inside job
Transcription
inside job
THE FILM THAT COST OVER $20,000,000,000,000 TO MAKE THE GLOBAL ECONOMIC CRISIS OF 2008 COST TENS OF MILLIONS OF PEOPLE THEIR SAVINGS, THEIR JOBS, CANNES AND THEIR HOMES. FILM FESTIVAL THIS IS HOW IT HAPPENED. TORONTO FILM FESTIVAL FILM FESTIVAL INSIDE JOB TELLURIDE FILM FESTIVAL FILM FESTIVAL NEW YORK FILM FESTIVAL FILM FESTIVAL THE OFFICIAL TEACHER’S GUIDE A FILM BY CHARLES FERGUSON DEVELOPED BY PROFESSOR FRANK PARTNOY, THE GEORGE E. BARRETT PROFESSOR OF LAW AND FINANCE AT THE UNIVERSITY OF SAN DIEGO SCHOOL OF LAW Note to Teachers put it, “If you’re not enraged by the end of this movie, you weren’t paying attention.” The people at Sony Pictures Classics asked me to write this teacher’s guide to help provide some content and lesson plans for teachers interested in showing Inside Job as part of their classes. I have included four lesson plans to be used in conjunction with the film. These lessons will help your students to connect the film to important financial issues that touch their lives. They are designed to assess several important questions that your students inevitably will confront in the future. The material is designed to be flexible. The topics are modular, and the lesson plans can build on each other, or be used alone. They can be used with the entire film, or just selections. You should feel free to print and duplicate these materials for your students and colleagues. They are available for free on this website: www.sonyclassics.com/insidejob. Each lesson is designed for about 50 minutes of class time, though you easily could devote more or less time. I hope you and your students enjoy watching Inside Job and that you find the materials in this guide to be a provocative and useful way to engage your students in a conversation about the past, present, and future of our economy. Inside Job, the critically acclaimed movie by Academy Award nominated filmmaker, Charles Ferguson, is the definitive film about the economic crisis of 2008 and the role of Wall Street in modern society. It is a substantive and entertaining film that is ideal for educational purposes. I have shown it to my class, and I encourage you to show it to yours. The film is sweeping and non-partisan in its critique, and covers both the historical roots of the crisis and the central flaws of global financial regulation. It includes comprehensive coverage of the major financial players at the center of the recent boom and bust. The film draws heavily on interviews with a “Who’s Who” of financial markets, including major financial insiders, politicians, journalists, and academics. (I have a very small part as well). These interviews, and the film’s engaging and provocative narrative by Matt Damon, will introduce your students to key financial issues, economic history, and current debates and news about the markets. Inside Job is colorful and comprehensive, and is guaranteed to generate lively discussion among your students. As Time magazine About Frank Partnoy The University of Chicago Law Review, and The Journal of Finance. His recent books include Infectious Greed: How Deceit and Risk Corrupted the Financial Markets, a leading corporate law casebook, and The Match King: Ivar Kreuger, The Financial Genius Behind a Century of Wall Street Scandals, about the 1920s markets and Ivar Kreuger, who many consider the father of modern financial schemes. Professor Partnoy also has been a consultant to many major corporations, banks, pension funds, and hedge funds regarding various aspects of financial markets and regulation. You can find out more about Professor Partnoy at his website, www.frankpartnoy.com, where there are descriptions of his books and links to some of his recent articles and media appearances (including his interviews with Jon Stewart on The Daily Show and Terry Gross on NPR’s Fresh Air). Professor Frank Partnoy is the George E. Barrett Professor of Law and Finance and the founding director of the Center for Corporate and Securities Law at the University of San Diego. He is one of the world’s leading experts on the complexities of modern finance and financial market regulation. He worked as a derivatives structurer at Morgan Stanley and CS First Boston during the mid-1990s and wrote F.I.A.S.C.O.: Blood in the Water on Wall Street, a best-selling book about his experiences there. Since 1997, he has been a law professor at the University of San Diego, and an expert writing and speaking about markets to Congress, regulators, academics, and investors. He has written numerous opinion pieces for The New York Times and the Financial Times, and more than two dozen scholarly articles published in academic journals including The University of Pennsylvania Law Review, 1 Before Viewing the Film Tell your students that although the basic function of financial markets is straightforward – to match people who have money with people who need money – the way finance and Wall Street actually operate can get very complicated. Learning about the financial crisis will be a bit like learning a foreign language, so you should talk about a few terms that are common in the markets, and in Inside Job. Some of these terms are defined on the lesson plan website at http://www.sonyclassics.com/insidejob/site/#/thejargon. You should give the students a copy of this list of terms, so they can take notes about their meaning and how they are used while watching the movie. At first, the words, and especially the acronyms, might look like alphabet 2 soup. But assure your students that soon they will be saying “CDO” and “CDS” as effortlessly as they say “ABC.” You might start by telling students you are going to explain some of the most important terms in the movie by telling a brief story about how subprime mortgages were transformed into complex bets that nearly brought down the financial system. Although the film does a superb job of explaining this transformation, it might be easier for students to understand the details if they have a bit of background. The easiest place to begin is with the transaction at the core of the crisis, something simple that most students have heard of: a home mortgage loan. Ask your students if they know what a home mortgage loan is. Do they know anyone who has borrowed money to buy a house? Who lent them that money? Did the borrower have to make a downpayment? Why? If a borrower has a bad credit history, as about one in four people do, then their loans are known as subprime. Ask them why a bank would make a subprime loan? (Answer: the interest rate the bank receives is higher, to compensate for the higher chance that a borrower will default.) Historically, banks that loaned money to home buyers kept those loans, and bore the risk of default. Thus, banks 2 had an incentive to make sure borrowers repaid them. This is one reason why banks required a downpayment. It also is why they charged subprime borrowers higher rates. Over time, banks began bundling mortgage loans together into pools known as residential mortgage backed securities (RMBS). Large institutional investors, such as pension funds, bought these RMBS. Because the RMBS included a diverse pool of mortgage loans, they were deemed to be safe investments. The credit rating agencies gave these RMBS their highest ratings of “AAA.” Now, investors – not the lending banks – bore the risk of default. Next, banks began bundling these RMBS together in a second kind of pool known as a collateralized debt obligations (CDO). The banks and rating agencies used complex computer models to determine what portion of a CDO could be labeled AAA. The rating agencies then gave AAA ratings to large portions of CDOs, even though the mortgage loans backing the CDOs were subprime. Subprime-backed CDOs were popular, because they had high credit ratings and paid high returns. Finally, as the number of CDOs grew, it became harder to find enough new subprime loans to back new CDOs. The credit default swap (CDS) was a tool to enable banks and investors to bet on subprime RMBS and CDOs, without actually owning anything. Instead, CDSs were side bets on whether home borrowers would default. CDSs are one of a type of financial instrument known as derivatives, because their value is “derived” from the value of the underlying asset (in this case, home mortgage loans). Financial institutions used CDSs to place trillions of dollars of bets. For some students, this story will seem difficult to understand – at first. One of the remarkably valuable aspects of Inside Job is how clearly it explains and illuminates this daisy chain of risk. Still, a brief discussion of vocabulary before the movie will help your students understand some of the details. After Viewing the Film 1. Ask your students how angry they are about the events 5. Discuss whether your educational depicted in the film. What in the film made them angry? institution should have a policy re- Which person depicted in the film offended them the most? garding conflicts of interest. Ask what the students thought of the professors from Columbia and Harvard. What if 2. Ask for views about who is most to blame for the events Sony Pictures Classics paid you (the in- depicted in the film. Republicans or Democrats? Govern- structor) money to show the film in ment or financial services companies? Regulators who class? Would that be ok? Should you stuck by their free market beliefs or investors who carelessly have to disclose all of the money you took on too much risk? When a student mentions a person make from outside activities? (Disclosure: Sony Pictures or institution they blame, ask Classics paid me to write this what they should have done teacher’s guide, though only differently. a small fraction of what the professors in the film made for their Iceland reports.) 