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Rainbows over Canyonlands - Dave Stoker

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Showing posts with label CFPB. Show all posts
Showing posts with label CFPB. Show all posts

Monday, November 27, 2017

Black Cyber-ish

Financial Review

Black Cyber-ish


DOW + 22 = 23,580
SPX – 1 = 2601
NAS – 10 = 6878
RUT – 5 = 1513
10 Y – .01 = 2.33%
OIL – 1.08 = 57.87
GOLD + 6.10 = 1295.00

Cryptocurrency

  • Number of Currencies: 919
  • Total Market Cap: $304,635,688,163
  • 24H Volume: $12,910,150,130

Top Cryptocurrencies

  Name Symbol Price USD Market Cap Vol. Total Vol. % Price BTC Chg. % 1D Chg. % 7D
  Bitcoin BTC 9,647.3 $162.88B $5.45B 41.99% 1 -0.84% +20.29%
  Ethereum ETH 474.73 $46.05B $1.38B 10.66% 0.0494524 +0.24% +31.65%
  Bitcoin Cash BCH 1,566.80 $27.07B $1.33B 10.26% 0.16585 -1.20% +35.24%
  Ripple XRP 0.25200 $10.06B $247.07M 1.90% 0.00002685 +1.69% +9.48%
  Bitcoin Gold BTG 353.60 $5.90B $111.60M 0.86% 0.0364681 -2.25% +48.94%
  Litecoin LTC 90.800 $4.90B $424.45M 3.27% 0.00935105 -0.61% +27.25%
  Dash DASH 615.61 $4.83B $133.23M 1.03% 0.0646084 -1.34% +34.34%
  IOTA MIOTA 1.16350 $3.22B $218.03M 1.68% 0.0001195 +12.10% +24.59%
  Ethereum Classic ETC 27.9180 $2.90B $963.35M 7.43% 0.00305606 +13.03% +63.22%
  Monero XMR 171.40 $2.68B $97.71M 0.75% 0.0179119 -0.91% +26.46%

Happy Cyber Monday.

Online shoppers in the U.S. are expected to spend about $6.6 billion today, up from $5.6 billion one year ago. Thanksgiving and Black Friday, when shoppers spent $7.9 billion and bought more on their mobile devices than last year, had also generated record online sales.

That brightened the overall outlook for traditional retailers that have expanded beyond brick-and-mortar outlets into e-commerce. The availability of deals and promotions throughout November hurt shopper traffic at stores. If you don’t find a great deal today, be patient – look for deeper discounts to be offered later in December.

Online sales at Wal-Mart grew 50 percent year-over-year in the most recent quarter. It now accounts for 3.6 percent of total U.S. online sales in the 12 months to October 2017, up from a 2.8 percent share a year ago. Even with this progress, Wal-Mart has a long way to go. Amazon’s share of the U.S. e-commerce market stands at 43.5 percent. About half of U.S. households are estimated to have Amazon Prime subscriptions.

GlobalData’s preliminary tracking figures have already predicted total Black Friday sales to have risen the most since 2011. The National Retail Federation (NRF), the industry’s trade group, is calling for an increase as much as 4 percent, with those results set to be released Tuesday afternoon.

After several years of growth, Small Business Saturday saw a dip in both foot traffic and overall dollars spent. The American Express-sponsored shopping holiday saw 108 million shoppers spend $12.9 billion on Nov. 25 at independently owned businesses. That is down from $15 billion in 2016.

Increasingly, the idea of one single day of shopping has been replaced by a month of holiday shopping. It’s no longer Black Friday. It’s now Black November. As retailers increasingly spread sales and discounts throughout the month, November has become a shopping extravaganza.

Online sales from November 1 through 22 totaled almost $30.4 billion this year, accounting for nearly 18% year-over-year growth, according to Adobe Analytics. In fact, every day in November so far has seen over $1 billion in online sales, creating a new paradigm for shoppers and retailers. Black Friday sales events are starting earlier and earlier in November every year as retailers try to get the jump on one another.

The Census Bureau reports sales of new single-family houses in October 2017 were at a seasonally adjusted annual rate of 685,000 – that’s a 10-year high. This is 6.2 percent above the revised September rate of 645,000 and is 18.7 percent above the October 2016 estimate.

Inventories are tight: it would take 4.9 months to sell all existing inventory – that’s down from 5.2 months’ supply of homes in September. The median sales price of new houses sold in October 2017 was $312,800. The average sales price was $400,200. New-home sales, tabulated when contracts get signed, account for about 10 percent of the market.

Congress is back in session for the next 3 weeks, with a busy schedule. Tomorrow, we’ll hear the Senate confirmation hearing for Jerome Powell, Trump’s nominee to head the Federal Reserve. We’ll get to hear Powell’s ideas on monetary policy, banking regulation and his general approach to run one of the most important institutions in the world.

Confirmation hearings are often unpredictable. While Powell could face some scrutiny, particularly from Republicans who don’t care for the central bank to begin with, and Democrats who want a tighter rein on Wall Street, Powell’s confirmation is all but assured.

Wednesday morning, current Fed Chair Janet Yellen delivers her final Humphrey Hawkins testimony on the economy, before the Joint Economic Committee.

Today, Dallas Fed President Robert Kaplan delivered an especially hawkish speech. Kaplan said he is “cognizant of financial imbalances” present in the current economy and suggested that the unemployment rate may be starting to extend too far beyond its natural level.

Specifically, Kaplan noted: stock market capitalization is about 135% of GDP, the highest since 1999-2000 just before the technology bubble burst; Commercial real estate prices and the valuation of debt both appearing “notably extended”; Historically low stock market volatility, which Kaplan described as “extraordinarily unusual”; Margin debt at record-high levels and Kaplan warned, “In the event of a sell-off, high levels of margin debt can encourage additional selling, which could, in turn, lead to a more rapid tightening of financial conditions”; and US government debt at about 75 per cent of GDP – a level Kaplan calls “unlikely to be sustainable”.

The big news on Capitol Hill continues to be the tax reform legislation, which might see a final Senate vote this week if they can muster the votes. With several senators not yet committed to supporting the $1.5 trillion tax plan, the week is expected to be punctuated by behind-the-scenes arm-twisting and deal-making as Republican leaders work to find enough votes to pass the bill along party lines.

At least a half-dozen senators have raised concerns about the bill, including its potential to add to the federal deficit and a provision that would eliminate the Affordable Care Act requirement that most Americans have health insurance or pay a penalty. The talks could result in substantial changes to the bill before it reaches the Senate floor, or, more likely, in amendments that the full Senate would vote on.

