Farewell, Sheila Bair, and thank you (and FU Paulson, Bernanke & Geithner)

Excellent interview here in the Times with this most decent of bureaucrats. She understood why the bailouts were not just wrong but unnecessary:

As she thinks back on it, Bair views her disagreements with her fellow regulators as a kind of high-stakes philosophical debate about the role of bondholders. Her perspective is that bondholders should take losses when an institution fails. When the F.D.I.C. shuts down a failing bank, the unsecured bondholders always absorb some of the losses. That is the essence of market discipline: if shareholders and bondholders know they are on the hook, they are far more likely to keep a close watch on management’s risk-taking.

During the crisis, however, Treasury and the Fed were adamant about protecting debt holders, fearing that if they had to absorb losses, the markets would be destabilized and a bad situation would get even worse. “What was it James Carville used to say?” Bair said. “ ‘When I die I want to come back as the bond market.’ ”

“Why did we do the bailouts?” she went on. “It was all about the bondholders,” she said. “They did not want to impose losses on bondholders, and we did. We kept saying: ‘There is no insurance premium on bondholders,’ you know? For the little guy on Main Street who has bank deposits, we charge the banks a premium for that, and it gets passed on to the customer. We don’t have the same thing for bondholders. They’re supposed to take losses.” (Treasury’s response is that spooking the bond markets would have made the crisis much worse and that ultimately taxpayers have made out extremely well as a consequence of the government’s actions during the crisis.)

She had a second problem with the way the government went about saving the system. It acted as if no one were at fault — that it was all just an unfortunate matter of “a system come undone,” as she put it.

“I hate that,” she said. “Because it doesn’t impose accountability where it should be. A.I.G. was badly managed. Lehman Brothers and Bear Stearns were badly managed. And not everyone was as badly managed as they were.”

Paulson, Bernanke and Geithner come across as callous SOBs when it comes to taxpayer funds, whose only concerns are for their friends in banking.

This next bit I do not agree with:

Grudgingly, Bair acknowledged that some of the bailouts were necessary. There was no way, under prevailing law, to wind down the systemically important bank-holding companies that were at risk of failing. The same was true of a nonbank like A.I.G., which the government wound up bailing out just two days after allowing Lehman Brothers to fail. An A.I.G. bankruptcy would have been disastrous, damaging money-market funds, rendering giant banks insolvent and wreaking panic and chaos. Its credit-default swaps could have brought down much of the Western banking system.

“Yes, that was necessary,” Bair said. “But they certainly could have been less generous. I’ve always wondered why none of A.I.G.’s counterparties didn’t have to take any haircuts. There’s no reason in the world why those swap counterparties couldn’t have taken a 10 percent haircut. There could have at least been a little pain for them.” (All of A.I.G.’s counterparties received 100 cents on the dollar after the government pumped billions into A.I.G. There was a huge outcry when it was revealed that Goldman Sachs received more than $12 billion as a counterparty to A.I.G. swaps.)

Bair continued: “They didn’t even engage in conversation about that. You know, Wall Street barely missed a beat with their bonuses.”

“Isn’t that ridiculous?” she said.

Yes, there would have been additional pain and panic had there been no bailouts at all, but we would also have cleared the banking system of bad debt and well into a real recovery by now, instead of this jobless GDP/QE faux recovery. When banks fail en masse, it’s not the end of the world – assets just move from weak to more competent hands. There were plenty of strong banks that were gyped of well-deserved deposits that should have fled crappy behemoths. The pre-Fed, pre-FDIC era saw the fastest growth and improvement in living standards of modern history because of this creative destruction, so it is a sign of the times that the most conservative, taxpayer-freindly politician or bureacrat with any significant power (unlike Ron Paul) is still in favor of bailouts.

Here’s a bit from a post I made in October 2008, when this was all going down:

What will happen if government doesn’t lift a finger?

The owners of McMansions will lose them to the banks or other mortgage holders, and those mortgage holders, if they bought the paper with loans of their own, will lose them to others, and so on. Almost every bank in the world will fail. They have all come to depend on deposit insurance and central banks to cover for the fact that they have been reckless and insolvent from nearly day one. There will be no bank lending at all.

