Wolf D. Fuhrig

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6-22-03

Scandal at Freddie Mac

"As the American Dream Grows, So Do We," asserts a recent advertising slogan of Fannie Mae, America's leading buyer and seller of home mortgages. Fannie and her smaller sibling, Freddie Mac, buy mortgages from lenders and resell them at a profit. These transactions provide the mortgage market with the liquidity that made it possible for 43 million low and middle income families to become homeowners.

Congress sponsored Fannie and Freddie in 1938 and 1970, respectively, as buyers for home mortgages. Together, they issued close to $3,000,000, 000,000 (i.e., 3 trillion) in debt and produced $80 billion in annual revenues. Shareholder-owned Fannie and Freddie have long annoyed their private competitors because the two get better terms when they borrow, due to an implicit government guarantee that they would be bailed out if they failed. Both are also exempt from federal and state taxes and have a $2.25 billion line of government credit.

Freddie Mac should be able to share Fannie's pride in helping America grow but an embarrassing accounting scandal is tarnishing its hitherto relatively unblemished image. After Freddie had fired its scandal-ridden auditing firm, Arthur Anderson, its new auditor, PricewaterhouseCoopers, questioned the propriety of the company's accounting for its complex trading in futures, also called derivatives trading. Since the Feds' disclosure requirements for Fannie and Freddie are insufficient, investors could not possibly know what went wrong.

Freddie's board became concerned when three years of financial results had to be restated and still remained uncertain. Chairman Leland Brendsel, moreover, failed to cooperate with an internal investigation and admitted that he had altered and removed pages from a notebook that contained handwritten observations made at company meetings.

Under pressure, Brendsel quickly retired, while CEO David Glenn was dismissed, and CFO Vaughn Clarke resigned. That prompted Federal prosecutors to begin investigating Freddie's operations for criminal wrongdoing. As yet, nobody has been indicted, but the public at long last learned more about the shenanigans possible in insufficiently transparent financial institutions.

Because Chairman Brendsel retired, he was entitled to collect stock options and shares worth $21.1 million, $3.2 million in salary and bonus pay over the next two years, as well as health insurance and life insurance for the next five years. Since CEO Glenn was fired, he cannot collect all of his options and shares but will keep over $6 million. We don't know CFO Clarke's compensation package because, for whatever reason, the Feds require Freddie to disclose only the compensation of the five highest-paid employees.

In their eagerness to produce bigger profits, Freddie's executives traded billions of dollars in highly volatiles derivatives, an unnecessary practice that put large amounts of mortgage funds in jeopardy. Warren Buffet, the successful Chairman of Berkshire Hathaway, also known as 'the Oracle of Omaha', has characterized derivatives as "ticking time bombs" and "financial weapons of mass destruction."

In the week after Freddie's three top executives left, the company's shareholders lost a stunning $6.5 billion. Yet, neither the Securities and Exchange Commission, nor the Attorney General, nor the obscure Office of Federal Housing Enterprise Oversight have so far helped investors find out how much damage the alleged irregularities caused. Why Congress allows these two semi-governmental businesses to make political campaign contributions is another mystery.

Since 1990, Fannie's and Freddie's managements have endeared themselves to their political friends with $ 8.4 million in gifts. The recipients of those favors will not be easily persuaded to tighten the rules under which the two companies are supposed to operate. Yet, as a Wall Street newsletter suggested, Freddie in particular "ought to be given less rope to hang itself and others."

To mollify the millions of Americans in the mortgage market, Freddie Mac announced that the revisions of its accounting for the last three years will probably show a large understatement of earnings, and that "cumulative increases related to the account will have offsetting effects in future periods." Since this implies lower earnings expectations, I would advise you, dear reader, to stay away from investing in Freddie Mac, at least for now.