Financial System Regulation
Congress passed the Dodd-Frank Financial reform bill last week. The following articles provide a good synopsis of what is included in the final bill:
Congress passed the Dodd-Frank Financial reform bill last week. The following articles provide a good synopsis of what is included in the final bill:
We hope your summer is going well.
Now that we’ve reached the mid-point of 2010, we thought this would be a good time to look back at our list of Top 10 Themes for 2010 and see how our predictions have fared. We’ve attached this list with an assessment of each of our calls.
Like the recent quarters that have preceded it, the second quarter of 2010 was very eventful. On April 16th, the SEC dropped a bombshell when it filed a civil lawsuit against Goldman Sachs charging the firm with fraud over its marketing of a 2007 subprime mortgage product known as ABACUS. The lawsuit shocked many in the financial services industry as it demonstrated the SEC was getting serious (though many have argued too little too late) about holding the larger firms accountable for questionable business practices that helped accelerate the subprime meltdown. As a result, Goldman’s reputation has taken a major hit and the firm’s share price has fallen over 30% since the lawsuit was first announced. The lawsuit helped set the stage for the financial reform bill now working its way through Congress. And while the White House and Congress have repeatedly denied any knowledge of the SEC’s lawsuit prior to its announcement, the timing of the suit certainly didn’t hurt the bill’s chances of being passed.
On April 20th, an explosion on the Deep Horizon oil rig in the Gulf of Mexico destroyed the platform, killed 11 workers and ruptured a riser pipe on the ocean floor that continues to leak oil and gas into the Gulf of Mexico as of this writing. While initial reports downplayed the severity and extent of the leak, the world quickly learned how devastating this disaster would become after several attempts to staunch the flow failed. The only viable solution now appears to be the two relief wells BP is digging, which are still several weeks from completion. The spill, which is now the largest ever to originate in US waters, will no doubt have long term environmental and economic consequences for the gulf region. In the short term, we will likely see the spill become a focal point for the coming energy bill as well as the November mid-term elections.
May 6th marked the day of the now infamous Flash Crash. At approximately 2:45 pm, the Dow Jones Industrial Average lost over 700 points in a matter of minutes, only to regain those losses several minutes later. At one point, the Dow was down 998.5 points, which represented the largest intraday point decline in history and temporarily wiped out over $1 trillion in market value. The cause of the crash has been vigorously debated, but many agree the central problem was an issue of liquidity (traders willing to buy and sell stock in quantity at the prevailing price). Today, much of the stock market liquidity is provided by high-frequency traders (HFTs) – computer-driven algorithms used by firms trading at speeds measured in the millionth of a second. While these HFTs provide liquidity during most normal market conditions, they are not always required to participate in the market (their primary objective is to turn a profit, not to maintain orderly markets). Many critics have suggested that something like the flash crash could occur if a group of these HFTs stop trading simultaneously. The SEC has since instituted system-wide trading curbs or “circuit breakers” on any S&P 500 stock that rises or falls more than 10% in a five minute period. It remains to be seen whether or not these measures will prevent another Flash Crash.
In addition to the above the highlights, the quarter also saw a further deterioration in the European sovereign debt crisis, a sustained correction in global equity markets and a some less than stellar economic data from China.
But not all the news is bad!
On a personal note, this past quarter also marked the first year anniversary of Washington Square Capital Management (on May 15th). This past year has been memorable (to say the least) and we wanted to thank you again for your commitment to work with us – we recognize that none of this would have been possible without you.
Memorial Day Weekend also marked the marriage of Subir to Molly Barker. There were two weddings: an Episcopal service held on Friday May 28th in New York City and a Sikh service held in Glen Cove, NY on Sunday May 30th.
We look forward to speaking with you during our quarterly review.
In our last few letters, we have discussed the extraordinary measures undertaken by governments across the world to support aggregate demand, and the extensive borrowing required to do this. Over the past three months, both of these issues have been thrown into stark relief by events.
The dramatic and extremely sudden deterioration of Greek sovereign credit in the marketplace forced the European Central Bank (ECB) into a rapid about-face. Germany’s elected representatives blinked and committed to a vast fund to support Mediterranean nations. Very few people expected to see the IMF lead a rescue package for European Monetary Union member-states in their life-times. Eroding confidence in the ECB and EMU led to a deterioration in the value of the Euro as talk of this currency supplanting the US Dollar as the new global reserve currency did a sharp 180 degree turn and even sober commentators began to talk of a break-up of the European monetary union and the Euro’s death. Meanwhile, bond-holders have turned their sights on the increasingly precarious state of sovereign balance sheets in most of the developed world. Shocked by the speed with which Greek bonds lost value, most bond buyers are thinking seriously about sovereign credit risk in the developed world, awakening from a period that lasted two generations during which these risks were largely ignored. Meanwhile, treasury officials the world over review the results of their bond auctions nervously, wary of any sign of demand slacking. In many cases, their own central banks are becoming the most reliable buyers or financiers of new debt.
