Connelly on Commerce

January 22, 2010

Sarbanes-Oxley for Banks? Bye-bye Ben?

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

The Obama “Volcker Rule” precluding banks from proprietary trading amounts to a form of the famous Sarbanes-Oxley Act’s requirement that accounting firms exit the business of consulting for their clients (which was the only consulting worth doing). What Volcker probably wants is a return to the good old days of Wall Street partnerships where the trading risks literally went home with the investment bankers every night, but that “back to the future” scenario is unlikely to emerge. More likely Goldman Sachs will “de-bank” itself as soon as it can, even if  it can no longer access the “Fed window” for emergency loans (it already has a “Buffet window”, albeit at a much higher cost).

What is more troublesome is how banks with customer trading business will be able to make a market for their clients and hedge their own institutional risks arising from taking down positions, albeit temporarily, to accommodate clients.  Surely from a public policy point of view we would not want the banks to either stop making markets for their clients, or to increase their own institutional exposure by not hedging the risks to their own balance sheet derived from their client accommodation trades. While technically such hedging is of course intended to protect their own account, it does not seem to be the kind of proprietary “speculation” with Federally-protected money that Obama and Volcker want to eliminate. Yetr it would seem to be in the crosshairs of the Volcker rule

Bearing the SOX experience in mind, Congress and the Administration need to take this proposal through a careful vetting to avoid the unintended consequences which always come from hasty legislation. Right now, the biggest beneficiaries of this proposal look to be not the taxpayers but the independent private equity firms and hedge funds not associated with banks. Even if one took the view that, like the accounting firms that gorged on consulting earnings, the banks may have only themselves to blame for this proposal,  that would not excuse an accidental attack on truly useful and legitimate practices which in fact promote the proper functioning of the financial markets.

In addition,  the new  rules’ proponents  should explain what the proposed ban on banks “advising” hedge funds or private equity funds entails: does this include providing M&A advisory services and opinions; does it include stock research? Such a prohibition would amount to a back-door partial  reinstatement of Glass-Steagall, which  should be debated much more transparently.

Finally, on the subject of banks, is the biggest of them all (the Federal Reserve) about to be needing a new CEO? There is a sense that, as in the case of the omnibus health care reform bill, the votes might not be there in the Senate for Chairman Bernanke’s reappointment: will Ben be the next victim of Scott Brown? Or Geithner? Stay tuned: life is unfair, as the former Massachusetts Senator JFK once remarked. (But he would have never said his daughter was “available”  at a victory rally!)

December 5, 2009

The Night Before Christmas: The Dean’s Fable

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

“Twas the night before Christmas

And all through the land

The Beatles were back

As a remastered band!

The resumes hung by the chimney with care

In hopes that a job offer soon would be there.

While most of us had a recession to grapple

The two success stories were Kindle and Apple.

The Palins were nestled all snug in their beds,

While visions of 2012 danced in their heads.

Michelle  in her kerchief, and Barack  in his cap,

Had just gone downmarket, dropping J Crew for Gap.

When up in the Congress arose such a clatter

Bernanke and Geithner were served on a platter.

Then what to my wondering eyes did appear

But a health reform sleigh and sixty reindeer;

With a taciturn driver so patient and slow

I thought right away: “It’s Olympia Snowe!”

Her “ayes” she’s withholding

Till Reid does her bidding;

With Leiberman out,

She’s really not kidding.

There’s really no chance of an early adoption

Unless they finesse the darn public option.

Just a wink of her eye

And a twist of her head

Would let Harry know

He has nothing to dread!

But straight down the chimney

Came a different St. Nick;

With a bag full of goodies

So costly and thick.

Mere mention of stimulus made her cheeks rosy:

And all those new taxes: it must be Pelosi!

The two dueling Santa broke open their packs,

And laid out the presents:  first up, Goldman Sachs!