Any bill that passes the Senate is likely to differ in significant ways from the House-passed version, and Republican leaders in both chambers have said repeatedly that such differences will be worked out in a formal conference committee.

Recent national polls show the plan fails to garner the support of a majority of Americans; several polls show a majority actually opposing it. According to a new analysis from the Tax Policy Center, the Senate bill gives more than 60% of its benefits to the top 1% of taxpayers. Those in the top 0.1% of incomes are set to get 40% of all cuts.

The ongoing brouhaha over who is the rightful interim leader of the Consumer Financial Protection Bureau spilled over into Monday morning, as the two people separately tasked with leading the independent agency sent dueling emails asserting their authority.

In the first email to staffers this morning Leandra English — whom the departing director, Richard Cordray, named the acting director on Friday — called herself “acting director” and expressed gratitude to her CFPB colleagues “for your service.” That was followed up by a memo from Mick Mulvaney, the director of the Office of Management and Budget who was tapped by Trump to serve as acting director of the agency shortly after Cordray announced English, his chief of staff, as his interim successor.

Mulvaney’s memo told staffers to disregard the memo from acting director English. Then English filed a lawsuit in federal court seeking a temporary restraining order to prevent Mulvaney from fulfilling Trump’s appointment. Either English or Mulvaney will serve as acting director until the Senate can confirm a permanent nominee.

Media company Meredith Corp said on Sunday it will buy Time Inc, the publisher of People, Sports Illustrated and Fortune magazines, in a $1.84 billion all-cash deal backed by conservative billionaire brothers Charles and David Koch.

The state of Maryland passed a ban on “assault” weapons after the 2012 mass shooting at a Newtown, Conn., elementary school. A district judge had cast doubt on the constitutionality of the law. But the full U.S. Court of Appeals for the 4th Circuit in Richmond upheld the ban in a 10-to-4 vote.

That court went further than other appellate courts that have reviewed similar laws, stating that “assault weapons and large-capacity magazines are not protected by the Second Amendment.” That court went further than other appellate courts that have reviewed similar laws, stating that “assault weapons and large-capacity magazines are not protected by the Second Amendment.”

The majority opinion refers to the banned firearms as “weapons of war” that the court says are most useful in the military. Attorneys general in 21 states asked the Supreme Court to hear the Maryland case, and the National Rifle Association and other gun rights groups had joined the effort.  Today, the U.S. Supreme Court declined to hear the case, meaning the Maryland ban on assault weapons stands.

In the past year, bitcoins have generated transaction fees of nearly $219 million. And at $9,600 a piece, the total value of all bitcoins — their market cap — now tops $160 billion. That gives bitcoins the equivalent of a trailing P/E ratio of 708. Bitcoin now has a bigger market cap than General Electric, or Disney.

Bitcoin has increased nearly tenfold in price so far, this year. The digital currency has surged 50 percent in November alone. Bitcoin’s price has been helped in recent months by the announcement that the world’s biggest derivatives exchange operator CME Group would start offering bitcoin futures. The company said last week the futures would launch by the end of the year though no precise date had been set.

If you still don’t understand the underlying premise of bitcoin, you are not alone. There is no inherent value, just a transaction that happens based upon blockchain. Blockchain creates a quick, permanent and secure record of transactions, eliminating the need for a third party such as a bank.

Banks and other large corporations are testing how blockchain can help improve everything from supply chain management to global payments. The blockchain technology is very real but bitcoins are pure speculation that has now grown into a bubble. Not a huge bubble but big enough to pain.

Monday, October 23, 2017

Watching Paint Dry

Financial Review

Watching Paint Dry


DOW – 54 = 23,273
SPX – 10 = 2564
NAS – 42 = 6586
RUT – 11 = 1497
10 Y – .01 = 2.38%
OIL + .02 = 51.86
GOLD + 2.00 = 1283.00

Cryptocurrency

  • Number of Currencies: 876
  • Total Market Cap: $169,012,985,919
  • 24H Volume: $5,690,782,655

Top Cryptocurrencies

  Name Symbol Price USD Market Cap Vol. Total Vol. % Price BTC Chg. % 1D Chg. % 7D
  Bitcoin BTC 5,710.1 $94.82B $3.11B 54.62% 1 -3.33% +0.46%
  Ethereum ETH 308.99 $29.31B $784.44M 13.78% 0.0541205 +8.51% -6.30%
  Ripple XRP 0.20325 $7.87B $167.54M 2.94% 0.00003593 +4.97% -20.68%
  Bitcoin Cash BCH 327.67 $5.48B $238.42M 4.19% 0.0576983 +4.86% -0.49%
  Litecoin LTC 57.790 $3.10B $250.59M 4.40% 0.0101885 +5.49% -7.66%
  Dash DASH 294.84 $2.26B $64.49M 1.13% 0.0520935 +5.42% -1.91%
  NEM XEM 0.21126 $1.87B $5.85M 0.10% 0.00003664 +4.21% -7.57%
  NEO NEO 30.300 $1.51B $57.43M 1.01% 0.0053008 +9.19% +6.67%
  BitConnect BCC 195.693 $1.42B $13.41M 0.24% 0.034437 -4.56% +0.06%
  Monero XMR 89.18 $1.35B $38.32M 0.67% 0.0155816 +4.30% -6.85%

Wall Street had opened at record highs following Japanese Prime Minister Shinzo Abe’s emphatic win in weekend polls. The victory also sent the dollar to a three-month high against the yen, as investors bet the win would mean a continuation of “Abenomics,” the ultra-loose policies that have kept downward pressure on the yen. But the early morning gains faded.

General Electric posted its worst single day loss in more than 6 years, dropping more than 6%. Oilfield services company Halliburton warned of slower growth at its oil well drilling and evaluation business, reflecting a steady drop in rig counts in the United States. The outlook suggests Halliburton’s current-quarter might not be as strong as its latest quarter, even as they posted a 15% increase in third quarter revenue.

Halliburton’s shares fell about 1.5 percent. Schlumberger was down 1.5 percent, while Baker Hughes fell 4 percent. Meanwhile, T-Mobile’s quarterly profit topped Wall Street analyst estimates, and the No. 3 U.S. wireless carrier raised the lower end of its expected range of customer additions for the year but didn’t elaborate on a potential deal with rival Sprint.

Still, the S&P 500 index set a record today, completing its longest streak ever without a 3% intraday drawdown. At the close, it overtook the previous record of 241 days set in 1996. The S&P 500 has gone 34 straight days without a 0.5% drop, the longest streak since 1995.

