Regulatory
CMRA provides independent financial and market expertise to
institutions, counsel and regulators facing complex regulatory
inquiries, investigations and enforcement matters.
Our work combines hands-on experience in derivatives, trading,
valuation and risk management with a practical understanding of
regulatory expectations, market practice and financial institutions.
CMRA has worked on both sides of the regulatory relationship,
helping institutions assess and respond to regulatory concerns while
also assisting regulators in understanding complex financial markets.
Independent Expertise for Complex Regulatory Matters
Market Expertise + Regulatory Context
Navigating Complexity Between Markets and Regulation
Complex regulatory matters often turn on how financial products, markets and institutions actually operate in practice.
CMRA combines experience in derivatives, trading, valuation and risk management with an understanding of regulatory concerns and market practice. This allows us to analyze highly technical issues in their proper financial and institutional context.
We translate complex market activity into clear, defensible analysis for regulators, counsel, boards and senior management.
Regulatory Services
Support Across Regulatory Matters
CMRA provides independent financial and market analysis across regulatory inquiries, internal investigations and reviews of risk-management and compliance frameworks.
Regulatory Inquiries
Analysis of complex financial activity in response to regulatory questions and concerns.
- Trading activity and market behavior
- Valuation, pricing and complex transactions
- Market practice, controls and risk management
Internal Investigations
Independent financial analysis supporting legal, compliance and senior management teams.
- Transaction and position reconstruction
- Risk, valuation and P&L analysis
- Fact development and control review
Compliance & Risk Review
Assessment of whether governance, controls and risk frameworks are appropriate for the institution and its activities.
- Policies, procedures and governance
- Valuation and risk-measurement frameworks
- Remediation and control enhancements
Specialized Regulatory Expertise
Market Manipulation Investigations
Allegations of manipulation often turn on how markets actually behaved at a specific moment in time.
CMRA analyzes trading activity, price formation and market practice in matters involving benchmark rates, foreign-exchange fixes, securities auctions and financial-product settlement values.
Benchmarks & Fixes
ISDAFIX, LIBOR and foreign-exchange benchmark matters involving pricing, trading activity and market practice.
Auctions & Trading Activity
Treasury and corporate-bond auction allegations, transaction analysis and reconstruction of market conditions.
But-For & Damages Analysis
Assessment of market practice, damages and but-for price or valuation levels, including options settlement matters.
Our analysis combines quantitative evidence with an understanding of trading behavior, market structure and the economic context of the transactions at issue.
Explore Market Manipulation Expertise →Perspective Matters
Experience on Both Sides of the Table
CMRA’s regulatory work is informed by experience advising institutions and counsel as well as working directly with regulators on complex financial-market issues.
Institutions & Counsel
Understand the concern. Reconstruct the facts. Explain the market context.
CMRA helps institutions, boards and legal teams analyze trading, valuation, risk and market-practice issues and translate those findings into clear, defensible financial analysis.
Regulators
Explain the product. Analyze the activity. Clarify market practice.
CMRA has worked directly with regulatory and governmental bodies to explain complex products, trading behavior, valuation, market structure and institutional risk management.
That dual perspective helps identify the technical and market-practice issues most likely to matter in a regulatory review or investigation.
Selected Experience
Regulatory Experience in Practice
Much of CMRA’s regulatory and investigation work is confidential. The matters below include selected publicly disclosed engagements together with representative examples of the regulatory issues on which CMRA has advised institutions, counsel and regulators.
Long-Term Capital Management
CMRA advised the Federal Reserve Board of Governors on the risk-management implications of the Long-Term Capital Management crisis.
Bankers Trust
Participated in the comprehensive review of Bankers Trust’s derivatives business following regulatory scrutiny of its derivatives sales practices.
SEC Enforcement Matters
Served as an expert in multiple SEC enforcement actions involving complex financial products, market activity and related financial issues.
Federal Tax Court
Provided expert analysis, report and testimony involving a complex derivatives structure in federal tax court.
Representative Experience
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Regulatory Inquiries
Confidential matters involving derivatives, structured products, trading, valuation and risk management.
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Internal Investigations
Independent financial analysis, data review and fact development in support of legal and compliance teams.
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Risk & Compliance Reviews
Reviews of governance, controls, valuation and risk frameworks in connection with regulatory concerns and remediation.
Confidential engagements are described by institution type or matter type rather than by client name. Public matters are identified only where CMRA’s involvement has previously been disclosed.
Regulatory Insights
Recent Regulatory Developments
CMRA follows regulatory developments affecting derivatives, risk management, collateral, financial institutions and complex capital markets.
CMRA Has Been a Leading Voice Regarding Regulatory Issues Since Inception
“Risk is not bad. What is bad is risk that is mispriced, mismanaged, misunderstood, or unintended.”
“A clearing house for OTC products could be one alternative: “I could easily envisage a clearing house in which, once a deal is done, a central margining credit-enhancement vehicle takes over.”
