Morning in Arizona

Morning in Arizona
Rainbows over Canyonlands - Dave Stoker

The Headline Animator

Showing posts with label DPA. Show all posts
Showing posts with label DPA. Show all posts

Wednesday, September 07, 2016

Sleepwalking Higher

Financial Review

Sleepwalking Higher


DOW – 11 = 18,526
SPX -0.32 = 2186
NAS + 8 = 5283
10 Y – .01 = 1.54%
OIL + 1.34 = 46.80
GOLD – 4.40 = 1346.00

World stocks hit their highest in more than a year and the dollar fell against the yen. Emerging market shares led the charge, touching their strongest levels since July 2015. European shares reversed early losses. The Stoxx 600 index edged up 0.1 percent towards eight-month highs hit on Monday, led by a rise of almost 1 percent in oil and gas shares.

Euro zone government bond yields fell as some investors bet the weak U.S. data, which followed weaker-than-expected jobs numbers on Friday, would pressure the European Central Bank to ease monetary policy further. The ECB meets tomorrow. While US markets were mixed, the Nasdaq Composite hit another record high close.

In a follow-up to last Friday’s Jobs Report, the Labor Department released the JOLT survey, or Job Openings and Labor Turnover, which provides detail on the labor market. Job openings jumped to 5.87 million openings, an all-time high, while hires increased to 5.23 million from 5.17 million in June. The number of people quitting jobs voluntarily was flat at 2.98 million, but that’s still up substantially from the depths of the recession, signaling more worker confidence in the ability to find another job.

The Fed published its Beige Book, an anecdotal look at economic conditions around the country, designed to provide guidance two weeks ahead of the next FOMC policy meeting. Overall, the Beige Book had the same modestly positive tone seen in the last few surveys. The latest report gave no hint of a second-half surge in growth or any reason for urgency to raise interest rates. Six Fed districts reported tight labor markets but overall “wage pressures remained fairly modest.” Three districts reported businesses are cautious ahead of the elections.

It “makes sense to get back to a pace of gradual rate increases, preferably sooner rather than later,” San Francisco Fed President John Williams announced late Tuesday. He also said the economy was in “good shape,” predicting unemployment, now at 4.9%, to fall to 4.5% in 2017 and inflation to rise to the Fed’s 2% target in the next year or two.

Richmond Fed President Jeffrey Lacker and Kansas City Fed President Esther George testified at a congressional hearing this morning. Lacker said, “It looks like the case for a rate increase is going to be strong in September.” George said during the hearing she believes the US labor market is at or near full strength. We keep hearing from Fed officials that a September hike is possible but nobody seems to believe what we hear, in part because the data doesn’t seem to support a hike.

British manufacturing fell sharply in the wake of Brexit. Data from the Office for National Statistics showed manufacturing production fell 0.9% in July, missing expectations of a 0.4% decline. While the reading was disappointing, it should be noted that production fell 0.2% in June and 0.6% in May.

Today is an Apple Event Day. I know you’re all excited, so here are the details: the iPhone 7 has two camera lenses (wide angle and telephoto), it does not have a headphone jack but it will ship with a headphone adapter, they also introduced their own wireless headphone, it is water resistant – so go ahead and toss your $649 phone into 50 meters of water without trepidation.

If nothing else, the iPhone 7 packs a punch. With 256 gigabytes of storage for its most powerful version, Apple’s new iPhone has 64 times the amount of space as the company’s original smartphone nine years ago. Increased storage is a critical piece in convincing consumers to upgrade, as anyone with a 12 gig iPhone 5 can attest.  They also unveiled an iPhone 7 Plus for people who don’t want a phone that can fit in their pocket; plus, an Apple Watch 2 for some reason.

Separately, Ireland’s parliament today debated the government’s decision to appeal the €13-billion-euro tax ruling against Apple by the European Commission. They will collect the tax but they will hold the revenue in escrow while they appeal the decision.

South Korea’s Hanjin Shipping has won a temporary order from a U.S. judge extending bankruptcy protections so its vessels can dock at American ports without fear creditors will try to seize its ships. The world’s seventh-largest container carrier and its clients are scrambling to move an estimated $14 billion worth of cargo off ships that are no longer operating normally in the wake of its collapse last week.

