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    <title type="html">The Market Ticker</title>
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    <updated>2009-11-20T19:53:32Z</updated>
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    <entry>
        <link href="http://market-ticker.org/archives/1646-PaulGrayson-Amendment-Passes-In-Committee.html" rel="alternate" title="Paul/Grayson Amendment Passes In Committee" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-20T13:17:00Z</published>
        <updated>2009-11-20T19:53:32Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1646</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1646-guid.html</id>
        <title type="html">Paul/Grayson Amendment Passes In Committee</title>
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                <p>It's about damn time.</p>
<p>Yes, it's a first step - but an important first step, and it happened yesterday.&#160; Here's what Representative Grayson said at the time of debate:</p>
<p><embed height="344" type="application/x-shockwave-flash" width="425" src="http://www.youtube.com/v/Q8EKGtf_YrY&amp;hl=en_US&amp;fs=1&amp;" allowscriptaccess="always" allowfullscreen="true" /></p>
<p>Bloomberg wasted no time giving the &quot;loyal opposition&quot; to transparency <a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aCzFIW4QXPEE&amp;pos=4" target="_blank">all the digital ink they desired:</a></p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>“It’s going to be seen as weakening the independence of monetary policy with consequent negative implications,” Frank told reporters after the vote. “People are going to be worried about the impact on the dollar, on the interest rate.” </p>
</blockquote>
<p dir="ltr">Go listen to Mr. Grayson's statement again. Now tell me how The Fed's move to dilute our currency <strong>literally by half</strong> isn't going to &quot;raise inflation expectations&quot; and &quot;have an impact on the dollar.&quot;</p>
<p dir="ltr">Never mind the impact that has already occurred.&#160; Is Barney Frank freaking <strong>blind</strong>?&#160; What say you to this, Mr. Frank, considering that <strong>all of this dollar damage has occurred since The Fed decided to start monetizing Treasury and MBS debt:</strong></p>
<p dir="ltr"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/dx.png" target="_blank"><img class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/dx.serendipityThumb.png" width="400" height="321" style="border-bottom: 0px; border-left: 0px; padding-left: 5px; padding-right: 5px; border-top: 0px; border-right: 0px" /></a></p>
<p dir="ltr">Exactly what sort of &quot;damage&quot; are you worried about Mr. Frank?&#160; Is not this enough for you?&#160; <strong>This damage - a roughly 20% devaluation since March - occurred since The Fed announced its &quot;purchase&quot; programs, specifically the purchase of MBS paper for which it appears to have absolutely <u>no legal authority</u></strong>.</p>
<p dir="ltr">How does an audit - determining if The Fed intentionally overpaid, if the transactions were commercially reasonable, if they were designed to help some people and screw others, if&#160;The Fed is hiding losses and&#160;if the transactions performed&#160;even comport with the law - <strong>hurt</strong> the dollar and inflation expectations?&#160; Have you seen the price of <strong>GOLD</strong> lately Mr. Frank?&#160; The gold traders clearly believe The Fed has every intention of re-creating <strong>Weimar Germany!</strong></p>
<p dir="ltr">Justified or not, <strong>those are the current &quot;expectations&quot; that secrecy has brought us.&#160; </strong></p>
<p dir="ltr"><strong>How much worse than Weimar could expectations get Barney?&#160; Are you now splitting hairs between Weimar and Zimbabwe?</strong></p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>“Everybody would like to beat up on the Fed and call them the bad guys,” Watt said during debate on the measures. “So if we make this decision on a political basis, I know what the result will be.” </p>
<p>“This committee is called upon to transcend the politics of the moment and do what is in the interest of the country,” Watt said. </p>
</blockquote>
<p dir="ltr">Really Mr. Watt?</p>
<p dir="ltr">Are you advocating&#160;the&#160;&quot;best interest of the country&quot; or are you advocating <strong>for the best interest of Bank of America, with their corporate headquarters in your district - a firm that has been the beneficiary of unprecedented Federal Reserve largess along with a healthy dose of arm-twisting?</strong></p>
<p dir="ltr">Let's face the facts here.&#160; There are many people (myself included) who believe The Fed <strong>is</strong> &quot;the bad guy.&quot;&#160; They have behaved as a dictator, they have in my opinion ignored black-letter law and they have intentionally debased the currency of this nation for the explicit benefit of their bankster buddies while screwing the middle class.&#160; The Fed's intentional bubble-blowing and now its &quot;zero interest rate&quot; policy has fostered a dollar carry trade now estimated to be over $500 billion - a carry trade that like all others through history <strong>will</strong> unwind in an uncontrolled and disastrous manner, trashing our economy and markets.</p>
<p dir="ltr">If all this was an &quot;emergency response&quot; that could not have been avoided&#160;I might even overlook it - after all, this has been a time of crisis.&#160;</p>
<p dir="ltr">But it&#160;was and is&#160;not.</p>
<p dir="ltr">No, The Fed is why we're in this mess in the first place!&#160; They have been responsible for every asset bubble of the last 20 years - intentionally so.&#160; Greenspan's foibles over the last 20 years, and now Bernanke's, have guaranteed a complete &quot;hands off&quot; approach to risk by financial institutions and regulators, with both being&#160;comfortable in the knowledge that the Fed both could and would simply print up more &quot;funny money&quot; and shower it from helicopters if anything went wrong.&#160; </p>
<p dir="ltr">Indeed, Bernanke was dubbed &quot;Helicopter Ben&quot; <strong>years ago </strong>for suggesting exactly that response to a monetary crisis - that is, <strong>he propounded an intent to intentionally destroy</strong> every saver's wealth, with the same effect on the victims - in this case the prudent in this nation - as if&#160;they were all subjected to armed robbery.</p>
<p dir="ltr">The Fed has intentionally ignored banks buying hundreds of billions of dollars worth of so-called &quot;hedges&quot; (CDS) from AIG, even though it knew or should have known AIG had no money to pay off on those instruments.&#160; It has permitted banks under its direct supervision to create and trade <strong>hundreds of trillions</strong> of&#160;dollars in notional value of derivatives ($605 trillion according to the BIS as of June 2009) traded with <strong>zero</strong> transparency over the counter - an amount so staggering that if these banks' net exposure is even <strong>one percent </strong>of their notional value it is sufficient to bankrupt <strong>every</strong> large banking&#160;institution in the country several times over and if it is just&#160;<strong>two</strong> percent the net&#160;exposure to loss&#160;approximates US GDP!</p>
<p dir="ltr">It looked the other way on purpose while the large&#160;banks and other financial institutions&#160;put together garbage securitizations chock full of liar loans and other exotic products that the producers <strong>knew</strong> would never be paid as agreed - <strong>securitizations they&#160;were so sure&#160;would default that they were shorting them while selling them to their &quot;marks&quot;, er, &quot;customers.&quot;</strong></p>
<p dir="ltr">The Fed sat back and <strong>supported</strong>, rather than speaking against, Hank Paulson's entreaty to have the leverage limits removed from Investment Banks in 2004&#160;- the very feature that was <strong>directly responsible</strong> for the failure of Bear Stearns and Lehman Brothers.</p>
<p dir="ltr">The Fed has not only allowed banks to circumvent leverage limits and reserve requirements through the abuse of off-balance-sheet vehicles and sweep accounts, it lobbied for <strong>and received</strong> from Congress the right to set the required reserve ratio for banks <strong>TO ZERO</strong> in the EESA/TARP legislation - a change buried in the law that received almost no attention (except by myself and a few other bloggers!)</p>
<p dir="ltr">When the crisis began The Fed responded by <strong>loosening</strong> leverage limits further through the issue of literally dozens of &quot;23A&quot; exemptions to Fed Regulations - including institutions that later failed.&#160; The damage done to the financial system was thus&#160;<strong>dramatically increased</strong> by allowing these firms to increase their exposure when they got in trouble rather than strictly limiting it as regulations allegedly required.</p>
<p dir="ltr">The Fed refused to crack down on predatory mortgage,&#160;credit card and consumer lending until literally forced by Congress, which passed the credit card bill over its objections.&#160; Until threatened with same, the very same Fed refused to intervene in the practice of automatically &quot;opting in&quot; customers for &quot;overdraft protection&quot; on ATM and point-of-sale charges, going so far as to permit banks to display ATM balances that included uncleared funds <strong>so as to encourage customers to generate overdraft charges by deception!</strong></p>
<p dir="ltr">The public is well-justified in viewing The Fed as a &quot;villain&quot; <strong>because it is</strong>.&#160; Whether through active&#160;malfeasance or simple idiocy&#160;The Fed has been <strong>and is</strong> directly responsible for the impoverishment of millions of Americans who were punished for their imprudent borrowing <strong>while the imprudent&#160;lenders, who should have also gone bankrupt, were protected with money extracted by force from the very same&#160;people the lenders screwed!</strong></p>
<p dir="ltr">Here's the list of Representatives that voted&#160;<strong>against</strong>&#160;stopping the daily&#160;violations of America.&#160; They voted to allow The Fed to have their way in secret, to debase&#160;the dollar and destroy Americans'&#160;purchasing power, to double the price of oil and essential energy products, to fund chicanery and even protect those who commit fraud.<strong>&#160; Worse</strong>, <strong>they violated their oath of office to uphold and defend <a href="http://www.law.cornell.edu/constitution/constitution.articlei.html#section8" target="_blank">The Constitution, which says on this matter</a>:</strong></p>
<blockquote dir="ltr" style="margin-right: 0px">
<p dir="ltr"><a name="section8"><em>Section 8.</em></a></emp /><em> The Congress shall have power to.....</em></p>
<p dir="ltr"><em><strong>To coin money, regulate the value thereof, and of foreign coin,</strong> and fix the standard of weights and measures;</em></p>
</blockquote>
<p dir="ltr">The Federal Reserve does not have the power of currency debasement (or the lack thereof) - <strong>Congress</strong> does, and with good reason.&#160; Congress is accountable to you, the people.&#160;</p>
<p dir="ltr">The Fed is, at present,&#160;accountable to nobody.</p>
<p dir="ltr"><strong>Each and every one of the Representatives listed below, by voting &quot;NAY&quot; today,&#160;has violated his or her oath of office, has committed an act of violence against The Constitution of The United States, is unfit for their office, <u>and must resign</u>:</strong></p>
<p dir="ltr"><strong>NAY - Rep. Barney Frank, MA <br />NAY - Rep. Paul E. Kanjorski, PA<br />NAY - Rep. Maxine Waters, CA<br />NAY - Rep. Carolyn B. Maloney, NY<br />NAY - Rep. Luis V. Gutierrez, IL<br />NAY - Rep. Nydia M. Velázquez, NY<br />NAY - Rep. Melvin L. Watt, NC<br />NAY - Rep. Gary L. Ackerman, NY<br /></strong><strong>NAY - Rep. Gregory W. Meeks, NY<br />NAY - Rep. Dennis Moore, KS<br />NAY - Rep. Michael E. Capuano, MA</strong><br /><strong>NAY - Rep. Joe Baca, CA<br />NAY - Rep. Stephen F. Lynch, MA<br />NAY - Rep. Brad Miller, NC</strong><br /><strong>NAY - Rep. Al Green, TX<br />NAY - Rep. Emanuel Cleaver, MO<br />NAY - Rep. Melissa L. Bean, IL<br />NAY - Rep. Gwen Moore, WI</strong><br /><strong>NAY - Rep. Keith Ellison, MN<br />NAY - Rep. Ron Klein, FL<br />NAY - Rep. Charles Wilson, OH</strong><br /><strong>NAY - Rep. Joe Donnelly, IN<br />NAY - Rep. Bill Foster, IL<br />NAY - Rep. Andre Carson, IN</strong><br /><strong>NAY - Rep. Mary Jo Kilroy, OH</strong><br /><strong>NAY - Rep. Jim Himes, CT</strong></p>
<p dir="ltr">Why don't you give 'em a call and tell 'em what you think of 'em.&#160;</p>
<p dir="ltr">I'm sure they'd love to hear from you - you can find their phone&#160;and fax numbers&#160;at <a href="http://www.house.gov/">http://www.house.gov</a>. </p> 
            </div>
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1650-Admission-Of-Dollar-Carry!.html" rel="alternate" title="*Admission* Of Dollar Carry!" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-20T19:17:00Z</published>
        <updated>2009-11-20T19:15:24Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1650</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/20-Market-Musings" label="Market Musings" term="Market Musings" />
    
        <id>http://market-ticker.org/archives/1650-guid.html</id>
        <title type="html">*Admission* Of Dollar Carry!</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.marketwatch.com/story/ice-investigating-spike-in-dollar-index-futures-2009-11-20" target="_blank">The kitty is having a good day today....</a></p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>LONDON (MarketWatch) -- The Intercontinental Exchange is probing trades in U.S. dollar index futures that briefly showed a massive 9% jump on Friday morning. </p>
<p>.....</p>
<p><strong>The move briefly had an impact on other markets, as futures on the Dow Jones Industrial Average fell as much as 99 points.</strong> </p>
</blockquote>
<p dir="ltr">Oops... so much for the &quot;official denials&quot; (in the media and elsewhere) of a dollar carry trade.....</p>
<p dir="ltr"><img src="http://tickerforum.org/smilies-local/kittylaugh.gif" /></p> 
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1648-Global-Warming-SCAM-HackLeak-FLASH.html" rel="alternate" title="&quot;Global Warming&quot; SCAM - Hack/Leak FLASH" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-20T17:01:00Z</published>
        <updated>2009-11-20T19:08:59Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1648</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1648-guid.html</id>
        <title type="html">&quot;Global Warming&quot; SCAM - Hack/Leak FLASH</title>
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                <p><font style="background-color: #faffff">Apparently a &quot;Global Climate Center&quot; was hacked and the contents have been posted to the Internet.&#160; A ZIP file exceeding 60MB and containing a huge number of emails and other documents has been posted worldwide.</font></p>
<p><font style="background-color: #faffff">Original speculation as to whether the files posted were legitimate or some sort of spoof appears to <a href="http://www.investigatemagazine.com/australia/latestissue.pdf" target="_blank">now be confirmed <strong>as legitimate</strong>:</a></font></p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>“It was a hacker. We were aware of this about three or four days ago that someone had hacked into our system and taken and copied loads of data files and emails.”</p>
</blockquote>
<p dir="ltr">I have not had time to read all of the material yet (there are over a thousand files involved!) but what I have skimmed looks <strong>VERY</strong> damning.&#160; Contained within the documents are what appear to be admissions of <strong>intentional tampering with data</strong> as well as <strong>intentional</strong> falsification of results to &quot;show&quot; man-made global warming.</p>
<p dir="ltr" style="margin-right: 0px">One of the emails says:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p dir="ltr">&quot;I’ve just completed Mike’s Nature trick of adding in the real temps to each series for the last 20 years (ie from 1981 onwards) <strong>and from 1961 for Keith’s to hide the decline.&quot;</strong></p>
</blockquote>
<p dir="ltr">That is, to <strong>hide</strong> a decline in global temperatures.</p>
<p dir="ltr">It gets better.&#160; Another message, this one allegedly from 2000:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p dir="ltr">It was good to see you again yesterday - if briefly. <strong>One particular thing you said - and we agreed - was about the IPCC reports and the broader climate negotiations were working to the globalisation agenda driven by organisations like the WTO.</strong> So my first question is do you have anything written or published, or know of anything particularly on this subject, which talks about this in more detail?</p>
</blockquote>
<p dir="ltr"><strong>Oh, so it's not about the planet getting warmer, but rather is a convenient means of advancing an agenda that has already been pre-determined?</strong></p>
<p dir="ltr">Then there's this:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p dir="ltr">In my (perhaps too<br />&gt; &gt; harsh)<br />&gt; &gt; view, <strong>there have been a number of dishonest presentations of model<br />&gt; &gt; results by individual authors and by IPCC. </strong>This is why I still use<br />&gt; &gt; results from MAGICC to compare with observed temperatures. At least<br />&gt; &gt; here I can assess how sensitive matches are to sensitivity and<br />&gt; &gt; forcing assumptions/uncertainties.</p>
</blockquote>
<p dir="ltr">(Pardon the formatting, it's text-mode email 'yanno.)</p>
<p dir="ltr">Guess who that was addressed to?&#160; Michael Mann.&#160; You know, the (infamous and now discredited) &quot;Mann Hockey Stick&quot;?</p>
<p dir="ltr">Guess where that email originated?&#160; <strong>NASA</strong>.</p>
<p dir="ltr">Yes, I have the file.&#160; So do a few million other people.</p>
<p dir="ltr">There's enough evidence in there, in my opinion, of outrageously fraudulent conduct to make this the scandal of the 20th and 21st century.</p>
<p dir="ltr">Sorry folks, there's no science here - this is, from what I see,&#160;a massive and outrageous fraud, and now that the documents have been confirmed as <strong>authentic</strong> it is time to pull the curtain down on this crap and start locking up all of the proponents - <strong>starting with AL GORE.</strong></p>
<p dir="ltr">Here are some interesting &quot;meta statistics&quot; on the documents, and the number of times the words referenced appear:</p>
<ul dir="ltr">
<li>
<div><strong>Fraud:</strong> 79</div>
</li>
<li>
<div><strong>Falsify: </strong>6</div>
</li>
<li>
<div><strong>Inflate: </strong>14</div>
</li>
<li>
<div><strong>Conceal: </strong>5</div>
</li>
<li>
<div><strong>Hide: </strong>19</div>
</li>
</ul>
<p>Just for starters.</p>
<p>If you think that's bad, you might like this - from the file &quot;ipcc-tar-master.rtf&quot;:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<h3 style="margin: 0in 0in 0pt"><span lang="EN-GB"><u><font color="#000000" size="2" face="Times New Roman">General Comments</font></u></span></h3>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt"><font color="#000000" size="2" face="Times New Roman">The idea that climate without human intervention can only undergo “natural variability”, and that “climate change” can only result from human activity is false and fallacious. It is in conflict with all that we know of evolution and geology. It is simply wrong to assume that “ climate change” automatically implies human influence on the climate.</font></p>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt">&#160;</p>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt"><font color="#000000" size="2" face="Times New Roman">This fallacy is embraced by the Framework Convention on Climate Change, but the IPCC (Footnote to “Summary for Policymakers. Page 1) claim that they are prepared to accept “natural variability” as “climate change”. They are, however, unwilling to accept the truth, which is that climate can change without human intervention. </font></p>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt"><font color="#000000" size="2" face="Times New Roman"></font>&#160;</p>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt"><font color="#000000" size="2" face="Times New Roman">....</font></p>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt"><font color="#000000" size="2" face="Times New Roman"></font>&#160;</p>
<p class="MsoNormal" style="text-justify: inter-ideograph; text-align: justify; margin: 0in 0in 0pt"><font color="#000000" size="2" face="Times New Roman"><strong>47 out of 91 models listed in Chapter 9 assume that carbon dioxide in the atmosphere is increasing at the rate of 1% a year when the measured rate of increase, for the past 33 years, has been 0.4% a year. The assumption of false figures in models in order to boost future projections is<span style="mso-spacerun: yes">&#160; </span>fraudulent. What other figures are falsely exaggerated in the same way?</strong></font></p>
</blockquote>
<p>Update 12:58 - Oh oh.... From Phil Jones... and its <strong>recent</strong>:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>From: Phil Jones &lt;<a href="mailto:p.jones@uea.ac.uk">p.jones@uea.ac.uk</a>&gt;<br />To: &quot;Michael E. Mann&quot; &lt;<a href="mailto:mann@meteo.psu.edu">mann@meteo.psu.edu</a>&gt;, &quot;raymond s. bradley&quot; &lt;<a href="mailto:rbradley@geo.umass.edu">rbradley@geo.umass.edu</a>&gt;<br />Subject: A couple of things<br />Date: Fri May&#160; 9 09:53:41 2008<br />Cc: &quot;Caspar Ammann&quot; &lt;<a href="mailto:ammann@ucar.edu">ammann@ucar.edu</a>&gt;</p>
<p>....</p>
<p><strong>&#160;2. You can delete this attachment if you want. Keep this quiet also, but this is the person who is putting in FOI requests for all emails Keith and Tim&#160;have written and received re Ch 6 of AR4. We think we've found a way&#160;around this.</strong></p>
</blockquote>
<p>And then there's this...</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>From: Phil Jones &lt;<a href="mailto:p.jones@uea.ac.uk">p.jones@uea.ac.uk</a>&gt;<br />To: &quot;Michael E. Mann&quot; &lt;<a href="mailto:mann@meteo.psu.edu">mann@meteo.psu.edu</a>&gt;<br />Subject: IPCC &amp; FOI<br />Date: Thu May 29 11:04:11 2008</p>
<p>Mike,</p>
<p>Can you delete any emails you may have had with Keith re AR4? Keith will do likewise. He's not in at the moment - minor family crisis.</p>
<p>Can you also email Gene and get him to do the same?&#160; I don't&#160;have his new email address.</p>
<p>We will be getting Caspar to do likewise.</p>
<p>I see that CA claim they discovered the 1945 problem in the Nature paper!!<br />&#160;&#160;&#160; Cheers<br />&#160;&#160;&#160; Phil</p>
</blockquote>
<p dir="ltr"><strong>One has to wonder: was the &quot;way around it&quot; (the FOI)&#160;mentioned in the first correspondence&#160;to <u>intentionally destroy</u> the&#160;emails requested?</strong></p>
<p><img src="http://tickerforum.org/smilies-local/kittylaugh.gif" /></p> 
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1649-CAUTION-Carry-Correlation-Update.html" rel="alternate" title="CAUTION: Carry Correlation Update" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-20T17:14:00Z</published>
        <updated>2009-11-20T17:11:49Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1649</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/10-Technical-Analysis" label="Technical Analysis" term="Technical Analysis" />
    
        <id>http://market-ticker.org/archives/1649-guid.html</id>
        <title type="html">CAUTION: Carry Correlation Update</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Be <strong>very cautious</strong> of any thesis you have on continued advancement of the market based on &quot;dollar depreciation.&quot;</p>
<p>This is the correlation chart from today thus far:</p>
<p><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/dx-1120.png" target="_blank"><img class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/dx-1120.serendipityThumb.png" width="400" height="286" style="border-bottom: 0px; border-left: 0px; padding-left: 5px; padding-right: 5px; border-top: 0px; border-right: 0px" /></a></p>
<p>This may be a one-day anomaly.&#160; But it is the most-serious break of the correlation that has been deteriorating for the last two days.</p>
<p><strong>If it breaks entirely the reaction in the market is likely to be <u>extremely</u> violent.</strong></p>
<p>Carry-based asset &quot;appreciation&quot; is inherently unstable, much as is juggling bottles of nitroglycerine.</p>
<p>All is well provided you don't drop one.</p>
<p>Forewarned is forearmed.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1647-WHERE-ARE-THE-DAMNED-INDICTMENTS.html" rel="alternate" title="WHERE ARE THE DAMNED INDICTMENTS?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-20T16:18:00Z</published>
        <updated>2009-11-20T16:39:46Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1647</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1647-guid.html</id>
        <title type="html">WHERE ARE THE DAMNED INDICTMENTS?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.newyorkfed.org/research/staff_reports/sr318.pdf" target="_blank">It really doesn't get much more damning than this.</a></p>
<p>Specifically, read starting at Page 20 of the PDF (Page 14 of the document) in which the profile of these &quot;loans&quot; is outlined:</p>
<ul>
<li><strong>More than half</strong> are cash-out refinances. </li>
<li><strong>The <u>AVERAGE</u> FICO is 626.</strong>&#160; Nearly 1/3rd have a FICO <strong>below 600</strong>, and only 16.7% have a FICO over 660. </li>
<li><strong>The pool's DTI is 41.78%.</strong> </li>
</ul>
<p>It gets worse.</p>
<ul>
<li><strong>Only 8.98% of the loans are 30 year conventional fixed-rate mortgages.</strong>&#160; 88.2% of the loans are 3/27 and 2/28 &quot;teaser-rate&quot; ARMs. </li>
<li><strong>The majority of the loans amortize over 40 years but are for a 30 year term</strong>.&#160; This adds even more risk because the borrower will either have to refinance or face a balloon at maturity. </li>
<li><strong>The typical loan (72.5%) also contains a prepayment penalty.&#160; </strong>In many cases the penalty period either matches or exceeds the &quot;teaser&quot; period, preventing a refinance at reasonable prices until that period has expired. </li>
<li><strong>EXPECTED</strong> payment resets raise the DTIs to anywhere from 50-58%!&#160; This is clearly impossible for&#160;essentially all borrowers to carry - that is, either the borrower will have to refinance prior to this happening or they <strong>will</strong> default. </li>
</ul>
<p><a href="http://www.sec.gov/Archives/edgar/data/1366182/000112528206003776/0001125282-06-003776.txt" target="_blank">As if that's not enough <strong>it gets better!</strong></a></p>
<p>As the table in the prospectus&#160;shows, by <strong>dollar value:</strong></p>
<ul>
<li><strong>72.21% </strong>were taken for cash-out refinances and 12.28% were to refinance existing loans.&#160; <strong>Only 15.52% of the principal balance was taken out to BUY a house.</strong> </li>
<li><strong>Of that 72.21% balance</strong>, the <strong>AVERAGE</strong> FICO of the person taking the cash-out refinance was 604 (!)&#160;- the lowest average of all categories.&#160; (If that isn't special I don't know what it is - people with severely-impaired credit attempting to keep their head above water by cashing out alleged &quot;equity&quot; in their homes at usurious interest rates!) </li>
<li><strong>The vast majority of the loans had a lifetime maximum rate of 15% or higher, with 26% having a cap OVER 16%.</strong>&#160; This in a time when &quot;conventional&quot; financing was at <strong>half</strong> that interest&#160;rate.&#160; If that's not hard evidence of predatory behavior, what is? </li>
<li><strong>46.85% of the principal balance was&#160;stated documentation.</strong>&#160; That is, no verification of income or assets. </li>
</ul>
<p>Yet if I'm reading the prospectus correctly the entire set of tranches was rated investment grade (the worst being &quot;BBB-&quot;), with most of it being rated &quot;AAA.&quot;</p>
<p>Yeah, right.</p>
<p>Loans that were on the basics of sound credit impossible to pay as agreed to term, where the majority of the borrowers <strong>were distressed at the time of origination and took the loan for cash-out purposes - that is, to support their current income requirements, </strong>and where <strong>half of the principal balance was supported not by documentation but by STATED income and assets.</strong></p>
<p>Yes, I know this was disclosed in the prospectus - if you read it. </p>
<p>Here's a simple question: Would Ford have been perfectly ok in selling the Pinto with exploding gas tanks <strong>if buried in the owner's manual was the statement that if involved in a rear-end collision the fuel tank would be punctured and thus lead to a high probability of fire and/or explosion?</strong></p>
<p>No?</p>
<p>Then how did these <strong>BANKSTERS</strong> get away with pedding this <strong>TRASH,</strong> not to mention selling these &quot;loans&quot; to people in the first place <strong>when they knew full well there was not a snowball's chance in hell the alleged &quot;borrower&quot; was going to be able to make the payments?</strong></p>
<p><strong>EVERYONE INVOLVED IN THIS CRAP SHOULD BE ROTTING IN FEDERAL PRISON.</strong></p>
<p><strong>WHERE ARE THE DAMNED INDICTMENTS?</strong></p>
<p><strong>IF OUR PROSECUTORS - INCLUDING&#160;HOLDER AND THE 50 STATE AGs&#160;- DON'T START ISSUING THEM SOON THE PEOPLE MAY START BUYING - AND CONTEMPLATING THE USE OF - THESE:</strong></p>
<p><img class="serendipity_image_center" src="http://market-ticker.org/uploads/pitchfork.serendipityThumb.jpg" width="266" height="399" style="border-bottom: 0px; border-left: 0px; padding-left: 5px; padding-right: 5px; border-top: 0px; border-right: 0px" /></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1642-Liberal-Consensus-On-Dumping-Geithner.html" rel="alternate" title="&quot;Liberal&quot; Consensus On Dumping Geithner?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-19T13:06:00Z</published>
        <updated>2009-11-19T16:02:22Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1642</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/1-Politics" label="Politics" term="Politics" />
    
        <id>http://market-ticker.org/archives/1642-guid.html</id>
        <title type="html">&quot;Liberal&quot; Consensus On Dumping Geithner?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://thehill.com/blogs/blog-briefing-room/news/68459-house-dem-gorwing-consensus-among-liberals-to-dump-geithner" target="_blank">From The Hill....</a></p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>Rep. Peter DeFazio (D-Ore.) said Wednesday that he and other liberal House members are becoming increasingly tired of Obama administration economic policies that they say are too focused on maintaining the stability of Wall Street firms and largely ignore &quot;Main Street.&quot;</p>
<p>&quot;A growing consensus in the caucus [believe that Geithner should be removed],&quot; DeFazio said on MSNBC this evening, adding that some lawmakers are &quot;considering questions regarding him and other economic advisers.&quot; </p>
</blockquote>
<p dir="ltr">No, really?</p>
<p dir="ltr">What was your first hint Peter?</p>
<p dir="ltr">Was it that Timmy couldn't be bothered to pay his taxes?&#160; Was it that he was the Wall Street stooge who handed out billions of taxpayer money to the big banks through AIG via what I'd argue was a fraudulent scheme to pay off those CDS at par?&#160; Or is it Timmy's incessant prattling on about a &quot;strong dollar&quot;?</p>
<p dir="ltr">One has to wonder, given that there's really nothing different about any of Geithner's views and actions than Paulson's - except for the blatant tax cheating (that we know of.)&#160; Then again, being a tax cheat seems to be a <strong>requirement</strong> to be a Democrat official - shall we toll up the list both in the Obama Administration <strong>and Congress?</strong></p>
<p dir="ltr">(The Dishonorable Chuck Rangel anyone?)</p>
<p dir="ltr">I find the faux populism of the Democratic Party particularly offensive.&#160; There is <strong>absolutely nothing</strong> in the Obama Administration's record to indicate that they have ever intended to proceed from any such viewpoint - not now, not ever.</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>The veteran congressman specifically mentioned last year's bank bailouts and the Geithner's handling of the collapse of insurance giant AIG. At the time, Geithner was head of the New York Fed in the Bush administration.&#160;</p>
<p>&quot;We may have to sacrifice just two more jobs to get millions back for Americans,&quot; the congressman added. </p>
</blockquote>
<p dir="ltr">This, of course, is why The Democrats were all for Geithner last winter.&#160; Remember that Peter?&#160; Where was your outrage at his appointment then?</p>
<p dir="ltr">Here's one of the articles I wrote at the time - <a href="http://market-ticker.org/archives/654-FAIL-One-Word-For-Them-All.html" target="_blank">just post-election</a>.</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>How about you Tim (Geithner, at the NY Fed)?&#160; Is everything on the up-and-up over there in NY?&#160; If so, why don't you &quot;bare all&quot; and let us have a look-see?</p>
<p>Since it's our money you're playing with, in that we the taxpayer are the source of the wealth you shuffle around, we have every&#160;right to know what the hell you're doing with it and so does Congress.</p>
<p>If you refuse then I believe Congress should revoke your charter and subpoena everyone involved, including the Treasury Secretary's and&#160;both&#160;Bernanke's and Geithner's&#160;notes, phone records and meeting minutes, along with the details of every transaction taken by any of the above since August of 2007.&#160; Publish it&#160;all in <em>The Federal Register </em>and online via the web<em>.</em></p>
</blockquote>
<p dir="ltr">Funny how only now, <strong>after</strong> the looting has taken place, <strong>after</strong> the banks have rate-jacked Americans' credit cards to 29.9%, <strong>after </strong>Timmy funneled over $100 billion of taxpayer money through AIG to banks both foreign and domestic, and <strong>after</strong> Timmy has repeatedly refused to put a limit on what authority he wants to keep under TARP, <strong>now</strong> you bleat.</p>
<p dir="ltr">Here's reality: </p>
<blockquote dir="ltr" style="margin-right: 0px">
<p dir="ltr"><strong>This Administration, just as with the Bush Administration, is kneeling before Zod - the banksters that infest Wall Street - and selling out Americans.</strong></p>
</blockquote>
<p dir="ltr">Washington may be starting to panic about jobs - as well they should be.&#160; They should be in panic about the budget too - it has grown 30% in the last couple of years, and the claimed &quot;5% reduction&quot; that is being whispered around on The Hill will do exactly nothing.</p>
<p dir="ltr">Politically the reduction of government spending has simply never happened.&#160; We call it a &quot;cut&quot; when the rate of increase declines - and the lapdog American Public, most of whom failed 3rd Grade Math, nod in agreement.&#160; We then ladle on more public entitlement program spending, as was done with Medicare Part &quot;D&quot;, which was sold as a sop to Seniors but which was really a sop to drug companies like Pfizer - who, I remind you, has pled guilty twice in the last few years to <strong>criminal felony charges</strong> for off-label marketing practices.&#160; Oh, and their putative head at the time then got a Federal Reserve Bank of NY Board seat.&#160; You Democrats wrote that bill (yes, I know, Bush signed it, fool that he was) but in fact it was not intended to benefit the public - it was simply (another) rip-off of Americans for the benefit of a handful of big pharmaceutical companies, who are one step (and only one step!) behind the banks when it comes to how badly they've screwed ordinary Americans.</p>
<p dir="ltr">Sacking Geithner would be a good first step, but only a first step.&#160; We also have to sack the entire OCC and OTS staff and tell Sheila Bair that the next bank she seizes - after a <strong>short</strong> grace period&#160;to go in and close ALL of the bankrupt banks <strong>NOW</strong> -&#160;that has more than a 5% loss on assets to the deposit fund better be accompanied by her resignation or <strong>she</strong> will be sacked as well.</p>
<p dir="ltr">The <strong>entire</strong> operation of The Fed needs to be examined by Congress and <strong>all of it</strong> peeled back in the open for all of America.&#160; Foreign exchange swaps, lending, improper buying of non-full-faith-and-credit &quot;assets&quot;, circumvention of the rules through setting up LLCs like Maiden Lane(s), all of it.</p>
<p dir="ltr"><strong>Every</strong> financial firm that has <strong>lied</strong> to investors, regulators and buyers of their trash over the last decade must be investigated and, when appropriate, <strong>indicted.</strong>&#160; If convicted <strong>their charters must be revoked.</strong></p>
<p dir="ltr">We need to either ban securitization entirely, impose <strong>strict liability</strong> for every transaction enclosed in a securitized loan package, or set a <strong>federal</strong> usury limit at some reasonable level over Fed Funds - not more than 10%.&#160; <strong>If you can't loan profitably at a 10% interest&#160; rate over Fed Funds, you're cheating - you're making loans you have every expectation will not be paid.</strong></p>
<p dir="ltr"><strong>ALL</strong> off-balance sheet games must be stopped.&#160; Period.&#160;&#160;Hiding things off balance sheet&#160;should get&#160;you 20 years in &quot;pound-me-in-the-butt&quot; Federal Prison, not a fat bonus.</p>
<p dir="ltr"><strong>ALL</strong> lending in excess of collateral value&#160;(that is, &quot;unsecured&quot;) must be backed by <strong>one dollar of capital for each dollar of loan outstanding.</strong>&#160; Oh, and it's a loan when you write a &quot;credit default swap&quot; (whether on interest rates or anything else) <strong>where you do not have hard reserves behind your commitment.</strong>&#160; The writing of CDS by AIGFP with no reserves was not one illegitimate act, <strong>it was two</strong> - first by AIGFP in claiming these policies were &quot;good&quot;, <strong>and again by the banks who bought them and claimed to be &quot;hedged&quot; when their counterparty had no ability to pay.</strong></p>
<p dir="ltr">The ugly reality is that we've wasted more than two years on trash &quot;programs&quot; and &quot;fixes&quot; that have done nothing more than&#160;blow over a trillion dollars of taxpayer money, enriching Wall Street (again) <strong>while millions of Americans lost their homes and jobs.&#160;&#160; </strong>Only the American consumer has been forced to eat the bad loans they took out - the <strong>lenders</strong> have been protected at taxpayer expense.&#160; The disincentive to make a loan you know or have reason to know won't be paid back <strong>only exists if making bad loans bankrupts BOTH the lender AND borrower.</strong></p>
<p dir="ltr">Talk will no longer cut it.</p>
<p dir="ltr">Americans are a patient people, but&#160;it is my sense that&#160;the collective&#160;patience of this nation&#160;is nearing exhaustion.</p>
<p dir="ltr">Trust me on this Mr. DeFazio - if you and your ilk don't cut the theatrics and BS games you're going to eventually piss off the American public to a sufficient degree that they will spend their last $20 on this:</p>
<p dir="ltr"><img src="http://serenitythruhaiku.files.wordpress.com/2009/03/pitchfork.jpg?w=199&amp;h=300" /></p>
<p dir="ltr">That day may be a <strong>lot</strong> closer than you think.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1645-Oh-Oh-Here-Comes-Cummings-Fed-Audit.html" rel="alternate" title="Oh Oh - Here Comes Cummings (Fed Audit)" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-19T14:42:00Z</published>
        <updated>2009-11-19T14:35:27Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1645</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1645-guid.html</id>
        <title type="html">Oh Oh - Here Comes Cummings (Fed Audit)</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.denninger.net/pdf/cummings.pdf" target="_blank">This one is definitely worth a read folks.</a></p>
<p>It appears that Representative Cummings, along with a half-dozen other Representatives, have had enough of The Fed's games.</p>
<p><strong>They are now calling for a FULL CONGRESSIONAL REVIEW of THE ENTIRE FEDERAL RESERVE SYSTEM, including A FULL PUBLIC AUDIT.</strong></p>
<p>To this I say:</p>
<p><strong>It's about damn time.</strong></p>
<p>(click for larger images)</p>
<p><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/cummings-1.png"><img class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/cummings-1.serendipityThumb.png" width="305" height="400" style="border-bottom: 0px; border-left: 0px; padding-left: 5px; padding-right: 5px; border-top: 0px; border-right: 0px" /></a></p>
<p><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/cummings-2.png"><img class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/cummings-2.serendipityThumb.png" width="312" height="400" style="border-bottom: 0px; border-left: 0px; padding-left: 5px; padding-right: 5px; border-top: 0px; border-right: 0px" /></a></p>
<p><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/cummings-3.png"><img class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/cummings-3.serendipityThumb.png" width="326" height="400" style="border-bottom: 0px; border-left: 0px; padding-left: 5px; padding-right: 5px; border-top: 0px; border-right: 0px" /></a></p>
<p><strong>GET ON THE PHONE NOW TO YOUR REP AND RAISE HELL.&#160; MOMENTUM ON THIS IS BUILDING, AND IT IS UP TO **US** TO MAKE A DIFFERENCE.</strong></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1644-SUPPORT-REP-SPEIER!.html" rel="alternate" title="SUPPORT REP SPEIER!" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-19T14:23:55Z</published>
        <updated>2009-11-19T14:23:55Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1644</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/12-Regulatory" label="Regulatory" term="Regulatory" />
    
