(originally published on December 22, 2007)
The news flow this week was a contrast of sorts; Bear Stearns suffered its first loss making quarter in its 84 year history with a $6.9 per share loss not even coming close to the $1.79 loss estimated by Thomson Financial. Events at Morgan Stanley were even more bizarre with the bank reporting its first ever quarterly loss due to a massive $9.4Bn write-down, that necessitated a $5Bn infusion from a Chinese sovereign wealth fund. Expectations of a big 4Q write-down at Merrill Lynch forced it to seek a $5Bn liquidity infusion from Singapore's state-owned investment wing Temasek Holdings. On the other hand, Goldman Sachs surprised the street with a stellar set of numbers driven by robust performance from all of its divisions. RIMM also bolstered sentiments with another phenomenal quarter.
The Commerce Department confirmed this week that GDP grew at an astounding 4.9% in 3Q. But as we have argued before, this data looks artificially inflated because of an exceptionally low price deflator. With inflation again rearing its ugly head last week, it is only reasonable to expect both 'reported' and 'actual' GDP growth to suffer significantly in 4Q. Consumer spending rose at an higher-than-forecast 1.1% pace in November as shoppers reportedly took advantage of early holiday discounts. But commentary from Circuit City, Best Buy and other retailers did not evoke the same optimism. Weekly surveys indicate that the November shopping binge may not sustain. ShopperTrak believes that holiday sales posted their third straight weekly decline in the week ended December 15. National Retail Federation estimates that this year's holiday season could be the weakest since 2002. A private report indicated that consumer sentiment slid to its lowest level in over two years in November.
Further, the Conference Board's index of leading economic indicators, a keenly watched measure, fell for the third time in four months and fourth time in six months, stopping just short of signaling a recession. Bill Gross, manager of the world's largest bond fund at PIMCO, commented this week that the economy may have already slipped into a recession this month.
The front-line indexes staged a minor bounce back this week, retracing some of the losses over the past two weeks. But could this be one of Santa's gifts this Christmas? Could the concerted efforts from the central banks of the world do the improbable? Are we indeed headed for a recession next year? When traders settle down after their holidays, fresh cues are likely to emerge that would help us gauge the prevailing mood of the markets and answer many of the questions dancing in our minds. We prefer to enjoy the holidays for now, knowing fully well that we are likely to have an exciting, albeit challenging, time forecasting financial markets in 2008.
This week we look at how the buck of sub-prime losses is being passed between two equally culpable parties, how the Treasury-supported 'Super SIV' plan met its demise, long overdue but significant mortgage reforms instituted by the Fed and an account of a remarkably creative act of central banking
Barclays Plc, the UK banking giant, became the first big plaintiff against the major Wall Street brokerage houses this week after being stung badly by the collapse of two big hedge funds run by Bear Stearns this summer. Barclays is now suing Bear and two of its fund managers, claiming among other things that Bear misled it about the performance of its highly leveraged funds. Barclays lent roughly $400M to the BSAM enhanced fund, which eventually collapsed, taking with it nearly $1.6Bn in losses. The Barclays complaint alleges that the desperate state of the funds were concealed, even as false promises about savvy risk management and open communication were given, treating it as a naive player that was an 'easy liquidity source'. Federal criminal prosecutors are also investigating the collapse of these funds to determine whether fund manager Ralph Cioffi improperly withdrew about $2M of his own money from the riskier of the two hedge funds into another fund with a separate investment strategy even as he made optimistic forecasts about the portfolio's prospects.
Along with highlighting poor risk management practices and very little regulatory oversight, this episode also unearths the plain ignorance about the complexity of structured products even amongst supposedly the most sophisticated of investors. Clearly this is not the end of the story. And whoever wins this battle, this episode will be remembered as the poster of the excesses that eventually led to a near-freeze of the credit markets this summer.
As was pointed out by this author earlier, the 'Super SIV' has indeed run into trouble. Citigroup, Bank of America and JP Morgan Chase, who had initially backed the Treasury-backed idea to buy assets from cash-strapped SIVs, announced this week that the fund was 'not needed at this time' . This comes after HSBC, Citigroup, MBIA and others arranged their own bailout plans (only Germany's Dresdner Bank and BMO Financial Group have not yet moved to restructure their SIVs). The statement also indicated that SIVs had reduced their holdings to less than $265Bn in December from $340Bn during the summer. Moody's recently estimated that the average net asset values of SIVs tumbled to 55% in November from 71% a month ago and 102% in June.
The delay in getting the proposal off the ground possibly caused its own demise as events in credit markets went from bad to worse. We had believed that the plan was based on the flawed notion that the fund would pay more for the sub-prime tainted securities than the banks would themselves. The feared fire-sale of assets never happened as most large banks (notably Citigroup and HSBC) decided to take SIV assets and liabilities onto their own balance sheets. However, the proposal probably had the intended effort without ever being implemented; it possibly prevented a panic and boosted market confidence before a more effective remedial action could be thought of.
The Fed on the button
In the biggest regulatory initiative since Chairman Ben Bernanke took office in February last year, the Federal Reserve proposed new rules for sub-prime mortgages aimed at curbing lending practices that have contributed to a record rise in foreclosures. The new rules put the onus on mortgage companies, regardless of whether they are banks, thrift institutions or independent mortgage companies, to provide 'reasonably reliable evidence' of whether customers can realistically afford their mortgages. Lenders would also be required to disclose hidden sales fees often rolled into interest payments while prohibiting certain types of advertising. If the new rules were violated, borrowers would be able to sue their lenders and seek a limited amount in compensation. The package is broad in scope, covering all high-cost mortgages, defined as loans with rates at least 3 percentage points above a comparable Treasury security for first mortgages.
These proposals mark a sharp change in tack from the Fed's longstanding reluctance to rein in dubious lending practices dating back to Alan Greenspan's tenure at the helm. If you needed an explanation, look no further than Bernanke's accompanying statement,“Unfair and deceptive practices hurt not just borrowers and their families, but entire communities, and, indeed the economy as a whole.” . Unfortunately for the many players affected by one of the biggest financial disasters of the past half-century, the restrictions are about seven years too late!