More than half of Hanjin’s ships have been blocked from docking at ports and denied service from lashing firms on fears they will not be paid while some vessels have been seized by creditors. With expectations high that Hanjin will eventually be liquidated, there is little clarity on just how the problem of cargo stranded ahead of the peak-year end shopping season will be resolved.

Poland is seeking formal U.S. approval to buy eight Patriot missile defense systems from Raytheon, marking a key move toward closing the estimated $5 billion deal. If cleared, the country will become the 6th NATO Patriot country and the 14th Patriot partner nation. Raytheon has agreed to perform at least half the value of the work in Poland.

Bill Ackman’s Pershing Square hedge fund has taken a 9.9% stake in Chipotle Mexican Grill, the once high-flying company battered by food-safety issues. Pershing Square says the stock was undervalued and attractive. Chipotle shares have dropped about 40% over the past year. Ackman also left the board of Canadian Pacific on Tuesday, marking the end of a four-year tenure that helped overhaul the ailing railroad company.

Apache Corp. stock was among the top gainers today after the oil and gas company revealed an “immense” oil and gas reserve in west Texas. Apache estimated that its more than 300,000 contiguous acres in the region hold about 3 billion barrels of oil and 75 trillion cubic feet of natural gas. It called the field Alpine High.

New York has opened a probe into whether Mylan broke antitrust law under its EpiPen4Schools program, which gives many schools the devices for free, but may have barred institutions from buying rival products for a year. Meanwhile, new reports suggest Mylan pays no more than $30 per EpiPen, while some patients are forced to pay a little over $600 for a two-pack of the lifesaving medication.

Department of Justice prosecutors are considering criminal charges against HSBC related to conduct on its foreign-exchange desk, possibly upending an earlier deal that let the bank avoid prosecution. The new investigation could lead to a step that has often been threatened but rarely taken: prosecutors tearing up a deferred-prosecution agreement if a company fails to comply with the reform plan laid out by the Justice Department. HSBC is essentially on probation: It admitted in 2012 that it helped Mexican drug cartels launder money and did business with Iran and other sanctioned nations.

To avoid charges, it signed the so-called DPA, which required it to improve its internal controls and submit to an outside monitor. If HSBC is found to have broken the terms of the deferred prosecution, then the bank could find itself pulled back into the money laundering and sanctions case that it thought it had put behind it four years ago; prosecutors could invoke a section of the deal that says HSBC could be held responsible for the conduct it admitted to in 2012.

Prosecutors will consider many factors before deciding whether to file a criminal charge against the bank in the currency case, including the severity of the conduct on the foreign-exchange desk and the extent to which the bank moved to address it. A significant argument against charging the bank is that the foreign-exchange conduct on which the charge would be based appeared to be a one-time event that has not been linked to a wider pattern of behavior. Also, the conduct on the foreign-exchange desk predated the 2012 agreement.

Last year, the Justice Department voided a similar deferred prosecution agreement with UBS Group after the bank acknowledged unlawful conduct on its foreign-exchange desk. In 2012, UBS signed a non-prosecution agreement related to accusations that it and other banks attempted to rig benchmark Libor interest rates that affected trillions of dollars of derivatives and loans. But UBS was granted immunity because it self-reported the forex rigging, so…

The nation’s largest investment bank is barring its top employees from contributing to certain political campaigns. The new rules, which went into effect last week, prohibit partners at Goldman Sachs from donating to politicians running for state or local office, or to state officials who are seeking federal office. That applies to Indiana Gov. Mike Pence, Trump’s running mate, which means that the Goldman Sachs partners can’t contribute to the Republican ticket.

The policy, which was spelled out in a memo obtained by The Associated Press, is meant to remove any implication of a “pay for play” scandal. Four years ago, the bank paid $12 million to settle charges that a Boston-based banker had a bond underwriting business in the state while contributing funds to and working for the campaign of Massachusetts gubernatorial candidate Tim Cahill.

The memo specifically highlights the Trump-Pence ticket – and Super PACs supporting the Republicans – as a campaign to which the partners at the New York-based firm can’t donate. But the rules do not apply to the Democratic ticket, since neither Hillary Clinton nor her running mate, Sen. Tim Kaine, are currently state officeholders, though Kaine is a former governor. The new rules apply to 467 Goldman partners and not the approximately 30,000 other employees.

