Volcker’s anti-Geithner, anti-Summers World Tour

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By Barry Ritholtz - December 15th, 2009, 9:00AM

“Bankers and regulators have not come anywhere close to responding with necessary vigor” to the worst economic crisis in 70 years. There is a lot of evidence that financial weaknesses brought us to the brink of a great depression . . . The proposed changes are like a dimple.”

-Paul A. Volcker, Dec. 8. at a conference in West Sussex, England.

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That paraphrased quote above comes to us from none other than Tall Paul on his five country, eight week, Bankers Shame lecture series. The Bloomberg article its from (Regulators Resist Volcker Wandering Warning of Too-Big-to-Fail) extensively reviews the anti-Geithner, anti-Summers World Tour.

Even thought this is obvious, it still needs to be repeated:

“Two years after the start of the deepest recession since the 1930s, no U.S. or European authority has put in force a single measure that would transform the financial system, based on data compiled by Bloomberg. No rule- or law-making body is actively considering the automatic dismantling of banks that Volcker told Congress are sheltered by access to an implicit safety net.

There’s little evidence that policy makers are heeding Volcker, the former chairman of the U.S. Federal Reserve. More than 50 regulatory overhaul proposals have been submitted in the U.S. and Europe, the data compiled by Bloomberg show. Lawmakers and regulators have debated new rules for capitalization and leverage, central clearing for derivatives trading, oversight of hedge funds and ways to monitor systemic risk.

While the U.S. House of Representatives has approved a financial regulation bill, authorities in the U.S. and Europe have sidelined measures that would automatically force changes in the structure of financial companies that Bank of England Governor Mervyn King called “too important to fail.” Volcker is leading a chorus arguing for restricting the size or primary functions of financial institutions.”

Of all the critics out there on this issue, none is more important, accurate and credible (present company included) than Volcker. He is The Man on these issues: Make banks smaller, make them accountable, don’t engage in moral hazard, do not reward reckless speculation. If they are too big to fail, then they are too big.

If the President were nearly as smart as advertised. he would jettison the dynamic duo in favor of Volcker’s prescriptions. He is the only politician/banker who is not afraid to prescribe foul tatsing but effective medicine . . .

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Source:
Regulators Resist Volcker Wandering Warning of Too-Big-to-Fail
Gadi Dechter and Alan Katz
Bloomberg, Dec. 15 2009

http://www.bloomberg.com/apps/news?pid=20601109&sid=aDbxsIHM30H8&pos=11

Greek bonds getting slammed again

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By Peter Boockvar - December 15th, 2009, 8:15AM

Greek bonds are down sharply again with their 10 yr yield rising 24 bps to 5.70%, up 83 bps in 2 weeks and at the highest level since April and their 5 yr CDS is at the highest since March due to the lack of faith in the plan laid out by Greece’s PM. It will be a battle royale between the public unions and the government (sound familiar). The spread to the German 10 yr is widening to 253 bps, double the level in Sept. In response, the euro is falling to the lowest level since early Oct. Investor confidence in Germany’s economy 6 months out (ZEW) fell in Dec but was a touch better than expected. Inflation data in the UK, Spain and France were about in line with expectations ahead of US PPI today and CPI tomorrow. We also see today the first Dec industrial # in the NY Fed survey, Nov IP, Oct TIC data and the Dec NAHB survey. The FOMC begins their two day meeting where how nice would it be to be a fly on the wall.

WSJ: Buffett Still Has the Midas Touch

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By Barry Ritholtz - December 15th, 2009, 8:00AM

What Recession?

Warren Buffett’s investment instincts have held true throughout the credit crisis. Kelsey Hubbard and WSJ’s Scott Patterson discuss Buffett’s big bets –and the deals he declined.

12/11/2009

Boycott Overstock.com

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By Barry Ritholtz - December 14th, 2009, 8:00PM

Whatever little patience I had with Patrick Byrne, and his overzealous friends at DeepCapture.com, has now become officially exhausted.

As I noted last week (DeepCapture.com Scraping Facebook Friends), this group found the Facebook friends and relatives of any journalist, critic, fund manager or blogger who dared to  criticize Overstock (or Deep Capture), and then published the list.

The publicized names were not just colleagues and friends, but family members, including teenagers and kids.

Big mistake.

As Gary Weiss discovered, the entire operation was a pretexting scam, run by former Director of Communications at Overstock, Judd Bagley. His sleazy cyber-stalking/identify theft approach probably violated some law somewhere.