3. Go back through the terms you discussed before viewing the film, to make 6. If your class has covered sure your students under- the 1920s-30s, compare the stand them. Remind them of events depicted in Inside Job the discussion you had about to the roaring ‘20s, the Great how Crash of 1929, and the De- subprime mortgage loans were “pooled.” Do pression that followed. What they think events would have is unfolded differently if the fi- What is similar? different about today? nancial institutions that made subprime loans had kept them instead of selling them? 7. Choose one or more of the activities and accompanying handouts in this lesson plan to connect the film to specific 4. Ask students if they think someone should go to jail for topics, including topics you might be covering in your class. the behavior depicted in the film. Who? Inside Job dis- For each of the four activities, I have included both (1) a cusses evidence that senior bankers on teacher’s lesson plan page with some advice and informa- Wall Street used prostitutes and illegal tion about teaching the topic, and (2) a student handout drugs, with page that you can distribute to students. For each activity, company credit cards. If bringing a you might want to look at (2) before you look at (1), to give criminal fraud case related to sub- the advice some context. sometimes paying prime loans and CDOs would be too difficult, should prosecutors go after 8. Refer your students to the resources at this other behavior? www.sonyclassics.com/insidejob. 3 TEACHER’S NOTES - Activity 1 “It’s Utterly Mad” Replay the clip of Allan Sloan, senior editor of Fortune magazine, describing the Goldman Sachs deal in which home buyers borrowed 99.3% of the price of their houses, and yet two-thirds of the deal backed by those loans was rated AAA, as safe as government securities. (The clip is available here http://www.youtube.com/watch?v=kzhWodFE7E0.) Sloan concludes, “It’s utterly mad.” Activity 1 explores how something so “mad” could have happened. The basic question for students is this: how is it possible for could be treacherous. After you have discussed David Li, ask students what they think of this statement he made to the Wall Street Journal in 2005, as subprime mortgage lending was skyrocketing: “The most dangerous part is when people believe everything coming out of it.” Here is one “hands-on” activity you might try in class. Ask the students to take a piece of paper and cut or tear it into 10 equally sized strips. Imagine that each of these strips represents a subprime mortgage loan. Now suppose that your statistical model tells you that, on average, just 1 of those loans will default, and that the chances of 2 or 3 defaulting are extremely small. Separate the loans into two groups, one with 7 strips (put that group at the top) and one with 3 strips (put those at the bottom). Those two groups represent two “tranches” of investments in a CDO. If the group of 3 strips bears the first losses, how safe is the group with 7 strips? (Do a couple of examples: tell them there has been 1 default, so they should remove 1 strip from the bottom group, and ask who loses?) But what if your model was wrong, and when housing prices decline all 10 of the loans will default? How safe is the group with 7 strips now? You might describe defaults as being like a flood, and the strips as being like floors of a building. As long as there are only a few defaults, the lower level floors will be the only ones flooded and the top floors will be safe. But if there are numerous defaults, even the top floors will be flooded. risky subprime mortgages to be pooled together and then, miraculously, to become AAA-rated CDO investments? Don’t worry: students don’t need to understand the details of the complicated mathematical models in order to get the basic point. The key insight is that the banks and rating agencies vastly underestimated the correlation of subprime mortgage defaults. Even students who hate math might see an incentive to learn a bit about correlation (they also might be enticed by the idea of a career in finance, or just the desire to avoid losing money on their own future investments). Ask students what they think of David Li (see Activity 1 handout), particularly given the criticism of academic researchers in Inside Job. Many of the mathematicians who built CDO models for banks and rating agencies understood the risks of pooling subprime loans, and explained them to others. In fact, Li warned numerous people that using his model Here is a link to the article by Allan Sloan: Allan Sloan, Junk Mortgages Under the Microscope, Fortune Magazine, Oct. 16, 2007, http://money.cnn.com/2007/10/15/markets/junk_mortgages.fortune/index.htm 4 TEACHER’S NOTES - Activity 2 “It Was Clear He Was Stuck With His Ideology” Alan Greenspan appears throughout Inside Job. The film describes how Greenspan, as Federal Reserve chairman, led the deregulation and consolidation of the financial sector, beginning in the 1980s. One of the questions the film raises is about Greenspan’s ideology, and this is the focus of Activity 2. In the film, Robert Gnaizda, former director of the Greenlining Institute, discusses a series of meetings in which Greenspan recognized the complexity of subprime mortgages but refused to change his mind about regulating them. Gnaizda concluded, “It was clear he was stuck with his ideology.” views about the role of government in the markets? How have those views changed over time? What might lead them to change in the future? Do your students think they will become “set in their ways” as they grow older? Why or why not? You might even expand this Ask your students what they think of Greenspan’s ideology. What are the discussion beyond markets and regulation to other more general beliefs. benefits of free markets? To what extent was Greenspan right? How was he wrong? In addition to discussing the substance of Greenspan’s views, you can use his ideology as a launching point for questions about the students’ beliefs. What are their 5 TEACHER’S NOTES - Activity 3 “Sure, I’d Make That Bet” Nothing motivates students to talk like money. Ask them what they would be willing to do for $10 million a year. Would they make secret bets that might lead their firms to collapse? What if they worked at a bank in 2005 or 2006, and genuinely believed the chances of a housing price decline were zero – would they be willing to bet billions of dollars of the bank’s money on subprime mortgages if it would lead to an eight-figure bonus? What did they think of the mansions and yachts in Inside Job? much of the $32 billion of total compensation the bank paid was for salaries paid to lower-level employees. But, as the chart in the handout shows, Citigroup paid $5.3 billion of bonuses in 2008. A total of 738 people at Citigroup received bonuses of $1 million or more. 44 people received more than $5 million. The “Senior Leadership Committee” got $126 million. And Citigroup paid these bonuses even though it lost more than $27 billion that year and had to be supported by the federal government with $45 billion of TARP funds. What grade would your More generally, why is Wall Street compensation so high? Is it because Wall students give the Compensation Committee Street banks are creating so much value? It of Citigroup’s board of directors, which set certainly is true that financial markets are important and the pay policies for the bank? valuable. It is good for companies to be able to borrow money easily and at low cost, just as it is good for us to be able to invest our money instead of stuffing it under our mattresses (although in recent years the mattress would have performed better than bank stocks). But, as the film shows, there is a downside to Wall Street’s actions as well. Overall, how much are Wall Street bankers worth? You might ask who else makes this kind of money in our society. Should professional athletes, popular actors, and rock stars be paid made more or less than Wall Street bankers? Remind students that these bonuses were extra payments, in addition to salaries. How might the prospect of such large bonuses affect the behavior of employees? In theory, people have an incentive to perform well if they make more money when their contribution to their bank’s profits is greater. But what happens to the employees when the bank loses money or collapses? If the banks still pay bonuses, and employees know losses will be borne by investors and Ask students what they expect to happen taxpayers, will they take on too much risk? to bonuses in the future. In 2009, Wall Street firms Even after the financial crisis, employees got to keep their bonuses. (Some of the bonus amounts were paid in stock instead of cash. Employees who held stock through 2008 lost money. But bonuses for 2008 that were paid in stock appreciated substantially during the following year.) had revenue of approximately $433 billion, and paid record compensation of $139 billion. The numbers for 2010 were about the same. Consider focusing on Citigroup as one example. Citigroup had more than 300,000 employees in 2008, and 6 TEACHER’S NOTES - Activity 4 “It’s a Wall Street Government” In Inside Job, Robert Gnaizda calls President Barack Obama’s administration “a Wall Street government.” This activity asks students to describe the key players in the administration and to list the positions they held before and after the 2008 election. Once your students have filled in the positions, you can discuss whether Gnaizda’s statement was fair. A “cheat sheet” for you is below. You also might encourage students to do research on these people, to describe their backgrounds and positions in greater depth. For example, you might break students into groups and assign each group one person to research for a few days. Alternatively, you might give students the Activity 4 handout before you show Inside Job and ask them to fill out the list as they watch the film. Timothy Geithner: Treasury Secretary, President of New York Federal Reserve was Gary Gensler: Head of the Commodity Futures Trading Commission, was a Goldman Sachs Executive Mary Schapiro: Head of the Securities and Exchange Commission, was the CEO of FINRA, the Investment Banking Industry’s Self-Regulation Organization Larry Summers: Chief Economic Advisor, was Treasury Secretary Inside Job also mentions some other players not listed on the handout, such as Mark Patterson (William Dudley’s chief of staff, who was a lobbyist for Goldman Sachs), Louis Sachs (a senior advisor to the NY Federal Reserve, who was with Tricadia, a hedge fund that allegedly bet against CDOs), and Laura Tyson and Martin Feldstein (both of whom worked in previous administrations and were appointed to President Obama’s Economic Recovery Advisory Board). You might mention these people as well. Ben Bernanke: Chair of the Federal Reserve, was chair of the Federal Reserve under President George W. Bush William C. Dudley: President of New York Federal Reserve, was Chief Economist of Goldman Sachs Rahm Emanuel: Chief of Staff, was on the Board of Directors of Freddie Mac 7 HANDOUT - Activity 1 “It’s Utterly Mad” piece (which would bear the first losses when loans in the pool defaulted) and a safer piece (which would not lose For centuries, scientists have searched for ways to mix different materials to create gold. In 1995, David Li, a thirty-something math whiz from rural China, was doing something similar with loans. Li was trying to figure out how to mix risky loans together to get risk-free ones. any money unless more than one-third of the loans defaulted). Then, the safer piece would be rated AAA. The CDO that Allan Sloan describes in Inside Job was based on exactly this assumption. The banks and rating agencies assumed that, although some of the mortgage loans in the pool might default at the same time, the likelihood of more than one-third defaulting together was basically zero. In other words, they assumed the correlation was low. Historically, this correlation had been low, especially as Surprisingly, his great insight came from death. Li knew about the “broken heart” problem, in which people die more quickly after their spouses die. Li saw an analogy to loan defaults. When one borrower defaulted, others were more likely to default. Not everyone defaulted at the same time, but the defaults were correlated – they moved together to some degree. Li used the same math that statisticians used housing prices rose. But what would happen if the nature of the loans changed (they were made to borrowers with bad credit who put virtually no money down), and then housing prices fell? Even a slight decline in housing prices would pull borrowers underwater, meaning the amount they had borrowed was more than the value of their houses. Then, the correlation would be high. Everyone would default. The experts who put together subprime CDOs vastly underestimated the correlation of defaults. Why might they have done this? Was it an innocent mistake, which surprised the banks and rating agencies as much as it surprised most investors? Or was it an intentional ruse, which generated phantom profits and bonuses, even as it sowed the seeds of financial destruction? to model how people reacted when their spouses died to model how different loans reacted when one of them “died,” or defaulted. Li told the Wall Street Journal, “Suddenly I thought that the problem I was trying to solve was exactly like the problem these guys were trying to solve. Default is like the death of a company, so we should model this the same way we model human life.” According to the math, huge amounts of risk disappeared when you pooled risky assets together in a CDO. The key assumption was that although some loans might default at the same time, not all of them would default simultaneously. For example, if you assumed the chances of two-thirds of the loans defaulting at the same time were close to zero, you could split the CDO into a risky How, exactly, was it “mad”? 8 HANDOUT - Activity 2 “It Was Clear He Was Stuck With His Ideology” “Regulation of derivative transactions that are privately negotiated by professionals is unnecessary.” -Congressional Testimony of Alan Greenspan, July 1998 ideology was challenged in 1994, when the Federal Reserve’s decision to raise interest rates sent shock waves through the financial system. The culprit was hidden derivative side bets on interest rates placed by hundreds of companies. Three years later, Long Term Capital Management, a hedge fund, collapsed under the weight of $1.25 trillion of bad derivatives bets. Throughout the 1990s, there were repeated examples of fraud in the private derivatives market. Yet Greenspan continued to lobby for deregulation of derivatives. Many people believe that unregulated markets are frequently preferable to government involvement. But Greenspan’s ideology was that markets are always preferable to government. For example, consider Greenspan’s view of fraud. He told one senior regulator that rules prohibiting fraud were unnecessary, because participants in the markets inevitably would discover fraud. He said, “We will never agree on the issue of fraud, because I don’t think there is a need for laws against fraud.” What are Until recently, Alan Greenspan was one of the most admired government officials in the world. He was appointed and reappointed to high-level positions, and served as chairman of the Federal Reserve for nearly two decades. Before the financial crisis, the dominant view was that Greenspan was a kind of mystic savior – like the diminutive Yoda of Star Wars fame – who could foretell the future and understood the forces that would lead to prosperity and peace. Fewer people admire Greenspan today. Much of the criticism of him is that he formed an ideology about markets and refused to budge from his views, even when overwhelming evidence showed that these views were wrong. Greenspan’s ideology was an extreme version of a widely held view about the benefits of markets. He developed these views in his 20s, when he joined the free-market Objectivist movement, dominated by writer Ayn Rand, and he solidified his ideology as a political advisor to President Richard Nixon’s presidential campaign in 1967. By the time he became chair of the Federal Reserve in the 1980s, his views of the markets were fixed. your own views and beliefs about the facts presented in Inside Job? Do you have an ideology in this area? Make a list of the basic principles of “right and wrong” that you believe to be true about markets. What might lead you to change your views? Greenspan especially opposed regulation of derivatives, the side bets that were at the core of the financial crisis. The basis of this “Well, remember that what an ideology is, is a conceptual framework with the way people deal with reality. Everyone has one. You have to -- to exist, you need an ideology. The question is whether it is accurate or not. And what I’m saying to you is, yes, I found a flaw.” -Congressional Testimony of Alan Greenspan, October 2008. 9 HANDOUT - Activity 3 “Sure, I’d Make That Bet” Companies often award annual bonuses to employees after a good year. But 2008 was hardly a good year for Wall Street. Profits were down, stock prices plummeted, and many banks nearly collapsed. In 2008, the federal government implemented the “Troubled Asset Relief Program,” known as TARP, to support the banks. Some argued TARP was unnecessary; others said major banks would have been forced into bankruptcy without it. Below is a table of the net income (or losses) for 2008 for several of the major financial institutions mentioned in the film, along with the total amount of bonuses those firms paid that year, the number of employees who received more than $1 million or $10 million in bonuses, and the amount of TARP support each firm received. The dollar amounts are in billions. “You’re going to make an extra $2 million a year – or $10 million a year – for putting your financial institution at risk. Someone else pays the bill. You don’t pay the bill. Would you make that bet? Most people who worked on Wall Street said, ‘Sure, I’d make that bet.’” - Frank Partnoy, Inside Job Inside Job criticizes several Wall Street executives who made tens of millions – or hundreds of millions – of dollars, even as their firms collapsed. For example, Joseph Cassano, an officer of AIG’s Financial Products division, received $315 million from 1987 until he retired in March 2008, six months before AIG was rescued by the federal government. Robert Rubin, the former Treasury Secretary and head of Goldman Sachs, made $126 million during eight years as a board member and advisor to Citigroup through 2009. WHY DID THESE BANKS PAY SUCH LARGE BONUSES IN 2008? WHAT GRADE WOULD YOU GIVE THE DECISION TO AWARD THESE BONUSES? Bank Net Income Bonuses $1 Million Bonuses $10 Million Bonuses TARP Bank of America $4.0 $3.3 172 4 $45 Citigroup -$27.7 $5.3 738 3 $45 Goldman Sachs $2.3 $4.8 953 6 $10 JPMorgan Chase $5.6 $8.7 1,626 10 $25 Merrill Lynch -$27.6 $3.6 696 14 $10 Morgan Stanley $1.7 $4.5 428 10 $10 “I would give them about a B.” -Scott Talbott, Financial Services Roundtable, grading the compensation decisions of Wall Street banks in Inside Job “It is hard for us, without being flippant, to see a scenario within any kind of realm or reason that would see us losing one dollar in any of those transactions.” -Joseph Cassano, conference call with AIG investors, July 2007 10 HANDOUT - Activity 4 “It’s a Wall Street Government” partisan – it is just as critical of the major players in the administration of President Barack Obama. Below is a list of seven of those players. For each person, write down what their previous position was, as well as their position under President Obama. Inside Job is critical of the major players in the administration of President George W. Bush, including Hank Paulson, the former head of Goldman Sachs, who was Secretary of the Treasury