…TB has no idea what you thought he was getting at but isn’t this a great football analogy: we (investors), have the ball…the last down was brutal in which we were blitzed and our QB (Bernanke) fell out of the pocket and backpedaled only to be tackled on the one yard line. Then the whistle blew, “two minute warning!”. This gave us time to regroup, take a quick look at the sickening instant replay on the huge monitor over the end zone, but fortunately our quarterback gave his usual wry smile and we huddled. Huddled from the cold, and the Bronx cheers of the fans…”remember,” Big Ben said, “it is only the end of the first half…and I still have a couple of plays in my quiver”…great! We are getting crucified and Ben is talking about bows and arrows. “I know you are skeptical, but I have a couple of plays the Bears don’t”…TB is so shaken up at this point he can’t remember if we are the Patriots or the Giants! Well, Ben, this would be a good time to use them as we haven’t had a decent play since the first quarter when you caught the Bears off guard!…briefly…and they have been on us like flies on manure ever since.
TB is sure you would all like him to complete the story with a happy ending for investors, but this is real time and it hasn’t been scripted yet…and then there will be the locker room pep talk at half time before we take the field again to booing fans and either they will end cheering our victory or calling for our heads! The Bears are always tough competitors!
This is much more than an analogy about football…and even a football game…this is ‘gaming’ for the future of the financial markets globally…and something needs to be done soon…the last two minutes would be a good time to narrow the scoring gap which looks dismal.
It is now time for a rehash of TB’s latest tirade that keeps getting stronger and stronger, yet no one seems to give a rat’s patooty about what he is saying. Indeed, on Friday, the Kudlow gang was touting how capitalism does best with little regulation…look at Sarbanes-Oxley and how it has been an over-reaction “to a few mistakes by Enron”…seriously! True, it was overkill but where was the SEC in preventing it?…the same place it is right now having failed to do anything more than put a long time frame on naked shorts and removed the ‘uptick’ rule which in TB’s mind would have prevented Friday’s massacre. But the market was only down 107 points you say, 0.9%…yes but it was down 495 points on the week or 4.4%, and -7.8% over the last two weeks…950 points! Final NYSE Volume was 2.3B shares, highest since 3/20…that is when the volume began to fall off…and fifth highest of the year …eclipses that 1.7B April Fool’s rally!…how many times has TB pointed to the rallies being on much lower volume than the routs? Also, for the third straight quarter, the market has been trashed in the final five days…generally starting right after the last day for T+3 settlement for quarterend? Volume was slightly higher each day last week and both Thursday and Friday had huge volume on the close…when you are going down that is a sign of a continuance at least into the next session…with today being end of quarter it will definitely not be a boring session.
As shown in the summary however Advance/Declines and Breadth were not that negative…both categories averaged -1.5:1, despite the ratio of new 52 week highs to lows being -9:1, but even that was an improvement from more than -13:1 on Thursday. But here is the outlier: with a market that was simply going down all day…no 50% retracement in sign…volatility on BOTH the VIX and VXN declined by 2% and 1.3% respectively…and after both were in striking distance of the negative 25 and 30 levels. Was it because of quarterend?…or was it because of buying more out of the money calls than puts? One will have to watch the data closely next week to see if volatility rises again…but given the sentiment on Friday it is highly unlikely that there was a bullish bent! So as not to scare anyone…as we came to the brink of a bear market….why is that so hard to say…just as we have avoided the ugly ‘R’ word?
Now to TB’s biggest gripe: regulators not doing their job…and as usual this is due to an Administration who feels less is more…no rational company would do anything negative to it’s long term interests. But that masks the differences between investors and speculators and boards of directors who are woefully lacking in their stewardship of the companies they serve on…for the protection of shareholders. Ever since we got on this track of “if you don’t like the way we are running the company, sell it”, the long term investor has been disenfranchised. Is this the way American business operates? Apparently so, because even after Bob Nardelli lost his head for not allowing the directors to attend the shareholder meeting, Washington Mutual held their meeting without allowing shareholder questions! That takes gall when you have made blatant mistakes that have cost shareholders billions and all you can say is you plan to step up your credit card program…just as everyone else is restricting theirs in anticipation of heavy losses in that area. Meanwhile, on Tuesday, Bank of America will own title to Countrywide…and just as the ink dries there are at least three suits filed by states accusing fraud…this means they would assume liability for those suits…unlike the JPMorgan takeover of the Bear.