        <id>http://market-ticker.org/archives/1644-guid.html</id>
        <title type="html">SUPPORT REP SPEIER!</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>An amendment offered by Representative Speier to the FSIA bill currently under markup:</p><font size="4" face="DeVinne"><font size="2" face="DeVinne">
<blockquote dir="ltr" style="margin-right: 0px">
<p align="left"><font face="verdana,arial,helvetica,sans-serif">Page 28, after line 8, insert the following new paragraph:</font></p>
<p align="left"><font face="verdana,arial,helvetica,sans-serif"><font size="2">1 (4) LEVERAGE LIMITATION.—The Board shall&#160;</font><font size="2">require each identified holding company to maintain&#160;</font><font size="2">a debt to equity ratio of no more than 15 to 1, and&#160;</font><font size="2">the Board shall issue regulations containing procedures and timelines&#160;for how an identified holding&#160;</font><font size="2">company with a debt to equity ratio of more than 15</font><font size="2"> to 1 at the time such company becomes an identified holding company shall reduce such ratio.</font></font></p>
</blockquote>
<p dir="ltr" align="left"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><font size="4"><font size="4"><font size="2">Oh my God, she gets it.</font></font></font></font></font></p>
<p dir="ltr" align="left"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><font size="4"><font size="4"><font size="2">GET ON THE PHONE FOLKS!</font></font></font></font></font></p>
<div align="left">Washington D.C. Office<br />211 Cannon House Office Building<br />Washington, DC 20515<br />Phone: (202) 225-3531<br />Fax: (202) 226-4183</div></font></font> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1643-Where-Are-The-INDICTMENTS.html" rel="alternate" title="Where Are The INDICTMENTS?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-19T13:30:00Z</published>
        <updated>2009-11-19T13:24:35Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1643</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1643-guid.html</id>
        <title type="html">Where Are The INDICTMENTS?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.jerrybrown.org/node/577" target="_blank">Jerry Brown is crowing</a> about the most-recent &quot;Auction Rate&quot; security settlement:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>&quot;Wells Fargo convinced thousands of investors to purchase auction-rate securities with promises of robust returns and liquidity, but when the market collapsed, investors were left out in the cold,&quot; Brown said. &quot;Based on misleading advice, investors bought these risky securities. Now, retail investors and small businesses are finally getting their money back.&quot;</p>
</blockquote>
<p dir="ltr">Uh huh.&#160; That's the good part.</p>
<p dir="ltr">Now here's the bad part:</p>
<blockquote dir="ltr" style="margin-right: 0px">
<p>The lawsuit contended that Wells Fargo ignored clear industry and internal warnings about risk and previous auction failure. In March 2005, the Securities and Exchange Commission (SEC), the &quot;Big 4&quot; accounting firms, and the Financial Accounting Standards Board all determined that auction-rate securities should not be considered &quot;cash equivalents.&quot;</p>
<p>Despite these warnings, Wells Fargo continued to aggressively sell and falsely market auction-rate securities as safe, liquid, cash-like investments until the nationwide auction markets froze in early 2008.</p>
<p>In marketing and selling these investments, Wells Fargo failed to inform investors about how auction-rate securities or the auction process worked, as well as the risks and consequences of auction failure. </p>
</blockquote>
<p dir="ltr"><strong>Fraud</strong> defined:</p>
<p dir="ltr"><em>A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.</em></p>
<p dir="ltr"><strong>Racketeering </strong>defined:</p>
<p dir="ltr"><em>(n) Racketeering is defined as the process of forming <strong>or running</strong> an organization<strong> to operate or commit or otherwise execute ongoing criminal activities.</strong></em></p>
<p dir="ltr">Perhaps the question we should be asking is why we keep seeing &quot;settlements&quot; instead of <strong>prosecutions</strong>.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1641-Pollution-in-China-A-Must-Read.html" rel="alternate" title="Pollution in China - A Must Read" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-18T15:45:17Z</published>
        <updated>2009-11-18T16:12:59Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1641</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1641-guid.html</id>
        <title type="html">Pollution in China - A Must Read</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><font style="background-color: #faffff">America used to mistreat her land and water like this.</font></p>
<p><font style="background-color: #faffff">This sort of thing, by the way, is how you manage to produce things with a wage of $1 or $2/day and undercut first-world producers.</font></p>
<p><font style="background-color: #faffff">When we have &quot;free trade&quot; with China, this is what we are supporting.&#160; This is what we're serving up on their people.&#160; This is what our government and corporations all say is ok - so long as it is hidden from us, and happens &quot;over there.&quot;</font></p>
<p><font style="background-color: #faffff">Make all the excuses you want America, this is what you're supporting every time you buy <strong><u>anything</u></strong> made in China or containing Chinese componets.</font></p>
<p><font style="background-color: #faffff">Go walk around your house and pick up 10 random items.&#160; Look for the &quot;made in&quot; tag on the back or bottom.&#160; What's it say?&#160; Now consider this - it is virtually impossible today&#160;to buy a piece of consumer electronics, a toy, an automobile or even a toaster without some part of it coming from China.</font></p>
<p><font style="background-color: #faffff"><strong><u>YOU</u></strong> are why this is happening.</font></p>
<p><font style="background-color: #faffff">These are not old photos, or someone's Photoshop experiment.</font></p>
<p><font style="background-color: #faffff">They're real, they're current, and they are what <strong><u>our</u></strong> hedonism, demand for $20 DVD players and &quot;cheaper and faster&quot; from everyone has resulted in, all so our &quot;corporations&quot; can report &quot;record profits.&quot;</font></p>
<p><font style="background-color: #faffff">Those &quot;great earnings&quot; the last two quarters were in fact generated by <strong>firing Americans</strong> and shifting yet more production over to China, where they poison their air, water and ground with wild abandon, all so we can have a &quot;strong&quot; stock market and our banksters can loot us some more.</font></p>
<p><font style="background-color: #faffff">This is just one example.... <a href="http://www.chinahush.com/2009/10/21/amazing-pictures-pollution-in-china/" target="_blank">head to the original article</a> to read and see the rest.</font></p>
<p><img src="http://www.chinahush.com/wp-content/uploads/2009/10/20091020luguang06.jpg" width="400" /></p>
<p><strong>You</strong> lost your job so <strong>she</strong> can bathe in industrial waste, and <strong>you</strong> are not only consenting to all of it, you're actively supporting it.</p>
<p>Any questions?</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1640-MUST-WATCH-Glenn-Beck-And-The-Dollar-Carry.html" rel="alternate" title="MUST WATCH: Glenn Beck And The Dollar Carry" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-18T14:58:38Z</published>
        <updated>2009-11-18T14:58:38Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1640</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/19-Other-Voices" label="Other Voices" term="Other Voices" />
    
        <id>http://market-ticker.org/archives/1640-guid.html</id>
        <title type="html">MUST WATCH: Glenn Beck And The Dollar Carry</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Love him or hate him, he got this one&#160;almost competely right, and explained it in terms anyone can understand.</p>
<p><strong>TAKE THE TIME TO VIEW THIS EVEN IF YOU HATE GLENN BECK AND FOX NEWS.&#160; IT'S IMPORTANT.</strong></p>
<p><embed height="344" type="application/x-shockwave-flash" width="425" src="http://www.youtube.com/v/WV1-trw2AKo&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;feature=player_embedded&amp;fs=1" allowscriptaccess="always" allowfullscreen="true" /></embed><embed height="344" type="application/x-shockwave-flash" width="425" src="http://www.youtube.com/v/dh9DbO5ek9k&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;feature=player_embedded&amp;fs=1" allowscriptaccess="always" allowfullscreen="true" /></embed><embed height="344" type="application/x-shockwave-flash" width="425" src="http://www.youtube.com/v/7jOLy7EMdAI&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;feature=player_embedded&amp;fs=1" allowscriptaccess="always" allowfullscreen="true" /></embed></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1639-Open-Letter-To-President-Obama.html" rel="alternate" title="Open Letter To President Obama" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-18T14:23:00Z</published>
        <updated>2009-11-18T14:55:58Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1639</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1639-guid.html</id>
        <title type="html">Open Letter To President Obama</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><font style="BACKGROUND-COLOR: #faffff">Yesterday you undoubtedly saw my letter to <a href="http://market-ticker.org/archives/1632-Open-Letter-To-The-Chinese-Premier.html" target="_blank">The Chinese Premier.</a>&#160; Today, it's your turn.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">You could have made quite a splash over there in China - and made a difference for all Americans.&#160; But instead, you did nothing of the sort - you simply continued&#160;the sell-out that has been going on for the last two decades in the so-called "strong relationship" between China and America.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">That "strength" has included selling China advanced radar technology allowing them to shortcut 20 years of development time off their ICBM targeting, making their nuclear weapons far more lethal to potential targets - including targets in the United States.&#160; It has included turning a blind eye to the blatant and outrageous technology rip-offs that go on over in that nation every day.&#160; You won't see them because your Presidential Motorcade will never be allowed in the street markets found all over the nation, but if you were, you'd see literal millions of unlawfully-made copies of US-created software and music sold openly while the cops stand by to protect the vendors instead of enforcing internationally-agreed to&#160;laws that the Chinese pay only lip service to.&#160; And it has included granting virtually tariff-free "trading" status to a nation that forces poor farmers off their land and into sweatshop factories, away from their families where they are paid a buck a day in US equivalent wages, turning out products for sale in the US.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">And let's not forget who these companies are.&#160; They're the WalMarts, Apples and Nikes of the world - many of them huge&#160;American firms.&#160; Oh not directly - that would bring these firms under US labor and regulatory stricture.&#160; No, they're "independent companies" owned by Chinese slave-drivers who instruct their employees to lie when the "auditors" from WalMart and Apple show up, telling them to a single employee that they're "complying" with reasonable wage and hour laws under penalty of losing their job, being blacklisted forever&#160;and literally starving to death.&#160; Since there are no whistleblower protections in China (it is, after all, a Communist government) the big US companies can claim to be "responsible" while in the background you hear the slave-driver's whip crack - and everyone smiles (except the Chinese worker who is being outrageously exploited.)</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">You ought to know something about this, given your heritage.&#160; <a href="http://www.world66.com/africa/kenya/history" target="_blank">Kenya featured prominently in the global slave trade</a> until the British put a stop to it.&#160;&#160;There's nothing like a bit of history to screw up the revisionism that finds its way into American Politics, is there?</font></p>
<p>You ran on a populist platform and won on the basis of "hope and change."&#160; But hope and change is not working at WalMart while offshoring the production of our various consumer goods to China where the replacement for our US workers are paid a buck a day.&#160; Indeed, many of the 8 million American jobs lost since the top of the employment market in mid-2007 will never come back, simply because the small and mid-sized businesses that once dotted the landscape have been destroyed by this "offshoring" activity.&#160; It is clearly not possible for a US supplier or vendor to compete with $1/day wages or anything approaching it, yet this is the "competitive supplier" environment over in China and elsewhere.&#160;</p>
<p>The Truth is that America and China are locked in a deadly embrace.&#160; They're not buying our Treasury Debt to be nice or "support" us.&#160; They're buying&#160;because we have exported our inflation to them for more than two decades, and they're desperately trying to prevent it from destroying them.&#160; See, when you make $1/day (or $2/day) inflation is the difference between eating and not eating, and hungry people have a habit of reaching for pitchforks.&#160; Since there are about 1 billion of them (ordinary Chinese) and a much smaller number of military and leadership, well.... you do the math.</p>
<p>But that "buying" of our Treasury Debt has fueled your (and your Republican cronies) desire to spend beyond all reason.&#160; This distortion has allowed the government to blow money it does not have for more than a decade without watching interest rates ratchet inexorably upward, as happened to Bill Clinton and those before him.</p>
<p>The problem is whatever can't continue forever won't, and if you've been induced to borrow "interest only" (as our government always has) and the interest rates start to rise you can be bankrupted even if you <strong>stop borrowing</strong>.&#160; Your refusal to recognize that nobody can survive for long when you take in only half of what you spend, borrowing the rest, is an outrage and insult to anyone with an IQ larger than their shoe size.</p>
<p>Speaking of outrages, let's go down the list of current ones.&#160; We can start with the <a href="http://market-ticker.org/archives/1633-SIGTARP-Report-on-AIG-Counterparties.html" target="_blank">SIGTARP report on AIG and their counterparties</a>.&#160;&#160;While AIG might have been free (under the law) to sell "insurance-like contracts" with no capital behind them, there is nothing that forced The NY Fed (and The Federal Reserve generally) to allow regulated bank-like entities to <strong><u>purchase</u></strong> those swaps and count them as "money good hedges."&#160; Yet the very boob who apparently did that, along with intentionally overpaying counterparties, was appointed by you to head the Treasury.&#160; I suppose none of us should be surprised at this revelation by Mr. Barofsky, given that one of Timmy's qualifications to head the Internal Revenue Service was that he didn't even bother paying his own taxes.&#160; You do realize the example this set for other Americans, right?&#160; Is that wise, given that the government is undoubtedly going to try to extract more and more tax money from the rest of us in the years to come?</p>
<p><a href="http://market-ticker.org/archives/1636-Lying-Sack-Of-Dog-Squeeze-Blankfein.html" target="_blank">Then there are people like Lloyd Blankfein</a>, who yesterday "apologized" for "participating in things that were clearly wrong."&#160; <a href="http://www.bloomberg.com/apps/news?pid=newsarchive&amp;sid=axpgKkRguvPs" target="_blank">I know you created a "government-wide task force" as of yesterday to "fight financial fraud"</a>, but somehow I doubt we'll see the person who made a public admission yesterday of "participating in things that were clearly wrong" in the dock.&#160; Indeed,&#160;yesterday we were treated to a&#160;revelation&#160;that <a href="http://market-ticker.org/archives/1634-Oh,-So-Jefferson-County-Wasnt-Alone.html" target="_blank">Sacramento is suing a bunch of banks for bid-rigging and kickbacks</a> - suspiciously similar to what apparently happened in Jefferson County Alabama, in which JP Morgan/Chase <strong>agreed</strong> to a fine and "foregone profits" of nearly three quarters of a billion dollars - while "not admitting guilt."&#160; Pardon my cynicism, but I've yet to see anyone willingly hand over nearly 3/4 of a billion dollars unless they're concerned that they might lose a lawsuit or worse, be found guilty in a criminal trial.&#160; It would seem to me that this "task force", if it really is intended to do something productive, would start at the top - with Racketeering prosecutions aimed at our largest financial firms.&#160; But that's not going to happen, is it?</p>
<p>Speaking of "OCCE" (operating a continuing criminal enterprise), what about drug companies?&#160; <a href="http://market-ticker.org/archives/1604-I-Am-Proud-Of-Our-Record.html" target="_blank">There's a bit of a problem there too, no?</a>&#160; Are not the drug companies one of the beneficiaries of your alleged "Health Care Reform"?&#160; After all, you're not going to strip them of their re-importation protection, are you?&#160; Why not?&#160; </p>
<p>Far more important however is where&#160;a&#160;"gentlemen" (Kindler) wound up after not one but two criminal guilty pleas by Pfizer&#160;<strong>for the same crime</strong>.&#160; He was elected to the board of the NY Fed.&#160; Are you as proud of Pfizer's record as is&#160;Mr. Kindler is as their former CEO and General Counsel?&#160; It appears so - not only does your "health care" proposal not&#160;bar deals&#160;with drug companies that <strong>have twice pled guilty to the same felony</strong>, not only is Pfizer still operating as a corporation&#160;(where any "natural person" who did the same sort of thing would be sitting in the hoosegow) but in addition you've sat back silently while their CEO is appointed to one of the chief banking regulatory positions in The United States!</p>
<p>Here's the problem at the end of the day Mr. President.</p>
<p>You were elected on a platform of "Hope and Change."&#160; In point of fact the only change we got is the change at the bottom of our pockets - all the rest of our money has been siphoned off by the very same robber barons and banksters that have corrupted our nation for decades.&#160; You've done exactly nothing to prosecute them for their previous actions or prevent them from doing the same things in the future.&#160; Nearly a year after your election Citibank served upon the American people a 29.9% "rate jack" on their credit cards - an "atomic bird" served up by one of the largest financial firms in The United States, and one that the government now owns a large stake in.&#160; <strong>This was a&#160;slap in the face of Americans by THE GOVERNMENT - that is, YOUR ADMINISTRATION.</strong></p>
<p>You claim to be for the working class people in this country, yet you bow down to China paying people $1/day to assemble junk products, from capacitors that explode (found in literally millions of pieces of electronics) to melamine-laced "food products" to poisonous toothpaste to corrosive drywall&#160;that destroys wiring, plumbing, and, allegedly, the lungs of&#160;US Citizens.</p>
<p>We continue to hear that we "must reform health care" yet just recently Pfizer pled guilty to a criminal felony <strong>that it previously, years ago, pled guilty to before.</strong>&#160; Nobody went to prison, and the fine levied was less than 1% of the firm's market capitalization.&#160; A mere cost of doing business.&#160; These are the "engines" of Americans' health you wish to protect with laws that force we the people&#160;to pay for the development of drugs and medical devices that are then used worldwide - without the rest of the world&#160;paying "their fair share" for the developments that save <strong>their</strong> lives.&#160; We're a generous people but don't you think such charity should be by choice rather than extracted&#160;at gunpoint?&#160;</p>
<p>You refuse to step in and force The Fed to be audited, even though you could get behind Representative Paul and demand it happen.&#160; Why?&#160; Is&#160;it because you're protecting the very people who ripped us all off?&#160;&#160;There are those who believe the true purpose of your Chinese trip is to <a href="http://www.informationclearinghouse.info/article23999.htm" target="_blank">find a way to pry open the doors in China so our Banksters can loot <strong><u>them</u></strong></a>, since the blood all seems to be gone from Americans - the vampires simply drank too much and killed us all.&#160; There's one small&#160;problem with that plan, if indeed it is your intention&#160;- in China they shoot people for the sorts of things that the banksters did over here.&#160; Call it a "feature" of Communism if you'd like.</p>
<p>Let's face it: America may need some protectionism.&#160; Americans can't be expected to compete with $1/day - or $2/day - in wages.&#160; While this "looks good" for a little while as prices come down just as business profits look good when you fire people in the quarter you do it (witness the last two quarters of "earnings") those employees who lost their jobs can't buy anything in the future, as their income has evaporated!&#160; They wind up on the dole, and this drives our budget deficit from 20% of our Federal Budget to roughly 50%.&#160; The pegs and forced buying of Treasuries that have allowed this to happen won't last forever, and when (not if) they snap they will force a Federal Government default.&#160; Thus, my statement in the open letter to China's Premier - <strong>we're not going to pay you.&#160;</strong> </p>
<p>Some have claimed in comments I received that my views in that letter are some sort of jingoistic orgasm.&#160; Nothing could be further from the truth; my views are simply an expression of mathematical fact.&#160;&#160;<strong>Math is the only true science.</strong></p>
<p>Speaking of the math, I'm sure you're aware that about half the nation loved you at the time of your election and the other half hated you.&#160; That's a "feature" of American politics, of course.&#160; But I would be concerned for your job security down the road if you don't change course.&#160; After all, the SEUI and UAW both were strong supporters, as were the "ordinary people" who bought into your "hope and change" mantra.</p>
<p>The problem is that you haven't kept any of those promises.&#160; Your "stimulus" didn't, your "Recovery Czar" has refused to certify the jobs "saved or gained" numbers (that's because they're flat lies, as is obvious&#160;from the employment situation report's household survey) and a huge stock market rally aside, there hasn't been any real turn in the economy.&#160; Instead Wall Street is feasting on the destruction of the dollar, which is a direct consequence of your policies - spending more than one makes eventually destroys confidence in the strength of your balance sheet, and the puerile acts of a Fed Chairman who you claim to support for re-appointment in his futile attempt to keep the musical chairs game going isn't helping matters.&#160; You could stop this tomorrow by demanding that Bernanke raise rates to a mere 2% immediately or you'll replace him with someone who will - after all, his reconfirmation has not yet occurred, and your nomination <strong>can</strong> be withdrawn.&#160; You could fire Timmy and direct Mr. Holder to prosecute all of the crooks on Wall Street that stole the hopes and dreams of millions of Americans, then looted their retirement accounts on top of it.&#160; While your admission of the obvious this morning - that "<a href="http://abcnews.go.com/Business/wireStory?id=9112558" target="_blank">too much debt could lead to a double-dip</a>" sounds good, the fact of the matter is that it is your administration that has piled on most of this debt - and continues to do so.&#160; Are you admitting - in advance - to what's to come next year?</p>
<p>Best of luck to you Mr. President - from where this commentator sits, given the underlying realities of the economy and exploitation of our working class and your willful blindness to the mathematical realities of our fiscal&#160;and economic situation,&#160;you're going to need it.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1638-Watts-The-Deal.html" rel="alternate" title="Watt's The Deal?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-18T13:05:00Z</published>
        <updated>2009-11-18T12:56:22Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1638</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/7-Federal-Reserve" label="Federal Reserve" term="Federal Reserve" />
    
        <id>http://market-ticker.org/archives/1638-guid.html</id>
        <title type="html">Watt's The Deal?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>As I noted on Blogtalk a couple of weeks ago, Representative Watt is doing his level best to derail the "Audit The Fed" bill and amendments introduced by Representatives Grayson and Paul.</p>
<p><a href="http://www.denninger.net/pdf/watt-audit.pdf" target="_blank">Representative Watt's "alternative"</a>, however, doesn't open The Fed's books - <strong>it further snaps them shut!&#160; </strong>It not only leaves all the existing restrictions against an audit in place and refuses to mandate audits it also places <strong>four new restrictions</strong> on any such audit activity.</p>
<p>The most outrageous new&#160;restriction is that an audit, under Watt's proposal, <strong>may not examine the loans or liquidity arrangements that The Fed enters into <u>or the impact of those deals on the reserves, balance sheet or financial condition</u> of either a Fed-regulated bank <u>or The Federal Reserve itself</u></strong>.</p>
<p>It isn't hard to figure out why Watt would want such blanket secrecy.&#160; One need only look at his heavily-gerrymandered district, which happens to contain <strong>the corporate headquarters of Bank of America.</strong></p>
<p>This gives new meaning to "kneel before Zod."</p>
<p>The Dishonorable Representative Watt must resign - there have been ridiculous and outrageous claims made in the past, but any representation that his amendment would somehow "open the books of The Fed" is an outrageous lie, and further, it appears to be intentionally designed to protect one of the very "too big to fail" banks that likely has <strong><u>caused</u></strong> The Fed to get in trouble in the first place - Bank of America.</p> 
            </div>
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1637-Gerald-Celente...-Audio-Link.html" rel="alternate" title="Gerald Celente... Audio Link" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-17T22:06:22Z</published>
        <updated>2009-11-17T22:06:22Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1637</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/19-Other-Voices" label="Other Voices" term="Other Voices" />
    
        <id>http://market-ticker.org/archives/1637-guid.html</id>
        <title type="html">Gerald Celente... Audio Link</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>You should be able to play directly from this <em>Ticker</em>; if not, click the original link, which is from Kingworld News.</p>
<p><a href="http://kingworldnews.com/kingworldnews/Broadcast/Entries/2009/9/25_Gerald_Celente.html" target="_blank">Original Link is here</a>:</p>
<p><img src="http://kingworldnews.com/kingworldnews/Broadcast/Entries/2009/9/25_Gerald_Celente_files/GC_DMW7882fF.jpg" /></p>
<p></p><embed type="audio/mpeg" align="center" src="http://kingworldnews.com/kingworldnews/Broadcast/Entries/2009/9/25_Gerald_Celente_files/Gerald%20Celente%2009:25:2009.mp3" loop="FALSE" autostart="FALSE" /> </embed> 
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1636-Lying-Sack-Of-Dog-Squeeze-Blankfein.html" rel="alternate" title="Lying Sack Of Dog Squeeze: Blankfein" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-17T20:27:00Z</published>
        <updated>2009-11-17T20:35:28Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1636</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1636-guid.html</id>
        <title type="html">Lying Sack Of Dog Squeeze: Blankfein</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
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                <p><a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aeV9jwqKKrEw&amp;pos=2" target="_blank">Sorry Lloyd: <strong>NO SALE</strong></a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>“We participated in things that were clearly wrong and have reason to regret,” Blankfein, 55, said at a conference in New York hosted by the Directorship magazine. “We apologize.” </p></blockquote>
<p dir="ltr">But then there's this...</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Goldman Sachs, the most profitable securities firm in Wall Street history, had a record profit in the first nine months of this year and set aside $16.7 billion for compensation expenses.</p></blockquote>
<p dir="ltr">No they didn't.&#160; Their "profit" was entirely ill-gotten.</p>
<p dir="ltr">About $10 billion from the government via the AIG conduit, which they had a <strong>ZERO</strong> chance of collecting had AIG filed bankruptcy.</p>
<p dir="ltr">Another $21 billion financed at <strong>RADICALLY</strong> below-market rates due to government guarantees - that is, an explicit <strong>taxpayer subsidy.</strong></p>
<p dir="ltr">That money is not Goldman's.&#160; It is ours.</p>
<p dir="ltr">Furthermore, the standard for forgiveness among Christian faiths for sins requires certain things.&#160; Specifically one must:</p>
<ul dir="ltr"><li>
<div>Be sorry for one's sin.&#160; Lloyd professes to be.&#160; Ok.<br /><br /></div>
</li><li>
<div>Forswear sin in the future.&#160; To do so one must identify the specific sin(s) for which one is atoning.&#160; So far, Lloyd hasn't done that.&#160; <strong>Exactly what things did you do that were wrong Lloyd, and why are you trying to evade whatever lawful and reasonable punishment might come from making a <u>full</u> account of your activity?<br /><br /></strong></div>
</li><li>
<div>Make penance where possible.&#160; In this case&#160;it is possible, since the sin involved money.&#160; <strong>Yet Goldman and Lloyd have made no penance whatsoever, despite the myriad people who got hosed as a direct and proximate cause of&#160;activities he now <u>admits</u> were wrong for Goldman to engage in.</strong></div></li></ul>
<p>Goldman may be the "most profitable" Wall Street firm but I will simply observe that it is trivially simple to be "profitable" when one does wrong, since it is always easier to make money by doing wrong than by acting with honor and propriety.</p>
<p>No Lloyd, your apology is not accepted, as it is insincere.&#160; You are simply trying to deflect attention from the well-deserved hit to your reputation - a reputation that, from my perspective, is somewhere south of Satan's.</p>
<p>Have a nice day Jackass and may you burn in Hell.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1635-Commercial-Real-Estate-Check-99%25-Loss.html" rel="alternate" title="Commercial Real Estate Check: 99% Loss" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-17T19:50:00Z</published>
        <updated>2009-11-17T19:41:24Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1635</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/21-CommercialRE" label="CommercialRE" term="CommercialRE" />
    