The S&P 500 has fallen by 1% or more in a single day only four times this year, the fewest for a full year since 1964. Its average daily close on an absolute basis has been 0.3% this year, the lowest since 1965. So, that’s it; it’s official – this is the most boring stock market of all time.

As earnings season rolls on we see companies in the S&P 500 are posting earnings growth of just 2.4% through last week, below the already lame 3.7% that was forecast. The first two quarters of the year looked like earnings were great and headed for the moon, but part of that was just the comparison with the first half of 2016 when earnings were declining.

This week brings a heavy slate of reports, as 185 of the benchmark’s constituents post results. At 21.85 times earnings, the S&P 500 is on the pricier side of historical averages.

It’s not theory anymore. U.S. markets are clearly pricing in some version of a tax plan. The tenor of the markets changed in early September when tax reform made its way back into the news cycle. As we get closer and closer, the details become more and more important.

Today, Trump tweeted that there will be no changes to Americans’ tax-deferred retirement plans (such as 401Ks and IRAs), pushing back against reports that the Republicans are weighing a proposal that would significantly reduce the income workers can save in these popular programs. Now that’s good news if you are trying to save for retirement but it might be bad news for a tax plan.

Republicans’ ability to win passage of a tax package hinges on its ability to survive a complex set of legislative restrictions in the Senate. Republicans are attempting to cut business tax rates deeply, and to cut individual tax rates, using a legislative route that allows them to bypass a Democratic filibuster and pass a bill with a simple Senate majority.

To do that, they will need to make some tough political choices, eliminating some popular tax breaks, or employing some budgetary accounting tricks, to offset lost revenues from rate cuts. Trump’s tweet concerned one of those accounting maneuvers, which would have allowed Republicans to effectively borrow tax revenues from the future to offset some rate cuts today.

Reducing 401K contribution limits would force retirement savers to pay more in taxes today, as they sock away money, but less in the future, when they began withdrawing retirement funds tax-free. This move also opens the door for other possible concessions, or maybe we should say – inevitable concessions.

Clearly, nothing like the plan Republicans recently put forward will become law. The plan does not just fail to lift economic growth meaningfully, it adds significantly to the nation’s fiscal problems. It also is politically unpalatable.

The brouhaha over eliminating the state and local income tax deduction, the principal source of additional tax revenue in the plan, has even forced some of the authors of the legislation to step back from it. If a tax bill makes it into law, and odds appear no better than even that one will, then it will be significantly scaled back.

Whenever you open a bank account or apply for a credit card, there is a ton of fine print, which includes a clause that says that if there is a problem, it must be resolved through arbitration – not by going through the courts or joining in a class action lawsuit.

The Consumer Financial Protection Bureau, a watchdog agency, has approved a rule that would block mandatory arbitration clauses, allowing more people to file or join a lawsuit to press their complaints. So, if a bank were to open bogus accounts in your name, or start racking up unwarranted fees, you could still try to resolve the matter through arbitration, but you could also keep the option of taking it to the courts.

One of the big problems with arbitration is that it is difficult for most people to take time out of their schedule to attend arbitration over smaller disputes. Would you take a day off work to attend arbitration over a $100 dispute you may or may not win? Many people just give up.

Another problem is that if a consumer reaches a settlement through arbitration, it generally requires non-disclosure – meaning that other potential plaintiffs do not have the benefit of knowing that other consumers have been wronged, how they settled, or what evidence might have been uncovered in the process – meaning there is no precedent established through the process of arbitration.

And that means there is no record of repeat offenses. Every misdeed by the bank or financial institution is viewed as “one-off” rather than a pattern of improper or even illegal behavior.

Wall Street had hoped Congress would kill the rule before it went into effect later this year. Today, the Treasury Department issued an 18-page report that tries to argue against the protections. With tax reform now taking up much of lawmakers’ attention, opportunities to push through the measure in time are dwindling.

Also slowing their efforts has been backlash against two big financial firms, Wells Fargo and Equifax. Wells Fargo has been under pressure since admitting last year that employees had opened millions of sham accounts customers didn’t ask for, and Equifax is struggling to recover from a massive hack that affected more than 145 million people.

Consumers groups have used both cases as a rallying cry against arbitration clauses, which Wells Fargo and Equifax both use. But the Treasury Department’s report could provide a boost to efforts to derail the rule.

Prime Minister Shinzo Abe made a huge gamble when he called for a snap election to demonstrate confidence in his government. Lucky for him, he won in a landslide. Also lucky are stock investors, and not just those in Japan. The victory likely means the continuation of the Bank of Japan’s huge economic stimulus.

Abe’s policies have allowed gross domestic product to expand for six straight quarters, a rarity for an economy that has been in and out of recession regularly since the 1990s. At less than 3 percent, the unemployment rate is the lowest in 23 years. Japanese shares rose, with the Nikkei 225 Stock Average gaining for a 15th straight day, its longest winning streak on record.

Globally, the BOJ’s continued policy accommodation should help cushion the blow from the Fed’s balance sheet normalization and the ECB’s expected tapering next year. The ECB meets on Thursday and they are widely expected to cut their monthly bond purchase program in half.

The tally is in: Amazon received 238 proposals from cities, states, districts and territories interested in becoming home to the company’s second headquarters. Last month, Amazon announced that it wanted to open a second North American headquarters, setting off a scramble among economic development officials from the United States, Canada and Mexico eager for as many as 50,000 jobs and $5 billion in investment.

The next step is for Amazon’s real estate team to sort through the bids and decide which proposals to consider more closely. It plans to decide early next year. Affordable-housing advocates point to spikes in rents in Seattle as evidence that bidding cities ought to prepare for rising housing costs if Amazon decides to locate thousands of highly paid employees there.

The number of apartments deemed affordable for very low-income families across the United States fell by more than 60 percent between 2010 and 2016. According to a new report by Freddie Mac, rent growth is outstripping income growth in most major metro areas. The apartment vacancy rate was 8 percent in 2009, compared to 4 percent in 2017.

More renters flooded the market after people lost their homes in the housing crisis. That trend, coupled with a stagnant supply of apartments, resulted in increased rents. The report found a significant drop in the percentage of affordable units in seven of the nine states where Freddie Mac financed the most rental units, including Arizona.

