Moody’s Dangerous Mood Swings

The major rat ing agencies have been

in the thick of credit market disaster. During the housing boom, they failed miserably in evaluating the risk associated with mortgage backed bonds and their derivatives. Their failure resulted in bonds with junk quality risk, getting investment grade, even pristine AAA ratings. This cost investors all over the world billions in losses, and precipitated the current crisis.

The rating agencies faced a conflict of interest; they were hired and paid by the same banks that were issuing the bonds and benefited from the investment grade ratings. The banks needed the imprimatur of two out of the three major rating agencies (S&P, Fitch & Moody’s), and could pressurize the agencies to give better ratings to their bonds.


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Trust, Confidence, the Markets and the Federal Government

“Trust” and “Confidence”, or the lack thereof, are being blamed for the current credit crunch. The lack of credit is forcing banks all over the Western world to fail, and states like California and Massachusetts to ask the US Treasury for loans to keep running. Since the Federal Government (the Fed) will be playing a key role in stabilizing the financial markets, it is important that the markets trust the Fed. Trust here does not imply the Fed’s ability to fix the problem overnight; but that they will follow systematic procedures and above all stand by the deals they facilitate.

Lehman Brothers Bankruptcy

The bankruptcy of Lehman Brothers is an interesting study.

Lehman Brothers was allowed to fail when the Treasury made a political decision not to provide support in spite of the NY Fed’s request to intervene. Worse, the bankruptcy filing failed to take into account the global nature of Lehman’s operations and the worldwide cascading effect it will have. Things got to the point where the Prime Minister of England, Gordon Brown, had to make statements requesting the United States to return some $8B which had been transferred to the US from UK, but not sent back after the bankruptcy.

This had the direct effect of leaving many hedge funds in London without access to their money; money Lehman Brothers was in possession of as custodians of their brokerage accounts. This led to the run on the prime-brokerage business of Morgan Stanley (MS) and Goldman Sachs (GS) who as a result were forced to become commercial banks from investment banks.

Another fallout of the Lehman bankruptcy was the run on Money Market funds as investors lost confidence in financial firms, who often rely on short term financing in the commercial paper market; the debt which is purchased by the Money Market funds.
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Credit Market Seizure: Resolution Trust Corp. Redux Now!

The financial markets are in perhaps the most tumultuous week of our lifetime.

The Dow Jones Industrial Average has dropped by more than 400 points twice this week.

Two major bulge bracket investment banks will no longer exist.

Lehman Brothers, unable to convince Washington that it too is too big to fail, is under bankruptcy. Merrill Lynch agreed to be bought by Bank of America. AIG the world’s largest insurer was fortunate enough to convince the NY Fed that it is too big to fail and received an $85B bailout loan from the Fed (10x of the capital Lehman needed), which came at the cost of 80% of its equity.

Investment Banks: Business Model at Risk

With the demise of Lehman and Merrill, the two remaining bulge bracket banks, Goldman Sachs and Morgan Stanley are under extreme pressure. There share prices are plummeting; the credit default swap market is pricing their debt at 60-70c/dollar. Both Goldman and Morgan released profitable quarterly results which topped analyst estimates. Morgan Stanley kept the decline in its earnings to just 7%, a tremendous achievement given the upheaval in the markets. They do not have any significant remaining exposure to the toxic debt which bought down Lehman and weakened Merrill, AIG and Bear Stearns. However, the problem lies in the cost to raise funds.

Without access to the capital provided by the depositor base of a commercial bank, the investment banks are at the mercy of the debt markets.

After forcing Lehman into bankruptcy, the equity market is telling Morgan Stanley and Goldman Sachs to merge with a bank with a depositor base to provide access to capital.

The Lehman bankruptcy also forced counterparties and prime brokerage clients to review their relationship with the two banks.

Deutsche Bank decided to limit the credit default swap trades that expose it to risk of failure of these banks.

As a result counterparties to these banks starting buying CDS protection on the banks themselves as a way to hedge their exposure. News that many prime brokerage clients were also pulling their funds the IBs also contributed to the weakness in their stock price.
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Can Big Oil Balance Shareholder Interest against National Interest?

