Archive for
September 20th, 2009
by ilene - September 20th, 2009 11:45 pm
Courtesy of Karl Denninger at The Market Ticker
Again, "WTF"?
A Swiss bank that used its Cayman Islands’ branch to engage in what a US federal judge has branded “predatory lending practices” is being investigated by the US authorities.
Senior officials of Credit Suisse, Switzerland’s second largest bank, are facing claims that they pocketed millions of dollars by dishing out loans that were impossible to repay.
Impossible to repay? What’s the judge say about this?
Credit Suisse has now been accused of loaning the money in an unorthodox and lucrative deal for the bank that federal bankruptcy judge Ralph B. Kirscher described in May this year as a case of “naked greed” that “shocks the conscience of this court.”
This was a bunch of low-level employees, or even middling staff, right? Uh, wrong:
Brady Dougan, the Chief Executive Officer of Credit Suisse First Boston, and Hans-Ulrich Doerig, Chairman of the Board of Directors, received the subpoenas along with past and current Executive Board officials and Credit Suisse’s Board.
“Bank officials have testified that Credit Suisse created a Cayman Islands ‘branch’ in 2005 to sell these loans.
“In reality, there was no phone and no staff in the bank’s phony branch.
“They used the Caymans to circumvent US banking laws and to issue inflated loans that Credit Suisse executives called a ‘gravy train’ in internal memos.“
What?!
The allegations here are that this institution’s directors, including the Chairman of the Board and its Chief Executive Officer were both involved in setting up a branch in the Cayman Islands that had no staff and no phones?
This makes two Swiss banks.
First we had UBS that ran a "private bank" for "special" US Citizens who didn’t want to pay their taxes and which, it is alleged, actually conspired with some of them to do things like hide diamonds in toothpaste tubes while crossing the US Border so as to secret out wealth without the IRS knowing about it.
Some few thousand (about 10%) of those "wealthy" US citizens were threatened with being "outed" (and presumably will be) but the rest…. well, there’s no enforcement there, right?
Now we have a judge that has said something you almost never hear in open court: that the conduct of a litigant "shocks the conscience" of the court.
That’s a legal term of art that was first established in 1953 in the United States in a famous case regarding due process of law. It refers to…

Tags: Credit Suisse, Karl Denninger, predatory lending practices
Posted in Uncategorized | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by Chart School - September 20th, 2009 11:31 pm
Courtesy of Corey at Afraid to Trade
A reader brought this chart to my attention, and I wanted to show a version of the monthly S&P 500 Index with respect to the 20 month SMA, RSI Indicator, and McClellan Oscillator.

This is a deviation from what I normally show, but this time we’re looking at volume, the RSI Indicator, and NYSE McClellan Oscillator (a breadth oscillator) on the monthly frame.
Price has rallied upwards to the falling 20 month simple moving average (green) and has done so on falling volume virtually every month since the March 2009 lows.
The RSI - coming off of deeply oversold territory - rests just shy of the 50 level, which alone can provide resistance (at the half-way junction).
Finally, the NYSE McClellan Oscillator, as I mentioned in a previous post, is forming a divergence with price. The oscillator spike to 75 (closing basis), which was the highest level seen since the birth of the 2004 rally that led us to the 2007 highs.
Bursts up like this in the McClellan Oscillator are positive, and can underlie future strength… as we’ve seen off the late 2008/early 2009 burst to new highs.
The Oscillator is forming a distinct negative divergence with price as we’ve continued to rally - that’s a bearish non-confirmation.
As bulls have shown, there’s no guarantee these developments will lead to a down move, but it’s something the bulls certainly have to overcome to keep the market rallying.
Corey Rosenbloom, CMT
Afraid to Trade.com
Tags: $SPX chart analysis
Posted in Uncategorized | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by Zero Hedge - September 20th, 2009 11:24 pm
Courtesy of Tyler Durden
There is blood in the water… that of Ken Lewis, and the sharks are all over it. The latest to join the dismemberment party of one Bank Of America Chief Executive Officer, is New York Representative, and Chairman of the Committee on Oversight and Government Reform, Edolphus Towns. And while the traditional defense provided by Lewis, BofA, and respective lawyers, has been one which delegates any wrongdoing to the attorney-client privilege gray area, Towns has told the bank it “cannot use attorney-client privilege when dealing with Congress.” The last piece of armor that Lewis had has just been torn off. From a strategic point of view, the question now becomes whether Ken Lewis, soon to be faced with the traditional prisoner’s dilemma, will out his “dealer” Hank Paulson, in exchange for a slap on the wrist, as the alternative could be a much more gruesome fate easily involving an 8×10 cell.
From the New York Times:
In a sternly worded letter on Friday, Mr. Towns, a New York Democrat, said the bank must divulge when it became aware of the enormous losses at Merrill last year, when it received a commitment from the federal government for a second round of bailout money and what legal advice its management received about whether it had to disclose those developments to the bank’s shareholders.
Mr. Towns gave the bank until noon on Monday to provide answers and relevant legal documents. He said it seemed that the bank was “hiding information.” The bank replied to Mr. Towns’s committee late on Saturday, asking him to delay that request until after Tuesday, when Mr. Towns meets with Anne Finucane, the bank’s chief strategy and marketing officer, who oversees public policy at the bank. But a spokesman for Mr. Towns said on Sunday that he was sticking to the deadline.
At this point Lewis is done. Whether it is the judicial track spearheaded by Rakoff, the criminal one where Andrew Cuomo shows no signs of relenting, or the Congressional, now that Towns has joined the fray, the CEO is over. The question is will he go down quietly, and be the sacrificial lamb for a confluence of many different interests, or will his fall be one of flames not only for the former Treasury Secretary but also for the current Chairman of the Fed, both of whom have been indirectly implicated in a massive conspiracy to defraud BofA shareholders…