“In response to the proposition for a clearinghouse that matches trades and guarantees that all contracts are honored, “It’s been talked about for a long time. “ But the idea, she adds, “hasn’t gone anywhere because of dealer resistance — the costs and the complexities in agreeing on what something can be valued at. ”
CMRA has an extensive history of adeptly bridging the gap between financial institutions and their regulators
Officials also wanted to directly address the parts of AIG’s business that were causing the most financial pain to the company. The continuing deterioration in value of the CDOs … meant that AIG had to post more and more collateral each day, which was a drain on their resources and potentially a threat to their solvency,” says Leslie Rahl, president of Capital Market Risk Advisors, a risk consultancy in New York.
- The Wall Street Journal (November 2008)
. . . It is often said that in a crisis, the markets move in sync. (correlations go to 1.) Asset classes can also move in opposite directions. "Some correlations go to -1," says Leslie Rahl, president of Capital Market Risk Advisors in New York City . . .
Leslie Rahl says "People put too much emphasis on asset diversification and not enough on diversifying the more subtle risk factors such sensitivities to volatility, to flights to quality, to credit, etc."
Managers can profit from analyzing their holdings for the correlative effects of such common factors as instrument opacity, complexity, illiquidity, and leverage. The key is understanding a portfolio's risk-factor concentrations.
"For instance", says Rahl, "maybe you want a limit in your portfolio on hard-to-value investments that is independent of asset class."
An overlooked common factor in the current credit crisis is vintage. MBS holders and credit rating agencies may have thought the assets behind these instruments were diversified by geography, but they didn't consider that different credit standards, some looser that others, in different years. "Most of these securities," noted Rahl, "were built with a high concentration of a single vintage.
- CFA Magazine (July/August 2008)
...In the rough-and-tumble of real-life trading, things can quickly get messy. Clearly the interests of the solvent and bankrupt parties are opposite when it comes to valuing contracts for early termination, and not surprisingly it can become contentious. Leslie Rahl, president and founder of Capital Market Risk Advisors, a risk consultancy, said that "there's almost always a difference of opinion, breakage between the value that someone thinks they're going to receive and what they do [receive]. Even if you have two [originally] matched trades you're going to take them off at different prices." In other words, what looked like two sets of perfectly offsetting positions-a perfect hedge-may turn out not to offset once quotes have been obtained and the contracts terminated.
- Journal of Global Financial Markets (Spring 2002)
Orange County didn’t know how much trouble its investment fund was in until… Leslie Rahl spent four weeks sorting it all out from both coasts last fall… [CMRA] uncovered the shocking $2 billion derivatives loss that forced the county into bankruptcy in December.
- Forbes (May 1995)
The latest trouble spot is an area called credit-default swaps, which are private contracts that let firms trade bets on whether a borrower is going to default. When a default occurs, one party pays off the other. The value of the swaps rise and fall as the market reassesses the risk that a company won't be able to honor its obligations. Firms use these instruments both as insurance -- to hedge their exposures to risk -- and to wager on the health of other companies. There are now credit-default swaps on more than $62 trillion in debt, up from about $144 billion a decade ago.
Credit default swaps "didn't cause the problem, but they certainly exacerbated the financial crisis," said Leslie Rahl, president of Capital Market Risk Advisors, a consulting firm in New York . . .
- The Wall Street Journal (September 2008)
"One of the questions people have to ask themselves is, how will these synthetic instruments behave in times of stress?" says Leslie Rahl, a former Citibank risk expert who now runs Capital Market Risk Advisors, a risk consultancy in New York. Normal risk modeling only approximates normal markets-the real test comes in extreme markets. And as Rahl likes to say, "We have a once-in-a-lifetime crisis every three or four years."
Even the skimpy historical record may be distorted by the ways that new entrants change market behavior. "There have been significant changes in how the credit markets work," notes Rahl. For instance, "the role of banks in working out bad credits has changed dramatically. Bondholders now play a much more significant role. So looking at data from the 1980s, probably there's little resemblance to the workout patterns and partners of today.
- Investment Dealers Digest (May 2005)
In the wake of problems at Manhattan Investment Fund and at Heartland Advisors and the new SEC guidance on "fair value" pricing for funds, CMRA conducted an NAV/Fair Value Practices survey. Participants included hedge funds, fund of funds, mutual funds and traditional money managers.
- AIMA Newsletter (July 2001)
While the resulting market chaos passed within months, the disputes between derivatives counter parties over valuations, definitions of swap agreements, and other complex matters have lingered. "Many of them are still being played out," said Leslie Rahl, president of Capital Market Risk Advisors in New York, a consultant on risk management and derivatives.
- The Wall Street Journal (January 2000)
After four days of round the clock meetings, the rescue team of county finance officials, consultants and Wall Street experts was within sight of its goal. To prevent a messy and costly liquidation of the fund's $20 billion portfolio, one of four big investment banks would be chosen to restructure the debt's and stop further losses. All that was needed was a green light from the county government. The county hired Capital Market Advisors, a New York consulting firm, last month to do some sleuthing in the portfolio. At that point, the county simply wanted to find out what the portfolio contained. What CMRA found far worse than anyone imagined.
- The Wall Street Journal (December 1994)