September 9, 2008 Home | Print Edition | Close Window

Now what?... $2,400 per hour... Six-year-old news tanks UAL shares... No deal for LEH... Street compensation intact... Have we been saved?...

Now that Fannie and Freddie have been effectively nationalized, you should be asking yourself a critical question, perhaps the most important question investors ever ask: Now what?

One important trend to watch out for is bank failures, hundreds of them, mostly small institutions, all across the country. I also believe another big one will fail, like Wachovia or WaMu for example.

One thing is for sure. Banks like these two are desperate to attract deposits. They're paying 5% and higher on a five-year CD, when Bankrate.com shows the average at around 3.59% today.

Bloomberg tells us the lawyers for former Enron investors will get about $688 million in legal fees for recovering approximately $7.2 billion from Enron's lenders, auditors, and directors.

The Enron lawyers worked 280,000 hours and made just over $2,400 an hour. They worked out settlements with Bank of America, Citigroup, JPMorgan Chase, Canadian Imperial Bank of Commerce, Lehman Brothers, Arthur Andersen, Kirkland & Ellis, and Enron's former outside directors, among others.

Porter sent a note along this morning about the Enron settlements, asking, "Why is it that in our culture if you commit a big enough crime and can afford to pay a big enough fine, it's as if you haven't done anything wrong?"

Good question. I don't know the answer, but I know the situation isn't unique to our culture or our time, as this Augustine quote demonstrates:

Elegant and excellent was that pirate's answer to the great Macedonian Alexander, who had taken him; the king asking him how he durst molest the seas so, he replied with a free spirit: "How darest thou molest the whole earth? But because I do it only with a little ship, I am called brigand: thou doing it with a great navy art called emperor."
– St. Augustine, City of God, Book IV, written about 1,600 years ago

Ok, from now on, no more telling us we're frauds... Yesterday, a financial newsletter published a six-year-old Chicago Tribune story on United Airline's 2002 bankruptcy as current news on the Bloomberg newswire. Shares immediately plummeted more than 75% and halted trading midday.

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United said the reports were "completely untrue." Richard Lehmann, president of Income Securities Advisors, the distressed-debt newsletter's publisher, said his company found the article through a search on Google's news page. United shares opened yesterday around $12, fell to $3 on the false report, then closed at $10.92.

South Korea's Financial Services Commission Chairman Jun Kwang-woo said today that Korea Development Bank ended talks with Extreme Value short pick Lehman Brothers. KDB had been considering taking a stake in the U.S. investment bank. Jun declined to say if any conclusions had been reached... "There will be other opportunities," he said.

Lehman fell as much as 45% today. It might not be the bottom, but it feels very much like a moment of maximum pessimism... and therefore a great moment to exit a short position.

One of the major points David Einhorn raised when presenting his short thesis on Lehman was that Wall Street banks pay out 50% of gross revenues in compensation – an absurd amount. And even with the economy crumbling beneath it, Wall Street is still paying big numbers.

In a Monday report, financial industry analyst Meredith Whitney said revenues for Wall Street firms have declined 63% in the first half of the year, but compensation costs have only declined 24%. And noncompensation costs, like travel and entertainment, have actually risen 25%. The numbers lead Whitney to forecast far more layoffs for bankers.

European banks HSBC and Standard Chartered will be the first overseas banks to incorporate local operations in Vietnam. Today the State Bank of Vietnam awarded each bank a license to open wholly owned units in the country. Forty foreign banks account for less than 15% of total lending in Vietnam, and local incorporation will give HSBC and Standard Chartered a huge jump on the competition. The Asian country is still popular with overseas banks – only 10% of its population hold bank accounts.

Two notable institutional buys...

David Einhorn filed for 990,000 shares of Pomeroy IT Solutions, 8.3% of the company. Pomeroy is a $60 million IT outsourcing company with sales of $606 million and operating cash flow of $5 million.

