Moot
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LOL "The folks...?" Only "a small group of hedge funds?" How folksy and quaint you make it sound. Those hedge funds literally brought this country to it's knees and a quite few others as well. Yes both Paulson and Magnetar were the most famous cases, but hardly the first or the only ones to use the strategy. To suggest that it was a merely "a small handful of hedgefunds" is disingenious considering nearly all the big banks were involved in the CDS scam in one way or another. Paulson, one of the largest hedgefunds in the world is implicated with Goldman Sachs and Deustch Bank in defrauding investors. Magnetar is implicated with Leman Brothers and JPMorgan and "Norma" is implicated with Merrill Lynch. The fact that some of the banks were caught holding the bag is irrelevant to the fact that they were defrauding investors and gambling with other people's money and lives. But not just people, entire countries, cities, retirement funds, and businesses world wide. Did you read the reply to WSJ article you linked to? You should have....The folks making the most money of this strategy were a handful of hedge funds. The strategy is often referred to as the "Magnetar" strategy, named for one of the first hedge funds known to employ it. Basically, it worked like this: the hedge fund bought certain the riskiest portions of CDOs and then bought credit default swaps against them. The strategy at this point, is simple: if the market keeps going, the riskiest tranches provide a handsome rate of return, well in excess of that necessary to pay for the CDS insurance. If the market bombs, the CDS kicks in and the owner makes a handsome rate of return that way. Critics of Magnetar accuse them of helping the trade along by insisting that the underwriters include ever more risky deals in the CDO, thereby shifting the odds for default in Magnetar's favor. You can read an interesting description of the trade here.
Magnetar was not the only hedge fund to do this trade, Paulson being perhaps the other best-known one. Once they figured it out, mainly by observing what their hedge fund clients were up to, several dealers did it as well. The dealers though, had left themselves open to considerable market risk in the totality of their CDO dealings, and this trade mostly just kept them from losing as much when the market did go south.
On balance, the biggest money on these trades was made by a relatively small group of hedge funds, not the banks.
"My 2003 book, “Collateralized Debt Obligations & Structured Finance,” includes the “Magnetar” structure as applied to corporate CDOs. I don’t know the first person to use that structure, but contrary to many finance articles and recent books, the “Magnetar” structure itself wasn’t new when it was applied to mortgage loans and other asset backed securities. For example, it wasn’t developed by any of the people in Greg Zuckerman’s book, The Greatest Trade Ever. Furthermore, there are a large variety of structured products and a huge network of players. Magnetar was a cog in the wheel, but the story is much bigger then just this one hedge fund..."read
The Magnetar Trade: How One Hedge Fund Helped Keep the Bubble Going - ProPublica
A Fund Behind Astronomical Losses - WSJ.com
Janet Tavakoli: ProPublica's (and NY Times') "Untold" Magnetar Story Creates Excuses for Wall Street and Washington
Charges of fraud against the banks:
WASHINGTON (AP) — The government has accused Goldman Sachs of defrauding investors by failing to disclose conflicts of interest in mortgage investments it sold as the housing market was collapsing.
The Securities and Exchange Commission said in a civil complaint Friday that Goldman failed to disclose that one of its clients helped create — and then bet against — subprime mortgage securities that Goldman (GS) sold to other investors...."
SEC charges Goldman Sachs with fraud in subprime case - USATODAY.com
SEC Charges Goldman Sachs With Fraud in Structuring and Marketing of CDO Tied to Subprime Mortgages; 2010-59; April 16, 2010
WASHINGTON (AP) — Wall Street bank JPMorgan Chase (JPM) has confirmed that federal regulators are investigating whether it allowed a hedge fund to improperly choose assets for a $1.1 billion mortgage securities deal....
SEC investigating role hedge funds played in JPMorgan securities deal - USATODAY.com
Bank: Merrill Committed Same Fraud as SEC Claims Goldman Did - WSJ.com
Ha, just wait, the blood sucking crooks will get a slap on the wrist and time doing "community service." Nothing has changed.