Showing posts with label corruption. Show all posts
Showing posts with label corruption. Show all posts

3/12/2010

Yakuza Journo

Meet Jake Adelstein, a Jewish Reporter Who Thinks Like an Japanese Gangster
I was a very typical American when I started on this beat. I'd say I'd be somewhere and I wouldn't, I was late for appointments... To me those are typical American traits — sloppy, forgetful, doesn't honor their word, and doesn't remember the favors that have been done to them. Over time, I've learned that if you say to one of these people, yeah I'll call you, then you better call them. Every time you say you'll do something, you do it, and you build credibility with these people. I'm willing to accept their codes of behavior and live by them. [...]
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2/23/2010

11/26/2009

5/04/2009

The End


The End of Wall Street's Boom
by Michael Lewis
[portfolio.com - Dec.08]

The era that defined Wall Street is finally, officially over. Michael Lewis, who chronicled its excess in "Liar’s Poker", returns to his old haunt to figure out what went wrong.

To this day, the willingness of a Wall Street investment bank to pay me hundreds of thousands of dollars to dispense investment advice to grownups remains a mystery to me. I was 24 years old, with no experience of, or particular interest in, guessing which stocks and bonds would rise and which would fall. The essential function of Wall Street is to allocate capital—to decide who should get it and who should not. Believe me when I tell you that I hadn’t the first clue.

I’d never taken an accounting course, never run a business, never even had savings of my own to manage. I stumbled into a job at Salomon Brothers in 1985 and stumbled out much richer three years later, and even though I wrote a book about the experience, the whole thing still strikes me as preposterous—which is one of the reasons the money was so easy to walk away from. I figured the situation was unsustainable. Sooner rather than later, someone was going to identify me, along with a lot of people more or less like me, as a fraud. Sooner rather than later, there would come a Great Reckoning when Wall Street would wake up and hundreds if not thousands of young people like me, who had no business making huge bets with other people’s money, would be expelled from finance.

When I sat down to write my account of the experience in 1989—Liar’s Poker, it was called—it was in the spirit of a young man who thought he was getting out while the getting was good. I was merely scribbling down a message on my way out and stuffing it into a bottle for those who would pass through these parts in the far distant future.

Unless some insider got all of this down on paper, I figured, no future human would believe that it happened.

I thought I was writing a period piece about the 1980s in America. Not for a moment did I suspect that the financial 1980s would last two full decades longer or that the difference in degree between Wall Street and ordinary life would swell into a difference in kind. I expected readers of the future to be outraged that back in 1986, the C.E.O. of Salomon Brothers, John Gutfreund, was paid $3.1 million; I expected them to gape in horror when I reported that one of our traders, Howie Rubin, had moved to Merrill Lynch, where he lost $250 million; I assumed they’d be shocked to learn that a Wall Street C.E.O. had only the vaguest idea of the risks his traders were running. What I didn’t expect was that any future reader would look on my experience and say, “How quaint.”

I had no great agenda, apart from telling what I took to be a remarkable tale, but if you got a few drinks in me and then asked what effect I thought my book would have on the world, I might have said something like, “I hope that college students trying to figure out what to do with their lives will read it and decide that it’s silly to phony it up and abandon their passions to become financiers.” I hoped that some bright kid at, say, Ohio State University who really wanted to be an oceanographer would read my book, spurn the offer from Morgan Stanley, and set out to sea.

Somehow that message failed to come across. Six months after Liar’s Poker was published, I was knee-deep in letters from students at Ohio State who wanted to know if I had any other secrets to share about Wall Street. They’d read my book as a how-to manual.

In the two decades since then, I had been waiting for the end of Wall Street. The outrageous bonuses, the slender returns to shareholders, the never-ending scandals, the bursting of the internet bubble, the crisis following the collapse of Long-Term Capital Management: Over and over again, the big Wall Street investment banks would be, in some narrow way, discredited. Yet they just kept on growing, along with the sums of money that they doled out to 26-year-olds to perform tasks of no obvious social utility. The rebellion by American youth against the money culture never happened. Why bother to overturn your parents’ world when you can buy it, slice it up into tranches, and sell off the pieces?

At some point, I gave up waiting for the end. There was no scandal or reversal, I assumed, that could sink the system.

Then came Meredith Whitney with news. Whitney was an obscure analyst of financial firms for Oppenheimer Securities who, on October 31, 2007, ceased to be obscure. On that day, she predicted that Citigroup had so mismanaged its affairs that it would need to slash its dividend or go bust. It’s never entirely clear on any given day what causes what in the stock market, but it was pretty obvious that on October 31, Meredith Whitney caused the market in financial stocks to crash. By the end of the trading day, a woman whom basically no one had ever heard of had shaved $369 billion off the value of financial firms in the market. Four days later, Citigroup’s C.E.O., Chuck Prince, resigned. In January, Citigroup slashed its dividend.

From that moment, Whitney became E.F. Hutton: When she spoke, people listened. Her message was clear. If you want to know what these Wall Street firms are really worth, take a hard look at the crappy assets they bought with huge sums of ­borrowed money, and imagine what they’d fetch in a fire sale. The vast assemblages of highly paid people inside the firms were essentially worth nothing. For better than a year now, Whitney has responded to the claims by bankers and brokers that they had put their problems behind them with this write-down or that capital raise with a claim of her own: You’re wrong. You’re still not facing up to how badly you have mismanaged your business.

Rivals accused Whitney of being overrated; bloggers accused her of being lucky. What she was, mainly, was right. But it’s true that she was, in part, guessing. There was no way she could have known what was going to happen to these Wall Street firms. The C.E.O.’s themselves didn’t know.

Now, obviously, Meredith Whitney didn’t sink Wall Street. She just expressed most clearly and loudly a view that was, in retrospect, far more seditious to the financial order than, say, Eliot Spitzer’s campaign against Wall Street corruption. If mere scandal could have destroyed the big Wall Street investment banks, they’d have vanished long ago. This woman wasn’t saying that Wall Street bankers were corrupt. She was saying they were stupid. These people whose job it was to allocate capital apparently didn’t even know how to manage their own.

At some point, I could no longer contain myself: I called Whitney. This was back in March, when Wall Street’s fate still hung in the balance. I thought, If she’s right, then this really could be the end of Wall Street as we’ve known it. I was curious to see if she made sense but also to know where this young woman who was crashing the stock market with her every utterance had come from.

It turned out that she made a great deal of sense and that she’d arrived on Wall Street in 1993, from the Brown University history department. “I got to New York, and I didn’t even know research existed,” she says. She’d wound up at Oppenheimer and had the most incredible piece of luck: to be trained by a man who helped her establish not merely a career but a worldview. His name, she says, was Steve Eisman.

Eisman had moved on, but they kept in touch. “After I made the Citi call,” she says, “one of the best things that happened was when Steve called and told me how proud he was of me.”

Having never heard of Eisman, I didn’t think anything of this. But a few months later, I called Whitney again and asked her, as I was asking others, whom she knew who had anticipated the cataclysm and set themselves up to make a fortune from it. There’s a long list of people who now say they saw it coming all along but a far shorter one of people who actually did. Of those, even fewer had the nerve to bet on their vision. It’s not easy to stand apart from mass hysteria—to believe that most of what’s in the financial news is wrong or distorted, to believe that most important financial people are either lying or deluded—without actually being insane. A handful of people had been inside the black box, understood how it worked, and bet on it blowing up. Whitney rattled off a list with a half-dozen names on it. At the top was Steve Eisman.

Steve Eisman entered finance about the time I exited it. He’d grown up in New York City and gone to a Jewish day school, the University of Pennsylvania, and Harvard Law School. In 1991, he was a 30-year-old corporate lawyer. “I hated it,” he says. “I hated being a lawyer. My parents worked as brokers at Oppenheimer. They managed to finagle me a job. It’s not pretty, but that’s what happened.”

He was hired as a junior equity analyst, a helpmate who didn’t actually offer his opinions. That changed in December 1991, less than a year into his new job, when a subprime mortgage lender called Ames Financial went public and no one at Oppenheimer particularly cared to express an opinion about it. One of Oppenheimer’s investment bankers stomped around the research department looking for anyone who knew anything about the mortgage business. Recalls Eisman: “I’m a junior analyst and just trying to figure out which end is up, but I told him that as a lawyer I’d worked on a deal for the Money Store.” He was promptly appointed the lead analyst for Ames Financial. “What I didn’t tell him was that my job had been to proofread the ­documents and that I hadn’t understood a word of the fucking things.”

Ames Financial belonged to a category of firms known as nonbank financial institutions. The category didn’t include J.P. Morgan, but it did encompass many little-known companies that one way or another were involved in the early-1990s boom in subprime mortgage lending—the lower class of American finance.

