Category: Finance

Well, This is a Surprise

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In the latest twist to the legal travails of Sergey Aleynikov, who is accused of theft of Goldman-Sach’s illegal market front-running high frequency trading software is now arguing that the code in question was open source, so there was no theft:

Sergey Aleynikov, who is accused of stealing Goldman Sachs’ source code used in high-frequency trading, argued that he was standing up to the investment bank’s proprietary claims on open-source code, not trying to steal private codes to use at a competing trading firm.

Mr Aleynikov, a former computer programmer at the bank, is accused of downloading proprietary code related to high-speed trading systems in June 2009 for use at a new job at a competing firm.

While this statement may actually be true, it does strike me as a rather low percentage defense.

Unfortunately, it also implies that we will not be getting any details on how the Vampire Squid and its Wall Street co-conspirators might actually be gaming the system with their co-located high speed trading systems during the trial.

Federal Reserve Releases Dodd-Frank Audit Results

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So they are out, they are voluminous, and I have neither the time nor the expertise to to review them all, I here is what I’ve seen in other people’s commentaries.

We see loans at absurdly low rates and self dealing, the Fed’s commercial paper program was dominated by European banks, and surprise, surprise, Goldman Sachs actually needed the aid that it claimed to only grudgingly accept.

The full Federal Reserve press release is after the break:

Press Release

Release Date: December 1, 2010

For immediate release

The Federal Reserve Board on Wednesday posted detailed information on its public website about more than 21,000 individual credit and other transactions conducted to stabilize markets during the recent financial crisis, restore the flow of credit to American families and businesses, and support economic recovery and job creation in the aftermath of the crisis.

Many of the transactions, conducted through a variety of broad-based lending facilities, provided liquidity to financial institutions and markets through fully secured, mostly short-term loans. Purchases of agency mortgage-backed securities (MBS) supported mortgage and housing markets, lowered longer-term interest rates, and fostered economic growth. Dollar liquidity swap lines with foreign central banks helped stabilize dollar funding markets abroad, thus contributing to the restoration of stability in U.S. markets. Other transactions provided liquidity to particular institutions whose disorderly failure could have severely stressed an already fragile financial system.

As financial conditions have improved, the need for the broad-based facilities has dissipated, and most were closed earlier this year. The Federal Reserve followed sound risk-management practices in administering all of these programs, incurred no credit losses on programs that have been wound down, and expects to incur no credit losses on the few remaining programs. These facilities were open to participants that met clearly outlined eligibility criteria; participation in them reflected the severe market disruptions during the financial crisis and generally did not reflect participants’ financial weakness.

The Federal Reserve is committed to transparency and has previously provided extensive aggregate information on its facilities in weekly and monthly reports. As provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, transaction-level details now are posted from December 1, 2007, to July 21, 2010, in the following programs:

  • Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility (AMLF)
  • Term Asset-Backed Securities Loan Facility (TALF)
  • Primary Dealer Credit Facility (PDCF)
  • Commercial Paper Funding Facility (CPFF)
  • Term Securities Lending Facility (TSLF)
  • TSLF Options Program (TOP)
  • Term Auction Facility (TAF)
  • Agency MBS purchases
  • Dollar liquidity swap lines with foreign central banks
  • Assistance to Bear Stearns, including Maiden Lane
  • Assistance to American International Group, including Maiden Lane II and III

Additionally, discount window and open market operation transactions after July 21, 2010, will be posted with a two-year lag.

The data made available Wednesday can be downloaded in multiple formats, including Excel, at www.federalreserve.gov/newsevents/reform_transaction.htm. The Excel files allow users to search, sort, and filter the data for each program in multiple categories. The site also provides explanations of each program as well as definitions for the data elements.

In the case of broad-based facilities, details provided include the name of the borrower, the amount borrowed, the date the credit was extended, the interest rate charged, information about collateral, and other relevant credit terms. Similar information is provided for the draws of foreign central banks on their dollar liquidity swap lines with the Federal Reserve. For agency MBS transactions, details include the name of the counterparty, the security purchased or sold, and the date, amount, and price of the transaction.