There was no cash for clunkers, that gift’s gotten old;

The bad kids got dollars, the good kids got gold;

For bankers and traders, new rules of the road;

But no new Glass-Steagall: now that would be bold!

For credit card issuers, loads of disclosures;

But not many ways to limit foreclosures.

Estate tax extension — no problem, my dear;

But cap and trade rules will wait till next year.

With deficits rising, the budget knife’s sharp;

So to get business hiring, just leftover TARP.

For Christmas we’re stuck with more high unemployment:

And Fox Cable News for our viewing enjoyment.

With Tea Party coverage so favorably canned

You know spontaneity was really well planned.

Then out on the lawn a third Santa appeared;

He was dressed all in red but was missing a beard.

His eyes, how they twinkled;

His dimples, how merry;

His lips were like roses;

His nose, like a cherry.

His volatile mouth was taped up with a bow;

But the hair on his head was as white as the snow.

I said: “Welcome back, where have you been hidin?”

“In Bagdad,” he answered, “I’m really Joe Biden!”

He sprang to the talk shows,

To his team gave a whistle;

But on Afghan war planning,

He lost to McChrystal.

Then up to the housetops the three Santas flew;

Olympia, Nancy and Joe Biden, too.

With a full year of practice,

Next year they’ll be ready:

But the truth is,

The liberals really miss Teddy.

We all  heard him exclaim

As he fought his last fight:

“Merry Christmas to all,

And to all a good night!”

October 26, 2009

A Big Week for Left-Handers

Filed under: Uncategorized — connellyoncommerce @ 10:49 pm

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

This week we will see the whites of the eyes of third quarter GDP: again, the number itself will almost certainly be wrong by a factor of 10% to 25%, owing to the fact that it will contain mostly proejctions for the month of september rather than hard data. Nevertheless, it may clue the next turn in the financial markets, more so than various consumer confidence and other measures expected by Friday.

That said, which way would a “good” number turn the markets in terms of the US currency, oil, bonds and stocks?

At week’s start, stocks were under stress due to a snap-back of the US dollar (since almost the whole world was short, this should be no surprise and is probably interim). Bonds suffered a bit due to the overhand of huge Treasury issues in the next few days. Gold traded off along with hard commodities (but sugar and coffee stayed sweet and perky).

So let’s say GDP comes in at 3% or better: does this encourage the stock market that the rally over the past six months is somewhat more justified than many believe (especially those sitting on the sidelines waiting for a chance to come in and dress up their portfolios)? Or does it foretell an earlier than expected increase in the Fed funds rate and thus a panic out of stocks? Could go either way on the same data. Practically everyone would discount the sustainability (if not the credibility — see above comment) of a number with a “3″ on it; perhaps, then, there will be less panic about the Fed moving more quickly.

It is also evident that hedge funds that have missed the rally will be trying to drive the market south in advance of Thursday’s GDP announcement in anticipation of getting some stocks on the cheap by nightfall Wednesday, ahead of a GDP-induced run-up.

Also on deck this week are Senate action on extending or phasing out the new homebuyers tax credit..look for this by mid-week or not at all. First inklings of a stretched out “compromise” on this sent bank and homebuilder stocks reeling. We do love ou own bailouts but not the others guy’s.

Also coming will be weekly unemployment numbers, with perhaps a clue to where the monthly report wil come out Friday November 6.

Meanwhile the Congress and the Fed will also progress their work on financial institution reform and banker pay limits, and the Yankees will be in at home in the World Series against some pretty tough pitching from the left-side (and featuring a couple tough lefty hombres of their won): perhaps there is someting to this rise of Socialism theory of Rush Limbaugh’s; but only rich traders can afford World Series tickets, so let’s hope they are not disappointed by the Yankees, the Congress or the Fed (the latter two, however, lack a Derek Jeter as captain).

And speaking of banker pay: remember, Warren Buffett tried to rein that in single-handedly (I believe he’s a lefty, too)  when he ran Salomon  Brothers in 1991-1992; but in his own words he failed to do so, because the other firms took  out his best talent rather than follow his lead. No wonder then that only the Government can serve as the great equalizer and save these institutions from themselves.