The second company for which Eisman was given sole responsibility was Lomas Financial, which had just emerged from bankruptcy. “I put a sell rating on the thing because it was a piece of shit,” Eisman says. “I didn’t know that you weren’t supposed to put a sell rating on companies. I thought there were three boxes—buy, hold, sell—and you could pick the one you thought you should.” He was pressured generally to be a bit more upbeat, but upbeat wasn’t Steve Eisman’s style. Upbeat and Eisman didn’t occupy the same planet. A hedge fund manager who counts Eisman as a friend set out to explain him to me but quit a minute into it. After describing how Eisman exposed various important people as either liars or idiots, the hedge fund manager started to laugh. “He’s sort of a prick in a way, but he’s smart and honest and fearless.”

“A lot of people don’t get Steve,” Whitney says. “But the people who get him love him.” Eisman stuck to his sell rating on Lomas Financial, even after the company announced that investors needn’t worry about its financial condition, as it had hedged its market risk. “The single greatest line I ever wrote as an analyst,” says Eisman, “was after Lomas said they were hedged.” He recited the line from memory: “ ‘The Lomas Financial Corp. is a perfectly hedged financial institution: It loses money in every conceivable interest-rate environment.’ I enjoyed writing that sentence more than any sentence I ever wrote.” A few months after he’d delivered that line in his report, Lomas Financial returned to bankruptcy.

Eisman wasn’t, in short, an analyst with a sunny disposition who expected the best of his fellow financial man and the companies he created. “You have to understand,” Eisman says in his defense, “I did subprime first. I lived with the worst first. These guys lied to infinity. What I learned from that experience was that Wall Street didn’t give a shit what it sold.”

Harboring suspicions about ­people’s morals and telling investors that companies don’t deserve their capital wasn’t, in the 1990s or at any other time, the fast track to success on Wall Street. Eisman quit Oppenheimer in 2001 to work as an analyst at a hedge fund, but what he really wanted to do was run money. FrontPoint Partners, another hedge fund, hired him in 2004 to invest in financial stocks. Eisman’s brief was to evaluate Wall Street banks, homebuilders, mortgage originators, and any company (General Electric or General Motors, for instance) with a big financial-services division—anyone who touched American finance. An insurance company backed him with $50 million, a paltry sum. “Basically, we tried to raise money and didn't really do it,” Eisman says.

Instead of money, he attracted people whose worldviews were as shaded as his own—Vincent Daniel, for instance, who became a partner and an analyst in charge of the mortgage sector. Now 36, Daniel grew up a lower-middle-class kid in Queens. One of his first jobs, as a junior accountant at Arthur Andersen, was to audit Salomon Brothers’ books. “It was shocking,” he says. “No one could explain to me what they were doing.” He left accounting in the middle of the internet boom to become a research analyst, looking at companies that made subprime loans. “I was the only guy I knew covering companies that were all going to go bust,” he says. “I saw how the sausage was made in the economy, and it was really freaky.”

Danny Moses, who became Eisman’s head trader, was another who shared his perspective. Raised in Georgia, Moses, the son of a finance professor, was a bit less fatalistic than Daniel or Eisman, but he nevertheless shared a general sense that bad things can and do happen. When a Wall Street firm helped him get into a trade that seemed perfect in every way, he said to the salesman, “I appreciate this, but I just want to know one thing: How are you going to screw me?”

Heh heh heh, c’mon. We’d never do that, the trader started to say, but Moses was politely insistent: We both know that unadulterated good things like this trade don’t just happen between little hedge funds and big Wall Street firms. I’ll do it, but only after you explain to me how you are going to screw me. And the salesman explained how he was going to screw him. And Moses did the trade.

Both Daniel and Moses enjoyed, immensely, working with Steve Eisman. He put a fine point on the absurdity they saw everywhere around them. “Steve’s fun to take to any Wall Street meeting,” Daniel says. “Because he’ll say ‘Explain that to me’ 30 different times. Or ‘Could you explain that more, in English?’ Because once you do that, there’s a few things you learn. For a start, you figure out if they even know what they’re talking about. And a lot of times, they don’t!”

At the end of 2004, Eisman, Moses, and Daniel shared a sense that unhealthy things were going on in the U.S. housing market: Lots of firms were lending money to people who shouldn’t have been borrowing it. They thought Alan Greenspan’s decision after the internet bust to lower interest rates to 1 percent was a travesty that would lead to some terrible day of reckoning. Neither of these insights was entirely original. Ivy Zelman, at the time the housing-market analyst at Credit Suisse, had seen the bubble forming very early on. There’s a simple measure of sanity in housing prices: the ratio of median home price to income. Historically, it runs around 3 to 1; by late 2004, it had risen nationally to 4 to 1. “All these people were saying it was nearly as high in some other countries,” Zelman says. “But the problem wasn’t just that it was 4 to 1. In Los Angeles, it was 10 to 1, and in Miami, 8.5 to 1. And then you coupled that with the buyers. They weren’t real buyers. They were speculators.” Zelman alienated clients with her pessimism, but she couldn’t pretend everything was good. “It wasn’t that hard in hindsight to see it,” she says. “It was very hard to know when it would stop.” Zelman spoke occasionally with Eisman and always left these conversations feeling better about her views and worse about the world. “You needed the occasional assurance that you weren’t nuts,” she says. She wasn’t nuts. The world was.

By the spring of 2005, FrontPoint was fairly convinced that something was very screwed up not merely in a handful of companies but in the financial underpinnings of the entire U.S. mortgage market. In 2000, there had been $130 billion in subprime mortgage lending, with $55 billion of that repackaged as mortgage bonds. But in 2005, there was $625 billion in subprime mortgage loans, $507 billion of which found its way into mortgage bonds. Eisman couldn’t understand who was making all these loans or why. He had a from-the-ground-up understanding of both the U.S. housing market and Wall Street. But he’d spent his life in the stock market, and it was clear that the stock market was, in this story, largely irrelevant. “What most people don’t realize is that the fixed-income world dwarfs the equity world,” he says. “The equity world is like a fucking zit compared with the bond market.” He shorted companies that originated subprime loans, like New Century and Indy Mac, and companies that built the houses bought with the loans, such as Toll Brothers. Smart as these trades proved to be, they weren’t entirely satisfying. These companies paid high dividends, and their shares were often expensive to borrow; selling them short was a costly proposition.

Enter Greg Lippman, a mortgage-bond trader at Deutsche Bank. He arrived at FrontPoint bearing a 66-page presentation that described a better way for the fund to put its view of both Wall Street and the U.S. housing market into action. The smart trade, Lippman argued, was to sell short not New Century’s stock but its bonds that were backed by the subprime loans it had made. Eisman hadn’t known this was even possible—because until recently, it hadn’t been. But Lippman, along with traders at other Wall Street investment banks, had created a way to short the subprime bond market with precision.

Here’s where financial technology became suddenly, urgently relevant. The typical mortgage bond was still structured in much the same way it had been when I worked at Salomon Brothers. The loans went into a trust that was designed to pay off its investors not all at once but according to their rankings. The investors in the top tranche, rated AAA, received the first payment from the trust and, because their investment was the least risky, received the lowest interest rate on their money. The investors who held the trusts’ BBB tranche got the last payments—and bore the brunt of the first defaults. Because they were taking the most risk, they received the highest return. Eisman wanted to bet that some subprime borrowers would default, causing the trust to suffer losses. The way to express this view was to short the BBB tranche. The trouble was that the BBB tranche was only a tiny slice of the deal.

But the scarcity of truly crappy subprime-mortgage bonds no longer mattered. The big Wall Street firms had just made it possible to short even the tiniest and most obscure subprime-mortgage-backed bond by creating, in effect, a market of side bets. Instead of shorting the actual BBB bond, you could now enter into an agreement for a credit-default swap with Deutsche Bank or Goldman Sachs. It cost money to make this side bet, but nothing like what it cost to short the stocks, and the upside was far greater.

The arrangement bore the same relation to actual finance as fantasy football bears to the N.F.L. Eisman was perplexed in particular about why Wall Street firms would be coming to him and asking him to sell short. “What Lippman did, to his credit, was he came around several times to me and said, ‘Short this market,’ ” Eisman says. “In my entire life, I never saw a sell-side guy come in and say, ‘Short my market.’”