Tuesday, September 08, 2015

No Rhyme nor Reason

Financial Review

No Rhyme nor Reason


DOW + 390 = 16,492
SPX + 48 = 1969
NAS + 128 = 4811
10 YR YLD + .06 = 2.19%
OIL – .11 = 45.94
GOLD – 1.40 = 1122.40
SILV + .22 = 14.90

There is no particular rhyme nor reason to explain today’s rally on Wall Street, or for that matter, last week’s declines. Last Friday’s jobs report did little to provide clarity about whether the Fed would raise rates at next week’s FOMC meeting.

The economy added 173,000 jobs in August, which was below expectations; and the unemployment rate dropped to 5.1%. Following Friday’s employment data, futures market traders predicted about a 20 percent chance a rate hike will come this month, down from around 30 percent before the jobs report. I think the Fed might act next week, just to clear the air. If you remember back to the “taper tantrum” of 2013, when the markets became jittery about the prospect of the end of Quantitative Easing, the anticipation was worse than the actual event. So, the easiest thing might just be to do it and be done.

Of course, it is easy to argue against a rate hike. The U-6 unemployment rate is still around 10.3%; some people consider this the “real” unemployment rate because it includes part-time employees seeking full-time jobs and marginally employed workers. The Fed has a dual mandate: to promote full employment and price stability. Prices have been stable for the most part, inflation is not a problem; the usual argument for raising interest rates is to dampen an overheating economy in which inflationary pressures have become too high.

As for full employment, the Fed has said that 5.2% is full employment, but wages have been stagnant and there is still plenty of slack in the labor market. For many, many people there has been no recovery. The argument for raising rates really does nothing to help Main Street, but it might help the bankers on Wall Street, and faced with that option the Fed has always erred on the side of Wall Street.

China’s imports shrank far more than expected in August, falling for the 10th straight month. Imports fell 13.8 percent from a year earlier; that follows a drop of 8.1% in July.  Exports were down 5.5%. The trade is calculated in US dollars, and research firm Capital Economics reckons that “trade has actually been quite healthy recently in volume terms.”

China’s government has spent $236 billion trying to shore up its stock market since a rout began three months ago, according to Goldman Sachs. At the G20, China was all about talking stability. A governor of the People’s Bank of China said the rout in the stock market was near its end, noting that leverage had declined and that the real economy went relatively unscathed.

Despite the Chinese economy’s visible slowdown and dramatic action over the past month officials maintained that the economy would continue to grow at 7% annually. Yes, the country’s economy will close this year the same way it did last year; 7% growth, despite all the market turmoil and the yuan devaluation and industrial slowdown; 7% growth. China’s major stock indexes moved higher: the Shanghai was up 2.9% and the Shenzen advanced 3.8%.

Japanese Prime Minister Shinzo Abe has won a second three-year term as the President of his Liberal Democratic Party. Japan’s economy contracted at an annualized of 1.2% rate in the second quarter, which was a little better than estimates. However, capital expenditure fell 0.9%, more than the original estimate of 0.1%, clouding growth prospects.

German exports recovered to climb 2.4%  in July after dropping 1.1% in June. Eurozone Q2 GDP growth has been revised up to 0.4% on quarter from an initial estimate of 0.3%. The Stoxx Europe 600 index had its best gains in more than a month.

U.S. small business confidence rose modestly in August, suggesting the economy continued to grow at a steady clip halfway through the third quarter. The NFIB optimism index improved from 95.4 to 95.9 – and still not above the 42 year average of 98. Small business owners did not seem to be very concerned about the antics of the stock market or China’s currency devaluation.

Maybe it was too late in the month to be fully captured by the survey so more might be revealed in September, but most small business owners have their capital primarily invested in their own firm, not other people’s firms. And a side note, thirty-three percent of small business owners reported all credit needs met, and 49 percent explicitly said they did not want a loan. For most of the recovery, record numbers of firms have been on the “credit sidelines”, seeing no good reason to borrow.

