

My reasoning behind this rationale is deceptively simple and can be summed up to a few bullet points:
And Now the Bad News
Now that I’ve beaten the employment horse to death, here’s the problem. Last Friday, the government released it’s monthly employment figures which showed that companies hire surprisingly few people (83,000 vs. the expected 112,000). Keep in mind that this is the private sector employment number and that, overall, 125,000 employees LOST their jobs – mostly due to census workers being laid off as expected. Furthermore, the overall unemployment rate fell to 9.5% from 9.7%, but that’s likely due to the fact that fewer people are actively searching for jobs and, therefore, are no longer counted as unemployed.
But the real worrisome part here is that employment continues to be the nagging buzz-kill for the economic recovery. We still aren’t seeing the critical mass of hiring that is needed to spur some of the consumer spending increases and the subsequent capital deployment by private companies. The engine is sputtering and just not turning over.
Where to Invest Here
As you’ve probably noticed, the market has been down significantly the last few weeks. This is in large part due to pre-cursor signs of the economic troubles. Interestingly enough, when the actual employment numbers came out last Friday, the market was quiet and didn’t react either way. I think this was mostly due to the fact that investors already had an idea that this was coming as well as the upcoming long weekend. Therefore, I think this week will be a key indicator for the market on investor sentiment to the employment picture. It will either be perceived as a sign of more bad things to come and, hence, a longer term negative for the market (which I think is more likely) OR a buying opportunity since much of the downside may have already been priced in. It’s hard to say either way, but I’m watching the market like a hawk this week for clues on this enigma.
Long-term, though, I really think that an improving jobs picture is going to signal the next leg up in the stock market and the opposite picture will signal the next leg down. Like I said, many of the other economic indicators have been positive (although the factory orders number also came in with poor results which is cause for concern), so there is hope for a recovery here. We just need to get this employment engine revved up!
It’s finally happened. Since the beginning of the financial crisis, there have been victims, criminals, and all around blame scattering. The reasons for this are obvious, and, in some cases, I agreed with the pundits, professors, and politicians (yes…even politicians…I did say ‘some cases’ after all) on where this blame was being placed. However, there was one sub-industry on Wall St. that was conspicuously missing from the scrutiny that the big banks and insurance companies were facing. Since the day I began understanding the mechanisms that caused the near collapse of Wall St., I wondered why this group was not at the center of it all.
Well, I’ll stop the teasing and tell you that the group is the Credit Agencies. I’ve always felt that these agencies, of which there are three major ones (Moody’s, Fitch, and Standard & Poors), played an integral role in the mistakes that allowed the financial crisis to occur. If you recall from previous posts, one of the root causes of the crisis were Mortgage Back Securities that were created by banks and sold to investors. Eventually, the quality of the mortgages that were being put in the securities dwindled drastically. However, investors continued purchasing them. Well, the credit agency’s role is to notify these investors of the quality of the mortgages. They put a credit rating to the security (much like the credit ratings you and I have), and that, in turn, allowed buyers to assess the riskiness of what they’re buying.
However, somewhere along the way, the credit agencies seemed to have gotten short-sighted because the poor quality mortgages that were put into the MBS’s were, in many cases, given good credit ratings, thereby providing investors with a false sense of confidence in what they’re buying.
As you can probably see, the credit ratings were really the checkpoint to make sure that the MBS market didn’t get out of whack like it did. I’ve been wondering for the last 2 years why their feet weren’t being held to the fire. But it finally looks like all that is going to change…
Finally – Some Scrutiny
I’m not going to get into the details of what scrutiny the agencies are now receiving. Although this may seem odd, there’s two simple reasons I do this: 1) I think the investigations are more politically motivated than anything and, therefore, it’s hard to say if there’s going to be any real changes coming out from them and, 2) This post is already long enough.
Nonetheless, if you’d like to learn about the investigations, take a look here
Where Things Should Change
Now that the ratings agencies are being combed over for their role in the crisis, I’m hoping there will be some wholesale changes in how they’re allowed to do business. The most obvious change that NEEDS to happen is their revenue structure. Right now, the agencies are hired by banks to provide ratings to the securities those banks are creating. The banks then generally take the best ratings and advertise those to investors. Well there’s obviously a gap here – the same people you’re supposed scrutinize are paying your bills! I think there needs to be some regulations put in place for how these credit ratings operate to eliminate these ovbvious conflicts of interest. Here’s my top 3 changes:
1. Create a pool to which banks will be required to contribute. This pool will then be used to pay credit agencies for their work and, knowing that their money is coming from the pool and not directly from the bank requesting the rating, the credit agencies is less likely to artificially inflate ratings.