What will happen to the depositors? Well, almost all of their money will be lost.

So, that is what we are looking at: every bank failing, zero bank lending, almost all the money in the world going to heaven. How is that not the end of the world? Simple: It is a reverse split. In 2006, let’s say, there was a million dollars in total bank deposits. Then in 2008 all the banks go under. All that is left is the cold cash in people’s pockets, let’s say $100,000 in all.

That remaining cash becomes extremely valuable. It has to work where one million did before. If you had $10 in your pocket and $90 in the bank, you now treat each dollar as if it were ten. The key is that so does everyone else. The world still has its unit of account and medium of exchange, we have just moved the decimal point over on all prices. (Note: gold and silver would rapidly re-enter circulation and quickly become the preferred money, as they always do until government outlaws them).

Of course, deflation on this scale makes debts unpayable, so essentially all debt is defaulted upon, but of course most creditors are bankrupt too. Contracts have to be renegotiated or annulled. No big deal, really. The assets are all still there, just the same as before. Nothing has burned down. A car bought on credit still gets the same mileage as before its loan went bad, a house keeps you just as dry.

Trust the prudent and smart, not bankers and politicians.

Such an event brings about a massive transfer of wealth from the reckless to the prudent and farsighted, who are exactly the people you want making the decisions about what to do with money and assets after the crash. They are statistically and philosophically the best equipped to decide what will generate the highest returns with the lowest risk. Life goes on. There is nothing to rebuild because nothing was destroyed. It is all just reordered in a more sensible fashion. The house in the desert is scrapped for materials. The Lehman mortgage traders find something productive to do, like drive cabs.

But that outcome is so quaint, so 1800s, so gold standard. We’re more scientific today. Bernanke is a wise economist. Congress is benevolent. War is peace, and lies are truth.

DSK all but cleared; no surprise here.

So now we know the real story: Nafissatou Diallo is a hooker and scam artist, and she has been trying to shake down Strauss-Kahn after a consensual blowjob. She has been implicated in a pyramid scheme that rips off new immigrants; she made up a gang rape story to get asylum in the U.S.; she lied about her income to qualify for subsidized housing; she claimed a friend’s child as her own for extra benefits; and she has been working as a hooker in the Sofitel and elsewhere for years (even in the quarters where the DA is putting her up right now).

So this case is just another reminder of how awful prosecutors and the press are when it comes to the presumption of innocence, especially in rape cases, worst of all in cases with black accusers and rich white defendants like the Duke lacrosse affair.

I wrote about this phenomenon (the brilliant novelist Tom Wolfe calls it the Great White Defendant) and my skepticism of the allegations when DSK was first arrested.

The Great White Defendant refers to these rare cases where prosecutors get to target a member of the privileged class, and as a consequence of their guilt from having put away so many poor people, they pursue him like Ahab after the white whale. Of course, journalists love these cases because they fit their own preconceptions of oppressors and oppressed, and the media attention makes prosecutors stars and helps their political careers. The last such major case was the prosecution of several white Duke lacrosse players on the word of a black stripper who turned out to have made the whole thing up. The lead prosecutor in that case ended up being convicted of contempt and disbarred for his criminal disregard of the truth. Nifong served one day in jail, and neither the accuser nor the currupt police have been prosecuted for their actions. BTW, the accuser, Crystal Mangum, is facing a first degree murder charge for the stabbing of her boyfriend last month

As much as I dislike his politics and person, I hope for the pure theater of it that DSK wins the French presidency next year.

DSK is Tom Wolfe’s “Great White Defendant” from Bonfire of the Vanities

We are talking about the proper handling of guns and human cages, so any less than a presumption of innocence is reckless.

Regular readers know that I despise everything that DSK stands for politically – he’s a member of the French Socialist Party and has orchestrated a series of sovereign bailouts while head of the IMF. I am nonetheless disgusted with the public discourse around his case.

There is no presumption of innocence, as if accusers of sex crimes never turn out to be liars. Typical of this attitude is mayor Bloomberg’s quip, “if you don’t want to do the ‘perp walk’, don’t do the crime.”

