No Load Fund/ETF Tracker updated through 2/14/2008

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My latest No Load Fund/ETF Tracker has been posted at:

http://www.successful-investment.com/newsletter-archive.php

Mixed economic reports had the bulls and bears engaged in a tug-of-war all week.

Our Trend Tracking Index (TTI) for domestic funds/ETFs remained -0.86% below its long-term trend line (red), in bearish territory.




The international index dropped to -7.42% below its own trend line, keeping us in a sell mode for that arena as well.



For more details, and the latest market commentary, as well as the updated No load Fund/ETF StatSheet, please see the above link.

Money Market Fund Update

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In a recent post, I warned about the dangers of chasing high money market yields. Kevin Depew at Minyanville had this to say in item #3 of his “Five Things You Need To Know:

This morning on its earnings conference call Panera Bread (PNRA) was forced to detail why the company had to write down $1 million due to a short-term investment in the Columbia Strategic Cash Portfolio, an enhanced money market fund through Bank of America (BAC) that we wrote about in Five Things back in early December.

Since 2004 Panera has held an operating cash level of $10 to $15 million in a cash reserves fund, a traditional money market fund. Amounts above that threshold the company held in the Columbia Strategic Cash Portfolio.

According to PNRA CFO Jeffery Kip, in November of last year the company had $26.5 million in the Columbia fund – more than 75% what PNRA says is the maximum balance kept in the traditional money market fund, which to me seems like a lot of risk for a few extra basis points – and asked BAC to remove the funds, but were not allowed to do so. Shortly thereafter, of course, we learned that BAC and Columbia had frozen the fund to redemptions.

OK, so we’re almost halfway into February and PNRA is now writing down $1 million. Time to move on, right? Not exactly. Since November, PNRA has withdrawn approximately $8.2 million from the fund, which according to Kip is 98.7 cents on the dollar. They still have $18.2 million in the fund, which is still more than 20% of the max value the company keeps in traditional money market funds.

Meanwhile, PNRA is valuing its investment in the fund at about 96 cents on the dollar, but how? According to the company, this valuation is based on direct market quotes, valuations from Interactive Data Corp., the ratings agencies, and the company’s assumption that anything in the fund with lower than an A rating (approximately 6% of the holdings) returns an average of 40%.

We’re not so sure this is the end of the story.

Again, the danger of trying to squeeze an extra percentage point or so out of a money market fund can prove to be a risky proposition. Breaking the buck can happen with any high yielding money fund given the lingering credit crisis. Even if I sound like a broken record, you’re better off rather being safe than sorry by keeping your idle funds in a U.S. treasury only money market fund. Check with your custodian as to the choices they are offering.

Market Comment: The markets ended higher yesterday on not great, but better than feared, retail sales data. Our Domestic Trend Tracking Index (TTI) barely crossed its long-term trend line to the upside by a scant +0.11%. Since our domestic sell signal on 1/18/2008, the TTI has been bouncing slightly above and below the dividing line between bull and bear territory. We need to see a clear break in one direction or another before taking any positions.

Picking Pockets

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The markets received a lift yesterday on Warren Buffett’s proposal to buy out some of the bond insurers’ (monolines) liabilities. While this improved sentiment in the market place, I think it’s a case of Buffett trying to pick somebody’s pockets clean.

The man is obviously smart, and his offer will be beneficial for him but not for the mononlines. In essence, he’s offering to re-insure some $850 billion in municipal bonds. If the insurers agree to this, which I doubt, it means he’s getting all of the AAA holdings from their portfolio, but leaving the bond insurers stuck with the Subprime slime. Well, I can’t blame him for trying to pick up a good deal. Historically, muni bonds have a default rate of less than 1%, which makes this a low risk transaction.

The major bond insurers are facing downgrades due to more than $5 billion in losses caused by swaying form their original business models to insuring questionable Subprime related instruments.

Bottom line, this is a win-lose situation. The bond insurers are with their backs against a wall desperately trying to maintain their AAA ratings. Selling the profitable and non-problematic part of their portfolios and keeping the garbage will only hasten their demise.

However, the markets reacted euphorically as if this was the long-awaited answer to the credit crisis. It will not solve the underlying issues and the indexes ended up in split fashion with the Dow gaining 133 points, while the Nasdaq remained unchanged.

Even Treasury Secretary Hank Paulson was unusually frank in his assessment during a question and answer session by saying that “in terms of Subprime the worst isn’t over; the worst is just beginning—and we all know that.” Not very reassuring!

Our Trend Tracking Indexes (TTIs) moved closer to their respective trend lines, but remain in bear market territory as follows:

Domestic TTI: -0.04%
International TTI: -7.57%

There is no change to our current market neutral position.