September 25, 2009

Taking out the Warsh

Filed under: Uncategorized — sshumake @ 9:09 pm

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

Three key notes about Kevin Warsh’s op-ed in today’s Wall Street Journal.
 
First, it may be taken (by his reported closeness to the Fed Chairman) as Mr. Bernanke’s “by proxy” declaration of independence on interest rate policy,  having now secured renomination from the President.
 
Second, it is also an advance warning that this Fed, unlike Greenspan’s, will not wean the economy off financial steroids in a series of quarter-point “baby steps”‘ but more like a “cold turnkey” cure. (Not because steroids should not normally be removed only gradually, but because when Greenspan did just that, we found that the financial community showed that they weren’t paying attention and danced on — in Chuck Prince’s famous phrase — until the quite bitter end.)
 
And thirdly,  it can be taken as a warning to the trading markets not to get too far ahead of themselves in bidding up financial assets  and commodities ahead of the recovery, lest the Fed find such behavior indicative that the markets are ready for that cold turkey cure. Perhaps the Fed, through Warsh’s message  is even  finding a way to let the air out of emerging bubbles at an early stage!

September 24, 2009

Taxing Times

Filed under: Uncategorized — sshumake @ 10:20 pm

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

The most intriguing question is whether the Obama Administration will take the occasion of the massive deficit to introduce a taxation “game-changer” in the form of a national Value Added or Sales Tax (or “Consumption” tax — long advocated by Obama advisor Warren Buffett)  as a way to add more flexibility to the Federal tax base, combined with an actual reduction in both income and corporate tax rates to enable a “middle-class-tax-neutral’ calculation at least at the outset.
 
There must be tax increases to fund the deficit in  order to avoid the much more debilitating “tax” known as inflation if we continue for too long to enable the deficit by the Fed printing money. Sooner or later the “bond vigilantes” on Wall Street or in China will bid up US Treasury yields in an effort to force the Fed’s hand to stop print and raise interest rates, which in turn would nip any expectant housing recovery in the bud by increasing mortgage interest rates, so the Administration and Congress will have to act to keep the bond market happy. (Remember James Carville’s sating that he would like to be reincarnated as the bond market because sooner or later everyone has to do what it wants!)
 
Thus for Obama its not a question of political “will” in terms of rasing taxes but a case of “pick your poison”  Rampant inflation would doom his Presidency anyway.
 
In any event, Obama clearly opened the door in his  speech to Congress to taxing health care insurance packages  at the “Cadillac” level, which will affect some big union plans as well as senior executive packages. Most healthcare experts support this idea as a way to recalibrate the incentives adding costs to the healthcare system. (Sort of a Health Care “luxury tax” — it will probably be part of what is passed this year.)
 
The Administration would like to couple some form of clawback (in a tax sense ) or overseas corporate profits in exchange for lowering the overall corporate rate. This package would be good for small business (which generally does not benefit from the overseas tax exclusion enjoyed today by big multinationals (net of foreign tax paid mostly in lower tax regimes). Ironically, lower corporate rates coupled with the lily demise of the Bush tax cuts and permanent but not complete reduction in the Federal Estate Tax entice small businesses to drop out of “Subchapter S” filing status (at the individual pass through rate ) and opt to be treated as limited liability companies at the corporate rate to the extent permitted by IRS regs, as corporate rates will likely wind up a good deal lower than the highest marginal individual rates when all is said and done. (nobody has thought this through very well yet).
 
I would doubt there would be  a material increase in cap gains or dividends and interest taxes except  to clear up some off-shore related loopholes. There is no policymaker-level support for the so-called ‘Tobin tax” (named for the economist who proposed it) on financial transactions that is being discussed in Europe (US multinational banks  may need to pay attention, however). This type of tax would be a big mistake for the US in terms of its position as an international financial center, and if Europe does it, it will be a boon to Wall Street.
 