as the financial crisis unfolded in 2007 and 2008. But the film is bi- Ben Bernanke ______________________________________________________________________________________ _______________________________________________________________________________________________________ William C. Dudley __________________________________________________________________________________ _______________________________________________________________________________________________________ Rahm Emanuel _____________________________________________________________________________________ _______________________________________________________________________________________________________ Timothy Geithner___________________________________________________________________________________ _______________________________________________________________________________________________________ Gary Gensler ______________________________________________________________________________________ _______________________________________________________________________________________________________ Mary Schapiro ______________________________________________________________________________________ _______________________________________________________________________________________________________ Larry Summers______________________________________________________________________________________ _______________________________________________________________________________________________________ Why do you think President Obama appointed these people to these positions? Who would you have appointed? Are these appointments like hiring a head sports coach? Would you rather have an experienced coach with a losing record or an inexperienced coach with no record at all? How would you balance the need for experience and expertise against the benefits of having a fresh perspective? “When the financial crisis struck just before the 2008 election, Barack Obama pointed to Wall Street greed and regulatory failures as examples of the need for change in America.” -From Inside Job 11 Sony Pictures Classics Presents INSIDE JOB A film by Charles Ferguson 2010 Official Selections: Cannes Film Festival | Toronto International Film Festival Telluride Film Festival | New York Film Festival Winner: Best Documentary, New York Film Critics Circle Winner: Top 5 Documentaries of the Year, National Board of Review Winner: Outstanding Directional Achievement in Documentary, Directors Guild Award Academy Award® Winner, Best Documentary Feature www.insidejobfilm.com TRT: 108 min | MPAA: Rated PG-13 | Release Date: (NY) 10/8/2010 | (LA) 10/15/2010 East Coast Publicity Rubenstein Communications, Inc. Jayna Zelman 1345 Avenue of the Americas New York, NY 10105 Phone (212) 843-8000 West Coast Publicity Block-Korenbrot Ziggy Kozlowski Melody Korenbrot 110 S. Fairfax Ave., Ste 310 Los Angeles, CA 90036 Phone (323) 634-7001 Distributor Sony Pictures Classics Carmelo Pirrone Lindsay Macik 550 Madison Avenue New York, NY 10022 Phone (212) 833-8833 SYNOPSIS From Academy Award® nominated filmmaker, Charles Ferguson (“No End In Sight”), comes INSIDE JOB, the first film to expose the shocking truth behind the economic crisis of 2008. The global financial meltdown, at a cost of over $20 trillion, resulted in millions of people losing their homes and jobs. Through extensive research and interviews with major financial insiders, politicians and journalists, INSIDE JOB traces the rise of a rogue industry and unveils the corrosive relationships which have corrupted politics, regulation and academia. Narrated by Academy Award® winner Matt Damon, INSIDE JOB was made on location in the United States, Iceland, England, France, Singapore, and China. DIRECTOR’S STATEMENT This film attempts to provide a comprehensive portrayal of an extremely important and timely subject: the worst financial crisis since the Depression, which continues to haunt us via Europe’s debt problems and global financial instability. It was a completely avoidable crisis; indeed for 40 years after the reforms following the Great Depression, the United States did not have a single financial crisis. However, the progressive deregulation of the financial sector since the 1980s gave rise to an increasingly criminal industry, whose “innovations” have produced a succession of financial crises. Each crisis has been worse than the last; and yet, due to the industry’s increasing wealth and power, each crisis has seen few people go to prison. In the case of this crisis, nobody has gone to prison, despite fraud that caused trillions of dollars in losses. I hope that the film, in less than two hours, will enable everyone to understand the fundamental nature and causes of this problem. It is also my hope that, whatever political opinions individual viewers may have, that after seeing this film we can all agree on the importance of restoring honesty and stability to our financial system, and of holding accountable those to destroyed it. 2 “THE CAST” William Ackman – Managing partner, founder, and CEO of hedge fund Pershing Square Capital Management. He is known as an activist investor whose 2007 presentation “Who Is Holding the Bag?” was one of the first warnings about the impending crisis. Daniel Alpert – Founding Managing Director of Westwood Capital with more than 30 years of investment banking experience, and a frequent commentator on economic policy and financial regulation. Jonathan Alpert - Jonathan Alpert is a Manhattan psychotherapist and advice columnist. He has a full time practice where he sees, among others, Wall Street executives, professionals, and women who formerly worked as escorts and prostitutes. . 3 Sigridur Benediktsdottir – Yale economics lecturer who was tapped by the Icelandic government following the collapse of their banking system to be one of the three members of the Icelandic Parliament’s Special Investigation Commission analyzing the causes and consequences of Iceland’s financial and banking crisis. The Commission recently issued a 2,000 page report. Partly as a result of the Commission’s investigation, several of Iceland’s senior banking and investment group executives are now facing prosecution and/or lawsuits. Jon Asgeir Johannesson, the former investment group executive featured in the film, recently had his assets frozen by British courts as the result of a lawsuit filed by the new management of Glitnir bank. Willem Buiter – Chief economist for Citigroup. Prior to this appointment, Buiter was professor of European Political Economy, London School of Economics and Political Science; former chief economist of the European Bank for Reconstruction and Development (EBRD), former external member of the Monetary Policy Committee (MPC); advisor to international organizations, governments, central banks and private financial institutions. He has been published widely on subjects including open economy macroeconomics, monetary and exchange rate theory, fiscal policy, social security, economic development and transition economies. His Mavercon blog ran on FT.com until December 2009. John Campbell – Department chair of Harvard University’s Department of Economics. Campbell has received various honors including President, American Finance Association, 2006; Fellow, American Academy of Arts and Sciences, 2000-present; Fellow, Econometric Society, 1990–present, Honorary Fellow, Corpus Christi College, University of Oxford, 2008 4 Patrick Daniel – Former director of Ministry of Trade and Industry for Singapore government’s Administrative Service. Named editor-in-chief of the English and Malay Newspaper Division of Singapore Press Holdings in 2007, is chairman of three SPH subsidiaries and is president of the Singapore Press Club. Satyajit Das – Das is a former trader who worked for CitiGroup and Merrill Lynch as well as a former corporate Treasurer. He is a global authority on, and author of several key reference works on, derivatives and risk management. He is the author of Traders, Guns & Money: Knowns and Unknowns in the Dazzling World of Derivatives – Revised Edition (2006 and 2010, FT-Prentice Hall), an insider's account of the financial products business filled with black humor and satire, described by the Financial Times, London as "fascinating reading … explaining not only the highminded theory behind the business and its various products but the sometimes sordid reality of the industry". In the 2006 book and in subsequent public speeches and articles published before the crisis, he pointed out the dangers of derivatives and financial products and the risk they constituted to the financial system. . Kristin Davis – Best known as the “Madam” to countless investment bankers, Davis was convicted of promoting prostitution and served 4 months on Riker’s Island. 5 Martin Feldstein – The George F. Baker Professor of Economics at Harvard University and President Emeritus of the National Bureau of Economic Research where he served as President and CEO from 1977-1982 and 1984 – 2008. He was chairman of the Council of Economic Advisors in the Reagan Administration. Under George W. Bush’s administration, he was appointed to the President’s Foreign Intelligence Advisory Board. He served on the board of both AIG and AIG Financial Products from 1988 -2009. Jerome Fons –Served as Managing Director of Credit Policy at Moody’s Investor Services, where he was also a member of the Credit Policy Committee. He is currently a consultant specializing in credit risk applications and litigation support. Barney Frank – Democratic Representative for the state of Massachusetts who has served in the 4th congressional district since 1981. Frank became the Chairman of the House Financial Services Committee in 2007 which oversees the entire financial services industry including the securities, insurance, banking, and housing industries. Robert Gnaizda – General Counsel, Policy Director, and former President of the Greenlining Institute in Berkeley, California. A graduate of Columbia College and Yale Law School, he has been known as an advocate of social justice for over 40 years. 