And short Eisman did—then he tried to get his mind around what he’d just done so he could do it better. He’d call over to a big firm and ask for a list of mortgage bonds from all over the country. The juiciest shorts—the bonds ultimately backed by the mortgages most likely to default—had several characteristics. They’d be in what Wall Street people were now calling the sand states: Arizona, California, Florida, Nevada. The loans would have been made by one of the more dubious mortgage lenders; Long Beach Financial, wholly owned by Washington Mutual, was a great example. Long Beach Financial was moving money out the door as fast as it could, few questions asked, in loans built to self-destruct. It specialized in asking home­owners with bad credit and no proof of income to put no money down and defer interest payments for as long as possible. In Bakersfield, California, a Mexican strawberry picker with an income of $14,000 and no English was lent every penny he needed to buy a house for $720,000.

More generally, the subprime market tapped a tranche of the American public that did not typically have anything to do with Wall Street. Lenders were making loans to people who, based on their credit ratings, were less creditworthy than 71 percent of the population. Eisman knew some of these people. One day, his housekeeper, a South American woman, told him that she was planning to buy a townhouse in Queens. “The price was absurd, and they were giving her a low-down-payment option-ARM,” says Eisman, who talked her into taking out a conventional fixed-rate mortgage. Next, the baby nurse he’d hired back in 1997 to take care of his newborn twin daughters phoned him. “She was this lovely woman from Jamaica,” he says. “One day she calls me and says she and her sister own five townhouses in Queens. I said, ‘How did that happen?’ ” It happened because after they bought the first one and its value rose, the lenders came and suggested they refinance and take out $250,000, which they used to buy another one. Then the price of that one rose too, and they repeated the experiment. “By the time they were done,” Eisman says, “they owned five of them, the market was falling, and they couldn’t make any of the payments.”

In retrospect, pretty much all of the riskiest subprime-backed bonds were worth betting against; they would all one day be worth zero. But at the time Eisman began to do it, in the fall of 2006, that wasn’t clear. He and his team set out to find the smelliest pile of loans they could so that they could make side bets against them with Goldman Sachs or Deutsche Bank. What they were doing, oddly enough, was the analysis of subprime lending that should have been done before the loans were made: Which poor Americans were likely to jump which way with their finances? How much did home prices need to fall for these loans to blow up? (It turned out they didn’t have to fall; they merely needed to stay flat.) The default rate in Georgia was five times higher than that in Florida even though the two states had the same unemployment rate. Why? Indiana had a 25 percent default rate; California’s was only 5 percent. Why?

Moses actually flew down to Miami and wandered around neighborhoods built with subprime loans to see how bad things were. “He’d call me and say, ‘Oh my God, this is a calamity here,’ ” recalls Eisman. All that was required for the BBB bonds to go to zero was for the default rate on the underlying loans to reach 14 percent. Eisman thought that, in certain sections of the country, it would go far, far higher.

The funny thing, looking back on it, is how long it took for even someone who predicted the disaster to grasp its root causes. They were learning about this on the fly, shorting the bonds and then trying to figure out what they had done. Eisman knew subprime lenders could be scumbags. What he underestimated was the total unabashed complicity of the upper class of American capitalism. For instance, he knew that the big Wall Street investment banks took huge piles of loans that in and of themselves might be rated BBB, threw them into a trust, carved the trust into tranches, and wound up with 60 percent of the new total being rated AAA.

But he couldn’t figure out exactly how the rating agencies justified turning BBB loans into AAA-rated bonds. “I didn’t understand how they were turning all this garbage into gold,” he says. He brought some of the bond people from Goldman Sachs, Lehman Brothers, and UBS over for a visit. “We always asked the same question,” says Eisman. “Where are the rating agencies in all of this? And I’d always get the same reaction. It was a smirk.” He called Standard & Poor’s and asked what would happen to default rates if real estate prices fell. The man at S&P couldn’t say; its model for home prices had no ability to accept a negative number. “They were just assuming home prices would keep going up,” Eisman says.

As an investor, Eisman was allowed on the quarterly conference calls held by Moody’s but not allowed to ask questions. The people at Moody’s were polite about their brush-off, however. The C.E.O. even invited Eisman and his team to his office for a visit in June 2007. By then, Eisman was so certain that the world had been turned upside down that he just assumed this guy must know it too. “But we’re sitting there,” Daniel recalls, “and he says to us, like he actually means it, ‘I truly believe that our rating will prove accurate.’ And Steve shoots up in his chair and asks, ‘What did you just say?’ as if the guy had just uttered the most preposterous statement in the history of finance. He repeated it. And Eisman just laughed at him.”

“With all due respect, sir,” Daniel told the C.E.O. deferentially as they left the meeting, “you’re delusional.”
This wasn’t Fitch or even S&P. This was Moody’s, the aristocrats of the rating business, 20 percent owned by Warren Buffett. And the company’s C.E.O. was being told he was either a fool or a crook by one Vincent Daniel, from Queens.

A full nine months earlier, Daniel and ­Moses had flown to Orlando for an industry conference. It had a grand title—the American Securitization Forum—but it was essentially a trade show for the ­subprime-mortgage business: the people who originated subprime mortgages, the Wall Street firms that packaged and sold subprime mortgages, the fund managers who invested in nothing but subprime-mortgage-backed bonds, the agencies that rated subprime-­mortgage bonds, the lawyers who did whatever the lawyers did. Daniel and Moses thought they were paying a courtesy call on a cottage industry, but the cottage had become a castle. “There were like 6,000 people there,” Daniel says. “There were so many people being fed by this industry. The entire fixed-income department of each brokerage firm is built on this. Everyone there was the long side of the trade. The wrong side of the trade. And then there was us. That’s when the picture really started to become clearer, and we started to get more cynical, if that was possible. We went back home and said to Steve, ‘You gotta see this.’ ”

Eisman, Daniel, and Moses then flew out to Las Vegas for an even bigger subprime conference. By now, Eisman knew everything he needed to know about the quality of the loans being made. He still didn’t fully understand how the apparatus worked, but he knew that Wall Street had built a doomsday machine. He was at once opportunistic and outraged.

Their first stop was a speech given by the C.E.O. of Option One, the mortgage originator owned by H&R Block. When the guy got to the part of his speech about Option One’s subprime-loan portfolio, he claimed to be expecting a modest default rate of 5 percent. Eisman raised his hand. Moses and Daniel sank into their chairs. “It wasn’t a Q&A,” says Moses. “The guy was giving a speech. He sees Steve’s hand and says, ‘Yes?’”

Would you say that 5 percent is a probability or a possibility?” Eisman asked.

A probability, said the C.E.O., and he continued his speech.

Eisman had his hand up in the air again, waving it around. Oh, no, Moses thought. “The one thing Steve always says,” Daniel explains, “is you must assume they are lying to you. They will always lie to you.” Moses and Daniel both knew what Eisman thought of these subprime lenders but didn’t see the need for him to express it here in this manner. For Eisman wasn’t raising his hand to ask a question. He had his thumb and index finger in a big circle. He was using his fingers to speak on his behalf. Zero! they said.

“Yes?” the C.E.O. said, obviously irritated. “Is that another question?”

“No,” said Eisman. “It’s a zero. There is zero probability that your default rate will be 5 percent.” The losses on subprime loans would be much, much greater. Before the guy could reply, Eisman’s cell phone rang. Instead of shutting it off, Eisman reached into his pocket and answered it. “Excuse me,” he said, standing up. “But I need to take this call.” And with that, he walked out.

Eisman’s willingness to be abrasive in order to get to the heart of the matter was obvious to all; what was harder to see was his credulity: He actually wanted to believe in the system. As quick as he was to cry bullshit when he saw it, he was still shocked by bad behavior. That night in Vegas, he was seated at dinner beside a really nice guy who invested in mortgage C.D.O.’s—collateralized debt obligations. By then, Eisman thought he knew what he needed to know about C.D.O.’s. He didn’t, it turned out.

Later, when I sit down with Eisman, the very first thing he wants to explain is the importance of the mezzanine C.D.O. What you notice first about Eisman is his lips. He holds them pursed, waiting to speak. The second thing you notice is his short, light hair, cropped in a manner that suggests he cut it himself while thinking about something else. “You have to understand this,” he says. “This was the engine of doom.” Then he draws a picture of several towers of debt. The first tower is made of the original subprime loans that had been piled together. At the top of this tower is the AAA tranche, just below it the AA tranche, and so on down to the riskiest, the BBB tranche—the bonds Eisman had shorted. But Wall Street had used these BBB tranches—the worst of the worst—to build yet another tower of bonds: a “particularly egregious” C.D.O. The reason they did this was that the rating agencies, presented with the pile of bonds backed by dubious loans, would pronounce most of them AAA. These bonds could then be sold to investors—pension funds, insurance companies—who were allowed to invest only in highly rated securities. “I cannot fucking believe this is allowed—I must have said that a thousand times in the past two years,” Eisman says.

His dinner companion in Las Vegas ran a fund of about $15 billion and managed C.D.O.’s backed by the BBB tranche of a mortgage bond, or as Eisman puts it, “the equivalent of three levels of dog shit lower than the original bonds.”