Steve Cohen, of mega hedge fund SAC Capital, filed for 1.68 million shares, 7.4% of United Therapeutics. United is a $2.5 billion biotech company that develops treatments for life-threatening diseases.

New highs: Wal-Mart (WMT), Johnson & Johnson (JNJ).

If you're the lone Extreme Value reader who bought Wal-Mart (up 30%) AND shorted Lehman Brothers (down 80%), write to us at feedback@stansberryresearch.com.

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Ferris comment: Sounds like a radical approach. Is there a book about it?

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"Riding along a country road I came over a small hill and there was an idiot with his 4-wheeler and trailer parked completely across my lane with a truck in the left lane. I tried to stop, was forced off onto the shoulder still moving. As I tried to get back on the pavement my wheel caught the edge of the asphalt and I went over sideways with feet still clipped onto the pedals. I still remember the 'crunch' sound as the side of my head hit the pavement. I got up, cursed the guy in the 4-wheeler out for being an idiot, and rode on. When I got home I took off my helmet and was amazed.

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Regards,

Dan Ferris
Medford, Oregon
September 9, 2008

This Post-Bailout Rally Will Be Short Lived
By Ian Davis

Hurray! The federal government has stepped in to save us... right?

On September 7, the Federal Housing Finance Agency (FHFA) seized control of Fannie Mae and Freddie Mac. Under their "conservatorship," the FHFA has ousted the companies' CEOs and done away with dividend payments.

The Treasury has also been authorized to purchase up to $100 billion in preferred stock from each of the companies and provide short-term funding to Fannie, Freddie, and 12 other federal home-loan banks.

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This latest "rescue" marks the fourth time we've seen the federal government intervene in the stock market since July 2007...

On August 16, 2007, the Federal Reserve performed an "emergency" cut of the U.S. discount rate. Then, on January 22, 2008, the Federal Reserve cut its fed-funds rate in an unscheduled meeting. The government interfered again on March 16, 2008, by financing the takeover of Bear Stearns by JPMorgan Chase.

And each time the government stepped in, the stock market rallied – up between 6.5% and about 11%. But after these short-term rallies, the market has fallen to new lows. Take a look...

Previous Government Moves Have Led to Short-Lived Relief Rallies

As you can see, aside from the bounce after July 15, the government has been responsible for every relief rally we've had since last summer. (Collapsing oil prices sparked the July 15 rally.)

Here's what the three previous government-induced relief rallies looked like...

Government
Involvement
Length of Rally
Percent
 Gain
8/16/2007
54 Days
10.9%
1/22/2008
10 Days
6.5%
3/16/2008
64 Days
10.8%

So we could expect a rally of 6%-11% in the coming weeks. But there is one difference between this rescue and the rest. Take a second look at the above chart...

In the past, the government has rescued the market from new lows. But the Fannie and Freddie bailout didn't come at a new low. If you measure the current relief rally from the July 15 low, we don't have very far to go before the peak.

The market was up 2.1% yesterday, but then it reversed its gain today... Right now, it's basically flat for the week. Point is, we're not out of the woods yet. This rally may be even shorter than the rest. These government interventions are only temporary...

Good investing,

Ian Davis

Stansberry & Associates Top 10 Open Recommendations

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Sym
Buy Date
Total Return
Pub
Editor
Humboldt Wedag
KHD
8/8/2003
398.1%
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SA
7/6/2005
379.8%
Sjug Conf
Sjuggerud
Exelon
EXC
10/1/2002
228.6%
PSIA
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EnCana
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5/14/2004
219.1%
Extreme Val
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Icahn Enterprises
IEP
6/10/2004
186.2%
Extreme Val
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Alexander & Baldwin
ALEX
10/11/2002
129.7%
Extreme Val
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Raytheon
RTN
11/8/2002
125.6%
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3/10/2004
122.2%
Phase 1
Fannon
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113.6%
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POSCO
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4/8/2005
95.2%
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Top 10 Totals
5
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3
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326 days
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3 years, 241 days
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