6 Michael Greenberger - Since July 2001, Michael Greenberger has been a professor at the University of Maryland School of Law where he teaches a course entitled "Futures, Options and Derivatives." He serves as the technical advisor to the Commission of Experts of the President of the United Nations General Assembly on Reforms of the International Monetary and Financial System. He was a partner for more than 20 years in the Washington, D.C. law firm, Shea & Gardner, where he served as lead litigation counsel before courts of law nationwide, including the United States Supreme Court. In the Clinton Administration, Greenberger was Director of Trading & Markets for the Commodity Futures Trading Commission, reporting to its Chairwoman, Brooksley Born, when Born attempted to regulate derivatives. Eric Halperin – Special Counsel for Fair Lending at the U.S. Department of Justice and former director of the Washington Office and Litigation at Center for Responsible Lending. Samuel Hayes – Hayes holds the Jacob H. Schiff Chair in Investment Banking Emeritus at the Harvard Business School. He has taught at Harvard since 1970, prior to which he was a tenured member of the faculty at Columbia University Graduate School of Business. His research has focused on the capital markets and on the corporate interface with the securities markets. He has consulted for a number of corporations, financial institutions and government agencies, including the Justice Department, the Treasury Department, the FTC and the SEC, where he served on the Tully Commission in 1994-1995 to examine the compensation arrangements for stock brokers. 7 Glenn Hubbard – Chief Economic Advisor during the Bush Administration and current Dean of the Columbia University Business School. A supply-side economist, Hubbard was instrumental in the design of the 2003 Bush Tax cuts. The design was heavily opposed by economists. Hubbard is on the board of Met Life, was previously on the board of Capmark, and has consulted to many financial services firms. He has written many articles advocating deregulation of financial services. Simon Johnson – An expert on financial and economic crises, Johnson is the Ronald A. Kurtz Professor of Entrepreneurship at the MIT Sloan School of Management and a senior fellow at the Peterson Institute for International Economics in Washington DC. From March 2007 – August 2008, he was Chief Economist at the International Monetary Fund (IMF). He is co- of the book 13 Bankers: The Wall Street Takeover and The Next Financial Meltdown and a co-founder of baselinescenario.com. Christine Lagarde – The French Minister of Finance, Economic Affairs, Industry and Employment. She has also served as France’s Minister of Agriculture and Fishing, as well as Trade Minister. She was the first woman to ever become the Economic Minister of a G8 nation. 8 Jeffrey Lane – CEO of Modern Bank, and former Chairman and CEO of Bear Stearns Asset Management. Former VP of Lehman Brothers, a member of the Office of the Chairman, Co-Chairman of Lehman Brothers Asset Management and Alternatives Division, and Chairman and CEO of Neuberger Berman, Inc. Andrew Lo – Harris & Harris Group Professor of Finance at the MIT Sloan School of Management and the director of MIT’s Laboratory for Financial Engineering. He is the author of Hedge Funds: An Analytic Perspective and co-author of The Econometrics of Financial Markets and A Non-Random Walk Down Wall Street. Lee Hsien Loong – The current Prime Minister of Singapore, a position he has held since 2004. Previously, he was the Chairman of the Monetary Reserve of Singapore and he also served as Deputy Prime Minister, Minister of Trade and Industry, and Minister of Finance. 9 Andri Magnason – An Icelandic filmmaker and the author of Dreamland: A Self-Help Manual for a Frightened Nation, and producer of “Dreamland,” a documentary about Iceland’s environmental and financial problems. David McCormick – Former Under Secretary for International Affairs at the U.S. Department of Treasury from 2007-2009. Prior to that, he served as Deputy National Security Advisor to the President for International Economic Affairs. Before that, he had been the Under Secretary of Commerce for Industry and Security, and he is currently on the faculty of Carnegie Mellon's Heinz College as a Distinguished Service Professor of Information Technology, Public Policy and Management at the Washington, DC campus. He graduated from West Point, served in the first Gulf War, and then became a software executive before entering government. Lawrence McDonald - McDonald is a co-writer of “A Colossal Failure of Common Sense,” a book on the fall of Lehman Brothers. From 2004 to 2008, McDonald served as Vice President of Distressed Debt and Convertible Securities Trading at Lehman Brothers. 10 Harvey Miller – Called “the most prominent bankruptcy lawyer in the nation” by the New York Times, Miller is a partner at Weil, Gotshal and Manges, LLC, where he created the firm’s Business Finance and Restructuring Department specializing in distressed business entities. Frederic Mishkin – American economist and professor at Columbia Business School, Mishkin was a member of the Board of Governors at the Federal Reserve from 2006 to 2008. In 2006, he was paid $124,000 by the Icelandic Chamber of Commerce to write a report praising Iceland’s financial sector. Charles Morris – Author of The Trillion Dollar Meltdown: Easy Money, High Rollers and the Great Credit Crash, which analyzes the sub-prime mortgage crisis and the economy as a whole. He was the one of the people who predicted the crisis before it happened. 11 Frank Partnoy – Professor of Law at the University of San Diego specializing in corporate law, corporate finance and financial market regulation. Partnoy previously worked as an investment banker at Credit Suisse First Boston and Morgan Stanley. He is the author of The Match King: The Financial Genius Behind a Century of Wall Street Scandals. Raghuram Rajan – An economist and Eric J. Gleacher Distinguished Service Professor of Finance at the Booth School of Business, University of Chicago. In 2005, while serving as chief economist of the International Monetary Fund (IMF), he delivered a controversial paper criticizing the financial sector entitled “Has Financial Development Made the World Riskier” which argued that disaster loomed. The paper, which proved accurate, was aggressively criticized by Larry Summers, then the president of Harvard, and currently director of the National Economic Council in the Obama Administration. Kenneth Rogoff - Thomas D. Cabot Professor of Public Policy and Professor of Economics at Harvard University and the co-author of Foundations of International Macroeconomics. Rogoff has previously worked as Economic Counselor and Director of the Research Department of the International Monetary Fund and served as an economist on the Board of Governors of the Federal Reserve System. 12 Nouriel Roubini – Professor of Economics at the Stern School of Business at New York University and chairman of Roubini Global Economics, an economic consultancy firm. Once called “Dr. Doom” by The New York Times, Roubini first predicted the forthcoming economic crisis back in 2006. He is the author of Crisis Economics, an analysis of the global financial crisis. Andrew Sheng – Chief Advisor to the China Banking Regulatory Commission. He was the former Deputy Chief Executive responsible for both the Reserves Management and External Affairs Departments at the Hong Kong Monetary Authority. He also worked at senior levels in the World Bank. Allan Sloan – Journalist who wrote for Fortune Magazine about the market, the crisis, and the wrongdoing that led to the financial crisis. 13 George Soros- is a Hungarian-American currency speculator, stock investor, businessman, philanthropist, and political activist. He became known as "the man who broke the bank of England" after he made a reported $1 billion during the 1992 Black Wednesday UK currency crisis. He is founder and chair of the Open Society Institute / Soros Foundation. Eliot Spitzer – Lawyer and former politician. He served as the 54th Governor of New York (Democrat) from January 2007 until his resignation on March 17, 2008. Prior to being elected governor, Spitzer served as New York State Attorney General. While serving as attorney general, Spitzer initiated a series of major lawsuits against all of the major U.S. investment banks, alleging fraud in their handling of stock recommendations, which resulted in settlements totaling $1.4 billion. Dominique Strauss-Kahn – Current Managing Director of the International Monetary Fund and former Minister for Finance, Economy and Industry, France. Scott Talbott – Top lobbyist for the Financial Services Roundtable. The Roundtable lobbies on behalf of 100 of the top banks, credit card companies, insurance and securities firms operating in the U.S. Its membership includes many bailed-out banks including Citigroup, JP Morgan Chase, Bank of America, Wells Fargo and PNC. 14 Gillian Tett – British and award-winning journalist at the Financial Times, where she is the U.S. managing editor. She is the author of Fool’s Gold, which traced the development of the CDO market and its role in the financial crisis. Paul Volcker – An American economist who served as Chairman of the Federal Reserve under Presidents Carter and Reagan from 1979 – 1987. He currently serves as Chairman of the Economic Recovery Advisory Board under President Obama. Martin Wolf – Associate Editor and Chief Economics Commentator at the Financial Times. Gylfi Zoega – Faculty Chairman of the Department of Economics at the University of Iceland. 