There are any number of possibilities for what really happened in that hotel suite, but only one seems to be seriously considered in the US press: that this plump, 5’7″, 62-year-old overpowered a 5’11″, 32-year-old African woman with such force or martial efficiency as to not leave either of them significantly bruised and scratched. The story seems to be that she was so intimidated by his strength that she went along and performed oral sex without harming him. Maybe I just lack DSK’s skill, but my wife is 5’10″, and I’m a young and fit 6′, and I’d end up in the emergency room if I tried something like this! I bet Diallo could have beaten DSK to a pulp if she’d wanted. How can feminists have such a low regard for women that they assume they would all just comply with demands from random, unarmed old men?

The above is a possibility, but without evidence it is no more, if not less probable than that he offered her money or favors in exchange for sex but she found him to be a “rutting chimpanzee” and abusive jerk, spurring her to cry rape in revenge. He had stayed in the hotel at least 6 times in the last year, so maybe this wasn’t even their first encounter but a spat – we just don’t know. Of course, we can’t discount conspiracy, as if such things never happen in politics. Such a set-up would of course be likely to take advantage of the man’s known vices. All she would have to do is flirt with him, and the old horndog would come on to her. Easy to cry rape in exchange for a few hundred grand, and easy to keep silent when sufficiently intimidated.

In my perusal of the French discourse on this subject (via the Google Translate Chrome plugin), I find it much more deliberative than the US take on the affair. Is it possible that Americans are even more politically correct than the French, at least when it comes to sex? It also may be that the French are cooly cynical about the workings of power, having tossed out several governments in the last two centuries. A poll on Wednesday showed that 57% thought DSK is the victim of some kind of set-up. It is perfectly respectable to question such things as the official versions of current and historical events (certain German activities in WWII notwithstanding – that may land you in prison). They are also much better dinner companions and conversationalists than most Americans, and don’t observe the same taboos.

The Great White Defendant refers to these rare cases where prosecutors get to target a member of the privileged class, and as a consequence of their guilt from having put away so many poor people, they pursue him like Ahab after the white whale. Of course, journalists love these cases because they fit their own preconceptions of oppressors and oppressed, and the media attention makes prosecutors stars and helps their political careers. The last such major case was the prosecution of several white Duke lacrosse players on the word of a black stripper who turned out to have made the whole thing up. The lead prosecutor in that case ended up being convicted of contempt and disbarred for his criminal disregard of the truth. Nifong served one day in jail, and neither the accuser nor the currupt police have been prosecuted for their actions. BTW, the accuser, Crystal Mangum, is facing a first degree murder charge for the stabbing of her boyfriend last month, but the New York Times is strangely silent on that story.

I hope Tom Wolfe is watching this case closely (and I suspect he is, as he lives in NYC) and gives us a write-up or two by the time it’s over. No matter what actually happened and what verdict is reached (jurors are selected for gullibility, so the verdict will not necessarily reflect the truth), the affair may refect poorly on journalism and the court system.

The rigor with which journalists and prosecutors pursue the truth is critical for a civilized society, since the legal system has a monopoly on the use of force. The burden of proof is on the accuser, whether a policeman or alleged victim. We are talking about the proper handling of guns and iron cages, so any less than a presumption of innocence is reckless.

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Here’s the Bonfire of the Vanities on Amazon
I strongly recommend it (and not the movie with Hanks & Willis), along with everything Wolfe has written – he’s the best novelist/journalist of our time.

This is why silver margins were hiked

Since the futures opened on Sunday, silver has fallen $13. For a standard 5,000 ounce contract this is $65,000, more than three times the COMEX margin. Today alone silver is off $15,000 per contract. It is just plain silly to claim a conspiracy against silver, and even sillier to claim that margins were hiked for nefarious reasons. Margin had to be hiked to keep up with the price of silver and its volatility, to protect the exchanges and winning traders (and to protect losers from themselves).

Like I said a two weeks ago at $45 when I discussed buying near-term puts on silver in anticipation of the bubble popping, I think the metal’s run is over. I suspect that it may establish a new normal in the $10-20 range for the coming decade or so, until the next secular inflation cycle is upon us.

