Author Archives: Michael Froomkin

Citizens Insurance and Other South Florida Public Bodies May Lose Big If State Fund Collapses

I'm not reading much about it in the local newspaper, but I gather from the Tallahassee Democrat that we here in South Florida are at risk of bearing a large share of the losses coming from the collapse and likely fire-sale liquidation of Florida's Local Government Investment Pool (LGIP). And this even though the local county government pulled out its money before the fund temporarily (?) closed redemptions.

The LGIP is a 25-year-old fund that was designed to let local governments, especially smaller ones without investment advisers, to make some short-term returns on tax revenues. The money is supposed to be readily available for payments of bills and payroll, so it's basically a money-market fund for local government. One that has fancy financial advisers, and still ended up holding some dodgy mortgage-backed securities and being long in Countrywide Financial Corp.

Calculated Risk is all over this story. The basic facts of the run on what amounts to a non-bank bank fund are at Bloomberg, Florida Schools Struggle to Pay Teachers Amid Freeze (Update4): The smarter investors pulled out somewhere between $8-$13 billion during the past month. The slower dumber ones are stuck with an illiquid investment of uncertain value — and many of them need the cash for operating expenses.

Add in the unintentionally darkly funny Florida Governments Reject Idea of Accepting Losses on Pool, in which politicians acted as if bluster could replace economic reality,

A newly formed advisory panel composed of Florida school and local government officials with money frozen in a state-run investment pool said they won't accept a return of less than 100 percent of their investment.

Slow-moving parties are left holding the bag, which still has $14 billion invested in it, but much less if you try to take it out. And who are among the top 20 investors in this decaying fund? Why lots of people around here. Of the (nominal) $14 billion left in the fund, a full seventh, $2 billion, was left there by my insurance company, the state insurer of last resort, Citizens Insurance Co. Depending on the size of the losses, I can imagine much higher premiums next year.

Number seven on the top-20 list is the Southwest Florida Water Management District, which has $285.4 million at risk. Miami-Dade Community College, with $146 million, is number 20. Several near-by counties are also on the list, but not it seems Miami-Dade itself, which pulled out its money before the fund stopped permitting withdrawals.

The strangest part of this story is that it does seem like panic is the worst thing that could happen here. From what I can figure out, originally the mortgage-backed paper was only a small percentage of the fund's holdings. As it has been liquidating assets to pay the governments pulling out, the fund has been selling more quality paper than the illiquid stuff. But as a result, the mortgage-backed paper becomes a larger percentage of the remaining holdings, making remaining investors ever-more nervous. Which is why the fund called a halt to redemptions.

At present, it may be that the 'bad' paper (not all of which is necessarily bad — the problem is no one knows so no one wants to buy it at anywhere near face value) is still only 10% of total assets. But it's a bank run: no one is going to put money in here, and everyone has a rational fear of coming at the tail end, when the mortgage-backed securities might be all that is left.

Actually, it's not even all mortgage-backed structured investment vehicles (SIVs):

The fund's $900 million of asset-backed commercial paper that was downgraded to default amounts to 6 percent of its assets. Another $650 million, or 4 percent, is invested in certificates of deposit at Countrywide Bank FSB, a unit of Countrywide Financial Corp. The bank's rating was cut to Baa1, three levels above junk status, by Moody's Investors Service on Aug. 16.

The pool owns $168 million of debt from KKR Atlantic Funding Trust cut to D from B by Fitch Ratings on Oct. 8. It also has $356 million issued by KKR Pacific Funding Trust, cut to D from B by Fitch Ratings on Oct. 2. Fitch said the cut to default on the debt reflected non-payment under the original terms. The debt was restructured to extend the maturities to February and March, and interest payments are continuing.

…Florida's pool has $180 million of paper from Ottimo Funding, cut to D from C by S&P on Nov. 9. S&P said an auction of Ottimo's collateral “did not generate cash proceeds'' to repay the asset-backed commercial paper.

The pool also holds $175 million of short-term debt issued by Axon Financial Funding, the SIV also held by Montana. It was cut to D from C by S&P this week. S&P said Axon failed to pay liabilities maturing Nov. 26, causing an “automatic liquidation event.''

Florida isn't alone here: there are similar problems in many other states.

Oh yes, and PayPal too: PayPal customers' cash exposed to illiquid assets.

Update: And Norway, U.S. Credit Crisis Adds to Gloom in Arctic Norway. Norway?

