Friday, January 15, 2010

Big Banks Short Sell Fraud

Diana Olick, in her blog Realty Check today , disclosed how big banks are coercing real estate agents to pay them money on the side off the official settlement statement to get the banks, as second lien holders, to agree to a short sell (below the value of the mortgage). This is not just a questionable pattern of conduct, it is specifically illegal.  You should read her complete post in the link above.

Interestingly, although we have been very vocal for many months on the exceedingly inaccurate balance sheets banks are now allowed to publicly present, today's reaction to J. P. Morgan's earnings show a closer inspection of the information being provided.  While J. P. Morgan had $3.3 billion in "profits" this last Quarter, analysts were disturbed by credit costs. Its mortgage and credit card business has seen rising costs.  It set aside $4.2 billion in Q4 to cover mortgage losses which are up from $653 million vs a year ago.  It increased its commercial loan loss reserve to $494 million from $190 million.  Prime mortgage net charge-offs (what it expects to never be paid) increased to $568 million from $195 million a year ago.  It wrote off loans at an annualized rate of 9.33%.

Continuing his critique, Joseph Stiglitz, has written a new book, "Freefall: America, Free Markets, and the Sinking of the World", and just published an article entitled, "Moral Bankruptcy", in which he argues that the current financial system has created a moral hazard which is a direct threat, not just to a free market but to society.  As long as the systemically dangerous financial institutions are allowed to privately profit and disgorge their losses onto the public, they have no fear of failure and no reason to fear the law as long as they are considered "too big to fail".


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Wednesday, January 13, 2010

Leftovers - 12/26/2009

We are still trying to catch up from the  Google Blogger hiccup with three Leftovers we need to post as well as several other posts we have been planning.

The Leftovers from 12/26 are:

The Chicago Fed President, Evans, said the economy will continue to grow  over the next five years, but unemployment will remain high and inflation tame.  Consequently, there will be no need for the Fed to change its low interest rate policy.  He said, "I think the focus is going to be on how the economy is playing out, how unemployment is coming down and whether or not inflationary pressures remain as as they currently are."

Federal estate tax changes remain pending in Congress with a bill in the Senate and a bill in the House with different provisions. Both maintain a $3.5 million exemption but one indexes for inflation (Senate) and the other does not. Both maintain a 45% top tax rate.  The Senate bill unifies the gift tax and estate tax exemption and offers portability of federal estate tax exemption between spouses.  The House bill prevents the switch from step-up basis to carryover basis.

Financial reform with respect to  fiduciary responsibility continues to be watered down by lobbyists who have been able to have broker dealer representatives not held responsible for their firms limited product line (does this also excuse the firms preference for products?) and this is consistent with the position of the CFP Board, which has been actively recruiting financial salespeople.  They are attempting to also have fiduciary responsibility limited to each transaction and not a an entire client relationship.  The CFP Board has wanted to be named the regulatory body, despite no one financial planning association being a dominant designation and the CFP requiring the least course work, experience, or education.  It appears FINRA may be the default regulator.  It needs to be the proposed Consumer Financial Protection Agency, but the lobbyists may be successful in getting it killed.

Small business bankruptcies in California are up 81%.

Geithner says banks need to lend to business for the economy to grow and strengthen.  Treasury wants TARP rules relaxed to allow small business lending -- wants to commit $30-40 billion -- but he wants it to go to large banks when it should go to local banks.  Geithner also said a double dip (he refused to use the actual phrase) is not going to happen, that it is completely within the capacity of the government  to revent, and the the government will do what is necessary to prevent it from happening..

Greece budget cuts will reduce their deficit in 2010 to 9.1% of GDP from 12.7%.

Russia's economy is estimated to grow 2.5-5.0% in 2010, but it is estimated to shrink 8.7% in 2009.

Latvia warned Sweden to resume lending to Latvia or risk choking off recovery in Latvia.

Japan's exports are up 4.9% November - the most is 7 years -- but down 6.2% vs year ago.  The jobless rate is up to 5.2% from 5.1%; consumer prices down 1.7% vs year ago (9th month down); household spending up 2.2% (4th month).

GMAC is reported to be in talks with Buffet to sell its residential mortgage company, Residential capital, which needs $250 million net worth to maintain loan compliance.

The 3rd largest radio company with 224 stations, Citadel Broadcasting, filed bankruptcy to restructure its hefty debt load.

Food prices in India rose 19% through mid-December.  It could boost inflation as overall growth accelerates.  A Central Bank interest rate hike is expected in April.

Lloyd's (45% UK owned) agreed to pay 3.6 billion over 15 years to raise 2 billion in capital by selling hybrid Tier 1 securities on December 15th.

