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[T]he ABCP market was built on a fatal flaw: a significant mismatch between the duration of the underlying assets (long-term) and the duration of the paper itself (short-term). While this structure is not unusual -- banks use it all the time -- the crucial difference is that banks have a strong liquidity provider in the event of a problem: the Bank of Canada. The trusts, however, were left in limbo.
Paul Halpern
So why didn't ABCP investors -- at least the large institutional investors -- have a better grasp of the uncertain nature of market disruption triggers as defined under Canadian-style liquidity? Probably because the contracts were not available for review to investors wishing to purchase ABCP -- yet another example of the lack of transparency surrounding the distribution and sale of this product.
Paul Halpern
After the meeting, Guay met with Verville for a debriefing. Guay reports that Verville said that all investors would have to roll to avoid a market collapse. Guay told Verville that on Monday, at the first chance to roll its maturing paper, the Caisse should not be the only investor rolling in a particular trust. If that happened, it would end up in a worse position than not rolling at all.
Paul Halpern
[C]ritics of Canadian securities regulators sometimes point out that a number of high-profile US securities cases have resulted in prison sentences for the offenders, while incarceration for Canadian securities law violators seems very rare...[A]s has often been noted, incarceration is far more frequent in the United States for crimes of all kinds, yet it is not usually suggested that this is proof that the United States is generally a safer place to live than Canada.
Paul Halpern