Sep 06 2011
The Next Scene In The Play
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It has never occurred to me until now that I would ever say that a billion dollars was not a lot of money. Well, in the context of the current U.S. economic problems, and for the reasons I set out in this commentary, I am saying that this morning.
As I am sure you know, last Friday the U.S. Federal Housing Finance Agency (‘FHFA’) sued a number of the major U.S. Banks. For an overview you can read ‘Federal government sues major banks over Fannie and Freddie losses’ – reading time 4 minutes. For more, and I think very interesting detail, you can read an article titled ‘Your Guide To The MASSIVE Bank Lawsuits’ published Sunday on the Business Insider website – reading time 5 minutes. That article links to a 13 slide PowerPoint Presentation that lists the total exposure of each of 17 U.S. Banks before consideration of any punitive damages that might arise. Bank of America is #1 on the ‘exposure list’ according to the data presented, with a ‘total exposure before punitive damages’ of U.S.$57.4 billion. This amount is reported as including exposures of Countrywide Financial Corporation and Franklin Financial Corp. which Bank of America acquired. The charts set out:
- a list of individual defendants;
- a response to the lawsuits by Deutsche Bank that suggests Fannie Mae and Freddie Mac “are the epitome of a sophisticated investor” – which if that is ultimately put forward as a ‘principal defense’ by the Banks I (not a lawyer) wouldn’t ‘bank’ on ast being very compelling in an objective and independent Court;
- links to some of the evidence that apparently has been gathered to date;
- the ten ‘Causes of Action’ set out in the FHFA’s lawsuits; and,
- a brief statement of ‘Next Steps’ which suggests that one ought not to expect a quick resolution to this, and ultimately perhaps ‘out of Court’ settlements. It seems to me ‘out of Court’ settlements might be very tricky, both because of the number of Parties involved, and because if they do occur there is left behind an inherent implication of guilt. No doubt the Banks will take the position if settlements occur is that they were guilty of nothing, and settled simply to get an expedient resolution to the lawsuits against them based on an ‘opportunity cost of their time’ argument. Even if all that happens, it seems to me there will be a ‘difficult to eradicate’ taint on the U.S. Investment Banking community. If I am right in this, this may negatively impact ‘investor’ (but not necessarily ‘trader’) confidence in the U.S. equity markets, and perhaps equity markets generally.
Turning to Berkshire Hathaway’s now 12 day old U.S.$5 billion Preferred Share investment in Bank of America, I suggest the lawsuit against Bank of America takes my thoughts on how Berkshire may have structured its deal to a ‘whole new level’ – see ‘Warren Buffett – Standing In A Good Place’ (August 26). If you haven’t as yet read what I said in my ‘Buffett Commentary’ you might consider doing that. I am sure Mr. Buffett ‘slept like a baby’ on Friday night after the U.S. Government lawsuits had been filed, and will continue to do that going forward.
Are you sensing an increase in the ‘speed of new economic related announcements, in particular in the U.S. and the Eurozone. I am, and I remember clearly the time-lag between the ‘U.S. car’ swerving in March, 2008 when ‘Bear Stearns’ was announced, and that ‘car’ jumping over the guardrail and crashing six months later in September, 2008 when Lehman Bros. was forced into bankruptcy. Something to think about, and then discuss with your Investment Advisor.
You also might want to read ‘Mind-Blowing News from the FHFA’ – reading time 4 minutes – written by Addison Wiggin, well-known author of ‘The Demise of the Dollar’ among other books, and editorial director of The Daily Reckoning. Mr. Wiggin, while expressing his views somewhat differently, seems to agree with me. The article includes what I found to be a very confusing 8 minute video showing a series of undated clips of Democratic and Republican Senators debating Fannie Mae and Freddie Mac. Frankly (no pun intended, but Barney Frank (Democrat, Massachusetts) appears more than once in the video) I think not worth watching. What the video does convey for me the impression of what I increasingly think of as a current ineffective and inefficient U.S. Federal Government. ‘Ineffective’ and ‘Inefficient’ have to ‘rank right up there’ among the words one might not want to apply to a country’s leadership in the best of times, let alone in seriously difficult economic times. Imagine a battered two-seat Lamborghini with bad tires careening through traffic on a crowded six-lane highway at 180 miles per hour where five people are stuffed into the car, where only two of them know how to drive in serious traffic, and where they all want to have their hands on the steering wheel.
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