Posted in Immediately available to public | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by Zero Hedge - September 20th, 2009 9:56 pm
Courtesy of Tyler Durden
Newton’s third law of motion: F1 = -F2
Obama’s first and only law of economics: Stimulus Today = 2x Hangover Tomorrow
In 10 days auto companies will announce their September auto sales. If auto specialist Edmunds.com is right, expect to see an unprecedented decline in the September SAAR number: from 13.7 million in August to a 28 year low of 8.8 million!
September’s light-vehicle sales rate will fall to 8.8 million units, consumer auto site Edmunds.com said. That would be the lowest rate in nearly 28 years, tying the worst demand on record.
After the cash-for-clunkers program boosted August sales to their first year-over-year increase since October 2007, demand has plunged. In at least the last 33 years, the U.S. seasonally adjusted annual rate has only dropped as low as 8.8 million units once — in December 1981 — with records stretching back to January 1976.
Demand increased to 8.9 million in the first five days of September, with 3.6 percent of sales from cash for clunkers. The rate slipped to 8.7 million from Sept. 6 to Sept. 12, Edmunds.com said, with 3.3 percent of deals leftover from cash for clunkers.
The slide in demand also has lowered the average dealer profit per vehicle, the consumer auto site said. The average was $981 the week leading up to the July 24 launch of cash for clunkers, and that steadily increased to $1,494 the last week of the program. As of last week, average dealer profit had slipped to $1,303 per vehicle.
“Many people regard February as the darkest month of the recession, but even then the SAAR was higher, at 9.1 million units,” Edmunds.com senior statistician Zhenwei Zhou said in a statement.
And the simple observation that anyone in Obama’s crack team who had ever read Econ 101 would have figured out:
Now that consumers can’t receive $3,500 to $4,500 for trading in gas guzzlers for new vehicles with better fuel efficiency, they aren’t rushing to purchase vehicles.
The silver lining: thousands of Americans took out new lines of credit and other loans that will add to the increasing monthly bill, while their wages (if they are lucky to be employed) decline in real (and nominal) terms, or have less and less emergency unemployment benefits left. Thus money which could have been spent more efficiently to pay down consumer debt, ended up propping bank balance sheets, with the blessing of the President, whose primary agenda purposes are…

Posted in Immediately available to public | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by ilene - September 20th, 2009 9:15 pm
Courtesy of Adam Sharp’s Bearish News
William Black is the author of The Best Way to Rob a Bank Is to Own One: How Corporate Executives and Politicians Looted the S&L Industry
.
He is an expert on white-collar crime and former financial regulator. He played a key role in resolving the S&L crisis. Currently he teaches economics and law at UKMC. See his full bio here, his Huffington Post pieces here, and definitely watch his Bill Moyers interview if you haven’t yet.
On to the interview:
#1) Adam: If you were advising President Obama on financial reform, what would your first priority be?
Mr. Black: Containing, and beginning to end, “too big to fail.” Financial institutions that are too big to fail are not, as the administration has rebranded them: “systemically important” — they are systemically dangerous institutions (SDIs). First, they should not be allowed to grow. Second, their managements should be removed if they were mismanaged. Third, they should be shrunk to the point that they no longer endanger the global economy.
#2) Adam: Do you think it is likely that meaningful reforms will be passed under the current administration?
Mr. Black: I think it remains “likely” (i.e., >50% chance), but I think it is only barely likely and I think the odds of meaningful reform are falling. I think the two hopes for fundamental reform under this administration are the new “Pecora commission” which should document the compelling need for change and the fact that the problems at the giant zombie banks are so great that there will be another crisis within the next four years. (I explained this point in more detail in my recent piece in the NYT’s “Room for Debate” on this subject.)
The odds of meaningful reform are substantially higher under President Obama than they were under President Bush or would have been under President McCain.
#3) Adam: Do you feel that your outspoken views preclude you from future government appointments?
Mr. Black: My crucial CLGs (”career limiting gestures”) were being a serial whistleblower and helping to cause two presidential appointees (i.e., my bosses) to resign in disgrace. I also played some role in Speaker Wright’s decision to resign in disgrace and the embarrassment of the Keating Five. Pointing out that Geithner was selected because he was a perennial failure and moral cripple, not despite these defects, pales in comparison to those CLGs.
#4) Adam: If offered a top government regulatory post, would you consider taking it?
Mr. Black: Yes.
#5) Adam: What are your thoughts on…