I don’t know why I am on the Overstock enemies list. I am in favor of shorting, but I am against naked shorting. I’ve never said much about Overstock.com (see this and this) as they are mostly below my radar. The massive over-reactions to any criticism shows just how tenuous their business must be.

And whatever legitimacy the anti-naked shorting crowd had is thoroughly undercut by its association with Patrick Byrne. He is an imperfect messenger for what is a small but real problem. Having Byrne lead the crusade against naked shorting is like having Bernie Madoff chair a commission on Wall Street ethics; They are each simply the wrong person to lead any discussion on the issues.

My personal opinion on his obsession? It appears to me that Overstock CEO Patrick Byrne has used the naked shorting issue over the years as a distraction, a cover to take the focus off of problems at his company. Add some intimidation of journalists and sleazy behavior and you have the strategy one might expect from a mediocre CEO of a 3rd rate online retailer. The facts are that Overstock has a history of losing money (Joe Nocera called it an “unprofitable retail liquidation Web site”), and more recently of having reporting/accounting problems. Apparently, its a long their M.O.

Oh, and as a side note: I have no position in OSTK, long or short.

Here is a rhetorical judgment question: Why would anyone, especially the CEO of an online retailer, do anything to piss off the online world — just around the holidays? How frickin dumb is THAT?

I am totally out of patience with this bully, with Overstock.com, and the trolls at DeepCapture.com. Here is what I propose to do:

1) Request the FBI investigate and prosecute the identity theft, online cyber-stalking, and fraud of Judd Bagley of Overstock.com

2) Request the SEC investigate Patrick Byrne, Judd Bagley, and Overstock.com for their part in this scam. If they find it to be a fraudulent scheme, then they should prosecute.

3) Call for a boycott of Overstock.com.

Lastly, some free advice to the Overstock Board of Directors: You have a fiduciary duty tot he owners of your firm. It does not appear to me that you are fulfilling it. Your CEO appears to be dustratced from running the firm. At a certain point, you will be called out for how you handled your obligations. Wise up . . .

As to Facebook, I guess its time to defriend everyone who isn’t actually a friend or relative. (I was getting bored with irt anyway).

Our Marketing Plan

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By Barry Ritholtz - December 14th, 2009, 5:30PM

I found this to be hysterical:

“Do you blog? If not, get in touch with Kris and Christopher from our online department, although at this point I think only Christopher is left. I’ll be out of the office from tomorrow until Monday, but when I get back I’ll ask him if he spoke to you. We use CopyBuoy via Hoster Broaster, because it streams really easily into a Plaxo/LinkedIn yak-fest meld. When you register, click “Endless,” and under “Contacts” just list everyone you’ve ever met. It would be great if you could post at least six hundred words every day until further notice.

If you already have a blog, make sure you spray-feed your URL in niblets open-face to the skein. We like Reddit bites (they’re better than Delicious), because they max out the wiki snarls of RSS feeds, which means less jamming at the Google scaffold. Then just Digg your uploads in a viral spiral to your social networks via an FB/MS interlink torrent. You may have gotten the blast e-mail from Jason Zepp, your acquiring editor, saying that people who do this sort of thing will go to Hell, but just ignore it.

The vi-spi is cross-platform, but don’t worry if you think you’re not on Facebook, because you actually are. Jason enrolled you when you signed the contract last year, or at least he was supposed to, and he told Sarah Williams he did before he had to retire and Sarah left for nursing school. You currently have 421 Friends, 17 Pending Requests, 8 Pokes, 5 Winks, and 3 Proposals of “Marriage.”

Too funny . . .

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Source:
Subject: Our Marketing Plan
Ellis Weiner
New Yorker, October 19, 2009

http://www.newyorker.com/humor/2009/10/19/091019sh_shouts_weiner#ixzz0ZhME7nL8

Visualizing Bank Failures

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By Barry Ritholtz - December 14th, 2009, 4:30PM

Nice animation, thanks to Michael Bommarito of Computational Legal Studies :

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Visualizing Bank Failures ( 2008-2009 ) from Michael J Bommarito II on Vimeo.

Abby Joseph Cohen is bullish!

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By Tim Iacono - December 14th, 2009, 4:06PM

Well, I don’t know about you, but I didn’t see that one coming. Goldman Sachs senior investment strategist Abby Joseph Cohen thinks that stocks are going higher.
IMAGE

At the 14th annual USA Today Investment Roundtable, Cohen noted that the current stock market picture is “muddled”, but “nicer”, and still “a reasonably good environment” for investors.

