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Kip Herriage

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When the news broke about the $50 billion Ponzi scheme that Bernie Madoff engineered over a twenty to thirty year period, I knew the story rang a bell. I went back through my records and found the original Barron’s article in 2001, written by Erin Arvedlund. Included in her excellent research were quotes from several well known Wall Street veterans where they openly questioned Madoff's ability to consistently generate 15% plus returns, year after year, in good market or bad. All of the warning signs were there, and lots of bright people believed that this guy was running a huge scam. They were right, but no one seemed to care.

I contacted Erin a few days ago about the article and found her comments most interesting. “After I wrote the article, nothing happened. No one contacted me from the SEC or anything. I found that pretty strange….the story just died”.

As long time subscribers to the VRA know, I’ve been writing about the vast conflicts of interest on Wall Street for years. Having spent 15 years in that industry, I witnessed similar things on a regular basis, yet it's rare when anyone is really made to pay, or when real changes in the investment business actually take place. And we wonder why investors are pulling all of their money out of the stock market, many never to return,

Well folks, it looks like we’re finally going to get our first real perp walk. Too bad that it comes much too late and that it has nothing to do with what got our economy and markets into the mess they are in today.

We should be in the middle of the Obama Christmas bear market rally, but I believe that the news of Bernard Madoff's $50 billion fraud will hit us like nothing else -- not the fall of Lehman Brothers, not the death of Bear Stearns, and not the string of insolvency announcements of one household name after another.

Madoff will be the blow that reignites the worst economy and bear market since the Great Depression.

Madoff’s story - that he ran this gigantic fraud by himself - is 100% unbelievable. There’s simply no way that one man alone could have done the work of inventing and cranking out thousands of statements every month, not to mention keeping track of the comings and goings of billions of dollars. Madoff has partners in crime and unless they have Inspector Clouseau running this investigation, we should know the full story soon.

So, the Wall Street Journal says to its readers:

Could your investment manager be another Bernard Madoff? ...If someone like Mr. Madoff can be accused of running a $50 billion Ponzi scheme, can investors anywhere sleep easy?

Ordinarily, when you are picking an investment manager or financial planner, you're given some common-sense advice. Avoid managers who are unknown, or unregulated, or come without good referrals, or haven't been in the industry long. But none of this would have saved you from Mr. Madoff. 'This guy had oodles of referrals, at the highest levels,' notes Duane Thompson, a managing director at the Financial Planning Association in Washington. “He was [former] chairman of Nasdaq. He'd been in business since 1960.”

Fear, confusion, and mistrust have been increased by the absence of government supervision or regulation. The SEC admits “it did not do its job”. Really? Please tell us something that we don’t already know! And the media continues to call this “the biggest Ponzi scheme of all time”, but we know that to be a lie as well. Social security (aka, social insecurity) is of course the biggest Ponzi scheme ever. Madoff is not even in the same ballpark.

Still No Perp Walk

So far the government has thrown away approximately $10 trillion of taxpayers' money to bail out Wall Street and the banking industry and we’ve yet to see a single perp walk. Think about this for a moment. Goldman Sachs (GS) and JP Morgan (JPM), along with several of Wall Street's most prestigious firms engineered the exact derivatives instruments that got us into this mess in the first place. Then, they pocketed hundreds of billions in profits along the way. I’ve been writing about derivatives for years, and these weapons of mass financial destruction finally succeeded in popping the bubble that was the US economy. The con was so great that it took the rest of the world with it.

The top executives from these failed companies (Bear Stearns, AIG, Lehman, etc) had NO skin in the game. Collectively they owned less than 1% of the outstanding shares in their firms… so they had absolutely nothing to lose. All they had to do was get legislation passed that would allow the investment and banking industries to use leverage of 40 to 1 (up from the already obscenely large norm of 10 to 1), and along with the creation of financial derivatives that had little to no backing they engineered record profits out of thin air…which in turn allowed them to be compensated with billions upon billions in obscene bonuses. All while Rome burned.

So, the real question is; how is it that none of these con artists are getting their perp walk?? Maybe that day will come but holding our breath will likely be an exercise in futility. Chalk it up as another “accident” under George Bush’s reign of fire.

Why This $50 Billion Matters

Following a 50% drop in the stock market, everything was in place for a big bear market rally. Obama got elected, the government bailout put a stop to the run on the banks, and they even managed to put off the bankruptcy of the Big 3 until sometime in 2009. With extreme levels of pessimism, over $3 trillion in money market funds, and t-bills paying a negative return to investors, we should be in the middle of a recovery to at least 10,000 on the Dow. That’s still a long way from 14,500, but it would also represent a 30% move from the lows of just one month ago.

Then…Bernie Madoff happened… and it’s most likely time to say goodbye to any possibility of an extended bear market rally. This Ponzi scheme has big money investors all over the world aggressively pulling money from money managers and hedge funds, and the result will be massive pressure on US and global stock markets as we head into the New Year. No one trusts anyone, and the financial world will never be the same as a result. Before this bear market is all over I predict that 70% of all hedge funds will be out of business and with it, another $1 trillion pulled from equity investments. This money will continue its flight to safety which will keep interest rates on government bonds at record low yields…until this bubble bursts as well.

Unfortunately for the Fed, this will increase the deflationary environment that we’re in, and prices on all types of assets will remain under great pressure. Oil and gas prices are being decimated, and along with it the 30-40% of the earnings of the S&P 500. Each year of this decade has seen the index rebalanced to favor energy companies, and the result will be devastating for corporate earnings and for the major indices. In 2009, I continue to look for earnings on the S&P 500 to come in under $40, which means that even at current prices, the S&P 500 is trading with a P/E of 22. The really bad news here is that this is the level where bear markets begin rather than where bull markets get underway, so my forecast for 2009 is only getting more pessimistic. With a more reasonable P/E of 15, the Dow would have to trade down to 6500, or a 23% drop from yesterday’s close of 8519.

Assume that we reach a bottom in earnings at the end of 2009, and we see a 20% earnings recovery in 2010. This means that we could see a recovery to approximately 7500 on the Dow in 2010. Unfortunately, this is what I see as a best case scenario.

The problem with this bear market is that the worst of the economy is in front of us, rather than behind us. The bad news from unemployment will continue to hit us for at least a year, and I continue to believe it will reach 12% before it’s all over.

The next shoe to drop will be in commercial real estate, and it won’t be pretty. After the first of the year we’ll begin to get the news of major tenants leaving malls and commercial properties in droves, and on the order that we haven’t seen in our lifetimes. Along with this, massive consumer debt will result in insolvent credit card companies, insurance providers and of course, collateralized auto loans.

The big mystery for most economists is exactly how much the next big fiscal stimulus package from Obama will help the economy. We already know that it will exceed $1 trillion, and along with his economic infrastructure and rebuilding program, the so-called experts are divided on how much it will really benefit the overall economy. My guess is that it will disappoint greatly and be widely viewed as a failure, but hey, he’s got to try something…right?

I say “wrong”. We’ve become the bailout nation and look how it’s working so far…

Our system needs purging, and the balloon needs to be allowed to burst naturally. This will allow us to get this over with once and for all. Will it be painful? Yes, it absolutely will, at least for those that have made terrible decisions with their money for decades, if not an entire lifetime. This is how a free market system is supposed to work, and unless we allow the process to play itself out, we will repeat the same mistakes that Japan has made for the last two decades as they have attempted to prop up failed banks and a broken/corrupt corporate system.

So, how has its economy and stock market done over this time frame? It’s not pretty. Japan’s stock market is down 78% from its high of 38,000 to about 8000 today. It has also experienced massive deflation, as evidenced by a real estate market that has dropped every single year for close to two decades.

Yet, for some reason we’re determined to use the same playbook. As Albert Einstein said, “Insanity is doing the same thing over and over again expecting a different result”. Massive government bailouts, printing our currency into oblivion, and passing down $100 trillion in debt to our kids…and to their kids…now that’s the definition of insanity.

Do we really think that capitalism can be saved by socialism?

Disclosure: None.

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This article has 21 comments:

  •  
    Dire forecast, but all plausible.