Posted in Econ & Money: Mortgage Mess, Miami | 1 Comment

Got Lots to Do

Stuff to look into:

  • Open Source Web Design
  • FTC Staff summary of comments on private use of SSNs
  • Anderson v. Commonwealth, 2007 Va. LEXIS 115 (Va. September 14, 2007) (allowing DNA testing on arrest)
  • HSPD-12 the source of the JPL privacy fuss
  • The voice of the London Underground and of British Airports does spoofs — and lost the Tube gig as a result.
  • Biometrics are not a panacea for data loss
  • Miles & Sunstein, The Real World of Arbitrariness Review (“This study, based on an extensive data set, finds that … Democratic appointees are far more likely to vote to invalidate, as arbitrary, conservative agency decisions than liberal agency decisions. Republican appointees are far more likely to invalidate, as arbitrary, liberal agency decisions than conservative agency decisions. Significant panel effects are also observed. Democratic appointees show especially liberal voting patterns on all-Democratic panels; Republican appointees show especially conservative voting patterns on all-Republican panels. Our central findings do not show that judicial votes are dominated by political considerations, but they do raise grave doubts about the claim that hard look review is operating as a neutral safeguard against the errors and biases of federal agencies. Because judicial policy commitments are playing a large role, there is a strong argument for reducing the role of those commitments, and perhaps for softening hard look review.”)
Posted in Linkorama | 1 Comment

Senator Biden Ought to Read the Constitution

My brother's column today, Is Bush Ready to Talk Pullout?, contains the following pointer:

Adam Leech writes in the Portsmouth (Maine) Herald: “Presidential hopeful Delaware Sen. Joe Biden stated unequivocally that he will move to impeach President Bush if he bombs Iran without Congressional approval.

“Biden spoke in front of a crowd of approximately 100 at a Seacoast Media Group forum Thursday, which focused on the Iraq War and foreign policy. When an audience member expressed fear of another war with Iran, he said he does not typically engage in threats, but had no qualms about issuing a direct warning to the oval office.

“'The President has no authority to unilaterally attack Iran and if he does, as foreign relations committee chairman, I will move to impeach,' said Biden, which was followed by a raucous applause.

“Biden said he is in the process of meeting with constitutional law experts to prepare a legal memorandum saying as much, and intends to send it to the President.”

Small problem. The Senate doesn't initiate impeachments. Those have to come from the House of Representatives; the Senate's role is then to judge the merits of the impeachment.

Art. I, Sec. 2, Clause 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Art. I, Sec. 3, Clause 6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Doesn't Biden — a long-serving Senator, and veteran of impeachment trials — know that by now? Was he misquoted, or is he stupid, or does he think we are?

Posted in Law: Constitutional Law | 17 Comments

Got Work to Do

Posted in Linkorama | Comments Off on Got Work to Do

Truly Bad Movie Meme

An anonymous purveyor of electronic chain letters, whom I'm guessing is Ann Bartow, has tagged me with the 'Truly bad movie meme'.

The rules of the game are to “name the worst film I've ever paid money to see”. To show I'm a good sport, I'll play along. Part way. But I don't think I'll 'tag' anyone as that might seem intrusive. Yes, I will break the chain.

As it happens, I am not a movie guy. I resist going, a source of some marital disharmony until the invention of the PC DVD player. So my universe of contenders is small, as I only go out to films if I think the probability of liking them is absurdly high. And I hardly ever watch them on DVD either…

But even in this small universe, it's absolutely no contest. A whole bunch of us in college went to a law school film society showing of a film of considerable legal importance but, it turned out, no redeeming social value whatsoever. Had I not been wedged solidly in the middle of a very long row in a large law school lecture hall I would have walked out after about 15 minutes, but as it was I stayed for the entire ugly and — worse! — boring, boring thing and kept thinking that surely at some point they'd introduce a semblance of plot. Yes, I'm talking about Deep Throat. Horrible. And very hard to see the 'redeeming social value' in it either, which may be one reason why I've never been able to work up enthusiasm for teaching the pornography line of First Amendment cases, even though I still believe that censorship is ultimately more dangerous than cultural drek.

Does this mean Ann will now disown me?

Runner up: the DePalma remake/ripoff of Phantom of the Opera, Phantom of the Paradise. Can't think what possessed me to go to that. Actually, it was the reviews. What did they know.

Posted in Kultcha | 9 Comments

Blastocytes and Legal Logic

The author at SquareState.net:: Anchor Blastocysts has got a good legal argument that I hadn't heard before regarding the movement to classify a fetus as a legal person from the moment of conception. The purpose of the rule is of course to make abortion legally murder. But there will be unanticipated consequences.

If the “Blastocysts are people too!” ballot measure passes in Colorado, the moment any undocumented worker gets pregnant, not only is that Blastocyst a person—it's also an American Citizen!

Aside from the not-so-small point that citizenship is a federal issue and it is not clear from first principles whether the federal rule should or would follow the state rule, there's obviously something powerful about this logic especially if the Colorado model were ever to be adopted on a national basis.

In that case, if a noncitizen female conceives a child in the US, presumably it would be wrong to deport the blastocyte or fetus. And that means we can't deport the mother either. At least until the kid is born after which we are, as news reports from all over show, perfectly willing to deport mothers of small citizens if the mothers lack proper documentation.

I should add that, while powerful, this logic is not inevitable. Anglo-American law has in the past been able to make various distinctions about the unborn. Although not persons for most purposes, the inheritance laws, for example, extended to children “en ventre sa mère” (the absence of the “de” is not a typo; this is Law French, not the real thing). So it remains possible that the same people who deport nursing parents, leaving the citizens to fend for themselves, would have little trouble finding a theory to deport the unborn citizens as well. Pointing to the problems of proving domestic conception (the mind boggles) is only a first step….

Posted in Law: Constitutional Law | 10 Comments