        <id>http://market-ticker.org/archives/1635-guid.html</id>
        <title type="html">Commercial Real Estate Check: 99% Loss</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.detnews.com/article/20091117/METRO/911170327/1411/METRO02/Silverdome-sale-price-disappoints" target="_blank">Uh, you think this might be a problem?</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p itxtvisited="1"><em itxtvisited="1">Pontiac</em> -- Nearly 35 years after taxpayers spent $55.7 million building the Pontiac Silverdome and a year after a $20 million sale fell through, city officials have sold the arena once called the most desirable property in Oakland County. </p>
<p itxtvisited="1">The price: $583,000.</p></blockquote>
<p dir="ltr" itxtvisited="1">Niiiice.</p>
<p dir="ltr" itxtvisited="1">99% depreciation over 35 years, plus of course all the money poured into property taxes and maintenance.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr" itxtvisited="1">"The citizens of Pontiac deserve better," Seay said. "This is pennies on the dollar (of what it cost). It goes to show how bad times are ... Worse, we don't even know who bought it." </p></blockquote>
<p dir="ltr" itxtvisited="1">Sounds like a Realtor.&#160; Oh wait - that's a Pontiac City Councilman.&#160; Same difference.</p>
<p dir="ltr" itxtvisited="1">Hint to the peanut gallery in Pontiac MI: </p>
<p dir="ltr" itxtvisited="1"><strong>What something is worth is entirely dependent on what someone will pay you for it - nothing more or less.&#160; Ever.</strong></p>
<p dir="ltr" itxtvisited="1">This sale is emblematic of the general state of Commercial Real Estate.&#160; Bluntly, too many people built too much crap on wishes and dreams - dreams they financed with other people's money, either the taxpayer's (in this case) or with some poor jackass who believed the prospectus on some CMBS deal that screamed "PRIME Commercial Space!"</p>
<p dir="ltr" itxtvisited="1">Well, perhaps.&#160; But there are only so many business interests that can inhabit a given area and turn a profit, especially when you send all the good jobs overseas to CHINA and INDIA, rendering unemployed the middle-class call-center employee who <strong>used to</strong> make $30,000 a year but now makes <strong>zero</strong> while the Indian or Chinese employee makes $2/day.</p>
<p dir="ltr" itxtvisited="1">Worse, all real estate (that has buildings on it anyway) has a carrying cost, meaning that if you don't have a revenue-producing use for it the value is actually <strong>negative</strong>.&#160; In the case of the Silverdome basic maintenance on the building&#160;and grounds&#160;is about $1.5 million a year.&#160; If you can't make enough to cover that nut "ownership" just bleeds you out.</p>
<p dir="ltr" itxtvisited="1">Welcome to the "new normal."&#160; </p>
<p dir="ltr" itxtvisited="1">If this doesn't send a shiver up your spine on the "quality" of regional banks that are stuffed to the gills with commercial real estate loans made in the last few years, you're not paying attention.</p>
<p dir="ltr" itxtvisited="1">Don't worry, you soon will be, as nearly all of these deals are interest-only and have to roll over between now and 2013.&#160; </p>
<p dir="ltr" itxtvisited="1">They can't and won't.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1632-Open-Letter-To-The-Chinese-Premier.html" rel="alternate" title="Open Letter To The Chinese Premier" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-17T14:22:00Z</published>
        <updated>2009-11-17T15:38:51Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1632</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1632-guid.html</id>
        <title type="html">Open Letter To The Chinese Premier</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Dear Wen Jaibao:</p>
<p>We in America have noted with concern your nations' expression of alarm at our Federal Reserve's blatant money-printing, debt monetization, and interference in the free markets, in particular&#160;<a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aTQOjxN0UtLw&amp;pos=3" target="_blank">the recent commentary of China's bank regulator cited here</a>:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>“The continuous depreciation in the dollar, and the U.S. government’s indication, that in order to resume growth and maintain public confidence, it basically won’t raise interest rates for the coming 12 to 18 months, has led to massive dollar arbitrage speculation,” he told reporters in Beijing today at the International Finance Forum. </p>
<p>Liu said this has “seriously affected global asset prices, fuelled speculation in stock and property markets, and created new, real and insurmountable risks to the recovery of the global economy, especially emerging-market economies.” </p></blockquote>
<p dir="ltr">Mr. Liu is correct, of course.&#160; However,&#160;yesterday afternoon Ben Bernanke gave you the finger, <a href="http://www.federalreserve.gov/newsevents/speech/bernanke20091116a.htm" target="_blank">first in his speech</a>&#160; and then later in the Q&amp;A <a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=as_A0gWmNAVY&amp;pos=1" target="_blank">in which he said</a>:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Nov. 16 (Bloomberg) -- Federal Reserve Chairman Ben S. Bernanke said it’s “not obvious” that asset prices in the U.S. are out of line with underlying values after a 64 percent jump in the Standard &amp; Poor’s 500 Index from its March low. </p></blockquote>
<p dir="ltr">Donald Kohn, another Fed Governor, erected his middle finger in your direction as well with his comments last night and Yellen added her view&#160;this morning in which&#160;they also both&#160;said "we see no bubble."&#160; That's three.&#160; </p>
<p dir="ltr">How many more times do you need to be flipped off before you get it: The Fed isn't going to do what you want, and neither is Obama.&#160; Get over yourself.</p>
<p dir="ltr">On the objective measures the price/earnings multiple of the S&amp;P 500 currently stands at over 130, more than double its previous record and vastly beyond anything achieved even in China's manipulated and overheated markets.&#160; In short, they're lying and they don't care.&#160;</p>
<p dir="ltr">Welcome to American Politics Mr. Wen.</p>
<p dir="ltr">(In the event you're not aware, "the finger" is the extended middle finger pointed in your direction, a universal American insult that, roughly translated, asks that&#160;you be fornicated.&#160; I do not know what an equivalent insult is in Chinese.)</p>
<p dir="ltr">Now that I have your attention by making sure you that you realize that our Central Bank has flipped you off, let me point out something you should be aware of:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><strong>The&#160;so-called "paper" you hold denominated in our dollars&#160;will not be paid in full.</strong></p></blockquote>
<p dir="ltr">Let me put forward a few realities you may not be aware of, since you are the Premier of a Communist Nation where there is no freedom of the press nor, for that matter, any of the other freedoms guaranteed in our Bill of Rights.&#160; That is, you head a nation where you believe the government has rights and the serfs, er, population has privileges you grant, where our founding documents express the precise opposite view - we believe that all people have rights that are endowed by our creator, that government can secure and protect rights but is incapable of bestowing them (since it didn't have them in the first place), and that government has mere privileges granted by the people - and that the people have the right to revoke those privileges.</p>
<p dir="ltr">Here's the problem you face, in a nutshell, just to make sure you read it correctly the first time:&#160;</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><strong><font size="4">We're not going to pay.</font></strong></p></blockquote>
<p dir="ltr">First, we (the citizens) didn't enter into these obligations.&#160; You pursued a mercantilist strategy that involved, among other things, near-literal enslavement of your citizens under working conditions equal to or&#160;worse than those we imposed on the Africans we forcibly imported&#160;into this nation (that is, kidnapped) in the 1600s and 1700s.&#160; We eventually figured out that this was&#160;abusive and stupid, although it took a civil war for us to do so.&#160; You've yet to figure it out - you punish dissent with tanks and&#160;bullets&#160;while refusing to recognize basic human rights.&#160; You build schools and other structures that collapse in minor earthquakes or when 3" of snow falls on their roofs, claiming this is "progress", when the native Americans that inhabited this nation were capable of constructing buildings of nothing more than sticks and animals skins that remained standing under similar conditions.&#160; Using this slave labor, having destroyed our middle class workforce via offshoring, you have then sent back to us poisoned children's toys, toothpaste&#160;and drywall, and demanded that we pay for these&#160;poisonous and dangerous&#160;products with good money.&#160; As a consequence we the people&#160;don't like you very much.&#160; In fact, some of us would be quite content to invite you to dinner - as the main course.</p>
<p dir="ltr">Next, it is clear that you have strong-armed our government into exchanging toxic securities you bought from <strong>private actors</strong> for "good credit" US Treasuries.&#160; You are among those who have played the "Financial Armageddon" card with a fair measure of success.&#160; Precisely what you said and to whom you said it has not been publicly disclosed, but that threats&#160;were part of the negotiation is essentially assured, since nobody in their right mind would exchange used toilet paper for good Treasury Debt otherwise.&#160; Yet our government wasn't the agent of the original fraud - those were private corporations and actors.&#160; Instead of doing what reasonable people do - that is, sue in a US Court and hold the guilty to account&#160;- you decided to play geopolitics.&#160; You have that right, but we have the right to tell you to stuff it - today or tomorrow.&#160; That day will come I can assure you.</p>
<p dir="ltr">Third, there is the matter of our citizens waking up to the scams - including your scams.&#160; An increasing number of citizens in this country have had enough of the BS and, having been ignored when&#160;EESA/TARP was debated (by over 100:1 we told&#160;Congress not to bail out&#160;those bastards who ripped both us and you off)&#160;are intentionally reducing their output.&#160; This of course reduces the tax base against which our government can extract money to pay you with.&#160; Further, our government has over the space of more than 30 years embarked on programs that allow any US Citizen to effectively live for free, paying nothing.&#160; There's not a thing you can do about this, and we both can and are de-funding our government's ability to tax.&#160;&#160;Have a look at tax receipts - the government is running a near-$2 trillion deficit for this reason above all others.&#160; Attempts to raise taxes on the remaining productive citizens simply cause more of them to decide to join those who erect their middle finger toward Washington DC, choosing Food Stamps and Medicaid over hard work.&#160; There's a phrase for this: "Going Galt."&#160; I recommend you read Ayn Rand's "Atlas Shrugged" - I'm sure there's a Chinese translation somewhere, although I suspect you shot the translator after he completed the work, lest he gain "subversive" thoughts and communicate them to others.&#160; </p>
<p dir="ltr">Trust me when I tell you we're just as pissed off about the frauds and scams as you are, but that doesn't give you the right to obligate we the people who were not the architects of these scams and frauds to pay for them, and we will not accept any such putative "obligation."&#160; Go take your gripe up with Mr. Paulson, Bernanke, Geithner, Obama, Bush and those who peddled all this crap worldwide.&#160; Your beef is with them, not us, and we hold that those who commit bad acts are where the liability for same begins and ends.</p>
<p dir="ltr">Finally, we have the matter of our children and those yet unborn.&#160; They did not consent to any of this - not even the rampant consumerism you fueled in this nation&#160;with your slave labor and pegged currency.&#160; They have no obligation whatsoever to you or to any debt contracted by anyone prior to their coming of age, and it is highly unlikely they will consent to be bound to it.&#160; The privation necessary for us and our children to pay - that is, reducing our working class to an income of $2/day to match your serfs (who thus far have surprisingly not found their 750 million pitchforks yet) isn't going to happen.</p>
<p dir="ltr">You proceed from the unfounded belief that our government will be able to extract this effort from us via either voluntary compliance with ever-rising taxation or the employment of naked force at arms.&#160; This is not a&#160;sound assumption.&#160; Americans have a long history of suffering various usurpations and injustices, but Americans also have&#160;a history of "snapping" when pushed too far.&#160; Ask the British about what happened at Concord on April 19th, 1775.</p>
<p dir="ltr">Sooner or later, whether by peaceful election or less-than-peaceful means, a leader will arise in America who will contemplate erecting the middle finger back in your direction, just as many Americans have flipped off Washington DC.&#160; Ben Bernanke, Mr. Kohn and&#160;Ms.&#160;Yellen&#160;are just the first three you've seen in our officials who are willing to tell you where to stick your expectations - the day will come, I assure you, where a decision is made to simply tell you to stuff it at the highest levels of our government.&#160; Yes, such a declaration - that your alleged and dear "Treasuries" are in fact nothing more than toilet paper - would have severe geopolitical consequences.&#160; So what?&#160; By then our nation will be incapable of paying anyway - a default by any other name is still default.&#160; But our citizens, unlike yours, are and will be armed - go ask Admiral&#160;Yamamoto about the wisdom of considering an attempt to enforce your alleged debt by force.&#160; While you're at it count the blades of grass in our nation.&#160; I think you can figure the rest out for yourself.</p>
<p dir="ltr">Worse for you, while we would suffer were America to turn isolationist, we would survive.&#160; Your nation and its people would not.</p>
<p dir="ltr">Let me give you a piece of advice: <em>Sell your Treasuries and dollars while you can.</em></p>
<p dir="ltr">Oh, you'd love to do that, wouldn't you?&#160; But you can't, and you know it.&#160; See, you've entered into a pact with the devil - a devil of your own creation.&#160; Should you sell a material amount of your holdings you would collapse the Treasury market and receive only pennies on the dollar.&#160; Further, you would instantaneously cut off your trade flow into the United States - the rise in interest rates this would provoke over here would&#160; force our citizens to spend only what they earn, as the cost of credit would rocket higher - much higher.&#160; It would also force an immediate default on whatever was left of your alleged "Treasuries" as&#160;our government would be forced to repudiate your holdings to remain solvent.&#160;&#160;When it comes down to "you or us", let me assure you, it will be us.&#160; This in turn would cause all your poison toy, drywall, toothpaste&#160;and melamine-laced baby food factories to close.&#160; Without that meager $2/day salary you would have 750 million hungry and&#160;angry Chinese who just might figure out what a pitchfork's best and highest use is.&#160; We, on the other hand, would chuckle mightily as we returned to actual hard work - for our benefit, not yours.</p>
<p dir="ltr">So let's cut the crap Mr. Premier.&#160; You have no good way out of this dance with the devil.&#160; The amusing part of this is that you're reduced to the position of a petulant child who can't have that next candy bar - you scream loudly but have the balls of a baby, unable to do a damn thing about the increasing number of middle fingers erected in your direction - now by our Central Bank, and soon by the highest levels of our government.</p>
<p dir="ltr">If you have trouble reading the intent behind those three birds being flown&#160;in&#160;your direction, I assure you - those are only the first three of many you will recognize in the months and years to come.&#160;&#160;We the people of America, having been abused with your poisoned toys, toothpaste and construction materials,&#160;are taking great amusement in the fact that an alleged "superpower's" Premier in reality&#160;has no more power to effect geopolitical&#160;outcomes&#160;than the incessant howling of a 2-year old child.</p>
<p dir="ltr">Have a nice day.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1634-Oh,-So-Jefferson-County-Wasnt-Alone.html" rel="alternate" title="Oh, So Jefferson County Wasn't Alone?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-17T15:34:00Z</published>
        <updated>2009-11-17T15:31:31Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1634</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1634-guid.html</id>
        <title type="html">Oh, So Jefferson County Wasn't Alone?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><font style="BACKGROUND-COLOR: #faffff"><a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aBMy4gnnFIk4&amp;pos=7" target="_blank">Gee, you mean there's never only one cockroach?</a></font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p><font style="BACKGROUND-COLOR: #faffff">The lawsuit, filed by the Sacramento Municipal Utility District, is based on federal and state antitrust claims.<strong> It alleges Charlotte, North Carolina-based Bank of America and more than a dozen other banks conspired to pre-select winners of municipal derivative auctions, coordinated their pricing, and accepted kickbacks disguised as fees from co-conspirators. </strong></font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Where have we heard that before?&#160; <a href="http://market-ticker.org/archives/1578-JP-Morgan-And-Alabama-Swaps.html" target="_blank">Oh yeah, I remember!</a></font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The SEC alleged that JPMorgan, Charles LeCroy, the banker who pitched the refinancing to Jefferson County, and Douglas MacFaddin, the former head of the New York-based bank’s municipal derivatives desk, made more than $8 million in undisclosed payments to close friends of county commissioners. The associates owned or worked at local-broker dealer firms that didn’t do any work on the deals, the SEC said. </p></blockquote>
<p dir="ltr">Ding ding ding ding.</p>
<p dir="ltr">Gee, you think this might have been a pervasive practice?&#160; Naw, those good bankers would <strong>never</strong> cheat the state and local governments, right?</p>
<p dir="ltr"><img src="http://tickerforum.org/smilies-local/kittylaugh.gif" /></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1633-SIGTARP-Report-on-AIG-Counterparties.html" rel="alternate" title="SIGTARP Report on AIG Counterparties" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-17T13:23:00Z</published>
        <updated>2009-11-17T12:42:01Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1633</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1633-guid.html</id>
        <title type="html">SIGTARP Report on AIG Counterparties</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>The SIGTARP counterparty investigation related to AIG <a href="http://www.denninger.net/pdf/sigtarp-aig.pdf" target="_blank">has been released</a>.</p>
<p>I'm sure there will be much digital ink spilled on this report over the next few days.&#160; But I'd like to focus in on one specific area - found on page 8 of the PDF file.&#160; Specifically:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Although credit default swaps are sometimes referred to as insurance-like contracts, they are not technically considered insurance, and, unlike insurance contracts, <strong>credit default swaps are not regulated.</strong>&#160; As a result AIGFP <strong>was not required to hold reserves to cover losses or other claims as it would if it was selling insurance policies.</strong>&#160;<strong> AIGFP was thus able to sell swaps on $72 billion worth of CDOs to counterparties without holding reserves that a regulated insurance company would be required to maintain if it had written an equivalent amount of insurance coverage.</strong>&#160; Counterparties assumed that AIG, which was a highly rated company at the time it wrote the swaps, would be able to pay any claims on the swaps that might occur as required by the contracts.</p></blockquote>
<p dir="ltr">There are two problems here, <strong>neither of which our government and regulatory apparatus have addressed in any form</strong>:</p>
<ol dir="ltr"><li>
<div>Mr. Barofsky identifies these as "insurance-like contracts."&#160; Indeed.&#160; The financial industry has managed to get regulators to specifically exempt these products from regulation - including the requirement that capital be reserved against these products when originated.&#160; This has in turn allowed <strong>literally indefinite amounts of leverage</strong> to be carried by firms who then&#160;claim to be "hedged" against disastrous outcomes by virtue of these contracts.&#160; <strong>This claim is a lie, because a contract to do a thing without the <u>ability</u> to perform is no contract at all - it is a fraud.</strong><br /><br /></div>
</li><li>
<div>While there was, at the time of the AIG bankruptcy and before, no ability (due to the financial firms' lobbying) to prevent AIGFP from selling these contracts <strong>The Fed did have the ability to prevent institutions over which it has supervisory authority from counting "naked" contracts without counterparty reserves to guarantee performance as "money good" hedges</strong>.&#160; </div></li></ol>
<p>It is incumbent on our government to identify the root causes of the crisis and address them - particularly if they still remain outstanding risks for a second round of "detonate the financial system" that could be far worse than the first one.</p>
<p><strong>Yet nobody in either Congress or The Fed has done so and their claims to the contrary via these circuitous claims of "re-regulating" CDS (with holes big enough to drive a truck through) are laughable.</strong></p>
<p>The simple reality is that our financial system is now <strong>more</strong> vulnerable than it was prior to September of 2008.&#160; Why?&#160; Because we have&#160;increased risk - the collapse of Bear Stearns and Lehman along with other major lenders such as Wachovia and Washington Mutual, with the latter two absorbed into existing large banks, has concentrated risk instead of dissipating and mitigating it.</p>
<p>The issue of "systemic risk" is one of counterparty failures that create cascading failures in <strong>other</strong> firms.&#160; When one allows "insurance" to be written without the ability to pay, one has effectively allowed the wide-scale commission of fraud and circumvention of regulatory capital and leverage limits.</p>
<p>There has been <strong>no</strong> evidence presented thus far that anyone in our government and regulatory apparatus is willing to address this issue - yet until and unless it <strong>is </strong>addressed the very same meltdown path that we took last fall both can and <strong>will</strong> happen again.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1631-You-Stupid-Fool-Bernanke.html" rel="alternate" title="You Stupid Fool (Bernanke)" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-16T19:26:00Z</published>
        <updated>2009-11-16T19:12:09Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1631</wfw:comment>
    
        <slash:comments>0</slash:comments>
        <wfw:commentRss>http://market-ticker.org/rss.php?version=atom1.0&amp;type=comments&amp;cid=1631</wfw:commentRss>
    
            <category scheme="http://market-ticker.org/categories/7-Federal-Reserve" label="Federal Reserve" term="Federal Reserve" />
    
        <id>http://market-ticker.org/archives/1631-guid.html</id>
        <title type="html">You Stupid Fool (Bernanke)</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Does anyone remember <a href="http://market-ticker.org/archives/546-Put-Exercise-Gentlemen!.html" target="_blank">my ranting at Paulson</a> when he was talking about his "Bazooka"?&#160; Here is what I said:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p><a href="http://www.denninger.net/letters/2008-07-19-Lawmakers.pdf" target="_blank"><font size="2">This joins the list of other "dead wrong" statements you've made</font></a><font size="2">, of which I am keeping a running copy and sent them around on the 19th of July.&#160; </font></p>
<p><font size="2">How many times do you get to be wrong as Treasury Secretary Hank before you <strong>resign</strong> in shame?</font></p>
<p align="left"><font size="2">And now I must ask again - <strong><em>is that really a Bazooka in your pocket, or an empty launcher?</em></strong>&#160; I'm not the only one that's curious you know; the bond market seems to think it smells like BS, and so does the stock market.</font></p></blockquote>
<p dir="ltr" align="left"><font size="2">Fannie and Freddie collapsed, remember?</font></p>
<p dir="ltr" align="left"><img src="http://market-ticker.denninger.net/uploads/2008-08-20-TOS_CHARTS.serendipityThumb.png" /></p>
<p dir="ltr" align="left"><font size="2">Paulson was proved&#160;- and rather quickly so -&#160;to be completely full of crap.</font></p>
<p dir="ltr" align="left"><font size="2">Bernanke's comments today may have just provoked a dollar catastrophe - a collapse move that may have just begun.&#160; Witness this chart:</font></p>
<p dir="ltr" align="left"><font size="2"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/dx-collapse.serendipityThumb.png" width="400" height="295" /></font></p>
<p dir="ltr" align="left"><font size="2">The market took about 10 minutes to discern that Bernanke's "concern" was BS, and now has pushed in the chips - "all in" - breaking key support below 75 - and still going.</font></p>
<p dir="ltr" align="left"><font size="2">The carry traders have redoubled their bets and obviously intend to force Bernanke to either put up or shut up.</font></p>
<p dir="ltr" align="left"><font size="2">The problem with Paulson's claim is that when the market called the bluff he wound up sticking the taxpayer for up to $400 billion, of which more than $100 billion has now been dissipated.</font></p>
<p dir="ltr" align="left"><font size="2">It appears the FX market intends to force Bernanke (and Geithner) to either defend the dollar or allow it to collapse.&#160; The violence of this move and the concurrent "ramp job" that accompanied it in the S&amp;P 500 makes clear a few points though.</font></p>
<ul dir="ltr"><li>
<div align="left"><font size="2">The "efficiency" of transmission between this move down and the move up in the stock market <strong>is lower than the previous moves have been, although the correlation remains intact.</strong><br /><br /></font></div>
</li><li>
<div align="left"><font size="2">The FX markets will press this bet incessantly as they did when Geithner last mouthed the "strong dollar" mantra.</font></div></li></ul>
<p align="left"><font size="2">The Fannie and Freddie game wound up bankrupting both firms and forcing the government to bail them out.</font></p>
<p align="left"><strong><em><font size="2">Who is going to bail out the United States Government if and when the FX markets and carry traders cause a disorderly collapse in the dollar?</font></em></strong></p>
<p align="left"><font size="2">Just as with Paulson's idiocy I'll bet not one person in Congress or The Administration will stand up and put a sock in Bernanke, despite the fact that we are <strong>again</strong> seeing the "ALL IN!" game when the person doing it&#160;is holding&#160;2-7 off-suit.</font></p>
<p align="left"><font size="2">But this post, if&#160;Bernanke has indeed provoked a collapse of the dollar, is one I will be printing as a full-page advertisement in USA Today - if there still is a USA Today, or for that matter any other national newspaper to which one can freely insert material, in a couple of years.</font></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1630-FedSpeak-Translation-1116.html" rel="alternate" title="FedSpeak Translation 11/16" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-16T18:58:00Z</published>
        <updated>2009-11-16T18:28:17Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1630</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/7-Federal-Reserve" label="Federal Reserve" term="Federal Reserve" />
    
        <id>http://market-ticker.org/archives/1630-guid.html</id>
        <title type="html">FedSpeak Translation 11/16</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p dir="ltr"><font style="BACKGROUND-COLOR: #faffff"><a href="http://www.federalreserve.gov/newsevents/speech/bernanke20091116a.htm" target="_blank">I just gotta.....</a></font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p><font style="BACKGROUND-COLOR: #faffff">When I last spoke at the Economic Club of New York a little more than a year ago, the financial crisis had just taken a much more virulent turn. In my remarks at that time, I described the extraordinary actions that policymakers around the globe were taking to address the crisis, and I expressed optimism that we had the tools necessary to stabilize the system. </font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">I&#160;had a load&#160;in my pants, but put saran wrap over my underwear so you couldn't smell it.&#160; It worked too, didn't it?</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Today, financial conditions are considerably better than they were then, but significant economic challenges remain. The flow of credit remains constrained, economic activity weak, and unemployment much too high. Future setbacks are possible. Nevertheless, I think it is fair to say that policymakers' forceful actions last fall, and others that followed, were instrumental in bringing our financial system and our economy back from the brink. The stabilization of financial markets and the gradual restoration of confidence are in turn helping to provide a necessary foundation for economic recovery. We are seeing early evidence of that recovery: Real gross domestic product (GDP) in the United States rose an estimated 3-1/2 percent at an annual rate in the third quarter, following four consecutive quarters of decline. Most forecasters anticipate another moderate gain in the fourth quarter. </font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">We let banks borrow at zero but you're going to pay 29.9% and like it.&#160; Nobody has a job.&#160; We're playing Wile-E-Coyote pedaling in air, having not stepped off the brink but gunned it and flew 400 feet off the end.&#160; Oh, and the ground is 3,000 feet down.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">As for "Real GDP" we count your wealth and output as having grown if you go to the bank and take a $20,000 cash advance on your credit card.&#160; That makes you richer, right?</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">How the economy will evolve in 2010 and beyond is less certain. On the one hand, those who see further weakness or even a relapse into recession next year point out that some of the sources of the recent pickup--including a reduced pace of inventory liquidation and limited-time policies such as the "cash for clunkers" program--are likely to provide only temporary support to the economy. On the other hand, those who are more optimistic point to indications of more fundamental improvements, including strengthening consumer spending outside of autos, a nascent recovery in home construction, continued stabilization in financial conditions, and stronger growth abroad.</font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Absolutely - those $20,000 credit card cash advances are great - especially when the interest rate goes up to 29.9%.&#160; This will absolutely promote a durable increase in consumer spending and go straight to the bottom line of corporations..... until you go bankrupt!</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">My own view is that the recent pickup reflects more than purely temporary factors and that continued growth next year is likely. However, some important headwinds--in particular, constrained bank lending and a weak job market--likely will prevent the expansion from being as robust as we would hope. I'll discuss each of these problem areas in a bit more detail and then end with some further comments on the outlook for the economy and for policy. </p></blockquote>
<p dir="ltr">So long as we can sucker China into buying our Treasuries.....</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">I began today by alluding to the unprecedented financial panic that last fall brought a number of major financial institutions around the world to failure or the brink of failure. Policymakers in the United States and abroad deployed a number of tools to stem the panic. The Federal Reserve sharply increased its provision of short-term liquidity to financial institutions, the U.S. Treasury injected capital into banks, and the Federal Deposit Insurance Corporation (FDIC) guaranteed bank liabilities. The Federal Reserve and the Treasury each took measures to stop a run on money market mutual funds that began when a leading fund was unable to pay off its investors at par value. Throughout the fall and early this year, a range of additional initiatives were required to stabilize major financial firms and markets, both here and abroad.<a title="footnote 1" href="#fn1"><sup><font size="2">1</font></sup></a><a id="f1" name="f1">&#160;</a> </p></blockquote>
<p dir="ltr">All these banks are still broke.&#160; We papered over the insolvency with printed money, but now we're hearing of people like Goldman changing priority of creditors on some of their deals.&#160; Now now, don't sidle toward the door yet - that smell isn't really the curtains burning!</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The ultimate purpose of financial stabilization, of course, was to restore the normal flow of credit, which had been severely disrupted. The Federal Reserve did its part by creating new lending programs to support the functioning of some key credit markets, such as the market for commercial paper--which is used to finance businesses' day-to-day operations--and the market for asset-backed securities--which helps sustain the flow of funding for auto loans, small-business loans, student loans, and many other forms of credit; and we continued to ensure that financial institutions had adequate access to liquidity. Additionally, we supported private credit markets and helped lower rates on mortgages and other loans through large-scale asset purchases, including purchases of debt and mortgage-backed securities issued or backed by government-sponsored enterprises. </p></blockquote>
<p dir="ltr">We let people lie some more.&#160; It worked so well during the 2000 era.&#160; Home buyers lied about incomes, ratings agencies lied about safety, banks lied to everyone (including themselves and me) and I lied on a daily basis about how "house price appreciation reflects sound fundamentals."&#160; Heh, can't change an unbroken record now!</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Partly as the result of these and other policy actions, many parts of the financial system have improved substantially. Interbank and other short-term funding markets are functioning more normally; interest rate spreads on mortgages, corporate bonds, and other credit products have narrowed significantly; stock prices have rebounded; and some securitization markets have resumed operation. In particular, borrowers with access to public equity and bond markets, including most large firms, now generally are able to obtain credit without great difficulty. Other borrowers, such as state and local governments, have experienced improvement in their credit access as well. </p></blockquote>
<p dir="ltr">We own it all - of course we can print up some more (worthless) currency to paper over whatever.&#160; That's only going to happen for our friends though - you, the average American, are truly screwed.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">However, access to credit remains strained for borrowers who are particularly dependent on banks, such as households and small businesses. Bank lending has contracted sharply this year, and the Federal Reserve's Senior Loan Officers Opinion Survey shows that banks continue to tighten the terms on which they extend credit for most kinds of loans--although recently the pace of tightening has slowed somewhat. Partly as a result of these pressures, household debt has declined in recent quarters for the first time since 1951. For their part, many small businesses have seen their bank credit lines reduced or eliminated, or they have been able to obtain credit only on significantly more restrictive terms.<a title="footnote 2" href="#fn2"><sup><font size="2">2</font></sup></a><a id="f2" name="f2"> </a>The fraction of small businesses reporting difficulty in obtaining credit is near a record high, and many of these businesses expect credit conditions to tighten further. </p></blockquote>
<p dir="ltr">Remember when I said "you are screwed"?&#160; Yep.&#160; "You" includes all the little people.&#160; Consumers, small businessfolk, you're all bus fodder and we're gonna back over you <strong>after</strong> running you down.&#160; <em>Gotta make sure you're dead, after all</em>.&#160; "Such a lovely house......"</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">To be sure, not all of the sharp reductions in bank lending this year reflect cutbacks in the availability of bank credit. The demand for credit also has fallen significantly: For example, households are spending less than they did last year on big-ticket durable goods typically purchased with credit, and businesses are reducing investment outlays and thus have less need to borrow. Because of weakened balance sheets, fewer potential borrowers are creditworthy, even if they are willing to take on more debt. Also, write-downs of bad debt show up on bank balance sheets as reductions in credit outstanding. Nevertheless, it appears that, since the outbreak of the financial crisis, banks have tightened lending standards by more than would have been predicted by the decline in economic activity alone. </p></blockquote>
<p dir="ltr">There's a few of you who have figured it out and given us the bird, refusing to borrow and bankrupt yourselves.&#160; The rest of you <strong>are</strong> bankrupt.&#160; Is that "credit-worthy"?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Several factors help explain the reluctance of banks to lend, despite general improvement in financial conditions and increases in bank stock prices and earnings. First, bank funding markets were badly impaired for a time, and some banks have accordingly decided (or have been urged by regulators) to hold larger buffers of liquid assets than before. Second, with loan losses still high and difficult to predict in the current environment, and with further uncertainty attending how regulatory capital standards may change, banks are being especially conservative in taking on more risk. Third, many securitization markets remain impaired, reducing an important source of funding for bank loans. In addition, changes to accounting rules at the beginning of next year will require banks to move a large volume of securitized assets back onto their balance sheets. Unfortunately, reduced bank lending may well slow the recovery by damping consumer spending, especially on durable goods, and by restricting the ability of some firms to finance their operations. </p></blockquote>
<p dir="ltr">Oh darn they're going to stop us from lying as much.&#160; We'll screw you some more in retaliation for that.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The Federal Reserve has used its authority as a bank supervisor to help facilitate the flow of credit through the banking system. In November 2008, with the other banking agencies, we issued guidance to banks and bank examiners that emphasized the importance of continuing to meet the needs of creditworthy borrowers, while maintaining appropriate prudence in lending decisions.<a title="footnote 3" href="#fn3"><sup><font size="2">3</font></sup></a><a id="f3" name="f3"> </a>This past spring, the Federal Reserve led the Supervisory Capital Assessment Program, or SCAP--a coordinated, comprehensive examination designed to ensure that 19 of the country's largest banking organizations would remain well capitalized and able to lend to creditworthy borrowers even if economic conditions turned out to be worse than expected. The release of the assessment results in May increased investor confidence in the U.S. banking system. A week ago, the Federal Reserve announced that 9 of 10 firms that were determined to have required additional capital were able to fully meet their required capital buffers without any further capital from the U.S. Treasury, and that aggregate Tier 1 common equity at the 10 firms increased by more than $77 billion since the conclusion of the assessment.<a title="footnote 4" href="#fn4"><sup><font size="2">4</font></sup></a><a id="f4" name="f4">&#160;</a> </p></blockquote>
<p dir="ltr">Colonial Bank was so-well "supervised" that their assets were worth nearly 40% less than claimed when they were finally taken over.&#160; They're not alone.&#160; Losses of 20, 30, 40 even 50% are not uncommon, but it's all ok - the FDIC ends up eating those.&#160; We, as the penultimate bank regulator, rubber-stamp whatever Blankfein tells us to.&#160; Ain't life grand when you can make someone else eat your screwups?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The Federal Reserve will continue to work with banks to improve the access of creditworthy borrowers to the credit they need. Lending to creditworthy borrowers is good for the economy, but it also benefits banks by maintaining their profitable relationships with good customers. We continue to encourage banks to raise additional capital to support their lending. And we continue to facilitate securitization through our Term Asset-Backed Securities Loan Facility (TALF) and to support home lending through our purchases of mortgage-backed securities. Normalizing the flow of bank credit to good borrowers will continue to be a top priority for policymakers. </p></blockquote>
<p dir="ltr">They will lend all you're dumb enough to borrow at 29.9%.&#160; See Citibank - the ultimate global bank that has your best interest in mind.</p>
<p dir="ltr">Really.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">While I am on the topic of bank lending, I would like to add a few words about commercial real estate (CRE). Demand for commercial property has dropped as the economy has weakened, leading to significant declines in property values, increased vacancy rates, and falling rents. These poor fundamentals have caused a sharp deterioration in the credit quality of CRE loans on banks' books and of the loans that back commercial mortgage-backed securities (CMBS). Pressures may be particularly acute at smaller regional and community banks that entered the crisis with high concentrations of CRE loans. In response, banks have been reducing their exposure to these loans quite rapidly in recent months. Meanwhile, the market for securitizations backed by these loans remains all but closed. With nearly $500 billion of CRE loans scheduled to mature annually over the next few years, the performance of this sector depends critically on the ability of borrowers to refinance many of those loans. Especially if CMBS financing remains unavailable, banks will face the tough decision of whether to roll over maturing debt or to foreclose. </p></blockquote>
<p dir="ltr">We looked the other way and encouraged people to build commercial real estate that nobody really wanted or could pay for too, just like houses.&#160; But unlike houses (we successfully dumped all that trash on you via Fannie and Freddie - and now the FHA!) we haven't figured out how to make you, the taxpayer, eat this one yet.</p>
<p dir="ltr">We will though - trust us.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Recognizing the importance of this sector for the economic recovery, the Federal Reserve has extended the TALF programs for existing CMBS through March 2010 and newly structured CMBS through June. Moreover, the banking agencies recently encouraged banks to work with their creditworthy borrowers to restructure troubled CRE loans in a prudent manner, and reminded examiners that--absent other adverse factors--a loan should not be classified as impaired based solely on a decline in collateral value.<a title="footnote 5" href="#fn5"><sup><font size="2">5</font></sup></a><a id="f5" name="f5">&#160;</a> </p></blockquote>
<p dir="ltr">Delay is important - we'll dump it all on you as soon as you recover from the violation you took over the last two years on consumer lending and residential real estate.&#160; Until then we've told the banks to lie about valuations.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">In addition to constrained bank lending, a second area of great concern is the job market. Since December 2007, the U.S. economy has lost, on net, about 8 million private-sector jobs, and the unemployment rate has risen from less than 5 percent to more than 10 percent.<a title="footnote 6" href="#fn6"><sup><font size="2">6</font></sup></a><a id="f6" name="f6"> </a>Both the decline in jobs and the increase in the unemployment rate have been more severe than in any other recession since World War II.<a title="footnote 7" href="#fn7"><sup><font size="2">7</font></sup></a><a id="f7" name="f7">&#160;</a> </p></blockquote>
<p dir="ltr">All this lying and scamming (which we countenanced and indeed practice ourselves) has led 8 million people to lose their jobs. </p>
<p dir="ltr">Don't worry, it will get worse.&#160; A lot worse.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Besides cutting jobs, many employers have reduced hours for the workers they have retained. For example, the number of part-time workers who report that they want a full-time job but cannot find one has more than doubled since the recession began, a much larger increase than in previous deep recessions. In addition, the average workweek for production and nonsupervisory workers has fallen to 33 hours, the lowest level in the postwar period. These data suggest that the excess supply of labor is even greater than indicated by the unemployment rate alone. </p></blockquote>
<p dir="ltr">I told you it was going to get worse!&#160; Didn't you listen the first time?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">With the job market so weak, businesses have been able to find or retain all the workers they need with minimal wage increases, or even with wage cuts. Indeed, standard measures of wages show significant slowing in wage gains over the past year. Together with the reduction in hours worked, slower wage growth has led to stagnation in labor income. Weak income growth, should it persist, will restrain household spending. </p></blockquote>
<p dir="ltr">Work harder you slave, or you'll get fired!&#160; Oh, and spend every last penny - it's important.&#160; Especially if you don't have it - go see Citibank - they'll give you that 30% interest rate credit card.&#160; </p>
<p dir="ltr">I promise.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The best thing we can say about the labor market right now is that it may be getting worse more slowly. Declines in payroll employment over the past four months have averaged about 220,000 per month, compared with 560,000 per month over the first half of this year. The number of initial claims for unemployment insurance is well off its high of last spring, but claims still have not fallen to ranges consistent with rising employment. </p></blockquote>
<p dir="ltr">We're running out of people to fire.&#160; I can't fire my driver, for example.&#160; That would require that I drive myself.&#160; Ditto for my butler.</p>
<p dir="ltr">But I can feed him dog food - heh heh heh....</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Although economic pain is widespread across industries and regions, different groups of workers have been affected differently. For example, the unemployment rate for men between the ages of 25 and 54 has risen from less than 4 percent in late 2007 to 10.3 percent in October--nearly double the rise in unemployment among adult women. This discrepancy likely reflects the high concentration of job losses in manufacturing, construction, and financial services, industries in which men make up the majority of workers. From the perspective of America's economic future, the effect of the recession on young workers is particularly worrisome: The unemployment rate among people between the ages of 16 and 24 has risen to 19 percent--and among African American youths, it is now about 30 percent. When young people are shut out of the job market, they lose valuable opportunities to gain work experience and on-the-job training, potentially reducing their future wages and employment opportunities.<a title="footnote 8" href="#fn8"><sup><font size="2">8</font></sup></a><a id="f8" name="f8">&#160;</a> </p></blockquote>
<p dir="ltr">The young are both stupid and weak.&#160; We know they won't revolt - they have had a dozen years of government indoctrination and just finished up the mandatory part.&#160; (Thank God this isn't France or those youngsters would have gotten the guillotine out from storage by now!)</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Given this weakness in the labor market, a natural question is whether we might be in for a so-called jobless recovery, in which output is growing but employment fails to increase. </p></blockquote>
<p dir="ltr">This is not a question.&#160; The question is whether you will notice that we conspire with the government to simply lie about "output".&#160; Witness the so-called "retail sales report" this morning, which we successfully cooked.&#160; (As an aside that bastard <em>Tickerguy</em> caught us, but nobody reads him anyway.&#160; Fortunately.)</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Productivity is defined as output per hour of work. Thus, essentially by definition, a jobless recovery--in which output is growing but hours of work are not--must be a period of productivity growth. In the jobless recoveries that followed the 1990-91 and 2001 recessions, productivity growth was quite strong. It may seem paradoxical that productivity growth--which in the longer term is the most important source of increases in real wages and living standards--can have adverse consequences for employment in the short term. But, when the demand for goods and services is growing slowly, that may be the case. </p></blockquote>
<p dir="ltr">Work harder or be fired!</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">In fact, productivity growth has recently been quite high, even when the economy was contracting. Output per hour in the nonfarm business sector is estimated to have risen at about a 5-1/2 percent annual rate so far this year, well above longer-term averages. One reason for recent productivity gains likely was the reaction of employers to the freefall in the economy that began in the second half of 2008. Normally, employers are slow to cut their workforces when the economy turns down. The process of finding, hiring, and training new workers is costly. Thus, if employers expect the downturn will be neither too severe nor too lengthy, they retain more existing workers than they need in the short term, rather than laying them off and replacing them when the recovery begins. However, in the recent downturn, employers were exceptionally uncertain about the future, some even fearing a second Great Depression. Moreover, tight credit conditions left little margin for error. Accordingly, to protect themselves against the worst possibilities, employers shed workers much more sharply than usual in recessions. Thus, the productivity gains this year generally reflected pronounced declines in labor input rather than greater output. </p></blockquote>
<p dir="ltr"><strong>I SAID WORK HARDER AND GET PAID LESS&#160;OR BE FIRED!</strong></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Will the increases in productivity persist? It is likely that, in some cases, firms achieved their productivity gains by asking their remaining workers to provide extra effort. The additional gains that can be achieved in this way are limited and probably temporary. Although continuing uncertainty and financial constraints might make such firms hesitant to hire, if demand, production, and confidence pick up, they will find their labor forces stretched thin and will begin to add workers. However, other firms, facing difficult financial conditions and intense pressures to cut costs, seem to have found longer-lasting, efficiency-enhancing changes that allowed them to reduce their workforces; and some less-efficient firms, no longer able to compete, closed their doors. Again, improved efficiency confers great benefits in the longer term. However, to the extent that firms are able to find further cost-cutting measures as output expands, they may delay hiring</p></blockquote>
<p dir="ltr">Employers will stop driving their slaves, er, employees, harder when they fall over dead in the fields.&#160; Oh wait - that was so 1800s.&#160; Or is it more akin to today?&#160; (Let's hope nobody remembers the significance of April 25th, 1792!)</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Other factors will affect near-term employment growth as well. Business confidence in the durability of the expansion, for example, will help determine employers' willingness to hire. The current prevalence of part-time work and short workweeks may slow job creation early in the recovery period, as employers may prefer to convert workers from part-time to full-time status and to add overtime work before turning to new hires. In addition, difficulties in obtaining credit could hinder the expansion of small and medium-sized businesses and prevent the formation of new businesses. Because smaller businesses account for a significant portion of net employment gains during recoveries, limited credit could hinder job growth. Overall, a number of factors suggest that employment gains may be modest during the early stages of the expansion. </p></blockquote>
<p dir="ltr">The longer we keep lying about this the better the chance we can spool up the jet and get out to Paraguay.&#160; Got JP-5?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">I return now to the outlook for the economy and policy. As I noted, I expect moderate economic growth to continue next year. Final demand shows signs of strengthening, supported by the broad improvement in financial conditions. Additionally, the beneficial influence of the inventory cycle on production should continue for somewhat longer. Housing faces important problems, including continuing high foreclosure rates, but residential investment should become a small positive for growth next year rather than a significant drag, as has been the case for the past several years. Prospects for nonresidential construction are poor, however, given weak fundamentals and tight financing conditions.</p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">By allowing banks to claim loans are good when they're not we're letting people live in homes where they haven't made a payment in over a year!&#160; This is broadly supportive of consumer spending.&#160; We'll deal with the homelessness later - when we're in Paraguay.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">In the business sector, manufacturing activity has been expanding and should be helped by the continuing strength of the recovery in the emerging market economies, especially in Asia. As the recovery takes hold, enhanced business confidence, together with the low cost of capital for firms with access to public capital markets, should lead to a pickup in business spending on equipment and software, which has already shown signs of stabilizing. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">China prints money better than we do.&#160; Pay no attention to the empty cities they built, the buildings that collapsed with 3" of snow on their roofs due to shoddy construction, or the schools that collapse in minor earthquakes.&#160; That's all good too - it means they have to spend more on construction!</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">I have discussed two of the principal factors that may constrain the pace of the recovery, namely, restrictive bank lending and the weak job market. Banks' reluctance to lend will limit the ability of some businesses to expand and hire. I expect this situation to normalize gradually, as improving economic conditions strengthen bank balance sheets and reduce uncertainty; the fallout for banks from commercial real estate could slow that progress, however. Jobs are likely to remain scarce for some time, keeping households cautious about spending. As the recovery becomes established, however, payrolls should begin to grow again, at a pace that increases over time. Nevertheless, as net gains of roughly 100,000 jobs per month are needed just to absorb new entrants to the labor force, the unemployment rate likely will decline only slowly if economic growth remains moderate, as I expect. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Why is my nose 16" long?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">The outlook for inflation is also subject to a number of crosscurrents. Many factors affect inflation, including slack in resource utilization, inflation expectations, exchange rates, and the prices of oil and other commodities. Although resource slack cannot be measured precisely, it certainly is high, and it is showing through to underlying wage and price trends. Longer-run inflation expectations are stable, having responded relatively little either to downward or upward pressures on inflation; expectations can be early warnings of actual inflation, however, and must be monitored carefully. Commodities prices have risen lately, likely reflecting the pickup in global economic activity, especially in resource-intensive emerging market economies, and the recent depreciation of the dollar. On net, notwithstanding significant crosscurrents, inflation seems likely to remain subdued for some time. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Oil has doubled and Gold has screamed higher in recent months.&#160; But trust me - there is no inflation.&#160; Gas going from $2 to over $3, headed to $8?&#160; Naw, that's not inflation.&#160; Trust me.&#160; (I already bought the aforementioned JP-5 I need to get out of here&#160;- suckers.)</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">The foreign exchange value of the dollar has moved over a wide range during the past year or so. When financial stresses were most pronounced, a flight to the deepest and most liquid capital markets resulted in a marked increase in the dollar. More recently, as financial market functioning has improved and global economic activity has stabilized, these safe haven flows have abated, and the dollar has accordingly retraced its gains. The Federal Reserve will continue to monitor these developments closely. We are attentive to the implications of changes in the value of the dollar and will continue to formulate policy to guard against risks to our dual mandate to foster both maximum employment and price stability. Our commitment to our dual objectives, together with the underlying strengths of the U.S. economy, will help ensure that the dollar is strong and a source of global financial stability. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">I'd love to lie about the dollar but it doesn't seem to work!&#160; What the hell?&#160; You mean there are people&#160;smarter than me, and my "jawboning" only works for 10 minutes?&#160; Here, you sit on that spike - it'll feel&#160;great.&#160; I promise.</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/dx-11-16.serendipityThumb.png" width="400" height="295" /></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">The Federal Open Market Committee continues to anticipate that economic conditions, including low rates of resource utilization, subdued inflation trends, and stable inflation expectations, are likely to warrant exceptionally low levels of the federal funds rate for an extended period. Of course, significant changes in economic conditions or the economic outlook would change the outlook for policy as well. We have a wide range of tools for removing monetary policy accommodation when the economic outlook requires us to do so, and we will calibrate the timing and pace of any future tightening to best foster maximum employment and price stability. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">We're gonna keep screwing 'ya, and you're going to like it.</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Don't read up on April 25th, 1792.</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Please.</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">&#160;</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1629-FedSpeak-Proves-Correlation-AGAIN.html" rel="alternate" title="FedSpeak Proves Correlation *AGAIN*" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-16T17:56:00Z</published>
        <updated>2009-11-16T18:12:58Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1629</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/7-Federal-Reserve" label="Federal Reserve" term="Federal Reserve" />
    