The “soda tax” may gain traction as part of the VAT or consumption tax package that would be the most creative way, in my view, to work our way out of the operating (including Medicare/medicaid structural deficits we now need to run to clear out deflation recession risks but which must be attacked to avoid serious inflation. (Japan escaped inflation by kicking the can down the road but at the expense of its economy suffering persistent anemia, which is not politically acceptable in the US.
 
Watch for a move for some kind of tax on internet transactions at the State level (requiring Congress to lift the exemption): it may be just too tempting in a country running out of “tax-bases with upsides”. Not from Obama, but maybe from some State governors who covet a replacement for sales taxes lost in terms of physical sales. Again, this could be part of a national Sales or Consumption tax platform coupled with lower rates on all else.

Rebooting Health Care

Filed under: Uncategorized — sshumake @ 10:18 pm

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

“Change We Can Believe In”

Here is what President Obama should do to get Health Care Reform done:Unclog your vetting process and admit some experienced business professional to your government, not just academics, DC lawyers, think tankers and former affiliations congressional staff. Not everyone who worked on Wall Street is an untouchable

Confront the negativity, don’t add to it; folks are  overdosed on pessimism.

It’s time to stop appearing to demonize business, insurance companies, banks and corporations: there are real demons out there, mostly in Fox News, but you need a successful and growing economy to reform healthcare. 

Simplify: a PowerPoint chart could put your HC opposition on the spot, not off the hook .

Don’t just laugh off the absurd call it what it is (death panels, concentration camps, etc.)

August 11, 2009

Pre-season FED Football

Filed under: Uncategorized — sshumake @ 10:54 pm
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Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

 

The August 11-12 Federal Reserve meeting is the subject of intense market speculation about signals the Fed may or may not call about the timing of future interest rate hikes, but most of this chatter is as premature as calling the Super Bowl winner based on the first preseason football game.

It is far more likely that the Fed will treat its statement at the meeting’s conclusion like the first scrimmage of the season and not show much of any new game plan that might alarm market participants just as the economy is showing signs of some stabilization.

To the Fed’s thinking, the economy has been in the Emergency Room and then in Intensive Care for several months, and is just now entering the Recovery Room.

While there now may be justification for  the Fed to begin to remove some of the IV lines it has fastened on to the organs of liquidity and credit flow in the economy (like Treasury purchases and purcheses of Government-backed housing issues), it will do so as conditions warrant and not because of any prospective statement that will tip its hand as to timing (beyond perhaps indicating that there won’t be any extension of these operations beyond their previously targeted caps).

The question of monetary (as well as fiscal) stimulus is being re-fought politically in an ironic way lately. The negative case had been proferred to the effect that stimulus of all kinds should be abandoned because it was not working. After recent economic data on unemployment,  housing  and “cash for clunkers”, however, the anti-stimlus argument has shifted to the notion that further stimulus should be suspended altogether because the economy is starting to get well and further Government debt will choke off the nascent recovery!

The increasingly ideological business media commentators on Cable TV perhaps cannot see this remarkable about face for what it is; but a good ESPN reporter would recognize a “naked reverse” right from the snap count.

The Fed unfortunately now has to operate in a poisonous politcal environment where it is lumped with Obama as big, internventionist, Socialist  government intruding into every nook and cranny of the free market economy. Theologians will tell us that all sin starts with exaggeration (see, for example, the serpent’s sales ptich in the Garden of Eden), but our political “dialog” is reaching new highs (or lows) in this regard as Brown Shirt tactics are used to disrupt and shut down Town Hall meetings across the country with allegations of Government “death panels” imposing mercy killings on the old and disabled under orders from the White House.

