11 September 2008

Another Lehman Leak: Bank of America In Talks to Buy Lehman


Equity markets took off in the last 30 minutes of trading as the Wall Street Journal reportedly released a story that "Bank of America is in talks to buy Lehman Brothers citing a source" according to Bloomberg network news which was flashing the story prominently as US markets were closing.

They are back-tracking a bit now, after hours, as cooler heads prevail no doubt, but this is getting a little embarrassing.

We do not know if this is the real deal, just another Lehman leak, or if Bank of America is merely participating in the ongoing negotiations to buy Neuberger Berman which are not expected to close until October.

Is Bank of America the stand-in for the Korean Development Bank? Is The Wall Street Journal a serious business news source or the Chosun Ilbo? Is the attention to serious reporting on Bloomberg getting as lax as it appears in the last few weeks?

There were quieter rumours circulating that HSBC was going to put in a bid overnight, after Goldman Sachs denied rumours that they were going to bid.

Does Lehman see a marriage ring every time someone takes their phone call?

We understand that there are quite a few funds holding the common shares and preferred debt heavily, but this may be getting a little out of hand. That ramp up of the financials ahead of the leak was rather heavy handed.

More to follow as it comes out, but for now as always, more questions than facts. At some point the rumours may be true, but the deterioration in standards of transparency and honesty in our financial system is odious, and the decay of the notion of stewardship in general in the U.S. is becoming appalling.


After the close:

Reuters
Lehman looking for buyers for entire bank: source

Thursday September 11, 4:56 pm ET

NEW YORK (Reuters) - Lehman Brothers Holdings Inc is in talks with potential buyers to sell itself, a source briefed on the matter said. (That has been the case for the better part of this year. This is not news - Jesse)

A few banks are looking at books that went out Thursday, the source said, declining to identify any potential acquirers. (Every serious bidder that has looked at the books so far has run away, or put in a lowball bid. This deal is going to take a backstop from the Fed, a greater fool, or a miracle. - Jesse)

The Wall Street Journal reported that Bank of America was in talks to buy Lehman but that any deal was "far from certain." (This is not how Bloomberg released the news into the market close. They made it appear like a breaking news story which was a seriously disappointing lapse in standards. - Jesse)

The investment bank's survival was called into question as its chief executive scrambled to sell assets to cover losses from toxic real estate investments, sending shares down as much as 46 percent.

Crowding Out, Unintended Consequences, and a Selective Liquidity Crisis with Shock and Awe


Because of the efforts of Hank and Ben the US is experiencing a selective liquidity crisis in addition to, or perhaps because of, the solvency crisis.

It is fair to say that the banking system is preoccupying the thoughts and actions of our money men. They are attempting to selectively add significant liquidity to banks through special facilities to help them through their problems, without triggering a more serious general inflation in the economy.

This looks like the classic policy error of placing the system in a slow death spiral out of an aversion of allowing markets to clear.

Theoretically at some point if the banks are restored to health, they can once again become a means of transmitting that liquidity to the general industry of the economy.

But in the short term, the banks which are struggling, being literally kept alive by enormous infusions of capital from the Treasury, are also occupying most of the available capital in the private markets.


There is also a secondary effect of inhibition of private funding because of fears and the unknowns associated with a massive government intervention. This has created an environment that is heavily biased towards speculation, bordering on gambling, when capital is willing to venture into the markets.

Which banks will fail and which will survive? Where will the Fed and Treasury draw the line? Can we invest in the common stock of this institution, only to be wiped out in two weeks when the Treasury delivers a conservatorship that renders it effectively worthless?

The second tier of the financial system, the private equity and hedge funds, the regional banks with leveraged debt exposure, are being slowly strangled. They are liquidating positions and raising liquidity at a panic rate, and there is little in the way of help for them because the 'trickle down' effect is not working, as the solvency crisis is not resolved, only being propagated forward.
The plan to shore up the financial system was wobbling along since last August, but the breakdown occurred with failure of Fannie and Freddie in July 2008, and the discovery of their massive accounting frauds, although serious people will question how much of a revelation that could have been.

