Argentina wins brief reprieve from default, but the vulture funds are circling

Since defaulting on its debt in 2001, Argentina has been locked in a decade-long battle with international investors. Tensions between the country and institutional bondholders reached new highs on October 2, when the Ghanaian government seized the Argentine tall ship ARA Libertad. The ship was prevented…

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Since defaulting on its debt in 2001, Argentina has been locked in a decade-long war with foreign hedge funds. AAP

Since defaulting on its debt in 2001, Argentina has been locked in a decade-long battle with international investors. Tensions between the country and institutional bondholders reached new highs on October 2, when the Ghanaian government seized the Argentine tall ship ARA Libertad. The ship was prevented from leaving the port of Tema after a Ghanian court upheld a court order at the request of Argentina’s creditors, led by US hedge fund Elliot Associates, who are suing Buenos Aires over its 2002 bond default. NML Capital, a firm affiliated with Elliot Associates, is currently trying to recoup $1.3 billion of debt from Argentina through the US legal system in New York.

The fund was created by Paul Singer, a strong backer of the US Republican Party and former Republican presidential candidate Mitt Romney. According to The Guardian, Singer’s money-making strategy involves “buying distressed debt cheaply and selling it at a profit or suing for full payment”.

Such speculative financial and profitable operations are performed by hedge or financial funds known as “vulture funds”, which obtain their name because they hover like vultures over the remains of moribund companies or debtor states like Liberia, Peru and Argentina. As such, these funds operate in a highly opportunistic and exploitative manner.

According to investigative journalist Greg Palast, they “buy up the debt of the poorest nations on the planet, usually for pennies on the dollar, then sue or use other means to squeeze the nations to pay ten times, even a hundred times, what the vulture fund paid for the debt”. Palast also notes that Liberia was sued to pay $20 million to such a sovereign fund — the equivalent of building almost half a million homes in the former war ravaged nation. This practice has cost many African and Latin American nations millions of dollars and created immense social distress. The practice continues to persist unregulated around the world, netting millions of dollars without regard to the social consequences of the most destitute people in the world.

Hector Timerman, Argentina’s Foreign Minister, explains at the Huffington Post that “vulture funds” originated in South America and then spread to Sub-Saharan Africa. “In the ‘90s vulture funds took flight and, have since then, landed on the Democratic Republic of Congo, Congo Brazzaville, Liberia, Zambia, Cameroon, Ethiopia secretly acquiring debt at bargain prices. They then waited for debt relief policies from the World Bank, IMF and wealthy nation-states to launch their attack presenting their titles before American and European courts and suing for the full value of the debt”.

In 2002, Argentina defaulted on its debt, which had been accumulated as a result of extremely poor economic management by successive governments. A large part of this debt was generated during the military’s dictatorship, which conducted a “dirty war’ between 1976 and 1983 on its political opponents. This was a murderous period which saw the disappearance of nearly 30,000 political opponents.
This was followed by a poorly executed and suicidal war against Britain over the Falklands/Malvinas islands. Between 1983 and 2001, a number of democratic governments managed Argentina following the now discredited neoliberal economic policies based on the Washington Consensus. These policies had catastrophic consequences, amassing billions of dollars in debt.

By 2001, Argentina’s debt stood at over $100 billion which at the time amounted to 1.5 times Argentina’s GDP. The debt was so large that Argentina was not even able to pay its interest dues, so it had no choice but to make the largest default in the world’s financial history. After its default, most of Argentina’s creditors accepted debt restructuring. In 2005 and 2010, as part of the debt restructuring plan, the great majority of bondholders agreed to exchange defaulted debt at very low prices. However, others holders of debt did not, so they sued. “U.S. District Judge Thomas Griesa … ordered Argentina to pay the holdouts, led by Elliott Management Corp’s NML Capital Ltd and Aurelius Capital Management, who rejected the swaps and are fighting for full repayment in the courts”.

The order shocked investors and outraged the Argentine government. Argentina’s President, Cristina Kirchner stated that her government will not pay a single dollar to the vulture funds comprised of Elliott Management Corp, an affiliate of NML Capital Ltd and Aurelius Capital Management, which own $1.3 billion of the debt. For its part, Argentina’s Economics Minister referred to Griesa’s order as “judicial colonialism”. “The judgement breaches Argentine sovereignty and threatens the whole of the world’s financial system and we … are seeing a clear case of judicial colonialism. All we need is the arrival of the fifth fleet”.

Argentina’s restructured debt currently stands at nearly $25 billion. The result of this is that Argentina could default on its restructured debt payment of $3 billion to its exchange bondholders by not paying on December 15. The worst case scenario is that the possible Argentine default could spread to countries in Europe, particularly Greece, which is facing massive financial pressures and distress as a result of colossal debt accumulated over many years of excessive borrowing. Indeed, the thought of default may not be too far away, thus threatening the financial stability of the whole of the Eurozone and the world.