        <id>http://market-ticker.org/archives/1629-guid.html</id>
        <title type="html">FedSpeak Proves Correlation *AGAIN*</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.federalreserve.gov/newsevents/speech/bernanke20091116a.htm" target="_blank">Here's Bernanke's speech and what he said:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>We are attentive to the implications of changes in the value of the dollar and will continue to formulate policy to guard against risks to our dual mandate to foster both maximum employment and price stability. Our commitment to our dual objectives, together with the underlying strengths of the U.S. economy, will help ensure that the dollar is strong and a source of global financial stability. </p></blockquote>
<p dir="ltr">That's a new one.&#160; You are attentive to it eh?</p>
<p dir="ltr">Well then about this, Sir Jackass?</p>
<p dir="ltr"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/carry-again1.png" width="421" height="282" /></p>
<p dir="ltr">An <strong>EXACT</strong> correlation as soon as Bernanke's words were released - synchronized <strong>EXACTLY</strong> as to time.&#160; Dollar spiked, the S&amp;P 500 dropped.</p>
<p dir="ltr">The Fed has <strong>the</strong> lever to force this carry trade out of the system <strong>before it grows large enough to destroy our economy and productivity.</strong>&#160; They need only raise rates - not a lot - just enough to make our markets unattractive.&#160; 2% should do it nicely.</p>
<p dir="ltr">Who can argue that 2% isn't "very accommodative" in terms of rates?</p>
<p dir="ltr">Bernanke claims:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">My own view is that the recent pickup reflects more than purely temporary factors and that continued growth next year is likely.</p></blockquote>
<p dir="ltr">He's lying.&#160; If he&#160;truly believed this&#160;The Fed Funds rate would not be at zero - but it is.</p>
<p dir="ltr">Bernanke "outs" himself by saying:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The demand for credit also has fallen significantly: For example, households are spending less than they did last year on big-ticket durable goods typically purchased with credit, and businesses are reducing investment outlays and thus have less need to borrow. Because of weakened balance sheets, fewer potential borrowers are creditworthy, even if they are willing to take on more debt. </p></blockquote>
<p dir="ltr">Here's the most-recent Z1 credit graph:</p>
<p dir="ltr"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Z12009-09/CumulativeDebt80-Present.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Z12009-09/CumulativeDebt80-Present.serendipityThumb.png" width="400" height="397" /></a></p>
<p dir="ltr">Note that The Fed's "base money" is at present about $1.8 trillion, which is $1 trillion larger than the "normal" $800 billion.</p>
<p dir="ltr"><strong>But credit outstanding is some $53 trillion dollars.</strong></p>
<p dir="ltr">Clearly, without <strong>credit expansion</strong> it is not possible for economic growth to occur.&#160; But credit expansion requires economic activity that in turn allows the coupon payments - interest and principal - to be made.</p>
<p dir="ltr"><strong>Where is the evidence that this is, at present, possible?</strong></p>
<p dir="ltr">It's absent because it hasn't happened, and that's a major problem.&#160; By refusing to allow the market to take care of the imprudent, <strong>forcing the default of bad loans and thus clearing them from both the lender and borrower's balance sheets, we have impaired any ability to return to economic growth, as the bad debt and its servicing requirements still exist.</strong></p>
<p dir="ltr">Ben goes on to say:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">With nearly $500 billion of CRE loans scheduled to mature annually over the next few years, the performance of this sector depends critically on the ability of borrowers to refinance many of those loans. Especially if CMBS financing remains unavailable, banks will face the tough decision of whether to roll over maturing debt or to foreclose. </p></blockquote>
<p dir="ltr">These "loans" were made imprudently with dramatically-overstated expectations for rents and occupancy.&#160; <strong>There is no solution to this problem that results in sustainable growth without foreclosure and the loss being taken, just as there is not in residential real estate and home mortgages.</strong>&#160; Yet the policy of The Fed and government is to "extend and pretend", or worse, take all the trash onto the balance sheet of either The Fed or The Treasury, effectively hiding the losses - for a while.&#160; But again, that debt still requires servicing no matter where it is, and that (once again) precludes safe and sound lending, as the debt-carrying capacity has been consumed.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Besides cutting jobs, many employers have reduced hours for the workers they have retained. For example, the number of part-time workers who report that they want a full-time job but cannot find one has more than doubled since the recession began, a much larger increase than in previous deep recessions. In addition, the average workweek for production and nonsupervisory workers has fallen to 33 hours, the lowest level in the postwar period. These data suggest that the excess supply of labor is even greater than indicated by the unemployment rate alone. </p></blockquote>
<p dir="ltr">No, really?&#160; You mean that having a McJob isn't as good as screwing together cars?&#160; And further, that having your boss scream at you "work harder and faster or GET FIRED!" isn't good for consumer income - and morale?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Weak income growth, should it persist, will restrain household spending. </p></blockquote>
<p dir="ltr">There is no income growth.&#160; Intentional understatements of inflation - hedonic adjustments and the refusal to include actual house price increases, even though <strong>the majority of Americans own homes</strong>, mean that we have spent the last ten years watching the average American's <strong>real </strong>household purchasing power be destroyed.&#160; Now we add outright job loss and ramping credit card rates to the mix, as if the deception by the government and The Fed was insufficient - kicking people after you've managed to shove 'em in the gutter has become the next great Bankster Sport.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The unemployment rate among people between the ages of 16 and 24 has risen to 19 percent--and among African American youths, it is now about 30 percent. </p></blockquote>
<p dir="ltr">That's because currency and interest-rate imbalances have resulted in those front-line jobs, including especially manufacturing, all going over to China - where they will work for $2/day.&#160; This will not go away without addressing the <strong>structural imbalances</strong> that The Fed, Congress and The Administration have <strong>intentionally created.</strong></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Final demand shows signs of strengthening, supported by the broad improvement in financial conditions.</p></blockquote>
<p dir="ltr">How?&#160; Without jobs how does final demand - with 70% of the economy being consumer spending - strengthen?&#160; Yes, the government can (and has thus far) blow money it doesn't have, so long as China continues to allow it, and transfer that to people.&#160; Is that sustainable?&#160; </p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The outlook for inflation is also subject to a number of crosscurrents. Many factors affect inflation, including slack in resource utilization, inflation expectations, exchange rates, and the prices of oil and other commodities.</p></blockquote>
<p dir="ltr">The Fed has <strong>directly caused</strong> the price of oil to more than double since this spring with its zero interest rates and the establishment of the dollar carry trade.&#160; There is no evidence whatsoever that Bernanke gives a tinker's damn if your gasoline is north of $3/gallon, so I hope you're prepared for it to go to $5, $6, $7 or even $8 - because if this game continues, it will.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">We have a wide range of tools for removing monetary policy accommodation when the economic outlook requires us to do so, and we will calibrate the timing and pace of any future tightening to best foster maximum employment and price stability.</p></blockquote>
<p dir="ltr">Along with&#160;30% unemployment, 29.9% credit card interest rates and destroyed futures for your children and grandchildren.</p>
<p dir="ltr">Bernanke, Geithner and the Administration all are trying to do the impossible - return to "economic growth" in a credit-based monetary system <strong>where the carrying capacity of debt has been effectively reached, WITHOUT forcing the removal of that bad debt by allowing the default of those poorly-underwritten and issued loans.</strong></p>
<p dir="ltr">The immovable object has met the irresistible force.</p>
<p dir="ltr">PS: Oh, Bernanke just said he sees <strong>no problems with valuations</strong> in the US Stock market.&#160; Really Ben?&#160; A P/E of nearly 140 is just fine, right?&#160; No valuation bubble there!</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1628-Goebbels-Retail-Sales.html" rel="alternate" title="Goebbels Retail Sales?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-16T16:52:00Z</published>
        <updated>2009-11-16T17:24:37Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1628</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1628-guid.html</id>
        <title type="html">Goebbels Retail Sales?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.census.gov/retail/marts/www/marts_current.pdf" target="_blank">Interesting note on methodology</a> noted by a forum user (Licorice):</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Each month, questionnaires are mailed to a probability sample of approximately 5,000 employer firms selected from the larger Monthly Retail Trade Survey (MRTS). Firms responding to MARTS account for approximately 65% of the total national sales estimate. Advance sales estimates are computed using a link relative estimator. <strong>The change in sales from the previous month is estimated using only units that have reported data for both the current and previous month. There is no imputation or adjustment for nonrespondents in MARTS.</strong></p></blockquote>
<p dir="ltr">Got it?</p>
<p dir="ltr">The number is cooked.&#160; Only same-store sale changes count <strong>and those stores that closed or were newly opened are ignored.</strong></p>
<p dir="ltr">This implies that the report will may slightly understate results in a rapidly-expanding environment for the first month (although that understatement will be corrected via revisions in the second month)&#160;but is almost certain to grossly overstate results in a weakening consumer retail&#160;environment - and those overstatements <strong>will not</strong> be corrected.</p>
<p dir="ltr">Here's why.</p>
<p dir="ltr">A new store (that has no "last month" history) will typically have low sales numbers for its first month of operation, simply because nobody knows it's there.&#160; While most stores have some sort of "grand opening" or other promotion linked to their inception, the usual "buzz" associated with that tends to be fleeting (days.)&#160; <strong>Traffic then tends to build with familiarity, assuming that the store is successful.&#160; </strong>Since in a flat market this traffic comes from other competitors, the "new store" impact would tend to be neutral or slightly positive beyond actual sales results.&#160; That is, the traffic <strong>taken</strong> by the new store (from existing retailers) will be counted, because the retailer that loses to the new store is counted and the new store is also counted.&#160; The numbers balance; the under-reporting is limited to the initial "grand opening", which is normally a one-off until traffic and familiarity builds, and the new store is reported both for prior and current months as soon as the first month passes.&#160; This causes a revision (upward) in the second month of operation to the prior month's results.</p>
<p dir="ltr"><strong>But a closed store is ignored&#160;in the month it fails, and the traffic that shifts FROM it to other stores pumps their comps .vs. the previous month.</strong>&#160; Therefore, as stores close it looks like retail activity actually increased when in fact at best it was flat.</p>
<p dir="ltr">Examples will make this clear.</p>
<p dir="ltr">We start with one store in the world that has net sales of "100".</p>
<p dir="ltr">Store #2 opens with sales of 10.&#160; Half of that is new activity, half comes from Store #1.&#160; First month shows a sales report of "95", a decrease.&#160; But in the next month Store #2's numbers come online, the "95" is revised to the (true) 105, and Store #2s numbers (which have climbed to 60, while Store #1 has lost share and now also has an amount of 60) are all reportable.&#160; Net activity is now accurate at 120 and the previous month is revised to the (true) net 105.</p>
<p dir="ltr">Store #1 and #2 both are operating with sales of 60.&#160; Store #2 fails, and half of its business goes to Store #1.&#160; <strong>In the month it fails Store #1 shows&#160;an increase and Store #2's numbers are DROPPED ENTIRELY, since it did not report.</strong>&#160; This is not revised.&#160; We now report a "50% increase" in retail activity, which is total crap - we really had a 25% <strong>net decrease for the current month.</strong>&#160; But the revision to the previous month <strong>does</strong> get posted, and depresses the previous month's numbers.</p>
<p dir="ltr">Did this just happen?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The August to September 2009 percent change was revised from -1.5 percent (±0.5%) to -2.3 percent (±0.3%).</p></blockquote>
<p dir="ltr">Oh, it did!&#160; Now we know where the revision to the previous month came from - stores&#160;closed in the present month <strong>and their sales loss was intentionally dropped from the current month</strong>.</p>
<p dir="ltr">Cute folks, cute.&#160; This intentional omission of stores that fail to report for the current month but did for the previous, <strong>instead of counting a closed store as&#160;the zero that it is</strong>, mean that so-called "improvements" by competitors who pick up the previous store's traffic are not balanced by the loss of the failed store.</p>
<p dir="ltr">As such the report intentionally overstates results and you cannot obtain an accurate magnitude for the distortion.&#160; You can, however, detect that it happened by the <strong>negative</strong> revision to the previous month's data - and in this case, we got a big one.</p>
<p dir="ltr">If you were wondering how we can <strong>possibly</strong> have "improving" retail sales data when <strong>sales tax</strong> information from the states refuses to reflect this alleged "improvement" in retail sales, along with how states can post double-digit sales tax declines while "retail sales" are down by a much smaller percentage, you now understand.&#160; The Census Bureau intentionally&#160;lies by omitting the "zero" for a store in the month it closes - that loss of sales is <strong>never</strong> reported - not even retrospectively in a revision the next month.</p>
<p dir="ltr"><em>The Market Ticker</em> once again dissects&#160;The Goebbels Information Bureau residing in our Government.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1625-Financial-Stability-Bill-A-Chimera.html" rel="alternate" title="&quot;Financial Stability&quot; Bill: A Chimera?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-16T13:54:00Z</published>
        <updated>2009-11-16T15:39:37Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1625</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/12-Regulatory" label="Regulatory" term="Regulatory" />
    
        <id>http://market-ticker.org/archives/1625-guid.html</id>
        <title type="html">&quot;Financial Stability&quot; Bill: A Chimera?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><font style="BACKGROUND-COLOR: #faffff"><a href="http://market-ticker.org/archives/1609-Senator-Dodds-Bill-Copy.html" target="_blank">One wonders about this 1136-page behemoth......</a></font></p>
<p>First, some general observations:</p>
<ul><li>It does not ban off-balance sheet exposures.&#160; Why not, given their history both in ENRON's collapse and the panic of 2008?&#160; How many times do we have to see these entities abused for the explicit purpose of hiding risk?<br /><br />
</li><li>It draws a distinction between "regular" and "too big to fail" companies, putting the second into a putative "more supervised" bucket.<br /><br />
</li><li>It lists requirements that allegedly already exist - including for capital, leverage and "prompt corrective action."&#160; But nowhere in the proposed Title does it appear to contain either civil or criminal penalties for the new agency <strong>if it fails to discharge its responsibilities.</strong>&#160; As we have repeatedly seen under existing "Prompt Corrective Action" you can have all the laws you want but if nobody will enforce them they are meaningless.<br /><br />
</li><li>The contingent capital - that is, hybrid debt that is automatically convertible to equity upon failure to meet a standard set by the agency - <strong>sounds</strong> good.&#160; But is it good?&#160; Well, maybe.&#160;&#160;More on that later.<br /><br />
</li><li>It does not appear that this act prevents "large" companies from restructuring as a group of bank holding companies to evade supervision.&#160; I may have missed it, but if there is a clause or title in there that prevents cross-ownership evasion (by treating any such cross-ownership as one firm for the purpose of classification) I didn't see it.<br /><br />
</li><li>The leverage limits specified in the act (the "floor", p56) is ridiculously low.&#160; 2% capital in tangible equity?&#160; <strong>That's 50:1 leverage!</strong>&#160; What are these people smoking?&#160; Remember - Bear and Lehman both failed at about 30:1.&#160; Prudential eh?&#160; Like hell.&#160; Realize that with a 2% tangible equity floor <strong>a mere 2% loss on assets results in bankruptcy.&#160; </strong>How many times have we seen traded securities lose 2% or more <strong>in a single day</strong>?&#160; Many.&#160; How does one call this "prudential"?<br /><br />
</li><li>Credit exposure: There goes the need for "23A" exemptions.&#160; The putative limit of affiliated and unaffiliated firms is 10% to any single firm, although The Fed has handed out exemptions to that limit like candy on Halloween.&#160; This bill puts a 25% limit (!) on unaffiliated credit exposure - a more than doubling of the previous limits.&#160; This is a <strong>tightening</strong> of risk controls?&#160; Like hell.&#160; In addition allowing <strong>more than ten times</strong> the credit exposure to an entity than the equity capital requirement is asinine - this would theoretically allow a single counterparty failure to wipe out the firm's capital by that same ten times!&#160; <strong>A firm should not be allowed to have more exposure to a given counterparty than its equity cushion to prevent any single failure from cascading through to the regulated entity and taking it out.</strong><br /><br />
</li><li>The putative "resolution authority" allows the assumption of literally <strong>any</strong> risk, putative "asset" or liability of a failing firm with the full faith and credit of The United States.&#160; <strong>This is effectively the provision of a blanket guarantee of any large financial firm's assets and liabilities by The US Federal Government.</strong>&#160; I thought we were getting rid of moral hazard (or is that "mortal hazard" - to the government?)<br /><br />
</li><li>The putative "resolution authority" creates an explicit right to do what The Administration did with GM, Chrysler and others - to insert the government <strong>in front</strong> of Senior Creditors.&#160; Over the last year or so the sanctity of the capital structure has been essentially destroyed - this act makes&#160;that destruction a matter of&#160;formal federal law.&#160; Blech.<br /><br />
</li><li>The putative "resolution authority" specifically bars judicial review for those creditors who claim they were screwed by the imposition of modified claim priority.&#160; This codifies in black letter Federal Law what was done to Chrysler and GM bondholders.<br /><br />
</li><li>Ridiculous shortening of statutes of limitations.&#160; There are peppered all over this legislation&#160;unbelievably short periods of time to file claims, from 30 to 90 days - dramatically shortening the time to bring suits.&#160; This appears to be intentionally designed to limit the ability of those who believe they were abused by these processes to obtain judicial relief.<br /><br />
</li><li>The supposed "strengthening" of regulation of OTC derivatives contains a very important weasel provision on page 385.&#160; Specifically, it says ".... <strong>MAY</strong> jointly prescribe rules defining the term "swap" or "security-based swap" to include transactions that have been structured to evade this title."&#160; Note the word <strong>MAY</strong>.&#160; It is not <strong>SHALL</strong>, meaning that just as has occurred to date, the CFTC and SEC can willfully and intentionally allow firms to evade all of these "reforms" - and you can bet they will, since this is entirely within their discretion.&#160; Oh, and the byzantine definition of these products has enough holes to drive a truck through - sideways.<br /><br />
</li><li>This act specifically preempts state "bucket shop" laws relating to swaps and OTC derivatives.&#160; This is a serious problem folks - the issue with "bucket shops" is that the putative "dealer" isn't really dealing at all - you're betting against him and he controls the bid and offer, thereby making it trivially easy to guarantee that you lose.&#160; While there hasn't been much in the way of attention paid to this, I am deeply troubled by inclusion of explicit federal preemption of these laws - <strong>who in the financial industry wants to be able to evade these important protections in state law, and why?</strong></li></ul>
<p>This act effectively transfers and consolidates the OCC and OTS into this new agency, deleting them.&#160; There may be some good that comes from this, in that OCC and OTS have been accused of both malfeasance and misfeasance - and in the case of OTS, specific allegations of conspiracy to cook the books (e.g. Indymac) have been made.&#160; Nor is this a new problem - it featured prominently in the S&amp;L crisis as well <strong>with some of the same actors</strong>.&#160; But putting a different name on the door doesn't change the agency.&#160; What's missing here is the same thing that has been missing up until now - an "or else" putting criminal and/or civil penalties into the law so that those who have or do commit this sort of accounting fraud can and will face the music.</p>
<p>Contingent capital sounds like a great idea, and it might even be a great idea.&#160; But who had the idea to set the bar on leverage at 50:1 (a 2% equity requirement)?&#160; That's insane.&#160; What's wrong with the former 12:1 standard?&#160; Oh, I know, these so-called "too big to fail" companies can't make as much money.&#160; <strong>I thought the purpose of this act was to impose stronger leverage limits and prudential regulation, not loosen standards further?&#160; Why are we going from 40:1 (today) to 50:1 (in this act) if that is the case?</strong></p>
<p>There is a fair bit to like in this act.&#160; The explicit statement of support for state laws in the consumer protection realm that are stronger than federal protections is one of these areas.&#160; The abolishment of "venue shopping" when it comes to regulators (e.g. OCC .vs. OTS) is long overdue.</p>
<p>But the above bullet points are troubling, and this act reeks of having intentional loopholes written into it via obfuscation, along with no statutory demand that the new FIRA agency actually stomp on such abusers.&#160; There are too many "mays", not enough "shalls", <strong>and an absolute lack of "or else's"</strong> - making this one of those acts that says more by its absence than presence.</p>
<p>Add to that the <strong>further</strong> loosening of leverage limits and you have what is obviously a lobbyist-written "bill" that totals 1136 pages primarily as a means to dissuade anyone from reading it.</p>
<p>Well, it didn't stop me.... and what I see in there, despite the gloss of some&#160;improvements (especially in consumer protection)&#160;is a big fat stinking piece of used dog food when it comes to financial stability and prudent regulation.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1626-October-Retail-Sales-Empire-Report.html" rel="alternate" title="October Retail Sales / Empire Report" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-16T13:44:00Z</published>
        <updated>2009-11-16T13:32:13Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1626</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/17-Consumer" label="Consumer" term="Consumer" />
    
        <id>http://market-ticker.org/archives/1626-guid.html</id>
        <title type="html">October Retail Sales / Empire Report</title>
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                <p><a href="http://www.census.gov/retail/marts/www/marts_current.html" target="_blank">I don't see this being too good...</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">The U.S. Census Bureau announced today that advance estimates of U.S. retail and food services sales for October, adjusted for seasonal variation and holiday and trading-day differences, but not for price changes, were $347.5 billion, an increase of 1.4 percent (±0.5%) from the previous month, but 1.7 percent (±0.5%) below October 2008. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">That doesn't sound so awful, but...</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">The August to September 2009 percent change was revised from -1.5 percent (±0.5%) to -2.3 percent (±0.3%). </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Oops.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">building material and garden equipment and supplies dealers were down 15.0 percent (±1.8%) from last year. </p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Uh, I thought that construction had turned the corner?&#160; Uhhhhhh...</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">The internals are interesting.&#160; Cars rebounded from the cratering that occurred in September (expected), while there was a material weakness in Electronics (also expected; back-to-school is now over.)&#160; But building materials dropping significantly is a yellow-light warning on the claims that construction and housing have turned.&#160; Really?&#160; Hmmmm..... yes, I know, seasonality - but remember, permits/starts were claimed to be up.&#160; Where's the material coming from?</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Food purchases were up, which leads one to question whether the so-called "inflation" numbers are real or not (grocery demand is typically stable - so dollar amount typically translates quite cleanly through to inflation in food prices.)&#160; </p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Ex-autos the gains were about half of what was anticipated.&#160; My read on the report is that it isn't a disaster, but the year/over/year comparisons are quite weak - more so than I expected, given that October of last year was well into the "shock collapse" period.</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">The Empire Index came in significantly under expectations, down to 23.5.&#160; Forward expectations, however, remain buoyant.&#160; We'll see.&#160; One troubling sign is that both prices paid and received are expected to move strongly higher - is that a whiff of "inflation expectations" I smell?</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1624-Who-Bought-This-Crap.html" rel="alternate" title="Who Bought This Crap?" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-15T15:59:48Z</published>
        <updated>2009-11-15T16:12:19Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1624</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/15-Bonds" label="Bonds" term="Bonds" />
    
        <id>http://market-ticker.org/archives/1624-guid.html</id>
        <title type="html">Who Bought This Crap?</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
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                <p><a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=a_NUiTt__oI4&amp;pos=4" target="_blank">You have to wonder....</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Nov. 12 (Bloomberg) -- Goldman Sachs Group Inc. paid off at face value some junior-ranking slices of two collateralized debt obligations at the potential expense of more-senior classes that now are likely to default, according to Fitch Ratings. </p>
<p>Goldman Sachs, the most-profitable securities firm, applied its “sole discretion” to ignore standard payment priority and use cash in reserve accounts for the Abacus 2006-13 and Abacus 2006-17 CDOs to retire lower-ranked notes, Fitch said yesterday in separate statements. </p>
<p>....</p>
<p>“We are not aware of <strong>the use of this feature</strong> in other transactions we rate,” Trebach said in a telephone interview. </p></blockquote>
<p dir="ltr">Let me guess - the inclusion of such a feature didn't factor into the ratings originally issued either, right?&#160; Yet this "feature" is, apparently, quite common?</p>
<p dir="ltr">From what I can discern from the article Goldman had every right to do this - even if it was due to their owning the paid-off pieces (thereby receiving full "par" value where other people would get screwed.)</p>
<p dir="ltr">The better question here is why anyone would ever buy something that includes a "feature" that allows the manager to exercise their discretion to screw more-senior holders <strong>at any time they wish</strong>.</p>
<p dir="ltr">Who, if I may ask, is dumb enough to buy trash like this?</p>
<p dir="ltr">Well, obviously there are some "someones", as it appears that this trash&#160;was sold and&#160;traded, and now Fitch has blown down the ratings of these un-redeemed tranches to "CCC", well below investment grade.</p>
<p dir="ltr">Some of the debt was originally rated "AAA".</p>
<p dir="ltr">One wonders how, given the presence of this "discretionary" clause in the original deal, since the premise of said "AAA" rating is the presence of excess coverage for the senior tranches provided by the subordinated components!&#160; <strong>If the manager has full discretion to remove that coverage at any time (as occurred in this case) then the original "AAA" rating, which envisions performance to maturity,&#160;was severely flawed at best.</strong></p>
<p dir="ltr"><strong>Put bluntly, the so-called "credit enhancement" propounded to be present in the deal was fictitious and any "rating" predicated on same was false.</strong></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1623-To-The-Barkers-Answer-This-Question.html" rel="alternate" title="To The Barkers: Answer This Question" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-15T05:01:00Z</published>
        <updated>2009-11-15T05:44:17Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1623</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1623-guid.html</id>
        <title type="html">To The Barkers: Answer This Question</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>"The recession ended in June": Dennis Kneale</p>
<p>"The recession was definitely over in September": Any one of a number of people.</p>
<p>Ok.&#160; Let's say that I accept all this at face value, even though while driving through my definitely-beach-oriented local town here this afternoon I noted even more closed-and-gone storefronts than there were a couple of weeks ago, and last night at the local open-air mall, although the evening was absolutely gorgeous, you could have fired a 155mm Howitzer down the "main drag" without killing anyone - because there was almost nobody there, and literally not one shopping bag was in evidence.</p>
<p>I simply have to ask the pundits and the carnival barkers, of which CNBC is the worst (but certainly not the only sinner) the following - why do we need any of these programs <strong>if in fact the economy is growing again</strong>:</p>
<ul><li>Zero interest rates from The Fed.&#160; Isn't 2%, 3%, 4%, 5%&#160;more consistent with economic growth?&#160; If indeed the economy is expanding, why do we need "funny money"?<br /><br />
</li><li>$8,000 home-buyer tax credits.&#160; And not just first-time credits either - those were recently <strong>expanded</strong>, and the NAR has said quite clearly that "but for this program housing would <strong>collapse</strong>."&#160; Is this consistent with an economic recovery?<br /><br />
</li><li>FHA underwriting mortgages at 3.5%, their default rate is going parabolic, their reserves are down to well under half of the mandatory minimum and there is no evidence in sight that their performance metrics are improving.&#160; With the aforementioned $8,000 "credit" and the FHA's willingness to monetize it, you can once again buy a home with "zero down", just as we did in the bubble.&#160; Is this consistent with an economic - and housing market - recovery?<br /><br />
</li><li>The dollar carry trade.&#160; It's obvious and starting in June of this year the correlation between the dollar's move and the S&amp;P 500 became nearly 100% on an inverse basis.&#160; Consumer confidence numbers were <strong>far</strong> below expectations Friday, yet as soon as that hit the dollar, the market <strong>rose</strong> - into <strong>worsening</strong> economic data.&#160; Again, is this consistent with an economic recovery?<br /><br />
</li><li>"Cash for clunkers" - and oh, by the way, what happened to auto sales when it ended?&#160; Is the near-vertical drop-off in GM's sales as soon as the program ended consistent with an economic recovery?&#160; Is a claimed 10m expected 2010&#160;units consistent with economic recovery when in 2005 and 2006 the industry sold nearly 17 and 16 million vehicles, respectively?<br /><br />
</li><li>29.9% interest rates on credit cards via "jack-up" letters and other outrageous actions.&#160; Again, is this sort of gouging consistent with economic recovery?<br /><br />
</li><li>Declining consumer credit demand.&#160; I've published the graph before and will reproduce it below.&#160; Is this consistent with economic recovery?<br /><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/credit.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/credit.serendipityThumb.png" width="400" height="285" /></a><br /></li></ul>
<p>The Carnies and other Barkers have their desire to make you think things are just peachy.&#160; Then again, so did Japan after their debt-fueled property crash.&#160; The Nikkei surged on the back of the carry trade, just as has&#160;the S&amp;P 500.</p>
<p>But a huge part - perhaps even the ultimate cause of the meltdown that took our stock indices down some 60% from their highs from October 2007 to the spring of 2009 -&#160;was&#160;the unwinding of that very same Yen carry trade.</p>
<p>The dollar-based carry trade, when (not if) it unwinds, will do even more damage than the Yen-based carry did.&#160; And unwind it will.</p>
<p>Remember that everyone was certain that the Yen would not unwind, because Japan was not going to raise rates "any time soon."&#160; They in fact didn't raise rates but it didn't matter - as soon as the first person yelled "FIRE!" the entire game came apart, as the unwind was self-reinforcing and margin calls&#160;produced yet&#160;more margin calls.</p>
<p>PIMCO has talked about "sugar highs" boosting the stock market.&#160; The problem with sugar highs is that they wear off, and worse, they're full of calories and thus make you fat, destroying your ability to be mean and lean - to run and change direction quickly - later on.</p>
<p>Consumers are having none of it.&#160; Confidence came in <strong>dramatically</strong> below expectations, and the reason is simple: there are no good-paying jobs unless your idea of "employment" is playing games with other people's money by being an "investment banker."&#160; Call centers are all over in India, manufacturing is all over in China, we've got Starbucks coffee-servers, McDonalds' burger flippers and WalMart "greeters" - all jobs that pay 1/4 what the old manufacturing jobs did.</p>
<p>The funny thing about all of this is that one of the chief barkers Tweeted me yesterday to ask if I was "still selin (sic) doom."</p>
<p>First and foremost, I don't sell anything.&#160; I don't run other people's money, and <em>The Ticker</em> is free.&#160; Unlike the barkers and their crowds, I don't depend on the advertising dollars of stockbrokers (just watch CNBC for an hour and catalog who butters their bread!) to survive.</p>
<p>Second, as I have repeatedly noted, I was an unabashed Bull from 2003-2007.&#160; Why?&#160; Because the economic numbers were there to back the advance.&#160; Oh sure, it was a liquidity-driven move, but the fact remains that 2000-2001 wasn't even a recession from a consumer point of view - there was no over-levered consumer problem, there was no issue with debt defaults in housing or credit cards, and consumer credit y/o/y <strong>never went below zero on a rate-of-change basis.</strong>&#160;Indeed, even <strong>approaching</strong> zero has only happened during severe recessions, as the following chart shows:</p>
<p><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/ccredit.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/ccredit.serendipityThumb.png" width="400" height="313" /></a></p>
<p>There was reason to be bullish coming out of the 2001 time frame.&#160; The Federal Reserve programs <strong>worked</strong> - they spurred economic activity - real economic activity by real people - as is evidenced by the above graph.&#160; Consumer credit consumption spiked higher, then leveled off at the 5% growth run rate - exactly as intended by The Fed.</p>
<p>While the policies put in place sowed the seeds of our current disaster <strong>in the short term</strong> they were effective.&#160; But those same policies - zero interest rates (nearly so in 2001, truly so today) have failed to send consumer credit consumption - and true economic activity - higher.</p>
<p>Why not?&#160; Because in previous recessions we had a buffer between the carrying capacity of debt and the total amount outstanding in the consumer and business world.&#160; This is evidenced by the fact that these previous busts were inventory-led, not credit led.&#160; That is, they were a matter of oversupply in the market (e.g. the Nasdaq bubble, etc), not excessive leverage - that is, too much debt for the income available to service it.</p>
<p>In 2007 the latter situation asserted itself.&#160; That made the tonic prescribed by Bernanke and pals ineffective.&#160; They tried it anyway, and they continue to do so - even though there is no evidence that it has - or can - work.</p>
<p>The M1 "Money Multiplier", after appearing to stabilize just below 1.0, has resumed it's plunge.&#160; The tonic that was allegedly going to restore credit creation in the economy - the raw printing of money via "Quantitative Easing" - has done no such thing:</p>
<p><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/MULT_Max_630_378.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/MULT_Max_630_378.serendipityThumb.png" width="400" height="240" /></a></p>
<p>China has woken up to the danger of the US Dollar Carry, <a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aTQOjxN0UtLw&amp;pos=3" target="_blank">as evidenced here</a>:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>“The continuous depreciation in the dollar, and the U.S. government’s indication, that in order to resume growth and maintain public confidence, it basically won’t raise interest rates for the coming 12 to 18 months, has led to massive dollar arbitrage speculation,” he told reporters in Beijing today at the International Finance Forum. </p>
<p>Liu said this has “seriously affected global asset prices, fuelled speculation in stock and property markets, and created new, real and insurmountable risks to the recovery of the global economy, especially emerging-market economies.” </p>
<p>His view echoes that of Donald Tsang, the chief executive of Hong Kong, who said the Federal Reserve’s policy of keeping interest rates near zero is fueling a wave of speculative capital that may cause the next global crisis. </p>
<p>“I’m scared and leaders should look out,” Tsang said in Singapore Nov. 13. “America is doing exactly what Japan did last time,” he said, adding that Japan’s zero interest rate policy contributed to the 1997 Asian financial crisis and U.S. mortgage meltdown. </p></blockquote>
<p dir="ltr">Yep.&#160; It did not work in Japan and it won't work here.&#160; You cannot fix a drunk with a case of whiskey, and you cannot solve a credit-led problem with more credit - that is, more debt.</p>
<p>You can't replace consumer activity with government borrowing for very long.&#160; You can try in the short term but it won't work in the intermediate and longer term.&#160;More proof is found in our trade balance, which despite massive dollar devaluation is now at the worst since January, while the dollar has plummeted.&#160; Dollar devaluation was supposed to <strong>improve</strong> our balance of trade.&#160; It failed to do so, just as the printing of money has not spurred credit creation and capital formation as we were told it would.</p>
<p>It would be nice if&#160;the policy prescriptions followed thus far could work, but in a saturated debt market they cannot.</p>
<p>All modern monetary systems are credit-based.</p>
<p>This is about mathematics, not "feelings" or "beliefs."</p>
<p>All we have now is the carnival barkers claiming that "prosperity is returning!" even while storefronts are darkening and debt is defaulting.</p>
<p>It hasn't worked this time, and the policymakers know it, just as they&#160;knew it&#160;in 1930.&#160; </p>
<p>But policymakers didn't stop lying in the 1930s and it appears they're not going to now.</p>
<p>If&#160;any of the policymakers&#160;believed what they were selling neither the $8,000 homebuyers "tax credit" or the zero percent Fed Funds rate would still be in place.</p>
<p>More than two years into this mess&#160;with myself and a few others warning that the policy path elected was both futile and destructive, we are <strong>finally</strong> seeing foreign governments wake up as they realize that Japan's ZIRP was bad, leading&#160;to&#160;two bubbles and then&#160;crashes in the global&#160;equity markets and one in&#160;property markets that served up enormous pain.&#160; </p>
<p>If we don't stop&#160;with our boozing on "free&#160;money" for the banksters (which is NOT&#160;filtering to the common man!)&#160;the resulting crash will have&#160;consequences for our nation&#160;and indeed the world akin to liver failure rather than a hangover.</p>
<p>Bernanke and the United States Government must stop their madness, and do so today.&#160; We have done nothing but made the pain and "creative destruction" that <strong>must come</strong> worse than it would have been in 2007, and far worse than it would have been in 2000.</p>
<p>Those who made the bad loans <strong>cannot</strong> be protected from their foibles and the just consequences of their bad decisions.&#160; We <strong>must</strong> ring-fence the Federal Government, withdraw the excess liquidity, and force rates high enough to kill the dollar carry - even if it hurts.</p>
<p>It is better to lose a limb&#160;than your life.&#160;</p>
<p>In economic terms that's the choice folks; the gangrene is spreading and if we do not amputate it will reach our torso.&#160;</p>
<p>If it does our economic and quite possibly our political system will die.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1622-Solution-ONE-DOLLAR-OF-CAPITAL.html" rel="alternate" title="Solution: ONE DOLLAR OF CAPITAL" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-13T17:27:00Z</published>
        <updated>2009-11-13T17:16:09Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1622</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/6-Banking-System" label="Banking System" term="Banking System" />
    