She added that most people “are taking the point of view that the period of maximum risk has passed, but we do have risks ahead. It is more normal, but it is not normal.”

Based on this, I’d say things are definitely back to “normal”…

ooo

Tim Iacono is a retired software engineer and writes the financial blog “The Mess That Greenspan Made” which chronicles the many and varied after-effects of the Greenspan term at the Federal Reserve. Tim is also the founder of the investment website “Iacono Research” that provides weekly updates to subscribers on the economy, natural resources, and financial markets.

Obama’s populist rhetoric about ‘Fat Cat’ bankers

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By Edward Harrison - December 14th, 2009, 3:21PM

Last night on CBS’ 60 Minutes, President Obama attacked Wall Street as “fat cats,” saying he was not elected merely for their sake. Obviously, the President is now keenly aware of how his political capital is being lost due to the bailout program earlier in the year. He is doing some serious damage control. But what does the President plan to do about this?  I do not advocate taxing bonuses outright as is being done in the U.K.  Taxing bonuses strikes me as a populist move similar to the desire to impose oil company windfall taxes back in 2008 – something no one is talking about now.

But, Marshall Auerback thinks President Obama is all hat and no cattle anyway.  In reference to the President’s more stridently populist tone toward Wall Street, he says:

Far easier to resort to cheap populism than actually do something about it. If the President were serious, he would be pointing out that the bankers have been undercutting every effort at reform, and have been paying off Congress to put loopholes into all legislation. If he were genuinely upset, he would be channeling the country’s anger constructively, by calling on the population to take to the streets in mass protests against Wall St., with a view to shutting down the biggest banks and breaking their power once and for all. Of course, the President would never do anything so “irresponsible”. Far better to throw a few bones to the peasants and hope that the appearance of reform pacifies them.

Here is my take.

If you listened to what Obama said before he became President, it is clear he was not running left.

  • He never said he would pull out of Afghanistan; he said all along he considered this the just war. And he promised to escalate depending on the circumstances on the ground
  • He never promised Universal Health Care; the proposal by Hillary Clinton mandated coverage while his did not.
  • He never had progressives surrounding him in his election bid as Matt Taibbi claims.

Don’t be fooled. Those who decry Obama’s policies as ‘socialist’ are doing so for purely political benefit.  Are you telling me that Obama is governing in a vastly different way than George W. Bush at the end of his tenure?  How exactly would John McCain have been any less socialist? Are you telling me McCain would have bankrupted Citi or BofA? It’s absolute nonsense. I would grant you that McCain would have sought to extend tax cuts for the rich. Otherwise, the cry of socialism is a purely political tactic using Obama’s dip in popularity in order to strip him and his party of any right-leaning independents he may have won in 2008.

The only difference between the established parties is the degree to which they believe in neoclassical laissez-faire economics.  The right believes that markets are almost always right and see nearly no reason for government intervention except to lower taxes and promote free markets. The left believes that markets are almost always right too but they see more reason for government intervention in order to protect their traditional base of unions and the working class (think health care reform, taxes on the rich, and the auto bailouts).

However, in practice, those beliefs manifest themselves differently because of the political process and the power of lobbyists. It is what I have termed deregulation as crony capitalism. What the Obama Administration is doing has nothing to do with socialism; those who believe that are either political partisans or those hopelessly misinformed individuals falling prey to political partisans. The present policy is what Dylan Ratigan calls ‘Corporate Communism’ i.e. a pro-business status quo bias which favors incumbent firms over potential entrants, big business over small business, and corporate interests over consumer interests. It is no different than what we saw during the Clinton and George W. Bush Administrations.

Why is Obama favoring big business? Neo-liberalism.

In the 1990s, the so-called Third Way, popularized by Bill Clinton and Tony Blair, changed the fortunes of liberals dramatically.  Traditionally, the Democratic and Labour Parties were controlled by unions and working class interests – the so-called left wing.  This is one reason Democrats controlled the South until the civil rights movement. But, stagflation seemed to discredit leftish policies. In the U.S., the 1980s ushered in 12 years of Republican Presidency.  Labour’s trip into exile was even longer, 18 years.

The Republican’s were stopped only as a result of an unusual combination of Ross Perot’s third-party candidacy and Bill Clinton’s co-opting of large parts of the right’s pro-business anti-regulation, pro-free market platform – so-called Neo-Liberalism.  The neo-liberals in America were so successful that Tony Blair adopted the same tactics in creating New Labour and overthrowing the Conservatives in 1997. Junchiro Koizumi copied Blair in moving the LDP away from its base toward neoliberalism, vaulting him into power in 2001. In fact, one could even see Gerhard Schroeder as a neo-liberal who moved Germany’s SPD into power in 1998 – one reason the SPD is now losing voters to Oskar Lafontaine and die Linke (The Left).