FrontPoint had spent a lot of time digging around in the dog shit and knew that the default rates were already sufficient to wipe out this guy’s entire portfolio. “God, you must be having a hard time,” Eisman told his dinner companion.

“No,” the guy said, “I’ve sold everything out.”

After taking a fee, he passed them on to other investors. His job was to be the C.D.O. “expert,” but he actually didn’t spend any time at all thinking about what was in the C.D.O.’s. “He managed the C.D.O.’s,” says Eisman, “but managed what? I was just appalled. People would pay up to have someone manage their C.D.O.’s—as if this moron was helping you. I thought, You prick, you don’t give a fuck about the investors in this thing.”

Whatever rising anger Eisman felt was offset by the man’s genial disposition. Not only did he not mind that Eisman took a dim view of his C.D.O.’s; he saw it as a basis for friendship. “Then he said something that blew my mind,” Eisman tells me. “He says, ‘I love guys like you who short my market. Without you, I don’t have anything to buy.’ ”

That’s when Eisman finally got it. Here he’d been making these side bets with Goldman Sachs and Deutsche Bank on the fate of the BBB tranche without fully understanding why those firms were so eager to make the bets. Now he saw. There weren’t enough Americans with shitty credit taking out loans to satisfy investors’ appetite for the end product. The firms used Eisman’s bet to synthesize more of them. Here, then, was the difference between fantasy finance and fantasy football: When a fantasy player drafts Peyton Manning, he doesn’t create a second Peyton Manning to inflate the league’s stats. But when Eisman bought a credit-default swap, he enabled Deutsche Bank to create another bond identical in every respect but one to the original. The only difference was that there was no actual homebuyer or borrower. The only assets backing the bonds were the side bets Eisman and others made with firms like Goldman Sachs. Eisman, in effect, was paying to Goldman the interest on a subprime mortgage. In fact, there was no mortgage at all. “They weren’t satisfied getting lots of unqualified borrowers to borrow money to buy a house they couldn’t afford,” Eisman says. “They were creating them out of whole cloth. One hundred times over! That’s why the losses are so much greater than the loans. But that’s when I realized they needed us to keep the machine running. I was like, This is allowed?”

This particular dinner was hosted by Deutsche Bank, whose head trader, Greg Lippman, was the fellow who had introduced Eisman to the subprime bond market. Eisman went and found Lippman, pointed back to his own dinner companion, and said, “I want to short him.” Lippman thought he was joking; he wasn’t. “Greg, I want to short his paper,” Eisman repeated. “Sight unseen.”

Eisman started out running a $60 million equity fund but was now short around $600 million of various ­subprime-related securities. In the spring of 2007, the market strengthened. But, says Eisman, “credit quality always gets better in March and April. And the reason it always gets better in March and April is that people get their tax refunds. You would think people in the securitization world would know this. We just thought that was moronic.”

He was already short the stocks of mortgage originators and the homebuilders. Now he took short positions in the rating agencies—“they were making 10 times more rating C.D.O.’s than they were rating G.M. bonds, and it was all going to end”—and, finally, the biggest Wall Street firms because of their exposure to C.D.O.’s. He wasn’t allowed to short Morgan Stanley because it owned a stake in his fund. But he shorted UBS, Lehman Brothers, and a few others. Not long after that, FrontPoint had a visit from Sanford C. Bernstein’s Brad Hintz, a prominent analyst who covered Wall Street firms. Hintz wanted to know what Eisman was up to. “We just shorted Merrill Lynch,” Eisman told him.

“Why?” asked Hintz.

“We have a simple thesis,” Eisman explained. “There is going to be a calamity, and whenever there is a calamity, Merrill is there.” When it came time to bankrupt Orange County with bad advice, Merrill was there. When the internet went bust, Merrill was there. Way back in the 1980s, when the first bond trader was let off his leash and lost hundreds of millions of dollars, Merrill was there to take the hit. That was Eisman’s logic—the logic of Wall Street’s pecking order. Goldman Sachs was the big kid who ran the games in this neighborhood. Merrill Lynch was the little fat kid assigned the least pleasant roles, just happy to be a part of things. The game, as Eisman saw it, was Crack the Whip. He assumed Merrill Lynch had taken its assigned place at the end of the chain.

There was only one thing that bothered Eisman, and it continued to trouble him as late as May 2007. “The thing we couldn’t figure out is: It’s so obvious. Why hasn’t everyone else figured out that the machine is done?” Eisman had long subscribed to Grant’s Interest Rate Observer, a newsletter famous in Wall Street circles and obscure outside them. Jim Grant, its editor, had been prophesying doom ever since the great debt cycle began, in the mid-1980s. In late 2006, he decided to investigate these things called C.D.O.’s. Or rather, he had asked his young assistant, Dan Gertner, a chemical engineer with an M.B.A., to see if he could understand them. Gertner went off with the documents that purported to explain C.D.O.’s to potential investors and for several days sweated and groaned and heaved and suffered. “Then he came back,” says Grant, “and said, ‘I can’t figure this thing out.’ And I said, ‘I think we have our story.’ ”

Eisman read Grant’s piece as independent confirmation of what he knew in his bones about the C.D.O.’s he had shorted. “When I read it, I thought, Oh my God. This is like owning a gold mine. When I read that, I was the only guy in the equity world who almost had an orgasm.”

July 19, 2007, the same day that Federal Reserve Chairman Ben Bernanke told the U.S. Senate that he anticipated as much as $100 billion in losses in the subprime-mortgage market, FrontPoint did something unusual: It hosted its own conference call. It had had calls with its tiny population of investors, but this time FrontPoint opened it up. Steve Eisman had become a poorly kept secret. Five hundred people called in to hear what he had to say, and another 500 logged on afterward to listen to a recording of it. He explained the strange alchemy of the C.D.O. and said that he expected losses of up to $300 billion from this sliver of the market alone. To evaluate the situation, he urged his audience to “just throw your model in the garbage can. The models are all backward-looking.

The models don’t have any idea of what this world has become…. For the first time in their lives, people in the asset-backed-securitization world are actually having to think.” He explained that the rating agencies were morally bankrupt and living in fear of becoming actually bankrupt. “The rating agencies are scared to death,” he said. “They’re scared to death about doing nothing because they’ll look like fools if they do nothing.”

On September 18, 2008, Danny Moses came to work as usual at 6:30 a.m. Earlier that week, Lehman Brothers had filed for bankruptcy. The day before, the Dow had fallen 449 points to its lowest level in four years. Overnight, European governments announced a ban on short-selling, but that served as faint warning for what happened next.

At the market opening in the U.S., everything—every financial asset—went into free fall. “All hell was breaking loose in a way I had never seen in my career,” Moses says. FrontPoint was net short the market, so this total collapse should have given Moses pleasure. He might have been forgiven if he stood up and cheered. After all, he’d been betting for two years that this sort of thing could happen, and now it was, more dramatically than he had ever imagined. Instead, he felt this terrifying shudder run through him. He had maybe 100 trades on, and he worked hard to keep a handle on them all. “I spent my morning trying to control all this energy and all this information,” he says, “and I lost control. I looked at the screens. I was staring into the abyss. The end. I felt this shooting pain in my head. I don’t get headaches. At first, I thought I was having an aneurysm.”

Moses stood up, wobbled, then turned to Daniel and said, “I gotta leave. Get out of here. Now.” Daniel thought about calling an ambulance but instead took Moses out for a walk.

Outside it was gorgeous, the blue sky reaching down through the tall buildings and warming the soul. Eisman was at a Goldman Sachs conference for hedge fund managers, raising capital. Moses and Daniel got him on the phone, and he left the conference and met them on the steps of St. Patrick’s Cathedral. “We just sat there,” Moses says. “Watching the people pass.”

This was what they had been waiting for: total collapse. “The investment-banking industry is fucked,” Eisman had told me a few weeks earlier. “These guys are only beginning to understand how fucked they are. It’s like being a Scholastic, prior to Newton. Newton comes along, and one morning you wake up: ‘Holy shit, I’m wrong!’ ” Now Lehman Brothers had vanished, Merrill had surrendered, and Goldman Sachs and Morgan Stanley were just a week away from ceasing to be investment banks. The investment banks were not just fucked; they were extinct.

Not so for hedge fund managers who had seen it coming. “As we sat there, we were weirdly calm,” Moses says. “We felt insulated from the whole market reality. It was an out-of-body experience. We just sat and watched the people pass and talked about what might happen next. How many of these people were going to lose their jobs. Who was going to rent these buildings after all the Wall Street firms collapsed.” Eisman was appalled. “Look,” he said. “I’m short. I don’t want the country to go into a depression. I just want it to fucking deleverage.” He had tried a thousand times in a thousand ways to explain how screwed up the business was, and no one wanted to hear it. “That Wall Street has gone down because of this is justice,” he says. “They fucked people. They built a castle to rip people off. Not once in all these years have I come across a person inside a big Wall Street firm who was having a crisis of conscience.”