        <id>http://market-ticker.org/archives/1622-guid.html</id>
        <title type="html">Solution: ONE DOLLAR OF CAPITAL</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/11/12/AR2009111209924.html" target="_blank">It never, ever ends, does it?</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Our company, <font color="#0c4790">J.P. Morgan Chase</font>, employs more than 220,000 people, serves well over 100 million customers, lends hundreds of millions of dollars each day and has operations in nearly 100 countries. And if some unforeseen circumstance should put this firm at risk of collapse, I believe we should be allowed to fail. As Treasury Secretary Timothy Geithner recently <font color="#0c4790">put it</font>, "No financial system can operate efficiently if financial institutions and investors assume that government will protect them from the consequences of failure." The term "too big to fail" must be excised from our vocabulary. </p>
<p>But ending the era of "too big to fail" does not mean that we must somehow cap the size of financial-services firms. Scale can create value for shareholders; for consumers, who are beneficiaries of better products, delivered more quickly and at less cost; for the businesses that are our customers; and for the economy as a whole. Artificially limiting the size of an institution, regardless of the business implications, does not make sense. The goal should be a regulatory system that allows financial institutions to meet the needs of individual and institutional customers while ensuring that even the biggest bank can be allowed to fail in a way that does not put taxpayers or the broader economy at risk. </p></blockquote>
<p dir="ltr">The solution is very simple, but you will notice that Jamie doesn't bring it up.&#160; That's because he finds it unacceptable.</p>
<p dir="ltr">What's that solution?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><strong>Prohibit as a matter of Federal Law, and enforce it vigorously under pain of immediately dissolution, THE LENDING OF MONEY UNSECURED THAT EXCEEDS THE FIRM'S CAPITAL.</strong></p></blockquote>
<p dir="ltr">This is in fact the <strong>only</strong> way you can <strong>both</strong> end "too big to fail" and <strong>not</strong> constrain size or influence.</p>
<p dir="ltr">It is also the definition of <strong>sound lending.</strong></p>
<p dir="ltr">It is also how lending was done <strong>prior to the banksters corrupting the government and literally usurping the sovereign credit of The United States.</strong></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">As we have seen clearly over the last several years, financial institutions, including those not considered "too big," can pose serious risks for our markets because of their interconnectivity. A cap on the size of an institution will not prevent that risk. Properly structured resolution authority, however, can help halt the spread of one company's failure to another and to the broader economy. </p></blockquote>
<p dir="ltr">A requirement that you hold one dollar of actual capital for each dollar of unsecured obligation you have, marked to market nightly, <strong>absolutely prevents this risk</strong>.</p>
<p dir="ltr">That actual excess capital can be lost <strong>but there can be no systemic bleed-through as your capital then backs your bets in each and every instance.</strong></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">While the strategy of artificial limits may sound simple, it would undermine the goals of economic stability, job creation and consumer service that lawmakers are trying to promote. Let's be clear: Banks should not be big for the sake of being big. Moreover, regardless of a company's size, it must be well managed. As we've seen in many industries, companies that grow for the sake of growth or that expand into areas outside their core business strategy often stumble. On the other hand, companies that build scale for the benefit of their customers and shareholders more often succeed over time. </p></blockquote>
<p dir="ltr">Then prove it by putting your own capital at risk in each and every unsecured lending transaction.&#160; For each loan you write where the collateral is worth less than the outstanding amount of the loan, at any point in time, hold one dollar of your own capital as security against that loan's default and the bleed-through effects on the economy.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">And it's not just multinational corporations that rely on such a large scale. J.P. Morgan Chase and others supply capital to states and municipalities as well as to firms of all sizes. Smaller banks play a vital role in our nation's economy, too -- but a fragmented banking system cannot always provide the level of service, breadth of products and speed of execution that clients often need. Capping the size of American banks won't eliminate the needs of big businesses; it will force them to turn to foreign banks that won't face the same restrictions. </p></blockquote>
<p dir="ltr">Yes, and JP Morgan/Chase <a href="http://market-ticker.org/archives/1578-JP-Morgan-And-Alabama-Swaps.html" target="_blank">will allegedly bribe states and municipalities</a> (aka Jefferson County Alabama) to "obtain" that business and earn a 400% profit beyond the market rate too.&#160; Yes, I know, you didn't admit guilt in the "settlement", but you <strong>did</strong> pay $75 million and forfeit another half-billion+ in termination fees.&#160; Is it "usual and customary" for your company&#160;to pay nearly three quarters of a billion dollars in forfeits and fines when you did nothing wrong?&#160; Our states and municipalities would be far better off <strong>without</strong> your firm's "services."</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Global economic growth requires the services of big financial firms. It also requires that big financial firms be allowed to fail. </p></blockquote>
<p dir="ltr"><strong>ONE DOLLAR OF CAPITAL FOR EACH DOLLAR OF UNSECURED LENDING, MARKED TO MARKET NIGHTLY.</strong></p>
<p dir="ltr">A one-sentence Bill that, were it to become law, would instantly end "too big to fail" and yet let you grow as large as you'd like - provided you are gambling with your own money and not the sovereign credit of The United States.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1621-We-Dont-Need-Any-Steenking-Consumers.html" rel="alternate" title="We Don't Need Any Steenking Consumers" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-13T16:07:00Z</published>
        <updated>2009-11-13T16:35:33Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1621</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/20-Market-Musings" label="Market Musings" term="Market Musings" />
    
        <id>http://market-ticker.org/archives/1621-guid.html</id>
        <title type="html">We Don't Need Any Steenking Consumers</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>All we need is for The Fed to encourage and promote the dollar carry trade, and we can pump the stock market to the moon - <strong>even though unemployment continues to skyrocket and consumer confidence, a leading indicator of consumer spending and activity, was in the tank this morning.</strong></p>
<p><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/dx-carry-again.png" width="422" height="282" /></p>
<p>You need no further proof that the stock market has <strong>exactly nothing</strong> to do with the consumer or the broader economy - that it has become nothing more or less than a raw casino that responds to one and only one thing - the Federal Reserve and Federal Government's encouragement of intentional dollar debasement - than this chart, especially today.</p>
<p>Less than 10 minutes after disastrous consumer confidence numbers were released the dollar basically imploded (as you'd expect - the dollar is fundamentally underpinned by the government's ability to tax, and without confidence and jobs that ability to tax disappears) <strong>and as it did the S&amp;P 500 marched steadily higher by 1%, propelled by the simultaneous implosion of the currency.</strong></p>
<p>Folks, this will not end well.&#160; This <strong>intentional</strong> distortion of asset prices against the underlying economic fundamentals will revert, and when it does the stock&#160;and credit markets (which have been "pumped" by equity appreciation) will be destroyed.</p>
<p>We learned <strong>exactly nothing</strong> from Japan doing the same thing and getting the same result.&#160; We have <strong>exactly nobody</strong> in Congress or The Administration that will put a stop to it, but you can be certain that it <strong>will</strong> end, whether by our foreign creditors saying "screw you!" or by the simple over-inflation of the balloon which will explode - just as did the housing bubble, just as is the commercial real estate bubble, just as did the leveraged loan bubble, and just as did the consumer debt bubble.</p>
<p>The difference is that when (not if) it happens this time the risk is to our government and indeed our representative form of government, not to handful of banksters on Wall Street.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1620-Reality-.vs.-Spin-Confidence-And-Trade.html" rel="alternate" title="Reality .vs. Spin - Confidence And Trade" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-13T14:56:00Z</published>
        <updated>2009-11-13T14:51:18Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1620</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/4-Macro-Economics" label="Macro Economics" term="Macro Economics" />
    
        <id>http://market-ticker.org/archives/1620-guid.html</id>
        <title type="html">Reality .vs. Spin - Confidence And Trade</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aN1mKmvVAZp4&amp;pos=1" target="_blank">The spinmeisters were out this morning on the trade data:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>The gap grew a larger-than-anticipated 18 percent to $36.5 billion, the highest level since January, from a revised $30.8 billion in August, the Commerce Department said today in Washington. Imports surged by the most in 16 years, swamping a gain in exports. </p></blockquote>
<p dir="ltr">This is being cited as "evidence" that the consumer has turned the corner - that consumption is increasing, and the economy recovering.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">“Sometimes what looks bad on the surface is actually quite good and I think that’s the case this time around,” said Sal Guatieri, a senior economist at BMO Capital Markets in Toronto. “Exports are growing strongly and imports are turning up because domestic spending has turned the corner.” </p></blockquote>
<p dir="ltr">Ok, if that's true, where are the clear and obvious increases in sales tax receipts?</p>
<p dir="ltr">That data is near-real-time, it is not gamed, and it automatically (mostly) excludes food, since food sales are not taxed in most jurisdictions.</p>
<p dir="ltr">It thus correlates very well with discretionary consumer spending on goods - you know, the things that are imported?</p>
<p dir="ltr">Sal Guatieri hasn't bothered to look at those numbers, because they don't support his thesis.&#160; Yet sales tax receipts aren't just "support" for a thesis, <strong>they are in fact the final word on it</strong>, as they're not subject to government game-playing or "adjustments."</p>
<p dir="ltr">Consumer confidence came in at 66 even, <strong>much lower than expected</strong>.&#160; Big surprise?&#160; How?&#160; Were you freaking <strong>blind</strong> with the 10.2% unemployment number, and expected that consumers wouldn't be impacted by that?</p>
<p dir="ltr"><em>Told 'ya so.</em></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1619-Wall-Streets-Armageddon-Chimera.html" rel="alternate" title="Wall Street's Armageddon Chimera" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-13T13:44:00Z</published>
        <updated>2009-11-13T14:16:25Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1619</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1619-guid.html</id>
        <title type="html">Wall Street's Armageddon Chimera</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><font style="BACKGROUND-COLOR: #faffff">For how long will The American People tolerate the "<a href="http://thehill.com/homenews/news/67567-wall-street-leaders-to-lobby-ny-delegation" target="_blank">do what I want or we will detonate the world</a>" claims from "Big Business"?</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p><font style="BACKGROUND-COLOR: #faffff">“If the U.S. dismantles our leading institutions, then it will destroy the American financial center, which is largely anchored in New York,” said Kathryn Wylde, president and CEO of the New York partnership. “It’s just frightening.”</font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Arrest that woman and charge her with extortion and terroristic threats made against The United States.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Then ask who would like to be next.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">I'm tired of this crap.&#160; All of America is tired of this crap.&#160; The claim is:</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">“We're trying to rally the New York congressional delegation on an issue that again goes beyond regulation and starts making judgments about business plans that we don’t think are good for the New York economy,” said Wylde</font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Good for the New York economy eh?&#160; Let me guess: bank robbers&#160;argue that it's good for the economy when they show up at <em>Tiffany's</em> with their loot? </font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">That may be true, but it is only true while the robberies are continuing.&#160; When the bank robber runs out of banks to rob, or gets caught, if <em>Tiffany's</em> and their pals are&#160;depending on the revenue from those robbers <em>they are all finished as going concerns.</em></font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">“We will be active on Capitol Hill, pointing out the unique and important value large financial firms contribute to economic growth and job creation in the United States,” Rob Nichols, president of the forum, told The Hill this week.</font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">The only thing "large financial firms" have contributed to over the last 20 years in The United States is the asset stripping of America and the taking of risk with <em>other people's money</em>, most specifically the taxpayer's.</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff"></font><font style="BACKGROUND-COLOR: #faffff">Wylde’s group sent a letter to New York congressional lawmakers this week noting that financial, insurance and real estate business account for roughly 32 percent of New York’s overall economy.</font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">I'm sure John Dillinger made the same argument during his time of playing "spin the dial", but that doesn't mean a damn thing.&#160; Of course if I steal money from people and spend the proceeds of my outrageous behavior around a given local economy that part of the economy that I spend it in will prosper.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">The people I rob, on the other hand, are most likely to have a slightly different opinion regarding the wisdom - and sustainability - of my activity.&#160; If the law refuses to put a stop to the blatant ripoffs, some of them might even resort to taking the law into their own hands and, where they can't manage to accomplish "redistribution", settle for vigilante justice.</font></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff"></font><font style="BACKGROUND-COLOR: #faffff">“We will be active on Capitol Hill, pointing out the unique and important value large financial firms contribute to economic growth and job creation in the United States,” Rob Nichols, president of the forum, told The Hill this week.</font></p></blockquote>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Debt expansion&#160;is not economic growth, and the job creation from debt expansion&#160;is fleeting, to be followed by lots of job <strong>loss&#160;</strong>that inevitably&#160;results from the carrying costs of that debt.&#160; Said job loss is permanent, while the "gains" are both local to New York and temporary.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff"></font><font style="BACKGROUND-COLOR: #faffff">The problem comes back to the graph I have repeatedly posted here:</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Charts2009-09/DebtSpread.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Charts2009-09/DebtSpread.serendipityThumb.png" width="400" height="367" /></a></font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Wall Street makes its loot by expanding that spread.&#160; But expanding that spread is both unsustainable (thus leading to busts) <strong>and</strong> asset-strips the rest of America.&#160; To the extent that the government permits this to occur and then bails out Wall Street <strong>it shifts the risk of the bust to itself, instead of&#160;forcing those who did the mathematically impossible to eat their own cooking and choke on it.</strong></font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">I have no problem with people taking risk.&#160; I have no problem with "financial innovation."&#160; I have a major problem with gambling with the taxpayer's money, I have a major problem with shifting the risk of failure to the taxpayer's balance sheet, exposing the government to failure (instead of some fat cat Wall Street firms) <strong>and I absolutely refuse to accept the lies, scams and fraud that are</strong> <strong>inherently necessary for any of these expansions of the spread between growth and debt to take place.</strong></font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">The market, left to its own devices, absolutely prohibits the sort of "excess profits" that Wall Street has "earned" over the last couple of decades.&#160; Risk-adjusted returns <strong>cannot</strong> exceed economic growth over time.&#160; It is mathematically impossible.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">This applies literally everywhere when one looks at the longer term.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Home prices cannot go up faster than incomes.&#160; Profits cannot increase faster than revenues.&#160; The risk-adjusted return on a given loan or basket of loans can never increase beyond the point of origination, as nobody works for free and spread between borrowing and lending costs is set at the time the note is negotiated.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">These are mathematical facts, not suppositions.&#160; </font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Oh sure, there are times when profit growth&#160;exceeds revenue growth - when large productivity gains are made, for example.&#160; But the incessant demand to continue to do that which is mathematically impossible has driven millions of jobs overseas to India, such as Capital One's "call center" for their credit cards, as the mathematical reality has collided with the demands of Wall Street.&#160; <strong>The continuation of the demanded "growth" then turns into a wealth-stripping game as the company, in an attempt to force continuation of the impossible, offshores its employees, firing those employees&#160;in the United States.</strong></font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Likewise with "home price appreciation."&#160; Remember the famous Lereah Books:</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/lereahbooks20.jpg" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/lereahbooks20.serendipityThumb.jpg" width="400" height="331" /></a></font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">The claims made by "pundits" and "experts' such as Mr. Lereah were mathematically impossible.&#160; But they were sold as "good for America" and when mathematical reality intruded the housing and lending industry responded with <strong>scams and frauds</strong> to keep the game going!&#160; OptionARMs and Liar Loans became the means by which the game could be kept alive for a little while - but that "keep alive" had catastrophic consequences for America as a whole, as it turned into a raw asset-stripping exercise for the benefit of the banksters on Wall Street.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">We refuse to recognize this when it comes to housing&#160;<strong>even today</strong>, and have now shifted this garbage game into the FHA, which yesterday reported that its fund is now levered <strong>at more than 100:1</strong>, which is the exact same BS game that Fannie and Freddie tried to pull.&#160; Yet all three are now seeing ridiculous levels of default as mathematics catches up with the BS artists.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Rip-offs, scams and frauds are against the law.&#160; Most of them are felonies, and with good reason.&#160; We need no new laws - it is and always has been against the law to rob people, irrespective of how you accomplish the robbery.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">Yet we refuse to treat those who make terroristic threats ("let us strip off the assets of ordinary Americans or we will detonate the world!") as identical to the guy in a ski mask that sticks a gun under a teller's nose.</font></p>
<p dir="ltr"><font style="BACKGROUND-COLOR: #faffff">But the essence of what someone does is not found in whether they wear a ski mask or a $5,000 pinstriped suit.&#160; <strong>It is in their actions</strong>; if you extract money by force, whether that force is presented with a gun or by threatening to blow up the economy unless you get what you want, <strong>the fact remains that the foundation of that act is the threat of&#160;lawless action should you not get what you demand.</strong></font><font style="BACKGROUND-COLOR: #faffff"><br /></p></font> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1618-President-Obamas-Asian-Problem.html" rel="alternate" title="President Obama's Asian Problem" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-12T20:38:00Z</published>
        <updated>2009-11-12T19:35:49Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1618</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1618-guid.html</id>
        <title type="html">President Obama's Asian Problem</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://bloomberg.com/apps/news?pid=20601039&amp;sid=a1S_5nNfZ9WM" target="_blank">William Pesek opines:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Barack Obama sure has lots to discuss on his maiden voyage to Asia as U.S. president. Yet all this is just conversation compared with the real issue on Asia’s mind: a wobbly dollar that’s putting the region’s money at risk. </p>
<p>Think of this trip as a visit to America’s banker, and an unpleasant one. Asia wants assurances that the U.S. can repay its fast-mounting debt and prevent a dollar crash. <strong>The reality dawning on Asia is that Obama can’t offer them such a pledge -- not with U.S. borrowing so out of control. </strong></p></blockquote>
<p dir="ltr">Unfortunately this sort of misdiagnosis is common - that The US is borrowing in an "out of control" fashion on its own initiative.</p>
<p dir="ltr">Nope.</p>
<p dir="ltr">America could not dream of borrowing $2 trillion a year in new commitment, and meeting the debt service on $14 trillion (current + next year's deficit), if interest rates were at 10%.</p>
<p dir="ltr">This simple fact puts the lie to any claim that we have an "independent central bank."&#160; We have no such thing, and as a consequence all the whining and crying about "Audit The Fed" bills is not just misplaced - it is an outright misdirection and scam.</p>
<p dir="ltr">The Fed has never truly been independent, save once - under Paul Volcker.&#160; Never before or since has The Fed acted without due regard - on its knees if you will - before Congress and The Administration.</p>
<p dir="ltr">Volcker did it because despite the heat he knew he would take (and he did) it was necessary.&#160; This is where the much-vaunted "independence" claim has arisen from.</p>
<p dir="ltr">But that was one man, not a structure.</p>
<p dir="ltr">It was one person with conviction and willpower, not the pantywaists that now infest The Fed.</p>
<p dir="ltr">I have often opined that the issue is not now and never has been a gold standard or lack thereof.&#160; Hard money monetary systems have been subject to the same "boom and bust" nonsense that we have experienced since the 1970s, and in fact, they were just as common and often more damaging.&#160; 1873, for example.&#160; Or Tulip Mania.&#160; South Seas bubble?&#160; Asian Tiger?</p>
<p dir="ltr">The problem is always the same - what I call <em>"The Wimpy Syndrome"</em>.&#160; Left to their own devices, politicians, when confronted by a desire to spend money they don't have, will <strong>always</strong> resort to eating the hamburger today and trying to pay next Tuesday.</p>
<p dir="ltr">The theory behind an "independent" central bank is that it is supposed to be immune to <em>The Wimpy Syndrome</em>, in that it can control borrowing costs through liquidity actions.</p>
<p dir="ltr">That's a mighty big knob they got....</p>
<p dir="ltr">No, not the monetary policy one.&#160; The other one - attached to Dodd, Frank, Obama, Ways and Means, Pelosi (well ok, not Pelosi)&#160;and Reid.</p>
<p dir="ltr">Since Volcker's time at The Fed the executive and legislative branches have willingly turned a blind eye to the scam machine known as "Wall Street."&#160; Oh sure, Wall Street has legitimate functions - capital formation is important, as is floating bond sales.&#160; No problems&#160;there.&#160; The issue comes about when the 50 basis points is no longer enough and greed starts to press people to look for 55, then 60, then 100 - and the only way to do it is to lie, cheat and steal.&#160; The campaign coffers fill up and the byzantine world of Federal Law and Regulation come out to protect the cheaters, even if only by obfuscation.</p>
<p dir="ltr">Likewise when the politicians want to spend more money.&#160; Normally you'd have to tax more to spend more, but that's not politically acceptable.&#160; So we float some more bonds, claim everything is ok, and off we go spending money we don't have. "<a href="http://www.ontheissues.org/2004/Dick_Cheney_Budget_+_Economy.htm" target="_blank">Deficits don't matter</a>" becomes the mantra, and despite the fact that many Democrats bemoaned Dick Cheney mouthing those words, President Obama and Pelosi's House have done nothing to change that viewpoint.&#160; Instead they have accelerated the unsupportable spending - full throttle.</p>
<p dir="ltr">What is <strong>supposed</strong> to happen to scammers is that when they get caught they go to pound-you-in-the-butt Federal Prison (not the "Club Fed" golf outing style) and the companies they run lose their corporate charter, as (effectively) did Arthur Andersen.&#160; </p>
<p dir="ltr">What is <strong>supposed</strong> to happen to the government when it tries to spend more than it makes is that the "Bond Market Vigilantes" show up.&#160; That is, to fund ever-rising debt the bond market will ordinary demand more and more coupon (interest), thereby serving as a brake on unsustainable government spending trends.</p>
<p dir="ltr">This presumes The Fed doesn't interfere in the latter, and the crooks don't manage to find the means (legal or not) to get The Federal Government to ignore their scams.</p>
<p dir="ltr"><em>That's a very nice fantasy you&#160;see there Mr. Magoo.</em></p>
<p dir="ltr">So let's cut the crap.&#160; If the Asians don't like us borrowing so much money <strong>stop lending it to us.</strong>&#160; Cut the crap with the circle-jerk mentality that mercantilist political schemes are in some way compatible with honest and fair dealing.&#160; They're not, any more than the vendors in Shanghai hawking software .et.al. are all selling "fully licensed and legal copies."</p>
<p dir="ltr">This nonsense about the dollar ever having been&#160;"safe" is a bad joke.&#160; Certainly the corrupt politicians in China, Japan and elsewhere are well-aware of the principle of seigniorage - that is, the "value" of money less the cost of printing it.&#160; Why would they believe our political machine wouldn't exploit the very tool they have used themselves?&#160; Such hubris.</p>
<p dir="ltr">At the same time if The Fed and its members are "concerned" about the destruction of the only thing they have to sell (dollar-based credit) then pull the system liquidity down until rates move higher.&#160; A lot higher.&#160; Keep doing it until the crap stops - until Congress either stops spending or the auctions fail and they're <strong>forced</strong> to cut it out and the carry trade is made unprofitable and thus is unwound.</p>
<p dir="ltr">The issue is not now and never was about the economy.&#160; When I ran MCSNet I could have grown the company 10x faster by using leverage - that is, debt - than operating on a cash basis.&#160; I refused, because while I <strong>might</strong> have wound up with 10 times as much money, I might have also wound up with a big smoking hole in the ground where my firm once was.&#160; <strong>Debt is not necessary, other than self-liquidating trade credit, in the operation of a firm, and indefinite geometric growth is not possible in any space of finite resource - like this rock of finite size we all live on.</strong></p>
<p dir="ltr">That doesn't mean there aren't responsible uses of debt.&#160; There are.&#160; But playing <em>Wimpy</em> writ large to the tune of $12 trillion dollars isn't one of them, nor is operating a financial institution at 20, 30 or 40:1 leverage (that is, with just over $2 in capital for every $100 in "assets".)&#160; The latter only makes sense if you have reason to believe that if you blow it (remember, as little as a 3% loss in such a situation wipes you out!) the taxpayers will step in and "save" you.</p>
<p dir="ltr"><strong>That's exactly what they both expected and got for the most part, right?</strong></p>
<p dir="ltr">Economic contraction isn't necessarily bad, nor is deflation.&#160; Both can be, but both squeeze out the bad actors - the scam artists and those who simply promised the impossible - and make them pay through bankrupting them.&#160; That's exactly what is supposed to happen on a somewhat-regular basis, and in fact it is <strong>necessary</strong> to have a sustainable economy - the scammers and imprudent need to be flushed on a regular basis or they crowd out all the legitimate business people (after all, you can <strong>always </strong>make more money stealing!) until only the scammers are left!</p>
<p dir="ltr">Until either Asia or Bernanke grow a pair,&#160;shut their jawboning, lying yaps about "concerns" and <strong>act</strong> we will see no meaningful change - or reform.&#160; </p>
<p dir="ltr">That is, you, the average American, will continue to be asset-stripped, you will see your real standard of living decline, and ultimately, you will be tossed into the street and onto the public dole, until that too collapses under its own weight.</p>
<p dir="ltr">Welcome to reality.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1616-Better-Late-Than-Never......html" rel="alternate" title="Better Late Than Never....." />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-12T14:31:00Z</published>
        <updated>2009-11-12T16:15:28Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1616</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1616-guid.html</id>
        <title type="html">Better Late Than Never.....</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>For two and a half years <em>The Market Ticker</em> has pointed out the foibles of The Fed and other claims of "help" for the economy - when the prescription for "help" is just an extension of the same failed policies that <strong>created </strong>the mess in the first place.</p>
<p>But now we are starting to see this show up in the so-called "mainstream media", with the latest being <a href="http://online.wsj.com/article/SB10001424052748704402404574529510954803156.html" target="_blank">The Wall Street Journal:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>It takes similar reasoning to reconcile the elation felt across America every time the stock market rises—partially replenishing personal investment portfolios and 401(k) retirement plans—with the uneasy feeling that we are being set up for yet another big financial disappointment. We dare to hope that the economy is growing solidly once more, that the Federal Reserve has superior knowledge about providing liquidity, and that the U.S. Treasury knows what it's doing by guaranteeing money market-fund assets.</p>
<p>But what if the Fed's efforts to stoke a recovery are merely creating asset bubbles in equities and elsewhere? What if government guarantees—explicit and implicit—are encouraging high-risk investment behavior rather than restoring conditions for normal market returns? <em><strong>What if excess dollars produced here are being channeled by speculators into foreign stock and bond markets as part of a currency play?</strong></em></p></blockquote>
<p dir="ltr">No, really?&#160; Did you get that from the correlation charts of the dollar and S&amp;P 500?&#160; You know, this one, showing correlation from March onward:</p>
<p dir="ltr"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/carry-year.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/carry-year.serendipityThumb.png" width="400" height="267" /></a></p>
<p dir="ltr">Judy continues to opine:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Deflation is seen as the bugaboo of Keynesian economics. But it can actually serve to spur economic activity as lower prices enable struggling consumers to get back in the game, and enterprising individuals can build businesses using tangible assets that yield valid profits.</p><a name="U10258905735UGG"></a>
<p>But the Fed seems to think that prices should only go in one direction—up—no matter the circumstances. It's this bias toward inflation that is revealed by the FOMC's reference to "stable inflation expectations"—which is less a paean to price stability than an inadvertent oxymoron. </p></blockquote>
<p dir="ltr">What Judy misses (perhaps because she's&#160;unaware of it, or perhaps because she simply doesn't feel comfortable saying it) is that deflation <strong>destroys</strong> over-levered debtors.&#160; It forces them into bankruptcy.</p>
<p dir="ltr">When that happens to the "little people" (that is, you and I) it doesn't matter to the oligarchs and robber barons on both Wall Street and Washington DC.&#160; </p>
<p dir="ltr">But defaults also destroy <strong>lenders</strong> who made imprudent loans.&#160; That's unacceptable as a matter of Washington DC's bought-and-paid-for&#160;policy, which is why we have Treasury Secretaries and the Chairman of The Fed corralling Representatives and Senators in a room and literally threatening them with the collapse of America if they don't fork up $700 billion of taxpayer funds for an open-ended, one-page slush fund that includes&#160;absolute legal&#160;immunity for whatever might be done with it.</p>
<p dir="ltr">If this had ended at $700 billion it would have been bad, but it didn't.&#160; No, The Fed then continued onward to announce the purchase of $1.2 trillion dollars (that's $1,200 billion more!) of debt and securities that, according to Section 14 of <em>The Federal Reserve Act</em>, they are not lawfully allowed to buy.&#160; (Section 13.3, often cited as justification, only allows the <em>making of loans</em> - not the purchase of assets.&#160; All purchase authority rests in Section 14.)</p>
<p dir="ltr">The FDIC then stepped outside of its legal mandate as well, "deciding" to guarantee bond issuance by banks - something that has absolutely nothing to do with depositor insurance.&#160; Why?&#160; Because once again, it is unacceptable&#160;in the Washington DC establishment if those who make bad loans - on purpose - have to eat them.&#160; Only the <strong>borrower</strong> - that is, the "ordinary Joe" - is allowed to have his future destroyed.&#160; The <strong>lender</strong>, who is supposed to also lose his money when he makes a bad decision (thereby providing a strong disincentive to making bad loans) is to be protected by the taxpayer, thereby screwing the borrower twice - first by bankrupting him, then demanding that he bear the cost for the <strong>lender</strong> who made the bad lending decision as well!</p>
<p dir="ltr"><em><strong>Keynesian Economics</strong></em> and it's offshoot ("Chicago" economic theory) is, at its core, a scam.&#160; Not because the <em>idea</em> is invalid, but because it dictates that during times of plenty ("booms") <em>the government must raise taxes and pay down debt - not just "decrease deficits."</em>&#160;&#160;Yet in the post-war era we have <strong>never</strong> managed to run a material surplus, not even during Clinton's years&#160;despite the claims of his boosters&#160;- he, like all other modern administrations, <strong>cheated</strong> by "banking" FICA and Medicare deposits (which are pledged against liabilities in the future!)&#160; The boosters of Keynes refuse to discuss the fact that <em>they're not even following his claimed theories</em>, but rather are playing "black sharpie marker" with the parts they don't like.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Now here's the scary part: Even though more than half of all American households now own equities directly or through mutual funds, an increase in equity prices does not figure into the Fed's calculation of inflation. So while measures of core inflation (which exclude food and energy) carefully register minute gains in the price of a fixed basket of goods and services meant to reflect what a typical family buys to achieve a minimum standard of living, they ignore massive price surges in what has effectively become a widely held consumer good: stocks. </p>
<p>Moreover, the Fed's inflation-targeting approach overlooks price increases for real estate and rising commodity prices. Don't even mention gold, which has gone from $707 to $1,114 since a year ago. </p></blockquote>
<p dir="ltr">Of course not.&#160; </p>
<p dir="ltr">But again, this is by design.&#160; The Fed is intentionally applying the wrong standard for the construction of the monetary base, because if it were to not it would have to recognize the asset price moves that underlay the actual economy in its economic numbers.&#160; This, in turn, would have led housing price increases to have been reflected in monetary aggregates and people would have freaked out starting in about 2004 - instantly derailing the bubble before it could get going.</p>
<p dir="ltr">As I have repeatedly argued if you get the original premise wrong everything else you do from that point forward is also wrong.</p>
<p dir="ltr">The monetary base in a credit-based monetary system is not "M0", "M1"&#160;or "M'" (M-prime.)&#160; <strong>It is the unencumbered assets against which one is both willing and able to borrow.</strong></p>
<p dir="ltr">Further, the definition of sound lending is not predicated on some leverage limit or wildly-distorted view such as Basel-II.&#160; It is in fact very simple: <strong>if one never lends unsecured&#160;beyond one's capital there is never a <u>systemic risk</u> that can arise</strong>.&#160; </p>
<p dir="ltr">Here's the problem with all the games once one gets down to brass tacks: <strong>you cannot screw people indefinitely and expect them to come back for more abuse.</strong>&#160; Oh sure, you can occasionally con people a second time, but since these "big interests" rely on a continued volume of business.....</p>
<p dir="ltr">As just one example, how many municipalities will buy interest-rate derivatives from one of these "big banks" after the disclosure that Jefferson County overpaid by 400% - and a good part of that overpayment went to <strong>bribes</strong>?&#160; Further, it has become clear that the&#160;municipal government didn't understand the risks involved - and one can reasonably presume that was because those risks were intentionally hidden - probably by the bribing parties, the recipients of the bribes, or both.</p>
<p dir="ltr">There are solutions here but it is increasingly obvious that if Government doesn't step in the market will.&#160; All I have to do is look at volume - the percentage that is represented by "high frequency computer trades" has gone sky-high since last fall, <strong>yet volume has been dropping dramatically since March.</strong></p>
<p dir="ltr">When the market degenerates down to a handful of trading houses with high-frequency trading computers passing the same 100 shares back and forth between themselves as the remainder of the market participants have gotten tired of getting reamed on a daily basis due to the cheating and decide to take their ball and go home, how do the "big trading houses" make money?</p>
<p dir="ltr">We're witnessing the destruction of the capital markets as the system is imploding from within as a direct and proximate consequence of willful blindness and outright fraud.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1615-Blatant-Insider-Call-Buying-COMS.html" rel="alternate" title="Blatant Insider Call Buying (COMS)" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-11T21:24:00Z</published>
        <updated>2009-11-11T21:51:48Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1615</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1615-guid.html</id>
        <title type="html">Blatant Insider Call Buying (COMS)</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://finance.yahoo.com/news/HP-to-Acquire-3Com-for-27-bw-3289620959.html?x=0&amp;.v=1" target="_blank">The story:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>PALO ALTO, Calif. &amp; MARLBOROUGH, Mass.--(BUSINESS WIRE)--HP (NYSE: <a class="yltasis" href="http://finance.yahoo.com/q;<u>ylt=AhU75eG4nkg2YzezLrn1h1Xjba9</u>;<u>ylu=X3oDMTB1NmI0MDRpBHBvcwMxBHNlYwNuZXdzQXJ0U3RhcnQEc2xrA2hwcQ--?s=hpq&amp;d=t"><font color="#1a5488">HPQ</font></a> - <a class="yltasis" href="http://finance.yahoo.com/q/h;_ylt=AuJPRuH2VZmwgre0dt6Yudvjba9</u>;<u>ylu=X3oDMTB2MWIxcnJxBHBvcwMyBHNlYwNuZXdzQXJ0U3RhcnQEc2xrA25ld3M-?s=hpq"><font color="#1a5488">News</font></a>) and 3Com Corporation (NASDAQ: <a class="yltasis" href="http://finance.yahoo.com/q;_ylt=Al7KLfz6FsB1E2YHZPa5odPjba9</u>;<u>ylu=X3oDMTB2cWVha2trBHBvcwMzBHNlYwNuZXdzQXJ0U3RhcnQEc2xrA2NvbXM-?s=coms&amp;d=t"><font color="#1a5488">COMS</font></a> - <a class="yltasis" href="http://finance.yahoo.com/q/h;_ylt=AqajLIZpqXTBaxIb1pW5C2Tjba9</u>;_ylu=X3oDMTB2ZnZiMmFoBHBvcwM0BHNlYwNuZXdzQXJ0U3RhcnQEc2xrA25ld3M-?s=coms"><font color="#1a5488">News</font></a>) (“3Com”) today announced that they have entered into a definitive agreement under which HP will purchase 3Com, a leading provider of networking switching, routing and security solutions, at a price of $7.90 per share in cash or an enterprise value of approximately $2.7 billion. The terms of the transaction have been approved by the HP and 3Com boards of directors.</p></blockquote>
<p dir="ltr">And the insider trading activity today:</p>
<p dir="ltr"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/2009-11-11-StockAndOptionQuoteForCOMS.png" target="_blank"></a></p>
<p dir="ltr"><a class="serendipity_image_link" href="http://market-ticker.org/uploads/Nov2009/2009-11-11-StockAndOptionQuoteForCOMS.png" target="_blank"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/2009-11-11-StockAndOptionQuoteForCOMS.serendipityThumb.png" width="399" height="47" /></a></p>
<p dir="ltr">There of course was every reason for nearly 4,000 $5 front-month calls, with nine days remaining, to trade against this issue and an open interest of less than a thousand today.</p>
<p dir="ltr">Those 4,000 calls appear to have recorded (assuming the price rises immediately to close to the deal price) a roughly $2.10 profit each, and since each call is 100 shares, someone made $840,000 due to their "prescient" knowledge that they should buy these $5 calls which, I might add, were more than a half-buck in the money and had nine days left to expiration.</p>
<p dir="ltr">If you believe that's a coincidence I'm Santa Claus.</p>
<p dir="ltr">The scam factory continues unabated....</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1614-Janets-Insight-On-Acquittals.....html" rel="alternate" title="Janet's Insight On Acquittals...." />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-11T20:32:00Z</published>
        <updated>2009-11-11T20:27:49Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1614</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/19-Other-Voices" label="Other Voices" term="Other Voices" />
    
