Thursday, August 11, 2011

Gundlach to take the stand in trial vs. TCW Group

Star L.A. bond fund manager Jeffrey Gundlach was expected to be called to testify Thursday for the first time in the high-stakes court battle with his former employer, money management giant TCW Group.

Since the civil trial began July 28 in Los Angeles County Superior Court, the jury has heard plenty about Gundlach's personality. Lawyers for TCW, which fired Gundlach in December 2009, have described him as arrogant, greedy, disrespectful and bent on destroying the company.

GundlachGundlach's lawyers, in turn, have told the jury that TCW orchestrated a campaign to oust him so it could keep for itself the fees on tens of billions of dollars in client assets he drew to the firm because of his stellar track record in the bond market.

Gundlach launched his own firm, DoubleLine Capital, 10 days after he was fired by TCW. He was quickly joined by most of his team members at TCW, and has attracted $13 billion from investors in just 19 months.

TCW, which manages about $120 billion, sued Gundlach in January 2010, alleging that he and key aides conspired to steal massive amounts of TCW proprietary information to set up DoubleLine.

Gundlach, 51, has denied TCW's allegations and has countersued. He accuses TCW and its parent firm, the French bank Societe Generale, of firing him after 24 years at the firm to cheat him out of a huge chunk of promised income.

Each side is seeking hundreds of millions of dollars in damages from the other.

Gundlach, who has unabashedly referred to himself as “amazingly brilliant analytically,” has become a well-known figure on Wall Street because of his expertise investing in complex mortgage-backed securities. Barron's magazine this year dubbed him "king of bonds."

After everything the jury has heard about Gundlach, his demeanor on the stand could be critical in shaping their views of the case.

Over the last week the jury heard testimony from three of Gundlach's lieutenants at DoubleLine who also are co-defendants in the case: Barbara VanEvery, Cris Santa Ana and Jeffrey Mayberry.

-- Tom Petruno

RELATED:

Greed at center of Gundlach vs. TCW case

TCW, 'bond king' Gundlach set to square off in court

Gundlach wants to buy Buffalo Bills

Photo: DoubleLine Capital CEO Jeffrey Gundlach. Credit: Jessica Rinaldi / Reuters

Gilt yields are signalling a depression


As you can see from the chart below (or perhaps not given the quality of the reproduction, for which apologies), UK government bond yields have fallen to historic lows the depths of which even six months ago would scarcely have been believable – less than 2.5pc on ten year gilts. These are the sort of levels that until recently only ruled in Japan.


Those of us who have been calling the top of the bull market in bonds for the best part of the last two years are left with egg on our faces. I’m hardly alone. Step forward Bill Gross, John Paulson, Jim Rogers and a litany of other self styled market “experts”. And those who got it right? Well I hate to pay him the complement, but among others Paul Krugman, whose religiously preached Keynsian analysis of the crisis has, in this regard at least, been spot on. For this is not just a UK phenomenon. It’s happening just about everywhere, bar the troubled debtor nations of the eurozone, where the very real possibility of default has sent bond prices in the other direction.


If you believe much of the European press, rising bond yields in Italy, Spain and much of the rest of the eurozone even as they plummet virtually everywhere else is all an Anglo Saxon conspiracy designed to sink the euro. (See the excellent blog by my colleague, Ambrose Evans Pritchard, for more on this) Why won’t the bastards lend to us, they ask? It is because you don’t have the natural corrective of a floating exchange rate, is the answer, but Europe’s political class refuses to listen.


gilt-yield-graph


So why is this happening? Why is it that despite ever more mountainous government debt, investors want to keep buying into the non-eurozone version of it? There are three things going on here. The first is that central banks have set short term rates at close to zero in an effort to stimulate demand, and judged by comments from the US Federal Reserve and the Bank of England this week, look set to keep them there for at least the next two years. A more hawkish tone has been set by the European Central Bank, which in part explains why the bond prices of debtor eurozone nations are doing so badly, but in the round, policy is being kept as stimulative as it can.


In the hunt for yield, that drives money out of short term deposits into near cash equivalents such as longer dated government bonds, which in turn drives down the yields on those bonds.


Second, the market has begun to anticipate further bouts of “quantitative easing”, or purchases by central banks of government bonds, both in the US and Europe. If the purpose of such purchases is to drive yields lower in the hope that investors will either spend or invest the money in higher risk assets, you kind of wonder whether there’s any sense in doing any more. Bond yields are sinking without any help from central bankers. But in any case, markets anticipate more of it.


Yet the single most important factor that underlies all this is that when householders, businesses and the financial sector aren’t spending and investing, a savings surplus accumulates which has to go somewhere. In the search for safe havens, it goes first and foremost into government debt, where it is used to provide the demand which the private sector has decided to remove. When governments attempt to reduce their demand for debt, as is beginning to happen at the moment with fiscal austerity programmes, you get a self feeding pressure of excess demand on limited supply, and yields fall even further.


What these yields are pointing to then, is a depression. In such an environment, corporate profits will suffer and insolvencies will rise. Equity markets suffer accordingly.


If I was a Treasury mandarin, I’d be urging the Chancellor to bring forward his debt raising programme to take advantage of these extraordinarily low interest rates. I doubt the chance to lock in long term debt at rates of as little as 2.5pc – way below the current, near 5pc, inflation rate – will occur again for an awfully long time.


But of course, the Treasury cannot do this. In the interests of transparency, it has already announced how much it is going to raise and in what form for this financial year. The next opportunity for altering that schedule is not until the Autumn statement. You can see the amount of debt the Government is planning to issue this year from the table below – in gross terms, it is already a new record.


debt-management-2


And as the second table shows, despite ever more voluminous issuance, the amount the government is paying for its debt has been falling steadily.


debt-management-1


George Osborne, the Chancellor, likes to see this phenomenon as a vote of confidence in his deficit reduction strategy. Unfortunately, that’s only part of the story. As I say, they’ve had similar yields in Japan for years now, with no sign of a credible deficit reduction strategy in sight and public debt spiralling up towards 250pc of GDP.


Unfortunately, low gilt yields are more indicative of impaired private sector demand than they are of Government resolve. What the economy appears to need, and I really do hesitate to say this, is a good old fashioned bout of inflation, but then we’ve already got that in the UK, and to perpetuate might seem only to replace one problem with another. Yet there are few more effective ways of eroding the doomsday machine of excessive debt.



Italy, EMU and the Evil Eye


rome2

Italy has a primary budget surplus and low private debt. So why sell?


For those in Euroland convinced that Anglo-Saxon hedge funds and speculators are responsible for the sorry state of the Italian bond market (seemingly the view of EMU’s entire governing class), here is a nugget from a Swiss blue chip investment house.


Dieter Wemmer, CFO of Zurich Financial Services, said his group had slashed its holdings of Italian government bonds by €2bn since June 30, cutting its exposure to €6bn.


It also had €5bn of Spanish debt and €18bn of Greek debt.


Much of the capital flight from Italy is crossing into Switzerland, so the Swiss have a good insight into the behaviour of the Italian financial elites.They know what Italy’s insiders are doing.


The ZFS announcement follows a revelation by Deutsche Bank that it had cut its exposure to Italy from €8bn to €1bn by hedging (ie, buying insurance) through the CDS market.


These are not hedge funds. They are real money accounts, and they give us a glimpse into what is happening.


Italy has a primary budget surplus, the best fiscal profile of the G7, and low private debt. So why do Swiss investors want to pull out?


Why are other countries with their own sovereign currencies and central banks able to borrow at barely over 2pc for ten years despite awful public finances, while Italy had to pay 6pc until the ECB intervened this week, and still has to pay 5pc now?


I hate to keep repeating an elementary point but currency unions switch exchange rate risk into default risk. Italy’s current travails are a direct result of — and function of — EMU membership.


The deeper issue is that Italy is 20pc over-valued within EMU and is now trapped in very low growth and a stubborn current account deficit. This is a slow rot. It is directly linked to EMU membership.


Italy could have used the decade and half since Euroland’s currencies were locked together after Maastricht to free up labour markets and carry out the `micro’ reforms needed to make EMU viable. It did not do so. It is very late in the day now.


Yes, before Euroland readers all scream “what about the mess in Britain?”, let me repeat for the millionth time that I don’t write about Britain. The rest of the Daily Telegraph is giving blanket coverage to the current stew of riots, knife attacks, and anarchy in British cities.


Britain is of course in a terrible mess, but Gilt yields nevertheless fell below 2.5pc this morning. The UK is very lucky that it still has the sovereign instruments to mitigate the fiscal disaster left by Gordon Brown.


Italy has the ECB, and behind it stands Germany. Whether Germany will continue to stand behind the Project as the cost rises is the great unknown. That angst is what is really eating away at markets.


