Not So Fast Buffett
Warrent Buffett has come out in full support of Goldman Sachs, defending their hedge fund sales. He argues that everyone was essentially a “big boy” and that no children were harmed in the creation of the fund that was designed to fail. I will concede that traders were on deals like piranha on a side of beef, that greed made traders, Wall Street, and Main Street blind. There is blame nearly everywhere you look when it comes to housing prices and the collapse of Wall Street firms. It comes down to pure and simple greed.
Now, to the deal that Goldman is facing SEC charges over. Goldman created and sold “synthetic collateralized debt obligations“. Synthetic means fake, made up. So they (the investment community, not Goldman) made up an investment based on nothing. Well not nothing really, but the only value a synthetic CDO has is what someone else is willing to pay based upon a different but sort of related investment. Think of it this way, you are driving down a road with no stop lights, traffic signals, road bumps, etc. You are unlimited in how fast you can drive. You decide that your speed and even the direction you drive should be based on the car next to you. There is no reason other than you want to. The synthetic CDO is designed so that if the car next to you slows down, you slow down, if it speeds up you speed up. If it runs into an elk, your bumper needs to be replaced. Sound crazy? It kind of is. It’s not buying insurance on your car, it’s buying insurance on the other car. In the insurance industry you have to have an interest in the insured item – you cannot buy homeowner’s insurance on your neighbor’s house, you cannot buy car insurance on his car, you cannot buy life insurance on his wife. But with Synthetic CDOs that’s exactly what has happened. Insurance on something you don’t own and, therefore, can’t lose.
The deal that Goldman was selling was designed to fail. Yes, it was homeowner’s insurance on the house with exposed wiring, a pan of hot oil on the stove, the clothes iron plugged in, and the drying Christmas tree decorated with open flame candles. And the inhabitants are out of town for a week. The bet is that this house will burn down. Buffet’s argument is that the insurance company should have known that this house was going to burn down – nay smoke was already coming out of the windows – and it’s their own fault for insuring it. They’re big boys, they knew what they were insuring. I say not so fast. In the real world (not the synthetic one) this would be insurance fraud, the claim would be denied and someone would be in jail.
Buffett is a pretty smart guy, I don’t dislike him. I agree with some of his arguments about more fair taxes. I applaud his frugal behavior, his modest income when other CEOs are raping their companies and shareholders blind. But I don’t stand on the same side of the street on this particular issue. I suppose we will just have to agree to disagree on synthetic CDOs. Only time will tell which side is right, and whether the regulatory leash will be shortened.
Disclaimer: I do not own any shares of Berkshire or Goldman, unless they are in the mutual funds that my wife owns in her IRA or the Arizona State Retirement System might hold them. I don’t know every single stock held by my wife’s mutual funds and have absolutely no say over what ASRS invests in.