Truth to tell, there wasn’t a whole lot of hand-wringing inside FrontPoint either. The only one among them who wrestled a bit with his conscience was Daniel. “Vinny, being from Queens, needs to see the dark side of everything,” Eisman says. To which Daniel replies, “The way we thought about it was, ‘By shorting this market we’re creating the liquidity to keep the market going.’ ”

“It was like feeding the monster,” Eisman says of the market for subprime bonds. “We fed the monster until it blew up.”

About the time they were sitting on the steps of the midtown cathedral, I sat in a booth in a restaurant on the East Side, waiting for John Gutfreund to arrive for lunch, and wondered, among other things, why any restaurant would seat side by side two men without the slightest interest in touching each other.

There was an umbilical cord running from the belly of the exploded beast back to the financial 1980s. A friend of mine created the first mortgage derivative in 1986, a year after we left the Salomon Brothers trading program. (“The problem isn’t the tools,” he likes to say. “It’s who is using the tools. Derivatives are like guns.”)

When I published my book, the 1980s were supposed to be ending. I received a lot of undeserved credit for my timing. The social disruption caused by the collapse of the savings-and-loan industry and the rise of hostile takeovers and leveraged buyouts had given way to a brief period of recriminations. Just as most students at Ohio State read Liar’s Poker as a manual, most TV and radio interviewers regarded me as a whistleblower. (The big exception was Geraldo Rivera. He put me on a show called “People Who Succeed Too Early in Life” along with some child actors who’d gone on to become drug addicts.) Anti-Wall Street feeling ran high—high enough for Rudy Giuliani to float a political career on it—but the result felt more like a witch hunt than an honest reappraisal of the financial order. The public lynchings of Gutfreund and junk-bond king Michael Milken were excuses not to deal with the disturbing forces underpinning their rise. Ditto the cleaning up of Wall Street’s trading culture. The surface rippled, but down below, in the depths, the bonus pool remained undisturbed. Wall Street firms would soon be frowning upon profanity, firing traders for so much as glancing at a stripper, and forcing male employees to treat women almost as equals. Lehman Brothers circa 2008 more closely resembled a normal corporation with solid American values than did any Wall Street firm circa 1985.

The changes were camouflage. They helped distract outsiders from the truly profane event: the growing misalignment of interests between the people who trafficked in financial risk and the wider culture.

I’d not seen Gutfreund since I quit Wall Street. I’d met him, nervously, a couple of times on the trading floor. A few months before I left, my bosses asked me to explain to Gutfreund what at the time seemed like exotic trades in derivatives I’d done with a European hedge fund. I tried. He claimed not to be smart enough to understand any of it, and I assumed that was how a Wall Street C.E.O. showed he was the boss, by rising above the details. There was no reason for him to remember any of these encounters, and he didn’t: When my book came out and became a public-relations nuisance to him, he told reporters we’d never met.

Over the years, I’d heard bits and pieces about Gutfreund. I knew that after he’d been forced to resign from Salomon Brothers he’d fallen on harder times. I heard later that a few years ago he’d sat on a panel about Wall Street at Columbia Business School. When his turn came to speak, he advised students to find something more meaningful to do with their lives. As he began to describe his career, he broke down and wept.

When I emailed him to invite him to lunch, he could not have been more polite or more gracious. That attitude persisted as he was escorted to the table, made chitchat with the owner, and ordered his food. He’d lost a half-step and was more deliberate in his movements, but otherwise he was completely recognizable. The same veneer of denatured courtliness masked the same animal need to see the world as it was, rather than as it should be.

We spent 20 minutes or so determining that our presence at the same lunch table was not going to cause the earth to explode. We discovered we had a mutual acquaintance in New Orleans. We agreed that the Wall Street C.E.O. had no real ability to keep track of the frantic innovation occurring inside his firm. (“I didn’t understand all the product lines, and they don’t either,” he said.) We agreed, further, that the chief of the Wall Street investment bank had little control over his subordinates. (“They’re buttering you up and then doing whatever the fuck they want to do.”) He thought the cause of the financial crisis was “simple. Greed on both sides—greed of investors and the greed of the bankers.” I thought it was more complicated. Greed on Wall Street was a given—almost an obligation. The problem was the system of incentives that channeled the greed.

But I didn’t argue with him. For just as you revert to being about nine years old when you visit your parents, you revert to total subordination when you are in the presence of your former C.E.O. John Gutfreund was still the King of Wall Street, and I was still a geek. He spoke in declarative statements; I spoke in questions.

But as he spoke, my eyes kept drifting to his hands. His alarmingly thick and meaty hands. They weren’t the hands of a soft Wall Street banker but of a boxer. I looked up. The boxer was smiling—though it was less a smile than a placeholder expression. And he was saying, very deliberately, “Your…fucking…book.”

I smiled back, though it wasn’t quite a smile.

“Your fucking book destroyed my career, and it made yours,” he said.

I didn’t think of it that way and said so, sort of.

“Why did you ask me to lunch?” he asked, though pleasantly. He was genuinely curious.

You can’t really tell someone that you asked him to lunch to let him know that you don’t think of him as evil. Nor can you tell him that you asked him to lunch because you thought that you could trace the biggest financial crisis in the history of the world back to a decision he had made. John Gutfreund did violence to the Wall Street social order—and got himself dubbed the King of Wall Street—when he turned Salomon Brothers from a private partnership into Wall Street’s first public corporation. He ignored the outrage of Salomon’s retired partners. (“I was disgusted by his materialism,” William Salomon, the son of the firm’s founder, who had made Gutfreund C.E.O. only after he’d promised never to sell the firm, had told me.) He lifted a giant middle finger at the moral disapproval of his fellow Wall Street C.E.O.’s. And he seized the day. He and the other partners not only made a quick killing; they transferred the ultimate financial risk from themselves to their shareholders. It didn’t, in the end, make a great deal of sense for the shareholders. (A share of Salomon Brothers purchased when I arrived on the trading floor, in 1986, at a then market price of $42, would be worth 2.26 shares of Citigroup today—market value: $27.) But it made fantastic sense for the investment bankers.

From that moment, though, the Wall Street firm became a black box. The shareholders who financed the risks had no real understanding of what the risk takers were doing, and as the risk-taking grew ever more complex, their understanding diminished. The moment Salomon Brothers demonstrated the potential gains to be had by the investment bank as public corporation, the psychological foundations of Wall Street shifted from trust to blind faith.

No investment bank owned by its employees would have levered itself 35 to 1 or bought and held $50 billion in mezzanine C.D.O.’s. I doubt any partnership would have sought to game the rating agencies or leap into bed with loan sharks or even allow mezzanine C.D.O.’s to be sold to its customers. The hoped-for short-term gain would not have justified the long-term hit.

No partnership, for that matter, would have hired me or anyone remotely like me. Was there ever any correlation between the ability to get in and out of Princeton and a talent for taking financial risk?

Now I asked Gutfreund about his biggest decision. “Yes,” he said. “They—the heads of the other Wall Street firms—all said what an awful thing it was to go public and how could you do such a thing. But when the temptation arose, they all gave in to it.” He agreed that the main effect of turning a partnership into a corporation was to transfer the financial risk to the shareholders. “When things go wrong, it’s their problem,” he said—and obviously not theirs alone. When a Wall Street investment bank screwed up badly enough, its risks became the problem of the U.S. government. “It’s laissez-faire until you get in deep shit,” he said, with a half chuckle. He was out of the game.

It was now all someone else’s fault.

He watched me curiously as I scribbled down his words. “What’s this for?” he asked.

I told him I thought it might be worth revisiting the world I’d described in Liar’s Poker, now that it was finally dying. Maybe bring out a 20th-anniversary edition.

“That’s nauseating,” he said.

Hard as it was for him to enjoy my company, it was harder for me not to enjoy his. He was still tough, as straight and blunt as a butcher. He’d helped create a monster, but he still had in him a lot of the old Wall Street, where people said things like “A man’s word is his bond.” On that Wall Street, people didn’t walk out of their firms and cause trouble for their former bosses by writing books about them. “No,” he said, “I think we can agree about this: Your fucking book destroyed my career, and it made yours.” With that, the former king of a former Wall Street lifted the plate that held his appetizer and asked sweetly, “Would you like a deviled egg?”