Monday, July 10, 2017

3 Things

Financial Review

3 Things


DOW – 5 = 21,408
SPX + 2 = 2427
NAS + 23 = 6176
RUT – 7 = 1408
10 Y – .02 = 2.37%
OIL + .09 = 44.49
GOLD + 1.90 = 1215.10
GOLD – 12.80 = 1213.20
BITCOIN – 0.60% = 2357.73 USD
ETHEREUM – 5.71% = 199.45

Three big events on the calendar this week, including: Janet Yellen’s semi-annual testimony before Congress, another attempt to pass a replacement to Obamacare, and Amazon Prime day.

Congress returned from a July 4 recess, with Senate Republicans beginning to consider what they should do if their Obamacare replacement bill fails. While lawmakers were on recess, they heard from constituents at home, and the message was strong opposition to the Better Care Reconciliation Act; a survey in late June showed the plan had only 17% support from US voters.

With a slim 52-seat majority, they can only afford to lose two GOP senators and still let Vice President Pence break a tie. Roughly 10 GOP senators have come out against the current version of the Senate healthcare bill. Senate Republicans want to roll out a new draft of their bill to repeal and replace Obamacare as soon as this week, with a vote next week.

Before a vote, they will need an update from the Congressional Budget Office. Senators could release an updated draft of their bill by the end of the week. Senate Republicans sent two proposals to the CBO late last month, one including an amendment from Sen. Ted Cruz and one without.

The Cruz proposal would give insurance companies the freedom to sell any kinds of health plans they want if they also sell at least one plan that qualifies under the regulatory requirements of the Affordable Care Act. But the amendment has drawn push-back from GOP senators, who warn that the proposal won’t be able to get enough support to pass. Some senators are now pushing a “repeal now, try to come up with a replacement later” approach.

A straight repeal bill almost certainly would not have the votes to pass. Trump has also suggested moving forward with a simple Obamacare repeal bill if negotiations fall apart. That would at least, supporters say, fulfill a key GOP promise and allow lawmakers more time to draft an acceptable replacement. But Senate Majority Leader Mitch McConnell and more moderate members would rather work with Democrats on a short-term plan to stabilize the insurance markets, lest they deteriorate even more.

Meanwhile, the Trump administration is aiming to come to an agreement on a draft tax plan with the House and Senate before the August recess, with the goal of beginning legislative action after the break. The plan always called for dealing with health care first, then tax reform, so…

What will Janet Yellen say in Congressional testimony? The Federal Reserve chair will discuss the outlook for policy and the economy in Congressional testimony on Wednesday and Thursday in her semi-annual testimony before the House and Senate. Investors will focus on her views regarding interest rate policy and when the central bank plans to start winding back its $4.5 trillion balance sheet.

In its latest meeting minutes, released last week, the Fed remained guarded about the timing of reducing reinvestment flows. The minutes noted that several Fed officials wanted to announce the start to the process of trimming asset holdings within “a couple of months’’, suggesting the September policy meeting may well mark the moment.

Against the backdrop of solid job gains, the quibble from the bond market is the lack of inflation pressure. A gain of 222,000 new jobs during June, alongside upward revisions for May and April, was accompanied by sluggish wage growth. So, we are left with a divergence between bond traders and policy officials.

While the Fed forecasts a further tightening of 100 basis points (or 4 more quarter-percentage point hikes) by the end of 2018, the bond market pegs that at around 45bp. Yellen ‘may well seek to narrow the gap between the Fed’s assessment on the policy outlook and what the market is currently anticipating.

Another focus for investors and markets is any expansion of Yellen’s comments regarding ‘somewhat rich’ asset price valuations and those of William Dudley, the NY Fed president, that loose financial conditions can provide ‘additional impetus’ for rate hikes. Look for Yellen to be very transparent. She will probably try to telegraph any Fed action. The Fed has been acting only after there is no doubt they will act.

Yellen says the process for trimming the Fed’s balance sheet will be like watching paint dry. Still, the testimony should be entertaining, if only to demonstrate Congress’ complete lack of basic economics.

In case you haven’t heard, Tuesday, July 11, is the third annual Amazon Prime Day, actually it starts at 6PM (pacific) tonight. With two years of experience under its belt, Amazon is planning its biggest Prime Day yet. If you haven’t heard of Prime Day, it’s Amazon’s biggest sales event of the year. More than 100,000 items are set to be discounted, but the discounts will be available only for Amazon Prime members.

Deals are released sporadically throughout the day and are available for a set time or until the product sells out. New products will be rolled out every 5 minutes or so. What can you expect to be discounted? Everything from home goods, to electronics, to clothing; basically, if it’s available on Amazon, there’s a good chance Prime Day will be one of the best days to buy it.

Think of Prime Day as Black Friday in July; big-ticket items like TVs, tablets, and Amazon products like its Echo smart speakers, Kindle e-readers, and Fire TV will be way cheaper than usual. It’s also a good day to pick up tech accessories you’ve been meaning to buy, like headphones, portable chargers, car mounts, phone cases, or laptop stands.

Those discounts probably won’t be as dramatic, but if you buy a few of them, the savings will quickly add up. Another thing to watch out for is discounts on gift cards, which is basically free money. If you eat at certain restaurants or shop at a specific brick-and-mortar store, it’ll be well worth your while to keep an eye on those.

JP Morgan estimates that Amazon Prime Day would generate about $1 billion in sales, a 55% jump from last year. And because the event requires Prime subscription membership, the effect should carry over into the rest of the year. Still, you might want to shop around; 76 percent of Prime Day shoppers will visit other online stores to research product ratings and reviews before making a purchase on Amazon.

Rival retailers are not about to sit on the sidelines. Instead, they are hoping to capitalize on the heavier-than-normal shopping traffic online this week, and that means almost everybody will be running sales this week.

The Federal Reserve reports consumer credit rose at a 5.8% clip, or by $18.4 billion, in May. That’s the fastest rate in seven months, and comes as revolving credit like credit cards jumped 8.7%. Non-revolving credit, typically auto and student loans, rose 4.7%.

Abercrombie & Fitch is not for sale. Shares of Abercrombie & Fitch plunged 21 percent and dragged down other retail stocks as the teen apparel maker terminated talks over a potential sale. Abercrombie, which has a market value of $650 million, had said in May it was in talks with several bidders regarding a potential sale

The first Model 3 rolled off the assembly line today. The Tesla Model 3 will be priced at around $35,000. Tesla has already taken in roughly half a billion dollars in Model 3 deposits, at $1,000 apiece, and its proposed ramp-up schedule would have it rivaling well-established U.S. market peers like BMW and Mercedes by year’s end.

