Good news: it is not the Enron (wall of pain) org chart. Bad news: it is the SkyTerra, pardon, LightSquared one. Bad for Falcone that is and its various unsecured creditors. Good for Milbank Tweed which has just started billing hundreds of attorneys to the estate at about $500/hour on average. Expect many, many more bankruptcy professionals to get involved shortly in this fee bonanza in a desert of recent restructuring assignments. Time for Centerview to shine.
John Arnold Closing Centaurus Energy Master Fund As Central Planning Slowly Kills Off Commodity TradingSubmitted by Tyler Durden on 05/02/2012 13:57 -0400
More troubles for the nat gas world, as flashing red headlines confirm the inexorable trend which started years ago with the departure of more and more hedge fund titans who no longer have an advantage in a world where only liquidity matters.
- NATURAL GAS HEDGE FUND MANAGER JOHN ARNOLD TELLS INVESTORS HE IS CLOSING CENTAURUS ENERGY MASTER FUND - RTRS
Why is this not a surprise? Simple. As the FT reported earlier, take virtually everything you know about the nuances, the complexities, the intricacies of commodity trading... and shove it. But don't forget to thank the Chairman first, because the last bastion of "veteran advantage" in what used to be a rational trading arena, is now gone.
Aubrey McClendon is no amateur when it comes to shady personal transactions involving his company, nat gas giant Chesapeake: Back in October 2008, just after the financial crisis erupted, he was forced to sell more than 31 million Chesapeake shares for $569 million to cover margin calls generated from buying CHK stock just prior on margin. The company’s stock fell nearly 40 percent the week of McClendon’s share sales. McClendon issued an apology but the company’s credibility with many shareholders suffered significantly. It looks lie the story is repeating itself, only this time the margined security is not company stock, but company loans. As Reuters reports in a must read special report "Since he co-founded Chesapeake in 1989, McClendon has frequently borrowed money on a smaller scale by pledging his share of company wells as collateral. Records filed in Oklahoma in 1992 show a $2.9 million loan taken out by Chesapeake Investments, a company that McClendon runs. And in a statement, Chesapeake said McClendon’s securing of such loans has been “commonplace” during the past 20 years. But in the last three years, the terms and size of the loans have changed substantially. During that period, he has borrowed as much as $1.1 billion – an amount that coincidentally matches Forbes magazine’s estimate of McClendon’s net worth." Ah yes, net worth calculations, which always focus on the assets, but endlessly ignore the liabilities (as Donald Trump will be first to admit). But ignore that: what is more notable here is the circuitous way that McClendon basically lifted himself by his, or rather CHK's bootstraps: all the loans are collateralized by his 2.5% working interest in new CHK wells drilled every year. In essence a roundabout way of generating "cash" by hypothecation, and levering into an "upside" corporate case. Should CHK however incur asset impairments, and/or if the current price of gas stays at or $2.00, then not only will CHK be gutted but so will the asset quality securing the private loans to the CEO, which on top of everything have no covenants ("There are no covenants or obligations in my loan documents or mortgages that bind Chesapeake in any way," McClendon wrote in an email to Reuters.) and thus no stakeholder protections. Is it any wonder then that CHK is getting creamed as of right now as investors are once again reminded that CHK may not quite play by the rules?
Enron --> Worldcom --> Adelphia --> Lehman --> MF Global --> Greece --> Sino Forest --> ????
We would rank these as some of the more notorious bankruptcies. These weren't normal course of business bankruptcies. These were dark and deviant. They have many similarities. Opaque and convoluted accounting and finances are common to them all. Whether it was Jedi for Enron, repo 105 for Lehman, or off-market swaps with Goldman for Greece, they all used every trick in the book to keep debt off balance sheet and to obfuscate the risk. It is hard to watch what is going on in Europe and not believe that Greece is just the first of many. Countries and their banks. Countries and their regions. Countries and EU programs. Banks and their national central banks. Banks and the ECB. It is hard to pin down the fatal flaw, but for us it is harder to believe that there is nothing to see there and we should happily move along.
- BHP Billiton sees China iron ore demand flattening (Reuters)
- Australia Passes 30% Tax on Iron-Ore, Coal Mining Profits (Bloomberg)
- State Capitalism in China Will Fade: Zhang (Bloomberg)
- Venizelos quits to start election campaign (FT)
- Fed’s Dudley Says U.S. Isn’t ‘Out of the Woods’ (Bloomberg)
- China Is Leading Foreign Investor in Germany (WSJ)
- Fed undecided on more easing: Dudley (Reuters)
- Martin Wolf: What is the real rate of interest telling us? (FT)
This cannot be the right course for us to take in the wake of such a widely recognized crisis. The lack of purposeful outrage is deafening. We cannot restore lasting stability to our economy and society unless we are willing to face up to what we did wrong, right it, and throw out the bums who put us there. Without that, the pattern of ever escalating crisis and interventionist, market-distorting solutions will surely lead to a bigger crisis still ahead... Perhaps the most important symbol of our failure to address reform are the pictures accompanying much of the coverage of Greg Smith’s letter, those of a power-posing Blankfein and Cohn, who without the Government’s accommodation might be striking a very different pose, indeed. You want to sign on to Mr. Smith’s army in joint distaste for Goldman’s lost culture? Please, be my guest. But more deserving of your enmity is the insidious co-option of the core premise of capitalism by a handful of people to ensure the banks’ undeserved survival, and their managers’ really nice lifestyle.
Today, the metals space is abuzz with a CFTC "comment letter" posted on its website by an alleged "current JPM employee." There is only one problem - this letter is either a complete fraud or simply a total mockery, as it provides absolutely nothing new, and merely regurgitates existing manipulation claims already out in the public domain, and backed by precisely zero evidence. How about attaching a signed trade confirm, or a daily internal P&L report, or even a blotter entry? No? Because they don't exist? Needless to say, anyone can submit such an alleged insider letter, and since there is no name associated to it, we would advise everyone to merely enjoy this a prank attempt. Unfortunately, what more such repeated faux "whistleblower letters", which are likely forthcoming, from other "current JPM employees" will do is simply dilute the effect of any real such disclosure that may come in the future. For that purpose, we strongly caution anyone who considers submitting such disinformation attempts from doing so as it will merely impair and discourage any just intent of validated and justified whistleblowing, either at JPM or elsewhere.
Subprime Goes to College
We kissed Nasdaq 3000 this morning. Doom and Gloom abounds. The macro picture is still dire with lots of bad news - some of which you can only get on ZeroHedge! Consider the crazy news that Wyoming was looking to buy an aircraft carrier. Is this not Peak Doom? It is a sign.
At bottom, centralization is the foundation for the collectivist fallacy; that there is a “greater good” that must be maintained by the establishment. This process makes the establishment indispensable in the minds of the public. The elites in power today have chosen environmental dogma as their version of the “greater good”, because the “end of the world as we know” can be used to rationalize almost any brand of despotic behavior, from food and water rationing as a method for social conditioning, to population control or even depletion in the name of “saving the planet”. Always beware the true motivations of any governing institution that seeks to assert itself as the purveyor of all that is “best” for the people. Such groups are rarely if ever what they seem…
The “Transmission Mechanism” Is Broken. As the Fed debates what form of QE to launch on the world and whatever new communication strategies they are going to employ, maybe they should sit back and figure out why their policies seem to be doing so little. The Fed is clearly trying to stimulate the economy. As much as we disagree with many of their policies, we do believe their intentions were to boost the economy and not just help banks make easy money. In spite of their intentions, they have failed and we think it is because they are clinging to two flawed assumptions - the wealth effect and the fact that low rates for banks means low rates for banks' customers. The Fed should be going back and figuring out how to address the failure of the stock market wealth effect and of the bottleneck of the banks.
We are still waiting to see the final form of the "Grand Plan" and what novel ways the EFSF guarantees will be applied to save the day. At the risk of sounding incredibly stupid, I have this feeling that Europe didn't actually work on any details until this past week, and Germany is suddenly realizing how bad the details are for them. Is it possible that some politicians got so caught in the moment of "saving Europe" and "fighting the speculators" that they kept promising more and more, without thinking whether they could or should deliver? You would like to think they didn't, but since none of the politicians are detail oriented, most of their contacts at investment banks are high level, former bankers, rather than traders, it is quite possible they didn't realize what they had agreed to. If some new EFSF is created, all of the future bargaining power in Europe will be shifted from France and Germany to PIIS. (it is a shame Ireland wasn't named Shamrock, it would make the acronym so much better).
And now the political rags will really tear the American Jobs Act, ARRA and the administration, apart, because the Venn diagrams of Enron and Watergate just crossed and the point of intersection is called Solyndra. According to Reuters: "Solyndra LLC's chief executive and chief financial officer will invoke their Fifth Amendment rights and decline to answer any questions put to them at a Congressional hearing on Friday, according to letters from their attorneys obtained by Reuters." But, but, what do they have to hide? And how many times in the past has pleading the fifth not led to a prison sentence for someone? And, implicitly, and potentially, the commencement of impeachment hearings?
Krugman Dementia Alert: Former Enron Consultant Says Jim Rogers "Has Been Absolutely Wrong About Everything"Submitted by Tyler Durden on 11/06/2010 15:50 -0400
While we approach the topic of Paul Krugman with the same eagerness one approaches a clogged up, never cleaned, bathroom at a frat party that is about 50 years past its due date, (pretty much like Keynesianism) this one just put us over the top. In his latest pointless drivel on the economy, instead of reverting to his usual mode of praying to John Keynes, bitching at those who dare call for accountability and the punishment of all those, such as Krugman, responsible for what is now a $4 trillion taxpayer monetary bailout tab, and begging for trillions, then quadrillions, then quintillions, then an infinite amount of money, the Op-Ed writer has instead decided to start a mudslinging campaign against none other than Jim Rogers, the co-founder of George Soros' Quantum Fund, who has been pretty much spot on with his calls for decades.