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Brian Judge warns that the financial system is increasingly exposed to complex deals that few can assess

Economy / opinion
Brian Judge warns that the financial system is increasingly exposed to complex deals that few can assess
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A defining feature of financial markets is that the most important information is often held by those least likely to reveal it. The system’s inner workings are invisible to outside observers – which makes it all the more striking when leading Wall Street executives start sounding the alarm.

In October, JPMorgan Chase CEO Jamie Dimon warned of “cockroaches” lurking in the private credit market. His remarks quickly reverberated across the industry, with UBS Chairman Colm Kelleher pointing to the “looming systemic risk” posed by poorly regulated private credit, which he likened to the rating-agency failures that helped trigger the 2008 financial crisis.

At its core, private credit is lending that takes place outside the traditional banking system. Loans are made by investment funds, often managed by firms that specialize in corporate buyouts.

Unlike bank loans or publicly traded bonds, these deals lack transparent pricing, an active secondary market, and meaningful regulatory oversight. Terms are negotiated privately, valuations are set internally, and the investors whose money is at risk – often pensioners and insurance policyholders – have virtually no ability to verify any of it.

Despite – or perhaps because of this opacity – private credit grew rapidly after the 2008 crisis, as banks pulled back from riskier lending and private credit funds rushed to fill the vacuum. Today, the industry manages roughly $3.5 trillion.

The rise of private credit is often framed as a story of financial innovation, with traditional banks retreating and nimbler private lenders stepping in. But a closer look reveals a troubling, eerily familiar pattern: layers of leverage, widespread self-dealing, offshore regulatory arbitrage, and a feedback loop that ties the savings of millions of retirees to risky bets on AI data centers, leveraged software companies, and bundled loans marketed as safe investments.

Much of this activity is driven by private equity. When private-equity firms acquire companies, they typically rely on debt provided by private credit funds. But the initial buyout is just the beginning, as portfolio companies often undergo multiple rounds of borrowing to finance additional acquisitions, refinancings, dividend recapitalizations, and restructurings.

A single deal can therefore generate several separate transactions. In many cases, the lender and the private-equity sponsor are affiliated, allowing the same parent company to collect fees on both sides of the deal while deploying other people’s money – namely, retirees who believe their savings are safe.

Over the past decade, large alternative-asset managers have taken this model a step further by acquiring life-insurance companies. Apollo’s 2022 merger with Athene, which has roughly $400 billion in assets and serves more than 535,000 policyholders, helped set the template: insurers provide a steady stream of capital, and affiliated asset managers channel it into private credit, with profits generated at every step, from insurance float to deal fees and carried interest. Nearly every major alternative-asset manager has since followed suit.

Traditional banks making similar loans operate under strict capital requirements. Unlike private credit funds, they must hold reserves against potential losses, submit to regulatory scrutiny that can force write-downs, recognize losses before borrowers default, and undergo stress tests whose results are publicly disclosed. Against this backdrop, it is hardly reassuring that roughly one-third of the US life-insurance industry’s $6 trillion in assets is now invested in private credit.

To boost returns, these firms employ what industry analysts call the “Bermuda Triangle” strategy, whereby a single sponsor controls three interlinked entities: a life insurer, an asset manager, and an offshore reinsurer. The insurer gathers premiums; the asset manager channels those funds into private credit deals it originates and prices; and the reinsurer – typically based in Bermuda or the Cayman Islands – assumes the insurer’s liabilities under looser capital requirements than those imposed by US regulators.

The system is already showing signs of strain. Software companies, long a favored target for private-equity buyouts because of their steady revenues and low capital expenditures, are being repriced as AI threatens widespread disruption. Private credit funds’ exposure to the sector is an estimated $600-750 billion, fueling liquidity pressures. Blue Owl recently restricted withdrawals from a $1.7 billion retail fund, and Blackstone’s BCRED has recorded its largest net outflows since its inception. The shares of publicly traded alternative-asset managers have also fallen sharply.

These developments highlight a deeper structural problem. When the same firm originates a loan, holds it in a fund it manages, values it using its own models, and reports that value to an insurer it owns, the result is unlikely to reflect what an independent buyer would pay.

Whether turmoil in private credit markets could trigger a broader financial crisis is impossible to know in advance, but that uncertainty is itself part of the risk. Before 2008, few observers understood how vulnerabilities in the US subprime-mortgage market could cascade through the global financial system. There is no reason to assume that we have a better view of the risks in private credit markets today.

To be sure, none of this means a financial crisis is inevitable. But it does suggest that risk has migrated into less transparent structures, subject to lighter regulation yet still tied to government guarantees. The gains accrue to Wall Street, while the potential losses may once again fall on retirees and state insurance systems. In that sense, the echoes of 2008 are becoming hard to ignore.