While the Fed meeting itself will be spared  such intrusions, its Chairman  has been caught up in the crossfire in Congress about how the Bank of America/Merrill Lynch deal got done as well as the proposals for new regulations of the financial markets. In these circumstances, Dr. Ben is liley to take a firm graps of the Hippocratic Oath as he marks up the Fed’s statement from the last meeing — first, do no harm: which, at this point in the recovery process, is likely to mean “change the wording as little as possible”.

Indee=d, with Bernanke himself up for a “contract extension” by the onset of winter, it is predictable that the Chairman will not show his full playbook much before playoff time in January as long as the “other side” (inflation) is not making any notable progress on offense. As everyone knows, defense wins Super Bowls anyway, and right now, the best defense against market anxiety — which really could mess up the patient  the recovery room like a nervous relative’s hysterical visting hour — may just be a very tactical “punt” on policy change hints.

One “PS” : the politicians and radio and TV commentators who are fanning the flames of fear and hatred and in the very important health care debate — which has much to gain from a  respectful hearing of all sides of pro’s and con’s —  are playing with fire. Mob hysteria has a way of apparently justifying and ultimately producing individual acts of “patriotism” that will bring us back to the days of profound national grief.

July 31, 2009

Conventional Wisdom?

Filed under: Uncategorized — sshumake @ 8:40 pm

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

What passes for conventional wisdom from CNBC, Fox and multiple radio commentators these days on the economy is reflecting more politics and ideology than hard analysis.

For example — Obama has failed because he hasn’t secured passage of  comprehensive health care legislation in his first six months in office: what utter nonsense. Whether or not legislation passes later this year, the idea that a he should be written off because in that short a time he hasn’t accomplished what 11 Presidents before him failed in the their full terms to do  is preposterous except on cable TV.

The stimulus package has failed: if so, then why is 2nd quarter GDP down only 1% while the previous two quarters were down by over 5% each?

The “cash for clunkers” program is a Katrina-like failure of Federal government intervention: then why were the appropriated funds exhausted in on only the first week of eleigibility?

The Chinese and other foreign central banks are going to stop buying US Treasury securities: then why were the vast majority of recent Treasury note auctions quite successful from the US taxpayers’  standpoint?

Warren Buffett was a fool to take an option on Goldman Sachs at $115/share: enough said, with Goldeman now at $160 or so.  And his GE is climbing in share price as well.

The government has no business involved in the auto industry, and will surely botch the bankruptcies of GM and Chrysler: then why are both already out of bankruptcy succesfully, faster than any airline in history, and why are auto sales up? (See “cash for clunkers”, above, as well.) And what do these commentators suggest the Government do with its equity interests in the compnaies — sell them now and deprive the taxpayers of any upside?

If the Government fails to step in to save CIT, it will be another Lehman Brothers with dire consequences for small business: but CIT lives on and obtained private credit and bridge financing.

TARP is a failure, a waste of taxpayer money  and a boondoggle: then why have the biggest and best banks already paid their TARP loans back, with profitable interest, to the US taxpayer?

Ken Lewis was an idiot to buy Merrill Lynch, and the Government was a knave for forcing him to do so: then why is Ken crying all the way to the (pardon the expression) bank with the flush of cash generated by the folks at Merrill this fiscal year?

Carol Bartz should do a deal with Microsoft; but when she does a deal, she shouldn’t have — let’s wait maybe a week to see how things sort out!

The Obama Adminstration is spending too much money and Bernanke is printing too much money and neither will be able to stop runaway inflation: OK, so let’s go back to the Hoover  approach and and adopt an austerity budget and contract the money supply — worked before, right?

Those who want to use ideology as a basis for stock trading are welcome test the returns that type of focus brings. But let’s not replace the “efficient market”  hypothesis with another fantasy version of real economic behavior.

June 24, 2009

WHAT’S A FED TO DO?

Filed under: Uncategorized — connellyoncommerce @ 4:30 am

 Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

 Rarely has there been a Fed meeting proking more market anxiety when the the chance of an interest rate increase is absolutley nil than the ongoing meeting that will end Wednesday June 24.