The only thing standing between Tesla and being the world’s first mass-market electric car-maker is proving it can build, deliver, and service enormous numbers of these vehicles—without sacrificing quality. One down, millions more to go.

Faraday Future, which also makes electric cars said it is deserting its plan to construct a $1 billion manufacturing plant in southern Nevada eight months after suspending the project and sinking at least $120 million into it. Thousands of jobs had been anticipated to come with the construction and launch of the proposed plant on a 900-acre site at the Apex Industrial Park in North Las Vegas.

Honda Motor confirmed an 11th U.S. death involving one of its vehicles tied to a faulty Takata air bag inflator. Honda said the incident occurred in Florida in June 2016 when an individual was working on repairs on a 2001 Honda Accord and the air bag ruptured. At least 17 deaths and 180 injuries worldwide are now tied to the defect that prompted the largest ever auto safety recall and led Takata to file for bankruptcy protection last month.

The Consumer Financial Protection Bureau decided to ban most types of mandatory arbitration clauses, which require credit card or bank customers to use a mediator when they have a dispute — often giving up their right to sue in court.

Mandatory arbitration clauses are found in the fine print of tens of millions of financial products, from credit cards to checking accounts. Because consumers generally don’t carefully read the fine print on the agreements for their checking accounts and credit cards, they are often unaware they are subject to arbitration. Consumer advocates have been pushing for years for stricter federal regulation of these types of clauses.

Banks have strongly opposed banning arbitration clauses, arguing that arbitration is a more efficient way of handling small disputes. There’s also a bottom line impact: banks could be exposed to billions of dollars in lawsuits from customers, specifically class action suits.

Tuesday, September 13, 2016

Inside the Stagecoach

Financial Review

Inside the Stagecoach


DOW – 258 = 18,066
SPX – 32 = 2127
NAS – 56 = 5155
10 Y + .06 = 1.73%
OIL – 1.39 = 44.90
GOLD – 9.00 = 1319.40

Stocks opened in negative territory and then slipped further. Any rallies were half-hearted at best. Two months of tranquility was pierced Friday when the S&P 500 tumbled in its worst rout since the Brexit vote.

Things aren’t any better in the $13.6 trillion Treasury market. Ten-year notes were stuck in their tightest monthly range in a decade up until September.

Stocks exited the tightest trading range in history last week when European Central Bank President Mario Draghi downplayed the need for more measures to boost growth and Boston Fed President Eric Rosengren warned against waiting too long to raise interest rates. Fed rate-hike expectations are falling.

Dovish commentary from Federal Reserve Governor Lael Brainard has pushed back expectations for a September interest-rate hike. In a note out late Monday, economists at Goldman Sachs cut their forecast for a rate increase at the Sept. 20-21 meeting to a probability of 25% from 40% previously. It also lifted the odds for a December tightening to 40% from 30%. This is the third time this month the Goldman economists have changed their stance on the September meeting.

But don’t expect the volatility to just vanish. Abrupt breaks in calm have not been easily resolved in the past. In the five prior instances when turbulence spiked as it did Friday, the S&P 500’s daily swings averaged 1.5 percent in the next 20 days. That’s 2.5 times the move in the previous 20 days.

Oil futures dropped after the International Energy Agency cut its crude forecast, warning that supply will continue to outpace demand well into 2017. Global oil consumption growth sagged to a two-year low in the third quarter as demand faltered in China and India, while record output from OPEC’s Gulf members is compounding the glut.

As recently as last month, the IEA had expected the market to return to equilibrium this year. The agency downgraded its global oil demand predictions by about 100,000 barrels a day for this year to growth of 1.3 million barrels a day and cut its forecast for 2017 by 200,000 barrels to growth of 1.2 million a day. And as demand weakens, “Global inventories will continue to grow: stockpiles in July smashed through the 3.1-billion-barrel wall.”

With its first long-range electric car, General Motors has released figures that show it’s focused on beating Tesla at its own game. The new Bolt will be rated at 238 miles on a single charge when it comes to showrooms later this year, giving it a longer range than the Model 3, which is expected to have a range of least 215 miles and isn’t expected to go on sale until 2017. The Bolt is also likely to be priced at about $37,500, close to the same price point as Tesla’s first mass-market car.

The record-breaking installations of solar panels in the U.S. continues with 2 gigawatts installed in just the second quarter of this year, according to new data from GTM Research and the Solar Energy Industries Association (SEIA).

The solar industry installed 2,051 megawatts between April and June, marking the eleventh consecutive quarter in which the U.S. saw more than a gigawatt of solar capacity added to the grid. The volume of installations also marks 43 percent growth from the same quarter in 2015.

Nevada regulators are set to decide this week on a settlement between Berkshire Hathaway’s utility, NV Energy, SolarCity and the state’s consumer advocate to roll back rate increases for customers who installed rooftop solar systems prior to this year.

The three-member Nevada Public Utilities Commission has scheduled a September 16 vote on a proposal to shield more than 32,000 rooftop solar customers from increases that took effect in January.

Last year, NV Energy proposed increased charges and reduced payments to rooftop solar customers, saying the existing model forced non-solar customers to subsidize those who did use the green power. SolarCity, Sunrun and other solar installers stopped taking customers in the state soon after a December decision by the commission to raise rates on all solar homes.

They sued after regulators denied an appeal of the ruling. The proposal would put existing solar homes back onto the rates they paid before the increases started. NV Energy asked the PUC to grandfather those rates for as many as 20 years.

Phoenix-based Freeport-McMoRan will sell its deep-water Gulf of Mexico assets to Anadarko Petroleum for $2 billion. The deal is expected to close before year’s end. Freeport’s sale all-but ends a disastrous diversification from copper and gold mining into energy drilling, a move that received widespread investor criticism and is at the heart of the company’s 66% share price collapse over the past three years and the suspension of its quarterly dividend.

Fewer Americans lived in poverty in 2015 and median incomes charted their first increase since the Great Recession, according to data released today by the Census Department. The official poverty rate fell 1.2 percentage points between 2014 and 2015 to 13.5%, and the number of people in poverty fell by 3.5 million.

The threshold for a family of two adults and two children to be considered living in poverty was $24,036. Real median household income rose 5.2% during the year, the first annual increase in median household incomes since 2007. Earnings also increased: 1.5% for full-time year-round male workers, and 2.7% for female workers. That was the first significant annual increase in median earnings for either gender since 2009.

A measure of small-business sentiment declined in August as owners became more hesitant, with election worries at the forefront. The National Federation of Independent Business small-business optimism index fell 0.2 points to 94.4. The outlook for business conditions in the next six months had the most dramatic change, dropping seven points.