Where is the skepticism?

It’s disheartening to see how many people all over the world are just accepting the OBL story with no proof at all, purely on the word of a group of known liars. For the last decade we have heard almost nothing about Bin Laden that hasn’t come from people with zero credibility and strong motives to mislead the public.

We know nothing for sure, but based on this week’s news, it is very likely that the man is dead, if only because this group would not make its claim if there were any risk of him popping up alive. The complete lack of evidence*, lame excuses for such**, changing story***, and the incentives of the storytellers lead me to believe this is pure fabrication. He may have died years ago from kidney failure or in some other assassination scenario to keep him silent. By 2011 he had long lost his usefulness as a bogeyman, so the PR points were harvested.

That’s my opinion. Other conclusions could certainly be drawn, but they are baseless if they rely solely on statements from the US government. After all, the government is nothing but a group of self-interested individuals with very low professional ethical standards for whom lying is second nature.

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* An image of a dead OBL would not constitute proof, but the only photos from the scene so far released were purchased by Reuters from a Pakistani guard who took them 1 hour after the incident. They show three dead men and no arms other than a neon water pistol. I’m inclined to believe that they haven’t released an OBL image because a) they don’t have a real one, b) there are too many people skilled at identifying fakes, and c) the public is so credulous that they don’t need to try.

** Islamic law does not require immediate burial, just that dogs and rats don’t chew up the corpse.
As for the photo being too gory, gore doesn’t even bring an R rating anymore, and the world is used to seeing Muslim bodies mangled by the US military.

*** First OBL was firing from behind his wife and they both were killed, then he was unarmed and not hiding behind her and she was shot in the leg, then she was also reported dead. Oh, and photos show that the “million dollar mansion” or “compound” is just a crumbling, unairconditioned house like any other in this dingy town (they all have walls around the property, as is typical in that part of the world).

Max caution alert: exit or hedge all market risk

This is one of those times where markets are stretched to the limit and any further upside will be minimal in relation to the extreme risk entailed. Sentiment has been dollar-bearish and risk-bullish for so long that a violent reversal is all but guaranteed. This is not to say that the absolute top is in, but that at the very least, another episode like last April-June is coming up.

Watch for a sharp sell-off in stocks, commodities and the EUR-CAD-AUD complex. Even gold and silver are vulnerable, especially silver. We could be near a secular top in silver, where the recent superspike has all but gauranteed an unhappy ending to what has been a fantastic technical and fundamental play for the last decade. Gold is much more reasonably valued and should continue to outperform risk assets because the monetary authorities are so reckless, but there is just too much froth in silver to hope for even that.

The rally since early 2009 has been not just another dead cat bounce in the bear market from 2007 (like I thought it would be), but another full-blown reflation and risk binge like the 2003-2007 cyclical bull. The secular bear since 2000 is still here, and valuations and technicals suggest that another cyclical bear phase is imminent. There is no telling how long it will take or how it will play out, but the only prudent move at times like this is to take all market risk off the table. Bears still standing should think about going fully short. Anyone holding stocks should sell or get fully hedged. History shows that the expected 10-year return on stocks from conditions like this is under 3.5%, and such a positive figure is often only acheived after a major drawdown and rebound. See John Hussman’s excellent research on the topic of expected returns from various valuation levels: http://hussmanfunds.com/weeklyMarketComment.html

Want to know what a secular bear looks like? Check out 1966-1982: a series of crashes and rallies that resulted in a 75% inflation-adjusted loss. In the absense of 70s-style inflation, this time the nominal loss should be closer to the real loss. Think Japan 1989-who knows?

The headlines this time around should have less to do with US housing, though that bear is still raging. We’re likely to hear much more about European sovereign debt, where haircuts and defaults need to happen, and Canadian, Australian and Chinese real estate. When the China construction bubble pops it will remove a major fundamental pillar from the commodities market.

There is no safe haven but cash, and cash is all the better since everyone has feared it for so long. If I had to build a bulletproof portfolio that I was not allowed to touch for five years, it would be something like this: 20% gold bullion, 25% US T-bills, 25% US 10-year notes, 25% Swiss Francs (as much as I hate to buy francs at $1.13) and 5% deep out-of-the-money 2013 SPX puts (automatic cash settlement).

