TB’s commentary can also be accessed at his blog www.traderbill.com with the market summary updated usually by 6pm EDT, overnight markets at 7:30am, and then followed by the daily commentary. It also has an index of other features…you can put cursor on calendar date and by clicking get column for that date…back to Nov.! Over 21,600 hits since 11/9/07. TB
…in a surprising counterattack, Bernie Madoff has filed a civil suit against Christopher Cox claiming among other things that had the SEC done it’s job, none of this would have happened. The impetus for the suit was the following interview with Cox:
“What we have done in this current turmoil is stay calm, which has been our greatest contribution,” said Cox who has been criticized for failing to respond aggressively to the financial collapse, while the U.S. Treasury and the Federal Reserve scrambled to assemble solutions, the Washington Post reported Wednesday.
“There were panicked cries to change any and every rule of the marketplace;’ let’s try this, let’s try this. Let’s try that.’ What was needed was a steady hand,” he said, referring to his colleagues reaction to the financial crisis.
Cox told the Post the SEC had done ‘everything we can during the last several years to make sure that people undertand there’s a strong cop on the beat.”
Well, as you might guess, Bernie went simply apoplectic at this knowing of the letters that had been written by knowledgeable investors directly to the SEC that were never investigated. See, to his reasoning, it was the SEC’s responsibility to save him, and his investors from himself, hence the lawsuit. (this is a spoof, except for the Cox interview which one could not make up), but there was also a lawsuit filed against the SEC on behalf of some of Madoff’s investors claiming dereliction of duty.
As for TB, you all know where he stands on Cox and most strongly agree. But rather than have a ‘steady hand’, he was asleep at the switch. Rather than ‘try this, or try that’ the last thing he did (other than his stupid suspension of all short sales rather than NAKED short sales, wasn’t that a knee jerk reaction?…also it is the one thing Cox says he erred on…only one???) was to remove the uptick rule rather than change it to 10 ticks saying it was obsolete…then he put out a deficiency report on naked shorts that still was not enforced until stock prices had fallen so far only a fool would remain short!
What else did Cox do? He chastised the enforcement division for not discovering the Madoff scam…the same unit he publicly disgraced before the media a few years back for being too aggressive…the buck stops….there! Also, according to the Washington Post he took Dick Cheney’s admonishment to not enforce shareholder rights to heart…as not only did they not audit a single Big Five broker but they allowed companies to ignore shareholder resolutions, including have a director nominated by the shareholders…after all the directors are the stewards for the shareholders so who needs one appointed by them, right? That interlocking club of directors, each supporting the others as CEO of their own companies allowed executive compensation to soar while failing to protect shareholder interests as they are bound to do. Thank you Milton Friedman for not factoring pernicious greed into your equation for free market capitalism…it is you who laid the cornerstone for this mess…and the University of Chicago who turned out all those acolytes who went on to get rich due to a total lack of regulation, when just a modicum of regulation could have prevented this entire mess.
Cox can say what he will…but history will regard him as a fool and a buffoon and one more reason for the severity of the collapse. At least the CFTC finally stopped the unlimited positions of commercial banks in commodities futures…and the result of that was the unprecedented rise in all commodities prices which peaked when they quietly disallowed it…thank you Citi and JPM for being complicit in turning a disaster of your own doing…subprime and other derivatives including credit default swaps and interest rate swaps (to unsuspecting municipalities and we will see bankruptcies due to this), into a crisis of epic proportions. Meanwhile, you and TB…the taxpayers…are pumping in all the money we can to keep them afloat…and what are we getting for it? Zip!
Hopefully the new SEC Chairman, Mary Shapiro, can do something more than sit around while Rome burns…and that one way or other all securities regulation is combined under one agency while the Fed has responsibility for regulating brokers and banks…and all do their job. History will also find that the Bush Administration was the perpetrator of this.
Special awards to Larry Kudlow and the other neocons who told us repeatedly that the subprime crisis was nothing as subprime loans were less than 5% of total loans and only about 0.5% of all mortgages default…their advice: do nothing…let those who acted improperly fail…and they have never admitted they were wrong or where the economy would be right now had they prevailed. Nobody approves of the bailouts…but any sane person knows that the alternative would have been catastrophic…and still might be! Also, to Jim Cramer and the strategists who told you to buy all the way down and continue to tell you to buy…at least now they are saying be selective…in the manner TB has suggested for nearly a year: bonds, preferred stocks and dividend paying stocks with the earnings to sustain those dividends…shun growth stocks for now as rather than the six months or so remaining (based on the ‘average’ length of a stock market decline or recession, when we are having a once in a hundred years…or more…event…averages mean nothing in this environment and ignore the fact that we have been on a borrowing binge for twenty-five years! We are also forgetting the baby boomers who hold the bulk of investment wealth who want to retire, scale down their home size, maintain their standard of living, and now, having seen their net worth decline by 25-50% or more, are rethinking retirement, which will impact younger workers in the food chain.
We must reduce debt and relearn (some learn for the first time) how to save and in an economy based on consumption equal to more than 70% of GDP that will be a painful experience, but one, which if ignored will cause even more pain later on. There are no simple answers.
So a Happy New Year to Bush, Cheney, Rumsfeld, all the regulators, the companies, their lobbyists, the corrupt Representatives (of themselves, not the people), Senators, Governors, Wall Street execs, some hedge fund and private equity managers, without whose concerted help 2008 would not have been such a dismal failure…and 2009 would not be such a challenge for the new Administration and the people of the world.
All the best to all of you!
Trader Bill
Trader Bill thinks it is clear to anyone reading these missives that they are merely commentaries…as he sees it…and do not necessarily reflect the views of anyone other than his own. Information is gathered from sources he has found reliable, but no guarantees of accuracy are implied. These are merely observations of events in the marketplace offering in an attempt to offer a non-mainstream viewpoint. Hope you find it useful. Copyright TBD Capital LLC December 25, 2008.