Counter Party Risk

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With the unwinding of the credit bubble, new terminology has been thrown at the public at an amazing pace. One of the terms you hear more frequently as banks are writing down bad investments, is “counter party risk.”

Rob Roy’s article “Default Swaps Intensify Credit Crunch,” explores some of the details how leverage combined with abnormal events can have devastating effects on CDOs, SIVs and MTNs). Here are some highlights:

Abnormal events are magnified with financial leverage, and even normal events can become catastrophic with large amounts of leverage. This is clearly seen with the sub-prime and other low quality loans that were packaged into Collateralized Debt Obligations (CDOs) and then sold off to institutional investors thirsty for higher returns. Other financial “alchemy”, courtesy of Wall Street’s greatest quantitative minds included upwards of $300 billion of Structured Investment Vehicles (SIVs). The SIVs took in a lot of mortgage paper (both commercial and residential), added some leverage to the recipe, and then issued a package of commercial paper/equity/junior notes/senior medium term notes (MTNs). These investments (We use this word loosely and prefer ‘derivatives’) were ‘stress tested’ for normal delinquency rates. Of course now they realize that these are not normal times.

My firm believes it is dangerous to use history as a guide in today’s complicated environment. Instead, we believe that we are now making financial history and when we look back twenty years from now, we will see today as the unwinding of the ‘Great Debt Experiment’. Which leads me to what we believe what is the greatest risk of all: Counterparty Risk. Counterparty risk, simply defined, is the risk that the other party in an agreement will default.

…Oh yes, the brokerage industry. If you think the banks are a mess, try taking a quick look at the balance sheets of companies like Lehman (LEH) and Bear Stearns (BSC). These companies have balance sheets that are literally 40 times their shareholder equity. They also own 3 times their equity in what is known as ‘Level 3 assets’—those that can’t be accurately priced, and can’t even be estimated based on a model. Level 3 is ‘mark to management’s best guess’. Best guess is better than what Citi’s CFO said when asked about its $60 billion of CDOs. On the investor conference call he stated that their positions were ‘marked to a reasonable stab’. I know this may sound as if I am making this up, but sadly, I am not. In Citi’s case, this was before they brought approximately $45 billion of SIVs back onto their balance sheet in late 2007. This explains why the banks, brokers, and insurance companies are constantly coming to market to raise fresh capital.

This cross-dependency on other institutions is why counter-party risk may be the next problem child to raise its ugly head and may be the greatest risk of them all. We have been hearing the murmurs of counter-party risk for the last several years. The last measure of the credit derivatives market is $45 trillion (yes with a T) which didn’t happen overnight. Like any big disaster, it didn’t reach its tipping point in an instant but rather built up over a substantial time period where warnings were not heeded.

The risk isn’t just that the other party to your derivative trade suffers a financial meltdown and can’t pay. Counter-party risk really seems to take on three types of events. In the most widely understood event, a trade in which you are winning and are owed money by the counter-party isn’t paid to you because of their inability. This first risk is pretty simple, but even so these kinds of failures may cause you enough pain to pass the problem down the line by creating an inability on your part to pay your obligations. This is a daisy chain effect.

The second kind of counter-party risk is that these private transactions which are agreed to in complicated legal documents have not been properly documented. Many credit derivative transactions don’t simply involve two parties but are often times the risk is passed from one party to the next several times. When an event occurs it causes a careful examination of the complicated legal documents which spell out the specifics of solving a default event.

Case in point is today’s news that AIG’s stock tumbled on heightened CDO concerns:

PricewaterhouseCoopers LLC said AIG had a material weakness in its internal control over financial reporting and oversight related to the valuation of a derivatives portfolio owned by AIG Financial Products Corp., a unit of AIG, the company said in a regulatory filing.

AIG’s Financial Products unit sold similar guarantees on CDOs, using credit-default swaps (CDS), which are a type of derivative-based insurance that pays out in the event of a default. It sold “super senior” CDS that guaranteed higher quality parts of CDOs.

But as the credit crunch widened, the market value of even the best parts of some CDOs have declined. The complexity of these securities and a slump in trading activity has made them tricky to value, adding to concerns.

AIG could end up paying out as much as $10 billion from the CDS it has sold on CDOs, which is about 10% of the insurer’s net worth and roughly three quarters of earnings, Matt Nellans, an equity analyst at Morningstar, wrote in a note to clients on Monday.


Still, market-based valuation changes within this portfolio don’t necessarily mean AIG will end up paying the same amount to settle its obligations, the analyst added. Ultimate losses depend on the number and severity of defaults on the assets that back the CDOs the insurer has guaranteed, he explained.