    Market gurus have been forecasting an Obama rally. They also remind us that markets are anticipatory and "forward looking". Doesn't this raise the possibility that the "Obama rally" may have already happened?
    2008 Dec 23 08:28 AM | Link | Reply
  •  
    "same mistakes that Japan has made for the last two decades "

    Gee. The same nation that didn't ever peak much over 6% unemployment. We'd be pretty lucky to make those same mistakes.
    2008 Dec 23 08:35 AM | Link | Reply
  •  
    My God ...I think you nailed it.
    2008 Dec 23 08:35 AM | Link | Reply
  •  
    6500 seems to be the number of the week. Welcome to the club.
    2008 Dec 23 08:44 AM | Link | Reply
  •  
    Excellent article, and I agree strongly. From traders I know, I have heard that redemptions in Q1 will rival those that tanked the markets in October. True fear has struck the heart of big money investors, and no one wants to be last out the door.

    I suspect we will find out that Madoff's 'business plan', far from being an anomaly, was possibly the norm.

    ""Fasten your seat belts, kiddies, this is going to be a bumpy ride"
    2008 Dec 23 08:50 AM | Link | Reply
  •  
    Scarce are the money market managers you can trust, less those selling products of which they do not know the makeup like Merril Lynch financial advisers ... what goes on in that company for common of mortals is nothing short of your doctor giving you aspirin for a pancreatic cancer.

    2008 Dec 23 08:58 AM | Link | Reply
  •  
    OH! HAPPY NEW YEAR everybody......
    2008 Dec 23 09:20 AM | Link | Reply
  •  
    We're mad and we are not going to take it anymore!

    UNIFIEDMARKETS.com
    2008 Dec 23 01:58 PM | Link | Reply
  •  
    Your article seems interesting and possibly factual until you slammed the social security tax as being a Ponzi scheme. Social Security Tax is a tax, not an investment. Why do mis-represent a tax as some sort of investment? Look at your income tax form. Does it not say Social Security tax. The proceeds of the Social Security tax are to be used according the the Social Security laws. Social Security tax is not an investment, and it is definitely not a Ponzi investment scheme.
    2008 Dec 23 02:47 PM | Link | Reply
  •  
    I agree with you that the market will fall, but I doubt that Madoff will cause it. It looks like the Madoff tab will be $40 billion - not that much in an economy measured in the hundreds of trillions. Deleveraging is still the major cause of all this.

    I do also agree with the stupidity of an Obama stimulus package that is heavy on infrastructure improvements. This type of WPA program is a 1930's depression era solution that had limited results in the 30's and that was when we had a 70% manufacturing/30% service economy. Now we are a 70% service economy and this will have limited results. A lot of the construction jobs created will be low paying immigrant jobs and a lot of that money gets sent back to Mexico. He needs to reignite the consumer with incentives to purchase goods. Another good start would be to bring back the Investment tax credit to encourage business purchases.
    2008 Dec 23 05:39 PM | Link | Reply
  •  
    We had the Obama rally,the one where the Dow dropped 2000 points after he was elected. The Madoff business doesn't seem to be registering much.
    2008 Dec 23 06:55 PM | Link | Reply
  •  
    As far as I am concerned, the Obama Rally occurred on the day before the Presidential election, Monday 03 November. I rode on that euphoria, sold some stocks and reaped some profits.
    2008 Dec 23 08:23 PM | Link | Reply
  •  
    The bear market rally will continue. True, granted that people will no longe trust any one and they will pull money from asset managers and hedge funds.

    BUT WHERE DO YOU PUT YOUR MONEY, AFTER YOU PULL THEM BACK? UNDER THE PILLOW?

    Hyper inflation will hit. There is no safe place to put your money. The only place that is still safe is physical assets and physical precious metals, as well as entities that produces them.

    People will have to buy stocks. Because paper money will become worthless, as well as all forms of debts. Learn from the experience in Zimbabwe and Weimar Republic.

    seekingalpha.com/artic...
    2008 Dec 23 10:41 PM | Link | Reply
  •  
    Why the gratuitous Bush bashing? Dems carried the water for Fannie and Freddie. Rubin pulled down obscene salaries while Citi rotted away. Bush tried to reform Social Security, but was shot down. Clinton presided over the tech bubble, but is remembered as having engineered great prosperity...even though it was mostly an illusion...just like the "peace" before 9/11.

    At least you are right about the bailouts...
    2008 Dec 23 10:59 PM | Link | Reply
  •  
    ...doom, doom, and more gloom...when things change or rather should we set ourselves up to survive another 'great depression' for the next 10 to 20 years???