2. Along with the first change, you also have to change disclosure rules so that ALL ratings for the security must be disclosed to investors so investors can have a full picture of the security’s risk assessment. To offset this, you can have the requestors of the credit ratings pay for each of the ratings.
3. Create a government regulatory group (probably within the SEC) whose sole function is to audit the Credit Agencies and ensure that they’re ratings processes are consistent and accurate.
I’m glad to see the credit ratings agencies being scrutinized for their role in the crisis. I find it surprising that a business model so entangled with conflicts of interest has been allowed to exist. The changes I’ve suggested, although fairly drastic, I think would be a great way to eliminate the conflicts inherent in the current system.
What are your thoughts?
Questions/Comments/Feedback?
Please don’t hesitate to let me know of any questions or comments you have about this post or any other. If you want me to write about something else investing related, do let me know!
The Standard Disclaimer:
The stuff I just wrote above is my opinion and my opinion only. Please do not take it as fact. Perform all necessary research and analysis prior to acting on anything I've said above. This includes consulting with a financial advisor.
In my last post I used a casino analogy to describe the background of the SEC case against Goldman Sachs. Hopefully the analogy made the fundamental issue at hand a little clearer without the Wall Street jargon that confuses most of us common folk. But now that you understand the circumstances, you may notice the holes in the case and the somewhat flawed logic that the SEC is using to build what I think is a house of cards case.
It Can’t Be That Easy
First, let me tell you where I think the SEC’s case has merit. Basically, what the SEC is saying is that GS did not live up to its fiduciary duties by notifying investors that John Paulsen was shorting the mortgages in the CDO that it sold its investors. In a general sense, I think they’re right. GS, as the broker, should disclose as much relevant information as possible to its investors to ensure they’re interests are being served. And if it is apparent that GS violated this responsibility, they should certainly be punished for it.
That’s it. That’s the only area where I think this case has merit. Now, with that out of the way, let’s discuss where it doesn’t have merit. I think the biggest flaw in the SEC’s logic is that they’re saying that GS should have disclosed the person on the other side of the trade (i.e. Paulsen).
Stop right there and think about that. Say you were the casino in my example. When you see those gamblers come and bet money, isn’t there an assumption that those gamblers know that there’s someone on the other side betting against them. In any gamble, whether in a casino or Wall Street, there are two sides to every gamble. In the casino, we call that the ‘house’. On wall street, it could be anyone that feels the opposite of what your bet is.
In other words, every time you bet on an asset, whether it’s a CDO or a stock or you double down on a hand of Texas Hold ‘Em, there is an implicit counter-bet. If everybody felt that the mortgages in the CDO would go up like the investors that bought them did, why would anyone sell them? Furthermore, does it provide any additional value to the buyer if they were explicitly told who the counter-party on the CDO is? I don’t think so. When I buy a stock, I know someone is selling it to me. Will it change my decision if I knew who is selling the stock I’m buying? If I’ve done my proper due diligence, it shouldn’t
The bottom line here is that I feel that Goldman did not have a fiduciary responsibility in not disclosing that John Paulsen is betting against those mortgages because it wasn’t relevant information that the buyers needed to know – it’s just not common practice on Wall St. to do that. Furthermore, the fact that the actual buyers of the CDO were banks who are sophisticated enough investors to perform the necessary due diligence only reinforces this notion.
Where Do We Go From Here?
Honestly, I think the SEC’s case against GS is a witch-hunt to a large extent. The SEC has come under a great deal of scrutiny lately for allowing the financial collapse to occur under their watch, and, unfortunately, I think this case is them trying to pander to the public and Washington that they are still relevant. Hopefully, in time this case will be dropped. However, I think the more likely scenario is they’ll settle with GS out of court and we can move on.
What are your thoughts?
Questions/Comments/Feedback?
Please don’t hesitate to let me know of any questions or comments you have about this post or any other. If you want me to write about something else investing related, do let me know!
The Standard Disclaimer:
The stuff I just wrote above is my opinion and my opinion only. Please do not take it as fact. Perform all necessary research and analysis prior to acting on anything I've said above. This includes consulting with a financial advisor.