Until that moment, I hadn’t paid much attention to what he’d been eating. Now I saw he’d ordered the best thing in the house, this gorgeous frothy confection of an earlier age. Who ever dreamed up the deviled egg? Who knew that a simple egg could be made so complicated and yet so appealing? I reached over and took one. Something for nothing. It never loses its charm.


Michael Lewis - bio (1989)
Raised in New Orleans, the son of a lawyer and a charity administrator, Lewis majored in art history at Princeton and botched his senior-year investment-bank job interviews by breaking an industry taboo: He admitted he wanted to make money. His first two jobs—as a stock boy for a New York art gallery and as a cabinetmaker—paid next to nothing, so Lewis followed his girlfriend, Diane de Cordova, to England, where he enrolled at the London School of Economics. While working for his master's, he began writing articles for the Economist and found he loved it. But when connections, and luck, landed him a job at Salomon Brothers on Wall Street, he took it. "I felt a need to demonstrate I could make money, because my father had done well," he says. "I felt if I couldn't, I was somehow inadequate." [...]

By 1987, when he was transferred to London, Lewis was making more than $225,000 a year. Then, to the bewilderment of his colleagues, he quit. "People seemed shocked that I could walk away from the promise of a fortune," he says. "My father thought I was insane. But the job was no longer as thrilling as it had been, and the pull of journalism was very strong for me. I wanted to be a writer." [...]

Still, a trader's instincts die hard. When producers call about buying the movie rights to Liar's Poker, Lewis always has the same response. "I say I'll do it if they let me write the screenplay," he says, "and if they pay me a lot." [...]

Selected Book Reviews

4/03/2009

To Serve and Corrupt

(l-r) Raymond Pollard, Steven Correia, Richard Benoit, Nebojsa "Crazy Ned" Maodus, Joseph Miched and John Schertzer

The Untouchables
by Derek Finkle
Toronto Life - Apr. 09
(Excerpt)

The elite Toronto drug squad was charged with stealing hundreds of thousands of dollars' worth of coke and cash from dealers. After an investigation that lasted 10 years and cost $50 million, the biggest case of police corruption this city has ever seen was thrown out of court on a technicality. How the six accused cops beat the rap

The nightmare that has haunted Christopher Quigley for the past decade began on the afternoon of April 30, 1998. Quigley was then a handsome 32-year-old with a buff physique and short dark hair. He made his living as a salesman. One of the products he hustled, marijuana, was illegal; the other, gemstones, he bought and sold on a wholesale basis with a partner. He lived in a spacious apartment on Eglinton West. On that life-changing day, Quigley drove his girlfriend to her evening shift waiting tables at Shoeless Joe's near King and Spadina, then headed north to meet a petty thief named James Monsalves in a parking lot adjacent to George Harvey Collegiate on Keele Street, close to Monsalves' home. Quigley had known Monsalves since they were kids.

Monsalves walked toward Quigley's car, got in the passenger side, and handed him a brown paper bag containing 10 pairs of shades from the Sunglass Hut. Monsalves asked Quigley if he wanted to buy any of them.

As Quigley would later testify in court, the car was stormed by a half-dozen men with guns before he had a chance to reply. They dragged him out of his car and wrenched his arm behind his back to restrain him. "What's in the fucking bag?" one of the men yelled at him. Quigley remembers another man grabbing the bag from the car only to throw it on the ground in disgust once he discovered it contained sunglasses. "Where's the stuff?" Quigley was asked. "Where's the stuff?"

He assumed they were cops, though they were wearing jeans and never flashed badges, and he guessed they were referring to pot or contraband. Quigley didn't have anything illegal on him, but the men handcuffed him anyway and walked him toward one of their unmarked cars. "What's going on here?" Quigley asked. "What am I being charged with?"
"Just shut up and you'll find out," the officer behind the wheel shot back. "You're in a lot of trouble."

Quigley was taken east on Eglinton to 53 Division, near Yonge, where he was led to the third- floor offices of the Central Field Command Drug Squad - home to the four teams whose job it was to combat downtown Toronto's illegal narcotics trade. A pair of detectives took Quigley into an interview room and began interrogating him. They demanded to know where he lived and whether or not he was growing marijuana or had any in his apartment. They told him they'd been watching him for a while.

Quigley claims he asked if he could speak to his lawyer. One detective responded, "First, if you don't tell me where this marijuana is, my guys are bulldogs, and we will decimate your apartment. You'll be sorry." To avoid having his place ransacked - the officers said they already had a search warrent - Quigley confessed that he had a small amount of pot stashed in a bag of dog food. The officers left the room, and he assumed he'd be let go when they discovered he wasn't running a grow-op out of his apartment.

Instead, they returned a few minutes later and led Quigley out into the main office area, where he was questioned by John Schertzer, a tall detective with pointed features and a receding hairline. The other officers called him "boss". Quigley says Schertzer immediately began barking at him: "Where are the drugs? Where's your money?" Quigley insisted he didn't have much of either. He claims Schertzer struck him across the face. This, he says, was the beginning of a series of beatings.

Another officer took Quigley to a different interrogation room and left him alone. An hour later the door blew open, and two officers in their 30s - guys Quigley would subsequently identify as Schertzer's burly drug squad constables Richard Benoit and Nebojsa Maodus - lunged at him with their fists clenched; they punched, beat and choked him. Eventually, his head hit the wall and he blacked out. Quigley woke up in a pool of blood. The door opened before long, and the same two officers, accompanied by Schertzer, returned to deliver another beating. Over and over, Schertzer demanded Quigley to tell them where he hid his money and drugs.

At 11 p.m. that night, Schertzer and his crew searched Quigley's apartment. They seized two kilos of marijuana from the dog food bag. (Quigley would later claim that a six-carat sapphire had gone missing during the search, along with an expensive pair of alligator-skin cowboy boots.)
The address on Quigley's driver's licence was his mother's residence, not his apartment. So an officer with Schertzer's team obtained a second search warrant over the phone. Schertzer's squad arrived at Greeba Quigley's house on Bideford Avenue, near Avenue Road and the 401, at about 1 a.m. Greeba, a retired schoolteacher in her early 60s, was asleep. When she opened her front door in her housecoat, they barged inside. While they searched her house, the officers asked her if she had any of her son's money or drugs. She admitted to keeping some of Christopher's money in a safety deposit box - most of which he'd received from an insurance settlement after losing a diamond ring - and, without any protest, Greeba handed over the key.

After 10 hours in the custody of the drug squad - allegedly with no food or drink or contact with a lawyer - Quigley was turned over to uniformed police officers on the ground floor of 53 Division and placed in one of the cells. His face was covered in blood. Before long, he began coughing up more blood. As he felt himself losing consciousness, Quigley heard an officer say, "Holy shit, call 911!" He was taken to Sunnybrook Hospital, where he was treated for extensive bruising, a gash above his left eye that required seven stiches, and a fractured rib. (The officers claim Quigley's injuries occurred when he became violent - upon learning the cops had searched his mother's home - and had to be restrained.)

After Quigley was treated for his injuries, Schertzer and another member of his drug squad, Steven Correia, arrived at Greeba Quigley's CIBC branch with yet another warrant. Schertzer and Correia claimed they seized $22,850 in cash from the safety deposit box; Quigley says the box contained at least twice that amount. The branch manager later testified that he'd watched Schertzer and Correia empty the safety deposit box into a clear plastic bag, and that he remembered a "rainfall" of $100 bills. In Schertzer's account of the denominations, however, he claimed there wasn't a single $100 bill.

Christopher Quigley would eventually sue John Schertzer and his team for assault and robbery. (Schertzer denies the claim and, through his attorney, declined to be interviewed for this story.) Quigley isn't the only drug dealer who alleges he was roughed up and robbed by the squad. Between 1997 and 1999, when Schertzer's team was disbanded, at least 47 people lodged complaints about excessive force, unlawful search and seizure, and theft of cash or valuables totalling roughly $610,000. The result was the deepest investigation into police corruption in Canadian history.

The investigation into the drug squad all started with a slight, balding 46-year-old criminal lawyer named Edward Sapiano. A Harley Davidson - a partial payment from a client - is the first thing one encounters in the doorway to his Cabbagetown loft. It's impossible to imagine Sapiano relaxed. Whatever he does - talk, laugh, shuffle around, answer the phone ("Sapiano here!"), smoke or remember something important - he does in a slightly manic fashion.

Like many criminal lawyers, Sapiano believes everybody, however shady or unpopular, deserves a fair trial. (One of his clients is Jeremiah Valentine, the man accused of shooting teenager Jane Creba near the Eaton Centre on December 26, 2005.) He's known in the legal community for taking on tough cases and for his attention-getting courtroom tactics. Four years ago, Sapiano tried to have a Supreme Court judge removed from a trial because he believed the judge was biased in favour of Crown prosecutors.