The sheer size of the rescue plan outdoes anything that we have seen since the days of Franklin Delano Roosevelt.

Now we have a powerful deleveraging liquidation occurring in the private side of the markets. The sell off in commodities and stocks and other discretionary assets is best described as a classic financial panic.

The Treasury is being particularly aggressive in trying to fix the banking system, but as a side effect they are roiling the more general markets and crushing the real economy, in spite of obviously negative real interest rates. The money is available, but only if you are 'on the list' to be saved.

The power of the Treasury, the Federal Reserve, and the primary dealer banks in the markets is greatly amplified, not because they have so much discretionary capital, but because all the other players in the system have so much less.

This will result in increased volatility and wild swings in asset prices. The markets will rise and fall on every word from Treasury because Hank Paulson has essentially taken the markets in hand, as in the days of the banker barons, except he is doing it as the head of the largest financial institution in the world. And they rolled it out with some shock and awe.

J. P. Morgan was hailed as a hero for halting the Panic of 1907. Hank and Ben could get lucky and succeed; they might also fail and be demonized. We are not trying to judge motives, only to attempt to put things into an understandable framework. There is always plenty of corruption to go around when the government gets involved, but we prefer to think it is not a motive in the principals.

The actions of the official sector to save the banks will temporarily paralyze decision-making and capital allocation in the real economy.

The foreign central bankers are frightened beyond description since they are heavily complicit in this strutturale tradimento della fiducia, but for now are following the axiom "in for a penny, in for a pound."

Unintended consequences, a kind of financial blowback, will eventually occur. It will most likely take the form of a market dislocation followed by a severe stagflation. And it may be of epic proportions, "terrific," in the classic defintion of the word.

The case for a hyperinflation in the dollar remains a possible outlier, as does the case for a protracted deflation as was experienced in Japan following a similar slow death policy error. The reasons for this are too complex to go into at this time, but as we have always allowed it is a possibilty as it is a policy decision.

The classic prescription for the individual is to reduce spending to essentials, improve your cash flows, deleverage by eliminating debt and margin, and diversify your savings. We all may need to redefine the term "essential."

So, let's see what happens.


Fed May Expand Funding Aid to Banks in a `Mother of Year-Ends'
By Craig Torres and Liz Capo McCormick
Bloomberg

Sept. 11 (Bloomberg) -- The Federal Reserve may have to increase the cash it provides to banks and brokers, already a record, to help them balance their books at the end of the year.

Six bank failures in the past two months and rising concern about Lehman Brothers Holdings Inc.'s capital levels pushed lenders' borrowing costs to near a four-month high yesterday. They may climb further as companies rush for cash to settle trades and buttress their balance sheets at year-end.

``This could be the mother of year-ends,'' said Brian Sack, vice president of Macroeconomic Advisers LLC in Washington, who used to serve as head of monetary and financial market analysis at the Fed. ``The markets will need extraordinary actions to get through it.''

One option is for banks and brokers to increase the loans they take out directly with the Fed; the central bank reports on the figures today. Officials could also offer options on its biweekly loan auctions or introduce special repurchase agreements to straddle the end of the year, economists said.

When policy makers sought to head off a potential funding crunch with the year 2000 changeover, they auctioned liquidity options to the primary dealers of U.S. Treasuries.

The central bank's latest weekly report on direct loans is scheduled for release at 4:30 p.m. New York time. Lending to commercial banks from the so-called discount window averaged $19 billion in the week through Sept. 3, the fifth record in seven weeks.

Funding Costs

Traders in the forward markets, where financial instruments are sold for future delivery, are pricing three-month cash from December to March at 90 basis points over expectations for the federal funds rate. That's up from 85 basis points at the start of the week and an average of 7 basis points in 2006.

``If banks are unwilling to lend to other banks, then they are unwilling to lend to you and me,'' says Stan Jonas, chief executive officer at Axiom Management Partners LLC, a New York investment firm. ``The market anticipates that we will be in a heightened state of credit risk.''

As the credit crunch erupted a year ago, Fed officials introduced new tools to stem a jump in borrowing costs. In December, they created the Term Auction Facility to inject cash to commercial banks.