Brian Judge is Research Director of the Program on Finance and Democracy at the University of California, Berkeley. Copyright: Project Syndicate, 2026, and published here with permission.

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27 Comments

I've a sort of sick feeling of unease about the obvious truth in Brian Judges article and reckon it's all going to come unstuck this year, inline with my very negative take compared with other peoples differing projections (guesstimates) at interest.co.nz at the start of the new year. I didn't record what I wrote for bragging rights because my words on paper are irrelevant to real world events, and there's no personal honour,  but I get some small satisfaction that my start of the year assessment is likely on track.

I used Perplexity AI to find https://www.interest.co.nz/personal-finance/136730/2026-likely-be-year-… 2026 is likely to be a year of growing instability in global financial markets, washing over our shores in stronger waves. Time to record your 2026 predictions - and check how you did last year 

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"Buckle your seatbelt, Dorothy, 'cause Kansas is going bye-bye"

I am not sure 6,000 on S&P 500 will hold, there is a trend line around 5,600, I am more of a believer that its going back toward 5,000

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I added the Perplexity AI link to my comment in an edit after your post.

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When a massed collection of forward bets - a 'pension fund', say - wants to increase its numbers without doing anything physical, it can either piggy-back off those who are, or it can compound its overhang by acquiring/tapping into a forward bet like itself.  

Thats a Ponzi/pyramid - it was always going to implode at some point - and it includes house prices in the First World; it includes 'valuations' on just about everything. 

Like I say - if you're hungry enough, the Mona Lisa is worth a few pizzas. 

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My only disagreement with your 2026 prediction is that NZ returns to QE. I think we are going to have an inflation issue, and QE would only make that problem worse. Fine when deflation is your enemy. But to increase aggregate demand (by the central bank buying government bonds) would only make inflation worse - central banks will most probably be trying to decrease aggregate demand this year, not increase it - even if/when GDP is low or negative (that is stagflation).  

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 I think we are going to have an inflation issue, and QE would only make that problem worse. Fine when deflation is your enemy. 

Not necessarily. QE will not force people to take on massive debt through commercial banks. The Standing Repo Facility and Reserve Management Purchases program are “QE in disguise” or “stealth QE,” because they inject bank reserves and support Treasury funding even if not called asset purchases.

RBNZ has long‑standing facilities including:

- Overnight Reverse Repo Facility where counterparties can borrow cash overnight from the RBNZ against eligible collateral at a rate above the OCR

- Bond Lending Facility, where counterparties can borrow bonds from the RBNZ at a spread to the OCR.

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I don't get it - my understanding is that the point of QE is to artificially reduce interest rates and thus increase aggregate demand in the economy.

No central bank is stupid enough to do it in inflationary conditions (absolutely during deflationary times e.g. 2008, 2020 but this ain't it) because it will make their problems worse, not better. Imagine how bad 1970s inflation would have become if they ran QE because they had bad GDP numbers. What is different now?

If they do what you suggest, then the corruption and manipulation is far far far worse than I first imagined. Actually evil. Ie they hate the financial well being of their own citizens in order to maintain a broken system they themselves created. When would such behaviour be considered treason?

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People automatically assume that QE results in aggregate demand. It doesn't. You still need punters willing and able to borrow from commercial banks.

The Fed and the Anglosphere can do QE again in a mechanical and legal sense; the constraints are as I described and political

After the 2008–2021 period, QE became heavily politicized: critics on left and right blame it for asset bubbles, inequality, and post‑Covid inflation, which has eroded political support for it.

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Why I don't think it is an option - unless deflation appears again. Punters are only more willing to borrow more when rates go down, not up. And for rates to go down, not up you need deflation not inflation. And QE is only a consideration for central banks in conditions like 2008 and 2020 when deflation was a serious concern (ie that is how we avoided 1930's style depressions from starting in 2008 and 2020 - using QE to artifically lower interest rates so we could lend more money to punters, even though all that was doing was creating more of the problem we already had - too much debt relative to our productivity/GDP). 

It isn't a consideration for them now because artificially lowering rates via QE to stimulate more lending will only create more inflation. And more inflation means rates need to go higher, not lower, and means people have less $$ to spend on debt servicing because inflation is chewing up their disposible income. 

The west needs to start producing more (goods and services), not more debt. But our goods and services are expensive because our cost of living is high, because housing is overpriced. We've basically backed ourselves into a corner that is very difficult to get out of via extremely selfish and short term thinking of recent generations of political leaders and heads of treasuries and central banks. All men/women who profited great at the expense of future generations. 