Boeing reports Chinese airlines are likely to purchase 6,810 planes worth just over $1 trillion in the next 20 years as they expand fleets to cater to growth in tourism.  Boeing will also unveil its T-X trainer plane today, designed jointly with Sweden’s Saab AB. The company is counting on the model to train generations of U.S. fighter pilots, and keep alive its St. Louis manufacturing base.

A second Hanjin vessel will dock and unload at the Port of Los Angeles after more than a week stranded off the Southern California coast. The move raised hopes that gridlock could be easing after a U.S. bankruptcy judge issued an order Friday allowing the financially ailing Hanjin Shipping Co. provisional protection from creditors so vessels could dock and unload products.

Meanwhile, the South Korean government is sticking to its hard-line stance on Hanjin Shipping. Government money will not be used to bail out the shipping company, although aid may be extended to small-to-medium sized businesses jolted by the process.

Starting in 2011, Wells Fargo employees opened 2 million bank and credit card accounts in customers’ names without their knowledge. The goal was to generate fees for the company and hit aggressive sales targets for employees.

After an investigation, the bank was accused of improperly opening accounts by the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, and the Los Angeles prosecutor. Last week we told you the bank and regulators had settled for $185 million. But wait, there’s more.

The Senate Banking Committee has scheduled a hearing for September 20th to investigate the matter. Moody’s, a credit rating agency, issued a warning that the settlement may have a negative effect on Wells’ debt because of image concerns and called the incident “highly disturbing.” Today, Treasury Secretary Jack Lew said Wells Fargo had participated in “bad behavior,” and that the accusations showed bank regulation should not be rolled back.

Wells CEO John Stumpf, in an interview with the Wall Street Journal, said that there “was no incentive to do bad things” at Wells and laid the blame on the employees rather than the culture of the firm.

CFO John Shrewsberry said the fraudulent accounts were not opened in order to generate revenue for the bank. Instead, a few employees opened them to boost their performance. The bank claims that 5,300 lower level employees were fired in relation to the cross-selling shenanigans, however that number is now in question.

That figure covers terminations over the period that the regulators investigated, from 2011 through 2015. The regulators did not start investigating until 2014.

Most of the firings were probably not related to the scandal. Or if they were firing employees for opening phony accounts, it means upper management was aware of fraudulent activity and failed to report it.

But wait, there’s more. Wells Fargo executive Carrie Tolstedt tendered her resignation in June and is scheduled to leave the bank at the end of the year. Wells Fargo says her retirement is not a result of the findings of the investigation.

She is in line to receive roughly $125 million in stock and other compensation from the bank; a golden parachute. Tolstedt was in charge of community banking during the entire time the “sandbagging” operation took place.

Her success in cross selling was repeatedly cited in annual proxies as the reason for her $9 million a year in compensation, plus the retirement package. When she resigned, John Stumpf said Tolstedt had been one of the bank’s most important leaders and “a standard-bearer of our culture and a champion for our customers.”

I’m not sure what kind of culture Stumpf champions, but it looks like modern day bandits are more likely to be inside the stagecoach than outside it.

Thursday, May 05, 2016

$6 Battery

Financial Review

$6 Battery


DOW + 9 = 17,660
SPX – 0.49 = 2050
NAS – 8 = 4717
10 Y – .04 = 1.75
OIL + .34 = 44.32
GOLD – 1.40 = 1278.60

The number of Americans filing for unemployment benefits rose more than expected last week, posting the biggest gain in more than a year. Initial claims for state unemployment benefits increased 17,000 to a seasonally adjusted 274,000 for the week ended April 30. The four-week moving average of claims, considered a better measure of labor market trends as it irons out week-to-week volatility, rose 2,000 to 258,000 last week.

Another report showed a 35 percent surge in planned layoffs by U.S.-based employers last month. Most of the announced job cuts were concentrated in the energy sector.  Challenger, Gray & Christmas said US-based companies announced 65,141 job cuts last month.

The jobs report for April due out tomorrow morning. Investors will be watching closely to see if it could have any impact on the Federal Reserve’s plans for raising interest rates at its next policy meeting in June. The report is expected to show jobs grew by 200,000 last month while the unemployment rate stayed at 5 percent.  A strong jobs report would be a possible indicator of Fed tightening. An early rally on Wall Street this morning faded into the close.

MetLife said it’s seeking to exit most of its hedge-fund portfolio after a slump in the investments. The insurer is seeking to redeem $1.2 billion of the $1.8 billion in holdings, a process that may take a couple of years to complete. The portfolio, which posted negative returns in the quarter, was cut by about $600 million in 2015. MetLife reported profit Wednesday that missed analysts’ estimates. Investment income fell 17 percent to $4.5 billion, hurt by both hedge funds and low bond yields.

American International Group posted a third-straight unprofitable quarter on losses from hedge funds and declines in the value of other investments. AIG is reshaping its portfolio, expanding bets on highly rated bonds and property lending while scaling back on hedge funds after the company was burned on those investments.

AIG also is among insurers that have large holdings of energy bonds that were pressured by declines in commodity prices. And it isn’t just the insurance companies that are abandoning hedge funds; the New York City Employee Retirement System, the city’s largest pension fund, announced last month it was liquidating its hedge fund portfolio, citing big fees and bad performance.

Hedge funds have been underperforming. A challenging trading climate in 2015 left a composite index of hedge funds down 0.9 percent for 2015. By comparison, the Standard & Poor’s 500 inched up 1.38 percent for the year. The market pain continued into the first quarter of 2016, when investors pulled $15.1 billion out of the hedge fund industry, the largest outflow since 2009.

It also looks bad for junk bonds. HYG, the high yield ETF, just experienced a 4 day, $2.3 billion outflow, which is the fastest and largest redemption it has ever experienced. Which could mean nothing or it could mean the nearly 60% bounce in crude oil prices from the 2016 low is just a temporary move.

Alibaba Group, China’s biggest e-commerce company, said fourth-quarter revenue rose 39 percent, beating Wall Street estimates, helped by growth in gross merchandise volume. The number of mobile monthly active users rose 42 percent to 410 million. Alibaba represents a big part of the spending by Chinese consumers and so a re-acceleration in volumes is an indication that the Chinese consumer continues to be strong.