        <id>http://market-ticker.org/archives/1614-guid.html</id>
        <title type="html">Janet's Insight On Acquittals....</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p class="MsoNormal"><font face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt">Ralph Cioffi and Matthew Tannin, former hedge fund managers and co-heads of Bear Stearns Asset Management, were acquitted yesterday (November 10) of all six counts in their fraud trial” U.S. v. Cioffi, 08-CR-00415, U.S. District Court for the Eastern District of New York (Brooklyn).</span></font></p>
<p class="MsoNormal"><font face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt"></span></font></p>
<p style="TEXT-INDENT: 0pt; MARGIN-LEFT: 0pt" class="para"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt"><font size="2" face="verdana,arial,helvetica,sans-serif">You may reprint the following with <strong><span style="FONT-WEIGHT: bold">non exclusive</span></strong> permission provided you include the cover art and the following tag line: “Excerpted with permission from the publisher, John Wiley &amp; Sons, from</font><a href="http://www.amazon.com/Dear-Mr-Buffett-Investor-Learns/dp/047040678X/ref=sr_1_1?ie=UTF8&amp;s=books&amp;qid=1257901021&amp;sr=8-1"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><font color="black"><span style="COLOR: windowtext"> </span></font><em><font color="navy"><span style="FONT-STYLE: italic; COLOR: navy">Dear Mr. Buffett, What an Investor Learns 1,269 Miles from Wall Street</span></font></em><font color="black"><span style="COLOR: windowtext"> </span></font></font></font></a><font face="verdana,arial,helvetica,sans-serif"><font size="2">, by Janet Tavakoli.&#160; © 2009 by Janet Tavakoli.”<em><span style="FONT-STYLE: italic"> </span></em></font></font></span></p>
<p class="para"><font color="black" size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; COLOR: black; FONT-SIZE: 12pt"></span></font></p>
<p style="TEXT-INDENT: 0pt" class="para"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><font color="black"><span style="FONT-FAMILY: Calibri; COLOR: black; FONT-SIZE: 12pt"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; FLOAT: left; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_left" src="http://market-ticker.org/uploads/Nov2009/tavakoli.jpg" width="104" height="155" />I worked at Bear Stearns in the late 1980s and remembered amiable newcomer Ralph Cioffi to be </span></font><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Bear Stearns’ most talented and successful salesman of mortgage-backed securities. He was usually even tempered, always hard working, and thoughtful. I headed marketing for the quantitative group run by both Stanley Diller, one of the original Wall Street “quants,” and Ed Rappa (now CEO of R.W. Pressprich &amp; Co, Inc.), a managing partner. Ralph was a popular salesman with my colleagues and a heavy user of our quantitative research. In gratitude for analytical work that helped him make sales, Ralph presented our group with an $800 portable bond calculator purchased out of his own pocket. When I was lured away from Bear Stearns by Goldman Sachs, Ralph Cioffi tried to persuade me to stay, matching the offer. Around 20 years had passed and since then we occasionally stayed in touch, but we were not close friends.</span></font></font></p>
<p style="TEXT-INDENT: 0pt" class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Among other hedge funds, Bear Stearns Asset Management (BSAM) managed the Bear Stearns High Grade Structured Credit Strategies fund. By August 2006, the fund had a couple of years of double-digit returns. BSAM launched the Bear Stearns High Grade Structured Credit Strategies Enhanced Leverage fund taking advantage of the first fund’s “success.” </span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Both funds managed by BSAM included CDO and CDO-squared tranches backed in part by subprime loans and other securitizations (collateralized loan obligations) backed by corporate loans and leveraged corporate loans. In August 2006 when BSAM was setting up the Enhanced Leverage fund, other hedge fund managers (like John Paulson), shorted subprime-backed investments.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Investors in the two funds managed by BSAM had been getting double digit annualized returns on high-grade debt at a time when treasuries were yielding less than 5 percent. In fixed income investments, that usually means investors are taking risk.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Ralph seemed to have similar views to mine on CPDOs, the leveraged product that I had said did not deserve a AAA rating. Ralph told me he thought the AAA rating could “lull the unsophisticated investor to sleep,” and that for the purposes of his hedge funds, if he liked an investment-grade-rated trade he could have the same trade without paying fees and: “easily lever up … fifteen times.” To paraphrase Warren Buffett, if the price of your investments drops, leverage will compound your misery.</span></font></p>
<p class="para"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">On </span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">May 9, 2007</span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">, Matt Goldstein called and asked me if I had a chance to look at the registration statement for a new initial public stock offering (IPO) called Everquest Financial, Ltd (Everquest). Everquest is a private company formed in September 2006, and the registration statement was a required filing in preparation for its going public. The shares were held by private equity investors, but the IPO would make shares available to the general public.</span></font></font></p>
<p class="para"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Everquest was jointly managed by Bear Stearns Asset Management Inc, and Stone Tower Debt Advisors LLC, an affiliate of Stone Tower Capital LLC. I was curious, but I was swamped. I told him no, I was very busy and had not even had a chance to glance at it. He called again asking if I had seen it, and again I said no, “Go away.” The next morning I ignored Matt’s voice mails, but finally took his call the afternoon of Thursday May 10 telling him that I still had not looked at the registration statement and had no plans to do so that day. My first call on the morning of </span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Friday, May 11, 2007</span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">, was again from Matt Goldstein. He thought the IPO might be important.</span></font></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">I went to the SEC’s website, and as I scanned the document I thought to myself: <em><span style="FONT-STYLE: italic">Has Bear Stearns Asset Management completely lost its mind?</span></em> There is a difference between being clever and being intelligent. As I printed out the document to read it more thoroughly, I put aside the rest of my work and said: “Matt, you are right; this is important.” I was surprised to read that funds managed by BSAM invested in the unrated first loss risk (equity) of CDOs.<font color="navy"><span style="COLOR: navy"> </span></font>In my view, the underlying assets were neither suitable nor appropriate investments for the retail market. I did not have time for a thorough review, so I picked a CDO investment underwritten by Citigroup in March 2007 bearing in mind that if the Everquest IPO came to market, some of the proceeds would pay down Citigroup’s $200 million credit line. Everquest held the “first loss” risk, usually the riskiest of all of the CDO tranches (unless you do a “constellation” type deal with CDO<em><span style="FONT-STYLE: italic"> hawala</span></em>), and it was obvious to me that even the investors in the supposedly safe AAA tranches were in trouble. Time proved my concerns warranted, since the CDO triggered an event of default in February 2008, at which time Standard &amp; Poor’s downgraded even the original safest AAA tranche to junk.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">The equity is the investment with the most leverage, the highest nominal return, and is the most difficult to accurately price. The CDO equity investments were from CDOs underwritten by UBS, Citigroup, Merrill, and other investment banks.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Based on what I read, Everquest’s original assets had significant exposure to subprime mortgage loans, and the document disclosed it, “a substantial majority of the [asset-backed] CDOs in which we hold equity have invested primarily in [residential mortgage-backed securities] backed by collateral pools of subprime residential mortgages.” Based on my rough estimates, it was as high as 40 percent to 50 percent.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">I explained my concerns to Matt in a general way. Among other concerns: (1) money from the IPO would pay down Everquest’s $200 million line of credit to Citigroup; (2) the loan helped Everquest buy some of its assets including CDOs and a CDO-squared from two hedge funds managed by BSAM, namely the Bear Stearns High-Grade Structured Credit Strategies Fund that had been founded in 2003 and the Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Fund (“Enhanced Leverage Fund”) launched in August 2006; and (3) the assets appeared to include substantial subprime exposure.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Matt Goldstein posted his story on <em><span style="FONT-STYLE: italic">Business Week</span></em>’s site later that day. Initially it was called: <em><span style="FONT-STYLE: italic">The Everquest IPO: Buyer Beware</span></em>, but after protests from Bear Stearns Asset Management, <em><span style="FONT-STYLE: italic">Business Week</span></em> changed the title to <em><span style="FONT-STYLE: italic">Bear Stearns’ Subprime IPO</span></em>.<span class="superscript"><sup> </sup></span>&#160;I hardly think that pleased Bear Stearns more.</span></font></p>
<p class="para"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Ralph Cioffi contacted me about the Business Week article. He said that dozens of IPOs like Everquest had been done—mostly offshore so as not to deal with the SEC. According to Ralph, BSAM’s hedge funds and </span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Stone</span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt"> </span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Tower</span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">’s private equity funds would own about 70 percent of Everquest stock shares (equity), and they had no plans to sell “a single share at the IPO date.” They planned to use the IPO proceeds to pay down the Citigroup credit line and possibly buy out unaffiliated private equity investors.</span></font></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">I responded that verbal assurances that there are no plans to sell a share at the IPO date are meaningless. Publicly traded shares can be sold anytime. But even if the funds kept their controlling shares, it was not good news. Retail investors would have only a minority interest which would be a disadvantage if they had a dispute with the managers.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Ralph claimed that subprime was “actually a very small percent of Everquest’s assets.” He reasoned that on a market value basis the exposure to subprime was actually <em><span style="FONT-STYLE: italic">negative</span></em> because Everquest hedged its risk. Technically, Ralph might have been correct—but the registration statement for the Everquest IPO itself suggested otherwise: “The hedges will not cover all of our exposure to [securitizations] backed primarily by subprime mortgage loans.”</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">It is fine to talk about net exposure (left over after you protect yourself with a hedge), but one usually also discusses the gross exposure (of the assets you originally bought). Hedges cost money, so they can reduce returns.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Ralph Cioffi said CDO equity is “freely traded and easily managed.” I countered that CDO equity may be easy for Ralph to value, but investment banks and forensic departments of accounting firms told me they have trouble doing it. I told him that if this were a CDO private placement, it would have to be sold to sophisticated investors and meet suitability requirements, but since it is in a corporation, it can be issued as an initial public offering (IPO) to the general public. It seemed to be a way around SEC regulations for fixed income securities, and it was not suitable for retail investors in my view.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Ralph said he would talk to his lawyers about changing the IPO’s registration statement to add a line about third party valuations. We seemed to be talking at cross purposes, since the registration statement already said that third party valuation would occur at the time of underwriting. The problem with that was that the assumptions for pricing would be provided by a conflicted manager, and assumptions are critical in determining value. Moreover, on an ongoing basis, one had to rely on a conflicted management’s assumptions for pricing.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt">Ralph did not seem to want to end the discussion, so I asked him if there was something he wanted me to do. He said it would be great if I issued a comment saying I was quoted “out of context,” that my being quoted in Business Week lent credibility to the article and was not helping me, and that I would be “better served” writing my own commentary. I ignored what I perceived to be a thinly veiled threat. I told him that if he wanted me to write a commentary, I would do a thorough job of raising all of the objections I had just raised with him. Ralph seemed unhappy but my thinking he was a hedge fund manager from <em><span style="FONT-STYLE: italic">Night of the Living Dead</span></em> was the least of his problems.</span></font></p>
<p class="para"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt"></span></font></p>
<p style="TEXT-INDENT: 0pt" class="para"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 12pt"><font size="2" face="verdana,arial,helvetica,sans-serif">Excerpted with permission from the publisher, John Wiley &amp; Sons, from</font><a href="http://www.amazon.com/Dear-Mr-Buffett-Investor-Learns/dp/047040678X/ref=sr_1_1?ie=UTF8&amp;s=books&amp;qid=1257901021&amp;sr=8-1"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><font color="black"><span style="COLOR: windowtext"> </span></font><em><font color="navy"><span style="FONT-STYLE: italic; COLOR: navy">Dear Mr. Buffett, What an Investor Learns 1,269 Miles from Wall Street</span></font></em><font color="navy"><span style="COLOR: navy"> </span></font></font></font></a><font size="2" face="verdana,arial,helvetica,sans-serif">, by Janet Tavakoli.&#160; © 2009 by Janet Tavakoli.</font></span></p>
<p style="TEXT-INDENT: 0pt; MARGIN-LEFT: 0pt" class="para"><font color="black" face="verdana,arial,helvetica,sans-serif"><span style="COLOR: black; FONT-SIZE: 10pt">&#160;</span></font></p>
<p style="MARGIN: 0pt"><a name="OLE_LINK1"></a><font face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt">Janet Tavakoli is the president of Tavakoli Structured Finance, a Chicago-based firm that provides consulting to financial institutions and institutional investors.&#160; Ms. Tavakoli has more than 20 years of experience in senior investment banking positions, trading, structuring and marketing structured financial products. She is a former adjunct associate professor of derivatives at the </span><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt">University</span><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt"> of </span><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt">Chicago</span><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt">'s Graduate School of Business.&#160; <font color="navy"><span style="COLOR: navy">A</span></font>uthor of: <a href="http://www.amazon.com/Credit-Derivatives-Synthetic-Structures-Applications/dp/047141266X/ref=pd_bbs_sr_4?ie=UTF8&amp;s=books&amp;qid=1222351404&amp;sr=8-4"><em><span style="FONT-STYLE: italic">Credit Derivatives &amp; Synthetic Structures</span></em></a> (1998, 2001), <a href="http://www.amazon.com/Collateralized-Debt-Obligations-Structured-Finance/dp/0471462209/ref=sr_1_6?ie=UTF8&amp;s=books&amp;qid=1224586838&amp;sr=8-6"><em><span style="FONT-STYLE: italic">Collateralized Debt Obligations &amp; Structured Finance</span></em></a> (2003), <a href="http://www.amazon.com/Structured-Finance-Collateralized-Debt-Obligations/dp/0470288949/ref=pd_bbs_sr_1?ie=UTF8&amp;s=books&amp;qid=1221918040&amp;sr=1-1"><em><span style="FONT-STYLE: italic">Structured Finance</span></em> &amp; <em><span style="FONT-STYLE: italic">Collateralized Debt Obligations</span></em></a><em><span style="FONT-STYLE: italic"> </span></em>(John Wiley &amp; Sons, September 2008).&#160; Tavakoli’s book on the causes of the global financial meltdown and how to fix it is: <a href="http://www.amazon.com/Dear-Mr-Buffett-Investor-Learns/dp/047040678X/ref=pd_bbs_4?ie=UTF8&amp;s=books&amp;qid=1221917976&amp;sr=8-4"><strong><em><span style="FONT-STYLE: italic; FONT-WEIGHT: bold">Dear Mr. Buffett: What an Investor Learns 1,269 Miles from Wall Street</span></em></strong></a><strong><em><span style="FONT-STYLE: italic; FONT-WEIGHT: bold"> </span></em></strong>&#160;(Wiley, 2009).</span></font></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1613-More-On-Lies-Strong-Dollar.html" rel="alternate" title="More On Lies - Strong Dollar" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-11T16:53:00Z</published>
        <updated>2009-11-11T16:45:56Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1613</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1613-guid.html</id>
        <title type="html">More On Lies - Strong Dollar</title>
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                <p>Just a quick note..... and quick chart - both from this morning.</p>
<p><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/carry-again.png" width="423" height="284" /></p>
<p>10 handles came off the S&amp;P 500 in less than 30 minutes (a 1% move) when the dollar strengthened by about <strong>two tenths of 1%.</strong></p>
<p>What would be the impact of the dollar moving higher by 10%?</p>
<p>This is the problem with the carry trade.&#160; The leverage that gets deployed, once it gets going, is typically in the range of 5:1, 10:1 or even more compared to the equity markets.&#160; (Absolute leverage in the FX markets is frequently 100:1 - in fact, even <strong>retail traders</strong> can run 100:1 leverage at most FX brokers!)</p>
<p>Just remember folks, ZIRP and it's pals are always exploited by the politicians to issue debt "free" into the markets.&#160; But once issued that debt has to be rolled over (since governments almost never run an actual surplus allowing them to pay down that debt), which means that the issue is <strong>not</strong> whether you can make the interest payments today, it is whether you can make them tomorrow <strong>given the possible changes in interest rates.</strong></p>
<p>If interest expense ever exceeds income, you're finished, just as was the "buyer" who took out an OptionARM and then had his payment reset to more than his income.&#160; Instant Boom.</p>
<p>The same thing happens to nations.</p>
<p>The problem is that nobody knows exactly where the line is, because that debt must be rolled, <strong>and it is the future cost of that rollover, not today's interest rates, that determine where the wall is.</strong></p>
<p>Have we reached the wall?&#160; Probably not yet.&#160; But if we keep issuing debt into artificially-suppressed interest rates, we will hit it with certainty, and the carry traders are betting (successfully so far) that government will not stop issuing debt (spending more than they make) and Bernanke will not pull enough liquidity to cause short rates to rise by even 1 or 2%.</p>
<p>Better hope all those "ands" and "buts" hold up folks.</p>
<p>(PS, if you think they will: Sold to you.)</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1612-Strong-Dollar-Lies.html" rel="alternate" title="Strong Dollar Lies" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-11T14:02:00Z</published>
        <updated>2009-11-11T15:45:53Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1612</wfw:comment>
    
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        <id>http://market-ticker.org/archives/1612-guid.html</id>
        <title type="html">Strong Dollar Lies</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
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                <p>"How do you know a politician is lying?"</p>
<p>"His lips are moving."</p>
<p><a href="http://online.wsj.com/article/SB125792362908743307.html?mod=WSJ_hps_LEFTWhatsNews" target="_blank">Geither said:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>"I believe deeply that it's very important for the U.S. and the economic health of the U.S. that we maintain a strong dollar," he said at a roundtable discussion with Japanese reporters. "We bear special responsibility for trying to make sure that we are implementing policy in the U.S. that will sustain confidence not just among American investors and .. savers but investors around the world" that the U.S. will fix its budgetary problems as its economy improves.</p></blockquote>
<p dir="ltr">Baloney.&#160; Geithner, Bernanke, and Obama all have intentionally promoted and created policies have that destroyed the value of the dollar, driving it lower since March of this year from 89.6 to 74.8, a decline of almost 20%.</p>
<p dir="ltr">Why?&#160; Because it has produced this:</p>
<p dir="ltr"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/dx-carry-long.png" width="424" height="282" /></p>
<p dir="ltr">That's the dollar and S&amp;P 500.&#160; The correlation showed up on a consistent basis (dollar down, equities up) late in 2008, and in March of 2009 the correlation strengthened.&#160; In July it became nearly-perfect, <strong>and has remained so since, with many days being nearly-perfect even intraday, <a href="http://market-ticker.org/archives/1611-FedSpeak-Translation-There-Is-No-Recovery.html" target="_blank">as I documented yesterday.</a></strong></p>
<p dir="ltr">What happened in late 2008?&#160; <a href="http://www.newyorkfed.org/markets/statistics/dlyrates/fedrate.html" target="_blank">The Fed set rates to zero on December 16th.</a>&#160; This, along with repeated assertions that began in early 2009 that rates would remain at or near zero for "an extended period of time" caused the establishment of the dollar carry trade - the cause of the inverse correlation.</p>
<p dir="ltr">This was not an accident.</p>
<p dir="ltr">Bernanke and Geithner <strong>both watched Japan do the same thing by making the same interest rate move and commitment to "extended period" zero rates, with the same result.</strong></p>
<p dir="ltr"><a href="http://online.wsj.com/article/SB125788319957141919.html?mod=article-outset-box" target="_blank">Asian leaders are apparently unhappy with this:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">At the Asia-Pacific Economic Cooperation forum summit, leaders will tell the U.S. that "we want a stronger dollar" and a more stable dollar, said the delegate, a senior official of an APEC government. "Nobody in Asia, and only some in Europe, will speak publicly about their worries, but they are worried," the delegate said. "The world -- not only APEC, but the world -- needs direction and the only country that can provide this direction is the United States. This can only be achieved through a stable U.S. currency."</p></blockquote>
<p dir="ltr">Asian leaders better wake the hell up.&#160; The collapsing dollar <strong>is a policy</strong>.&#160; It is the means by which the stock market has been propped up in an insane attempt to "instill confidence" in "economic recovery" that, on balance, is clearly not occurring.&#160; As a consumption-based economy we cannot recover until and unless employment recovers <strong>and we replace debt-based consumption with earnings-based consumption</strong>.&#160; </p>
<p dir="ltr">A weaker dollar makes this impossible, as it <strong>destroys</strong> earnings power in real purchasing terms, since&#160;such a policy&#160;will inevitably flow through to the largest inputs we do and must import: energy.&#160; Since we cannot fix this at any time in the near future it is impossible for us to create sustainable economic growth in The United States <strong>except</strong> by strengthening the dollar and forcing (through various policy measures) higher-income jobs back here to the United States.</p>
<p dir="ltr">Instead our politicians are engaged in a puerile confidence game, trying to convince ordinary Americans that "things are getting better" when the Dow&#160;goes up 200 points.&#160;</p>
<p dir="ltr">But the market rising on the back of skyrocketing energy prices (oil has doubled since spring and gasoline is now back to $3 or higher in many parts of the country) doesn't create a single job, and in fact&#160;ramping energy prices destroy consumer purchasing power, just as if taxes were raised.&#160; At the same time "health reform" is threatening to impose a 20% "excise tax" on wage-earners making $100,000 a year, and a 10% "excise tax" on those making $40,000 a year (gross.)&#160; This will drive marginal rates for middle-class earners from the 25% range to as high as 40%, decimating end-user purchasing power.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Many Asian central banks have intervened repeatedly in the currency markets in recent months to prop up the dollar and curb their own currencies to bolster their export-reliant economies. But the APEC delegate said such intervention was only a short-term solution and "cannot go on forever."</p></blockquote>
<p dir="ltr">To those Asian Central Banks: If you really mean what you say <strong>dump your dollar-denominated assets, particularly&#160;US Treasury Bonds.</strong></p>
<p dir="ltr">Not as a means of "sending a message", but because our government is lying to you, the proof is right in front of your face, and as I have repeatedly chronicled in <em>The Ticker</em> over the last two and a half years our government simply doesn't give a damn about our balance of payments or for that matter the rule of law.</p>
<p dir="ltr"><strong>They will not stop this destructive cycle and thus&#160;the&#160;Asian Nations&#160;must act to protect themselves, The US be damned.</strong></p>
<p dir="ltr">Even an increase of short-term rates to 2% would stop the carry and restore balance.&#160; But the longer the "zero rate" policy goes on the harder it gets to do it, and the more-severe the damage.&#160; If The Fed waits too long it will become literally impossible to raise interest rates and withdraw liquidity given the outstanding amount of Federal Debt without causing an immediate failure of The Federal Government.</p>
<p dir="ltr">Bernanke and Geithner know this.&#160; They also know that if they withdraw the liquidity and put a stop to the carry equity markets will come off their insane P/E of over 130 - perhaps by as much as half.</p>
<p dir="ltr">History says they will not act, unless forced, until backed into a corner, until it is too late and Federal Debt becomes impossible to finance in a proper liquidity and rate environment.&#160; At this point we will choose between economic destruction and monetary destruction as the immovable object meets the irresistible force. Who knows which path we will take at that point - both suck.</p>
<p dir="ltr">Look at history - <strong>recent</strong> history:</p>
<p dir="ltr">Our central bank will buy assets that black letter law says it cannot.</p>
<p dir="ltr">Our regulators and politicians have&#160;ignored banks that are clearly underwater to the point that the FDIC loses as much as 50% of a bank's alleged asset base, even though <em>Prompt Corrective Action</em>, black-letter law, should prevent any such loss from ever occurring.&#160; Let me be clear: <em>Such losses can only happen due to massive, outrageous and intentional blindness to willful and intentional mis-marking of assets - that is, accounting fraud.</em></p>
<p dir="ltr">This very same willful blindness <em>is how we got in this mess in the first place.</em>&#160; Intentionally making loans that the banks and others involved <em>knew</em> could never be repaid on the original terms is an outrageous act of asset-stripping of ordinary Americans - the "seed corn" necessary for economic growth.</p>
<p dir="ltr">Our Congress puts forward 1,100 page bills to "fix" problems <strong>instead of demanding prosecution and prison time for those who committed fraud, leaving them free to do so again in the future.</strong>&#160; Our banksters peddled their crap far and wide - including to your very same central banks and investors - that they <strong>knew</strong> was worthless, as evidenced by the fact that some of them were shorting the very same instruments while selling them to you!</p>
<p dir="ltr">Finally, look again at the above graph.&#160;Japan's carry trade ultimately proved unable to prop up the Nikkei stock market, even though <strong>originally</strong> it looked real good.&#160; We are now seeing the same thing - if you look closely at the right side of that chart you will see that while the S&amp;P 500's gains on a percentage basis have slowed <strong>the dollar's losses have accelerated.</strong>&#160; This is simply due to how compound changes work - a drop from 90 to 80 inflicts less damage (as a percentage) than a drop from 80 to 70.&#160; </p>
<p dir="ltr">We are in danger of reaching a "knee point" where the carry becomes self-reinforcing <strong>but fails to create asset (stock price) inflation, as the side effects of the percentage move necessary to do so in the dollar will outweigh the "benefits" to the equity markets.</strong></p>
<p dir="ltr">These sorts of distortions almost always go on longer than anyone thinks they can, but as Japan discovered when they unwind the damage to the global economy is severe. In our case if we do not put a stop to this destructive pattern the damage to our economy and monetary system will not be severe, it will be critical - and perhaps irreversible.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1611-FedSpeak-Translation-There-Is-No-Recovery.html" rel="alternate" title="FedSpeak Translation - There Is No Recovery" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T20:04:00Z</published>
        <updated>2009-11-10T20:19:53Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1611</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/7-Federal-Reserve" label="Federal Reserve" term="Federal Reserve" />
    
        <id>http://market-ticker.org/archives/1611-guid.html</id>
        <title type="html">FedSpeak Translation - There Is No Recovery</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Yet more BS Fedspeak, <a href="http://www.msnbc.msn.com/id/33826707/ns/business-economy_in_turmoil/" target="_blank">this time in the mainstream media:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p class="textBodyBlack" itxtvisited="1"><span id="byLine" itxtvisited="1"></span>In separate speeches, Janet Yellen, president of the Federal Reserve Bank of San Francisco, and Dennis Lockhart, president of the Federal Reserve Bank of Atlanta, warned that rising unemployment could crimp consumers, restraining the recovery. Consumer spending accounts for about 70 percent of economic activity. </p></blockquote>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">That's because there is no real economic recovery <strong>at all</strong>.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">So why is the stock market up so much?</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">More than happy to show 'ya.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Two charts should suffice:</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/carry-year.png" width="423" height="281" /></p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">That is an overlaid chart (as close as I can easily get them to register) on the dollar and The S&amp;P 500 from the March lows to today.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Notice the near-perfect inverse correlation.&#160; The Dollar goes up, the market goes down.&#160; The Dollar goes down, the market goes up.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Now today, <strong>literally minute-by-minute</strong>:</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/carry1.png" width="424" height="285" /></p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Same correlation - near-perfect.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Folks, you don't have to engage in any sort of "conspiratorial" thinking on this whatsoever.&#160; You only need examine the facts.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1"><strong>The rally in the market has exactly nothing to do with the economy and the outlook for it.&#160; It is tied to one and only one thing - the decline in the dollar.&#160;&#160; </strong></p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1"><strong>A WEAKER, EVEN COLLAPSING, DOLLAR IS NOT COMMENSURATE WITH OR INDICATIVE OF A STRONGER ECONOMY.</strong></p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">You're free to believe in any thesis you'd like with regards to economic recovery.&#160; But a strong economy is correlated with a stronger currency - that is, the underlying strength of America, along with her ability to support her currency via current and future production, which translates into the ability to raise tax revenues and thus cover debt.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Since March The Federal Reserve and Federal Government have in fact promulgated and prosecuted policies that do <strong>the exact opposite</strong>.&#160; The stock market has responded not to forward economic prospects, as is often claimed, but rather to the "hot money" flows of foreign and domestic speculators and&#160;a dollar-based carry trade engendered by The Fed's zero-percent interest rates.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Yes, the stock market could go to all-time highs - for a short while - if this is allowed to continue.&#160; But oil (priced in dollars) would be $300 and the dollar would be at 40 - everything you buy that is imported would literally double (or more) in price, and your standard of living, since energy is in everything, would be cut in half - or worse.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">How well will the stock market do over the intermediate and longer term&#160;when the 70% of the economy that is consumer spending (that's you, dear reader!) is destroyed by ramping import costs - whether the government calls that "inflation" or not?</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Japan tried this same game when they got in trouble 20 years ago and they failed to produce lasting economic growth and prosperity.&#160; What they did produce was near-exact correlated market rallies and Yen devaluations, but 20 years later, despite huge rallies in the stock market as we have seen in ours, The Nikkei remains some 60% off it's all-time high, with no realistic prospect of reaching that high at any time in the foreseeable future.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">The mainstream media will not show you the above charts, as they put the lie to <strong>any</strong> claim that the market is "foreshadowing" economic recovery in the next six to twelve months.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">It is doing no such thing - it is responding to hot money flows that are being intentionally generated and, if you follow them as <strong>an investor</strong> (rather than as a minute-by-minute trader) <strong>you will be crushed, just as those who bet on recovery in Japan following their original collapse were.</strong></p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Bernanke, Geithner and the other stooges in our government and media are intentionally misleading you.</p>
<p dir="ltr" class="textBodyBlack" itxtvisited="1">Again.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1610-More-Bernanke-Follies-Bank-Debt-Rollover.html" rel="alternate" title="More Bernanke Follies - Bank Debt Rollover" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T19:29:00Z</published>
        <updated>2009-11-10T19:19:18Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1610</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/6-Banking-System" label="Banking System" term="Banking System" />
    
        <id>http://market-ticker.org/archives/1610-guid.html</id>
        <title type="html">More Bernanke Follies - Bank Debt Rollover</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Just when you thought it might be safe to go back in the water with regards to <a href="http://www.ft.com/cms/s/0/7c5bcf20-cd62-11de-8162-00144feabdc0.html?nclick_check=1" target="_blank">the banking system - and markets</a>:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>The flood of expiring debt will hit the US and the UK hard – with $2,000bn of debt coming due by 2012 – and could curb banks’ profits or force them to charge individuals and companies more for their services. </p>
<p>....</p>
<p>Moody’s estimates that a lender wanting to refinance a short-term government-guaranteed bond with 10-year paper could see costs rise nearly 7 percentage points. </p></blockquote>
<p dir="ltr">The problem is this: The banks, during the "embezzlement years" (that's the housing bubble years of 03-07 and into the crisis up to now) have done the old "borrow short and lend long" game.</p>
<p dir="ltr">But the borrowing was driven down in cost by reducing maturity - in this case, it dropped from about 7 to 4 years over the last half-decade.&#160; In the US it was even worse - banks "worked down the curve" to about 3 years as of 2009.&#160; The Fed and FDIC made this considerably worse in 2008 with the guarantee programs for short-term debt, which further encouraged financial institutions to shift down the curve.</p>
<p dir="ltr">7 years roughly matches the duration of most people's home ownership experience, and thus is a reasonable "duration match" for similar instruments.&#160; Ditto for commercial real estate, which typically is financed on 5 or 10 year terms, interest-only, then is rolled over.</p>
<p dir="ltr">Duration mismatches are a problem, because if interest costs rise while your money is still outstanding you can find yourself in a "negative earnings" situation - that is, it can cost you more to borrow than the rate you lent at!</p>
<p dir="ltr">Banks try to hedge this off with.... you guessed it.... derivatives.&#160; Off-exchange derivatives, in many if not most (up to now)&#160;cases.</p>
<p dir="ltr">Thus the huge notional outstanding value of interest-rate swaps.</p>
<p dir="ltr">So what happens when the cost of borrowing goes up?</p>
<p dir="ltr">More importantly, what happens if it goes up by as much talked about by Moody's - seven percent?</p>
<p dir="ltr">Well let's see, you borrow at 7%&#160;(or is that 10%, since that's the margin, and that old debt was at 3%, right?) but you lent it out for 10 years at 5%.... hmmmm.... what did you say your leverage ratio was again, and how secure is the counterparty on that interest-rate swap you purchased $100 billion worth of swaps from to hedge&#160;this risk?</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1609-Senator-Dodds-Bill-Copy.html" rel="alternate" title="Senator Dodd's Bill - Copy" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T18:59:00Z</published>
        <updated>2009-11-10T19:01:09Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1609</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/1-Politics" label="Politics" term="Politics" />
    
