下了一个巨大的隐患,它可能被某个外生事件触发。
我们也用衍生品——我们要求它们有抵押品——而且我们靠它们赚过钱。但我预言,在未来 10 年里的某个时点,我们会遇到一个由衍生品引发或放大的大麻烦。
[芒格:人们不会去想后果的后果。一开始,人们想对冲利率变动,这本身就很难、很复杂。然后,这些对冲让业绩[即报告的利润]变得忽高忽低、参差不齐。于是他们又用新的衍生品来抹平这种波动。好了,到这一步你已经演变成在撒谎了。这就变成了一场疯帽匠的茶会。这种事就发生在那些庞大、老练的公司身上。
必须有人站出来说:“我们不干了——这实在太难了。”
整件事简直疯了,而会计师们出卖了原则。]
如果你想找点乐子,就去参加某家大型金融公司的股东大会,问问某笔复杂交易的细节。他们答不上来——但你大可放心,做成那笔交易的交易员,肯定为此拿了一笔丰厚的报酬。
任何时候,只要出现这样一种局面——聪明人可以靠承担风险来赚钱——你就会看到它发生。
衍生品本应分散风险,今天也有人这样辩解。在大多数时候,这也许是对的,可一旦风险高度集中到少数几家机构身上呢?可口可乐承受汇率风险的能力,比大多数交易台都要强。整体而言,正是因为有了衍生品,系统里的风险大得多了。
[针对一位把巨灾再保险风险与衍生品风险相提并论的股东,巴菲特回应道:]
通用再保险所签的那些衍生品合约,与我们正在承保的巨灾保险并不相似。我们再保的是别人不愿意、或没能力承担的个人或企业风险。在我们看来,做衍生品这门生意毫无道理。
[芒格:两者有着天壤之别。衍生品合约里满是这样的条款:一旦一方的信用评级被下调,它就必须追加抵押品。这就像保证金交易——你可能因此破产。在试图保护自己的过程中,他们反而引入了不稳定。似乎没有人意识到,他们造出来的是一套何等灾难性的系统。这是一套疯狂的系统。
倘若伯克希尔当初没有收购评级为 AAA 的通用再保险,它在 9·11 之后本可能陷入可怕的财务困境,尤其是如果它如实确认了自己真正的负债。它会被下调评级,而这又会触发衍生品业务上的连锁反应,进而触发不得不拿出大量现金的局面。
这套系统天生就不是用来长久维系的。许多大型金融机构的 CEO 并不真正明白这一点。当你接到要求追缴巨额保证金的通知时,只要有一天你拿不出钱来[你就可能被迫申请破产]。1987 年,一笔大额电汇晚到了芝加哥的一家券商,险些让整个系统土崩瓦解(那笔钱最终还是到账了)。
伯克希尔 2004 年股东大会(Tilson 笔记) · 2004[Q - 衍生品对金融系统的危险有多大?又能采取什么措施来减轻它们可能造成的破坏?]
我们试着[通过谈论它来]稍稍化解一点[替衍生品的危险敲响警钟],但要明白,衍生品本身并没有什么天生邪恶之处。我们至少持有 60 笔衍生品,而且在即将召开的伯克希尔董事会上还会讨论它们。
衍生品正在迅速膨胀,花样越来越多、越来越天马行空。它们把看不见的杠杆引入了系统。20 世纪 30 年代,那场股灾之后,政府得出结论:杠杆助长了崩盘,是危险的。于是美国政府授权监管者来处理这件事。几十年里,他们一直在管,而每当美联储调高或调低保证金要求时,市场都会认真对待。
可衍生品的出现,已经把任何对保证金要求的监管变成了一个笑话。监管规定还在,却成了一件不合时宜的古董。
我相信,我们也许说不准它何时会变成超级危险、又会在何时确切地结束,但我相信它会持续下去、不断膨胀,直到因它而生的极其糟糕的事情发生为止。
你在 1987 年 10 月就见识过一个例子,看到了强制抛售之下会发生什么。那一回的推手是投资组合保险,那玩意儿就是个笑话。它不过是一堆止损单,只是被自动化执行,还被包装成商品兜售。人们花大价钱请人来教他们怎么下止损单。当许许多多机构都这么做时,效果就像往火上浇汽油。他们造出了一台末日机器,不停地卖、卖、卖。
今天你照样可能遇到同样的事,因为如今有一批管理着数十亿美元——加起来是数万亿美元——的基金操盘手,他们都会对同一个刺激做出反应。这是一笔拥挤的交易,可他们浑然不觉,而且也没有明文的约定。他们会出于同样的理由一起抛售。总有一天,你会遇到一个极其混乱的局面。
至于什么会触发它、又会在何时触发,谁知道呢?当年又有谁想得到,刺杀一位大公会引爆第一次世界大战?
芒格:会计上的严重缺陷加剧了这种风险。如果你能靠那些根本不存在的利润拿到天价奖金,你当然会一直干下去。之所以难[以停下来],是因为大多数会计行业的人根本意识不到自己的行为有多愚蠢。有人对我说,按市价计量(mark to market)让会计变得更好了,还说:“难道你不想要实时信息吗?”我回答说,如果你能通过按市价计量来随心所欲地报出任何水平的利润,你就会催生出极其糟糕的人性行为。那人答道:“你就是不懂会计。”
巴菲特:当我们着手了结通用再保险的衍生品账目时,我们在一个被前管理层和审计师“按市价计量”过的组合上吃了 4 亿美元的亏损——我并不是在批评我们的审计师。换了任何一位审计师都会给出同样的结论。我倒真希望我能把它直接卖给审计师!
假设有一家干洗店欠了 15 美元。它的账上记着一笔 15 美元的应付账款,对方公司的账上则记着一笔与之对冲的 15 美元应收账款。可大型审计师事务所一共就那么四家,所以很多时候,如果它们在审计我这一边,同一家事务所也可能在为对方账上那笔东西估值或出具意见。我可以向你保证,把两边的计量值加起来,绝不会等于零。我们持有 60 多笔衍生品合约,我敢打赌对方对它们的估值跟我们不一样。我没有理由把估值往上调——我们又不会因此拿到报酬。如果我在我们这边把它估为 100 万美元,对方就应该把它记成负 100 万美元,可我保证这两个数字相差甚远。审计师本应核对衍生品交易的两边,那些“计量值”加起来应当大致为零。可它们根本对不上。
芒格:就像上帝必造小青苹果一样确凿无疑,这事终将惹出一大堆麻烦。它会持续下去、再持续下去,但最终会以一场大爆发收场。
伯克希尔 2007 年股东大会(Tilson 笔记) · 2007