Three months ago, we wrote in an earlier post:
Numerous stimulus programs across the world will also be removed over the course of this year, including bank loan fueled infrastructure spending in China. As the global economy has these crutches removed, we will watch with great interest to see how severe the damage to core private enterprise has been.
We believe this process has begun and the initial signs do not augur well for the global economy. We have seen a debate re-kindled recently about whether the withdrawal of stimulus at this juncture is a repeat of “errors” made in the 1930s, when stimulus spending was reduced to control deficits. However, with aggregate debt levels in the developed world as high as they are, we see few alternatives to a steady reduction of the extraordinary fiscal and monetary measures undertaken to control the crisis.
We also feel it’s necessary to discuss the “Flash Crash” of May 6th. In our blog post the next day, we wrote that:
Since US equity market prices are far higher than underlying valuation (according to our measures) we were not surprised by the extent of the drop. But we were very surprised by the speed at which the drop occurred, as well as the speed of the partial recovery. It reminded us of the precipitous declines and partial reversals we saw during the height of the credit crisis in 2008 and 2009. …
Though the US equity markets are receiving most of the attention, they are not the only source of the current volatility. Numerous other markets saw immense turbulence yesterday, including, but not limited to, overnight funding (libor), treasuries and particularly currency markets. …
The major conclusions we draw from the trading action of the past week is that:
- Numerous market participants have limited conviction and their default stance is to step aside quickly in a falling market.
- The Euro-zone crisis will continue to roil markets until it is properly addressed.
- There are many underlying concerns about commodity prices, Chinese real-estate prices, credit-worthiness, etc. and they can manifest themselves very quickly.
Given the information we have, and our view of overall valuations, we caution investors to remain extremely vigilant and maintain a defensive posture.
All three major indices, Dow Jones Industrials, S&P 500 and Nasdaq composite closed out this quarter below the intraday lows reached that day. The ten-year treasury is now below 3%, and no amount of commentary on US federal and municipal debt-levels appear to impact the decline. Meanwhile, the Baltic Dry Index has dipped below 2500 again (amidst talk of expanding fleets and falling Chinese imports). Speaking of China, we see more commentators openly questioning the solvency of Chinese banks and the reasons behind big IPOs. All of this underpinned by the fact that unemployment and underemployment rates in western countries remain stubbornly high.
Not only is it increasingly difficult to write off the events of May 6th as a mere technicality, we believe that sudden decline has lead to deep distrust and uncertainty amongst investors. Investors were already wary of fundamental economic and market conditions, the flash crash gave them reason to cast suspicion on the technical organization of the market. This coupled with the SEC’s indictment of the premier US Bank, Goldman Sachs on charges of fraud, has fueled suspicion of large player’s motives and methods. Many individual investors now believe the market is rigged against them, for the benefit of the largest trading firms and their most senior traders. In our view, it was always thus. Professional traders, whether they be electronic market-makers or specialists on the trading floor have always enjoyed a privileged position, which is completely appropriate given their role as liquidity providers and their responsibility to maintain orderly markets. What we find difficult to accept is the extension of these privileges new players, without them being asked to shoulder the same responsibilities.
We do not see many silver linings amidst a climate of mutual suspicion and bad news.
A series of measures were announced today to provide support for troubled Euro-zone states. The broad outline of the plan is that the European Union (EU) and the International Monetary Fund (IMF) are committing almost $1 trillion to support bond issues by Euro-zone states. We see three reasons to question the initial market euphoria surrounding this announcement:
A number of the fundamental issues raised as our generation’s financial crisis runs its course are summarized in an excellent Statfor piece titled The Global Crisis of Legitimacy.
In other news, Moody’s announced they may downgrade Greece to junk-bond status (S&P already has). The European Central Bank (ECB) has announced they will buy these junk-rated bonds and the prevailing mood in Europe is to blame the rating agencies and banks for the debt woes of profligate member nations. The ECB’s reputation for monetary stability and responsibility has been deeply compromised by this weekend’s announcement, and we fear it will be impossible to regain in the short-term.
The sovereign credit crisis in Europe is not over yet, and the questions surrounding the Euro have not been laid to rest.
Further reading: