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Sunday, December 16, 2012

The Big Picture

The Big Picture


What Can Gun Control Advocates Do?

Posted: 15 Dec 2012 03:00 PM PST

Too soon? Not this time.

Over the past decade, I have sadly observed each subsequent shooting tragedy, wondering when things would get so out bad, so out of hand that the United States would finally do something about gun violence.

I think Newton is the tragedy that puts the pro gun advocates on their heels.

I wonder: Is this the tragedy that moves US opinion away from the wild west and towards a more sane and civilized culture? Might we ever get a Supreme Court that understands a “well armed militia” is not the same as an “heavily armed population?”

I am not sure what the solution is — what is logistically ideal or politically feasible.

I do know that of nothing is done, we can expect more Newtons and Virginia Techs in the future . . .

Here’s the Thing: Chris Rock

Posted: 15 Dec 2012 02:00 PM PST

Chris Rock says he “wanted [his] acting to grow.” So what did he do? He took a job on Broadway. Alec goes backstage with Rock after a matinee of The Mother F**ker With The Hat to hear about what it was like for Rock to be in his first play. Rock says rehearsal was the hardest thing he’s ever gone through in his life.

Chris Rock and Alec talk about the play, the movie business and Rock’s career in stand-up.

Alec asks Rock about how the people in his life respond to his stand-up — which as Alec says, can “filet them on stage.” “I’m like a lawyer,” says Rock; “it would all hold up in court.” That said, he admits that everybody is uncomfortable.

Chris Rock

Monday, December 05, 2011

If audio does not work, go to HTT site

Sorting Out the Decade

Posted: 15 Dec 2012 01:00 PM PST

Sorting Out the Decade
John Mauldin
December 15, 2012

 

 

 

 

In today’s Outside the Box I bring you two pieces that, at first glance, may not seem to have much to do with each other. First, Bill Gross, PIMCO managing director, runs down the fierce structural headwinds that our hard-pedaling global economy faces over the next decade. I am going to deal at length with not only his GDP projections for the rest of the decade but those of Grantham and others in the last two Thoughts from the Frontline of this year. This is a challenging environment for traditional portfolio construction, but it's par for the course as we slog through the secular bear market I was first writing about in 1999.

Then Charles Gave instructs us on the distortions in the measurement of risk that have been introduced as the “plain, boring and well-meaning economists working in the entrails of the world central banks” have supplanted the Marxist avant garde in the world’s shift away from "scientific socialism" to “scientific capitalism.”

However, when you think about it, these pieces dovetail in a very convincing – and somewhat frightening – manner. Because what they add up to – if the econocrats are yanking the rug out from under a capitalist system that is already reeling, as Gross says, from debt and deleveraging, a slowing of the locomotive of globalization, and dislocations in technology and demographics – is a profound, ongoing challenge to you and me as investors. Gross and Gave have their own ideas about how we get through this. I don't agree with all their conclusions – this letter is not called Outside the Box for nothing – but I offer these essays because they'll make us think through our own presuppositions. However you view their analysis, they do reinforce the idea that we’re all going to have to be not only careful but very nimble.

I post this note from 35,000, feet flying back from Cleveland to Dallas. American Airlines has now put internet on nearly all of their domestic flights, and I find the time I spend read and respond without interruption up here some of the more productive time I get. Which is good, since the record shows that I have been on some 110-plus different planes this year, most of which were AA. (Lately, when I am asked where I live, I just say my closet is in Dallas.)

It is not just me but other "road warriors" who have noticed that the staff of AA have markedly stepped up their personal service levels (as opposed to United, when they were in similar financial difficulties). More than a few of their employees have gone far out of their way to make my difficult travel schedule a little bit easier and smoother, from frontline staff to their back-office phone mavens, who often perform a little bit of magic rearranging my schedule. And as they add newer planes to their fleet, seat 5B has almost become my home office. So here's a tip of the hat to them and all the service people who make life on the road better. And may your own road be a little smoother these holidays.

I spent last night at Dr. Mike Roizen's home before seeing a few doctors at the Cleveland Clinic. I rode in a limo with him to a speech in Youngstown, Ohio, and we had time to visit at length. Mike has become one of my dearest friends, and our times together are easy ones, deeply treasured. Without this peripatetic life I would not have so many good friends, far and wide. It is the best perk of traveling.

Mike is on the board of the Cleveland Clinic, and he is deeply worried about the fiscal cliff. Even assuming the "doc fix" is passed, as it always is, without an alteration or repeal of the current law, the Cleveland Clinic will be faced with an almost 9% budget cut on January 1. They will lose money on every Medicare and Medicaid patient they see. There are no good solutions other than deep budgets cuts. And since the largest portion of their budget is salaries?…

The CC is held up (rightly so) as one of the most efficient medical organizations in the world. They have no fat to cut. I met the lady, in my walking around at the clinic, who cut $24 million in energy costs and another $2 million in trash-removal costs, at some considerable effort and investment. They leave no dollar stone unturned in the pursuit of efficiency.

Mike and I talked deep into the night and much of the next day, when we could, about our healthcare system. It fills me with deep concern. I have asked Mike to give us an outline of his speech today for an Outside the Box. His five-step "solution" has lowered healthcare costs for the 43,000 CC staff and all firms that have adopted their plan. When you look at his numbers, you understand why the US spends more money on healthcare than Europe. We are indeed that much less healthy. The CC has found out that paying each staff member $2,000 to adopt a healthier lifestyle lowers overall costs by even more than that.

Smoking cigarettes may be your personal choice and God-given right, but it costs the American healthcare system and taxpayers multiple tens of billions. And the same goes for four other lifestyle habits. Want to live long and prosper? And be smarter and have better sex? Just eat right, exercise and avoid a few items. I hope Mike gets me that essay soon, as I want all my closest friends (that would be you!) to stay around with me for a long, long time.

Have a good week. I am looking forward to the holidays and home and family. And while I try to get exercise on the road, my home gym is still the best.

Your ready for a few good nights' sleep in my own bed analyst,

John Mauldin, Editor
Outside the Box

subscribers@mauldineconomics.com

 

 

Strawberry Fields – Forever?

Bill Gross, Managing Director, PIMCO

Living is easy with eyes closed
Misunderstanding all you see
I think I know I mean a yes
But it's all wrong
That is I think I disagree

Strawberry Fields Forever

The Beatles

 

You didn't build that…………… 332

I built that …………………………….. 206

 

Well, I guess that settles it: you didn't build that after all. Or maybe you did, but not all of it. Or maybe like the convoluted John Lennon above "you think you know a yes, but it's all wrong. That is you think you disagree." Whatever. Rather than an economic mandate, November's election was more of social commentary on the Republicans' habit of living with eyes closed. Their positions on what Conan O'Brien labeled "female body parts" – immigration, gay rights and student loans – proved to be big losers, and they will have to amend rather than defend those views if they expect to compete in 2016. I suspect they will. Political parties are living social organisms that mutate in order to survive. We will see straight talking Chris Christie or Hispanic flavored Marco Rubio leading the Republican charge four years from now versus a reenergized Hillary Clinton. It should be quite a show with a "No Country for Old (White) Men" caste to it.

But whoever succeeds President Obama, the next four years will likely face structural economic headwinds that will frustrate the American public. "Happy days are here again" was the refrain of FDR in the Depression, but the theme song from 2012 and beyond may more closely resemble Strawberry Fields Forever, as Lennon laments "It's getting hard to be someone but it all works out." Why is it so hard to be someone these days, to pay for college, get a good-paying job and retire comfortably? That really was the economic question of the 2012 election towards which very few specifics were applied from either side. "There's a better life out there for us," Governor Romney bellowed to a crowd of thousands in

Des Moines, Iowa just days before the election, but in truth he never told us how we were going to achieve it or, importantly, why we weren't realizing it in the first place. The president's political mantra of "Forward" was even more vague.

Their words were mum if only because the real cause of slower economic growth lies hidden in a number of structural as opposed to cyclical headwinds that may be hard to reverse. While there are growth potions that undoubtedly can reduce the fever, there may be no miracle policy drugs this time around to provide the inevitable cures of prior decades. These structural headwinds cannot just be wished away as we move "forward" whether it be to the right, the left or dead center. Last month in a major policy speech at the New York Economic Club, Fed Chairman Ben Bernanke concurred that the U.S. economy's growth potential had been reduced "at least for a time." He in effect confirmed PIMCO's New Normal which has been in place for three years now, laying the blame in part on the financial crisis, diminished productivity gains, and investment uncertainty due to the near-term fiscal cliff. We do not disagree. However, there are numerous other structural headwinds that may reduce real growth even below the New Normal 2% rate that Bernanke has just confirmed, not only in the U.S. but in developed economies everywhere.

They are:

1) Debt/Delevering

Developed global economies have too much debt – pure and simple – and as we attempt to resolve the dilemma, the resultant austerity should lower real growth for years to come. There are those that believe in the "Brylcreem" approach to budget balancing – "a little dab'll do ya." Just knock a few percentage points off the deficit/GDP ratio, they claim, and the private sector will miraculously reappear to fill the gap. No such luck after 2–3 years of austerity in Euroland, however. Most of those countries are mired in recession and/ or depression. Political leaders there should have studied the historical evidence presented by Carmen Reinhart and Ken Rogoff in a critically important paper titled, "Growth in a Time of Debt." They conclude that for the past 200 years, once a country exceeded a 90% debt/GDP ratio, economic growth slowed by nearly 2% for both developed and developing nations for an average duration of nearly a decade. Their work displayed below in Chart 1 shows the result in the United States from 1790–2009. The average annual U.S. GDP rate growth, while clearly influenced by the Great Depression, was -1.8% once the 90% barrier was exceeded. The U.S., by the way, is now at a 100% debt/GDP ratio on the basis of the authors' standard measuring yardstick. (Note as well the 5_% average inflation rate during the same periods.)

In addition to sovereign debt levels which were the primary focus of the Reinhart/Rogoff studies, it is clear that financial institutions and households face similar growth headwinds. The former needs to raise equity via retained earnings and the latter to increase savings in order to stabilize family balance sheets. The combined need to increase our "net national savings rate" highlighted in last month's Investment Outlook is a long-term solution to the debt crisis, but a near/ intermediate-term growth inhibitor. The biblical metaphor of seven years of fat leading to seven years of lean may be quite apropos in the current case with the observation that the developed world's growth binge has been decades in the making. We may need at least a decade for the healing.

2) Globalization

Globalization has been an historical growth stimulant, but if it slows, then the caffeine may wear off. The fall of the Iron Curtain in the late 1980s and the emergence of capitalistic China at nearly the same time was a locomotive of significant proportions. Adding two billion consumers to the menu made for a prosperous restaurant, increasing profits and growth in developed economies despite the negative internal effects on employment and wages. Now, however, these tailwinds are diminishing, producing an airspeed which inexorably slows relative to the standards of prior decades. Is it any wonder that markets now move up or down as much on the basis of policy changes coming out of China as opposed to the U.S. or Euroland? If China and the accompanying benefits of globalization slow, so too may developed economy growth rates.

3) Technology

Technology has been a boon to productivity and therefore real economic growth, but it has its shady side. In the past decade, machines and robotics have rather silently replaced humans, as the U.S. and other advanced economies have sought to counter the influence of cheap Asian labor. Almost a century ago, Keynes alerted the economic community to a "new disease," what he called "technological unemployment" where jobs couldn't be replaced as fast as they were being destroyed by automation. Recently, Erik Brynjolfsson and Andrew McAfee at MIT have affirmed that workers are losing the race against the machine. Accountants, machinists, medical technicians, even software writers that write the software for "machines" are being displaced without upscaled replacement jobs. Retrain, rehire into higher paying and value-added jobs? That may be the political myth of the modern era. There aren't enough of those jobs. A structurally higher unemployment rate of 7% or more is the feared "whisper" number in Fed circles. Technology may be leading to slower, not faster economic growth despite its productive benefits.

4) Demographics

Demography is destiny, and like cancer, demographic population changes are becoming a silent growth killer. Numerous studies and common sense logic point to the inevitable conclusion that when an economic society exceeds a certain average "age" then demand slows. Typically the dynamic cohort of an economy is its 20 to 55-year-old age group. They are the ones who form households, have families and gain increasing experience and knowhow in their jobs. Now, however, almost all developed economies, including the U.S., are gradually aging and witnessing a larger and larger percentage of their adult population move past the critical 55-year-old mark. This means several things for economic growth: First of all from the supply side, it means productivity and employment growth rates will slow. From the demand side, it suggests a greater emphasis on savings and reduced consumption. Those approaching their seventh decade need fewer cars and new homes as shown in Chart 2. Almost none of them have babies (thank goodness!). Such low birth rates and a significant reduction in demand have imperiled Japan for several lost decades now. A similar experience will likely turn many developed economy "boomers" into "busters" within the next several years.

Investment Conclusions

I'm fond of reminding PIMCO's Investment Committee that you can't buy GDP futures – at least not yet. Hypotheses about real growth rates, no matter how accurate, must be translated into investment decisions in order to justify the discussion. Before doing so, let me acknowledge that these structural headwinds can and will likely be somewhat countered by positive thrusts. Cheaper natural gas and the possibility of reversing or even containing the 40-year upward trend of energy costs may be a boon to productivity and therefore growth. There is talk of the U.S. being energy independent within a decade's time. Housing as well may be experiencing a multiyear revival. In addition, unforeseen productivity breakthroughs may be just over the horizon. How many gloomsters could have forecast the Internet or any other technical breakthrough before it actually happened? Jules Verne we are not.

But if a 2% or lower real growth forecast holds for most of the developed world over the foreseeable future, then it is clear that there will be investment consequences. Shown below, as recently published in a TIME Magazine article by Rana Foroohar, is a PIMCO list of future Picks and Pans based upon these ongoing structural changes:

Picks

·   Commodities like Oil and Gold

·   U.S. Inflation-Protected Bonds

·   High-Quality Municipal Bonds

·   Non-Dollar Emerging-Market Stocks

Pans

·   Long-Dated Developed-Country Bonds in the U.S., U.K. and Germany

·   High-Yield Bonds

·   Financial Stocks of Banks and Insurance Companies

The list to a considerable extent reflects the view that emerging economy growth will continue to be higher than that of developed countries. Their debt on average will remain much lower, and their demographic age much younger. In addition, the inevitable policy response of developed economies to slower growth will be to reflate in order to minimize the impact of the aforementioned structural headwinds. If successful, reflationary policies will gradually move 10 to 30-year yields higher over the next several years. The 30-year Treasury hit its secular low of 2.50% in July and such a yield may seem ludicrous a decade hence. Investors should expect future annualized bond returns of 3–4% at best and equity returns only a few percentage points higher.

As John Lennon forewarned, it is getting harder to be someone, and harder to maintain the economic growth that investors have become accustomed to. The New Normal, like Strawberry Fields will "take you down" and lower your expectation of future asset returns. It may not last "forever" but it will be with us for a long, long time.

 

The Control Engineers and the Notion of Risk

Charles Gave, GaveKal

There is a great movie scene where Harpo and Groucho Marx meet in the "socialist restaurant." Groucho says, "this food is disgusting and inedible!" To which Harpo replies, "and on top of that, the portions are far too small!" So by the late 1930s and the golden era of the Marx Brothers, it was already obvious that socialism was bad fare in high demand. Yet it took another half century for "scientific socialism" to be finally discredited in rivers of blood, murder and poverty. With the economic disasters wrought by socialism, one might have assumed that policymakers would accept that the future cannot be forecasted. The role of economists, governments and central banks is to promote a stable monetary and legal framework for the risk-takers (entrepreneurs, money managers etc.) to make their decisions as rationally as they could.

Unfortunately this has not happened. Instead, in a new and improved declination of Friedrich Hayek's “fatal conceit,” we seem to be moving away from "scientific socialism" to scientific capitalism” – where the overconfident and overeducated control-engineers are no longer members of the avant garde of the proletariat, but plain, boring and well-meaning economists working in the entrails of the world central banks. My intent is not to show why these economists will fail (bigger and brighter minds such as Hayek, Mises, Friedman, etc. have already done this) – but rather to review the impact that the misguided manipulation of the price of money (exchange and interest rates) is having on the notion of risk.

In standard financial theory, most practitioners use the volatility of underlying assets as a measure of risk. To some extent, quantitative easing policies have had their biggest impact on this measure. Not only are prices totally artificial for a number of assets (government debt chief amongst them), but the volatility of these prices is also completely meaningless. Volatility no longer indicates the risks involved in holding certain assets, but instead measures the amount of the manipulation that the poor prices are enduring. For example, no-one today could say with a straight face that there is any information in the volatility of the euro-swiss exchange rate, or that this zero volatility adequately measures the risks that a Swiss based investor takes in buying euro-denominated assets.

So as a direct consequence of the manipulations of our well-meaning “control engineers” of market prices, today's volatility readings have absolutely nothing to do with the underlying risks. From here, it is hard to escape the following conclusions:

·   This will lead to the next disaster, for major financial accidents typically find their source in a misconception of risks, rather than a misconception of returns (e.g., Greek bonds are just as risky as German bonds, levered US mortgage bonds are as safe as houses, etc).

·   Building a rational portfolio, where risks can be properly hedged, is almost impossible when market signals have disappeared (explaining the recent difficulties of so many macro and CTA hedge funds?).

Staying with the above ideas, consider that all the quantitative models and statistical techniques like "value at risk" will prove to be hopelessly wrong when true volatilities re-emerge (as they always do!). And when that occurs, who doubts that many financial institutions will, once again, find themselves in the line of fire. After all, as Karl Popper explained: “In an economic system, if the goal of the authorities is to reduce some particular risks, then the sum of all these suppressed risks will reappear one day through a massive increase in the systemic risk and this will happen because the future is unknowable”. The sum of the risks in an economic system over time is a constant and the only question confronting economists is whether we should prefer to take our risk in small doses, or in a massive injection (as occurs when a fixed exchange rate system breaks down, or when a debt restructuring happens etc…)?

So in a world of "suppressed volatility," the only smart thing a long-term investor can do is to buy the assets which have been sold because of their higher volatilities. This obviously is equities, and in particular, the very long duration equities of companies in technology, healthcare, energy, etc. A well-diversified portfolio of such shares will be volatile, but investors will likely see their money back over time and then some.

In fact, strange as it may seem, the only way to reduce the risk today is to own assets that still sport a “market price” – which will thus automatically have a very high volatility compared to the other assets exhibiting a very low, but artificial volatility. To reduce risk today, one has to build a very volatile portfolio! This is partly because a lot of non-volatile assets are extraordinarily risky. For example, I cannot think of more dangerous assets to own today than French or Japanese government bonds. I could easily imagine Groucho looking at a menu of JGBs and OATs and exclaiming, "these assets are terrible and have no yield", only for Harpo to reply, "and their aren't enough for everybody." This last line will change rapidly when reality hits. Because economic history teaches us that no policymaker can control volatility for ever. The real hedge for portfolios today no longer is government fixed income, or even gold, but is instead volatility strategies.

 

 

 

Developing Worlds New Millionaires

Posted: 15 Dec 2012 11:30 AM PST

 

click for full graphic

 

 
click for ginormous graphic

Source: Credit Suisse’s latest Global Wealth Report, the Financialist

 

MBIA v. Countrywide Exhibits

Posted: 15 Dec 2012 09:30 AM PST

CONTAINS HIGHLY CONFIDENTIAL INFORMATION
VIDEOTAPED DEPOSITION OF:
CYNTHIA SIMANTEL
FRIDAY, AUGUST 24, 2012
9:08 A.M.
VOLUME III
(PAGES 866-1218)

Transcript after the jump

~~~

~~~

~~~

Transcript after the jump

10:34:04 8 BY MR. CALAMARI:
10:34:06 9 Q. You recall giving testimony to the SEC.
10:34:06 10 Correct?
10:34:09 11 A. Yes.
10:34:09 12 Q. Do you recall when that was?
10:34:13 13 A. When I did the SEC?
10:34:14 14 Q. Yes.
10:34:15 15 A. Not an exact date, no.
10:34:17 16 Q. Was it a few years ago?
10:34:19 17 A. I think so.
10:34:21 18 Q. Would your memory have been better when you
10:34:24 19 gave the SEC testimony?
10:34:26 20 MR. TANDY: Objection.
10:34:28 21 THE WITNESS: Well, it could have been
10:34:29 22 closer to the time frame or, you know, I may have
10:34:31 23 seen something that helped me, you know, a document
10:34:34 24 as far as an org chart or something. So it’s
10:34:36 25 possible.

Q. Do you feel you accurately gave your view
15:32:42 15 about severe unsatisfactory designations to the SEC?
15:32:49 16 A. To the best of my knowl- — yes. I mean,
15:32:51 17 absolutely. I had a ratings grid.

15:53:15 23 MS. BEA: This will be marked as 4035.
15:53:20 24 And just so the record’s clear, this was
15:53:22 25 previously marked in what appears to be the SEC case.
Page 1136
15:53:30 1 MR. CALAMARI: So we’re going to separately
15:53:32 2 mark it.
15:53:33 3 MS. BEA: For purposes of this case, yes.

15:56:04 23 Q. Did you see this document at the SEC
15:56:06 24 deposition, by the way?
15:56:08 25 A. You know, I — I honest- — I just can’t
15:56:10 1 remember.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
—————————————–x
MBIA INSURANCE CORPORATION,
Plaintiff,
Index No. 08/602825
vs.
COUNTRYWIDE HOME LOANS, INC.,
COUNTRYWIDE FINANCIAL CORP.,
COUNTRYWIDE SECURITIES CORP.,
COUNTRYWIDE BANK, F.S.B., and
BANK OF AMERICA CORP.,
Defendants.
—————————————–x
HIGHLY CONFIDENTIAL
August 29, 2012
9:45 a.m.
Continued Videotaped Deposition of
MICHAEL W. SCHLOESSMANN

17:27:36 15 Q. Did Countrywide make a
17:27:37 16 presentation to the SEC about its repurchase
17:27:39 17 practices in the spring of 2010?
17:27:43 18 MR. BURTON: Objection.
17:27:48 19 A. This note refreshes my
17:27:49 20 recollection that we provided the SEC with
17:27:56 21 some claims related data that they had
17:27:59 22 requested around this time. And I think
17:28:01 23 this email string was developed in
17:28:08 24 connection with us trying to be responsive
17:28:11 25 to that request by the SEC.
Page 1117
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:28:14 2 Q. Was there a meeting that
17:28:16 3 followed upon the provision of this data?
17:28:19 4 MS. CONCANNON: Objection.
17:28:22 5 A. I’m not sure if a meeting
17:28:26 6 followed this, you know, the production of
17:28:28 7 this data.
17:28:30 8 I do recall personally being
17:28:32 9 involved in a meeting with the SEC around
17:28:36 10 related topics. But I can’t recall when
17:28:40 11 that was, whether it was before or after, or
17:28:43 12 whether it had anything to do with this.
17:28:44 13 Q. Had the SEC requested the
17:28:46 14 meeting?
17:28:47 15 MS. CONCANNON: Objection.
17:28:47 16 A. Pardon me?
17:28:48 17 Q. Had the SEC requested the
17:28:50 18 meeting?
17:28:51 19 A. Yes.
17:28:51 20 Q. And what was the subject of the
17:28:53 21 meeting?
17:28:55 22 A. The rep and warrant process and
17:28:58 23 reserves, including reserves, rather.
17:29:01 24 Q. Do you recall what you
17:29:02 25 presented to the SEC?
17:29:04 2 MS. CONCANNON: Objection.
17:29:08 3 A. I recall having produced a
17:29:12 4 document that we presented to the SEC. The
17:29:17 5 particulars of which I can’t recall
17:29:19 6 specifically.
17:29:22 7 Q. Do you recall whether the SEC
17:29:23 8 had expressed concerns about how Countrywide
17:29:28 9 or Bank of America was processing repurchase
17:29:30 10 demands?
17:29:31 11 MS. CONCANNON: Objection.
17:29:32 12 MR. BURTON: Objection.
17:29:34 13 A. Do I recall concerns expressed
17:29:35 14 by the SEC as to how –
17:29:37 15 Q. Yes.
17:29:38 16 A. I don’t recall them expressing,
17:29:39 17 you know, concerns about the manner in which
17:29:42 18 we were processing the claims.
17:29:50 19 Q. Do you know whether there was
17:29:51 20 any follow-up meeting with the SEC after
17:29:52 21 that?
17:29:57 22 MS. CONCANNON: Objection.
17:29:57 23 A. I can’t recall the sequence of
17:30:00 24 events. I do recall related to a provision
17:30:02 25 of information. I recall a meeting, at
Page 1119
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:30:05 2 least one meeting with the SEC. I can’t say
17:30:07 3 when it was.
17:30:11 4 There may have been other
17:30:12 5 discussions that I wasn’t a party to. I
17:30:17 6 can’t remember if there was a meeting I
17:30:19 7 participated in other than the one that I
17:30:22 8 recollect.
17:30:26 9 Q. You said there may have been
17:30:27 10 other discussions with the SEC you were not
17:30:30 11 a party to. Do you know in fact whether
17:30:31 12 there were such discussions?
17:30:33 13 A. No.
17:30:39 14 (Deposition Schloessmann
17:30:39 15 Exhibit 4063 for identification, email
17:30:39 16 string dated 4/16/10 production numbers
17:30:39 17 BACMBIA-X 0000017741 through 744.)
17:30:39 18 BY MR. SELENDY:
17:30:39 19 Q. I’d like to mark as
17:30:42 20 Exhibit 4063 a document from Michael Sands
17:30:47 21 to Susan Welsh and yourself listing the top
17:30:52 22 five reasons that we have approved
17:30:56 23 repurchase on the monolines.
17:31:28 24 My first question for you do
17:31:30 25 you know why this document was created?
17:31:34 2 A. Give me just a minute so I can
17:31:36 3 read the string.
17:31:38 4 Q. Yes.
17:32:31 5 A. The string, note from me
17:32:34 6 references a meeting the next day and I
17:32:36 7 can’t remember what the meeting was.
17:32:40 8 Q. That is a meeting with the SEC;
17:32:41 9 is it?
17:32:42 10 A. I can’t recall what the meeting
17:32:46 11 was.
17:32:47 12 Q. Okay. If you look at the
17:32:51 13 second page of the email, at the bottom of
17:32:53 14 your email to Shareef Abdou, among others
17:32:57 15 you say, “James, please work this into a
17:33:01 16 grid for inclusion into the SEC
17:33:04 17 presentation.”
17:33:04 18 Does that help?
17:33:05 19 A. Yes, it does. I overlooked
17:33:06 20 that. I’m sorry.
17:33:09 21 Q. So was this data put together
17:33:11 22 for presentation to the SEC?
17:33:12 23 MS. CONCANNON: Objection.
17:33:16 24 MR. BURTON: Objection.
17:33:22 25 Objection to the extent this contains
Page 1121
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:33:23 2 privileged information.
17:33:33 3 A. It clearly is indicating the
17:33:35 4 intent to include it in the SEC
17:33:37 5 presentation. So I’m not going to take
17:33:40 6 issue or I don’t have a basis here today to
17:33:42 7 take issue with a note that I sent.
17:33:44 8 Q. Okay. If we go through the
17:33:45 9 chart at the top it lists the top five
17:33:50 10 reasons that Bank of America — does “we”
17:33:56 11 refer to Countrywide or Bank of America, by
17:33:57 12 the way?
17:33:57 13 MS. CONCANNON: Objection.
17:33:58 14 MR. BURTON: Objection.
17:34:01 15 A. Where?
17:34:01 16 Q. If the first sentence “Below is
17:34:05 17 the top five reasons we have approved
17:34:10 18 repurchase on the monolines.”
17:34:11 19 A. I can’t tell you. All I can
17:34:13 20 tell you CHL is the party that consummated
17:34:16 21 all repurchase transactions with respect to
17:34:17 22 the CHL sponsored deals.
17:34:19 23 Q. Okay. For the CHL repurchases,
17:34:21 24 the top five reasons that are listed are in
17:34:25 25 order, income, stated income unreasonable.
17:34:28 2 Misrepresentation, income. Then
17:34:35 3 documentation missing acceptable employment,
17:34:41 4 income documentation. 4, program guidelines
17:34:45 5 violation, LTV, CLTV exceeds guidelines.
17:34:49 6 And 5, documentation, missing sufficient
17:34:52 7 asset documentation.
17:34:53 8 Are those the five the
17:34:54 9 categories?
17:34:55 10 A. That is what is listed in
17:35:04 11 Shane’s email, yes.
17:35:04 12 Q. I take it each of these basis
17:35:06 13 would be a material and adverse breach such
17:35:13 14 that Countrywide Home Loans determined a
17:35:15 15 repurchase was appropriate?
17:35:17 16 MS. CONCANNON: Objection.
17:35:19 17 Q. Is that fair?
17:35:19 18 A. My understanding is to the
17:35:26 19 extent we repurchased loans we would have
17:35:28 20 first satisfied ourselves that the claimant
17:35:33 21 had demonstrated satisfactorily there was a
17:35:37 22 breach and the breach had a material adverse
17:35:40 23 effect consistent with the terms of the
17:35:41 24 contract.
17:35:42 25 I think the mere labeling of
Page 1123
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:35:43 2 loans with these issues, however does not,
17:35:45 3 it does not necessarily follow because the
17:35:50 4 loans are tagged with this issue they are
17:35:52 5 necessarily repurchases.
17:35:53 6 We have claims in pipeline that
17:35:55 7 would be appropriately or also labeled
17:35:57 8 similarly where the burden was not sustained
17:36:01 9 by the claimant.
17:36:02 10 So, the labels themselves don’t
17:36:04 11 tell you whether you have a breach of
17:36:08 12 materially and adversely effects the
17:36:12 13 investors.
17:36:13 14 Q. These are the top five reasons
17:36:14 15 for which the repurchases were made by
17:36:17 16 Countrywide Home Loans; correct?
17:36:21 17 MR. BURTON: Objection.
17:36:23 18 A. That is what Shane Sands is
17:36:25 19 purporting to convey here based on my
17:36:28 20 request.
17:36:28 21 Q. Is that Michael Sands?
17:36:30 22 A. Yes.
17:36:31 23 Q. Michael Shane Sands, okay.
17:36:32 24 Understood.
17:36:34 25 Therefore if it is categorized
17:36:36 2 in this way the driving reason for the
17:36:41 3 repurchase will be the reason that is listed
17:36:44 4 here in this chart; right?
17:36:47 5 MS. CONCANNON: Objection.
17:36:53 6 A. My experience with the data we
17:36:56 7 capture in our PAT database at the time is
17:37:04 8 that, you know, it is not perfect in that we
17:37:08 9 get claims in that have multiple reasons.
17:37:12 10 There is a judgment made by the
17:37:16 11 person logging in the claims as to primary
17:37:20 12 finding. So it is, you know, I think it is
17:37:25 13 probably directionally correct, but I
17:37:27 14 wouldn’t, you know, suggest that it is
17:37:30 15 perfect because it does require judgment in
17:37:33 16 how someone characterizes an issue might
17:37:35 17 vary from person to person who is logging in
17:37:37 18 claims.
17:37:37 19 It doesn’t impact how the
17:37:39 20 decisioning that that loan is done. It
17:37:43 21 really is more around how the reporting that
17:37:45 22 we’re able, you know, to capture from the
17:37:47 23 data.
17:37:49 24 Q. Okay. I understand there could
17:37:51 25 be multiple defects that give rise to the
Page 1125
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:37:54 2 determination the loan is eligible for
17:37:55 3 repurchase. Is that basically what you’re
17:37:57 4 saying?
17:37:58 5 MR. BURTON: Objection.
17:37:59 6 A. Yes. In that the data
17:38:00 7 presented here is based on running a data
17:38:05 8 query against the database. And basically
17:38:08 9 identifying loans by their, quote, “primary
17:38:13 10 finding,” unquote type.
17:38:14 11 And that that is — that is
17:38:19 12 itself subjective. So if we put another
17:38:22 13 issue in this primary finding, it may have
17:38:26 14 neglected some loans.
17:38:29 15 Conversely, we may have
17:38:30 16 overstated others. Again, I think it is
17:38:32 17 directionally correct. I just wanted to
17:38:35 18 point out, you know, there are, you know,
17:38:39 19 imperfections, you know, inherent
17:38:42 20 imperfections in the process.
17:38:43 21 Q. Okay. When you refer to
17:38:45 22 primary finding, is that the primary reason
17:38:47 23 why the loan would have been repurchased?
17:38:52 24 A. Typically it, as I understand
17:38:54 25 the process, a primary finding is determined
17:38:59 2 at the time we get the claim. And the
17:39:03 3 information on the claim is input in the
17:39:04 4 system.
17:39:05 5 I also seem to recall that as
17:39:08 6 the claim got processed, if an issue became,
17:39:12 7 you know, that wasn’t identified as a
17:39:14 8 primary became the prominent finding and
17:39:16 9 basis for repurchase, that field would have
17:39:18 10 been updated.
17:39:21 11 I can’t be sure if that in fact
17:39:23 12 is an accurate statement of the process or
17:39:25 13 if in fact it was regularly done. I just
17:39:28 14 don’t have enough specific knowledge around
17:39:31 15 how the data was captured.
17:39:33 16 Q. If you look at the five
17:39:34 17 categories here, would you agree any of
17:39:39 18 these misrepresentations, falling in these
17:39:42 19 categories — strike that.
17:39:43 20 Would you agree any of these
17:39:44 21 problems, whether they are
17:39:48 22 misrepresentations or documentation problems
17:39:51 23 or guideline violations may be sufficient
17:39:56 24 for a breach to be material and adverse?
17:40:01 25 MS. CONCANNON: Objection.
Page 1127
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:40:06 2 A. Very difficult to say. I think
17:40:08 3 the way I would describe this is, again, go
17:40:12 4 back to the specific representations and
17:40:15 5 warranties we were making on a particular
17:40:20 6 deal and you’re going to have to make that
17:40:24 7 determination based on what facts were
17:40:26 8 demonstrated and whether they amounted to a
17:40:29 9 breach.
17:40:29 10 And I would just say as it
17:40:31 11 relates to your question under — this goes
17:40:34 12 to the inherent imperfections of the data
17:40:37 13 collection process, misrepresentation of
17:40:39 14 income in and of itself is not a basis for
17:40:44 15 repurchase.
17:40:45 16 So often times when we talked
17:40:47 17 about how claims get identified on the
17:40:51 18 system, that — we have some people who
17:40:54 19 input information that may have been a
17:40:55 20 stated income unreasonable, right. That
17:40:59 21 necessarily starts out with proving first of
17:41:01 22 all the income was misstated and secondly
17:41:05 23 misstated income that it was unreasonable.
17:41:07 24 Some of those loans in my
17:41:08 25 experience get categorized in income
17:41:12 2 misrepresentation. So, again, it’s difficult
17:41:14 3 to draw definitive conclusions.
17:41:19 4 I would again say this gives
17:41:21 5 you I think a good directional sense of the
17:41:24 6 claims we saw most often or at least that
17:41:26 7 were the basis for repurchase. But
17:41:29 8 imperfect.
17:41:30 9 Q. So you’re saying that some of
17:41:33 10 the loans listed here as misrepresentation
17:41:36 11 as to income may in fact be stated income
17:41:39 12 unreasonable?
17:41:41 13 MS. CONCANNON: Objection.
17:41:42 14 A. Yeah, where a prerequisite to
17:41:45 15 finding a breach would be first proving that
17:41:47 16 the income was in fact misstated before you
17:41:50 17 even talk about gauging reasonableness of
17:41:53 18 income. That would be the approach we would
17:41:56 19 apply in stated income.
17:41:57 20 Q. Is this how the data was
17:41:58 21 reported to the SEC, do you know?
17:42:00 22 MS. CONCANNON: Objection.
17:42:01 23 Q. In these categories?
17:42:02 24 A. I don’t know.
17:42:03 25 MR. BURTON: Objection.
Page 1129
1 MICHAEL SCHLOESSMAN-HIGHLY CONFIDENTIAL
17:42:05 2 Q. Okay. I take it, however, for
17:42:06 3 any of these categories they may be
17:42:08 4 sufficient to there to be a material and
17:42:11 5 adverse effect on the loan, even if the loan
17:42:16 6 hadn’t yet defaulted; is that fair?
17:42:18 7 MS. CONCANNON: Objection.
17:42:26 8 A. Are you asking whether any of
17:42:28 9 these loans that we have flagged as
17:42:30 10 repurchases had not yet defaulted?
17:42:32 11 Q. I’m saying any of these
17:42:34 12 categories of problems that were listed as
17:42:39 13 the reasons for which Countrywide approved a
17:42:42 14 repurchase, could be sufficient to
17:42:45 15 constitute a material and adverse effect,
17:42:48 16 even if the loan had not yet defaulted;
17:42:53 17 right?
17:42:53 18 MS. CONCANNON: Objection.
17:42:55 19 A. That’s — I would not
17:42:56 20 characterize it that way. I believe the
17:43:00 21 material and adverse effect requirement in
17:43:05 22 what I believe is all of the pooling and
17:43:08 23 servicing agreements, the governing
17:43:11 24 contracts with respect to the deals the
17:43:13 25 monolines wrapped means something.

The London Almanack (Revisited)

Posted: 15 Dec 2012 08:00 AM PST

I bought a stack of rather old books at an estate sale some years ago. Within the lot I purchased was a tattered, leather-bound, compendium containing six years of “The London Almanack” running consecutively from 1853 through 1858. Thumbing through its worn and mildewed pages I chanced upon general interest articles of the day, court circulars, ministry staffing, board-listings of companies and their periodic changes, social diaries, etc. What stood out was the ubiquity of The Military in just about every aspect of life, and the wholesale absence of Hedge Fund and Private Equity Managers amongst the notable and glitterati-of-the-day. There were the Royals, of course, followed by land-owning aristocrats and the clergy who were well-represented, statesmen and ministers, and the odd artist mentioned here and there, after which, finally, on the bottom rung, the very occasional dash across a page by a City of London financier or budding commercial scion. But atop the pedestal of admiration, clearly stood the man in uniform (and I do not mean the blazer, blue-oxford & khaki's of HF/PE issue). Today, of course, the military man is wholly absent, and one would be challenged to find a statesman of note outside the most senior ministers or cabinet officials in the vicinity of the social stratosphere. Now, upon the pedestal of the nation’s attention, predominantly sit entertainers (NB: sportsmen are entertainers) and money-men.

Of course, in the era of my tattered Almanacks, Britain was solidly an Empire – one that took more than a few muskets and large-cannoned stinkpots to hold the domain together. But one could argue that today, the US Military is no less important to America's dominance, given the amount of collective wealth expended by our rulers upon soldiers and their toys, and that the The Generals and their Lieutenants shouldn't be socially licking the shoe-bottoms of Harvard Law grads trading public company shares upon their materially non-public clinical data, or denied their walk down the Red Carpets of NY or LA. Yet outside of General Petraeus, who will now be remembered for his indiscretion in the bedroom, rather than his prowess in the theaters of battle, one would be challenged to recall a single US military figure outside the serious guy who got so furious at Bush-the-Second for stitching-him-up at the UN. This is not a slur, on General Powell, and is intended as the opposite for was a model public servant taking the bullet for his boss, though I do wish (and I’ll bet HE wishes) that he’d shredded the shoji-paper-like evidence underpinning the planned campaign in Iraq, which, if he had, HE might have been America's first black President. Back on topic, perhaps in some places, the military men still rate in the public’s fascination and admiration. But today, both in NY and London, the society pages are equally devoid of uniformed men (excepting those wearing a football kit).

Commerce and trade were hardly admirable pursuits for a gentleman in the days of my London Almanack, whilst the business of money itself, was even lower still, as it was, unsavourily associated with usury. Yet between then and now, finance has not only been rehabilitated from its Shylock-back-street ex-communication during the middle ages, but so entirely transmuted in its peception that it sits at the pinnacle of desirablility. Moreover, I would posit, this is not for what it does or what it is, or its social function, but ENTIRELY for the very real bling and glamour that its pursuit delivers to its disciples. Yes, it sounds genteel, important and purposeful when embedded in the NYT Sunday Society page weddings & engagements blurb that refers to the Groom’s activity as a Senior Analyst in the venerable buyout firm of Fiddle-Faddle Leveraged Acquisition Ventures, or a Global Macro CDS Long-Short Portfolio Manager at Diddle Doodle & Daddle Hedge Fund Management. But should it’s pursuit and its many faceted pursuers deserve their central place in our admiration? For those waiting breathlessly, this is not today’s question and nor, despite the barbs, am I judging, but, rather, observing.

And prognosticating…by asking a different question: “Will this place on the pedestal continue to be held in the future? Obvious Answer: Probably not. And this isn't because The People have voted against Bain-like, Romney-esque balls-to-the-wall maximum edge-of-the-envelope extraction in favour of deeper social meaning – the latter being a direction the people are running away from as fast and furiously as possible. Nor is it because we have, over the last decade, seen a more-or-less continuous exposition of what passed as success for what it has all-too-often closely resembled: cheating, tunneling, gaming, corrupting, mis-representing, to the outright frauding, thefting, and private misappropriation-ing at the expense of others and the system a-la Boesky, Scrushy, Frankel, Skilling, Ebbers, Rigas, Lay, Madoff, Rajuratnam, Kozlowski, Cioffi, Waksman, Gupta, Mozilo, and so forth. Rather, it will be for the same simple reason that in 1856, few could have imagined that the day would come that neither Military officers nor Clergy would reign supreme. That, in time, social mores, usefulness and opportunity would not only make their pursuits redundant, but borderline despised. And just as disastrous and grotesquely-brutal wars pursued at public expense undermined the Military’s glamour, dishonest financial extraction and exploitation does similar to finance today. And though the moment of knocking finance off its perch clearly is NOT here…yet, Galleon and SAC-like insider-trading scandals, the kind that the typical citizen viscerally feels to be deeply unfair, and that the cognoscenti have little doubt of their veracity however difficult they may be for public justice to fully prosecute and irrespective of how well-lawyered the directly and tangentially associated may be, hasten the moment such pursuits are purged from our collective fascination. The public’s distaste results not from some puritanical Scarlet Letter-like prudeness, but rather because fairness, trust, and confidence, are essential to the functioning of institutions and our social system, with corruption and similar venality undermining the its most basic machinery.

* * * * * * * * * *

With each passing day, larger-than-life archetypically-villainous characters diminish in number. Pessimists may rue the state-of-the-world, and the contents of the evening news may, often enough, cause one to hide all sharp objects in the house, yet, ponder, for a moment, of the idealistic though no less prescient vision of the future conjured 35 years ago by the most vilified of recent Presidents, James Earl Carter. Cars ARE now substantially more energy efficient. The use of alternative energy IS increasing, and America is becoming less-hostage to middle-eastern interests for energy. Home thermostats ARE turned lower. Rivers ARE cleaner. The cardigan HAS made a comeback. Faith HAS become more uniquitious (though I have my doubts about the virtue of the latter two). The iron curtain is gone, and an entire generation in Eastern Europe excepting Belarus, knows little to nothing of the bleak totalitarianism that’s become a fast-fading memory. In all the lands of the western hemisphere south of San Antonio there is but a single totalitarian regime (Cuba), though Gordon Liddy would have his ideological issues with Chavez as Paul Singer DOES with Christina K. Gone are the Somoza, Pinochet, Torrijos, Noriega, Fujimori, Stroessner regimes, as are those of the Generals in Brazil and Argentina. Gone is apartheid, the larger-than-life Amin, Bokassa, Kabila, Taylor, Babangida, Mubarak, Rawlings, Doe, Kaunda, Toure, Bongo, Mariam, the ben-Ali family, and Qadaffi from Africa changing the face of the continent, and the lives of the people, dramatically for the better. Saddam Hussein is no more. South Korea is a model democracy, and even Pyongyang has turned down the rhetoric and turned-off the centrifuges. The Burmese generals, too, have relented. And while there remain a few stubborn boogers clinging to nose of power, they are noteworthy for their place on the tail of the political distribution, rather than in the center. This was the Carter doctrine, and somewhat miraculously, it's arrived.

I point this out because it highlights the increasing difficulty that a James Bond-type hero has in finding a villain of such repute outside the cantankerous vitriol of the blind Abu al Hamza, the apocalypticism of Asahara's Aum Shinrikyu, gluttonous obscenity of ex-Soviet Oligarchs, or anti-social loners like McVeigh or Breivik. All this makes me wonder whether, if Bob Kane and Bill Finger were alive and penning a contemporary version of DCs’ Batman, just who, or what the villains might resemble, and what might be that dark motivating force behind a 21st century Bruce Wayne.

“Having witnessed his father brutally bankrupted and humiliated by the purchase of what were rated as ‘AAA’ securities comprising of sub-prime loans, the elder Wayne was driven to secretly commit suicide in order to trigger an insurance payment so his family could seat, the young Wayne swore revenge on the criminal swindlers, cheaters Frat boys and similar who conjured and sold the bogusly-rated securities…

. or how about

“Wayne was driven to combat financial predation when as a child, a NY vulture fund bought obligations at pennies on the dollar and then held out at debt scheduling causing his father to lose his job and meagre income, forcing him to emigrate to America in order to feed his family, whereupon he died trying to get across the border. Wayne swore never to forget who was responsible …”

Imagine the variety of sub-plots, and characterizations of the villains – "….the unscupulous and corrupt hedge fund titans driven by meglomanic visions of world political and financial domination through the hoarding of riches and creation of unlimited Super-PACs to push the evil agenda of environmental devastation and human slavery and….." Abusrd hyperbole? okay, I got a bit carried away, but the thought of Batman hunting down a Fuld-like or Mozillo-like villain BEFORE havoc has been wrought in order to foil their gestating plots, or crashing a fundraiser at the Hudson Institute BEFORE their or the API’s millions are employed on unleashing anti-climate change myths on the unsuspecting citizenry, or taking out vigilante justice upon the perps of a Chinese gang of miscreants reverse-mergering their P.O.S into some shell-co. with a US listing, or helping Alfred use the bat-computer (with some help from his friend Mitnick) to hack into the bank accounts of seemingly amoral HFT predators (and their programmers) in order to empty them into the bemused but thankful hands of Medecins Sans Frontieres, Sea Shepherds or UNICEF, would bring a smile to the face of those who honestly and unrewardingly play by the rules, and, perhaps provide subject matter for DC's next generation of 21st century super-hero storylines.

I am well-off on a tangent now, and will veer back on point, I cannot help wondering whether, in our annals, we will appear (to future generations) so parochially-minded, and whether a century from now, Dick Fuld’s, Paul Singer’s or Steve Cohen’s grandkids or great-grandkids will take public pride in the source of their patrimony. That is of course if the down-trodden hungry masses of the future continue to have the munificence to allow their offspring – who will have done nothing to earn it – keep their inheritance, with its attendant place in the pecking order reflected in the then-prevailing Almanack.

~~~

Originally published at Cassandra Does Tokyo

 

Gay Men Will Marry Your Girlfriends

Posted: 15 Dec 2012 05:00 AM PST

As a follow up to last week’s Gay Women Will Marry Your Boyfriends, comes this series of parodies and responses:

~~~

Straight Women Respond to: “Gay Men Will Marry Your Girlfriends”

~~~

Straight Men Respond to: “Gay Men Will Marry Your Girlfriends”

WealthTrack: Michael Mauboussin

Posted: 15 Dec 2012 04:00 AM PST

Financial Thought Leader Michael Mauboussin explains the important roles luck and skill play in investment success and how to harness both to your advantage.

10 Weekend Reads

Posted: 15 Dec 2012 03:00 AM PST

These are the longer form readings that have caught my eye this week, curated for your leisurely weekend reading pleasure:

• The Kobe Assist (Grantland)
• How to Be Disrespectful Respectfully (Psychology Today)
• A gripping history of the 40 years since wealth started falling up (Nieman Reports)
• Banking and The Art World: Gold, Golden, Gilded, Glittering (Believer)
• Beef’s Raw Edges (The Kansas City Star)
• How we read (FT Alphaville)
• Pardis Sabeti, the Rollerblading Rock Star Scientist of Harvard (Smithsonian)
• What Will 2030 Look Like? (Above the Market)
• You Hate “Right To Work” Laws More Than You Know. Here’s Why (NSFWCORP)
• Fortune Interview: Larry Page on Google (Fortune)

What are you reading?

 

International Patent Applications (by country)  

Source: Economist

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