This clearly is a worst case scenario and one that is highly unlikely to occur, but the possibility remains. In the meantime, Argentina has received some breathing space. The three judges which upheld Griesa’s decision have postponed any decisions to February 27, 2013, when arguments by lawyers representing Argentina and the “vulture funds” argue over payment details. In the words of Felix Salmon: “My hope is that somewhere up the chain, principles of national sovereignty and smoothly-functioning markets will prevail, and Griesa will be overruled”.

The certainty is that in these times of global financial dysfunction, the biggest winners will be extremely wealthy New York lawyers who will be celebrating all the way to the bank with their obscene exorbitant fees, while millions of Argentines will continue to struggle on a daily basis.

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21 Comments sorted by

  1. Peter Fenwick

    logged in via LinkedIn

    Mr Esposto's comments would be more balanced if he were to acknowledge that the world would be a better place if governments did not spend more than they are willing to tax, and that everyone felt a moral obligation to pay their debts when due rather than denigrate the creditor.

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    1. Gerard Dean

      Managing Director

      In reply to Peter Fenwick

      Here, here Mr Fenwick.

      Gerard Dean

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    2. John Knowles Stretch

      Arid Rangeland resident

      In reply to Peter Fenwick

      "The world would be a better place if" Peter Fenwick?!
      Please be serious. When the evidence is ample that deceipt and self interest too often rule the roost in the sphere of government politics and in cases where this is so, it is a rank injustice to seek to pin any redemption of associated debt ..on an ill-represented and patently innocent party.

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    3. lavinia kay moore

      child and family counsellor

      In reply to Peter Fenwick

      Peter I agree with you that (some) governments seem to be operating on the principle that they can fool most of the people most of the time, and that by promising less "interference" and lower taxes, they are actually doing good things for the countries they are supposed to be "managing". The USA is the best example of fiscal and financial irresponsibility insofar as the wellbeing of the vast majority of the American public is concerned. The other time honoured occupation of such morally bankrupt…

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  2. Gerard Dean

    Managing Director

    A little history might help save a few misplaced tears.

    In 1900 the two richest nations per head of population were Argentina and Australia. Their riches were exports of meat, grain and minerals to a hungry Europe.

    One hundred years later, Australia maintains its place as the richest nation whereas Argentina is an economic basket case. Don't get me wrong, I like Argentina and its people, however the author has nailed the nub of the issue stating, 'In 2002, Argentina defaulted on its debt, which…

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    1. Russell Walton

      Russell Walton is a Friend of The Conversation.

      Retired

      In reply to Gerard Dean

      Gerard Dean,

      I can spare a few tears for the millions of Argentines living below the poverty line who had absolutely nothing to do with the corrupt and incompetent policies of former authoritarian governments. They don't have any savings to lose, just their next meal.

      The essential difference between Australia and Argentina is British institutions.

      Your easy assumption of the moral high ground is unjustified.

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    2. John Knowles Stretch

      Arid Rangeland resident

      In reply to Gerard Dean

      You miss the point Gerard Dean, as any monies that may be gathered by vulture funds are with certainty not about to better the lot of superannuants in penury, in Argentina ..or abroad.

      This "Argentinian" fraud of yesteryear is akin to the more recent fraud perpetrated during the GFC and in its aftermath. By perpetrators that are the antithisis of conservative capital management ..but are rather, fraudsters themselves. Specialist in the parcelling of toxic debt that can be traded to the unwary: on an unsound premis that the arm of 'sovereign administration' is legitimately, a soft touch.

      This is a process that is returning parts of the globe to the feudalism ..that milks a defenceless majority, with impunity. An unhealthy environment ..for traditional, law abiding business.

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    3. Aleksandra Hadzelek

      Lecturer in Social and Political Change at University of Technology, Sydney

      In reply to Gerard Dean

      Gerard, your comment posits that Argentinian pensioners and Argentinian workers willingly supported the policies of their governments that borrowed money, and that it was the Argentinian pensioners and workers who reaped the benefits of these loans and thus should be punished now for having done the wrong thing in the past.

      You also suggest that English pensioners and German car workers should be given a priority in this messy situation because their governments and financial institutions chose the wrong investment to make profit.

      Thank you Russell for putting Argentina's situation in a context.

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    4. Gerard Dean

      Managing Director

      In reply to Gerard Dean

      Mr Walton

      Firstly, I do not say that Australia has high moral ground over Argentina, simply that we pay our debts - come what may.

      Secondly, you make an excellent point vis-a-vis British institutions. One may argue that the British invaded half the known world, but in so doing their institutions laid the foundations of the worlds greatest democracies including the first, New Zealand, the largest, India, the most powerful, USA, the nicest, Canada and dare I say, the best country in the world…

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  3. Shaun King

    Designer

    Perhaps it's not the Argentinians fault, or sub-sahara nations fault, or the indebted home owner ... perhaps it's the system of making loans, debt and interest charges that must be looked at.

    Sovereign Nations should never have to borrow money from outside investors. All govt spending should be created by the nations central bank, with no interest payable.