Well folks, here we go. The fallout from the housing crisis is beginning to hit the biggest players in the industry. A few days ago, the SEC (the government organization tasked with policing the financial industry) formally filed a civil lawsuit against what was until then perceived to be the proverbial Iron Man on Wall Street – Goldman Sachs. In the lawsuit, the SEC basically accuses GS of intentionally misleading clients who invested in a product that the bank sold them. The ramifications of this can potentially be huge, and this is likely only the first shoe to drop in a series of lawsuits. But I wanted to take a look at exactly what’s going on, how I think it’ll play out, and, in true InvestingDecoded fashion, how you can potentially profit from it.
Exactly what events allegedly transpired to put GS in this situation is kind of tricky to explain. What I’d like to do is set up the scenario without using financial jargon that’ll just end up confusing most people. Let’s set up a real world scenario that parallels the SEC allegations:
Say you own a casino, and a man, let’s call him Mr. Paulsen, comes to your casino and asks you to put a specific model slot machine into this casino. The slot machine Mr. Paulsen is asking to put in the casino is well known to gamblers at the casino as it has historically given healthy pay-outs. Basically everyone who plays on that model slot machine has been winning money. But Mr. Paulsen thinks differently – he thinks that the slot machines are overrated and will eventually stop paying out healthy gains and gamblers will lose money. So he asks you to put the slot machine into your casino so he can get as many gamblers possible playing on it and make money once it stops paying out the cash.
Well, you as the casino owner agree to do it. But before you do that, you want to make sure the slot machine isn’t broken or tampered with. You hire an outside contractor to come inspect the casino to make sure it’s OK. But the vendor, NOT knowing that Mr. Paulsen is convinced the machine will stop paying out, OK’s the slot machine assuming there’s no conflict of interest between Mr. Paulsen and the players.
So you put the slot machine on your casino floor and gamblers clamor to play on it. But you don’t tell them something key – the person who asked you to put the machine there is convinced that you’re going to lose money. Now, as a gambler if the guy who had the clout to get that slot machine on the floor is convinced that the slot machine is overrated an will eventually stop paying out, wouldn’t you think twice about playing on the machine? However, as the casino owner, you don’t disclose this fact to the players. All you do is put a sign on the slot machine saying it was inspected by a third party and it works fine.
Low and behold, the machine stops paying out. Gamblers keep playing and keep losing money and walk away empty-handed. In the mean time, Mr. Paulsen reaps in the rewards from the gambler’s money, on the order of $1 Billion, and you the casino owner keep a share for your services.
This, in a very small nutshell, is what happened in this case. But the casino is Goldman Sachs, the slot machine is Collatorized Debt Obligation (basically a package of mortgages that investors can buy/sell, see past posts for more details) and the gamblers are investors. Furthermore, Mr. Paulsen is actually John Paulsen, a hedge fund manager who correctly bet against the housing market in 2007 and made billions of dollars. What Mr. Paulsen did was ask GS to create a CDO with mortgages that he thought were not as strong as they were perceived to be. He did this by analyzing the quality of these mortgages and comparing them to the credit rating given to them by the big credit rating agencies. The ones that the thought were literally overrated he wanted GS to put in the CDO. GS then hired ACA Management as an independent reviewer of the assets in the CDO (i.e. the independent contractor in the analogy). ACA was tasked to review the mortgages Mr. Paulsen requested to be put in the CDO. But what ACA didn’t know was that Paulsen was holding a short position on those very mortgages.
GS then took the CDO and sold it to investors (mostly foreign governments and banks). But GS didn’t disclose the fact that the person who selected the mortgages in the CDO thinks they’re going to collapse. Do you see the issue here? The bottom line, the SEC is accusing GS of creating a product and selling it to investors while not disclosing the entire story.
You might be thinking that this is a grey area of disclosure, and you’d be correct in thinking this. In my next post, we’ll discuss the holes in the SEC’s case, and how I think the story will play out.
What are your thoughts?
Questions/Comments/Feedback?
Please don’t hesitate to let me know of any questions or comments you have about this post or any other. If you want me to write about something else investing related, do let me know!
The Standard Disclaimer:
The stuff I just wrote above is my opinion and my opinion only. Please do not take it as fact. Perform all necessary research and analysis prior to acting on anything I've said above. This includes consulting with a financial advisor.
Questions/Comments/Feedback?
Please don’t hesitate to let me know of any questions or comments you have about this post or any other. If you want me to write about something else investing related, do let me know!
The Standard Disclaimer:
The stuff I just wrote above is my opinion and my opinion only. Please do not take it as fact. Perform all necessary research and analysis prior to acting on anything I've said above. This includes consulting with a financial advisor.