Linde chief Wolfgang Reitzle caught the mood when he said: “I am fundamentally for the euro, but not at any price — above all not at the price of socializing the debts of other countries.”


I suspect that is the true voice of Germany, whatever the German ministers may say to please peers in Brussels.



Asian markets close day of mixed trading

Asia Stocks 2

Trading was mixed in Asian markets Thursday as investors remained jittery over the European debt crisis and faltering global economy.

Japan's Nikkei 225 stock average fell 0.6% to 8,981.84 on a day of wild swings for the yen. Hong Kong's Hang Seng index declined 1% to 19,595.14, Taiwan's Taiex lost 0.2% to 7,719.09 and Australia's S&P/ASX 200 index ended down 0.5% to 4,140.8.

Advancing were China's Shanghai Composite Index, which gained 1.3% to 2,581.51, and South Korea's Kospi, which rose 0.6% to 1,817.44, the second day of gains after the country's Financial Services Commission banned short selling.

The regulating agency's chairman said on a radio program Thursday that South Korea would fare better than it did in the 2008 financial crisis if another global recession were to arise, Reuters reported.

--David Pierson

Photo: Pedestrians are reflected on a display board showing the current Nikkei share average in Tokyo. Credit: Kim Kyung-Hoon / Reuters

 

Another Round of Bailouts?

Simon Johnson, the former chief economist at the International Monetary Fund, is the co-author of “13 Bankers.”

In the wake of recent equity market declines, the clamor for bailouts of various kinds grows ever louder around the world. Influential voices call for “leadership” from the United States and Western Europe, and for policy makers in those countries to “get ahead of the curve.” This is all code for a simple and familiar plea: Do something that will protect investors, particularly creditors who have lent a lot of money to banks and countries that now appear to be in serious difficulty.

Today’s Economist

Perspectives from expert contributors.

But providing another round of unconditional creditor bailouts in this situation would be a mistake. What we need is a combination of transparent losses where bad loans were made, combined with a ring-fencing approach that protects sound governments and companies. There is no sign yet that policy makers are willing to make that distinction clear.

Perspectives from expert contributors.

The situation around the world is undeniably bad. As Peter Boone and I argued in a Peterson Institute policy paper released a couple of weeks ago, Europe is most definitely “on the brink” of a serious economic crisis that could involve widespread defaults or significant inflation or both. At the same time, Bank of America shares this week fell to their lowest in two years; with other large banks under pressure, there is a legitimate fear of rerunning the parts of the financial crisis of 2008-9.

The Financial Stability Oversight Council’s recently released first annual report does not provide particularly up-to-date numbers, but most of the global warning lights discussed in Chapter 7 must now be flashing red. As recently as 2008-9, there were three kinds of government support available to the American and European economies when such systemic financial trouble hit. But all three traditional forms of bailout are now much harder to pull off.

First, over the last 30 years interest-rate cuts and other forms of expansionary monetary policy became standard practice in the face of potential financial market disruption — this is the original meaning of the “Greenspan put.” But short-term interest rates are already very low in the United States. The European Central Bank (E.C.B.) has room to cut rates — but both the E.C.B. and the Federal Reserve fear that inflation may soon return. Now, unlike in the fall of 2008, they are reluctant to respond to the latest round of stock market declines with a dramatic easing of monetary policy.

Second, after the initial monetary policy response in fall 2008, it was fiscal policy that took the lead in preventing global economic free fall — with significant attempts to provide countercyclical stimulus in the United States, much of Western Europe, and China.

Now the euro zone faces a series of fiscal crises (see my paper with Peter Boone). Further stimulus is out of the question — the issue in Europe is who will do what kind of austerity and how fast.

The fiscal crisis in the United States is more imagined than real. The Standard & Poor’s downgrade of long-term United States government debt prompted a huge sell-off — but not in government debt. Investors around the world vote with their feet; they see United States government assets as among the safest available. Still, further fiscal stimulus is most definitely not on the political table in Washington.

And even Chinese fiscal policy shows signs of tightening — as the authorities try to prevent any overheating that could accelerate inflation.

Third, in 2008-9, monetary and fiscal policies were complemented by government capital injections directly into United States and European banks. But these became harder to do under the Dodd-Frank financial reform legislation — unless there is a large-scale systemic approach, which would be very hard to get through this Congress.