Amazon.com could take as much as a 30 percent stake in a large cargo airline, its second such deal this year as the e-commerce giant steps up efforts to take control of its own delivery logistics. As part of the agreement, Atlas Air Worldwide Holdings will operate 20 Boeing 767-300 cargo planes for Amazon. The Seattle-based retailer is moving quickly to build up its delivery network, seeking to wean itself from dependence on United Parcel Service and FedEx.

Tesla Motors on Wednesday posted quarterly results that were just slightly better than Wall Street’s expectations. The electric automaker reported a first-quarter loss of 57 cents per share on $1.6 billion in revenue, but the big news was the guidance from CEO Elon Musk; Tesla delivered just over 14,000 cars in the first quarter; Musk said he expects production of 100,000 to 200,000 Model 3 vehicles in the second half of next year, and 500,000 cars in 2018.

If that sounds like a pretty outrageous promise, well… yes, except Tesla already has more than 400,000 pre-orders for the Model S. The challenge isn’t in the sales numbers, it will be the ability to transition from technology and design to manufacturing.

Merck reported lower-than-expected quarterly revenue, hurt by disappointing sales of its Januvia diabetes treatment and Remicade arthritis drug. But the second-largest US drug maker beat first-quarter earnings forecasts because of cost controls and a weakening dollar, and it slightly raised its full-year profit outlook.

The Consumer Financial Protection Bureau unveiled a proposed rule this morning to restrict the use of arbitration clauses in consumer financial contracts, a step that would shift power to consumers and away from companies for a wide range of financial products from credit cards to bank accounts to private student loans. The CFPB aims to prohibit financial companies from using mandatory-arbitration clauses in contracts with consumers as a way to block class-action lawsuits and force customers into private negotiations to solve disputes. The new rule does not require congressional approval.

Class action suits might not be the easiest way to get your day in court, and the big winners tend to be the lawyers. The argument for arbitration is that it is a quick, easy, and inexpensive way to resolve a dispute; the reality is that very few cases, only about 100 a year, for cases under $2,500, end up in arbitration after their path to class action is blocked. And of those cases that make it to arbitration, the customer typically loses, more than 95% of the time.

One reason why arbitration works so well for the companies is that they select the arbitrators. The arbitrators that are chosen to serve are not only screened to be big institution friendly; arbitrators that wind up ruling in favor of customers have this funny way of being moved to the bottom of the selection list. The result is that companies using arbitration clauses tend to act with impunity. Class actions are the only way that companies can be brought to heel.

California Governor Jerry Brown has signed a pack of bills that will raise the smoking age from 18 to 21, restrict the use of electronic cigarettes in public places and expand no-smoking areas at public schools. The new laws, which take effect June 9, are a big boost to a movement that is turning into the next major challenge for the $100 billion tobacco industry. Lawmakers in 10 other U.S. states are currently considering similar legislation.

Meanwhile, the FDA announced it will regulate e-cigarettes and vaporizers, also cigars and pipe tobacco. Congress gave the FDA authority to oversee tobacco products in 2009, but until now the agency had not finalized rules to regulate e-cigarettes and cigars.

The rules prohibit sales to minors, ban free samples, require package warning labels, and call for makers of products released after 2007 to seek FDA permission to remain on store shelves. Companies will have 24 months to file pre-market applications for their products, according to the rule. The FDA then has a year to review the submission, during which the products can remain on shelves.

YouTube is planning a paid subscription service. Alphabet’s YouTube is planning to launch a subscription-based bundle of streaming cable channels. The new service will be called “Unplugged,” and it is set to launch as soon as 2017. It is not yet clear what channels will be included.

The ECB is also discontinuing production of the €500-euro note due to concerns that it could facilitate illegal activities. Terrorists and drug cartels need cold hard cash to operate, and the European Central Bank is taking a big step to make it harder for them. The ECB will stop printing its 500 bill in the next two years, though it will still be in circulation.

Another oil and gas bankruptcy? SandRidge Energy is in discussions with creditors about reaching a restructuring deal ahead of a possible bankruptcy filing. According to its annual report, SandRidge had $3.6 billion in debt at Dec. 31.

My smartphone has more computing power than the first Apollo space mission that landed on the moon. I don’t use all that computing power. I send text and emails, take pictures, use the maps, and check out stuff on the interwebs. Sometimes I make phone calls. It’s a couple of years old and the battery started fading a couple of weeks ago. I went to Best Buy for a replacement battery; they didn’t have it in stock but the clerk suggested an upgrade to a new phone. I did not buy.

I went to Amazon.com and ordered a new battery for $6 dollars compared to a new phone at about 100 times that price. My old phone is working great again. Smartphone upgrades have been steadily declining over the last five years. For the first time, smartphone growth went into the negative for the first quarter. Seems people just aren’t upgrading like they used to.

Thursday, October 01, 2015

Before the Deluge

Financial Review

Before the Deluge


DOW – 12 = 16,272
SPX + 3 = 1923
NAS + 6 = 4627
10 YR YLD – .02 = 2.04%
OIL – .11 = 44.98
GOLD – 1.80 = 1114.50
SILV un = 14.63

Manufacturing grew in September at the slowest pace in more than two years. The Institute for Supply Management said its manufacturing index dropped to 50.2% last month from 51.1% in August, reflecting a stronger dollar and weaker global economy that is hurting U.S. exports of many major American-made goods. That’s the weakest reading since May 2013, although any reading above 50 indicates growth.

The number of people who applied for unemployment benefits rose by 10,000 to 277,000 in the week ended Sept. 26, but initial claims remain extremely low in a sign of steady improvement of the labor market. The average of new claims over the past month, meanwhile, fell by 1,000 to seasonally adjusted 270,500. The level of new claims sank below 300,000 in early March and has remained there for 30 straight weeks, a feat last accomplished in 1973, when the nation’s working population was 40% smaller. Tomorrow morning is the monthly jobs report from the Labor Department.

Construction spending increased 0.7% in August, and gained 13.7% over 12 months. Residential construction rose 1.3%, while nonresidential construction grew 0.3%. Construction of lodging climbed 2.8% and has climbed 41.4% over 12 months.

Not all American homes are rising in value and not all markets are experiencing the recovery evenly. According to a report from Zillow, almost 30% of all homes lost value in August from a year earlier; that’s down from a high of 65% in 2009, although a normal housing market would be closer to 20%. Overall, the median value of homes rose 3.3% year-over-year to $180,800, but appreciated at half the pace of August 2014.

President Obama has signed into law a bill that extends federal funding until December 11 after the Senate and the House yesterday passed the proposal, as expected. Had Congress not approved the measures, the government would have shut down today, the first day of the new fiscal year. Republicans and Democrats now have around ten weeks to formulate a long-term budget, with the parties looking to strike a two-year deal.