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" And for rates to go down, not up you need deflation not inflation. "

Just as CBs struggle to anticipate the rate of inflation they also struggle with deflation so deflation is not required to occur before interest rates are reduced merely the fear that deflation may occur without a reduction in interest rates.

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Japan created what we refer to as QE. Its early-2000s program became the template for later QE in the U.S., U.K., and Eurozone. Bank lending and credit creation stayed weak; studies show bank credit growth remained negative or very subdued, so base money expansion did not translate into broad money or private demand.

In the case of Aotearoa, the idea that QE can work indefinitely requires that more people take on increasing amounts of debt. If the Ponzi had collapsed, I suspect that even the ruling elite and central / commercial bank boffins would believe this. But given that it appears the Ponzi has not collapsed in any meaningful way (it's just destroyed the value of our productive sector), then there's a likelihood that they think the sheeple will load up on more cheap debt if given the opportunity.

So suppressing the price of debt as an economic or "wealth building" strategy is outdated and limited in my opinion.    

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Ever expanding private debt is indeed "outdated and limited'....dosnt mean it wont be relied upon however, especially when the alternative requires a transfer of assets to the public.

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But our goods and services are expensive because our cost of living is high, because housing is overpriced.

Is this not the curse of every modern society irrespective of asset bubbles? Inflation leads to increase demand for wages, leads to higher paid workforce, leads to more expensive to produce goods and services.

Do you allude to greater inflation from increased money supply due to increased private credit from increasing asset prices?

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Agree that higher inflation follows the rise in oil prices as predicted by a very large number of analysts internationally, and this will occur short, medium and long term (since it's persistent and difficult for central banks to reduce). The QE bit in my start of year prediction idea is due to enormous and growing USA debts, and since printing money doesn't cost a lot, and investors outside the USA like buying $US, so it's a quick way of offloading the cost of USA debt elsewhere, plus onto its own unfortunate citizens including pensioners who are too 'sleepy' to fight back.... the 'art of the deal'.

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"and since printing money doesn't cost a lot"

It costs a huge amount because it causes aggregate demand and thus is an inflationary force. It destroys the value of your currency so the cost couldn't be any higher!!!

What you guys are suggesting is like fireman showing up at a house fire with petrol, not water. 

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As in it doesn't cost a lot to run a printing press. If this is perverse yes it is perverse, but the USA govt. is an impulsive insightless wrecking ball.

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May I suggest a book Nigel - it's called 'The Changing World Order' by Ray Dalio. A great read and gives historical context to the devaluation of currencies and the political/geopolitical and financial implications of this practise (including money printing). 

https://www.amazon.com.au/dp/1982160276?ref_=mr_referred_us_au_nz

 

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I'm not advocating QE, just predicted it to happen again in 2026 ( as a desperate move by governments and central banks who do it as a last resort option as did for Covid-19). I have quite a few times listened to Dalio on online videos though haven't read his book, agree with his take on things, and accept that greed will rule plus its consequences unless people rein it in for the common good.

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Don't touch complex deals.  Never ever.

If it has to be "complex" then it has to be dodgy.

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Mostly, yeah.

I try to trade in simplicity. Less profitable, but also less headaches.

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Do the incoming pay for the outgoing??

or is it just a punt on higher, PEs

 

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it is hardly reassuring that roughly one-third of the US life-insurance industry’s $6 trillion in assets is now invested in private credit.

I have found out (not personally, lol) that "Life insurance" is a scam.  Not one of my friends who lost their lives has been replaced by the insurance company.

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its hard to argue a claim in this industry....

 

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"Life insurance"

Astonishingly, you can only pay for it while you're alive (sarc)

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This all smells of déjà vu form 2008.

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You know when youtube is pumping ads for private trading platforms aimed at the average joe to get into trading, that the saturation is too high and the risk is high accordingly.

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Global private credit AUM is around USD 1.7 trillion by 2025 and had been projected to roughly double by 2030, with a significant share directed to real estate and asset‑backed lending.

The CRE apocalypse in the U.S. has been an indicator that something is broken way - and not just in the past 6 months. 

CRE distress and delinquencies are still rising, especially in the US office space, with total distressed assets exceeding USD 100 billion by early 2025. Private credit markets have been involved where

- Refinancing “orphaned” loans where banks will not extend

- Recapitalizing sponsors with impaired equity

- Acquiring non‑performing loans and providing rescue financing

Pvte credit has been rampant in Sydney, particularly in its hospitality sector. People don't really pay attention and examine the links with the Ponzi.  

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