Saturday, February 28. 2009The Underlying Fraud In BankingOk tinfoilers, this is not what you think it is; I'm sure many of you came here and started to read because you thought I was going to rant about fractional reserves or the lack of "sound money." Sorry, no dice. No, I'm going to talk about the inherent fraud over the last five or so years in the housing (and other lending) markets, and it is NOT where you think it is. It is, in fact, in both the accounting treatment and assumptions that were in fact made by both borrowers and lenders - simply put, they are nowhere near the same. Let's start with a proposition: A "mortgage" is a loan made against real property with the original intent that the borrower will pay as agreed under an amortization schedule to maturity, interrupted only by significant life events such as relocation, unemployment leading to bankruptcy, divorce or serious medical illness. With that assumption we can model the performance of a mortgage under all economic conditions, since we can draw upon history to get a fairly good idea of what unemployment rates might be, we know what relocation rates tend to look like, serious uninsured medical illnesses have an actuarial component and the like. With that modeling in the bag we can then configure up a securitized structure that provides whatever level of protection is desired against these events, and from there yields will flow (more for the riskier sides, of course.) Now let's add, however, what was actually sold to people during the last four or five years. The premise that the "homeowner" was sold had nothing to do with the above concepts. Instead, that "homeowner" was sold the following by both bank and non-bank mortgage companies:
Now dice and slice up loans made under those five principles and try to model the outcome. Good luck. See a loan made to someone on the premise that it will be refinanced and for which there is no equity cushion provided by a significant down payment is entirely Dependant on one thing - the market price of the underlying asset must continually increase at a rate that exceeds the negative amortization, if any, plus all costs of the refinance. The problem isn't so much the making of these loans - it is the misrepresentation of what they are. Balloon mortgages, which in fact is what these constitute, have been a part of the lending landscape forever. They were, in fact, what blew up in the 1930s - they were the "preferred" mortgage in the "Roaring 20s". But everyone knows that those loans blew up in the 1930s, and they were prevalent in the Roaring 20s. That is, anyone with a brain. Thus, you couldn't have sold mortgage-backed securities packaged up out of balloon notes without a significant extra yield premium. So most lenders quite simply lied. But not all. Look at Berkshire's 2008 Letter (just issued, recapping the 2008 performance of Berkshire Hathaway). There is a very interesting piece in there about the financing performance of Clayton Homes, a Berkshire company that makes "manufactured housing":
Why? Quite simple, really. Even though Clayton's customers have crappy credit on average, they were forced to put down a meaningful amount of money from savings, and cannot borrow it somewhere else. They bought with an amortized payment, not one that will turn into a hydra in a couple of years and choke you - just before consuming you whole. They did not assume they could refinance and Clayton refused to lend to people on that basis; rather, they assumed that they would pay as agreed, from start to finish, based on current income, not based on some pie-in-the-sky future wish. As a consequence Clayton's securitized mortgages have performed reasonably well. The reason is simple - the company actually promised to its securitized buyers the same thing they sold to its borrowers and was able to model the actual credit risk involved from "life events" - statistical models that actually are valid. It appears that The Huffington Post has picked up on some of "The Bezzle"; in this article from the 23rd which I had previously missed:
Yep, but it is not policies that were in play here, it was willful inaction that then "compelled" the disaster-capitalism nonsense. Let's look at what's in Title 12 Ch16-Sec1831:
Got it? This is really pretty simple - there must be a leverage limit and the OTS, OCC and FDIC must enforce that limit to insure that banks do not fall into being undercapitalized. Further, no bank may make a capital distribution (pay a dividend) or pay a management bonus if before or after doing so it would be undercapitalized. Where has this supervision been? Note that Geithner and President Obama have continued this nonsense, and Geithner is one of the people personally culpable for ignoring the law in the first place. What will stop this blatant lawlessness? Certainly not Congress. Ben Bernanke was before Congress this last week and guess what: Not one question about the law compelling him (and the other regulators) to act before banks become insolvent. Now President Obama has released his budget which provides for even more bailouts - a potential $750 billion "second round." Yet the law under which we are supposed to operate in this country makes clear that this sort of policy decision is directly contrary to statute; instead, the law by its black letter requires banks to be taken into receivership before they become insolvent. And oh by the way, the regulators are not allowed (by that law) to ignore off-balance sheet obligations either. Uh uh - they are required to take action before the insolvency occurs irrespective of how - and they did not. In fact the banks have self-declared their non-compliance with that statute as noted in The Ticker right here ("Our Tier 1 Ratio Is Strong!") once again last night! This "self-declaration of insolvency" in fact goes back to Washington Mutual's original 1Q 2007 report that set me off and started me writing Tickers back in April of 2007! We are in fact talking about what amounts to nearly two years of this nonsense to date, and through the fall of 07 into the early part of 08 the MLEC garbage (and friends after it went down in flames) makes clear that regulators, including Treasury and The Fed knew exactly what the state of these firms was and willfully ignored it. There is not a policy "decision" allowed here guys and dolls - this is black letter statutory language that compels a certain set of actions - statutory language put in place after the last time we were here (the S&L crisis) that was intended to prevent the damage ($150 billion) that was done to our nation the last time! This time around we're at $750 billion with another $750 in "placeholders" in the budget - that is, fully ten times as much damage, and yet the black letter law of the land says that this approach is directly contrary to the statute. This goes back to my speech Thursday night - the underlying reason we have seen a market collapse is not due to economic recession. Recessions are not "abnormal"; they come about due to the human condition - people are both too ebullient and too fearful. "Animal spirits" include both reaching for a brass ring and cowering in the corner, contrary to the Wall Street myth that such is only a "positive" thing. No, we have seen this collapse because "The Bezzle" has reached into literally every corner of our financial system and government and nobody has been held to account. When the S&L crisis happened only a few people went to jail, even though thousands committed felonies. When the Internet Bubble blew up only a few went to jail even though it is trivially easy to identify thousands who flatly lied about growth metrics - and that's just one place they were lying in their annual and quarterly reports. As we have continued to tolerate "The Bezzle" it has become clear to people in all financial areas that they can lie and get away with it. That the odds of being caught, say much less prosecuted, are so trivial that it's definitely worth the risk. Would you risk going to a cushy federal prison for five years if you could make $100 million dollars and the odds of getting caught were 1 in 10,000? How about if the odds are the same but the profit is only $100,000? In both cases many people would and did; home "buyers" overstating incomes are the second case, and sellers of money who intentionally misrepresented what they were selling (up and down the line) fall into the first. Indeed, the FBI's own statements on this matter is that if you were engaged in "fraud for housing" (that is, you robbed a bank in order to live in a house) they aren't interested in coming after you. It is only the serial fraudsters who were engaged in fraud for pure monetary profit across many transactions that they're arresting - and then, only if you're the borrower. Now contrast that with robbing a bank the "old fashioned" way (with a gun.) You might get away with $100,000. But the odds of getting caught are much higher than 1 in 10,000 - in fact, they're probably at least 1 in 4, and maybe worse. If you do get caught you're going to do 20 years in a nasty place where prison rape is considered a sport and what's worse, if you're in a state like Florida, you will get a mandatory, no-early-release extra 10 on your sentence if a firearm is involved. While people do still rob banks with a gun there are far more people who "robbed the bank" using a pen and piece of paper instead during the last five years - some of them "home buyers", some of them mortgage brokers and some of them bankers both on and off Wall Street. Now let's mark this disconnect a bit more. There is absolutely a price on human life. Doubt that? Go visit a hospital. People with no hope can and do obtain a million dollars or more of free (to them) medical care. OJ Simpson was sued after he won acquittal for the murder of his ex-wife and ordered to pay money damages, establishing that there is a value on human life, and we can and do reduce that value to dollars in our justice system. So why is it that we refuse to apply the same standard when it comes to sentences? Nicole Brown Simpson's children, Sydney and Justin, were awarded $12.5 million dollars after OJ Simpson lost his civil case. So we have a "reasonable boundary" for a human life - $12.5 million dollars. Other verdicts have found larger and smaller amounts, but this makes a nice, public and well-documented figure. Does this not provide all the evidence you need that should someone manage to steal (in aggregate) through fraud more than $12.5 million dollars that they should get, at minimum, "20 to life" in prison? That is, a sentence equal to the least stringent for homicide? How many of these fraudsters would have committed these offenses, and how many would in the future if this was the penalty? Commit a fraud worth $12.5 million or more, bye-bye. Oh, and we'll take the $12.5 million from you (since you stole it) to pay for your imprisonment too! This - up and down the line - from the intentional lack of prosecution to willful refusal to follow the law to utter stupidity in criminal sanction - is the essence of "The Bezzle" and it is why capital has fled. It also, however, points out an essential truth about any future recovery in our economy and banking system - it won't happen until "The Bezzle" is muzzled to a significant degree. It is too much to expect that we will ever get rid of "The Bezzle" entirely. That's simply not going to happen - there will always be cheats, liars and frauds. However, until those who commit such crimes and blatantly ignore the black letter of the law are held