    ...so who's shorting the DOW / S&P throughout Obama's 4 years???
    2008 Dec 24 10:07 AM | Link | Reply
  •  
    The commercial real estate bomb seems to be the latest cataclysm forecast. Of course, that could happen if nothing is done but since most shopping malls and commercial buildings rely on large/chain tenants, who's to say there will not be re-negotiated terms in the future? If they're trying to do it in the residential market, they will certainly try and do it in the commercial market. They should have more success in the commercial market too since the biggest tenants are better capitalized and the landlords can't afford to lose them. Hmm, maybe that's where all that tarp money is going to go rather than residential.
    2008 Dec 24 11:04 AM | Link | Reply
  •  
    Wouldn't you concur that as president, chief-executive officer, and commander-in-chief, he had had all the resources, expert advice, legal counsel, and the brightest of all brightest minds in this preeminent country to steer, counter, lead, mitigate, invigorate, vitalize, rally, motivate, enrich, and enforce to do whatsoever to avert the current crisis during his 8-year tenure?

    Please do remind ourselves that indeed we depend on our president to act as the stalwart helmsman akin of navigation a ship. Unless of course if the person is no up for his/her job, but that this would be a different topic involving the election system. Laying blames and pointing figures would only belittle himself/herself vice accepting responsibility as being more appropriate.


    On Dec 23 10:59 PM kevinm wrote:

    > Why the gratuitous Bush bashing? Dems carried the water for Fannie
    > and Freddie. Rubin pulled down obscene salaries while Citi rotted
    > away. Bush tried to reform Social Security, but was shot down.
    > Clinton presided over the tech bubble, but is remembered as having
    > engineered great prosperity...even though it was mostly an illusion...just
    > like the "peace" before 9/11.
    >
    > At least you are right about the bailouts...
    2008 Dec 24 02:16 PM | Link | Reply
  •  
    Social Security is not a Ponzi scheme??? Let's see, the first participants in pay next to nothing, and get their payout from later participants. The number of workers paying in compared to those drawing benefits has dropped from about 30:1 down to 3:1 and is heading toward 2:1. SS has no real assets, unless you count $2 trillion worth of treasuries we have "borrowed/loaned from/to ourselves". Once the boomers start retiring in droves, taxes will have to be raised substantially to redeem those T-bonds to pay their benefits. Not a Ponzi scheme? Then what is?

    Let's not even talk about Medi-care, which is even more of a scam.
    2008 Dec 24 07:05 PM | Link | Reply
  •  
    Social Security is not a Ponzi scheme??? Let's see, the first participants in pay next to nothing, and get their payout from later participants. The number of workers paying in compared to those drawing benefits has dropped from about 30:1 down to 3:1 and is heading toward 2:1. SS has no real assets, unless you count $2 trillion worth of treasuries we have "borrowed/loaned from/to ourselves". Once the boomers start retiring in droves, taxes will have to be raised substantially to redeem those T-bonds to pay their benefits. Not a Ponzi scheme? Then what is?

    Let's not even talk about Medi-care, which is even more of a scam.
    2008 Dec 24 07:05 PM | Link | Reply
  •  
    Lemme see, that was the plan to privatize Social Security so we could all get better returns in the stock market?


    On Dec 23 10:59 PM kevinm wrote:

    > Bush tried to reform Social Security, but was shot down.
    2008 Dec 24 07:08 PM | Link | Reply
  •  
    I can tell you from personal experience that landlords are already renegotiating rents downward even for existing tenants. For any business looking for a new lease, the bargains are amazing (at least compared to a year or more ago).


    On Dec 24 11:04 AM mavericks wrote:

    > The commercial real estate bomb seems to be the latest cataclysm
    > forecast. Of course, that could happen if nothing is done but since
    > most shopping malls and commercial buildings rely on large/chain
    > tenants, who's to say there will not be re-negotiated terms in the
    > future? If they're trying to do it in the residential market, they
    > will certainly try and do it in the commercial market. They should
    > have more success in the commercial market too since the biggest
    > tenants are better capitalized and the landlords can't afford to
    > lose them. Hmm, maybe that's where all that tarp money is going
    > to go rather than residential.
    2008 Dec 24 07:10 PM | Link | Reply