AIG's CEO stopped the public offering of its worldwide casualty unit, Chartis, calling it a central holding for future growth of AIG.  Goldman Sach's selling of mortgage backed CDO's while shorting the same securities over a two year period is becoming more documented as investigators pry into the AIG bailout.

Upton Sinclair: "It is difficult to get a man to understand something, when his story depends upon his not understanding it."


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Tuesday, January 12, 2010

German Bonds vs. U. S Treasuries & Inflation

A recent Bloomberg.com article entitled, "Bernanke Bond Spread Most Since 2007 Shows Decoupling", exemplifies the constant need to apply critical analysis when reading any article, book, or information from any source.  The article begins, "The correlation between Treasuries and German bunds that has prevailed since credit markets started freezing in 2007 is breaking down as U.S. economic growth leaves Europe behind." It immediately continues with "Yields on U.S. 10-year Treasury notes rose twice as fast as German debt with a similar maturity since the start of December ...".

Reading that one would think the US is tromping Germany, but why would Pimco be selling US Treasuries and buying German bonds (Bunds)?  The decoupling is actually the investor view that the German Bund is a safer investment and they are willing to pay for it while investors apparently believe U. S. Treasuries are a riskier investment demanding a lower purchase price to face value.  While investors generally seek higher yields, the perception appears to be that the ECB has been setting its interest rate policy not only to provide liquidity but with a constant eye on inflation (a dual focus).  Consequently, the Fed, which lowered interest faster and to near zero (zero to 25 basis points while the ECB is at 1%), will have a more difficult time shifting its focus from liquidity to inflation with inflation expectations already stoked and heating up.

As we said last month on the radio show, CPI going forward from this past January will show increasing inflation, because it will be comparing year to year with a past period of declining inflation.  With oil prices continuing to go up despite 26 miles of full oil tankers sitting offshore in the oceans around the world, because there is not enough storage on shore given the lower demand, it will be even more aggravated.  If there are food shortages as the result of growing conditions, as some have predicted (rice, soybeans, sugar), the price of food will be going up.  We are already starting to see a variety of commodity prices going up.

The recovery is fragile.  What is going to happen when China starts tightening its economic, monetary, and fiscal policies to fight its real estate/housing bubble, spending bubble, increased use of leverage, and the threat of inflation?



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SEC Seals AIG Bailout Information

Last year AIG filed an exhibit with its SEC financial filings detailing information about its bailout.  In May of last year, the SEC sealed the information and will not release it to the public until November 25, 2018.  The agreement by the SEC to treat this information as confidential when public funds were used is unconscionable and an absolute breach of fiduciary duty to the American people.

Unfortunately, the pattern is consistent with other efforts of the Treasury and the Federal Reserve to deny public access to bailout information.  The Fed is asking a U.S. Appeals Court to block a ruling that would force the Fed to disclose the names of financial institutions which received loans under the unprecedented $2 trillion U. S. loan program in 2008.

On a related note, AIG found several billions of dollars in bonds in filing cabinets in a locked storage room in 2008 when they needed to come up with collateral for a New York Fed loan.  As I remember it, it was $20 billion but I cannot find the reference in my radio show notes.  I have not made mention of this in my posts, but I know I have talked about it on my radio show.  I found this amazing when I ran across it, but Yves Smith has brought it back into the light of public discussion with this very excellent post.

The time for bailout secrecy passed some time ago.  It is about time government and the Federal Reserve caught up with their public duties and legal responsibilities to the people of the United States.

As an update, the U.S. House Oversight and Government reform Committee has indicated today that they will issue a subpeona to the New York Fed, because it has refused requests for documents on the AIG bailout which the New York Fed considers "confidential".  The New York Fed also instructed Neil Barofsky, the TARP Inspector General, to not release any "confidential" documents in his hands as the result of his November audit.  The Stonewall grows higher and thicker.


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Friday, January 8, 2010

CVS

I have a lot of catching up to do on two leftover posts from the last two radio shows plus other blogs I have wanted to compose on issues.  A question about CVS requires more immediate attention.

On the last radio show, 1/2/2010, a caller asked about CVS and said the PE was 13.  We do not screen calls and this means there is no way to have data on my personal computer screen already up to answer specific questions.  On this day, the station's wireless network was not strong enough to load any website much less the two services I normally have up in case anyone asks a specific question.  I pulled up a public website on the station's computer with an old square monitor which could not display a full page and I had to move the screen display right-left to read data.  Unfortunately, this public site also had a typo for PE at 1.3 when it should have read 13.1 (13.9 today).