He also grabbed headlines by taking on the police. In 1991, he began compiling a database to track alleged misconduct among Toronto-area officers - from criminal convictions to specious courtroom testimony. Sapiano's database was so thorough that the Criminal Lawyers' Association took it over five years later and still maintains it.

Sapiano initiated his own investigation of Schertzer and his men in 1999, when he became convinced they had robbed one of his clients - an American cocaine dealer he refers to as Client Zero - of $50,000 immediately after arresting him. Sapiano was armed with statements from hotel employees who saw the police remove a bag allegedly containing the cash from Client Zero's room - evidence Schertzer and his men never acknowledged in their reports.

Sapiano began calling fellow defense attorneys. "I said, look, we all know this is going on," he recalls. "Everyone in the justice system knows this is going on. I want to do something about it. Investigating a drug squad in Canada was unheard of - it had never been done."

The CFC (Central Field Command) drug squad was considerd an elite unit, attracting ambitious officers willing to combat dangerous networks of criminals. (Bill Blair, the current Toronto chief, has a drug squad stint on his resume, as do all his deputy chiefs.) Sapiano knew that drug squads are also considered high-risk units because, without strict supervision, officers can be tempted by confiscated narcotics and drug money. Police forces in New York, Los Angeles and Miami experienced widespread drug-related corruption scandals in the 1980s - an FBI investigation deemed 10 per cent of the Miami police corrupt. [...]

Inspector Tony Corrie, a round-faced Englishman with a fierce loyalty to the force, had been assigned by Professional Standards to coordinate a review of more than 300 cases with which Schertzer's team had been involved since 1996. [...]

Corrie summarized his findings in a report filed to Chief Julian Fantino, and noted that the federal Department of Justice had already stayed charges in more than 65 of the force's drug-related cases - including the case against Client Zero - because evidence from drug squad officers could be considered suspect. Corrie was concerned that Schertzer's team had provided dishonest evidence and testimony. In his report, he asked, "How did the Service allow this person to be promoted and supervise others when repeated warning signs existed about the officer's methods?" [...]

Fantino quickly acted on Corrie's advice. In the summer of 2001, he announced the appointment of RCMP Chief Superintendent John Neily as head of the newly minted Professional Standards Special Task Force. The STF was to focus on allegations against Schertzer's drug squad and, in Fantino's words, "follow the truth regardless of where it took them." Neily was a well-liked investigator who'd been working in the GTA (Greater Toronto Area) for the RCMP since 1993. He'd run a major task force on organized crime in the Toronto area in the late 1990s and had worked closely with both federal and provincial prosecution teams in the city, as well as other forces that police the GTA - he seemed like an ideal person for the job. [...]

Schertzer's personnel file told the story of a man who had wanted to be a police officer since he was five years old. The son of German immigrants, he was raised in Kitchener and joined the Toronto Police Service as a cadet in 1975 at age 17. His wife, Joyce, is also an officer with the Toronto police.

After reviewing his discipline records, however, Neily concluded that "the man had problems from almost the time he first hit the streets of Toronto." When Schertzer was confronted by his supervisors about complaints, he shrugged them off, saying they were all coming from "criminals he or his squad had charged in the past," and that these criminals had all "fabricated" an elaborate conspiracy while doing time together at the Metro West Detention Centre.

Neily came to realize that Schertzer's superiors had been able to overlook the complaints and protect him from demotion or censure because of his arrest record, which was much higher than that of the other drug teams. Once Neily scratched the surface, though, he discovered that as many as 82 per cent of those cases fell apart before reaching trial. As Neily gathered evidence, he began to believe that Schertzer and his men were motivated by greed - not the pursuit of justice. [...]

If the drug squad had stolen money from the dealers, they must have been spending it on something - and living beyond the means of the average detective. Later that year (2002), Neily decided to hire a forensic accounting firm to look at the financial affairs of the squad, along with those of their spouses and other family members. The findings were submitted in two binders. Neither has been made public, but in a report for Fantino, Neily alluded to what they contained. The "major findings", as Neily called them, "related to Detective Sergeant Schertzer and, to a lesser degree, retired Detective Constable Miched." The accountants analyzed instances in which the suspected officers booked a trip, made large purchases, deposited cash into their accounts, made cash payments toward credit cards or loans, or spent money gambling around the time of the alleged thefts. In the end, they got "hits of interest on 23 of the 49 cases studied." Fourteen of them involved transactions by Schertzer. During Schertzer's last couple of months with the squad - a period in which there were no less than a dozen reported thefts - he bought significant amounts of traveler's cheques with cash. [...]

The STF also interviewed a police constable who, while assigned to the CFC for a few months during Schertzer's years, was astonished by, as he puts it, the "lifestyle of the team." He couldn't keep up with them. Schertzer and the boys partied up to three times a week, he said, and the "boss" always controlled the cash. [...]

As the investigation wrapped up in 2003, Neily concluded that Schertzer had led his group of officers on a "crime spree in the drug culture of Toronto." Neily felt 218 criminal charges were justified against 12 former CFC officers, but the attorney general's office decided to pursue only the strongest cases in what was expected to be a complicated prosecution. The length of time it took to make this decision strained relations between Neily and the Crown prosecutors. In a letter sent in March 2003, Neily complained that the Crown was taking too long to review the briefs he'd submitted and was failing to formalize its strategy. "We cannot continue to wait months and months for action on your part," Neily implored. "I have said this to you time and again and yet there is no change."

Ten months later, on January 7, 2004, Schertzer and five constables from his squad - Joseph Miched, Nebojsa Maodus, Steven Correia, Raymond Pollard and Richard Benoit, all long-time officers with the force - were indicted on 40 counts of corruption, including extortion, theft, perjury and assault. Four others (one detective and three constables) were named as unidicted co-conspirators and expected to appear in court as Crown witnesses. [...]

Despite the rift between the Crown and the STF, the preparations for the trial continued to grind on. Between May 2006, when the preliminary hearing for Schertzer and his co-accused ended, and the start of pre-trial motions in September 2007, the prosecution delivered another 110,000 pages of disclosure material to the defence. (Quigley and Ioakim were among the witnesses at the preliminary hearing.) Indeed, much to the chagrin of the trial judge, Justice Ian Nordheimer, disclosure documents continued to arrive during pre-trial motions, right up until January 2008.

Lawyers for Schertzer and his co-accused, fed up with the last minute mountains of disclosure, argued that their clients' right to a quick trial had been violated. They asked Nordheimer - believing it unlikely he'd agree - to dismiss all charges.

What happened next was as much a surprise to the defense as it was to the Crown. On the day Nordheimer was to deliver his decision on the "unreasonable delay" application, the courtroom was only half full. Few of the reporters covering the case thought the defence's delay motion had a chance, and many hadn't bothered to show up. Nordheimer was poker-faced as he read his decision. In a dispassionate voice, he wondered aloud why a case that involved alleged misconduct "that occurred, for the most part, in 1997 and 1998" was coming to trial in 2008.

Nordheimer concluded, "No explanation for the glacial process of this prosecution has been offered." All charges against Schertzer and his squad were stayed. Joyce Schertzer rushed to the front of the courtroom to hug her husband. The other officers, dressed in dark suits and brightly patterned ties, tearfully embraced. [...]

Insiders estimate the final cost of the case against Schertzer and his squad - including related investigations and the prolonged court proceedings - to be as high as $50 million...The province's attorney general, Chris Bentley, suddenly found himself in the hot seat when the heads of various legal associations demanded that he account for the delays. [...]

A handful of prominent lawyers speculated that the attorney general's office moved the trial at a snail's pace for political reasons. Julian Falconer, who's representing an alleged robbery victim in a lawsuit against the force, told the CBC that "the actions on the part of senior officials (in the attorney general's office), be they deputy ministers, assistant deputy ministers, in failing to respond to those alarms effectively, have got to be characterized as intentional."

One of the task force's own investigators was also one of its loudest critics. Sergeant Jim Cassells, a clean-cut, husky 53-year-old training specialist, accepted a transfer from his job at Etobicoke's 21 Division to the STF in 2001. Cassells says he wasn't among the force's top choices for the position; many of the pedigreed detectives with the homicide or holdup squads had said no. Still, he took his job seriously, and he was prepared to follow the truth regardless of where it took him, as Fantino had implored STF investigators to do at their orientation meetings. During his three years with the STF, Cassells discovered that the truth wasn't always welcome.

While investigating the Christopher Quigley case, Cassells decided that the man's injuries had been significant enough to have merited the involvement of the Special Investigations Unit, the independent body that probes all serious injuries possibly caused by use of force by the police. When word of his plans to call in the SIU reached his commanders in the Toronto Police Service, however, Cassells says he was told to leave the SIU out of it. Cassells then pushed for Police Services Act charges against the two officers at 53 Division who didn't investigate Quigley's injuries. Once again, his proposal was dismissed.

Cassells and the other investigators' morale was dampened further when a detective from another drug squad was charged with trafficking cocaine but was able to keep his job after he pleaded guilty to possession. This decision prompted John North, the senior federal prosecutor who handled the case, to send a despondent e-mail to John Neily. "As a result of my involvement with this case, " North wrote, "I have, with regret, completely lost faith in the ability and/or willingness of the Toronto police to police itself."

What Cassells began to realize was that by bringing in John Neily from the RCMP to lead the STF, the public was left with the impression that an outside force was independently probing corruption within the Toronto police. This wasn't the case. The Toronto force controlled the purse strings and provided the investigation's staff. Cassells believed Fantino was calling the shots in a number of important ways. He recalls how, in one such instance, Fantino, under pressure from the police union, postponed an interview with a drug squad officer the STF was expecting to provide helpful testimony.

Cassell's frustration continued long after he returned to regular duties. He wasn't given the desirable new assignment he felt had been part of the deal when he'd signed on for the unpopular task in 2001. He ended up back in uniform as a front-line supervisor at 22 Division, a job he was content with until Joyce Schertzer, also a sergeant, was transferred there.

In 2006, he complained to reporters about the STF's investigation. He called for a public inquiry, as well as an arm's-length review of how the Toronto police force investigated wrongdoing within its own ranks. Some credited Cassellls for his bravery - Edward Sapiano called him "Toronto's Serpico" - but those in control of his career were not so generous and charged him with misconduct.

Four days after an October 2007 hearing into Cassells' misconduct charges, his superiors informed him that he was being stripped of all supervisory duties. A month later, Cassells was assigned to a newly created position called "Planning Sergeant," a job with no desk and no assigned duties.

The Crown filed an appeal to Justice Nordheimer's decision in February 2008. At this point, however, they have yet to file documents that would be required to secure a court date. Legal sources say it would be another year before the appeal is heard. Whatever happens to the appeal, the Schertzer case will remain alive in the courts through a growing list of lawsuits.

In January 2003, about a year before the STF's criminal charges were laid, Schertzer and seven other former drug squad members filed a $116-million suit against Fantino, the Police Services Board, RCMP investigators and Justice Department officials, alleging, among other things, malicious prosecution and abuse of process. In their claim, Schertzer and his men depict themselves as the victims of both an organized smear campaign orchestrated by criminals and an overzealous police chief. The suit was an aggressive tactic, from the-best-defense-is-a-good-offence school. Whether they have the stomach to go through a difficult civil trial should they avoid one in criminal court remains to be seen. Since 2004, Schertzer and four of his co-accused have either resigned or retired from the Toronto police. Correira, however, is still with the force and was recently named to the board of the police union's Legal Assistance Plan.

Ten alleged robbery victims have also launched civil actions against the drug squad. These lawsuits claim hundreds of thousands of dollars in damages. Two were settled out of court. Those who settled were asked to sign confidentiality clauses. Sapiano wasn't impressed: "It's frightening that taxpayers' money was used to silence the victims of police malfeasance."

Christopher Quigley stopped selling pot years ago and is currently suing the police board, the chief of police, Schertzer and his squad for $950,000, alleging wrongful detention, assault and battery, fraud and negligence. "It's caused deep psychological wounds that I'm still dealing with," he says. "Every time I see a police officer or a police car, I am reminded of how horrified I am by what happened that day." Barring a settlement, his claim won't reach a courtroom until the criminal charges against the squad are resolved.

Even Schertzer's prosecutors are getting in on the action. Milan Rupic, along with his co-counsel on the case, Susan Reid and Joan Barrett, are suing the Toronto Star for $150,000 over an article it published in the aftermath of the Nordheimer decision that they claim pinned the blame for the trial's failure on them.

Dwarfing this is the $2-million libel suit that Joyce Schertzer filed against Cassells. Joyce was enraged that he'd made comments on a radio program about her being the subject of an internal investigation after she'd been cleared.

Cassells, of course, is contemplating legal action of his own. In February 2008, three months into his new position with no duties, he decided to retire (his misconduct charges were dropped after he left the force). He's still upset about how the Toronto Police Association, which offered significant support to Schertzer and his co-accused throughout their ordeal, provided him with little assistance when it came to fighting his treatment by management. If the union doesn't step in soon to help him "pursue his grievance of management abuses," an effort that could get him back with the force on more agreeable terms, Cassells' lawyer has threatened to add another lawsuit to the list, one that demands the union pay damages for its "unjustifiable failure to represent" his client.

Cassells says he's no longer concerned about whether or not Schertzer and his co-accused are ever tried before a jury. "Even if they were," he says, "what might it amount to? A few months in jail?" That's not what Cassells thinks this case is about.

"This whole story is really about the culture of the Toronto Police Service," Cassells says, "a culture that not only allowed behaviour the public would find disturbing, it actually nurtured it by dissuading its officers from shining a light on it. It was a systemic problem that's probably best compared to what the pathologist Charles Smith was allowed to get away with for years at the coroner's office. And just as we saw with that case, the path to the truth wasn't through internal investigations of the coroner's office. It's no different with the Toronto police force. This case is also crying out for a public inquiry."

If such an inquiry were ever held - and even John Neily, now retired from the RCMP, thinks one should be if the Crown's appeal fails - one of the witnesses it would likely hear from is David Eagleson, a former detective with the force's public complaints bureau who compiled 16 public complaints about Schertzer between 1992 and 1997. When Eagleson tried to warn Schertzer's superiors at the CFC drug squad, he was told to back off. Years later, in a statement to the STF, Eagleson called their behaviour "wilful blindness".

Wilful blindness also allowed complaints about Schertzer and his crew to roll in for years. It permitted Julian Fantino to believe that the Toronto police force was the best choice to run a complex investigation into a corruption scandal. And it may have prevented the prosecution from operating with an appropriate degree of urgency. Only time will tell if wilful blindness prevents the attorney general from launching a public inquiry to examine how the Toronto force polices itself and whether or not, in the wake of the Schertzer case, it should be allowed to do so in the future.
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Derek Finkle has spent most of his career examining how law enforcement works. After graduating from Princeton University, he became Toronto Life magazine's first editorial intern in 1993, then went on to become a regular contributor to Saturday Night magazine and the Globe and Mail among other publications. In 1998, he made a splash with his first book, No Claim to Mercy, about Robert Baltovich, who was wrongfully convicted of his girlfriend's murder. The book won the Crime Writers’ Arthur Ellis Award for best non-fiction and Joyce Carol Oates, writing in The New York Review of Books, hailed Finkle’s book as “a model of investigative journalism, ambitiously & carefully researched, & in its conclusions, original & provocative.” Baltovich was finally acquitted of killing his girlfriend, Elizabeth Bain, on April 22, 2008. In 2000, Finkle was hired as a contributing features editor at the weekly Saturday Night. From 2002 to 2007, he was the editor of Toro magazine, which garnered more than sixty National Magazine Award nominations, including Finkle’s gold for investigative reporting in 2005. Derek is also a founder of Canadian Writers Group. [Toronto Life (04/09); jeffarias.podbean.com (03/09)]
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When I (Sarah Fulford, Toronto Life editor) asked Finkle where he developed his interest in writing about the police, he told me his stepfather was an OPP (Ontario Provincial Police) officer. "People assume, because of the reporting I do, that I'm a lefty wing nut who hates cops, but that isn't true," he said. "I watched my stepfather operate as a cop, and he was fair and gentle and kind-hearted." Seeing how much good an officer can do instilled in Finkle a profound sense of outrage at police who abuse their power.
Finkle has followed the Toronto drug squad story for years, and has been frustrated by the way the media has covered it. "The press was so focused on why the investigation failed," he said, "that they lost sight of the original allegations."
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Just as novelists are self-publishing more and musicians are ditching record labels, it looks like magazine journalists may be making a move in a somewhat different direction, adding middlemen instead of doing away with them. As reported on both MastheadOnline and the Canadian Magazines blog, former Toro editor Derek Finkle has plans to launch a literary agency for freelance magazine writers. If the experiment is successful, it could change how writers interact with their clients (magazines) and affect relationships between writers and editors. More importantly, it might be the impetus to change long-frozen freelance rates. Most interestingly for editors, it could make the hunt for new talent, especially outside of one's city, much easier. Need a writer in Calgary to do a piece? Call up the agency instead of having to hunt one down yourself – plus, I would think, receive a guaranteed level of quality and professionalism. [dreamjobtk.blogspot.com]