        <id>http://market-ticker.org/archives/1609-guid.html</id>
        <title type="html">Senator Dodd's Bill - Copy</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>This is the "Discussion Draft" of Dodd's financial reform&#160;bill.</p>
<p>Commentary will be forthcoming; Ticker posted so you have a place to obtain a copy "easily" if desired.</p>
<p><a href="http://market-ticker.org/uploads/Nov2009/Dodd_Finance.pdf" target="_blank">As this is another 1k+ page monster</a> (1136 pages in this case) it may take a day or two for me to read it all.</p>
<p>The link above should open the PDF for you.</p>
<p>Here is the claimed "discussion points" that are allegedly addressed:</p><font size="3">
<p align="left">1 </p>
<p></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Senate Committee on Banking, Housing, and Urban Affairs, Chairman Chris Dodd (D-CT) </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Contact: Kirstin Brost/Justine Sessions, 202-224-7391 </p></font></font><strong><font size="5" face="Times New Roman,Times New Roman"><font size="5" face="Times New Roman,Times New Roman">
<p>Summary: Restoring American Financial Stability – Discussion Draft </p></strong></font></font><em><font size="4" face="Times New Roman,Times New Roman"><font size="4" face="Times New Roman,Times New Roman">
<p>Create a Sound Economic Foundation to Grow Jobs, Protect Consumers, </p>
<p>Rein in Wall Street, End Too Big to Fail, Prevent Another Financial Crisis </p></em></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Over the past year, Americans have faced the worst financial crisis since the Great Depression. Millions have lost their jobs, businesses have failed, housing prices have dropped, and savings were wiped out. </p>
<p>The failures that led to this crisis require bold action. We must restore responsibility and accountability in our financial system to give Americans confidence that there is a system in place that works for and protects them. We must create a sound foundation to grow the economy and create jobs. </p></font></font><strong><em><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>HIGHLIGHTS OF THE DISCUSSION DRAFT </p></em></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Consumer Financial Protection Agency: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates an independent watchdog to ensure American consumers get the clear, accurate information they need to shop for mortgages, credit cards, and other financial products, while prohibiting hidden fees, abusive terms, and deceptive practices. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Ends Too Big to Fail: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Prevents excessively large or complex financial companies from bringing down the economy by: creating a safe way to shut them down if they fail; imposing tough new capital and leverage requirements and requiring they write their own "funeral plans"; requiring industry to provide their own capital injections; updating the Fed’s lender of last resort authority to allow system-wide support but not prop up individual institutions; and establishing rigorous standards and supervision to protect the economy and American consumers, investors and businesses. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Protects Against Systemic Risks: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates an independent agency with a board of regulators to identify and address systemic risks posed by large, complex companies, products, and activities before they threaten the stability of the financial system. The agency could require companies that threaten the economy to divest some of their holdings. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Single Federal Bank Regulator: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Eliminates the convoluted system of multiple federal bank regulators to increase accountability and end unnecessary overlap, conflicting regulation, and "charter shopping;" keeps in place the healthy dual banking system that governs community banks. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Executive Compensation and Corporate Governance: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Provides shareholders with a say on pay and corporate affairs with a non-binding vote on executive compensation and director nominations. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Closes Loopholes in Regulation: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Eliminates loopholes that allow risky and abusive practices to go on unnoticed and unregulated - including loopholes for over-the-counter derivatives, asset-backed securities, hedge funds, mortgage brokers and payday lenders. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Protects Investors: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Provides tough new rules for transparency and accountability from investment advisors, financial brokers and credit rating agencies to protect investors and businesses. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Enforces Regulations on the Books: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Strengthens oversight and empowers regulators to aggressively pursue financial fraud, conflicts of interest and manipulation of the system that benefit special interests at the expense of American families and businesses. </font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">2 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>INDEPENDENT CONSUMER FINANCIAL PROTECTION AGENCY </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>The Consumer Financial Protection Agency will have the sole job of protecting American consumers from fraud and abuse and will ensure people get the clear information they need on loans and other financial products from credit card companies, mortgage brokers, banks and others. </p>
<p>American consumers already have protections against faulty appliances, contaminated food, and dangerous toys. With the creation of the Consumer Financial Protection Agency, they’ll finally have a watchdog to oversee financial products, giving Americans confidence that there is a system in place that works for them – not just big banks on Wall Street. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change Is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The economic crisis was driven by an across-the-board failure to protect consumers. When consumer protections are handled by regulators whose primary responsibility is to safeguard the profitability of the companies they regulate, consumer protections don’t get the attention they need. The result has been unfair, deceptive, and abusive practices being allowed to spread unchallenged, nearly bringing down the entire financial system. </p>
<p>The Federal Reserve is the primary consumer protection rule-writer, but it has repeatedly failed to act despite repeated demands from Congress. The Federal Trade Commission is responsible for consumer protections for non-bank finance companies, but lacks the authority and capacity to examine them. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>The Consumer Financial Protection Agency </p></strong>
<p> <strong>Consumer Protections in One Place: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Consolidates consumer protection responsibilities currently handled by the Office of the Comptroller of the Currency, Office of Thrift Supervision, Federal Deposit Insurance Corporation, the Federal Reserve, the National Credit Union Administration, and the Federal Trade Commission. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Independent: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Led by a 5 member board with an independent director. The Chairman of the Financial Institutions Regulatory Administration will have a seat on the board. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">A Watchdog with Real Teeth: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Unites rule-writing, supervision, and enforcement for consumer protection in a single, stand-alone agency with broad authority to investigate and react to abuses as they develop. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Able to Act Fast: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">With this agency on the lookout for bad deals and schemes, consumers won’t have to wait for Congress to pass a law to be protected from bad business practices. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Educates: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates a new Office of Financial Literacy. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Regulates Shadow Banking Industry: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Levels the playing field for insured banks by regulating the shadow banking industry, such as mortgage brokers and payday lenders, for the 1</font></font><font size="1" face="Times New Roman,Times New Roman"><font size="1" face="Times New Roman,Times New Roman">st </font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">time and ensures that companies offering customers the same products receive the same regulatory treatment. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Accountability: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Makes one agency accountable for consumer protections. With many agencies sharing responsibility, it’s hard to know who is responsible for what, and easy for emerging problems that haven’t historically fallen under anyone’s purview, to fall through the cracks. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Tougher State Laws: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Allows states to pass tougher consumer protections that apply to all lenders, preventing federal regulations from preempting stronger state laws. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Works with Bank Regulators: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Coordinates with other regulators when examining banks to prevent undue regulatory burden. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Bases Supervision on Risk: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Focuses resources on companies that pose the biggest risk to consumers - mortgage bankers, brokers, finance companies and the largest institutions. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>3 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>ADDRESSING SYSTEMIC RISKS: THE AGENCY FOR FINANCIAL STABILITY </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>One financial institution should never be capable of bringing down the entire American economy. </p>
<p>The newly created Agency for Financial Stability is an independent agency responsible for identifying, monitoring and addressing systemic risks posed by large, complex companies as well as products and activities that can spread risk across firms. It will discourage companies from getting too large by imposing burdens on them as they grow and give regulators the authority to break up large, complex companies if they pose a threat to the financial stability of the United States. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The economic crisis introduced a new term to our national vocabulary – systemic risk. </p>
<p>In July, Federal Reserve Governor Daniel Tarullo, testified that "Financial institutions are systemically important if the failure of the firm to meet its obligations to creditors and customers would have significant adverse consequences for the financial system and the broader economy." </p>
<p>In short, in an interconnected global economy, it’s easy for some people’s problems to become everybody’s problems. The failures that brought down giant financial institutions last year also devastated the economic security of millions of Americans who did nothing wrong – their jobs, homes, retirement security, gone overnight because of Wall Street greed and regulatory failures. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>The Agency for Financial Stability </p></strong>
<p> <strong>Strong and Independent: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Governed by an independent chairman, appointed by the President and confirmed by the Senate, to provide insulation from political manipulation. The board will have 9 members including the federal financial regulators and two independent members. The board members' diverse areas of expertise will strengthen the board’s ability to identify and respond to emerging risks throughout the financial system. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Tough to Get Too Big: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Writes increasingly strict rules for capital, leverage, liquidity, risk management and other requirements as companies grow in size and complexity, imposing significant costs on companies that pose risks to the financial system. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Break Up Large, Complex Companies: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Gives the regulators the authority to break up large, complex companies if they pose a threat to the financial stability of the United States</font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">. </p></strong>
<p> <strong>Close Gaps in Regulation: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Identifies unregulated financial companies that pose systemic risk and assigns them to a federal regulator for supervision. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Lean and Mean: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Expected to be staffed with a highly sophisticated staff of economists, accountants, lawyers, former supervisors, and other specialists. With just rule writing authority and no direct supervision, the agency can remain small but effective. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Make Risks Transparent: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Collects and analyzes data to identify and monitor emerging risks to the economy and make this information public in periodic reports and testimony to Congress twice a year. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Oversight of Important Market Utilities: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The Agency for Financial Stability will identify systemically important clearing, payments, and settlements systems to be regulated by the Federal Reserve. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>4 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>ENDING TOO BIG TO FAIL </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Preventing another crisis where American taxpayers are forced to bail out financial firms requires strengthening big companies to better withstand stress, putting a price on excessive growth that matches the risks they pose to the financial system, and creating a way to shutdown big companies that fail without threatening the economy. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">As long as giant firms (and their creditors) believe the government will prop them up if they get into trouble, they only have incentive to get larger and take bigger risks, believing they will reap any rewards and leave taxpayers to foot the bill if things go wrong. </p>
<p>Since the crisis began, a number of institutions previously considered "too big to fail" have only grown bigger by acquiring failing companies, leaving our country with the same vulnerabilities that led to last year’s bailouts. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Limiting Large, Complex Companies and Preventing Future Bailouts </p></strong>
<p> <strong>Discourage Excessive Growth: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Imposes increasingly strict standards for companies as they grow larger, more complex, or more interconnected, including heightened capital, leverage, and liquidity requirements, that ensure these companies have greater resources to deal with financial shocks. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Require Companies Provide Their Own Capital Injections: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires institutions to issue long-term hybrid debt securities that will provide them with capital during a systemic crisis so failing institutions can provide their own life support. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Funeral Plans</strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">: Requires large, complex companies to periodically submit plans for their rapid and orderly shutdown should the company go under. Companies will be hit with higher capital requirements and subject to restrictions on growth and activity as well as required divestment if they fail to submit acceptable plans. Plans will help regulators understand the structure of the companies they oversee and serve as a roadmap for shutting them down if the company fails. Significant costs for failing to produce a credible plan create incentives for firms to rationalize structures or operations that cannot be unwound easily. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Orderly Shutdown: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates a mechanism for the FDIC to unwind failing systemically significant financial companies through receivership, but not open assistance. Costs of unwinding these companies will ultimately be charged to financial firms with assets of over $10 billion, not to the taxpayers. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Limit Federal Reserve Lending: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Updates the Federal Reserve’s 13(3) lender of last resort authority to allow system-wide support for healthy institutions or systemically important market utilities during a major destabilizing event, but not to prop up individual institutions. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>5 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>CREATING A SINGLE FEDERAL BANK REGULATOR: </p>
<p>THE FINANCIAL INSTITUTIONS REGULATORY ADMINISTRATION </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>The Financial Institutions Regulatory Administration will eliminate the alphabet soup of multiple bank regulators that has led to weak, confusing regulation where it’s easy for problems to fall through the cracks and difficult to know who is responsible. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Today, we have a convoluted system of bank regulators created by historical accident. There are 4 federal banking agencies that oversee national and state banks and federal and state thrifts. The result has been charter shopping, where firms look around for the regulator that will go easiest on them and fee-funded regulators go easy on those they regulate in order to keep their business, as well as a mess of overlaps, redundancies, and blurred lines of responsibility. </p>
<p>Experts agree that no one would have designed a system that looked like this. For over 60 years, administrations of both parties, members of Congress across the political spectrum, commissions and scholars have proposed streamlining this irrational system. The Financial Institutions Regulatory Administration will finally achieve that goal. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>The Financial Institutions Regulatory Administration </p></strong>
<p> <strong>Independent: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Headed by an independent chairman appointed by the President and confirmed by the Senate, a Vice Chairman experienced in state banking regulation, and a board including the chairmen of the FDIC and the Federal Reserve and two other independent members. It will be funded primarily by assessments on the industry. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Single Focused Agency: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Combines the functions of the Office of the Comptroller of the Currency and the Office of Thrift Savings, the state bank supervisory functions of the Federal Deposit Insurance Corporation and the Federal Reserve, and the bank holding company supervision authority from the Federal Reserve. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Dual Banking System: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Preserves the dual banking system, leaving in place the state banking system that governs most of our nation’s community banks. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Separate Community Bank Division: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Establishes a separate division within the new regulator to regulate community banks given the different supervisory issues they pose. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Eliminates Charter Shopping: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Stops financial institutions from choosing the easiest regulator, and stops fee-funded regulators from going easy on those they regulate to keep their business. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Increases Accountability: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Having a single regulator will mean an identifiable agency is held responsible for shortcomings in the banking system. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Speeds Action, Increases Efficiency: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Ends slow, cumbersome, coordinated rulemaking that creates extra red tape and inconsistent enforcement of the same rules by agencies. Overlaps impose unnecessary costs on regulated institutions and their customers. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Focuses the FDIC and the Federal Reserve: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The FDIC will focus on its jobs as deposit insurer and resolver of failed institutions, retaining backup examination authority over troubled banks and gaining additional authority to accompany the new agency on examinations of healthy banks and holding companies to ensure it has sufficient information to perform its insurance functions. The Federal Reserve will focus on monetary policy without being distracted by responsibilities for bank oversight and consumer protections. The Federal Reserve will continue to play a key role in assessing financial stability and have guaranteed access to financial institutions and any needed information. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>6 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>ADDRESSING SYSTEMIC RISKS POSED BY DERIVATIVES </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Common sense safeguards will protect taxpayers against the need for future bailouts and buffer the financial system from excessive risk-taking. Over-the-counter derivatives will be regulated by the SEC and the CFTC, more will be cleared through centralized clearing houses and traded on exchanges, un-cleared swaps will be subject to margin and capital requirements, and all trades will be reported so that regulators can monitor risks in this large, complex market. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The over-the-counter derivatives market has exploded in the last decade – from $91 trillion in 1998 to $592 trillion in 2008. During last year’s financial crisis, concerns about the ability of companies to make good on these contracts and the lack of transparency about what risks existed caused credit markets to freeze. Investors were afraid to trade as Bear Stearns, AIG, and Lehman Brothers failed because any new transaction could expose them to more risk. </p>
<p>Over-the-counter derivatives are supposed to be contracts that protect businesses from risks, but they became a way for companies to make enormous bets with no regulatory oversight or rules and therefore exacerbated risks. Because the derivatives market was considered too big and too interconnected to fail, taxpayers had to foot the bill for Wall Street’s bad bets. Those bad bets linked thousands of traders, creating a web in which one default threatened to produce a chain of corporate and economic failures worldwide. These interconnected trades, coupled with the lack of transparency about who held what, made unwinding the "too big to fail" institutions more costly to taxpayers. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Bringing Transparency and Accountability to the Derivatives Market </p></strong>
<p> <strong>Closes Regulatory Gaps: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Provides the SEC and CFTC with authority to regulate over-the-counter derivatives so that irresponsible practices and excessive risk-taking can no longer escape regulatory oversight. Uses the Administration’s outline for a joint rulemaking process with the Agency for Financial Stability stepping in if the two agencies can’t agree. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Central Clearing and Exchange Trading: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires central clearing and exchange trading for derivatives that can be cleared and provides a role for both regulators and clearing houses to determine which contracts should be cleared. Requires the SEC and the CFTC to pre-approve contracts before clearing houses can clear them. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Safeguards for Un-Cleared Trades: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires traders post margin and capital on un-cleared trades in order to offset the greater risk they pose to the financial system and encourage more trading to take place in transparent, regulated markets. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Market Transparency: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires data collection and publication through clearing houses or swap repositories to improve market transparency and provide regulators important tools for monitoring and responding to risks. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>7 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>HEDGE FUNDS </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Hedge funds worth over $100 million will be required to register with the SEC as investment advisers and to disclose financial data needed to monitor systemic risk and protect investors. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Hedge funds are responsible for huge transfers of capital and risk, but generally operate outside the framework of the financial regulatory system, even as they have become increasingly interwoven with the rest of the country’s financial markets. </p>
<p>As a result, no regulator is currently able to collect information on the size and nature of these firms or calculate the risks they pose to the broader economy. The SEC is currently unable to examine private funds’ books and records or take sufficient action when it suspects fraud. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Raising Standards and Regulating Hedge Funds </p></strong>
<p> <strong>Fills Regulatory Gaps: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Ends the "shadow" financial system in which hedge funds and other private pools of capital operate by requiring that they provide regulators with critical information. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Register with the SEC: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires hedge funds to register with the SEC as investment advisers and provide information about their trades and portfolios necessary to assess systemic risk. This data will be shared with the systemic risk regulator and the SEC will report to Congress annually on how it uses this data to protect investors and market integrity. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Independent Custody of Client Assets: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires investment advisers to use independent custodians for client assets to prevent Madoff-type frauds. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Greater State Supervision: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Raises the assets threshold for federal regulation of investment advisers from $25 million to $100 million, a move expected to increase the number of advisors under state supervision by 28%. States have proven to be strong regulators in this area and subjecting more entities to state supervision will allow the SEC to focus its resources on newly registered hedge funds. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>INSURANCE </p>
<p>Office of National Insurance: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates a new office within the Treasury Department to monitor the insurance industry, coordinate international insurance issues, and requires a study on ways to modernize insurance regulation and provide Congress with recommendations. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Streamlines </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">the regulation of surplus lines insurance and reinsurance through state-based reforms. </font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">8 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>CREDIT RATING AGENCIES </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Establishes a new Office of Credit Rating Agencies at the Securities and Exchange Commission to strengthen regulation of credit rating agencies. New rules for internal controls, independence, transparency and penalties for poor performance will address shortcomings and restore investor confidence in these ratings. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Rating agencies market themselves as providers of independent research and in-depth credit analysis. But in this crisis, instead of helping people better understand risk, they failed to warn people about risks hidden throughout layers of complex structures. </p>
<p>Flawed methodology, weak oversight by regulators, conflicts of interest, and a total lack of transparency contributed to a system in which AAA ratings were awarded to complex, unsafe asset-backed securities - adding to the housing bubble and magnifying the financial shock caused when the bubble burst. When investors no longer trusted these ratings during the credit crunch, they pulled back from lending money to municipalities and other borrowers. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>New Requirements and Oversight of Credit Rating Agencies </p></strong>
<p> <strong>New Office, New Focus at SEC: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates an Office of Credit Ratings at the SEC with its own compliance staff and the authority to fine agencies. The SEC is required to examine Nationally Recognized Statistical Ratings Organizations at least once a year and make key findings public. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Disclosure: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires Nationally Recognized Statistical Ratings Organizations to disclose their methodologies, their use of third parties for due diligence efforts, and their ratings track record. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Independent Information: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires agencies to consider information in their ratings that comes to their attention from a source other than the organizations being rated if they find it credible. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Conflicts of Interest: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Prohibits compliance officers from working on ratings, methodologies, or sales. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Liability: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Investors could bring private rights of action against ratings agencies for a knowing or reckless failure to investigate or to obtain analysis from an independent source. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Right to Deregister: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Gives the SEC the authority to deregister an agency for providing bad ratings over time. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Education: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires ratings analysts to pass qualifying exams and have continuing education. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>9 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE </p></font></font><em><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Strengthening Shareholder Rights </p></strong></em></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Giving shareholders a say on pay and proxy access, ensuring the independence of compensation committees, and requiring public companies to set clawback policies to take back executive compensation based on inaccurate financial statements are important steps in reining in excessive executive pay and can help shift management’s focus from short-term profits to long-term growth and stability. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change Is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">In this country, you are supposed to be rewarded for hard work. </p>
<p>But Wall Street has developed an out of control system of out of this world bonuses that rewards short term profits over the long term health and security of their firms. Incentives for short-term gains likewise created incentives for executives to take big risks with excess leverage, threatening the stability of their companies and the economy as a whole. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Giving Shareholders a Say on Pay and Creating Greater Accountability </p></strong>
<p> <strong>Vote on Executive Pay and Golden Parachutes: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Gives shareholders a say on pay with the right to a non-binding vote on executive pay and golden parachutes linked to corporate takeovers. This gives shareholders a powerful opportunity to hold accountable executives of the companies they own, and a chance to disapprove where they see the kind of misguided incentive schemes that threatened individual companies and in turn the broader economy. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Nominating Directors: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Gives shareholders proxy access to nominate directors. Providing shareholders a greater role in choosing directors can help shift management’s focus from short-term profits to long-term growth and stability. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Independent Compensation Committees: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Standards for listing on an exchange will require that compensation committees include only independent directors and have authority to hire compensation consultants in order to strengthen their independence from the executives they are rewarding or punishing. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Clawbacks for Executives at Public Companies: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires that public companies set policies to take back executive compensation if it was based on inaccurate financial statements that don’t comply with accounting standards. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">SEC Review: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Directs the SEC to clarify disclosures relating to compensation, including requiring companies to provide charts that compare their executive compensation with stock performance over a five-year period. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>10 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>SEC AND IMPROVING INVESTOR PROTECTIONS </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Every investor – from a hardworking American contributing to a union pension to a day trader to a retiree living off of their 401(k) – deserves better protections for their investments. Investors in securities will be better protected by improving the competence of the SEC, creating uniform standards for those providing customers investment advice, and giving investors the right to sue those who commit securities fraud. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change Is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The Madoff scandal demonstrated just how desperately the SEC is in need of reform. The SEC has failed to perform aggressive oversight and is unable to understand the very companies it is supposed to regulate. And investors have been used and abused by the very people who are supposed to be providing them with financial advice. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>SEC and Beefed Up Investor Protections </p></strong>
<p> <strong>SEC Reforms: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Mandates an annual assessment of the SEC’s internal supervisory controls and a biannual GAO study of SEC management. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Uniform Standards for Advisors: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Mandates uniform standards for anyone providing customers investment advice, eliminating different standards for broker</font></font><font lang="JA" size="3" face="Cambria Math,Cambria Math"><font lang="JA" size="3" face="Cambria Math,Cambria Math">‐</font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">dealers and investment advisers. Small investors should have uniform protections regardless of the title of the financial professional advising them has. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Best Interest of the Client: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Brokers who give investment advice will be held to the same fiduciary standard as investment advisers – they will be required to act in their clients’ best interest. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Aiding and Abetting: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Investors will be able to sue persons who help commit securities fraud. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">New Advocates for Investors: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Creates the Investment Advisory Committee, a committee of investors to advise the SEC on its regulatory priorities and practices as well as the Office of Investor Advocate in the SEC, to identify areas where investors have significant problems dealing with the SEC and FINRA and provide them assistance. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Funding: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The self-funded SEC will no longer be subject to the annual appropriations process. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>SECURITIZATION </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Companies that sell products like mortgage-backed securities are required to retain a portion of the risk to ensure they won’t sell garbage to investors, because they have to keep some of it for themselves. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change Is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Companies made risky investments, such as selling mortgages to people they knew could not afford to pay them, and then packaged those investments together, called asset-backed securities, and sold them to investors who didn’t understand the risk they were taking. For the company that made, packaged and sold the loan, it wasn’t important if the loans were never repaid as long as they were able to sell the loan at a profit before problems started. This led to the subprime mortgage mess that helped to bring down the economy. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Reducing Risks Posed by Securities </p></strong>
<p> <strong>Skin in the Game: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires companies that sell products like mortgage-backed securities to retain at least 10% of the credit risk. That way if the investment doesn’t pan out, the company that made, packaged and sold the investment would lose out right along with the people they sold it to. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Better Disclosure: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires issuers disclose more information about the underlying assets and to analyze the quality of the underlying assets. </p></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>11 </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>MUNICIPAL SECURITIES </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Municipal securities will have better oversight through the registration of municipal advisers and increased investor representation on the Municipal Securities Rulemaking Board. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Financial advisers to municipal securities issuers have been involved in "pay-to-play" scandals and have recommended unsuitable derivatives for small municipalities, among other inappropriate actions, and are not currently regulated. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Better Oversight of Municipal Securities </p></strong>
<p> <strong>Registers Advisors and Brokers: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Requires SEC registration for financial advisers, swap advisers, and investment brokers – unregulated intermediaries who play key roles in the municipal bond market. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Regulates Advisors and Brokers: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Subjects financial advisers, swap advisers, and investment brokers to rules issued by the Municipal Securities Rulemaking Board and enforced by the SEC or a designee. </p>
<p> </font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Puts Investors First on the MSRB Board: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">Gives investor and public representatives a majority on the MSRB to better protect investors in the municipal securities market where there has been less transparency than in corporate debt markets. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>CREATING A 21</font></font><font size="1" face="Times New Roman,Times New Roman"><font size="1" face="Times New Roman,Times New Roman">st </font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">CENTURY WORKFORCE FOR 21</font></font><font size="1" face="Times New Roman,Times New Roman"><font size="1" face="Times New Roman,Times New Roman">st </font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">CENTURY REGULATORS </p></strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>This bill will take a look at a key hurdle for creating competent regulatory agencies: competent staff. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>Why Change is Needed: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The new proposals will create three new agencies – the Financial Institutions Regulatory Administration, the Agency for Financial Stability and the Consumer Financial Protection Agency – each posing staffing challenges that will determine the regulators’ success or failure. </p></font></font><strong><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">
<p>A Better Work Environment to Attract Better Staff: </strong></font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">The bill will set up a panel to look at the staffing needs of the three new agencies based on the successful panel that helped the IRS to improve their hiring practices. The advisory panel will last only three years to see that these agencies are able to attract, cultivate, and retain competent staff qualified to regulate complex, 21</font></font><font size="1" face="Times New Roman,Times New Roman"><font size="1" face="Times New Roman,Times New Roman">st </font></font><font size="3" face="Times New Roman,Times New Roman"><font size="3" face="Times New Roman,Times New Roman">century financial institutions. </p></font></font>
<p>&#160;</p> 
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1608-Repeat-After-Me....-There-Is-No-Carry.html" rel="alternate" title="Repeat After Me.... &quot;There Is No Carry&quot;" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T15:45:00Z</published>
        <updated>2009-11-10T15:47:40Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1608</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1608-guid.html</id>
        <title type="html">Repeat After Me.... &quot;There Is No Carry&quot;</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
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                <p>From this morning's open (there have been <strong>many</strong> essentially-identical charts over the last months...)</p>
<p><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/carry.png" width="424" height="282" /></p>
<p>You can argue anything you'd like, but this - the chart of the SPX cash and the dollar, overlaid - put the lie to any claim that "there is no carry" at play.</p>
<p>Today, as with many days before (and I'm sure will be since) is <strong>stunning</strong> evidence that indeed there is a monstrous carry being perpetrated against the dollar and our nation, Bernanke knows it, and there is exactly one way to stop it.</p>
<p><strong>Remove enough liquidity so as to cause short rates to rise where it becomes unprofitable - 2% should do it.</strong></p>
<p>Bernanke is <strong>causing</strong> this trade to be intentionally put on, and the only people profiting from it are the big banks that can borrow at or near the fed funds rate.&#160; </p>
<p>You and I are forced to borrow (if we want to, which we'd be nuts to do) at 29.9% on our credit cards.</p>
<p>This is just another means by which the big banking oligarchs <strong>steal</strong> your money America.</p>
<p>There is no actual "rally" in the stock market as a consequence of fundamental improvement in the economy.&#160; Rather, the "rally" is a consequence of the dollar carry trade - a destructive Godzilla that has infested our capital markets as a direct and proximate result of Bernanke's and Geithner's policies.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1607-Greenscam-More-Senility.html" rel="alternate" title="Greenscam - More Senility" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T14:29:58Z</published>
        <updated>2009-11-10T14:29:58Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1607</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1607-guid.html</id>
        <title type="html">Greenscam - More Senility</title>
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                <p><a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aCyPFlcZdck8&amp;pos=4" target="_blank">You have to love the mendacity of this clown:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>“We have been very fortunate that the stock markets moved back” and are “re-liquifying the whole process,” Greenspan said at an event in Edmonton, Alberta, presented by Abu Dhabi National Energy Co., the state-controlled energy producer known as Taqa. </p></blockquote>
<p dir="ltr">Oh please.</p>
<p dir="ltr">If I print up $12 trillion in direct funds and guarantees - not based on production but rather based on intentionally overpaying for "assets" (that have a true character and value&#160;closer to that of used dog food) and then tell the primary dealers that I transact with that they are "too big to fail" and that I want them to buy risky assets (implying or outright stating that if they're wrong they won't be held responsible for the losses) <strong><em>of course I can drive the stock market higher.</em></strong></p>
<p dir="ltr">For a while.</p>
<p dir="ltr"><a href="http://www2.standardandpoors.com/portal/site/sp/en/us/page.topic/indices_500/2,3,2,2,0,0,0,0,0,0,11,0,0,0,0,0.html" target="_blank">But I don't think anyone expected it to do THIS:</a></p>
<p dir="ltr"><img style="BORDER-BOTTOM: 0px; BORDER-LEFT: 0px; PADDING-LEFT: 5px; PADDING-RIGHT: 5px; BORDER-TOP: 0px; BORDER-RIGHT: 0px" class="serendipity_image_center" src="http://market-ticker.org/uploads/Nov2009/pe.png" width="375" height="239" /></p>
<p dir="ltr">I certainly didn't.</p>
<p dir="ltr">But heh, that's me.&#160; I know, I know, <a href="http://online.wsj.com/mdc/public/page/2_3021-peyield.html?mod=mdc_h_usshl" target="_blank">The WSJ has their own data center claiming the P/E is "only" 69</a>&#160;and on "forward estimates" is 17.&#160; But their computational format is not published and is from a third party (<a href="http://www.birinyi.com/" target="_blank">Birinyi Associates</a>), while Standard and Poors actually runs the S&amp;P index.&#160; Who do you trust?&#160; I choose a firm that has nothing to sell and designed the index itself.&#160; You pick whoever you wish.</p>
<p dir="ltr">But left unsaid is how this "liquidity" gets into the broader economy.&#160; Oh sure, for the banks that are trading <strong>with your money</strong>, and a "can't lose" proposition, they make a nice chunk.&#160; Their employees get big bonuses, which they can then spend.</p>
<p dir="ltr"><strong>But this is a tiny fraction of the broader economy and population - not enough to matter.</strong></p>
<p dir="ltr">Lending to ordinary people and businesses has not improved.&#160; </p>
<p dir="ltr">Now let me be clear: We are in this mess because we lent too much money to people who couldn't pay.&#160; That is, we "created" a false economic view, a false belief of sustainable economic activity (GDP) that in fact was simply compound pulling forward of demand.&#160; We did this by extracting equity everywhere we could find it, and then when that wasn't enough we allowed <strong>negative equity</strong> to not only develop but be pressed further!&#160; Indeed, the very premise of the "guidelines" published recently for FDIC bank examiners include allowing banks to count underwater commercial real estate loans as "perfectly fine" if they're cash-flowing - <strong>never mind the fact that the mortgage is for more than the property is worth</strong>, and thus if the cash-flow ceases for any reason (like, for instance, the tenants in the place going bankrupt or leaving for cheaper quarters!) the bank will suffer a <strong>huge</strong> capital loss.</p>
<p dir="ltr">But the idea that Greenscam is promoting - that "we're getting better on the back of asset appreciation in the stock market" - is nonsense.&#160; As any trader or investor that lived through last year will tell you, <strong>gains are not real until you reduce them to cash</strong> - "paper profits" are in fact no profit at all.&#160; Just ask those who had $1 million in their portfolios in October of 2007, yet even after the "huge rally" are still looking at a $700,000 balance!</p>
<p dir="ltr">Paper changes in balance sheets do not translate into <strong>spendable</strong> cash; at best they lead to another bubble just like home price "appreciation" did when people start borrowing against that so-called "value."&#160; This in turn leads to another collapse when the "value" disappears, <strong>just as it did with housing.</strong></p>
<p dir="ltr">"Margin call Gentlemen" is not something you wish to hear, but it appears to be what Greenscam wants to see happen to millions of Americans.</p>
<p dir="ltr">Don't fall for this blatantly senile BS.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1606-More-Goldman-From-Janet.html" rel="alternate" title="More Goldman From Janet" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T14:24:00Z</published>
        <updated>2009-11-10T14:23:37Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1606</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/19-Other-Voices" label="Other Voices" term="Other Voices" />
    
        <id>http://market-ticker.org/archives/1606-guid.html</id>
        <title type="html">More Goldman From Janet</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
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                <p><font size="2" face="verdana,arial,helvetica,sans-serif">Hmmmm..... now this is interesting.... offered without comment... (ed)</font></p>
<p class="MsoNormal"><strong><span style="FONT-FAMILY: Calibri; FONT-SIZE: 16pt; FONT-WEIGHT: bold"><a href="http://www.tavakolistructuredfinance.com/GS3.pdf"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">Goldman’s Undisclosed Role in AIG’s Distress (pdf)</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif"> </font></span></strong></p>
<p class="MsoNormal"><font face="verdana,arial,helvetica,sans-serif"><font size="2"><em><span style="FONT-STYLE: italic; FONT-FAMILY: Calibri; FONT-SIZE: 11pt">TSF</span></em><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"> – Opinion Commentary – </span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt">November 10, 2009</span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"> (last of a <a href="http://www.tavakolistructuredfinance.com/bloomberg40.html"><span style="TEXT-DECORATION: none">series</span></a>)</span></font></font></p>
<p class="MsoNormal"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"><font size="2" face="verdana,arial,helvetica,sans-serif">By </font><a href="http://www.tavakolistructuredfinance.com/janettavakoli.html"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">Janet Tavakoli</font></span></a></span></p>
<p class="MsoNormal"><font size="2" face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"></span></font></p>
<p class="MsoNormal"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"><font size="2" face="verdana,arial,helvetica,sans-serif">Goldman wasn’t the only contributor to the systemic risk that </font><a href="http://www.bloomberg.com/apps/news?pid=newsarchive&amp;sid=auT7xM5x3Yyo"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">nearly toppled</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif"> the global financial markets, but it was the key contributor to the systemic risk posed by AIG’s near bankruptcy.&#160; When it came to the credit derivatives American International Group, Inc. (AIG) was required to mark-to-market, Goldman was the 800-pound gorilla.&#160; Calls for billions of dollars in collateral </font><a href="http://www.bloomberg.com/apps/news?pid=20601208&amp;sid=atM1NoT0lfus"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">pushed AIG to the edge </font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif">of disaster.&#160; The entire</font><a href="http://online.wsj.com/article/SB122156561931242905.html"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif"> financial system was imperiled</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif">, and Goldman Sachs would have been exposed to </font><a href="http://www.tavakolistructuredfinance.com/GSRD.pdf"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">billions in devastating losses</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif">.</font></span></p>
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<p class="MsoNormal"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"><font size="2" face="verdana,arial,helvetica,sans-serif">A Goldman spokesman</font><a href="http://www.tavakolistructuredfinance.com/GS2.pdf"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif"> told me</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif"> its involvement in AIG’s trades was only as an “intermediary,” but that isn’t even close to the full story. &#160;</font><a href="http://online.wsj.com/article/SB122887203792493481.html?mod=testMod&amp;mg=com-wsj"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">Goldman underwrote some of the CDOs</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif"> comprising the underlying risk of the protection Goldman bought from AIG.&#160; Goldman also underwrote many of the (tranches of) CDOs owned by some of AIG’s other trading counterparties.&#160; </font></span></p>
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<p class="MsoNormal"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"><font size="2" face="verdana,arial,helvetica,sans-serif">Even if all of Goldman’s CDOs had been pristine, it poisoned its own well by elsewhere issuing deals like </font><a href="http://www.tavakolistructuredfinance.com/GSRD.pdf"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">GSAMP Trust 2006-S3</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif"> that—along with dodgy deals issued by other financial institutions—eroded market trust in this entire asset class and drove down prices.&#160; </font></span></p>
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<p class="MsoNormal"><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt"><font size="2" face="verdana,arial,helvetica,sans-serif">By September 2008, Goldman had approximately $20 billion in transactions with AIG.&#160; Goldman was AIG’s largest counterparty, and its trades made up one-third of AIG's approximately </font><a href="http://www.bloomberg.com/apps/news?pid=20601208&amp;sid=atM1NoT0lfus"><span style="TEXT-DECORATION: none"><font size="2" face="verdana,arial,helvetica,sans-serif">$62.1 billion</font></span></a><font size="2" face="verdana,arial,helvetica,sans-serif"> in transactions requiring market prices.</font></span><font face="verdana,arial,helvetica,sans-serif"><font size="2"><span style="FONT-FAMILY: Calibri"> </span><span style="FONT-FAMILY: Calibri; FONT-SIZE: 11pt">&#160;&#160;Societe Generale (SocGen) was AIG’s next largest counterparty with $18.7 billion.&#160; SocGen, Calyon, Bank of Montreal, and Wachovia bought several (tranches) of Goldman’s CDOs and hedged them with AIG.</span></font></font></p>
<p class="MsoNormal"><font face="verdana,arial,helvetica,sans-serif"><span style="FONT-FAMILY: Arial; FONT-SIZE: 10pt">END OF EXCERPT (click above for pdf of entire commentary)</span></font></p> 
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    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1605-Too-Big-To-Exist.html" rel="alternate" title="Too Big To Exist" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T14:01:00Z</published>
        <updated>2009-11-10T13:53:21Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1605</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/12-Regulatory" label="Regulatory" term="Regulatory" />
    
        <id>http://market-ticker.org/archives/1605-guid.html</id>
        <title type="html">Too Big To Exist</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>Senator Sanders has filed a bill called "<a href="http://sanders.senate.gov/files/AYO09C99.pdf" target="_blank">Too Big To Fail, Too Big To Exist</a>."</p>
<p>Unlike the 1900 page monstrosities, this one will take you just minutes to read.&#160; It is two whole pages.</p>
<p>It should become law tomorrow.</p>
<p>There will be those who argue that this is "anti-capitalist."&#160; </p>
<p>On the contrary; by refusing to force banks and other institutions to adhere to the fundamental principle of sound fractional lending - that is, insisting that for each dollar of unsecured lending outstanding at any instant in time the institution hold one dollar in actual capital we have extended the credit of the sovereign (in this case The United States) through allegedly-private institutions.</p>
<p><em>This is the sin upon which all the screaming for "bailouts" rest, for without violating this fundamental banking principle there would never be a need for a bailout, as each institution would always, at any instant in time, be able to cover every withdrawal through both asset sales at the market and excess capital held.</em></p>
<p>I therefore fully support Senator Sanders' bill <a href="http://sanders.senate.gov/petition/?uid=c53f1aca-5881-403e-928b-a25980cb4e0c" target="_blank">and urge you to head to his petition site and sign it.</a></p>
<p>Those who argue that banks and other firms should be able to grow as large as they like cannot get past the above italicized paragraph.&#160; No firm is limited in size, but no firm should be able to leverage the government's credit for it's own private purposes, as we have seen that each and every time it is allowed these institutions use that leverage to screw the consumer and then force the taxpayer to bail out their bad lending decisions.</p>
<p>Senator Sanders has the right solution - one that allows firms that do not wish to be broken up to raise sufficient capital so that each dollar of unsecured lending is backed by one dollar of capital.</p>
<p>Such a firm, irrespective of size, would not be "too big to fail"; as such this bill would impose <strong>market discipline</strong> - not, as I'm sure detractors will argue, "socialism."</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1603-Oh-Yeah,-Its-Improving-A-Compendium.html" rel="alternate" title="Oh Yeah, It's Improving (A Compendium)" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T13:12:00Z</published>
        <updated>2009-11-10T13:34:24Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1603</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/8-Editorial" label="Editorial" term="Editorial" />
    