Rarely has the role of the Fed as market psychiatrist-in-chief been more front-and-center in the market’s consciousness — or unconsciousness, for that matter.

The market would, it thhinks, like the Fed to tell it when it will get concerned enough about potential inflation to take the wraps off interest rates; whether and when it will continue to buy Treasury securities and government agrency paper; whether and when the nation’s bansk will collecively no longer present a “systemic rsik’ without direct governmental aid; what the ‘top’ willl be in unemployment and the “bottom’ will be of housing; whether tit sees “green shoots” in the economy or ‘”ellow weeds”?

The honest answer to each of these questions is “We’ll see.” And Chairman Bernanke will probably find a way to say just that and not much more — the good doctor found out long ago that a placebo works just as well as Valium when it comes to market anxiety, and he must bear in mind that he is running for re-eelction in a primary where there is only one Voter-in-Chief.

Besides, if the Fed actually could answer those questions with precision and did so, the market would quickkly remeber the phrase “Be careful what you wish for”. The markets eyes want answers, but its stomach surely does not — precisley because the fed would lose all credibility if it actually tried to forecasrt beyond the macro numbers it ususally deals in.

We will have to be satisfied with a “steady as she goes” statement even if where she is going isn’t all that clear yet. What is more or less clear is that we have dodged Armageddon — whether that fact drives the US dollar’s relative value up or down in the wake of expanded fiscal deficits remains to be seen, and will be the first signal of how the market views what the Fed has to say — the markets for oil, commodities, and yes even fertilizer, not to mention banks (which have been dealing in fertilizer of sorts over the past couple years) will follow.

May 22, 2009

California TARPing?

Filed under: Uncategorized — sshumake @ 10:25 pm

Terry Connelly is dean of the Ageno School of Business at Golden Gate University and is frequently quoted on business, financial, and economic issues by Bay Area local, as well as national, news media.

Can a State qualify for TARP assistance; would its financial collapse threaten to create a “systemic risk”?

For the municipal bond market, the answer to the latter question is probably yes. The situation in the Golden State bears an uncanny resemblance to AIG last fall:  financial mismanagement; floundering leadership; profligate spending and risk-taking with it’s balance sheet; excessive leverage. And, perhaps most importantly, no good tools available to the Federal government for an orderly restructuring of its affairs.

FDIC receivership is of course out of the question as the State is not a bank. And under our bankruptcy laws, municipalities can file for bankruptcy, but not states. Nor does the new legislation making its way through Congress to provide a framework for winding up the affairs of financial holding companies like Lehman and AIG and Citigroup will apparently  not apply to states, either. GM and Chrysler can get their  contracts reshaped in Chapter 11 to preserve their “wasting assets” and keep their workforces alive as going concerns, but not California.

What’s a Governator to do? Perhaps by cutting expenses  wherever he can by declaring a state of “disaster” and going over the legislatures heads. Perhaps by trying to substitute Federal stimuklus money for currently budgeted California’s own budgeted  expenditures.

But the guess here is that, just when you thought that TARP was being shunted at least to the recycle bin by the post-”Stress Test” rush by the systemic risk banks to raise capital “on their own”, along comes yet another systemic risk petition, this time from Sacramento. Maybe not today or tomorrow, but July 4? — then we’ll know what it cost to prop GM and Chrysler to their next lives post-bankruptcy, and a few banks may have even met the terms for repaying the TARP. But California, like it or not, will then be the next systemic shoe to drop on Washington’s table.

We are not likely to see an analogy to the famous New York Daily News headline in the mid-70’s  “Ford to NYC — Drop Dead”  — but we may well see similar intervention to what eventually occurred in New York by way of the State government– a sort of ad hoc receivership of California’s government in exchange for a Federal Aid package — like a domestic IMF loan. What a comeuppance for the world’s seventh-largest economy. But if it could get disciplined about its finances, what an engine of change it could once again be for the country. This could be a TARP loan worth the effort.

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