to account on a consistent basis, thereby destroying the belief that this sort of criminal activity is "free of material risk", there can be no meaningful recovery of economy progress. We can either demand and obtain this change in policy and attitude now as Americans, or the market will do it for us by continuing to tank and forcing these firms and examples into the open where they are destroyed. The unfortunate reality, however, is that the latter course - refusing to face this and allowing the inevitable market implosion to do that which we refuse to through law enforcement - will also take down tens of thousands of sound companies who also see their capital base removed while their obligations remain. Bluntly put - Congress and The Administration must, right here and now, compel these regulators to follow the law or remove them from their positions of power. This had to be done two years ago and it still needs to be done. There is no way to stop the bleeding in our capital markets - both credit and equity - until this occurs. It will happen; we are only choosing the means and where we want to confine the risk to. If we continue down the path we are on now we are risking the meltdown of the United States Federal Government; Fed President Plosser said the following:
You got that? The Fed knows that it is holding a bunch of crap and is threatened by the "value" (or lack thereof.) If they shove that off onto Treasury then the detonation of over $1 trillion in bad debt will occur on the government's balance sheet, which will (1) cause a dramatic move upward in Treasury interest rates, (2) translate into all other forms of debt and (3) result in exactly the same collapse that happened in the 1930s - but it will be far worse in degree, since we are far more in debt now than then. As things stand today I have no confidence whatsoever that The Obama Administration has any intention to act according to law any more than George Bush's Administration did. As a consequence until and unless the government's position and actions change my "base case" economic forecast must remain bearish and over time continue to grow more bearish; without the 2/3rds of all capital that is private in our economy, even with supplanting of that capital from the government (to the extent it is able) I believe we are looking at a potential 30% contraction in GDP from top to bottom and unemployment reaching north of 20% on U-6 (broad form), with the very real possibility of a 20% headline number. We are headed for an Economic Depression worse than the 1930s at Warp Speed folks, and it is not going to happen because of "fundamentals" or even because "the credit markets froze up." No, it is going to happen because both the Bush and Obama administrations are intentionally, with malice aforethought, ignoring the black-letter law of the land for the purpose of covering up their own malfeasance and misfeasance, and neither political party or the American People will get off their fat asses and demand that it be stopped. Your job, prosperity and wealth are on the line America - right here, right now. This is not some abstract failure in the market - this is a series of actions that have been taken with the full intention of screwing you, by both Democrats and Republicans, so that a handful of robber barons masquerading as capitalists do not have to face the music for their acts. How bad can it get? Have a look at these charts folks over at Calulated Risk. They're sobering - and if the lawlessness does not stop we are just getting started. Comments
Friday, February 27. 2009"Our Tier 1 Ratio Is Strong!"Yeah, but your balance sheet is full of lies. Reported this afternoon: Citibank: Carrying loans on book at $660.9 billion; 10K filed today discloses that "fair value" is $642.7 billion - a "discrepancy" of $18.2 billion dollars. Bank America: Carrying loans on book at $886.2 billion; "fair value" of $841.6 billion, a shortfall of $44 billion. Wells Fargo: Carrying on book at $843.8 billion; "fair value" of $829.6 billion, a discrepancy of $14 billion. This is all off 10Ks filed this afternoon - after the market closed - and referring to earnings reported during the last quarter's releases. Maybe someone can tell me why:
Folks, we are sitting this evening below critical support levels. This sort of "tape bomb" is exactly the sort of thing that can crash a market in this condition and it is exactly what I was talking about last night in my speech - the fact that our capital markets have become nothing other than a liars den where the fabrication of the day is trotted out, thereby making it absolutely impossible for any investor to value companies. I see no way to invest in this environment and it is not possible to hold a trade beyond the closing bell either. As for you President Obama and your claim of a "transparent administration" and "honesty", well, I allege that you're lying through your teeth. Let me explain how serious this situation in the markets is. A huge number of big multinational companies - firms that have so far held up reasonably well in the indices (and in fact are all that is holding up the indices) have tremendous unfunded pension obligations on their books. These firms have in many cases seen half of their net equity value destroyed due to MTM losses on these funds. These liabilities can only be discharged through a bankruptcy (transferring them to the PBGC), and yet that would wipe out their common stockholders. Now here is your exercise for the weekend:
Make sure you're sitting down when you do this computation. President Obama and the rest of the clown-car brigade in Washington DC - you have until Sunday Night when the Asian Markets open before this last charade likely translates over into those markets. If that happens, and Europe has another day like it did today, the odds are we will open down so far off the support levels that were breached today that we will simply have no bid in large parts of the market - quite possibly including Treasuries and equities. You own it Barack, along with the insane ramp in unemployment that will result. Oh, and the GDP revision (which you knew about I'm sure) is already worse than the "stress test" you intend to impose; you are already running under too rosy of a scenario. You've played smarmy politician one too many times Mr. President. Good luck. Comments
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Thursday, February 26. 2009Remarks Of TickerGuyDelivered this evening at Accuracy In Media's awards dinner in concert with receipt of AIM's 2009 Reed Irvine Award for Grassroots Journalism. I’d like to thank Accuracy In Media for this honor; an honor that two years ago, when I began The Market Ticker, I could have never envisioned being bestowed upon me. The Market Ticker began after the Asian Market Crash of early 2007 when I began reading first quarter financial reports, including those of many banks that made subprime and “liar” loans. The outrageous accounting treatment that I found within led me to start writing, and as our current financial crisis deepened the web of falsehoods and fabrications has grown along with it. Much has been written about the Community Reinvestment Act, about the role of campaign contributions and PACs, and about what can, quite frankly, be considered corruption both on Wall Street and in Washington DC that brought about the destruction of our securitized credit markets, a 50% decline in the stock market and both the inflation of and subsequent popping of the housing bubble. The Market Ticker serves as a chronology of many of these events as they have unfolded, including the “back stories” that you do not find in The Wall Street Journal. But this evening I would like to challenge those here and indeed all Americans: How does a nation with a strong conservative political presence allow this to happen? Does not conservatism rest on the principle of the rule of law rather than the rule of man? Do conservatives not argue daily for truth, justice, hard work and, as Ronald Reagan said, “rugged individualism”? Is not the conservative movement supposed to be about full transparency in both government and finance, not layer upon layer of intentional obfuscation, deception and lies? How did half of our nation’s population – the half that defines itself as conservative or moderate with conservative leanings – come to believe that it was ok to lie on a mortgage application? To put together thousands of loans into securities that were so complex that the printed documentation spanned thousands of pages? To sell a mortgage to a consumer knowing full well they could not pay. To sell a security out the front door to a customer, while shorting it in the next room? How is it that our government has become so corrupt that Stanford Financial, now accused of a massive fraud spanning more than a decade, gave $250,000 to the Republican Senatorial Campaign – and nearly a million to the Democrats? Their lobbying successfully killed a bill that might have uncovered their alleged fraud years ago – in a Senate Committee. Partly as a consequence, over $8 billion in uninsured CDs held by Americans appears to have disappeared. Someone clearly got the best government money can buy, but it certainly wasn’t us. How did Congress look the other way while our nation’s leaders – allegedly conservatives themselves - locked senators and representatives in a room one dark September night and predicted the end of the world unless Henry Paulson was given a blank check for $700 billion dollars that this nation did not have and would have to borrow? We have descended the economic slope to where we are today because we, as Americans and conservatives, were willing to tolerate “just one little lie” in the pursuit of profit. As we have now seen, one little lie, repeated often enough, becomes one gigantic mess. Private capital has fled our nation’s markets not only because of loss, but because of fraud, corruption and the willful blindness of our legislators and regulators. That capital, contrary to popular understanding, forms the foundation of our credit markets; fully 2/3rds of all lent and invested capital does not come from banks, but rather from private investors and sovereign funds. Our stock market has collapsed not because of economic recession but because that capital has retreated overseas or into the mattress where it cannot be stolen by those on Wall Street through their willing and complicit enablers in Washington DC. Without that capital available to fund our economy, which government is incapable of replacing, we will experience a depression greater than the 1930s. We have a challenge before us as a nation and as Conservatives in particular: to tell the truth, to once again stand for law and order, and to demand that “the bezzle”, or the undercurrent of fraud and deceit in our markets, be met not with a wink and a nod, but with indictment, prosecution and imprisonment. Ronald Reagan called upon us to express our spirit of rugged individualism and free enterprise as Americans. He rolls in his grave tonight, along with Alexander Hamilton, our first Treasury Secretary, at the abuses visited upon our nation over the last decade in our markets and government. I stand here this evening to call Conservatives throughout this nation to action – to refuse to tolerate that “tiny little lie” any longer. To flush out the fraud, abuse and concealment in all things financial, whether in government or private enterprise. To restore the soundness of our capital markets not by borrowing trillions of dollars we do not have