The worst financial-sector problems are in Europe. But the recent banking stress tests there were completely unrealistic as they did not include default events that now appear inevitable. To run one set of misleading stress tests (in 2010) might be considered excusable; to do this twice during the same crisis is unconscionable. There is no coherent financial sector policy within the euro zone.

What are the policy options now? The people in charge of European and United States policy would clearly prefer to do nothing or postpone dealing with the underlying issues. This is a bad idea as it puts markets in charge — and these markets are panicked.

The core to any feasible strategy must be bank capital. As Anat Admati and her colleagues have been arguing, large banks and other financial institutions without sufficient capital are prone to failure — this is what spreads failure and panic far and wide. The Basel III framework, negotiated just last year, is crumbling before our eyes; the failure to ensure sufficient capital is at the heart of the European meltdown — and why the pressure on United States banks is mounting.

The Europeans have to decide, once and for all, which governments will restructure their debts and which will be protected — to an unlimited degree — by the European Central Bank (again, my paper with Peter Boone has more details and proposals). A full-scale bank recapitalization program is required, along with management changes at almost all major European financial institutions.

If the Europeans fail to get a grip on their economic situation, the Federal Deposit Insurance Corporation will be pressed to use its Dodd-Frank resolution powers to take over and manage the unwinding of a major American financial institution. In that scenario, creditors are supposed to face losses that are transparent and clearly understood; the theory is that this will stabilize market expectations. The F.D.I.C. has argued that it could have done this in the case of Lehman Brothers. I have my doubts.

The Dodd-Frank reform process decided not to break up global megabanks, but rather to handle them under the F.D.I.C.’s resolution framework. We’re about to find out if this was a good idea — or if we are just on the brink of more unconditional bailouts.

Umami Burger to open flagship location at the Grove

Umami Burger, the rapidly growing Los Angeles burger chain, will open its biggest location yet at the Grove shopping center this fall. Umami

The 3,000-square-foot flagship location will be the brand's ninth restaurant and will feature house-ground meat, locally sourced produce, house-made ingredients and chef-inspired burgers. The indoor-outdoor location at the Grove will seat 175 and will be built with a sustainable green design including recycled building materials and solar panels.

The news was part of a wider announcement that Umami Restaurant Group has partnered with hospitality and lifestyle company SBE and investment firm Nimes Capital to grow the burger chain nationwide.

-- Andrea Chang

Photo: Umami founder Adam Fleischman at the chain's Hollywood location. Credit: Kirk McKoy / Los Angeles Times

Wednesday, August 10, 2011

Morgan Stanley analysts outline plan for housing

HomePrice

America’s real estate market could be on an “unsustainable path,” faced with an oversupply of homes inaccessible to either renters or buyers. That’s what three Morgan Stanley analysts argue in a recent paper that outlines steps that can be taken to fix the sputtering housing market.

Mortgage credit remains tight, making home buying difficult. At the same time rents are rising quickly, pricing folks out of the market just as tens of thousands of borrowers are losing their homes to foreclosure every month.

The result of these twin occurrences could be “an oversupply of homes with nobody to purchase them,” a situation that is already starting to emerge, according to the research paper by the Morgan Stanley analysts, Oliver Chang, Vishwanath Tirupattur and James Egan. The three experts argue that tackling the backlog of so-called distressed properties is crucial.

A cornerstone of their plan is helping investors who would rent out those properties. They argue that in exchange for various incentives and access to the huge glut of foreclosed homes on the balance sheets of major financial institutions, investors must agree to upgrade those homes and offer flexible terms to renters, including lease-to-own programs. They also argue that tax incentives could be used to subsidize rents for lower-income renters.

On Wednesday, the Obama administration announced that it was seeking such ideas from investors for possible ways of managing the large number of foreclosed properties that are on the books of mortgage titans Fannie Mae and Freddie Mac. Selling foreclosed homes in bulk to investors who would then rent them out was one idea that the administration floated –- which is also part of the proposal by Morgan Stanley analysts.

The main hurdle confronting all of these ideas: the acceptance that American homeownership will probably decline.

RELATED:

Treasury sells 10-year notes at record low yield as buyers pour in

Report: Mortgage modifications decline with drop in delinquencies

Fed seeks ideas on renting foreclosed homes

-- Alejandro Lazo

Twitter: @AlejandroLazo

Photo: A jogger and a dog run past a recent sign advertising a price cut in Seattle.

Credit: Elaine Thompson/Associated Press


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