The Root of the Irish Economic Problem

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So, they have cut a deal for the Irish to cut their own economic throats, but I think that all the commentary misses the big picture on the Republic of Ireland.

Before the boom, Ireland was a 3rd world country that happened to be a part of the EU.

At the height of the bubble, Ireland was a 3rd world nation that was part of the EU, and part of the Euro zone, which drove a speculative frenzy being driven by massive foreign cash flows.

It was still, and remains, a 3rd world nation that was a part of the EU.

To be fair, it might better be called a 2-¾ world nation, but still…..

I Was Wondering When This Would Happen

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The deed recorder for South Essex, Massachusetts asking for an investigation of MERS to see if they illegally evaded recording fees for mortgage assignments:

“It’s a basic issue of fairness. MERS says that if you are a member of their club, you can avoid fees on assignments of mortgages forever. Those are fees that everyone else pays,” [deed recorder John] O’Brien said. “I’ve never before heard of a private company that has attempted to unilaterally take over such a public function as property recordation. Imagine if someone tried to do this with drivers licenses.”

Silly man, don’t you know?  The banksters don’t have to obey the laws!

Here is hoping that he gets his investigation, and he nails those bastards to the wall.

H/t Atrios.

Quote of the Day

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Courtesy of Zach Carter:

So Paul Krugman’s prediction of zombie banks creating a drag on the economy has not come true. The reality is, in fact, much worse. Krugman foresaw zombie banks that didn’t lend due to capital concerns, preventing the recovery from getting off the ground. We’re seeing plenty of that, but we’re also seeing zombie banks actively prey on the economy through the foreclosure process in an effort to repair their balance sheets. The zombie banks aren’t just failing to boost the economy, they’re actively sabotaging it.

Go read the rest.

F%$# the Federal Reserve

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The Federal Reserve, in response to repeated instances of wrongdoing and fraud by banks against mortgage owners, has decided to issue a new regulation gutting the right of rescission for fraudulent activities, citing “compliance costs”:

Hundreds of consumer, civil rights, legal services, community and labor groups and private and public interest attorneys representing homeowners, along with the coalition Americans for Financial Reform, urged the Federal Reserve Board to withdraw a proposed rule that would destroy a key legal tool to unwind illegal loans and avoid foreclosure.

“We are astonished that, with the nation facing its greatest foreclosure crisis since the Great Depression, the Board’s proposal would eliminate the single most powerful legal tool that homeowners currently have to stop wrongful foreclosures, the federal right to rescind an illegal loan,” said Margot Saunders, Counsel to the National Consumer Law Center.

Basically, what rescission says is that if the loan was fraudulent, then the contract is broken, the lender cannot foreclose, and all interest, penalties, and fees revert to the homeowner, though the lender is still due his principal………Eventually.

The Fed’s proposed new rule says that you can get rescission only after the principal has been repaid in full, essentially gutting that right, it allows for much larger misstatements by the bank as to the estimated monthly payments and in the total amount of the loan.

Additionally, they are proposing changed the rule on reverse mortgages that forbade issuers to require the purchase of another product as a condition for that loan, so now, so long as it is at least 10 days from the issuance of the reverse mortgage, it will be hunky dory, which has the AARP seriously pissed off.

This is egregious enough that the New York Times inveighed against this change in regulation.

I’m mad enough to agree with Ron Paul, and suggest that we shutter the Federal Reserve completely, or at least transform it from a quasi-private entity into one that is more responsive to politics.

Actually, my preferred position is to leave it in charge of monetary policy and money supply, and strip all regulatory powers from it, since it has shown itself to be completely unwilling and unable to create or enforce balanced regulations on the banks.

It’s Bank Failure Friday!!!! (2 days late)

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No bank failures this week, so the number of FDIC insured institutions remains at 149 (Full FDIC list here), and the number of closed credit unions remains at 15 (Full NCUA list here).


So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, I don’t see the total number of closed banks getting anywhere near the 174 predicted by the line, though I do think that the final number will be north of 150.

The Insider Trading Arrests Have Begun

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We now have the first arrest as a result of the Department of Justice’s investigation of insider trading facilitated by “research firms”:

The government made the first arrest in a broad investigation of alleged insider trading on Wall Street, charging an employee of a California research firm used by hedge funds.