15 TIMELINE How Deregulation and the Evolution of Wall Street Culture Led to the Financial Crisis A chronological re-ordering of the events and arguments of INSIDE JOB 1930s (post-Great Depression)-1979: Traditional American finance 1933-35: Motivated by financial abuses that contributed to the Great Depression, new laws such as the Glass-Steagall Act and the Securities and Exchange Act place limits on financial risk-taking and require extensive disclosure of financial information • Bankers/traders earned salaries in line with other professionals; tightly regulated financial sector 1980s: The Reagan Era: laissez-faire and trickle-down economics • Substantial deregulation, especially the Garn-St. Germain Act which deregulates Savings and Loan companies, leading to the later S&L crisis • Oliver Stone’s Wall Street immortalized financial sector greed and immorality • S&L scandal: loose regulations, lax enforcement lead to massive fraud; hundreds of S&Ls fail lax enforcement lead to massive fraud; hundreds of S&Ls fail; $124 billion taxpayer-funded bailout • Neil Bush approves $100 million of bad loans to business partners through Silverado S&L, which subsequently fails • 1989: Keating Five: Four senators and CEO Charles Keating accused of improper influence in advocating against investigating Lincoln S&L, which collapses and Keating is convicted of fraud • 1987-1990: Michael Milken, Ivan Boesky and other Wall Street executives convicted of fraud and insider trading 1990s: Clinton era: increasing revolving door between Washington and Wall Street • 1999: Clinton administration members with Wall Street backgrounds help pass the Gramm-LeachBliley Act, aka the “Citigroup Relief Act,” repealing Glass-Steagall and allowing mergers that create Citigroup • 1994: A new law gives the Federal Reserve power to regulate the mortgage industry, but Alan Greenspan refuses to enact any regulations, on the grounds that regulation was unnecessary • 2000: Clinton Administration, particularly Larry Summers, Alan Greenspan and key Congress members including Senator Phil Gramm help enact the Commodity Futures Modernization Act, which bans all regulation of financial derivatives and exempts them from anti-gambling laws • 2000: Dot-com bubble bursts • 2000-2002: Eliot Spitzer sues 8 investment banks for conflict of interest and recommending dot-com stocks they thought were junk; reaches settlements totaling $1.4 billion in fines 2000s: George Bush pushes for further deregulation and relaxed enforcement • 2000-2005: Investigations of Fannie Mae and Freddie Mac reveal massive accounting fraud • 2002: Arthur Andersen, auditor, convicted of obstruction of justice for shredding Enron documents • 2003: Worldcom revealed to have inflated assets by $11 billion 16 2000s: (con’t) • 2000s: new crops of highly complex financial innovations flourish: securitization of mortgages, credit default swaps, synthetic CDOs • 2000-2007: Fed by the investment banking industry, a massive housing and mortgage credit bubble sweeps the United States; mortgage lending quadruples, housing prices double • 2004: After intense lobbying by investment banks, the SEC lifts the leverage limits on the investment banking industry, allowing them to borrow more • 2005: IMF chief economist Raghuram Rajan warns of dangerous incentives and risks in the financial system; Larry Summers dismisses him as a “Luddite” • 2005-2008: Goldman Sachs, Morgan Stanley, Deutsche Bank and other investment banks begin using credit default swaps to bet against the same mortgage securities that they are selling as extremely safe • 2006: Hank Paulson, CEO of Goldman Sachs, becomes Treasury Secretary • 2007: The housing bubble bursts, as the financial sector runs out of people willing to borrow and purchase more housing; home ownership reaches an all-time high, while savings rates are at historic lows 2008: Great Recession begins • Collapse of Bear Stearns (March) and then Lehman Brothers (September) • AIG rescued with $85 billion one day after Lehman declares bankruptcy • Housing prices drop by 32 percent over three-year period • Record foreclosures • Unemployment rises from 5% to 10% in one year • Tens of billions in bailout money go to AIG and Goldman Sachs • $700 billion emergency bailout for the financial industry 2010s: The Obama era: Business as usual? • Timothy Geithner becomes Treasury Secretary • Larry Summers becomes director of the National Economic Council • President Obama re-appoints Ben Bernanke • Obama appoints many Wall Street executives to senior regulatory and economic policy positions 17 CHARLES FERGUSON (Director) Charles Ferguson, the founder of Representational Pictures and the director of Inside Job, is a filmmaker, writer, and political scientist. A native of San Francisco, California, Ferguson obtained a B.A. in mathematics from the University of California, Berkeley in 1978 and a Ph.D. in political science from M.I.T. in 1989. Following his Ph.D., Ferguson was a postdoctoral researcher at M.I.T. for three years, focusing on interactions between high technology, globalization, and government policy, and frequently consulting to U.S. government agencies including the White House staff, the Defense Department, and the U.S. Trade Representative. Then from 1992 to 1994 Ferguson was an independent consultant to high technology companies including Apple, Xerox, Motorola, Intel, and Texas Instruments. In 1994 Ferguson founded Vermeer Technologies, a software company which developed FrontPage, the first enduser Web site development tool, which he sold to Microsoft in 1996. Subsequently he spent several years as a Senior Fellow at the Brookings Institution and a visiting scholar at M.I.T. and U.C., Berkeley. In mid-2005, Ferguson formed Representational Pictures and began production of his first film, No End In Sight: The American Occupation of Iraq, which premiered at the Sundance Festival in 2007. No End In Sight won the Special Jury Prize at Sundance, the Best Documentary prizes of the New York and Los Angeles Film Critics circles, and was nominated for an Academy Award for Best Documentary. Ferguson has authored several books including High Stakes, No Prisoners: A Winner’s Tale of Greed and Glory in the Internet Wars, and Computer Wars: The Post-IBM World (co-authored with Charles Morris). AUDREY MARRS (Producer) Audrey Marrs is the producer of Inside Job, a documentary about the global financial crisis and No End In Sight, a documentary about U.S. policy in Iraq, for which she was nominated for an Academy Award along with director Charles Ferguson. Marrs obtained her master's degree in curatorial practice from California College of the Arts in San Francisco. After completing her graduate degree, she worked as a freelance curator prior to becoming a film producer. Marrs is the C.O.O. of Representational Pictures and divides her time between Berkeley, California and New York City. 18 FILM GLOSSARY Asset Backed Security (ABS) An asset-backed security is a financial security backed by a loan, lease or receivables against assets other than real estate and mortgage-backed securities. For investors, asset-backed securities are an alternative to investing in corporate debt. An ABS is essentially the same thing as a mortgage-backed security, except that the securities backing it are assets such as loans, leases, credit card debt, a company's receivables, royalties and so on, and not mortgage-based securities. Bank Holding Company Bank holding company is broadly defined as any company that controls one or more banks. Becoming a bank holding company makes it easier for the firm to raise capital than as a traditional bank. The holding company can assume debt of shareholders on a tax free basis, borrow money, acquire other banks and non-bank entities more easily, and issue stock with greater regulatory ease. It also has a greater legal authority to conduct share repurchases of its own stock. The downside includes responding to additional regulatory authorities, such as the Federal Reserve and the Securities and Exchange Commission. NOTE: Goldman, Sachs and Morgan Stanley became Bank Holding Companies during the 2008 crisis in order to benefit from the federal government’s Troubled Assets Relief Program (TARP). Capital Structure This refers to the way a company finances its assets and operations through a combination of equity (stock), debt (loans), or hybrid securities. A company's capital structure is then the composition or 'structure' of its risks and liabilities. The company’s ratio of debt to total financing is referred to as its leverage. Collateralized Debt Obligation (CDO) CDOs are a type of structured asset-backed security whose value and payments are derived from a portfolio of fixed-income underlying assets. CDOs are split into different risk classes, or tranches, whereby "senior" tranches are considered the safest securities. Interest and principal payments are made in order of seniority, so that junior tranches offer higher coupon payments (and interest rates) or lower prices to compensate for additional default risk. NOTE: Each CDO is made up of hundreds of individual residential mortgages. CDOs that contained subprime mortgages or mortgages underwritten because of predatory lending were at greatest risk of default. They are blamed for precipitating the global crisis and have been called “weapons of mass destruction.” Commercial mortgage-backed security (CMBS) CMBS are a type of asset-backed security that is secured by commercial and multifamily properties (such as apartment buildings, retail or office properties, hotels, schools, industrial properties and other commercial sites). The properties of these loans vary, with longer-term loans (5 years or longer) often being at fixed interest rates and having restrictions on prepayment, while shorter-term loans (1–3 years) are usually at variable rates and freely pre-payable. 