Be that as it may, I was right in my quick review of the financial information and key ratios and description of the company and the advice which I gave, which was that I would not buy this stock.  As I explained to the caller, I never recommend a buy for a stock or fund on air, because should a statement could be construed by any one listening, without regard to individual suitability, as applying to them.  I might say that a stock or fund might be worthy or research or being placed on a watch list.

I have a "Disciplined Rules for Buying and Selling Stocks" that I give clients, which has 39 disciplined investing rules.  It could have more, but the 39 are enough to overwhelm most common investors.

CVS has a return on equity (ROE) of 10.9%, it should have at least 15% to be considered.  It appears that its history of increasing annual earnings will disappoint in 2009 with earnings close to 2008.  You want to see quarterly earnings up 25% or more and three such successive quarters are even better.  You want to see quarterly sales up 25% or more (last quarter for CVS was 18% and next quarter is estimated at 11%).  Free cash flow is only .55%.

I told the caller that CVS has been making acquisitions and it may be having difficulty in integrating these acquisitions and that it has a benefits management program that may be having earnings problems with respect to competition and Medicare Part D.

I told the caller that there was a very sharp price drop in November and institutional investors were selling more than buying (this week has seen an increase in institutional buying).  These are very bad signs as there must be a reason.  In fact, the price dropped below it 200 day line, which is a huge negative, on November 5th, which is the same day CVS held an analysts cal conference.  We discussed that the Long's acquisition was still being integrated into CVS.  The announced that the director of the benefits management program was retiring and the marketing director was being replaced.  The benefits management program has lost several contracts as the result of competition and the economy and it has had problems, as many benefits management programs have had, with properly underwriting its Medicare Part D program, which has resulted in smaller margins and less revenue and lower profits.

This stock belongs ranks 4th in its market group, although second in EPS.  There are 188 industry groups performing better in the market.  Its profit margin is 6.8%.  It debt to equity is 23%.  75% of the stocks in the market are performing better than CVS.  It is going to take a considerable effort to reach a proper buy point.

I was right in my advice despite technical difficulties.  This might be a stock one would place on a watch list, but nothing more.


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AIG & Geithner

Yesterday, I read blog after blog and article after article discussing how Geithner as President of the New York Fed told AIG to not disclose the favorable swap payments to Goldman Sachs and other large banks.  We were disconcerted, because this is not a new story.  We have discussed this on our radio show and in this blog on several occasions over many months. Other blogs have discussed this issue in the past.  The story has hit mainstream media through this New York Times blogBloomberg had a piece also. 

Has it now become "acceptable" for the main stream media to discuss the actual facts?

And let us not forget Geithner's involvement as New York Fed President in the the stock owner's fraud over disclosure of losses in the Merrill Lynch acquisition by Bank of America.

As I have been saying for months, Geithner and Larry Summers need to go.  They will have no trouble finding work with one of the large banks, which have become even larger under the Paulson/Geithner restoration of the financial pre-crisis status quo.


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Monday, January 4, 2010

Resurrection

As we have informed our radio show listeners, this blog has been down since 3:08 AM CST on 12/24/2009.  On 12/23/2009, Mark Thoma, an economics professor at the University of Oregon, published a link to our Monetary Policy post at 11:02 PM PST on his blog the Economist's View.  Approximately, thirty minutes later he posted a del.icio.us link to the Monetary post on Twitter blog feed.  Within two hours, Google's Blogger shut this blog down, we are assuming, because we had many views from two links coming into one post with links within the post that triggered automated software.  When we received the notification, we immediately asked for the blog to be restored at approximately 10 AM on12/24.  There is no means of direct communication with Google's Blogger.  The form provides a button -- and only a button -- to send a request.  Then you wait.

Over a year ago, Yves Smith, a financial consultant, of naked capitalism had a similar experience.  She got her blog back up, after every reasonable business method for contacting anyone at Google was not successful, when an individual she knew who had a brother working at Google talked to his brother.  The experience caused her to set up her blog on a website totally under her control.

As we have indicated on the radio show, we have started the process to establish our own website for this blog.  As a business management and financial consultant who specializes in problem solving, I do not wait and get nothing done.

 In the meantime, we were able to submit the Monetary Policy post as an article and it was accepted at a national financial internet publication and published in the same issue as an article by the economist Nouriel Roubini.on 12/30/2009.  Two other posts were also accepted a published: "China's Spending Bubble" and "Double Dip Probability - Leverage, the US and China"

The blog is back up, because Felix Salmon, who is an economics blogger at Reuters, personally intervened and contacted an individual at Google's Blogger.  Amazingly, this blog was live within six (6) minutes of his communication.  I owe Felix Salmon a debt of gratitude I will probably never be able to repay.

While we have an independent website for this blog created, we will continue to post here.




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