Every society and every institution rests heavily
on trust. There is active trust, the result of "trust, but
verify." I call this stage one trust. Then there is stage
two trust, which I call default trust: "Trust, and assume
that someone else has verified." Next, there is stage three
trust, which I call blind trust: "Trust, because there is
nothing else worth trusting." Then there stage four trust,
which I call tooth fairy trust: "Trust, despite all evidence
to the contrary." This form of trust is the foundation of
all Ponzi schemes.
Bernard Madoff took advantage of this final
form of trust. He ran what is said to be a Ponzi scheme of
$50 billion. Or was it only $17 billion? The initial reports
are sketchy.
The magnitude of these numbers boggles the
imagination. How could anyone who is regulated by the Securities
& Exchange Commission run up bogus numbers of $17 billion,
let alone $50 billion?
More to the point, if Madoff could do this,
of what value is the Securities & Exchange Commission? The
SEC in this case has fostered the second form of trust: "Trust,
and assume that someone else has verified." This form of trust
is the most insidious, because it creates a widespread mentality
of trustworthiness when such trust is not deserved. It reduces
the investing public's suspicions.
Whenever widespread regulation by government
agencies lulls investors to sleep, investors make investments
that they would not otherwise make. Managers of what are called
trust funds defer responsibility for doing the necessary due
diligence. They can legally hide behind this excuse: "We invested
our clients' money only in investments regarded as prudent."
Prudent is as prudent does. From October 2007
until today, prudent investments have taken a financial bath.
All the way down, the well-funded investment advisors kept
telling their clients, "Now is not the time to panic. Now
is not the time to sell stocks. Use this as a buying opportunity.
Buy on the dips. Maintain a well-balanced portfolio of stocks
and high-grade corporate bonds. Hold Fannie Mae and Freddie
Mac bonds. They are recognized worldwide."
The hypesters on Tout TV screamed: "This market
is close to the bottom. Buy now!"
Government officials issued no warnings. They
even denied what should have been obvious.
In a
long, detailed, and devastating article in the New
York Times, the authors savage the Bush Administration
for its refusal to do something about Fannie and Freddie as
early as February 2003. The article, in typical Times fashion,
lays no blame on Congress, especially Barney Frank, who promoted
home ownership for low-income constituents who could not possibly
have afforded to buy homes under anything like normal, i.e.,
low-inflationary times.
The article tells the story of Armando Falcon,
Jr., who ran the tiny and impotent Office of Federal Housing
Enterprise Oversight. This was supposed to be an official
verifier. Like virtually all government verifiers, it was
expected never to call attention to problems with anything
remotely connected to the Federal government. These organizations
exist to foster stage two trust: "Trust, and assume that someone
else has verified." The Times reports: "In February
2003, he was finishing a blockbuster report that warned the
pillars could crumble."
Mr. Falcon's report outlined a worst-case situation
in which Fannie and Freddie could default on debt, setting
off "contagious illiquidity in the market" in other
words, a financial meltdown. He also raised red flags about
the companies' soaring use of derivatives, the complex financial
instruments that economic experts now blame for spreading
the housing collapse.
Today, the White House cites that report
and its subsequent effort to better regulate Fannie
and Freddie as evidence that it foresaw the crisis
and tried to avert it. Bush officials recently wrote up
a talking points memo headlined "G.S.E.'s We Told
You So."
But the back story is more complicated. To
begin with, on the day Mr. Falcon issued his report, the
White House tried to fire him.
This was a typical government response. Whistle
blowers are regarded as traitors in every organization. The
government is no exception. Mr. Falcon was blowing the whistle
on a pair of over-leveraged government-related but poorly
regulated organizations. Falcon was the head of an organization
set up to regulate these two massive swindles, but he was
never supposed to blow the whistle. He therefore broke an
unofficial rule. He was going to be taught a lesson.
Mr. Falcon survived, but resigned in 2005.
