Considering the debate over the merits of MGRM’s hedging strategy, it would
seem naive simply to blame the firm’s problems on its speculative use of
derivatives. It is true that MGRM’s hedging program was not without risks.
But the firm’s losses are attributable more to operational risk—the risk of loss
caused by inadequate systems and control or management failure—than to
market risk. If MG’s supervisory board is to be believed, the firm’s previous
management lost control of the firm and then acted to conceal its losses from
board members. If one sides with the firm’s previous managers (as well as with
Culp, Hanke, and Miller), then the supervisory board and its bankers misjudged
the risks associated with MGRM’s hedging program and panicked when faced
with large, short-term funding demands. Either way, the loss was attributable
to poor management.
Does this episode indicate the need for new government policies or more
comprehensive regulation of derivatives markets? The answer appears to be no.
MGRM’s losses do not appear ever to have threatened the stability of financial
markets. Moreover, those losses were due in large part to the firm’s use of
futures contracts, which trade in a market that is already subject to comprehensive
regulation. The actions taken by the CFTC in this instance demonstrate
clearly that U.S. regulators already have the authority to intervene when they
deem it necessary. Unfortunately, the nature of those actions in this case may
create added legal risk for other market participants.
To view the entire incident in its proper perspective, it must be remembered
that MG’s losses were incurred in connection with a marketing program
aimed at providing long-term, fixed-price delivery contracts to customers—a
type of arrangement common to many types of commercial activity. Systematic
attempts to discourage such arrangements would seem to be poor public policy.
Finally, MG’s financial difficulties were not attributable solely to its use
of derivatives. As noted earlier, the firm’s troubles stemmed in part from the
heavy debt load it had accumulated in previous years. Moreover, MGRM’s
oil marketing program was not the only source of its parent company’s losses
during 1993. MG reported losses of DM 1.8 billion on its operations for the
fiscal year ended September 30, 1993, in addition to the DM 1.5 billion loss
auditors attributed to its hedging program as of the same date (Roth 1994a).
Simply stated, the MG debacle resulted from poor management. As a practical
matter, government policy cannot prevent firms such as Metallgesellschaft from
making mistakes. Nor should it attempt to do so