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US Government Debt Different - Finance Department - University of ...

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86 A Market for End-<strong>of</strong>-the-World Insurance? Credit Default Swaps on <strong>US</strong> <strong>Government</strong> <strong>Debt</strong>ConclusionThe market for CDS on <strong>US</strong> government debt is remarkably thin. Ifwe compare the net value <strong>of</strong> sovereign-debt CDS outstanding withreference debt levels, we see that the <strong>US</strong> market is an order <strong>of</strong> magnitudesmaller than the markets for other large government borrowers,including those that also have high credit ratings. The prevailing explanationfor the thinness <strong>of</strong> the <strong>US</strong> market is counterparty risk, butthis explanation is difficult to reconcile with the privileged positionthat derivatives counterparties enjoy under <strong>US</strong> insolvency law. Moreover,the strong correlation between the insolvency risk <strong>of</strong> the <strong>US</strong>Treasury and that <strong>of</strong> many banking firms means that sales <strong>of</strong> CDS on<strong>US</strong>A could be used opportunistically to transfer expected value froma protection seller’s general creditors to its shareholders. While thereis no direct evidence <strong>of</strong> such conduct in the current market, regulatorsshould not disregard this hazard, which if realized could distortCDS prices and over-concentrate contingent liabilities, therebyproducing conditions similar to those in the market for mortgagebackedsecurities in the years leading up to the 2008 financial crisis.

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