He was replaced by James Lockhart, an old high school friend
of President Bush. On his watch, Freddie and Fannie purchased
$400 billion in sub-prime loans and alternative mortgages,
marketing these packages to investors. By mid-March, 2007,
both companies faced bankruptcy. But the Treasury Department
did nothing. Treasury now ran policy. Its conclusion: no problem.
But Mr. Lockhart continued to offer reassurances.
In a July appearance on CNBC, he declared that the companies
were well managed and "worsts were not coming to worst."
. . . .
Mr. Lockhart defended himself, insisting
in an interview that he was aware of the companies' vulnerabilities,
but did not want to rattle markets.
"A regulator," he said, "does not air dirty
laundry in public."
This is the heart of the matter. It always
has been. It always will be. Government regulatory agencies
invariably become agents of the organizations that officially
are being regulated. This is the heart of stage two trust:
"Trust, and assume that someone else has verified." This trust
is fostered by the government and by the agencies supposedly
being regulated. The regulatory agencies' real economic function
is to increase trust, where trust is not appropriate, in order
to dupe the public.
At this stage, investors' trust moves to stage
three: "Trust, because there is nothing else worth trusting."
Investors bid up the assets' price. This is the bubble phase
of the market.
STAGE FOUR TRUST
Bernard Madoff was able, on paper paper
issued by his company to generate 15% returns, year
after year. It is not yet clear how he was able to fool accountants.
That he did fool them points to the nature of the beast. We
are living in an economy that is one gigantic Ponzi scheme.
The most famous one is Social Security. It
is known to be a Ponzi scheme by anyone who examines its funding.
This has been known for a generation. No one cares, least
of all government accountants. Medicare is an even larger
Ponzi scheme. Yet Warren
Buffett assures us that the American economy can grow
its way out of the looming unfunded liabilities of these two
organizations. All it will take is a little prudence
an asset which retains its low price in Washington only because
there is so little demand.
When the best and the brightest insist that
there is no major problem with the two largest Ponzi schemes
in history, the public has moved to stage four trust: "Trust,
despite all evidence to the contrary."
Madoff took advantage of a mindset that is
so widespread today that voters, investors, and politicians
not only believe in tooth fairy economics, they take active
steps to ridicule those who call attention to the evidence
to the contrary.
Madoff also understood marketing. The late
Mac Ross once told me this secret of marketing.
There are two ways to market something: the community
college way and Harvard's way. The community college sells
education on the basis of price. "It's the best deal around.
Act now!"
Harvard sells a marginally superior form
of education by telling people that they just don't qualify.
"We aren't going to accept you, but if you really want to
waste your time, you can mail in an application."
Madoff adopted the Harvard approach. Alexandra
Penney, one of his victims, describes her dealings with his
firm. She had become a millionaire author.
I suddenly had a lot of money. I was in my late
40s, and I felt that I was just too old to have it in a
plain old bank account. But I was a creative person, not
a savvy investor, so I asked around and talked to my smartest
friends with Harvard and Wharton MBAs. There appeared to
be a secret society of Madoff investors. A friend who was
older, wealthier, and more established somehow got me in.
I've always had good luck, and I thought it was another
stroke of good fortune to be invested with the legendary
Bernard Madoff.
Ah, yes: access to the inside track! There
is a dream of every wanna-be investor. Find the next Warren
Buffett and let him handle your money. Yes, Buffett's Berkshire
Hathaway can be bought on the New York Stock Exchange. All
it takes is about $100,000 a share. But that is not good enough
for investors in dreams. She wrote: "There appeared to be
a secret society of Madoff investors." Yes, yes, that's it!
Get on the inside!
Every month I got detailed statements, and my
money looked to be growing around 9 to 11 percent. It didn't
seem greedy because I knew other people who were making
15 or 20 percent. I thought, "This is just a very smart
investor."
On the contrary, he was just a very smart con
man a con man who plugged into stage four trust. But
he did not do this on his own. He got a lot of help from the
confidence industry's friends: government agencies that operate
their own Ponzi schemes, creating widespread trust in impossible
dreams.