        <id>http://market-ticker.org/archives/1603-guid.html</id>
        <title type="html">Oh Yeah, It's Improving (A Compendium)</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p>First, let me say it again, since people seem not to read <em>The Ticker</em> often: <strong>The Market Ticker is not a short-term trading log.</strong>&#160; If you're looking for that, you can find it with a gold star on <em><a href="http://tickerforum.org" target="_blank">Tickerforum</a></em>.&#160; End of (short) rant.</p>
<p>Those who claim that the macro environment is <strong>improving</strong> - fit these pieces in your models and smoke 'em.&#160; We'll start with the <a href="http://www.marketwatch.com/story/banks-tighten-credit-on-companies-consumers-2009-11-09" target="_blank">Credit Survey</a>:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Credit remained especially tight for commercial and industrial loans, commercial real estate loans and credit cards. Some banks were beginning to ease standards for residential mortgages. </p>
<p>Most banks said they would tighten standards for credit cards in reaction to recent legislation that outlawed some practices Congress said were abusive to customers. </p></blockquote>
<p dir="ltr">That's not so good.&#160; But it pales compared to this:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Banks that tightened credit requirements for business loans did so for the same three reasons cited in earlier surveys: reduced tolerance for risk, <strong>an uncertain economic outlook</strong>, and problems specific to industries. </p></blockquote>
<p dir="ltr">Heh wait a second!&#160; I thought the economic outlook was improving?&#160; Not according to the banks it isn't!</p>
<p dir="ltr">The details?&#160; A scant two percent of banks eased standards for prime residential mortgages, and 4% were more willing to make consumer loans.&#160; For all others lending standards remained the same or tightened.</p>
<p dir="ltr">Next, if you think the mega-sized profits and bonuses of the "too big to fail" are going to stay, well, perhaps not.&#160; Of course the big boyz will fight it, <a href="http://www.marketwatch.com/story/radical-fixes-for-too-big-to-fail-gain-support-2009-11-06?pagenumber=1" target="_blank">but perhaps - just perhaps - someone's been reading <em>Tickers</em> on The Hill</a>....</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">"What you will have is another public utility sector, with banks growing roughly 4% a year, funded by deposits," Richard Bove, a financial-services analyst at Rochdale Securities, said in an interview. </p></blockquote>
<p dir="ltr">That could change things.....</p>
<p dir="ltr"><a href="http://wcbstv.com/cbs2crew/david.paterson.special.2.1300362.html" target="_blank">Finally, there's this:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">To some lawmakers it's nothing more than a photo op to help Paterson get re-elected. But the governor is dead serious. He said if the Legislature doesn't cut the budget now the state could run out of money by next month. <br /><br />"We're going to run out of cash in four and a half weeks. We are going to run out of money. Unless we do something about it, (it will) threaten generations," Paterson said.</p></blockquote>
<p dir="ltr">That's New York!&#160; Uh, wait a second.&#160; I thought Wall Street was back to their tax-paying, bonus-giving ways?&#160; What's this?</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The governor says $3.2 billion in cuts must be enacted how -- or else. The cuts range from $500 million in agency spending to over $1 billion in already committed in aid to school districts and hospitals. </p></blockquote>
<p dir="ltr">Hoh hoh hoh - Merry Christmas, especially given....</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">But Senate Democrats, with their tenuous 32-30 hold on the upper house, are terrified to make school and hospital cuts because, they said,<strong> the cuts could mean increases in local property taxes. </strong></p></blockquote>
<p dir="ltr">That's right, your property value goes down but your taxes go up!&#160; Isn't that special?</p>
<p dir="ltr">Of course government <strong>never</strong> wants to deal with things like gold-plated (and diamond-studded!) pension plans, or double-dipping "retirees" that come back as "consultants" or even take a second job (to get a second pension!) and other similar games.&#160; Why no!&#160;</p>
<p dir="ltr">The average American is supposed to tighten HIS or HER belt, but government?&#160; Hoh hoh hoh - no, we'll pick your pocket instead!</p>
<p dir="ltr">(Let's not forget that NY State increased spending last year - into the maw of this mess - by some $12 billion.&#160; That was smart, no?)</p>
<p dir="ltr">I have a solution to this -&#160;<a href="http://www.bloomberg.com/apps/news?pid=20601109&amp;sid=acKzkgNEhfXI&amp;pos=11" target="_blank">Tax these bonuses at a 90% marginal rate</a>:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Nov. 9 (Bloomberg) -- <a t_above="true" t_static="true" t_fontcolor="#000000" t_fontface="Verdana,sans-serif" t_bgcolor="#ddedd9" t_width="110" t_delay="50">Goldman Sachs Group Inc.</a>, Morgan Stanley and JPMorgan Chase &amp; Co.’s investment bank, survivors of the worst financial crisis since the Great Depression, are set to pay record bonuses this year. </p>
<p>The firms -- the three biggest banks to exit the Troubled Asset Relief Program -- will hand out $29.7 billion in bonuses, according to analysts’ estimates.</p></blockquote>
<p dir="ltr">That ought to cover it.&#160; After all, none of these firms would exist were it not for the extraordinary help they received.&#160; Since they're taking the "I don't give a damn" position, NY State should do the same, and enact a 90% marginal rate on their bonuses - including stock awards - to be paid in cash, up front.</p>
<p dir="ltr"><a href="http://www.chicagotribune.com/news/opinion/editorials/chi-1108edit1nov08,0,5398389.story" target="_blank">Then there's Illinois:</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The Minority Report is a data-grounded call for gutsy leadership to modernize the pension system that Illinoisans can't sustain: "Just to keep the unfunded obligation from growing, the state should be funding pensions to the extent of about $8.3 billion (per year) out of operating revenues."<br /><br />That approaches one-third of the current state budget. Can't be done.</p></blockquote>
<p dir="ltr">But heh, I'm just a pessimist, right?&#160; </p>
<p dir="ltr">First California, now New York, all as a consequence of allowing "the mighty" (whether they be public unions or banksters) to rob the government and public wholesale.</p>
<p dir="ltr">I guess I shouldn't be surprised; after all, Washington DC set a perfect example by ripping off the taxpayer - nearly literally at gunpoint - for $700 billion last year.</p>
<p dir="ltr">What's a few more billion between "friends"?</p>
<p dir="ltr">Finally, a bit of (possible) tin - <a href="http://www.guardian.co.uk/environment/2009/nov/09/peak-oil-international-energy-agency" target="_blank">a claim that "peak oil" is much closer than claimed</a>&#160;in the Guardian (UK):</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">The world is much closer to running out of oil&#160;than official estimates admit, according to a whistleblower at the International Energy Agency who claims it has been deliberately underplaying a looming shortage for fear of triggering panic buying.</p>
<p dir="ltr">The senior official claims the US has played an influential role in encouraging the watchdog to underplay the rate of decline from existing oil fields while overplaying the chances of finding new reserves.</p></blockquote>
<p dir="ltr">If that meme gains traction into an imploding dollar I hope you like paying $6+/gallon for your gasoline.&#160;Let's not talk about heating oil&#160;or diesel fuel&#160;(the same thing really), especially going into the winter months....</p>
<p dir="ltr"><em>What does Warren know?</em></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1604-I-Am-Proud-Of-Our-Record.html" rel="alternate" title="&quot;I Am Proud Of Our Record&quot;" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-10T13:07:00Z</published>
        <updated>2009-11-10T12:49:52Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1604</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/7-Federal-Reserve" label="Federal Reserve" term="Federal Reserve" />
    
        <id>http://market-ticker.org/archives/1604-guid.html</id>
        <title type="html">&quot;I Am Proud Of Our Record&quot;</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.bloomberg.com/apps/news?pid=newsarchive&amp;sid=a4yV1nYxCGoA" target="_blank">I'm sure you are, Jeff Kindler.</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>On Oct. 1, Kindler was elected to the board of the Federal Reserve Bank of New York. Kindler declined to comment. </p></blockquote>
<p dir="ltr">What did Kindler decline to comment on?</p>
<p dir="ltr">This.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>New York-based Pfizer agreed to pay $430 million in criminal fines and civil penalties, and the company’s lawyers assured Loucks and three other prosecutors that Pfizer and its units would stop promoting drugs for unauthorized purposes. </p>
<p>What Loucks, who’s now acting U.S. attorney in Boston, didn’t know until years later was that Pfizer managers were breaking that pledge not to practice so-called off-label marketing even before the ink was dry on their plea. </p>
<p>On the morning of Sept. 2, 2009, another Pfizer unit, Pharmacia &amp; Upjohn, agreed to plead guilty to the same crime. This time, Pfizer executives had been instructing more than 100 salespeople to promote Bextra, a drug approved only for the relief of arthritis and menstrual discomfort, for treatment of acute pains of all kinds. </p></blockquote>
<p dir="ltr">Oh.&#160; A criminal act?&#160; And this isn't an "allegation" either - they've pled guilty, so this is now a fact, not an allegation or belief.</p>
<p dir="ltr">And this isn't some little crime either.&#160; It's a felony.</p>
<p dir="ltr">But we don't "jail" big corporations for felonious conduct, do we?&#160; No, we slap their hands with fines.&#160; $1.19 billion dollars (the fine in this case)&#160;sounds like a lot of money, but is it?</p>
<p dir="ltr"><a href="http://finance.yahoo.com/q/ks?s=PFE" target="_blank">Pfizer has a Market Cap</a> of $117.64 billion as of this morning, and an enterprise value of $107.59 billion.</p>
<p dir="ltr">To put this in perspective for the "Better Than Average&#160;Joe" who has a net worth of a couple hundred thousand bucks this equates to fining him <strong>two thousand dollars</strong> for robbing a bank - or, since we're talking about selling drugs for unauthorized purposes, <strong>dealing crack on the corner.</strong></p>
<p dir="ltr">Of course that "average Joe" wouldn't be fined $2,000.&#160; He'd go to prison for 20 years or more.&#160; But not Pfizer!&#160; A real criminal penalty would end the company.</p>
<p dir="ltr">We all agree that illegal drugs are "dangerous", right?&#160; Well, what's peddling drugs for unapproved uses?&#160; According to the US Department of Justice:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p dir="ltr">Across the U.S., pharmaceutical companies have been pleading guilty to criminal charges or paying penalties in civil cases when the U.S. Department of Justice finds that they deceptively marketed drugs for unapproved uses, <strong>putting millions of people at risk of chest infections, heart attacks, suicidal impulses or death. </strong></p></blockquote>
<p dir="ltr">Heh wait - that's exactly the argument we use for locking up drug peddlers on the street corner, right?&#160; Hmmm....</p>
<p dir="ltr">See, when you're a "big business", the fines you will be assessed if&#160;prosecuted for a felony&#160;is just a cost of doing business.&#160; Prosecutors won't seek revocation of a firm's corporate charter, and governments won't stop doing business with convicted felon-firms.</p>
<p dir="ltr">Even if it kills people.</p>
<p dir="ltr">And let's remember, Jeff Kindler, who was Pfizer's general counsel beginning in 2002, became their CEO in 2006.</p>
<p dir="ltr">To&#160;provide the full context of the lead&#160;quote:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>Jeff Kindler, who became Pfizer’s general counsel in 2002, supervised the lawyers who made the promises to prosecutors. By 2004, Kindler increased the compliance budget 12-fold. He became chief executive officer in 2006. In Pfizer’s ethics guide, he says stories about misbehaving companies and executives abound. </p>
<p>“Pfizer truly stands apart,” he says. “I am proud of our record.” On Oct. 1, Kindler was elected to the board of the Federal Reserve Bank of New York. Kindler declined to comment. </p></blockquote>
<p dir="ltr">I'm sure that The Fed buying MBS that are "off label" (that is, without the full faith and credit guarantee that Section 14 of The Federal Reserve Act appears to require) will be right up Mr. Kindler's alley.</p>
<p dir="ltr">After all, unlike the law regulating Pfizer, broken twice while Mr. Kindler was allegedly in charge of compliance in one form or another (once as General Counsel, then again as CEO), The Federal Reserve Act doesn't have an "or else."</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1602-Followup-On-Extortion-By-Banks.html" rel="alternate" title="Followup On &quot;Extortion By Banks&quot;" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-09T16:06:00Z</published>
        <updated>2009-11-09T20:06:04Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1602</wfw:comment>
    
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            <category scheme="http://market-ticker.org/categories/18-Corruption" label="Corruption" term="Corruption" />
    
        <id>http://market-ticker.org/archives/1602-guid.html</id>
        <title type="html">Followup On &quot;Extortion By Banks&quot;</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://acrossthecurve.com/?p=10065" target="_blank">Across The Curve</a>, in an attempt to disagree with my analysis appears to have unintentionally validated it.</p>
<p>Let me explain.</p>
<p>John Jansen links to a posting talking about the "need" (or lack thereof) for reverse repos.</p>
<p>What he misses (perhaps because he fails to understand the mendacity of people who have been caught with their pants around their ankles) is the reason for the waiver from Tier Capital&#160;demand from the primary dealers.</p>
<p>The linked analysis is correct <strong>presuming that the "excess reserves" created still exist.</strong></p>
<p>But the demand for "relief" from Tier Capital requirements is apparently real.</p>
<p>Occam's Razor applies to the obvious discrepancy: <em>The simplest explanation is likely to be correct.</em></p>
<p>In this case the question&#160;is:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p><strong>Why would the primary dealers demand relief from Tier Capital requirements in order to engage in reverse repos with The Fed, when they were recipients of the original "excess reserves" that occurred when the money was printed in the first place?</strong></p></blockquote>
<p>The answer is simple: those "excess reserves" no longer exist, having been sucked into the vortex of debt deflation.</p>
<p>Let's recount what we know to be facts:</p>
<ul><li>Lending has not increased since "QE" began, despite the alleged purpose for "QE" being to increase lending.&#160; In fact total bank credit is decreasing at a rate never before seen in the history of modern data collection.&#160; This is being reflected in consumer credit, business credit, all forms of credit - except for Federal Government debt.<br /><br />
</li><li>The Primary Dealers are asserting that <strong>they require</strong>&#160;Tier Capital Relief to be able to participate in the reverse repo operation.<br /><br />
</li><li>Yet in theory at least, the "new reserves" that were created, <strong>since they financed Treasury issue, which the primary dealers intermediate</strong>, should be sitting on their "credit balance" with The Fed.&#160; That is, either The Primary Dealers are lying (they require nothing) <strong>or they don't have the reserves any more.</strong></li></ul>
<p>2 (original reserves)&#160;+ 2 (QE'd reserves)&#160;= 4, and as a consequence The Fed should be able to execute 4 (total reserves) - 2 (QE'd reserves) = 2 (original PD reserves) without doing any damage at all to the market or to the primary dealers.</p>
<p><strong>BUT THIS IS TRUE IF AND ONLY IF THE&#160;"PRINTED" PD RESERVES ARE STILL THERE!</strong></p>
<p>It is therefore rather obvious that the truth is that the "4" may in fact be a "3" (or worse, a "2"!) and thus The Fed would execute 3 - 2 = 1, where "1" is less than the required Tier Capital leading to an instant</p>
<p><img src="http://tickerforum.org/smilies-local/nuke.gif" /></p>
<p>Let me put&#160;the structure of this alleged "reverse&#160;repo"&#160;in bold for those who have a problem with reading comprehension:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p><strong>The Fed's Balance Sheet shows a HUGE growth in "</strong><a href="http://www.federalreserve.gov/releases/H3/Current/" target="_blank"><strong>excess reserves</strong></a><strong>" - there is ALLEGEDLY over $1 trillion in such "excess reserves" at The Fed&#160;as of the last balance sheet release last week.&#160; These reserves are allegedly (according to The Fed's balance sheet)&#160;ON DEPOSIT with The Federal Reserve.&#160; They were <u>created</u> by The Fed when The Fed <u>purchased</u> open market securities (MBS and Treasuries) <u>and each of those transactions were completed through a primary dealer</u></strong>.&#160; <strong>As each of those transactions was made with a Primary Dealer that PD is the putative "owner" of those "excess reserves" that are held on deposit.</strong></p>
<p><strong>As such a "reverse repo" to the PD community is a BOOK ENTRY for the cash in that NO CASH EITHER PHYSICALLY OR ELECTRONICALLY MOVES.&#160; It is already on deposit and <u>if it is really there</u> unavailable to the Primary Dealer for their business purposes.</strong></p>
<p><strong>The PD thus "gains" the securities that are "PUT" in the Reverse Repo but what they "give" is the deduction from their on-deposit AND UNTOUCHABLE FOR OTHER PURPOSES "excess reserves."</strong></p></blockquote>
<p>This, of course, assumes that these "excess reserves" which are allegedly present really are, and that they really are "excess" - that is, <strong>not otherwise encumbered - and they're not SUPPOSED to be encumbered.</strong></p>
<p>Jansen was one of the bloggers recently "invited" to Treasury.&#160; Nonetheless, it is rather galling to watch a clearly-intelligent individual entirely ignore what amounts to&#160;kindergarten math when it comes to what is&#160;the obvious and indeed only rational explanation for the Primary Dealers'&#160;demand.</p>
<p>Simply put, the system is (still) insolvent as it was last fall and&#160;that insolvency has&#160;been papered over with The Fed's "money hose."&#160; </p>
<p>The system has NOT&#160;"stabilized" - quite to the contrary.&#160;As with the FDIC that has refused to close banks until they are 30, 40, or even 50% underwater on their assets The Fed has effectively papered over the insolvency of the primary dealers to the point that they are now demanding the ability to ignore the primary safety and soundness metric for a bank&#160;- Tier Capital - as "compensation" for participating in The Fed's attempt to drain the excess reserves it pumped in.&#160; This says that they're not only still broke they're <strong>more broke</strong> than they were last fall!</p>
<p>The bottom line is that The Fed is screwed; Bernanke was gamed and instead of "QE"d funds being used to increase lending&#160;the "printed money" was&#160;used to both cover defaulted debt and speculate in the markets.</p>
<p>In order to reverse the QE'd money hose and suck those excess reserves out of the system The Fed will have to accept the truth relating to where that new Fed Credit went coming to light - either in the form of bankruptcies or forced selling of assets.</p>
<p>Neither is acceptable to The Fed (or the politicians) but that doesn't change the fact that this is the <strong>only</strong> rational explanation for the Primary Dealers' demand, nor does it change what the final outcome will be.&#160; The politicians would be wise to stomp on this <strong>now</strong> to stem the damage but they won't just as the Japanese Government didn't.&#160; </p>
<p>We have learned nothing from history even when the lesson was taught just one year ago.</p>
<p>The underlying mathematical truth - that this was nothing more than "extend and pretend" writ large, and failed to result in actual asset quality improvement - has not been lost on the FX market, nor on commodities such as gold.&#160; The Dollar has tanked as currency traders have come to recognize that creating synthetic shorts on dollars through carry trades are&#160;essentially risk-free, since forcing The PDs to cover the reverse repos means either crashing the stock and commodity markets, the PDs themselves, or both.</p>
<p>This, by the way, is exactly what Japan had happen to them.&#160; The unwind of the Yen Carry featured prominently in the 2008 market collapse, especially in the credit markets where the loss of the "free money hose" caused risk premia to blow wide and created a feedback loop that was arguably one of <strong>the</strong> primary triggers for the global meltdown.</p>
<p>Notwithstanding The Japanese&#160;Government's desire to prevent it&#160;the unwind happened anyway and&#160;The Japanese Government found itself on the hook for the balance it had printed, which it has now&#160;tried to absorb.&#160; This made the damage from the carry permanent, just as it will in our case.</p>
<p>Those who refuse to learn from history are consigned to repeat it, and with our tax receipts crashing we will not be able to cover the damage when it becomes apparent, especially if we continue to allow that damage to accumulate.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1601-Dont-Do-It!-Cashing-Out-401ks.html" rel="alternate" title="Don't Do It!  (Cashing Out 401ks)" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-09T13:44:00Z</published>
        <updated>2009-11-09T13:31:42Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1601</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/17-Consumer" label="Consumer" term="Consumer" />
    
        <id>http://market-ticker.org/archives/1601-guid.html</id>
        <title type="html">Don't Do It!  (Cashing Out 401ks)</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.suntimes.com/news/metro/1870880,CST-NWS-cashout08.article" target="_blank">Grrrrr....</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>As the last of his severance pay dwindled away in March, Brad Cleghorn of northwest suburban Marengo cashed out his 401(k) plan in order to pay his mortgage and feed his family.</p>
<p>Cleghorn is not alone. A Hewitt Associates study shows that 46 percent of workers with 401(k) plans who lost or switched jobs cashed the plans in, a trend that could lead to serious problems when younger generations of people working today reach retirement.</p></blockquote>
<p dir="ltr">That's not the real problem folks.</p>
<p dir="ltr">Let me make this <strong>crystal clear</strong>:</p>
<p dir="ltr"><strong>Your 401k or IRA has <u>near-absolute protection</u> in a personal bankruptcy.&#160; As a qualified retirement plan it <u>cannot be seized by creditors</u> if you file a Chapter&#160;7 or Chapter 13.</strong></p>
<p dir="ltr">The absolutely worst thing you can do is to cash out those plans.&#160; This is not just about sabotaging retirement, although that's serious.</p>
<p dir="ltr">This is the "human face" on the games our government has played with bailing out banks and other big financial institutions.&#160; You, "Joe Six Pack", hasn't been helped <strong>at all</strong>, and bill collectors and others will even "suggest" that you cash in retirement funds so you can pay them!&#160;</p>
<p dir="ltr"><strong>Don't do it!</strong></p>
<p dir="ltr">Go see a qualified CPA and/or Bankruptcy Attorney.&#160; Yes, they'll charge you $100 or so to spend a half-hour going over your circumstances and personal situation.</p>
<p dir="ltr">But it is <strong>almost never</strong> the right move to cash in a qualified retirement plan to get through an unemployment circumstance, especially given what is going on now with the official policies of our government - policies that have been and continue to intentionally damage the purchasing power of your earnings and savings.</p>
<p dir="ltr">Our nation has succumbed to short-term thinking to an extreme degree.&#160; Here is what one of the people said in the article:</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">"So we made a decision it was necessary for us to keep the lights on, to keep food on the table for the kids. We have to do what we have to do, and whatever penalties we face on next year's tax return, we'll worry about that next year."</p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Except that your tax hit is due <strong>in April</strong>.&#160; Where will the money to pay it come from?&#160; Even if you find another job, will you be able to come up with the penalties and clawback on the tax exemption you got on the gains and contributions?&#160; That's unlikely, and yet it will be due <strong>in April, and the IRS will come after you if you don't pay them.</strong></p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Your credit card company will call you incessantly and ruin your FICO score if you don't pay them.&#160; <strong>Eventually</strong> your mortgage company will come foreclose on your house, although these days they're not even bothering with that as most of the time the house isn't worth as much as the mortgage - there are people who&#160;are living in their house without making a mortgage payment for more than a year!</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">But if you don't pay the IRS they will not only trash your credit they <strong>will</strong> come after you, and they don't play nice.&#160; They can and will intercept any refunds you get and even freeze your banks accounts.</p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p style="MARGIN-RIGHT: 0px" dir="ltr">Six out of 10 employees in their 20s took the money, compared with one-third of those in their 50s, according to the study.</p></blockquote>
<p style="MARGIN-RIGHT: 0px" dir="ltr">Six out of ten?!&#160;</p>
<p style="MARGIN-RIGHT: 0px" dir="ltr">This is a freaking disaster folks.&#160; </p>
<p style="MARGIN-RIGHT: 0px" dir="ltr"><strong>Don't do it.</strong></p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1600-So-Its-Official-IMF-Carry-Trades.html" rel="alternate" title="So It's Official: IMF / Carry Trades" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-09T12:46:00Z</published>
        <updated>2009-11-09T02:56:28Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1600</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/5-Monetary" label="Monetary" term="Monetary" />
    
        <id>http://market-ticker.org/archives/1600-guid.html</id>
        <title type="html">So It's Official: IMF / Carry Trades</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><a href="http://www.bloomberg.com/apps/news?pid=20601110&amp;sid=amB3TbFgfUik" target="_blank">You can put a fork in us down the road....</a></p>
<blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>The U.S. currency dropped against 12 of its 16 major counterparts as <strong>the International Monetary Fund said traders are probably using the dollar to fund so-called carry trades around the world and it may still be overvalued</strong>. </p></blockquote>
<p dir="ltr">I hope everyone here in The United States takes a moment to understand what this means.&#160; Let me lay it out for you:</p>
<ul dir="ltr"><li>
<div>When the global economy truly recovers oil will skyrocket up to or beyond the $150 where it was in late 2008.&#160; If the dollar is indeed still "overvalued" and going to 40 as many technicians predict, oil will likely reach $300 a barrel.&#160; This will in turn drive gasoline prices north of $6, heating oil will reach $7-8/gallon, and diesel will be commensurate with heating oil.<br /><br /></div>
</li><li>
<div>This will in turn decimate the trucking industry.&#160; Now you know why Buffett bought BNI.&#160; Many things he may be, but dumb isn't one of them.&#160; Trucks will of course remain for terminal-to-door deliveries but for long-haul they will simply be uneconomic.&#160; Those who currently are employed in this business will lose their jobs.&#160; All of them.<br /><br /></div>
</li><li>
<div>The middle class will be decimated.&#160; Those who live in suburbia, who are primarily middle-class Americans, will find themselves faced with commute costs that are double or more what they pay now.&#160; Those in the middle class who live in the Northeast where heating oil is the primary fuel for winter, where natural gas infrastructure does not exist to replace heating oil, will find themselves choosing between heat and food in large numbers.</div></li></ul>
<p>What's far worse is that all carry trades eventually unwind and in the history of the markets I have never seen it happen in an "orderly" fashion.&#160; Japan witnessed the destruction of the Yen Carry last year and it was horrific.&#160; We will see it in the future - exactly when cannot be predicted with certainty, but that <strong>it will happen</strong> in an uncontrolled fashion will be.&#160; While this "unwind" will bring relief from sky-high commodity prices it will do so at the expense of asset prices, which will collapse.</p>
<p>Our government has, quite simply, refused to take the steps necessary to stem this ridiculous and self-destructive course of action.&#160; Part of the problem does indeed lie with the yuan and China's mercantilist policies, but this is similar to blaming the drug dealer in the entirety for one's addiction.&#160; Without the user the dealer has no customer and makes no money.&#160; We have become addicted to cheap Chinese crap, even when it is poisonous (e.g. lead-painted toys or adulterated toothpaste) while refusing to address our own debt imbalances by either government or private interests.&#160; </p>
<p>The rest of the issue is ours, and ours alone - Bernanke could end this tomorrow by draining the liquidity necessary to cause short term&#160;interest rates to rise&#160;to 2% - still a very "accommodative" rate, yet one that would make carry trades unprofitable.&#160; He and the rest of the FOMC have refused, even though they're aware of the extreme distortions this creates in the foreign exchange markets and the draining of productive capital from the "funding" currency source nation that <strong>always</strong> accompanies carry trades.</p>
<p>The only remaining question is whether these "carry trades" and the dollar depreciation that they cause will continue to levitate the equity markets.&#160; Friday morning there was a stunning correlation between the moves in the dollar and the S&amp;P 500 - but then suddenly about 11:00 AM Central time, it broke down.&#160; Many equity and index futures traders have been essentially using the dollar as their "roadmap" for the last several months - but this is a correlation that only works so long as the decline is both orderly and <em>perceived</em> to continue to be so.&#160; If and when that perception changes the correlation will break with extremely violent results.</p>
<p>We certainly do and will live in interesting times, but thus much I am certain of - the Average Joe will neither understand why oil skyrockets the next time it does, nor will he properly place the blame where it belongs: squarely on Ben Bernanke, President Obama and our Congress.</p> 
            </div>
        </content>
        
    </entry>
    <entry>
        <link href="http://market-ticker.org/archives/1599-Health-Care-FARCE-Voted-Up-Last-Night.html" rel="alternate" title="Health Care FARCE Voted Up Last Night" />
        <author>
            <name>Karl Denninger</name>
                    </author>
    
        <published>2009-11-08T17:33:00Z</published>
        <updated>2009-11-09T00:45:55Z</updated>
        <wfw:comment>http://market-ticker.org/wfwcomment.php?cid=1599</wfw:comment>
    
        <slash:comments>0</slash:comments>
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            <category scheme="http://market-ticker.org/categories/16-Health-Reform" label="Health Reform" term="Health Reform" />
    
        <id>http://market-ticker.org/archives/1599-guid.html</id>
        <title type="html">Health Care FARCE Voted Up Last Night</title>
        <content type="xhtml" xml:base="http://market-ticker.org/">
            <div xmlns="http://www.w3.org/1999/xhtml">
                <p><font style="BACKGROUND-COLOR: #faffff">Do we live&#160;in a Constitutional Republic any longer?</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">The 16th Amendment made lawful the income tax - that is, a direct tax on Americans.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">But nowhere in The Constitution is the power found to force people, under penalty of law (including fines and imprisonment), <strong>to pay</strong> <strong>private parties for services they do not desire to purchase.</strong></font></p>
<p><font style="BACKGROUND-COLOR: #faffff"><a href="http://docs.house.gov/rules/health/111_ahcaa.pdf" target="_blank">Yet that is in the bill passed last night.</a></font></p>
<p><font style="BACKGROUND-COLOR: #faffff">Yes, we have Congressfolk - both men and women, and all Democrats (save one Republican) who voted for this.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">This sure appears to be <strong>blatantly</strong> unconstitutional - and, I would argue,&#160;those who voted for the bill&#160;know it.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">If you watched CSPAN yesterday you heard the speeches.&#160; All those who rose in favor of the bill talked not about The Constitution and how this bill was a solution to the problems facing America's Health Care System - a system that consumes some 17% of our GDP - but rather it appealed to how individuals with specific circumstances would be helped.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">But a desire to help someone is not the test for legislation.&#160; All legislation by definition is designed to help <strong>someone</strong>.&#160; The test is whether whatever is being proposed comports with the black-letter requirements of The Constitution, and the even-blacker-letter requirements of the laws of mathematics.&#160;</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">This bill&#160;meets neither essential test of all legislation; it instead proposes to destroy our Constitutional system of government.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">Yet despite member after member rising last evening in opposition and stating that these mandates were unconstitutional <strong>not one rebuttal of that point was made by those in support.</strong></font></p>
<p><font style="BACKGROUND-COLOR: #faffff">The "Holy Grail" for the so-called "private" insurance businesses is forcing <strong>everyone</strong> onto one of their plans.&#160; This is due to the problem of "adverse selection" - that is, you would not buy insurance until you got sick if it is quite (or very) expensive.&#160; The more expensive the insurance gets the worse this problem becomes and the "insurance" ceases to be insurance at all.&#160; Remember, "insurance" is a thing you buy to protect against an <strong>unlikely</strong> outcome - if you're already ill or believe you will become ill the outcome isn't unlikely - it is either probable or known.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">Yet the desires and demands of private business do not give license to use The Constitution as toilet paper.</font></p>
<p><font style="BACKGROUND-COLOR: #faffff">But the extra-constitutional game didn't stop there.&#160; Oh no.&#160; This 1990 page monstrosity goes much further.&#160; It mandates that employers not only cover everyone they hire and pay at least a specific percentage of their premiums (or face a fine) it <strong>also</strong> mandates that said employer <strong>cover all members of that employee's family.</strong>&#160;While it is unlawful to discriminate against people based on their family status, what do you think is going to happen to salaries across the board to cover the risk of someone showing up for a job interview and having eight kids?&#160;</font></p>
<p><font style="BACKGROUND-COLOR: #faffff"><em>Does Octomom become permanently unemployable - or does every employer in the nation reduce your salary offer now and forever to guard against the possibility of another Octomom showing up for a job interview?</em></font></p>
<p>You know the answer here - nobody is going to take the risk of a multi-million dollar discrimination lawsuit.&#160; <strong>Your salary offer will be reduced, and if you are currently employed, you can forget about raises for a long time.</strong></p>
<p>There <strong>are</strong> Constitutional solutions to this mess.&#160; I have posted about them before.&#160;My chronicle&#160;<a href="http://market-ticker.org/categories/16-Health-Reform" target="_blank">of those posts in The Ticker&#160;is found here</a>; it encompasses a reasonably small set.</p>
<p>Left un-addressed (intentionally, by the&#160;device and drug&#160;lobbies)&#160;are the reasons we spend so much on health care in this country.&#160; Put simply, <strong>America pays for the development of every advanced treatment in the world and has for the last 30 years, yet every other nation's citizens get to enjoy those advancements for free.</strong></p>
<p>That's right.&#160; The Pharmaceutical and Device industry has managed to get legislation enacted prohibiting the re-importation of devices or drugs sold overseas.&#160; These overseas markets demand price controls on the drugs and devices sold there, and get it.&#160; We, on the other hand, have a "price at what the market will bear" system.&#160;</p>
<p>The result is that the heart stent that is used in Canada costs a tiny fraction of what the same stent costs in The United States <strong>even though they are made by the same company.</strong></p>
<p>Normally such distortions are instantly corrected by cross-border arbitrage.&#160; That is, if I sell a widget in Canada for (US) $1.00, and for $10.00 here in the United States, someone will order 10,000 of them in Canada and ship them across the border back to the US, driving the price in the United State back down close to the Canadian price.&#160; </p>
<p>In general, once I own a thing I have the right to dispose of it as I see fit.&#160; Nobody would accept the idea that by purchasing a car I can not then sell it at some later point for whatever price I desire.&#160; Nor would they accept this in the price of houses, lawn mowers, life jackets, boats, toothpaste, books&#160;or Christmas decorations. </p>
<p>Yet today it is not lawful for me to buy 100,000 doses of Viagra in Canada (where they sell for a fraction of the US price)&#160;and then ship them back to the United States.&#160; This "unlawfulness" has been artificially created by the drug and device manufacturers, who claim concern for "purity" and "counterfeits" - a red herring and in fact a false claim.&#160; There has never been a right to import or sell a counterfeit product; what these manufacturers have managed to prevent is the importation of <strong>lawfully-produced and properly labeled drugs and devices made in their own factories!</strong></p>
<p>The fact of the matter is that if the world is to benefit from the innovation of US companies they should pay the same price as everyone else does - including the United States.&#160; The solution to this sort of improper and outrageous forced subsidy by the American Consumer and Taxpayer is to remove the laws that bar importation of lawfully-produced and properly-labeled drugs and devices - that is, to enforce the general principle of common law that once I buy a thing to whom I resell it and under what terms is a right that I acquired in exclusivity through my original purchase.&#160;</p>
<p>But fixing this distortion - one that costs Americans hundreds of billions of dollars annually - means removing a "special law" that is used by drug and device companies to screw Americans out of that money, and serves to force medical spending to the moon - all for the profit of a few oligarchs in the medical industry.</p>
<p>Also left unaddressed in The House Bill (again, intentionally) are two other factors that serve to together comprise more than half of our spending on medical care.&#160; These are:</p>
<ul><li><strong>The fact that 90% of your health care spending happens in the last year of your life.</strong>&#160; We must have a societal conversation on this issue, and determine what society's responsibility is for that last year.&#160; I argue that the answer to that question is in fact zero - we all begin to die the moment we are born, and yet none of us know exactly when the clock will expire in advance.&#160;As a consequence a perfect separation at that "last year" is not possible, but there <strong>are</strong> some realities we can - and must - face.&#160; First among them is that when you are in declining health, irrespective of your age, you do not have the right to impose your desire for additional hours, days or months of life on the back of others.&#160; You have the absolute right to expend any or all of your own resources in pursuit of that goal, but you have no right to reach into my or anyone else's pocket to do so.&#160; There are literally thousands of instances every day across this nation where persons who are in their waning hours or days -&#160;persons where&#160;the outcome is, within medical certainty - known -&#160;are hooked to machines and monitors in hospital beds that cost tens of thousands of dollars a day, simply because they do not have to pay for that last hour out of their own resources.&#160; <strong>This must end.</strong>&#160; We are a compassionate nation, but this is not compassion - it is barbarism.&#160; When my time comes I should be offered as much pain medication as I desire to take, including a sufficient amount to render me unconscious either in effect or fact - but I should have no right to expend any amount of society's funds beyond that pallative medication and care.&#160; While this would not save 90% of the nation's health care expense, it would save 30% or more, and we can do it right now, without any impact whatsoever on treatment and care that has a reasonable chance of resulting in a cure of the patient's condition.<br /><br />
</li><li><strong>Tort reform.</strong>&#160; Simply put, we call it "practicing" medicine.&#160; There's a reason for that.&#160; The law must change, even though this will outrage attorneys and their lobbying interests.&#160; A right of suit and recovery must remain for those cases in which gross negligence is shown; we have all heard of cases where the wrong arm or leg is amputated, the perfectly-good eye operated on rendering the patient totally blind, and other similar outrages.&#160; No society can or should accept outrageously negligent activity as "the cost of doing business", including ours.&#160; But most so-called "malpractice" isn't of that form.&#160; It is instead a lawsuit due to a bad outcome - an outcome that was known to be in the realm of possibility by the patient prior to the procedure, or due to an unforeseen risk.&#160;&#160;Medicine is not a science; it is an art.&#160; As an art we must accept that there is always the choice to do nothing and accept whatever outcome God (or Darwin if you prefer) ordains; it is by man's intervention that one <em>attempts</em> to change that natural course of events.&#160; Such an attempt will not always be successful.&#160; Defensive medicine to avoid the possibility of lawsuit costs hundreds of billions of dollars, all occasioned not by medical necessity but rather by documenting evasion of <em>all reasonably-foreseeable risks</em> - a ridiculously expensive practice for which we all pay.&#160; This must end.</li></ul>
<p>If we cannot have a reasonable set of reforms as I have outlined in my "<a href="http://market-ticker.org/archives/1420-Health-Care-WAKE-UP-WASHINGTON!.html" target="_blank">Wake up Washington</a>" Ticker in September then we should instead pass a single-payer system such as exists in Canada, but (unlike Canada) let those who choose pay in cash for "excess services."&#160; No, it's not perfect, and yes, it is rationing.&#160; But so is what The House passed - they're just hiding it in their 1900+ page mess so you can't easily find it.&#160; A Canadian-style system, funded by general revenues, is Constitutional, unlike the outrage passed last night.</p>
<p>Either of those outcomes would produce marked improvements in the system we have now along with driving down costs dramatically - perhaps as much as 50% - from what is spent today.</p>
<p>The House Bill not only fails to address the problem but is an outrageously-broad and, I would argue, an unconstitutional reach into Americans most private parts.&#160; The&#160;Administration's own&#160;spokespeople admit this bill will cost us&#160;some 5.5 million jobs - on top of the 8 million we've already lost in the present economic malaise since the peak of employment in the summer of 2007.&#160; My "back of the envelope" computations are similar - I come up with 5 million jobs lost with a 20% variance and 95% confidence level - that is, somewhere between 4 and 6 million should be the total.&#160; Darn close, given that I'm not privvy to the Administration's facts and figures and am forced to work off published information.</p>
<p>When Pelosi and her gang of thugs took their place behind you they didn't even bother to snap on a glove first.</p> 
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