The Term Securities Lending Facility was unveiled in March as a resource for primary dealers of Treasuries, and offers a loan of U.S. government bonds in exchange for collateral including asset-backed debt. After Bear Stearns Cos.'s collapse, the Fed the same month gave dealers access to direct loans.

January Extension

Acknowledging persistent funding strains, policy makers in July extended the programs through January. They also introduced sales of options on the TSLF to help brokers get through quarter-ends.

``We will continue to review all of our liquidity facilities to determine if they are having their intended effects or require modification,'' Fed Chairman Ben S. Bernanke said Aug. 22.

Even if the Fed succeeds in easing the liquidity squeeze, it can do little to alleviate the underlying problem about the solvency of companies that invested in securities whose values are sliding. Worldwide, financial firms have posted $510 billion of writedowns and losses in the crisis, and raised just $359 billion of capital.

``Liquidity tools by definition can only have so much impact,'' said Dino Kos, former head of financial markets at the New York Fed and now a managing director at Portales Partners LLC, a New York research firm.

`Solvency Problem'

The Fed ``can alleviate the problem by helping institutions finance these bad assets,'' Kos said. ``But by itself, that doesn't lift the price of these assets. You still have an underlying solvency problem.''

The need for cash is exacerbated by rising credit losses and difficulty in obtaining capital to offset them.

The government seizure of Fannie Mae and Freddie Mac this week may have heightened perceptions of risk in investing in U.S. financial firms. The two companies failed to raise capital even after the Treasury won unlimited powers to inject funds as a backstop in July. After the Sept. 7 takeover, shareholders were nearly wiped out.

``Why would anyone inject equity capital into a financial institution if a few weeks later the government comes in and renders it worthless?'' said Axel Merk, president of Merk Investments, a Palo Alto, California-based fund manager. ``The slope of bailouts is slippery and expensive.''

10 September 2008

Fitch Cautions on US Debt But Retains AAA Stable Rating


"Fitch notes that a characteristic of 'AAA' sovereigns, in addition to a high level of debt tolerance, is their capacity and willingness to enact policy responses appropriate to maintain the health of both the economy and the public finances over the medium- to longer-term."
...and gentlemen close the door behind themselves, do not track mud on the floors, and most certainly do not blow their nose in the dinner napkins.

Fitch: US Fiscal Risks Rising after GSE Rescue, But Within 'AAA' Tolerances
10 Sep 2008 11:17 AM (EDT)
Fitch Ratings

London/New York-10 September 2008: Fitch Ratings said today that fiscal risks faced by the US government have risen following the recent rescue package for the two government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, but these remain within the tolerances of the US's 'AAA' sovereign rating. Fitch affirmed the US federal government's Long-term Issuer Default 'AAA' rating with a Stable Outlook on 7 September 2008.

The measures announced by the Treasury on 7 September 2008 effectively shift these two GSEs into the public sector. Their combined gross debt liabilities were equal to USD1,635bn at end-June 2008 or 11.4% of GDP, with additional guarantees of USD3,483bn (in gross terms) or 24.3% of GDP....

General government gross debt (which includes federal, state and local government debt but excludes public sector financial companies and guarantees) was equivalent to 57.1% of GDP at end-2007. With the fiscal deficit expected to widen sharply this year as a result of the economic slowdown and the fiscal stimulus package, Fitch expects general government debt to rise to 59.5% of GDP at end-2008 even before any capital injections to the two GSEs. Overall Fitch now judges the US government's balance sheet strengths to be broadly on a par with those of other large 'AAA'-rated sovereigns with relatively high public debt levels, such as France and Germany where general government debt is projected to be 64.3% and 63.5%, respectively, at-end 2008.

The US's 'AAA' rating is supported by its large, high income, and flexible economy and the government's unfettered access to market financing, both at home and abroad. The dollar's unthreatened status as a global reserve currency mitigates concerns about the rise in the economy's net external debt in recent years associated with sustained current account deficits.