The woman who was conned by Madoff thought
she was rich. She no longer thinks so. She lived high on the
hog. She no longer will. This scares her.
First, she always wanted to be an artist. She
used her money to buy a studio in New York City. If she ever
made a living with her art, she does not say. It's too late
now. The recession has killed the art market.
The art market, as everyone pretty much knows,
is dead. If I can't sell my work, I am going to have to
find some way to make money.
Indeed, she is. Here
is the former editor of Self magazine who is going
to have to find herself in a competitive environment. This
will not be easy. She must now make adjustments in her lifestyle.
I've lived a great and interesting life.
I love beautiful things: high thread count sheets, old china,
watches, jewelry, Hermes purses, and Louboutin shoes. I
like expensive French milled soap, good wines, and white
truffles. I have given extravagant gifts like diamond earrings.
I traveled a lot. In this last year, I've been Laos, Cambodia,
India, Russia, and Berlin for my first solo art show. Will
I ever be able to explore exotic places again?
Frankly, Ms. Penney, the rest of us really
don't care. We have problems of our own. She goes on.
Since this happened last Thursday, I have barely
left my apartment, I haven't been out for dinner; haven't
bought groceries. Can't remember the last time I ate a full
meal. Food, which is one of my most favorite things in the
world, has become meaningless.
The reality of Ponzi schemes eventually comes
to this, whether the victims are rich or poor. Reality intrudes.
The entire Western world is trapped in a Ponzi
scheme sold by politicians: free lunches in our golden years
of retirement. Social Security will provide this. Socialized
medicine will provide this.
I spoke with a health insurance agent last
week. He had come at my request to discuss Medicare B. This
is the physician-coverage section of Medicare. Medicare A
covers hospitalization. This new Plan B will give me free
prescriptions, which I don't take. It will give me access
to any physician's office at $5 per visit. I will get partial
dental care. All I will pay is about $1,000. In my previous
location, northern Mississippi, my agent said in 2007 the
average payment per enrollee per year was over $6,000. This
is a region with a low cost of living.
This is a Ponzi scheme. As the population ages,
there will be too many recipients and too few new entrants
into the scam. We know what is going to happen. But the best
and the brightest say we are wrong, that everything is covered,
that experts have verified everything, that we will grow out
way out of this.
TRUST IS RUNNING LOW
The stock market in 2008 proved to 401(k) investors
what I had told my readers in March 2000: the stock market
is not going to provide positive returns any longer. The dreams
of millions of investors have not been smashed not
yet. They will be, but not yet. The dreams have been called
into question. There is real doubt that the stock market will
recover fast enough to give investors their golden retirements.
The 401(k) programs are also Ponzi schemes.
They depend, not on economic growth to provide wealth, but
rather new investors in the stock market. Earnings are insufficient
to provide the income required to provide a comfortable retirement.
After deducting fund expenses, until 2008, earnings were zero
or close to it. The dream of easy retirement always rested
on the sale of shares to newcomers. This is Ponzi scheme financing.
American households are net dis-savers today.
They have been for almost a decade. Who is going to buy the
shares of retirees? Not the coming generation.
Trust in stocks as a way to wealth is fading.
This is a good thing, because the trust was always misplaced.
What will replace this fading trust in stocks?
Another problem: When people sell their shares in the final
phase of the falling stock market, pushing stocks lower, who
will buy them? Who will believe that, after nine years of
losses, discounting for price inflation 20002009, that
stocks will ever recover? In final sell-offs, pessimism is
widespread. This pessimism will be justified. Where will the
productivity come from in our new age of monetary base inflation,
corporate bailouts, and trillion-dollar annual Federal deficits?
Who will buy a Chrysler today? Who will buy
General Motors shares? Who will trust the hypesters on Tout
TV, when they say to buy shares? Buy with what? Their viewers
are down 40% or more, and the decline may not be over.
CONCLUSION
The American dream, as with any dream, is based
on trust. But trust, to be maintained, must eventually be
confirmed by reality. The economic reality today is stagnation,
rising unemployment, falling home prices, and bankruptcy.