Don Ching Trang Chu was arrested at his home in Somerset, N.J., and charged in federal court in New York with two counts of conspiracy to commit fraud. He was released on a $1-million bond.

A complaint filed by prosecutors says Chu helped hedge funds get inside information on publicly traded companies by connecting the funds with employees of the firms. 

One interesting thing to note is that, like Tamil financier Raj Rajaratnam of Galleon, once again they have arrested someone who isn’t a member of the Wall Street white boy’s club.

The real question here is whether this will be pursued up the chain.

My guess is no, because both Obama and Eric “Place” Holder have sold their genitals to the finance industry have decided to look forward, and not backward.

In a related note, a judge has said that the wiretaps in the Galleon case are admissible, which implies that this will increasingly be used as a tool by prosecutors in financial corruption.

About Damn Time

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The FBI has raided at least 3 hedge funds on suspicion of insider trading:

The FBI has begun what is expected to be a far-reaching probe into insider trading with raids on hedge funds linked to some of Wall Street’s most high-profile and wealthiest players.

The sweep – which began with armed agents raiding the Connecticut offices of Level Global Investors and Diamondback Capital Management, both multibillion dollar hedge funds set up by former managers at Steve Cohen’s SAC Capital Advisors – is already affecting stocks: a collective $15bn was wiped off the valuations of Goldman Sachs, Morgan Stanley, Citigroup, Bank of America and JP Morgan Chase. Goldman Sachs, Morgan Stanley, Citigroup, Bank of America and JP Morgan Chase.

According to reports published in the Wall Street Journal, investigators from several law enforcement and regulatory agencies are looking into multiple insider-trading rings that reaped millions in illegal profits. An FBI spokesman confirmed last night that the agency was executing “court-ordered search warrants”, but declined to elaborate.

One focus is whether proprietary information is being passed from companies to hedge funds by network of independent analysts and consultants.

Well, this is refreshing: It appears that someone is beginning to look at “business as usual” on Wall Street, and they have noticed that it’s corrupt.

I also have to note that the coverage on the Marketplace radio program was repulsive.

They had an apologist fow wall street on, and he wrung his hands about how fuzzy the lines were, and how no one was really hurt.

This is bovine scatology. Just because they are robbing millions of.investors a few bucks at a time does not diminish the crime.

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It’s Bank Failure Friday!!!!

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And here they are, ordered, and numbered for the year so far.

  1. Gulf State Community Bank, Carrabelle, FL
  2. Allegiance Bank of North America, Bala Cynwyd, PA
  3. First Banking Center, Burlington, WI

Full FDIC list

So, we haven’t hit 150 failures yet this year, but it’s pretty clear that we will, even though it seems to be trending down a bit over the past few months.

So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, but I’m keeping it here for historical purposes.

Economics Update

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It’s jobless Thursday, and initial claims rose slightly last week, up by 2000 to 439K, beating expectations, and remaining below the 450-485K range where the number has meandered much of this year, so this is good news.

Additionally, the 4-week moving average dropped to a 2 year low of 443,000 and continuing claims fell fell by 43K to 4.3 million, though extended emergency claims rose by 12K to 4.93 million.

Good news though, the extended claims number drops to 0 on November 30, thanks to the ineptitude of Congressional Democrats.

We also have Philadelphia Bank of the Federal Reserve, where its general economic index exceeded forecasts by a factor of 4, jumping to 22.5.

On the down side, as always, is real estate, where foreclosures are ramping up again, as banks tweak their fraud and corruption fine tune their foreclosure programs and documentation.

Economics Update

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Well, if you think that the run up to the Federal Reserve’s quantitative easing (printing money) might lead to inflation, you thought wrong, with inflation at 0.2% in October, and the core rate at 0% for the 3rd straight month, and the year over year change was an anemic 0.6%.

The problem is that there isn’t enough inflation.

We also have real estate news, all bad, with housing starts falling, house prices in the US falling 2.8% in September (down 0.8% in the UK), mortgage applications falling, and the AIA’s: Architecture Billings Index, an indicator of future commercial construction, falling in October.

