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Congressional Record—House H10654 H10654 CONGRESSIONAL RECORD Ð HOUSE October 12, 1998 well as consideration of particular states for good or for naught, guided by The Long-Term Capital saga is types of or actual individuals who the profit motive, rather than national fraught with ironies related to moral might be appropriate to serve as trust- interest standards. authority as well as moral hazard. The ees for a failed fund. This dilemma is reflected in the an- Fed's intervention comes at a time If the problem relates to systemic nouncement the week after the Fed in- when our government has been preach- concerns and the goal is an orderly tervened by the Secretary of the Treas- ing to foreign governments, particu- unwinding of positions or orderly ury that the United States government larly Asian ones, that the way to mod- transfer of assets, the Fed is obligated and international resources should be ernize is to let weak institutions fail to lend a perspective to the courts. put in play to prop up certain foreign and to rely on market mechanisms, Given that almost any future poten- currencies. Most analysts assume the rather than insider bailouts. tial failure of another fund will raise Treasury was particularly concerned We have also encouraged developing questions of whether it will be given that the Brazilian cruzeiro might be countries to establish bankruptcy ar- like treatment as Long-Term Capital, devalued. But to give a governmental rangements to cushion the shock of the Fed or Treasury should also con- imprimatur to the fund as it is now failures, and, where possible, fairly dis- sider issuing public guidelines or com- constituted could cause conflicts of in- tribute the assets of bankrupt institu- mentary about their intent to rely on terest not only among its owners, but tions. Now, as the country with the orderliness through bankruptcy stat- with our own government. The possi- most sophisticated markets, bank- utes to assure markets that unfortu- bility that taxpayer dollars might be ruptcy laws, and legal precedents, we nate problems will not become sys- pitted in the future against those of a appear to have abandoned the model we temic liabilities. firm the United States government urge others to follow. In this regard, balance should be em- helped rescue could be an expensive Worse yet, the Federal government phasized. Just as there may be sys- irony. appears to have played a role in pre- temic concerns for a too rapid unravel- The antitrust laws are generally ap- cipitating a bailout offer that was ing of positions, there could be com- plied to concentration in a particular more advantageous to the failed man- petitive and market concerns for too market sector, but the combination of agement than that which the free mar- prolonged resolution of the problem. many of the world's most sophisticated ket offered. Warren Buffett may be for- It is a particular umbrage that the financial powerhouses in hedge fund ac- tunate to have had his bid for Long- hedge fund bailed out under the Fed's tivities is unprecedented in signifi- Term Capital turned down in favor of leadership operate commodity pools or- cance. Such a combination, if allowed the government-coordinated effort. ganized as Cayman Islands entities. to stand, could enable these institu- Given reports of further erosion of Implicit in this circumstance is the tions to hold sway over whole econo- Long-Term Capital capital, the new possibility that individuals who pre- mies. No central bank or finance min- owners and the government, on the sumably sought to reduce their United istry in the world could match the as- other hand, may be embarrassed if sta- States tax obligations through Carib- sets they could wield in currency mar- bilization of the fund requires another bean shelters could find their assets kets. rescue. protected with the help of a United Further complicating this collusion It will be months before proper per- States government agency. problem is the report that half-a-dozen spective can be applied to this unique To the degree doubt exists, because or more government-owned banks are circumstance, but the principal lesson of the Cayman connection, whether or have been strategic investors in would appear to be that the Fed should U.S. bankruptcy laws could effectively Long-Term Capital. rely more extensively on market mech- have been applied in the Long-Term The possibility that fund managers anisms and America's sophisticated Capital situation, or whether actions might receive insider information from bankruptcy laws. Above all, the public might be brought in other jurisdic- their own investors who represent for- should be assured that the government tions, Long-Term Capital's problems eign