There will be a great value opportunity in stocks before long (the tell will be dividend yields over 5% on blue chips). It’s just a matter of having the cash when it comes, so that you aren’t like the guy who said in 1932 that he’d be buying if he hadn’t lost everything in the crash.

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PS – For those of you who think QE3,4,5,6 will save the markets, I’ll counter that it doesn’t matter, not on any time frame that counts. Risk appetite and private credit are what matter the most, and the Fed can’t print that. At 3AM, spiking the punchbowl doesn’t work anymore.

Or I can put it this way: the Fed has increased the monetary base from 850 billion to 2500 billion since 2007. Have your bank balance, salary and monthly bills increased 200%? If not, why should stock and commodity prices? Not even Lloyd Blankfein is 200% richer than four years ago.

Silver superspikes: dollar-bullish, and they don’t last

First, the 25-year monthly chart:

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Here’s a chart that goes back further but only goes up to 2010 (I couldn’t figure out how to get barchart.com to draw me the whole thing, but you can just use your imagination – the line just goes straight up from $30 to $45):

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Gold’s march upwards has been much more orderly, but silver is a thin market and prone to spikes. These things are tough to short, and to attempt to do so you should wait for a pause and use a stop above the highs, but even with a stop a fast market like this could spike dollars in minutes or seconds and close you out at a big loss only to reverse. This chart doesn’t show the action that happened intraday one day in Jan 1980 when silver traded over $50 very briefly.  No reason why it couldn’t spike to $70 next week only to crash and languish at a new normal of $10-20 for the next two decades.

It is safer in a way to buy puts than to short SLV or sell futures, since your risk is defined – you can only lose what you put up. The July 35-strike puts on SLV were going for less than 60 cents on Wednesday, and will get cheaper every day until silver falls. June 35s are under 40 cents and will decay faster but pay off better in a crash. At any rate, I’d take a disciplined approach and figure on losing my premium at least once, buying higher strikes if the spike continues upwards. Losing the first premium or two would be acceptible if a later position pays off 10:1.

Take another look at this long-term dollar chart. We had a major bottom in 1980 just as everyone was panicking into precious metals.  Silver spikes are apparently another symptom of extremely negative dollar sentiment, so should be considered bullish for the currency.

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BTW, though gold’s price and action is much more sensible, the silver spike is very bad for gold as well – it may just have doomed its bull market. The metals have more than adjusted for the inflation of the last 30 years and the money printing of the last 3. It would make sense for their run to end soon and for them to settle into some middle ground. That doesn’t mean gold can’t touch 2500 and silver can’t hit 100 – it’s just that these moves are too fast and too high relative to their historic multiples to other assets, so these prices will not last.

Long-term gold charts (first one is a few weeks old – the second is current but doesn’t go back as far):

The dollar’s going to crash, the dollar’s going to crash!

Uh, it already has. The time to be shouting about a crash was 2000, but the dollar-crash meme only got mainstream in late 2007. As you can see in this 10-year chart of the trade-weignted dollar index, the dollar had by then already fallen, and is no lower today than 3 years ago. It may be putting in a triple bottom prior to a secular bull market. The sentiment has certainly been negative enough for long enough to set up a lasting upturn, and the price action in recent years is similar to that of the late 80s to early 90s.

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EDIT: Here’s a 30-year dollar index chart.

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A secular bull market in the dollar would coincide with more unwinding of risk assets, since the buck has been a favored short for the carry trade (it is weak vs. other currencies, and has very low borrowing costs).

It would also make sense for US Treasury rates to finally put in their secular bottom during the dollar’s bull market, but not in the first phase. Interest rates follow a very long cycle, with the last top in the early 1980s and the last bottom in the early 1940s. Sentiment is still too anti-bond, and there is still too much credit unwinding to come for me to believe that bonds are ready to start falling. Bonds, after all, are hard cash for big players, and people reach out the curve for yield as short-term rates compress during credit stress.