Speaking of Saroff’s Rule

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Click for full (honking big) size

If a financial transaction is complex enough to require that a news organization use a cartoon to explain it, its purpose is to deceive.

Williambanzai7 at zero hedge finds this description of how mortgage securitization works from an auditor by the name of Dan Edstrom.

The gentleman, “Performs securitization audits (Reverse Engineering and Failure Analysis) for a company called DTC-Systems.”

Of course, Saroff’s Rule does not strictly apply here.

This is not the product of a publication that is generating graphics for the edification of the reading public.

This is a visual aid to a Securitization Workshop for Attorneys, and it is what happened to his own mortgage.

This is not some theoretical mortgage that he looked at. This is his mortgage.

It took him a full year to track it all down, and his business is to do mortgage securitizations.

This happens because complexity is the enemy of transparency, and without transparency, the opportunities to profit by cheating and defrauding your counter-parties increases.

Economics Update

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The good news is that foreclosures fell in October, the bad news is that this was just temporary, as the banks paper over their fraudulent, and likely criminal, behavior.

An better indicator of the indicator of the health of the housing market right now is house prices, which fell 5% in the three months ending in October.

Outside of real estate though, the numbers look better, with retail sales rising significantly and credit card card defaults falling, though one month does not a trend make, particularly with sales numbers being driven by volatile auto, food, and fuel sales.

On the other side of the Pacific though, things are looking up as the South Korean central bank boosted its benchmark rate by 25 Basis Points (¼%), implying that they are now more worried about their economy overheating than about a double dip recession.

Giving Great Hed

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As in headline, not oral sex, is Barry Ritholtz, who, writing for Bloomberg, notes that one should, “Kiss Your Assets Goodbye When Certainty Reigns.”

His basic thesis is that when you have unanimity of opinion, the markets are almost always disastrously wrong:

History teaches that whenever the opposite occurs — when certainty overwhelms uncertainty — the herd tends to be wrong. In rare instances, when there is a near-total lack of uncertainty in the market, the outcome is usually a spectacular disaster.

It’s a good read, and probably a very good investment strategy.

What the Nobel Laureate Says

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No, not Paul Krugman, George Akerlof:

As economists such as William Black and James Galbraith have repeatedly said, we cannot solve the economic crisis unless we throw the criminals who committed fraud in jail.

And Nobel prize winning economist George Akerlof has demonstrated that failure to punish white collar criminals – and instead bailing them out- creates incentives for more economic crimes and further destruction of the economy in the future. See this, this and this.

OK, that’s one Laureate, but here is a second, Joe Stiglitz:

An institutionalized system of skewed incentives allowed Wall Street bankers and other corporate executives to gamble with America’s wealth and then get away largely scot-free after the house of cards came tumbling down, plunging the U.S. into the worst economic crisis in decades and destroying trillions of dollars of wealth worldwide.

That’s the analysis of Joseph Stiglitz, an internationally renowned economist and winner of the 2001 Nobel Prize in economics. ………

Of course, this will not happen unless the politicians are forced to, because in general, the establishment believes that the big Wall Street Banks must be free to rape and pillage innovate, and in the specific case, Obama likes Timothy Geithner, Larry Summers, and Robert Rubin, and any investigation of the fraud would doubtless have at least one, and possibly all three, of them in the dock facing criminal charges.

FDIC Moves to Boost Assessments on Large Banks

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This is a good thing. If banks are too big to fail, then their insurance costs should reflect this:

The Federal Deposit Insurance Corp. proposed shifting the burden for protecting depositors against bank failures toward larger lenders whose reliance on riskier funding sources may pose a greater threat to the financial system.

The FDIC board today approved two proposals for overhauling assessments for its deposit insurance fund, including one that would base the fees on banks’ liabilities rather than their domestic deposits. The fee proposal, a response to the Dodd- Frank financial-regulation law, would increase assessments on banks with more than $10 billion in assets.

“This proposal achieves the goals of the Dodd-Frank Act to change the assessment base to better reflect risks to the deposit insurance fund,” said FDIC Chairman Sheila Bair. The measure is subject to a 45-day comment period.

If we make too big to fail too expensive to exist, I can live with that.