and showering it upon wall street and main street alike, but by demanding that every balance sheet be transparent, every financial statement truthful and complete, and every transaction honest and easily understood. Our nation can get through this difficult time. We can rebuild our capital markets and restore the health of our finances, both as a nation and individually. To do so we must recognize that whether we are a government or an individual it is not possible to spend more than we make, that you cannot borrow your way to prosperity, and that we can only retain and grow our nation’s birthright as the bastion of capitalism so long as the rule of law triumphs over those who would lie, cheat and steal for a buck. May we find it within ourselves to put these principles into action, and restore America’s status as the world’s economic engine. I look forward to the day that The Market Ticker will no longer have a purpose in providing commentary on the obfuscations of our government in matters economic along with the malfeasance and misfeasance of robber barons disguised as capitalists. With the help of Conservatives everywhere, that day, along with a return to prosperity for our great nation, will arrive soon. Thank you. Comments
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Thursday, February 26. 2009
Posted by Karl Denninger
in Macro Economics
at
08:05
(Page 1 of 15, totaling 74 entries) » next page $1.3 Trillion = Rally?!"Never waste a crisis" certainly applies to this "budget." Have we become subprime as a nation? It appears that way. $1.3 trillion is somewhere around 10% of GDP and is almost certainly understated (it always is), which means you and I should expect the deficit for next fiscal year to top $2 trillion in red ink - or a roughly 20% increase in the national debt. IF the world will let us borrow that much from them and IF we do not garner ourselves a sovereign downgrade as a consequence of this gambit - a bet I'm not so sure I'd be willing to take. To put that in perspective this is somewhere in the neighborhood of the entirety of the FX reserves of China and Japan, plus a few other nations (depending on how far "over" we wind up.) I thought I read somewhere that China and Japan, however, were having their own recessions (or worse.) Has anyone in this country thought about the possibility that these nations might need their reserves for their own people? Apparently not. There's another $250 billion in that figure for a "future" financial rescue program; taking that back out, however, still leaves the government spending more than 30% above its income level. We are in this mess precisely because a significant number of individuals in this country managed their personal finances in exactly this sort of irresponsible fashion. Always spending more than they make, they then turned to credit cards and, when those were exhausted, they tapped the ATM embedded in the wall of their house to keep the merry-go-round spinning. As a nation we have learned nothing, and it appears that only when the rest of the world forces us to live within our means (probably about the time they conclude that they need their resources for their own people instead of our profligate money-burning exercises) that we will repent and begin to truly heal as a nation. For today Uncle Sam has chosen to answer the question "Cash or Credit?" with one word: CHINA! (Now we know what Hillary was doing over there, eh?) Comments
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Thursday, February 26. 2009TickerGuy To Receive AIM Award at CPACWASHINGTON, February 25, 2009—Accuracy in Media will honor M. Stanton Evans and Karl S. Denninger for their outstanding contributions to journalism in a ceremony taking place during the 2009 Conservative Political Action Conference (CPAC). The Reed Irvine Accuracy in Media Award is named for AIM’s founder, Reed Irvine, who was America’s first media watchdog. “I am thrilled to recognize the excellent work of Stan Evans and Karl Denninger,” said Don Irvine, chairman of Accuracy in Media. “When my father started AIM 40 years ago, few would have believed that one day independent journalists like Stan and Karl would be empowered to stand up to the elite media by reporting the ‘other side’ of important stories. Stan Evans’ investigative reporting into the media’s vilification of Senator Joe McCarthy was truly groundbreaking, and Karl Denninger has been a force to be reckoned with in exposing the true cost of federal bailouts and stimulus measures.” WHO: M. Stanton Evans, Author of Blacklisted by History: The Untold Story of Senator Joe McCarthy and His Fight Against America's Enemies & contributing editor at Human Events; and Karl S. Denninger, Founder of The Market Ticker blog (market-ticker.org) & capital markets trader WHAT: Reed Irvine Accuracy in Media Awards WHEN: Thursday, February 26, 2009, 5:00 p.m. to 6:30 p.m. WHERE: Omni Shoreham Hotel, Empire Room, 2500 Calvert Street, NW, Washington, DC WHY: The Reed Irvine Accuracy in Media Award was established in 2005 to honor those who have made outstanding contributions to the practice of journalism in the tradition of Reed Irvine by independently covering and reporting on news that was misreported or ignored by the mainstream press. The Reed Irvine Accuracy in Media Award ceremony is open to the press and the public. Accuracy in Media is a citizens' media watchdog organization whose mission is to promote fairness, balance, and accuracy in news reporting. Founded in 1969, AIM is America’s first non-profit press watchdog group. For more information, please visit www.aim.org. To RSVP or for further information, contact Sarah Schaerr Norton at (202) 364-4401 ext. 107 or sarah.schaerr@aim.org . Comments
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