Earlier this week I had written an article reviewing the proposal to increase the tax Big Oil companies pay on their profits, if they do not invest in alternative and cleaner energy resources. This article dwells further into that issue, especially with regards to the role of Big Oil companies and their ability to balance their shareholder’s interest

against our national interest.

Governments Role in the Free Market

Free market advocates (I am one), believe the government should have a minimal role in managing how any market operates. The winners and losers in any market should be determined purely by market forces, with the government not taking any sides. However, in the real-world, there are very few markets which are truly free of the influence of the government.

The world’s financial markets provide a striking example. Even though the restrictions on the movement of capital across the globe are perhaps at the lowest level ever, the sentiment in the financial markets is heavily influenced by the decisions of central bankers. Bonds issues by the United States Treasury continue to be safe-havens of last resort with the 10 year bond yielding around 4% even when inflation threatens to explode. The Federal Reserve continues to play a vital role as a lender of last resort, trying its best to prevent a collapse of the financial system.

All over the world, industries deemed to be vital to national interest are under some form of government control. In the United States companies providing basic utilities like electricity, natural gas, telecommunications, public transportation etc. are regulated by Public Utility Commissions (PUC) of individual states to provide ensure a reliable supply and stability in prices. These industries are deemed to be essential to the basic functioning of a modern economy and protecting them from the extremes free-markets can take is considered essential. Reducing the uncertainty associated with their availability and pricing, allow other segments of the economy to function better, and increase our overall prosperity.
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Does Big Oil’s Apathy Justify Proposals to Tax Windfall Profits?

Crude Oil’ s

relentless march towards the near term spike target of $150 is now threatening to send the Global Economy into a recession. Big Oil companies

(Exxon-Mobil (XOM), Chevron (CVX), Royal Dutch Shell (RDS.A), BP (BP) and ConocoPhillips (COP)) are in the thick of the controversy as the rising price of oil has seen their profits sky-rocket. Congress smells an opportunity to cut the Federal Deficit and score election year brownie points, and is pondering legislation to impose windfall taxes on Big Oil companies. As expected these bills did not garner enough support to even get to a vote in the Senate and break the Republican filibuster.

Many conservatives and pro-business commentators are aghast at the thought of taxing excess profits. Big Oil companies have increased their public relations campaign against any windfall taxes. Their supporters point out the following:

1. The profit margins of Big Oil companies are not very high compared to other large corporations. Karl Rove recently published an opinion piece in the Wall Street Journal where he dismissed the claims of excess profits by focusing on the fatter profit margins in the technology industry (between 14.5% and 27.5%) versus those in Big Oil (8.3%)

2. Big Oil companies control just 10% of the world’s crude supply. They buy the rest of the crude in the open market and pay market prices.

3. Taxing Big Oil profits will deter them from making future investments in developing new fields

which will further exacerbate the supply squeeze.

4. And finally the fundamental principle that in a capitalist society, the government has no business to determine how much profit is too much.

In this article I will explore the broader context in which the oil industry operates with a focus on our Government’s energy policies.


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Crude Oil: Congress Acts, Iran Hoards, RTX Soars

The spike in the price of crude in May is having the anticipated effect of arousing the Congress in this election year.

Earlier this week, Congress passed a bill with veto-proof margins to suspend intakes into the Strategic Petroleum Reserves till crude oil prices go under $75/barrel and stay there for ninety days.
Enron Loophole: Position Limits

Close at the heels of the SPR bill, the current Farm Bill has provisions which will plug the so-called ‘Enron Loophole’ which allows speculators

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to bypass regulations regarding position limits enforced by the Commodities Futures Trading Commission [CFTC]. The bill again passed with a veto-proof majority.

This bill empowers CFTC to monitor trading on electronic platforms, like the Atlanta based Intercontinental Exchange (ICE), which presently is outside the purview of the CFTC.

ICE, and other similar exchanges, will have to limit the number of contracts a single investing entity can own and will require large traders to report their positions.
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