A Tiger Can't Change Its Stripes

Epsilon Theory

March 30, 2021·0 comments·Money

Regulatory crackdowns since 2009 were supposed to eliminate the insider trading playbooks that built fortunes in finance. But convicted fraudsters never disappeared. They just learned new structures. When a criminal gets caught, serves probation, and then major banks hand him billions in leverage again, it raises a question: did regulation actually stop anything, or did it just make wrongdoing harder to see?

•        Conviction became a speed bump, not a barrier. Bill Hwang pleaded guilty to insider trading in 2012, paid $60 million, and was sentenced to probation. Within years, he was back running a fund with tens of billions. The system had a mechanism to stop him. It chose not to use it.

•        New instruments made old crimes invisible. Instead of buying stocks directly, Archegos used total return swaps. These derivatives gave Hwang massive leverage (5x or more) while leaving no regulatory footprint. He could run the same collusion and manipulation playbook that got him convicted, but now the SEC couldn't track his trades.

•        Banks knew exactly what they were doing. The prime brokers understood that swap positions worth billions, hedged "risk-free," generated fees regardless of what happened underneath. They also understood they were doing business with a known criminal. The calculus was simple: the profits outweighed the risk.

•        Something forced their hand on Friday. The Archegos portfolio wasn't blown out by losses. It was liquidated by Goldman Sachs and Morgan Stanley in a coordinated "margin call" that crushed counterparty banks like Credit Suisse and Nomura. This suggests the banks had information that couldn't be ignored anymore.

•        If there are dozens more like him, what does that mean for markets? One convicted fraudster with billions in leverage produced squeezes, corners, and distortions that rippled through the entire system. The question isn't whether Archegos will blow up again. It's whether we're already inside the blowup of the next one.

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