So, Marshall is right. Obama has been more interested in sending out a pro-business signal to re-assure business interests and to court independent voters. I believe he has made a political calculation that he can hold his base of support even if he adopts a more center-left positioning because they have nowhere else to go.  It’s not like they are going to vote for the Republicans. This has been an effective way to power for left-leaning mainstream parties for at least 15 years.

However, I suspect that the Obama Administration was taken by surprise by how huge post-bailout profits in the banking sector were. He probably also never anticipated the lack of political antennae Wall Street executives showed in paying large bonuses. So, his pro-business emphasis has backfired and he finds himself in a position where he must ratchet up the populist rhetoric – not necessarily to be followed by any concrete actions.

The problem with this calculus is that, in the wake of this major financial crisis, there are lots of voters who want much more fundamental change than Barack Obama has been willing to make.  This is true on banker pay, on auditing the Federal Reserve and on protecting American jobs. Words alone are meaningless – one reason populism and protectionism escalate from rhetoric into action.

Source

Obama’s New-Found Populism: All Hat, No Cattle – Marshall Auerback

This was a guest post by Edward Harrison of the site Credit Writedowns

Will December Go Against the Grain?

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By Michael Panzner - December 14th, 2009, 2:30PM

highlowdiff

It goes without saying that the stock market has been volatile this year. In fact, the monthly difference in percent between the highest and lowest intraday price for the S&P 500 has been higher than its corresponding 25-year median for each of the first 11 months of 2009.

So far during December, however, the differential is below its long-term  average (based on the high of 1119.13 on the 4th and the low of 1085.89 on the 9th). Will December end up being the only month that is below average — and, perhaps, the least volatile month of 2009? Or are we set to see some (more) fireworks during the next two weeks or so?

Final Thoughts on the Bernanke Nomination and AIG

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By Chris Whalen - December 14th, 2009, 12:30PM

We posted a new item today that contains our final thoughts on the nomination of Ben Bernanke for another terms as Fed governor. We also feature an interview with Mike Krimminger of the FDIC on that agency’s impending draft rule regarding bank securitizations. The text of the Fed rant is below and you can read the Krimminger interview on our web site: http://us1.institutionalriskanalytics.com/pub/IRAMain.asp

The Institutional Risk Analyst
Final Thoughts on the Bernanke Nomination and AIG
December 14, 2009

Last week after we published his comment on auditing the Fed, our friend Martin Mayer reminded us of a couple of more reasons for the Senate to oppose the Bernanke confirmation. Top among them, according to Mayer, is Bernanke’s appointment of Patrick Parkinson to be head of the Fed’s division of supervision & regulation, a post Parkinson comes to by way of the central bank’s division of research & statistics. Says Mayer:

“An even bigger reason to resist the reappointment of Bernanke is his appointment of Pat Parkinson to be the new head of supervision. Parkinson was Greenspan’s guru on derivatives. Of course, the great benefit of customization of derivatives is the elimination of margin, which is safe enough as long as the Fed will contribute taxpayer money whenever anything goes wrong. The Fed does not protect customers, or the safety and soundness of the institutions, or the taxpayer. Nothing MUST be protected except permission for the institutions the Fed allegedly supervises to keep their freedom to avoid the standardization that might make possible the creation of an honest market from the ruins of what Parkinson defends.”

Suffice to say that many of Parkison’s views on OTC derivatives, which you may see for youself on the Fed’s web site, are seemingly identical to the views of the lobbyists for the large OTC dealer banks. Perhaps we are missing something, but to us Parkinson seems to typify the term “regulatory capture” and specifically the tendency of the Fed’s Washington staff to serve as advocates for the large NY dealer banks, rather than serving the broad public interest. For this reason alone, we think Bernanke deserves to go back to Princeton.

Of note, on Saturday the Wall Street Journal’s Serena Ng and Carrick Mollenkamp published an important contribution to the bailout knowledge base, reporting how Goldman Sachs (GS) used OTC credit default swaps to cause the failure of American International Group (AIG). Entitled “Goldman Fueled AIG Gambles.” the article confirms our long held view that AIG could not have come up with the trading strategies that caused its failure without a little help from GS and several other dealers. Customers just don’t come up with stupid ideas like this on their own. And interesting that the Murdoch-owned WSJ published the revealing piece on a Saturday…
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