The American Medical Association says two proposed mergers of U.S. health insurers worth tens of billions of dollars would hurt competition in commercial health plans in as many as 17 states. Aetna announced plans to buy smaller rival Humana in early July and Anthem agreed to buy Cigna later that month. Both mergers are being reviewed by federal antitrust regulators as well as state insurance officials. The American Hospital Association also recently made public its analysis of the two deals, also saying they would hurt competition.

European Union antitrust regulators have approved GE’s $13.9 billion acquisition of the power business of French peer Alstom. GE will have to sell some of Alstom’s assets.

A federal appeals court is set to decide whether judges can tear up corporate prosecution agreements they deem too lenient. In February, a federal district judge in Washington, D.C., rejected a Deferred Prosecution Agreement, or DPA, he considered weak in a case involving Fokker Services BV, a Dutch aerospace firm accused of making more than 1,000 illegal shipments of parts and components to Iran and other sanctioned countries from 2005 to 2010. The U.S. Court of Appeals for the D.C. Circuit is now reviewing the judge’s decision, with arguments scheduled for this week and a ruling expected in coming months.

DPAs have been the favored tool of the Department of Justice in dealing with banksters. The DOJ sets up a deal to allow banksters or other corporate criminals to promise not to break the law in the future in exchange for a fine; in essence, cash for leniency. In the case of Fokker, the DOJ made a big splash about a $10.5 million fine for selling aircraft parts and services to customers in Iran, Burma and Sudan. There was a parallel civil settlement with the Treasury Department’s Office of Foreign Assets Control to pay an additional $10.5 million. If you go down the press release, you find that Fokker received $21 million in gross revenue for these 1,153 illegal transactions, so the penalty was simply to give back what they received.

It is supposed to be a probationary period for the offenders. If they can stay out of trouble, they can stay out of legal trouble. The problem is that many corporations, especially the bankers, are repeat offenders, serial offenders. In the case of Fokker, the probationary period was only 18 months, and a judge considered that overly lenient. It really doesn’t matter because the DOJ never goes back on repeat offenders.

The major banks, JPMorgan, BofA, Citi, and Goldman Sachs; along with international cohorts, UBS, RBS, HSBC, Barclays, and Deutsche Bank have all been repeat offenders; everything from rigging Libor to forex to muni bond markets to money laundering to bribery to sanctions violations to forgery…, well the list goes on and on. The result is that even after a long history of offenses, JPMorgan can pay a $550 million dollar fine for rigging the foreign exchange markets, sign a DPA, and Jamie Dimon gets a $20 million pay package.

Media General said it would buy media company Meredith Corp for about $2.3 billion to create the third-largest local TV station owner in the United States. The combined company, to be named Meredith Media General, will initially have 88 TV stations that reach 30 percent of TV households.

Blackstone Group’s real estate fund will buy U.S. luxury hotel owner Strategic Hotels & Resorts and a unit of Strategic Hotels Funding LLC in a deal valued at $6 billion, including debt. Strategic Hotels & Resorts is a real estate investment trust that owns hotels operated by top hospitality chains such as Hyatt Hotels Corp, InterContinental Hotels Group and Marriott International.

United Continental has fired CEO Jeff Smisek because of a probe into improprieties at Port Authority of New York and New Jersey. Smisek, who served as chairman, president and CEO, will receive about $4.9 million as separation payment.

Amazon plans to release a $50 tablet in time for the holiday season, with a 6-inch screen tablet and a mono speaker, priced at half the cost of its cheapest Fire device.

MasterCard starts testing a program today to allow cardholders to verify their online purchases with a selfie. The credit card company is also testing fingerprint and voice recognition for verification. (So, if someone steals your card and takes your picture, you are in real trouble.)

This Wednesday, Apple has a big event planned in San Francisco, where they are expected to announce a new iPhone, because that new phone you just bought is already obsolete; they will almost certainly introduce a faster, slimmer phone because – well, because  Apple is a phone company. They are also expected to introduce a redesigned Apple TV set-top box with new capabilities for apps and games, plus recognition of Siri voice commands to search for shows; so now you can ask your TV where you left the remote control.

And they are also expected to announce a new, smarter version of Siri; so you could tell Siri to set the alarm for 6 AM tomorrow morning, and it could wake you up and also turn on the lights, open the curtain and start the coffee machine, if you were really a geek about it.