    If the Nation requires more money than raised in taxes, then they have to print more ... thus only debasing their own currency, and not…

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    1. Aleksandra Hadzelek

      Lecturer in Social and Political Change at University of Technology, Sydney

      In reply to Shaun King

      Couldn't agree more. The greed of financial institutions doesn't seem to have a limit. We've created a monster system that benefits few and makes lives miserable for millions. It is time to change the system entirely.

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  4. Russell Walton

    Russell Walton is a Friend of The Conversation.

    Retired

    Alexis Esposito,

    Interesting article. In the past developing countries have been the victims of the IMF and Western institutional investors' 'Structural Adjustment' policies.
    Now that the effects are closer to home, in Europe, it might be time to re-consider.

    A more accurate description of Singer's fund is "parasite".

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  5. Mat Hardy

    Lecturer in Middle East Studies at Deakin University

    With such financial disaster looming, guess it's time for the Argentinian government to start really ramping up the rhetoric on the Falklands.

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  6. Guillermo Garrigos

    logged in via email @optusnet.com.au

    Hey Alex!! Good article mate!

    Question though. Bearing in mind that Argentina defaulted 20 years after the military dictatorship left, that is, 20 years of successive democratic governments still issuing bonds and badly handling the revenue they raised, mainly siphoning it in to the politicians own accounts around the world, and then offering investors a 10th of the amount they guaranteed; are they any less of a vulture than NML Capital?

    As you and I have discussed many times, the fundamental problem in Argentina is not the Vulture Funds or any “colonialist’ foreign power, it is that the Argentinean institutions are rotten to the core and successive democratic governments have used their nation’s credit to enrich themselves, including CK who’s wealth has grown exponentially since coming into power. We need to start writing about the disease as well, so we can put the symptoms into context. As Mat Hardy said, expect the Falklands’ rhetoric to be ramped up.

    Well done mate!!!

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  7. Comment removed by moderator.

  8. Reinhard Dekter

    logged in via Facebook

    The whole fiasco with national default is exposing the fact that government bonds are not loans, they are a tax on any investor dumb enough to be holding the bag when the whole thing goes West. As such the primary vultures are the politicians and politically connected people and industries that benefited from the free wealth they were generously given by foreign and domestic investors, who have subsequently been wiped out.

    Contrary to the first commenter's plan thye solution is not pure inflation. All governments already inflate at the maximum amount they think the country can bear, but everyone still borrows money - even Australia - despite this. The only solution is to have a smaller, less controlling government with strictly limited powers and scope of authority. And number one on the list of priorities should be to denationalise money. That way inflation is impossible.

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  9. David Hamer

    student

    These so called vultures aren’t as bad as the article makes out. They wouldn’t exist if they were bad for everyone. They don’t create the debt they just buy a bad debt and enforce it. This provides some compensation for the German car makers (who would otherwise likely receive nothing) and in a way holds bad government policy to account. Whilst I am actually sympathetic with the Argentinian people the one sided nature of the article is frustrating.

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  10. Erik Streed

    Lecturer in Physics at Griffith University

    There is a cost to accessing international debt markets, namely agreeing to contract adjudication in a global financial centre such as New York, London, Tokyo, etc. This debt was issued in USD with enforcement through US courts explicitly because of the sovereign risk Argentina posed. The primary technical error that Argentina made was issuing debt which did not include suitable collective provisions for renegotiation of the agreement. If they had, a majority of debt holders of a particular bond series agreeing to a swap would have made it effective across all debt holders of that series.

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  11. Rosaria Burchielli

    Senior Lecturer in Business Ethics at La Trobe University

    Great article Alex, I recently visited Argentina, where the divide between rich & poor has never been so in-your-face. The current government is taking a responsible stance with what resources it has - there is evidence of many social policies in place. However, minimum wages are low; welfare payments are low, and the informal economy is growing. Governments cannot be expected to perform 'loaves and fishes' miracles, nor can they undo irresponsible practices by previous governments, and in particular, dictatorships such as the military regime mentioned in Alex's article. Other commentators note that we Australians are lucky that we have not experienced such events. Now, many would say that our privileged position bestows on us a moral duty to consider how we can challenge the actions and behaviours of firms and institutions that prey on the weak using dubious practices, and that ot to do so makes us complicit. Sitting back and blaming the victim is both lazy and anachronistic.

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  12. Jason Grant Allen

    logged in via Facebook

    This highlights to me the inappropriateness of Trust Indenture Act qualified bonds for sovereign borrowers - the act prohibits binding majority resolutions that affect the principal, rate of interest and maturity, facilitating holdout bondholders like the funds discussed here. English law bonds for example could allow a supermajority of compromising bondholders to bind the minority to an adjusted repayment plan. This is crucially important for states as there is of course no formal insolvency procedure…

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  13. Baz M

    Law graduate & politics/markets analyst

    Good article Sergio. A little one sided but I can understand why.
    Now before I get into the arguments against Argentina, let me establish my view that at the end of the day, anyone especially in a global context who's economy is not in a stable state and dares to offer bonds, has only themselves to blame regardless of the lack of ethics or morales of such bond holders. This perhaps is the reason why centuries ago interest was frowned upon and generally illegal. However that's another largely…

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