Who in their right mind believes that companies…most LARGE companies…care what happens 5 or 10 years down the road?…well, of course they care but their foremost concern is the present…then next quarter and the fiscal year. Keep those bonuses coming in boys and girls. Even 20 years ago and more, companies didn’t always do the right thing if they could get away with it…they skirted and fought against environmental reforms, frequently spending more to avoid them…especially after fines…than they would have to adapt to them…you don’t have to be green…only rational!
So now, having blasted the SEC for poor regulatory work, and the Fed and bank examiners let’s go to the latest culprit…the CFTC…which regulates all over the counter commodities trading…well almost all. Although TB has said this before, an article by Gene Epstein in this week’s Barron’s, A Simple Old Reg That Needs Dusting Off, makes several points that are crucial to this argument and TB strongly suggests you read it…if you don’t subscribe, TB will gladly forward it to you…it is that important. Here are the key points:
1. The Fed’s statement last week of increasing inflation concern ties in directly to excess speculation in the commodities markets.
2. Rather than paint speculators in a bad light…they serve a true purpose of clearing markets, Epstein suggests the CFTC should merely enforce rules that have been on the books since 1936.
*whereas commercials and speculators have limits (about 2% of open interest), banks are being allowed to purchase or sell short unlimited amounts on the theory that they are hedges.
*yet the CFTC defines a hedge as only one against the physical commodity, thus creating a derivative swap with a commodity index fund would and should not qualify.
*an index fund by definition is an investor not a speculator…it does not react to market fundamentals or technical factors…only to flows in and out of the fund.
*with pension funds scraping for returns they have flocked to the commodities index funds and that is what is distorting supply and demand, yet the blame is placed on China and India…a factor yes, but only a portion of the problem.
*we are constantly told that they are a zero sum game and that hardly anyone takes delivery, most are settled in the final days before options expiration or else rolled out to a later month.
*but in the case of indexers they just keep buying more contracts and rolling the front months so the price does not reflect reality but speculation.
*the reason is that the total size of the commodities markets is only about $960 billion versus the stock market, even after a major selloff of more tan $13 trillion
*a specific example of this ‘overtrading’ is in wheat alone is nearly 60% of the domestic wheat crop!
*Jill Sommers, a CFTC commissioner, is a former Head of Government Affairs at the International Swaps and Derivatives Association…could she be persuading the others to not enforce the regulations?
*the mere announcement of an intention to enforce would reduce the willingness of swaps traders to enter into agreements and thus begin to drive down prices…implementation would have to be scaled in over a period of months or even a year and even so would cause the swaps traders serious pain, but that is not the problem of the marketplace…note that it is the same firms and banks that created all those mortgage and subprime loan derivatives that are profiting from not enforcing the rules: read JPMorgan!
TB would never have believed he would be against free markets but we cannot allow our financial markets to be destroyed for the benefit of a few…if rules and laws are not enforced they destroy respect for the entire process. TB is open to any and all views…dissenting or otherwise.
TB will be on the road all this week, which is why the column is being published early but will try to provide commentaries as time and Internet connections allow. Have you asked yourself why as energy prices rose, until recently, transportation stocks performed so well…and more importantly why despite surging to new record high, many energy stocks are showing signs of weakness?
A dear relative owns a stock Tel Offshore Trust (TELOZ). It has a 12 mo return of 232% despite declining by 25% Friday (-35% at the intraday low). As the stock went up TB was frequently asked if he should purchase more…at one time the stock fell 20% and we reduced the position in half, but then it rallied back over the last 3 months to a high of $42.87 on FRIDAY…TB always replied that there was absolutely no news or increased volume to support the rise in valuation. So what happened on Friday? It was the last day before going ex-dividend and the yield is 7.4% (indicated), down from 9.3% over the past 12 months. Thus, it became a dividend recapture and the volume on Friday was 844,000 shares, not only a new high but about equal to the sum of the five highest trading days of the past six months! The stock plunged to halfway between the 40 and 200 day moving averages and closed 2 below the 40 day. This is the kind of market we are in!…and it is an energy stock!
TGIF was TB’s closing remark Friday…but now it is Monday, midyear, and things are looking less than stellar. Perhaps it is time to hang Old Glory upside down on July Fourth…hopefully somebody, other than Congress, will do something to prevent an American tragedy of global proportions.
Americans are optimistic and resourceful…if we ever needed that the time is now…time to beat the Bears!