Tags: Adam Sharp, Audit the Fed, credit risk, Ron Paul, William Black
Posted in Uncategorized | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by Zero Hedge - September 20th, 2009 8:11 pm
Courtesy of Tyler Durden
While most hedge funds traditionally have an on-shore and an off-shore investment vehicle, the bulk of investable capital is allocated to accounts domiciled in the Caymans, Bahamas, Isle of Man, or some other tax “friendly” country, as LPs are never too crazy about that little snag known as taxes, and offshoring provides some nice and useful alternatives to said snag. Distressed hedge funds, those that acquire either secured or unsecured debt with the hope of equitization, are no exception. Yet equitization by essentially foreign vehicles is starting to get some dirty looks by regulators, which limit “foreign” equity investments in traditionally American companies and sectors. Some developments in the upcoming restructurings of media companies may put a new wrinkle on what is promptly becoming the most prevalent and profitable means for hedge funds to invest capital (not by necessity but for the simple reason that if a sector is not too big to fail, it is likely failing massively). The case of Citadel Broadcasting, which Zero Hedge discussed recently as commentary highlighting the lunacy of the current investment climate, is just such an example.
According to the Wall Street Journal:
Wall Street lenders are tripping over federal media-ownership rules as they find themselves the unexpected owners of several distressed radio, television and newspaper companies.
The issue has taken center stage at Citadel Broadcasting Corp., as one of the U.S.’s largest radio broadcasters races to revamp its balance sheet. Citadel has offered senior lenders owed $2 billion — including J.P. Morgan Chase & Co., General Electric Co.’s GE Capital and ING Groep NV — a deal that would exchange a big chunk of debt for equity, people familiar with the negotiations said.
On Wednesday, Citadel faced a deadline to make a $2 million interest payment, but its status remained unclear. Talks have slowed in recent days in part because some lenders have been caught off-guard by Federal Communications Commission rules designed to limit concentrated holdings of media firms, said people familiar with the matter.
For big banks and hedge funds holding debt in everything from radio and television stations to newspapers, FCC rules have made restructurings more complex. The FCC must approve media sales and has specific rules that limit ownership of multiple media outlets in individual markets, even when such shareholder stakes are small.
The calculus can be even more difficult for hedge funds, some of which are registered offshore. The FCC…

Posted in Immediately available to public | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by ilene - September 20th, 2009 7:01 pm
Rick Bookstaber writes an excellent essay on Wall St. economics addressing why our economic system does not reflect true capitalism. As explored recently, this supports the premise that we do not have fair and free markets. (E.g., see Don’t Blame Free Markets, They Never Existed.) - Ilene
Welcome to Rick, and for more by Rick, please visit his blog.
Courtesy of Rick Bookstaber
Will regulation hobble capitalism? I think the opposite is true. Properly done, government regulation of the financial industry will move the industry closer to the capitalist ideal. By capitalism, I mean where those who take the risks and put up the money get the fruits of their labor. And, importantly, where those who take the risks and put up the money actually do take the risks, bearing the full costs of failure as well as success.
Capitalism means bearing the costs
I sometimes miss the rugged beauty of Utah, where I spent some of my pre-Wall Street years. From my house on the foothills of the Wasatch mountains, I could see the cliffs of Mount Nebo to the south, nearly fifty miles away. Ten miles north, the western face of Mt. Timpanogas, capped with snow into early summer. To the west, the sun reflecting on Utah Lake. Oh, and on the eastern shore of the lake, the black smoke billowing out the stacks of Geneva Steel.
Geneva Steel was built to produce steel during the war effort, and kept in operation until seven years ago. It teetered at the edge – and at least two times over the edge – of bankruptcy, closing for good in 2002. Left behind were assorted furnaces, presses and scrap metal sold to a Chinese steel producer, and a giant pond of toxic sludge.
Fortunately, we’ve learned a thing or two about toxic sludge in steel production. The steel producer, in this case the original parent of the Geneva plant, U.S. Steel, has to set aside a fund to pay for the clean-up. The sludge is part of the production process, and the clean-up is a cost of production, even though it is a cost that is not realized until many years down the road. As a result, steel costs are a little higher and the shareholders fare a little worse than if this longer-term expense were not forced onto the producers. The regulation that requires setting aside funds for the clean-up might be considered intrusive…

Tags: Bankruptcy, bearing the losses, capitalism, financial industry, government regulation, limited liability corporations, profits, risks, Wall Street's toxic sludge
Posted in Uncategorized | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by ilene - September 20th, 2009 6:22 pm
Courtesy of Washington’s Blog
We’ve all been taught that banks first build up deposits, and then loan extend credit and loan out their excess reserves.
But critics of the current banking system claim that this is not true, and that the order is actually reversed.
Sounds crazy, right?
Certainly.
But take a look at the following quotes:
“[Banks] do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do when they make loans is to accept promissory notes in exchange for credits to the borrowers’ transaction accounts."
- 1960s Chicago Federal Reserve Bank booklet entitled “Modern Money Mechanics”
"The modern banking system manufactures money out of nothing. The process is perhaps the most astounding piece of sleight of hand that was ever invented. Banking was conceived in inequity and born in sin . . . . Bankers own the earth. Take it away from them but leave them the power to create money, and, with a flick of a pen, they will create enough money to buy it back again. . . . Take this great power away from them and all great fortunes like mine will disappear, for then this would be a better and happier world to live in. . . . But, if you want to continue to be the slaves of bankers and pay the cost of your own slavery, then let bankers continue to create money and control credit."
- Sir Josiah Stamp, president of the Bank of England and the second richest man in Britain in the 1920s.
Banks create money. That is what they are for. . . . The manufacturing process to make money consists of making an entry in a book. That is all. . . . Each and every time a Bank makes a loan . . . new Bank credit is created — brand new money.
- Graham Towers, Governor of the Bank of Canada from 1935 to 1955
[W]hen a bank makes a loan, it simply adds to the borrower’s deposit account in the bank by the amount of the loan. The money is not taken from anyone else’s deposit; it was not previously paid in to the bank by anyone. It’s new money, created by the bank for the use of the borrower.
- Robert B. Anderson, Secretary of the Treasury under Eisenhower,…

Posted in Uncategorized | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
by Zero Hedge - September 20th, 2009 4:13 pm
Courtesy of Tyler Durden
The degree of intermediation by the Federal Reserve in the issuance of US Treasuries hit a record in Q2, accounting for just under 50% of all net UST issuance absorption. This is a startling number, as the Fed’s $164 billion in Q2 Treasury purchases dwarfs the combined foreign/household UST purchases of $101 billion and $29 billion, respectively, over the same time period. In fact, the Fed was a greater factor in UST demand than all three traditional players combined: Foreigners, Households and Primary Dealers, which amounted to a $158 billion in net Q2 purchases.
This dramatic imbalance puts a lot of question marks over how the upcoming hundreds of billions in incremental Treasury purchases will be soaked up, now that QE only has $15 billion of capacity for USTs: with Households lapping up risky assets it is unlikely they will look at Treasuries absent some dramatic downward move in equities, while Foreign purchasers, which many speculate are in a game of Mutual Assured Destruction regarding UST purchases, have in fact been aggressively lowering their purchases of Treasuries (from $159 billion in Q1 to $101 billion in Q2, an almost 40% decline in appetite!). Will the US make these purchases much more attractive come October when QE for USTs ends? And if so, what kind of rates are we talking about? One thing is certain: in terms of priorities of the Federal Reserve, keeping the equity market buoyant, is a distant second to ensuring successful auction after auction well into 2010. After all there is near $9 trillion in budget deficits that need financing over the next 10 years.
From Morgan Stanley:
Flow of funds: The Fed also released its flow of funds data for Q2 on September 17. The main points are that:
- Households reduced Q2 Treasury purchases from their blistering pace in Q1
- Foreign accounts reduced Q2 UST purchases as the Fed ramped up Q/E ops
- Bank Q2 purchases remained anemic despite the fall in other lending options
- Broker/dealer purchases were high but not sustainable, expect Q3 moderation

Households out…The salient points here include confirmation that the ‘households’ bid for $377 billion Treasuries in Q1 was a one-time reallocation trade as this account took down a much smaller $29 billion in Q2. We were afraid that this flow would not be sustainable, as the ‘households’ category really includes non-profits and other organizations that simply performed a one-time reallocation trade out of risky…

Posted in Immediately available to public | No Comments »
Email This Post
del.icio.us
Digg
Reddit
Stumble
Yahoo
Facebook
Twitter
March 18th, 2010 4:46 pm
Here's an excellent discussion on the economy and China. We present many views here, and Pragcap's are some of the most thoughtful and balanced. And if you haven't yet, check out Op-Toon's Review (fun images and satirical commentary). - Ilene
IS CONGRESS ABOUT TO DERAIL THE ECONOMY?
Courtesy of The Pragmatic Capitalist
The United States government has made a curious series of interventionist moves over the course of the last 18 months. Some have been beneficial, but not surprisingly, few of these policies are actually helping the economy recover from the Great Recession.
As I’ve previously mentioned, Keynesianism can work.&nb...
more from Ilene
March 18th, 2010 3:24 pm
Courtesy of Tyler Durden
Flyonthewall.com, which is a news aggregator service (much like most of the blogosphere these days, but without the snarky commentary), and is hosted on Zero Hedge, has just seen a major driver of its business model cut off, after several banks just won an injunction that blocks Fly from notifying its clients when a bank may have issued a research event such as an Upgrade or, on those extremely rare occasions nowadays, Downgrade. The banks who feel violated by everyone getting access to information about their sellside detritus contemporaneously, not just wealthy accounts and wire services, are Barclays, Bank of America Corp.’s Merrill Lynch, and Morgan Stanley. As Bloomberg reports, "U.S. District Judge Denise Cote in New York today granted a request for an injunction sought by the three bank...
more from Tyler
March 18th, 2010 2:53pm
Yes, we've had some bad weather in the East. But with the ending of Winter and the onslaught of Spring, natural gas futures fell to their lowest level in about four years. If you look at a chart of natural gas, you will notice that since July of 2008, gas has been in a constant downtrend. However, the natural gas stocks, utilities, and publicly traded limited partnerships have been bouncing all over the place during the last couple years.
Income investors like natural gas stocks for several reasons. First, they pay a decent dividend with over 15 paying more than 4%. Second, they provide diversification from electric utilities. The average price to earnings ratio for all these stocks is less than 15. And in terms of gas stocks, in addition to natural gas companies, investors can...
more from Goddess
March 18th, 2010 9:34 am
Yesterday, we got into an Overnight Trade of the Day in New York & Co. (NWY) at 4.34. We a...
more from David
By Andrew Wilkinson
March 18th, 2010 4:21 pm
Today’s tickers: C, ERTS, ATVI, DNDN, HIG, DD, RCL, SFD & AMR
C - Citigroup, Inc. – One investor established a mammoth bullish stance on Citigroup in the first 20 minutes of the current trading session. Citigroup’s shares at the time of the transaction were trading at approximately $4.05, but have since slipped lower and are down 0.50% to $4.03 as of 2:45 pm (ET). It looks like the Citi-bull sold 240,000 put options outright at the April $4.0 strike to take in a premium of $0.16 per contract. Premium received on the sale, which represents maximum potential profits, amounts to $3.840 million to the investor if Citigroup’s shares trade above $4.00 through expiration day. The short stance in put options implies the investor is willing to have 24 million shares of the underlying stock put to him at an effective price...
more from Andrew
March 15th, 2010 6:49 pm
By Ilene
Let's take a look at Insider Buying and Selling over the last week or so. These are screen shots from Finviz - the significant buys against a green background first and significant sells against the pink background second. All the buys fit into my screen shot but the sells did not. Click here to see all the sells.
Note that the largest buy in the group, for KITD was at a price of 9.73 (KITD is currently at 11.54). The buy was part of an Equity Offering rather than an open market purchase. Tuzman Kaleil Isaza's (KITD's Chairman and Chief Exec. Officer) history of buys is http://www.insidercow.com/
more from Insider
March 15th, 2010 8:55 am
This post is for live trades and daily comments.
To learn more about the swing trading portfolio (strategy, membership etc.), please click here
- Optrader
...
more from OpTrader
About Phil:
Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...
Learn more About Phil >>
About Ilene:
Ilene is editor and affiliate program
coordinator for PSW. She manages the Favorites backup site
(blogroll, archives,
more).
Contact Ilene to learn about our affiliate and
content sharing
programs.
Favorites Site >>