Hurricane Joaquin is headed for the East coast, maybe. Where it lands is still uncertain. Joaquin is a Category 3 hurricane with winds of 125 miles per hour and gusts to 155 miles per hour; an increase of the sustained winds to 130 mph would make it a Category 4 storm. Right now it is hitting the Bahamas and within the next 24 hours, it is expected to head north, possibly hitting the Carolinas, or Virginia, or even making land near New England.

The best guesstimates have it headed for New York City. If the hurricane heads for the coast, it will lose some of its punch and slow down to a Category 1 or possibly a tropical depression before landfall. Even if it veers to the northeast and heads out into open waters, it is expected to produce serious flooding. Beyond the wind and the rains, there is a strong possibility of waves approaching 30 feet and storm surge of 8 feet.

Even as the track of the storm is uncertain, the governors of Virginia and New Jersey have already declared a state of emergency.  We all remember Hurricane Sandy but if current projections hold, Joaquin won’t be another Sandy, but nature is unpredictable. Parts of the eastern U.S. from Florida to New Jersey are under flood watches and warnings today, with more than 10 inches of rain already having fallen in some areas this week.

The weather is a staple for the commodity markets. The rain and flooding is expected to be a big problem for cotton farmers in Georgia and the Carolinas. Atlantic hurricanes can be mildly bullish for energy markets as oil and gas platforms could be shut down as a precaution. They could also damage infrastructure, such as refineries and transportation. Traders now expect minimal disruptions to energy markets.

The big three U.S. automakers – GM, Ford, and Fiat Chrysler – reported a jump in September sales as cheap gasoline and ultra-low interest rates drove demand for sport utility vehicles and pickup trucks. Total U.S. auto sales, an early glimpse of consumer spending each month, are expected to have risen about 14% last month.

According to auto industry consultancy Edmunds.com sales got a boost from the calendar, with the entire Labor Day weekend falling in September for the first time since 2012. GM said its total sales in September rose 12%; Ford posted sales gains of 23%; and Fiat Chrysler says September sales were up 14%.

Deere and the United Auto Workers union have reached a tentative agreement to replace the six-year master labor contract that ended at midnight last night. The deal is for another six years and will now go to a vote of the 10,000 Deere manufacturing staff that the UAW represents.

Ratification of a contract between the UAW and Fiat Chrysler appears to be impossible after workers at assembly plants in Ohio and Michigan on Tuesday overwhelming voted against a proposed four-year deal.

Samsung is now accused of Volkswagening its TVs. Yep, that’s the new word for cheating on environmental tests. Independent lab tests show Samsung televisions use less power when they are tested for energy efficiency ratings than during real world use. Sweden’s government has also been looking into TVs from unspecified manufacturers that “clearly recognize” the video used in testing, and which “immediately lower their energy use by adjusting the brightness of the display” in response.

Google and Microsoft have ended a long-running patent spat involving about 20 suits in the U.S. and Germany. Microsoft had alleged that Google’s former Motorola Mobility unit infringed its IP. Google, which held onto most of Motorola’s patents following its sale to Lenovo, alleged that Xbox consoles infringed its patents. Now they’ve made nice with each other, Google and Microsoft plan to cooperate on various patent issues.

The Centre for Economic Policy Research says the Eurozone recession is over. Like the National Bureau of Economic Research in the U.S., the CEPR labels recessions based on a variety of economic indicators and not the informal definition of two consecutive quarters of negative GDP growth. The CEPR said the period from the third quarter of 2011 to the first quarter of 2013 represented the second post-financial crisis recession in the Eurozone. The reason the CEPR feels confident in saying the Eurozone is out of the recession is that the duration of the recovery has made up for its slow speed. However, the Eurozone recovery has been “unusually lackluster” by historical standards.

The third quarter was ugly for stocks, but there were a few winners. More than 3 dozen companies in the S&P 500 posted double digit gains for the quarter. Chipotle, Amazon, and Google posted 20% gains for the quarter. Merger news also pushed some stocks higher, such as Teco, AGL Resource, Cablevision, Chubb, and Molson Coors. Also making the list: Activision Blizzard, Nike, Under Armor, Best Buy, Royal Caribbean, Southwest Airlines, Reynolds American, and Altria.

Merger activity has been strong in 2015. According to data from Thomson Reuters, $3.19 trillion in deals were announced year-to-date, just 2% below 2007 levels. Many of the transactions were worth more than $10 billion, making up 36.5% of the total. In the third quarter there were fewer deals than in any other three-month period this year, yet the dollar volume surpassed $1 trillion. Energy has been the top industry by value, as companies sought strength in consolidation as the price of commodities plummeted. There was also a slew of health care transactions, especially in insurance and pharmaceuticals. Goldman Sachs and Morgan Stanley were the top-ranked financial advisers on these deals.

Bankers like to make big dollar deals; they don’t like to get their hands dirty with smaller loans, but that doesn’t mean they won’t take a cut. For many years the big banks have bankrolled smaller consumer lenders, also known as payday lenders. In the past they were known as loan sharks, and even as the names changed, the terms didn’t; these lenders are still charging outrageous rates, sometimes more than 200%.

But now the Consumer Financial Protection Bureau (CFPB) is starting to tighten regulations on the consumer lenders. The lenders have come under scrutiny for a range of practices that can lead borrowers to believe they are paying far less in interest and fees than they actually are. Now that regulation is getting tighter, the big banks are trying to protect their loans to the subprime lenders; the big change is an amendment that says that if one of the loan sharking companies faces regulatory action that has a material impact on its business, it would constitute a default. And a default would give the big banks the right to seize the lender’s assets, at least in theory; or a pound of flesh if it suits them.

JPMorgan Chase shareholders have won court permission to pursue their securities fraud lawsuit as class action against the bank over the “London Whale” trading scandal, which caused a $6.2 billion loss. Shareholders led by pension funds in Arkansas, Ohio and Oregon alleged that JPMorgan, CEO Jamie Dimon and CFO Douglas Braunstein knowingly hid increased risks at the Chief Investment Office operating in London, including on an April 13, 2012 conference call when Dimon called reports about the synthetic portfolio a “tempest in a teapot.”

It turned out to be a $6.2 billion loss by the London Whale and fallout contributed to even bigger losses for shareholders as market capitalization dropped by $40 billion from April 13 to May 21, 2012. And don’t forget the $1 billion in fines reached in a settlement with regulators that included a rare admission of wrongdoing.