Fitch notes that a characteristic of 'AAA' sovereigns, in addition to a high level of debt tolerance, is their capacity and willingness to enact policy responses appropriate to maintain the health of both the economy and the public finances over the medium- to longer-term. (This was the warning in a velvet glove - Jesse)

Contact: Brian Coulton, London, Tel: +44 (0) 207 682 7497; Eileen Fahey, New York, + 1 312 368 5468.

WaMu Wobbles But Still Neck and Neck with Lehman in the Dead Banks Walk-a-thon


Washington Mutual continues to get hammered as doubts about its solvency increase, and its core businesses decline almost as fast as its capital structure.

However, Lehman's announcement this morning was... a non-event at best, and a pathetic play for time at worst. The only real news was the potential sale of some British real estate to Black Rock for an undisclosed discount and the slashing of the dividend. Oh yeah, and Dick Fuld is still firmly in charge.

As we could not find any balance sheet associated with this release, we are still wondering what's really there behind the name and the facade. And even more so, what still lurks off balance sheet in uncharted waters.

The problem is not liquidity even at cheap levels. The problem is that the business model that supported these financial mutants has changed. They are standing their holding their buggy whips waiting for the horses to come back.

Time to adjust to the global economy guys and the new faces moving in. You no longer have the exclusive turf for Mulberry Street.

So, we still see Lehman as the leader in the dead-man-walking marathon, but Washington Mutual is not far behind, and possible pulling even. National City is within sight.

The finish line is a cliff.


WaMu's CDS spreads surge to record high
by Dena Aubin
Wed Sep 10, 2008 11:22am EDT



NEW YORK, Sept 10 (Reuters) - The cost of protecting Washington Mutual's debt with credit default swaps surged to a record high on Wednesday as the lender's shares plunged more than 25 percent.

Five-year credit default swaps on Washington Mutual traded at 40 percent upfront, plus 500 basis points annually, up from 32 percent upfront plus 500 basis points a year on Tuesday, according to data from Phoenix Partners Group. That means it now costs $4 million on an upfront basis plus $500,000 a year to protect $10 million of debt for five years.



WaMu May Lose Suitors on Accounting Rule; Stock Plummets 30%
By Jonathan Keehner and Linda Shen
Bloomberg

Sept. 10 (Bloomberg) -- Washington Mutual Inc. Chief Executive Officer Alan Fishman, who sold the last bank he ran, may not be able to repeat the feat because new accounting rules for devalued loans are driving away buyers. (Why can't he just make them go away? Is Ben still adopting unwanted mongrel debt? Jesse)

At least three potential acquirers ended talks this year to buy either Seattle-based WaMu or Cleveland's National City Corp., according to two bankers involved in the talks. (With that strumpet from KDB? lol - Jesse) A sticking point, they say: a rule change that will force acquirers to compute a target's assets at market prices instead of deriving values from measures including the purchase price. (How inconvenient. How can one cobble deals together without a veneer of fraud? - Jesse)

The Financial Accounting Standards Board's change, effective in December, may delay consolidation in an industry saddled with more than $500 billion in writedowns and credit losses. WaMu shares plunged as much as 30 percent to a 17-year low after slumping 20 percent yesterday. The cost of protecting the lender against default soared to a record. (The rule change is not the problem. The problem is these jokers won't take the hit and the writedowns. They are all waiting to be bailed out based on the Bear Stearns model. What else would you expect? - Jesse)

``The new rule will curtail M&A by making it too expensive,'' said Robert Willens, a former Lehman Brothers Holdings Inc. accounting analyst and executive who teaches at Columbia Business School. ``With loans fetching their greatest discounts since the Great Depression, it sharply reduces the value of a target's assets. That will force an acquirer to raise additional capital in this very difficult environment.'' (See what we mean? These guys don't want any part of free market capitalism. They just want to make deals and lay off the risk on the public or the tourists in the global financial syste, the SWFs - Jesse)

Loan prices may drop by about 30 percent from their valuation at maturity, said Willens, who also runs a tax consulting firm in New York.

Brad Russell, a spokesman for Washington Mutual, declined to comment on potential acquirers and the FASB rule, as did Kelly Wagner Amen at National City.