AIG’s exposure to riskier securities known as mezzanine CDOs are more worrying, Nellans said, noting that the company had roughly $19 billion of such exposure at the end of September.

AIG again guaranteed the highest-rated parts of these securities, but they are backed by riskier underlying assets, he explained.

“In the event the underlying securities fail a cash-flow test or are downgraded, the remaining cash flows will be diverted from the lower-rated AIG insured tranches to the higher-rated tranches,” Nellans wrote.

“AIG could withstand a total loss on this $19 billion of exposure, but it would wipe out 19% of the firm’s equity and about 15 months of earnings,” he added.

Again, any guarantee is only as good as the entity backing it up and, in the case of CDOs, provided there is even a market into which to sell. As many banks and brokerage houses have found out, buyers are hard to find and discounts are steep. Short of a drastic change, this means that more write-downs are coming, which will contribute to a continuation of the credit crisis until all skeletons are out of the closet.

Housing Bubble Trouble

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With all of the serious front page news about the housing bubble, let’s today look at the lighter side of what happened from they eyes of a few musicians who put to together this music video called “Housing Bubble Trouble:”


[youtube=http://www.youtube.com/watch?v=Ivp4YqGCI-s]

Sunday Musings: Looking For Guilt

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It was just a matter of time. With losses from the Subprime/credit/housing fallout continuing to grow with no end in sight, lawsuits had to happen eventually. Surely, if you look long and hard, and get the right lawyers involved, you will find that lies were told, not all facts disclosed and investment risks downplayed.

MarketWatch reports in “U.S. widens probe, seeks Merrill information:”

Federal prosecutors, expanding their look into Wall Street firms’ mortgage businesses, asked the Securities and Exchange Commission for information that the agency has collected on Merrill Lynch & Co., The Wall Street Journal reported Friday.

Citing people familiar with the situation, The Journal called the Justice Department’s interest “preliminary” but said sources told the newspaper that the U.S. attorney’s office request could be a precursor to a criminal investigation.

The Justice Department’s move comes after the SEC upgraded its own investigation into a formal probe, the paper reported. Moreover, the FBI is looking into dealings at 14 different firms and the way they did mortgage business.

Last week, authorities in Massachusetts charged Merrill and two of its employees with fraud in connection with securities it sold to the city of Springfield, Mass., which collapsed in value shortly after they were sold.

Federal prosecutors in Brooklyn have been probing activities at Bear Stearns Cos. after two funds run by that firm lost more than $1 billion over the summer. The Brooklyn prosecutors are also investigating Swiss banking giant UBS over its firing of a trader who, according to an earlier report, had clashed superiors over how to value mortgage securities.

Lawyers said any investigation of this sort would likely take years, not months, as regulators attempt to put together solid evidence to make their case.

“The government has a lot of hard work ahead of it in attempting to put together a case of this kind,” said Michael McGovern, a former federal prosecutor and white-collar defense lawyer for Ropes and Gray in New York. McGovern cautions that the complexity of a case of this sort could make it hard for federal regulators to find a smoking gun to prove misconduct.

If regulators can find conclusive proof of wrongdoing, any targets of the probe will probably have settled the lawsuit before then, experts said, as corporate boards attempt to put an end to the matter. The chances of Merrill seeing its employees indicted are also slim, unless they prove uncooperative with federal investigators.

“After the Arthur Andersen debacle, they wouldn’t indict anyone unless the current management is giving them a hard time,” said Solomon Wisenberg, a lawyer specializing in white collar crime who conducted the grand jury questioning of President Bill Clinton during the Whitewater investigation.

“My guess is that current management will bend over backward to give them anything they want, because there are so many sanctions available to the government,” Wisenberg said. “They will be very cooperative if they are smart.”

Political expediency, too, could be a factor in an increasing number of these types of cases. With the subprime mortgage mess fresh on the minds of many lawmakers — and their constituencies — the temptation to find a scapegoat could be too hard for many legislators to resist.

But lawyers cautioned against any attempt to legislate a quick fix.

“It’s important to remember that 20/20 hindsight is not evidence of guilt,” McGovern said. “Just because everything went bad doesn’t mean anybody did anything wrong. It follows every tragedy in the marketplace that people start calling for scalps and the government increases its energy trying to find someone to blame.”

While I am not in favor of frivolous lawsuits, it appears that some of the events justify an involvement as outlined above. Let’s hope that, if eventually certain parties are found guilty, serious penalties are handed down and not just a warning accompanied by a token fine and an extracted promise not to commit the same offense again.