governments; or that any govern- will not subsidize insider bailouts, or underscore the legal risk issue. Pru- ment would think it appropriate to in- protect those who make investment er- dent banks should have doubts about vest public monies in a speculative rors. The too-big doctrine is simply too lending to institutions whose oper- hedge fund; or that our government prone to fail. ations may not be within the full reach might be put in the position of having f of the laws of the United States or to decide whether to rescue a fund other comparable legal systems. which, if liquidated, might embarrass a TRIBUTE TO JOSEPH P. KENNEDY, While the goal of the Fed's interven- government with which we interrelate II, MEMBER OF CONGRESS tion was to avert a short-term shock to on many issues, is bizarre and unten- The SPEAKER pro tempore (Mr. the international economic system, it able. PITTS). Under the Speaker's announced appears that a more serious long-term As powerful as they are, Long-Term policy of January 7, 1997, the gen- threat may be the result. Today we Capital's new owners are confronted tleman from Massachusetts (Mr. MOAK- have a reconstituted fund that is co- with a legal Catch-22. If they do not ac- LEY) is recognized for 60 minutes as the owned by 14 of the world's largest fi- tively manage the fund, they could be designee of the minority leader. nancial institutions, from Travelers sued for lack of prudential stewardship. Mr. MOAKLEY. Mr. Speaker, I rise and Merrill Lynch to J.P. Morgan and If they do actively manage the fund, to pay special tribute to my colleague the Union Bank of Switzerland. they could be sued for collusion. and my very dear friend, the gentleman In this regard, it should be under- In testimony before the Congress last from the Eighth Congressional Dis- stood that the coordinated government week, Fed officials said firewalls would trict, the gentleman from Massachu- bailout approach which was under- be established to separate the fund's setts (Mr. JOE KENNEDY). taken may involve a tendency towards oversight committee managers from When JOE was first elected to the concentration with the new owners their home offices. However, firewalls, 100th Congress back in 1986, he had a conjoined as a group having a greater no matter how high, are particularly lot to live up to, and he has done so impact on markets than in competition vulnerable when losses mount. If with Irish passion and a devotion to with one another. The Fed's unprece- hedged positions improve, legal liabil- those less fortunate that would have dented extension of the too-big-to-fail ities could be bedeviling. made his father very proud. doctrine to a hedge fund does not insu- If, for instance, Long-Term Capital First, JOE had to confront enormous late the fund and its new owners from and any of its new investors were to expectations because of who he was. As the constraints of the Sherman and take a position that would prove prof- the oldest son of the late Senator Rob- Clayton Acts. itable, presumably someone on the un- ert Kennedy, as the nephew of Senator Working as a cartel, those running profitable side of such a position might EDWARD KENNEDY, and the nephew of Long-Term Capital potentially com- sue on collusion grounds. Or if it were President John F. Kennedy, he was ex- prise the most powerful financial force to pay back a creditor partner and not pected to do great things. in the history of the world, and could a creditor non-partner, questions of eq- If those expectations were not al- influence the well-being of Nation uity could be raised. ready high enough, JOE had the October 12, 1998 CONGRESSIONAL RECORD Ð HOUSE H10655 unenviable task of having to follow on In Northern Ireland, the land of his with whom I met on so many occa- the greatest congressman and certainly ancestors, JOE worked tirelessly to sions, who I thought offered hope to one of the greatest Speakers this Na- bring people together to enjoy the end the civil conflict in El Salvador. tion has seen in many years, my dear peace and unity that they so richly de- Last November, I traveled to El Sal- friend and mentor, Thomas ``Tip'' serve and that was very long overdue. vador with the gentleman from Massa- O'Neill. I can only imagine the pres- Today, peace is a chance in Northern chusetts (Mr. MOAKLEY) to participate sure JOE felt as he raised his right hand Ireland and JOE has as much a right to in events commemorating these Jesuit to take the oath of office just 12 years be proud of the Good Friday Agreement martyrs. We attended a people's mass ago. as anybody else. held outdoors with thousands of Salva- But today it is my great pleasure to JOE KENNEDY, you made your family dorans gathered covering the hillsides.
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