19 NOTE: Commercial loans are often predicted as the next security class to default. Fitch, one of the three largest ratings agencies, estimates that defaults on the loans behind U.S. CMBs will continue to rise through 2010 and the overall rate of default for deals it has rated to exceed 11 percent by year-end. Credit Default Swap (CDS) A CDS is an insurance contract in which the buyer of the CDS makes a series of payments to the protection seller and, in exchange, receives a payoff if a security (typically a bond or loan or a collection of loans such as a CDO) goes into default. NOTE: CDOs are widely thought to have exacerbated the financial crisis, by allowing investors who did not own a security to purchase insurance in case of its default. AIG almost collapsed because of these bets, as it was left on the hook for tens of billions of dollars in collateral payouts to some of the biggest U.S. and European financial institutions. AIG paid Goldman Sachs $13 billion in taxpayer money as a result of the CDSs it sold to Goldman Sachs. Credit Rating Agency (CRA) A CRA is a company which assigns credit ratings for issuers of certain types of debt securities (such as bonds, ABS and CDOs) as well as the debt instruments themselves. In most cases, the issuers of the debt securities are companies, special purpose entities, state and local governments, non-profit organizations, or national governments issuing debt-like securities (i.e., bonds) that can be traded on a secondary market. A credit rating for an issuer includes the CRA’s opinion of the issuer's ability to pay back the loan. (In contrast to CRAs, a company that issues credit scores for individual credit-worthiness is generally called a credit bureau or consumer credit reporting agency.) NOTE: The three largest and most influential credit ratings agencies are Moody’s, Standard & Poor’s and Fitch. The 2008 crisis highlighted the inadequacies of the ratings agencies when troubled companies retained their investment grade ratings until days before their collapse. Deposit Taking Institution Banks, building societies, credit unions and other organizations which accept customers' funds, either at call or for fixed periods, and pay interest on the amounts. Deposit-taking institutions are identified with 'savings' and differ in purpose from investment institutions which actively manage their customers' funds in the pursuit of profits, or from corporations which 'borrow' money from the public by issuing debentures or bonds. Deregulation Deregulation is the removal or simplification of government rules and regulations that constrain the operation of market forces. Deregulation does not mean elimination of laws against fraud, but eliminating or reducing government control of how business is done and securities are regulated. Tools of deregulation include the reduction of laws and regulations pertaining to taxation of securities transactions and removing restrictions around mergers and acquisitions within industries. Deregulation supports the efficient market theory in economics that states that financial markets are "informationally efficient" with prices accurately reflecting the value of a company of stock, the less taxes and regulation the more accurately price reflects value. NOTE: This began in the Reagan Administration and it became known as Reaganomics which refers to 20 the economic policies promoted by the U.S. President Ronald Reagan during the 1980s. The four pillars of Reagan's economic policy were to: 1. 2. 3. 4. Reduce government spending, Reduce income and capital gains marginal tax rates, Reduce government regulation of the economy, Control the money supply to reduce inflation. Derivatives A derivative is an agreement between two parties that is contingent on a future outcome. In finance, a derivative is a financial contract with a value linked to the expected future price movements of the asset it is linked to - such as a share, currency, commodity or even the weather. Derivatives allow risk about the price of the underlying asset to be transferred from one party to another. Options, futures and swaps, including credit default swaps, are types of derivatives. NOTE: A common misconception is to refer to derivatives as assets. This is erroneous, since a derivative is incapable of having value of its own as its value is derived from another asset. Fixed Income Fixed income refers to any type of investment that makes a predetermined or “fixed” return at recurring intervals, such as bonds or annuities. Fixed income securities are a loan to the entity that issues the bond. Investors are repaid their interest through interest payments at set intervals and the face value of the loan is repaid at the maturity date. The term fixed income can be misleading because some bonds have interest rates that are linked to an index, such as inflation or the US Federal Funds Rate. Examples of bonds include simple securities such as sovereign bonds issued by national governments, municipal bonds issued by local governments and corporate bonds issued by companies. More complex fixed income securities include preferred bonds, hybrid securities, asset backed securities and collateralized debt obligations. NOTE: Fixed-income securities can be contrasted with variable return securities such as stocks that have no guarantee of a return for the investor. Gramm-Leach-Bliley Act (GLBA): This has also come to be known as the Financial Services Modernization Act of 1999. This Act allowed commercial banks, investment banks, securities firms, and insurance companies to consolidate. Historically, these industries have been known collectively as the "financial services industry". NOTE: This act repealled the Glass-Steagall Act which prohibited any one institution from acting as any combination of an investment bank, a commercial bank, and an insurance company. This Act was also known as the Citigroup Act as it allowed the merger of Citicorp, a commercial bank holding company, and Travelers Group, an insurance company, in 1998. Hedge Fund An aggressively managed portfolio of investments that uses advanced investment strategies such as leveraged, long, short and derivative positions in both domestic and international markets with the goal of generating high returns (either in an absolute sense or over a specified market benchmark). Legally, hedge funds are most often set up as private investment partnerships that are open to a limited number of investors and require a very large initial minimum investment. Investments in hedge funds are illiquid as 21 they often require investors keep their money in the fund for at least one year. Because hedge fund managers make speculative investments, these funds can carry more risk than the overall market. NOTE: Hedge funds (unlike mutual funds) are unregulated because they cater to sophisticated investors who are thought to have more resources in making investment decisions. In the U.S., laws require that the majority of investors in the fund be accredited. That is, they must earn a minimum amount of money annually and have a net worth of more than $1 million, along with a significant amount of investment knowledge. Hedge funds are considered to be mutual funds for the super rich. They are similar to mutual funds in that investments are pooled and professionally managed, but differ in that the fund has far more flexibility in its investment strategies. Hedging To hedge is to make an investment to reduce the risk of adverse price movements in an asset. Normally, a hedge consists of taking an offsetting position in a related security, such as a futures contract. NOTE: While it is important to note that hedging is actually the practice of attempting to reduce risk, the goal of most hedge funds is to maximize return on investment. The name is mostly historical, as the first hedge funds tried to hedge against the downside risk of a bear market by shorting the stock market (mutual funds generally can't enter into short positions as one of their primary goals). Investment Bank A financial institution that assists corporations and governments in raising capital by underwriting and acting as the agent in the issuance of securities. An investment bank also assists companies involved in mergers and acquisitions, divestitures, etc. For traditional investment banking services such as underwriting, securities issuance and mergers and acquisitions, investment banks receive a fee, usually a percentage of the transaction. They also provide ancillary services such as market making and the trading of derivatives, fixed income instruments, foreign exchange, commodity, and equity securities. The largest investment banks include Goldman Sachs, JP Morgan Chase, Bank of America, Morgan Stanley and Deutsche Bank. NOTE: Unlike commercial banks and retail banks, investment banks do not take deposits. By 1998, the largest investment banks went public and changed from a private partnership ownership structure to an exchange traded company with thousands of shareholders. This dislocation between the firm managers and the owners of the company was one of the reasons investment banks took larger risks and exotic securities were issued without appropriate risk assessments. 22 Investment Grade Ratings A bond is considered investment grade or IG if its credit rating is BBB- or higher by Standard & Poor's, Baa3 or higher by Moody's or BBB- or higher by Fitch. The credit rating agency rate the bond based upon its likelihood of meeting its payment obligations. NOTE: Mutual funds, pension funds and sovereign funds are often limited by their prospectus to investment grade securities. When Lehman declared bankruptcy, their bonds were downgraded below investment grade causing a mass sell-off by mutual funds legally restricted to investment grade securities in their portfolio. Moody's Long Short Term Term Aaa Aa1 Aa2 P-1 Aa3 A1 A2 A3 P-2 Baa1 Baa2 P-3 Baa3 Ba1 Ba2 Ba3 B1 B2 B3 Caa Not Prime Ca C / / / S&P Long Term AAA AA+ AA AA− A+ A A− BBB+ BBB BBB− BB+ BB BB− B+ B B− CCC+ Fitch Short Term A-1+ A-1 A-2 A-3 B Long Term AAA AA+ AA AA− A+ A A− BBB+ BBB BBB− BB+ BB BB− B+ B B− Short Term Prime A1+ A1 Upper Medium grade A2 A3 Lower Medium grade Non Investment grade speculative B Highly Speculative C CCC C Substantial risks Extremely speculative In default with little prospect for recovery / DDD DD D / In default CCC CCC− D High grade 23 Leverage Leverage is the use of various financial instruments or borrowed capital, such as margin, to increase the potential return of an investment. Leverage is also used to describe the amount of debt used to finance a company's assets. Leverage helps both the investor and the firm to invest or operate. A company with significantly more debt than equity is considered to be highly leveraged. Leverage can be created through options, futures, margin and other financial instruments. Leverage is most commonly used in real estate transactions through the use of mortgages to purchase a home. NOTE: Leverage comes with greater risk. If an investor uses leverage to make an investment and the investment moves against the investor, his or her loss is much greater than it would've been if the investment had not been leveraged - leverage magnifies both gains and losses. In the business world, a company can use leverage to try to generate shareholder wealth, but if it fails to do so, the interest expense and credit risk of default destroys shareholder value. Mortgage Backed Securities (MBS) A MBS is a type of asset-backed security that is secured by a mortgage or collection of mortgages. These securities must also be grouped in one of the top two ratings as determined by an accredited credit rating agency, and usually pay periodic payments that are similar to coupon payments. Furthermore, the mortgage must have originated from a regulated and authorized financial institution. NOTES: Investors in a mortgage-backed security are essentially lending money to a home buyer or business. An MBS is a way for a bank to lend mortgages to its customers without having to worry about whether the customers have the assets to cover the loan. Instead, the bank acts as a middleman between the home buyer and the investment markets. Residential mortgage-backed securities (RMBS) A RMBS is a type of security whose cash flows come from residential debt such as mortgages, homeequity loans and subprime mortgages. This is a type of mortgage-backed securities that focuses on residential instead of commercial debt. Holders of an RMBS receive interest and principal payments that come from the holders of the residential debt. The RMBS comprises a large amount of pooled residential mortgages. Security An instrument representing ownership (stocks), a debt agreement (bonds) or the rights to ownership (derivatives). A security is a negotiable instrument representing financial value. The company or other entity issuing the security is called the issuer. A country's regulatory structure determines what qualifies as a security. For example, private investment pools may have some features of securities, but they may not be registered or regulated as such if they meet various restrictions. Securitization Securitization is the process through which an issuer creates a financial instrument by combining other financial assets and then marketing different tiers of the repackaged instruments to investors. The process can encompass any type of financial asset and promotes liquidity in the marketplace. Securitization distributes risk by aggregating debt instruments in a pool, then issues new securities backed by the pool. 24 Short Selling Short selling, also known as shorting or going short, is the practice of selling assets, usually securities, that have been borrowed from a third party (usually a broker) with the intention of buying identical assets back at a later date to return to the lender. The short seller hopes to profit from a decline in the price of the assets between the sale and the repurchase, as the seller will pay less to buy the assets than the seller received on selling them. Conversely, the short seller will incur a loss if the price of the assets rises. NOTE: Selling short is the opposite of going long. That is, short sellers make money if the stock goes down in price. In the summer of 2008, Morgan Stanley’s CEO John Mack was vocal in his attack of short sellers in contributing to the fall in share prices on financial services stocks. The low market capitalization of investment banks the week of September 15, 2008, diminished their valuation in the eyes of potential investors and was a contributor to their conversion into bank holding companies. Subprime Subprime is a classification of borrowers with a tarnished or limited credit history. Lenders will use a credit scoring system to determine which loans a borrower may qualify for. Subprime loans are usually classified as those where the borrower has a credit score below 640. Subprime loans carry more credit risk, and as such, will carry higher interest rates as well. Approximately 25% of mortgage originations are classified as subprime. Subprime lending encompasses a variety of credit types, including mortgages, auto loans, and credit cards. Synthetic CDO In technical terms, the synthetic CDO is a form of collateralized debt obligation (CDO) that invests in credit default swaps (CDSs) or other non-cash assets to gain exposure to a portfolio of fixed income assets. Synthetic CDOs are a modern advance in structured finance that can offer extremely high yields to investors. Synthetic CDOs are typically divided into credit tranches based on the level of credit risk assumed. Initial investments into the CDO are made by the lower tranches, while the senior tranches may not have to make an initial investment. All tranches will receive periodic payments based on the cash flows from the credit default swaps. However, synthetic CDOs enable potentially unlimited bets on the performance of other securities, without any new real loans being created. Each synthetic CDO, unlike a real CDO, requires that one party take the “short side,” i.e., must be betting that the referenced investment will fail. In the bubble preceding the financial crisis, several investment banks including Goldman Sachs and Morgan Stanley are known to have created synthetic CDOs with the explicit intention, in advance, of betting against their customers. It is also known that in at least some cases, the investment banks did not disclose this fact to the customers to whom they sold these synthetic CDOs, many of which received AAA ratings. These instruments are the focus of the SEC’s fraud case against Goldman Sachs, several private lawsuits, and also, it is believed, several ongoing criminal investigations. Tranche A tranche is a piece, portion or slice of a deal or structured financing. This portion is one of several related securities that are offered at the same time but have different risks, rewards and/or maturities. "Tranche" is the French word for "slice". Tranche also describes a specific class of bonds within an offering wherein each tranche offers varying degrees of risk to the investor. For example, a partitioned 25 MBS portfolio might have mortgages (tranches) that have one-year, two- year, five-year and 20-year maturities. It can also refer to segments that are offered domestically and internationally. CREDITS PRODUCED, WRITTEN, AND DIRECTED BY Charles Ferguson PRODUCED BY Audrey Marrs EXECUTIVE PRODUCERS Jeffrey Lurie Christina Weiss Lurie ASSOCIATE PRODUCERS Kalyanee Mam Anna Moot-Levin EDITORS Chad Beck Adam Bolt CO-WRITTEN BY Chad Beck Adam Bolt GRAPHICS BY Bigstar RESEARCH Kalyanee Mam DIRECTORS OF PHOTOGRAPHY Svetlana Cvetko Kalyanee Mam MUSIC SUPERVISOR Susan Jacobs MUSIC BY Alex Heffes NARRATED BY Matt Damon 26 ADDITIONAL RESEARCH & ARCHIVAL ACQUISITION Carola Mamberto Christopher Murphy Rosemary Rotondi SECOND UNIT DIRECTOR OF PHOTOGRAPHY Mariusz Cichon AERIAL CINEMATOGRAPHY Gray Mitchell HELICOPTER PILOT Al Cerullo LOCATION SOUND MIXERS David Hocs Michael Jones David Mendez DIGITAL IMAGING TECHNICIANS Mariusz Cichon Artur Dzieweczynski Tomasz Gryz Matthew Schroeder GAFFERS Arthur Aravena John Frisbie Jason Hubert Stephen Kaye Geir Magnússon Robert McKenna GRIPS Carter Bissell Bill Dixon John Dunkin Sam Krueger Adam Macbeth Aaron Randall Seth Uhlin 27 ADDITIONAL LOCATION SOUND Richard Fleming John Levy Brenda Ray Nelson Stoll POST-PRODUCTION SUPERVISOR Alan Oxman FIRST ASSISTANT EDITORS Eugene Yi John Woo ASSISTANT EDITOR Sheila Shirazi POST-PRODUCTION INTERN Isaac Urwin DIGITAL INTERMEDIATE COLORIST Will Cox DIGITAL INTERMEDIATE ONLINE EDITOR Ben Laffin Joseph Lee DIGITAL INTERMEDIATE PRODUCER Caitlin Tartaro POST-PRODUCTION FACILITY Final Frame SOUND SUPERVISOR & RE-RECORDING MIXER Tom Efinger SOUND DESIGN Abigail Savage Rich Bologna ASSISTANT SOUND EDITOR Jeff Seelye DIG IT IN-HOUSE PRODUCER Alicia Loving 28 AUDIO POST FACILITY Dig It Audio, Inc. RECORDING FACILITY FOR NARRATION Sync Sound, Inc. RECORDING ENGINEER John Bowen MACHINE ROOM OPERATOR Matt Stanford SET DESIGN Mariko Marrs STILL PHOTOGRAPHY Mariusz Cichon LOCATION SCOUT Jeffrey King PRODUCTION ASSISTANT Chris Knight ADDITIONAL PRODUCTION ASSISTANTS Kristin Bye Andrew Houchens Brittany Kaplan Stacy Mandel-Sonner Alec Modzeleski Marvin Ruffin 29 Links for the “Inside Job” presentation www.treasurydirect.gov – National Debt and Deficit information www.treasury.gov/iniatives/financial‐stability/results/Pages/TarpTracker.aspx ‐ TARP progress www.usdebtclock.org – Real‐time and Near‐time information on government spending, federal and state, as well as international (lots of information to make you mad) www.wolframalpha.com – computational knowledge base (really smart search engine that is the guts of the new iPhone 4S Siri technology) www.sonyclassics.com/insidejob ‐ all the background information on the movie, cast, and general financial information