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Fear and Greed are regularly embraced and exploited by professional traders.  At no time has this been more evident than in early September 2008.  Professional traders, hedge fund managers, and specifically short sellers exploited the fear in the Market, and combined with seasonally low volume they were able to compound the result in their favor.

Critically, the economic distress that existed at that time was unusually escalated and the fear in the public eye became the greed of Wall Street.  Right, wrong, or indifferent, this was all perfectly legal.  Unless collusion to deceive can be proven, naked short selling and 'runs' on the banks were not against the law at the time.

Unfortunately these actions caused the stress on our banking system to exponentialize.  The snowball effect destabilized the global economy, and with rating agencies acting out of sequence to prior standards, some of the best companies on Wall Street crumbled in front of our eyes. 

Again, complaints are futile.  These companies made errors in risk management, they played integral roles in exploiting the system, and they concurrently paid the price.  In most cases though, the short selling practices ramped up the filtering process considerably.  This disallowed any attempt at internal stabilization, and solidified the destruction of these once stalwart companies.  I am speaking of course of Fannie Mae (FNM), Freddie Mac (FRE), American International Group (AIG), Merrill Lynch (MER), Goldman Sachs (GS), and Morgan Stanley (MS), to name a few.  The latter have avoided the same perils as the former as we know.

Nonetheless, the short selling practices that began in early September, but which were defined by the Bear Stearns debacle earlier in the year, caused fear and panic to reverberate beyond the general public, into the global economy and to many other professional advisors.  Normally professional investors buck the trend once volume levels rematerialize, but that didn't happen this time.

This was unique, and it demonstrates the severity of the economic crisis that existed and that was exploited. 

With that, however, came an overreaction.

Fear and Greed run the 'Street.'  In 2007 greed was the name of the game.  At that time the Market overreacted to profit opportunities and risks were diluted in consciousness.  In 2008 profit opportunities are dismissed as almost ridiculous, and risk aversion is running rabid.

I am not attempting to discount the severity of the economic conditions that exist today, nor am I trying to rationalize the Market actions.  Instead, I am identifying the irrational behavior that stems from the market regularly, and which can be exploited at extremes.

First, natural growth sequences were distorted in September and the Market began acting on emotion.  Not until those emotional vibes are constrained will the Market stabilize again.  Interestingly, that capitulatory measure seems to be occurring now.

With Congress offering solace to the inoperative banking system, those professional traders who once sold short, nakedly and without hazard, are now reconsidering those efforts and categorically fighting the system.  Short selling practices and 'runs' on the banks may have been exhausted, which is typical of any exploitive opportunity.  Eventually the strategy runs its course, and then the opposite happens....

This is likely to be the scenario in the days, weeks, and possibly months ahead.

The overreaction of 2007 led the the capitulation of 2008, and the cycle should continue with an overreaction to the upside again in the months ahead.  However, expecting a trump of the 2007 overreaction would be egregious.

The suffering in our economy will not abate for very long.  I expect greed to rationalize the upside overreaction yet again, but the next down leg should then begin.  My long term analysis tells me that it will begin again at some point.

However, the current conditions define troughs, and the next major leg of direction is up, in my humble opinion.

Note: as the banking system stabilizes and as lending resumes per the direct effort of the US Government investors will regain confidence and inch their way back into the Market.  Don't be fooled though, The impact of The Investment Rate has only just begun. 

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This article has 23 comments:

  •  
    Short selling ban must be made permanent and a more robust uptick rule must be devised.

    Rapacious shortselling hedgefunds nearly ruined the economy based on lies and innuendo.
    2008 Oct 02 05:33 AM | Link | Reply
  •  
    What's so wrong with fear & greed? It creates volatility, which creates mispricings and as a value investor I look forward to those opportunities.

    Emotions throw both good & bad stocks in different directions at times and creates attractive entry positions for a long-term investor. It's much easier for a retail investor to move within the market than managers of large professional equity.

    We haven't seen volatility in quite some time and when investors haven't gotten used to something they generally fear it immediately and over-react.
    2008 Oct 02 06:51 AM | Link | Reply
  •  
    let the market do it's job...stop finessing the market...confidence requires trust and that is what has been destroyed by changing the rules alla time.

    short sellers sold what was damaged goods...

    transparency : trust : confidence ...duhhh...

    2008 Oct 02 06:54 AM | Link | Reply
  •  
    Did I read you correctly? You seem to be saying that once the banking system stabilizes and the banks start lending again, we'll be okay???

    In other words, let's just hope and pray that we can somehow re-inflate the bubble???

    Look, it was 'over-easy' credit, a delusional perception of endless money supply, and arcane vehicles that masked risk that got us into this mess in the first place!

    Make no mistake! Short sellers DID NOT 'nearly ruin the economy'! Rather, the collusion of Wall Street Banks, the Fed Reserve and gross negligence by the rating agencies and lack of due diligence and oversight laid the final straws on the back of a very sick and ailing economy, and presented a target-rich environment for short-sellers.

    This blaming of the short sellers is ridiculous! If you think for one minute that a short selling ban will save the markets, you'd best take a peek at the Shanghai exchange's performance over the past year! They have banned short-selling as a general rule, and it has failed miserably!

    Short sellers have to eventually cover by buying; this is the buying action that induces confidence and leads other buyers into the markets! Eliminating short-sellers results in eliminating a unique class of 'captive buyers', and it is the short-squeeze at the bottom that ignites a great upturn!

    In the meantime, what we have to recognize is the seismic shift that is occurring before our eyes. Investment opportunities abound where there is sound economic growth based on increased production and expanding markets, NOT simply loose credit and expanding debt!

    Now, we have the ludicrous situation of the arsonists (Hank, Ben, and company) presenting us with the solution and posing as the firemen!

    Be nimble, my friends, and conserve your capital! Above all, look for opportunities elsewhere than where you've found them in the past!
    2008 Oct 02 09:18 AM | Link | Reply
  •  
    The financial markets must serve society in a manner that minimizes the chances of an economic Chernobyl. In its current form the markets are a collection of camouflaged time bombs that can be triggered off by any intelligent fool that has access to it – including the hedge funds and private equity funds that aren’t regulated but can play in the market and destroy value to create wealth for themselves. Their licence to steal needs to be revoked. There is a huge ocean of debt (estimated by some at $7.5 Trillion!) whose toxicity is still unknown. Unfortunately the same players and entities that are center stage in the bailout are now being empowered by society to fix the problem. I think the rules of the game need to be re-written and brutally enforced so that greed can be tempered by fear, rather than feeding on it.
    2008 Oct 02 09:25 AM | Link | Reply
  •  
    Any entity that requires their stock to have value on an exchange to stay in business is participating in a pyramid scheme. A company will stay in business if it provides a product or service for which customers will pay and the payments exceed the cost of production and operation. If selling (short selling and direct selling) lowers the price of a stock, it should not force a company to close if it is legitimate.

    If a company uses the value of its stock to raise more capital (presumably diluting its stock), how does this differ from a Ponzi scheme? It differs only if the additional capital provides investment in production. If the additional capital is used for delevering and not for increasing production it satisfies a basic condition of Ponzi's operation: newer investors provide the money to pay investment returns to the older investors. WOW!!!!!
    2008 Oct 02 11:11 AM | Link | Reply
  •  
    Einhorn at Greenlight and others at similar firms colluded in spreading rumors, lies and innuendo. This will be borne out by SEC investigations that will result in many of these liars going straight to the federal pen.

    Don't tell me that shorts make any positive contribution. If they are so beneficial to markets, why are they now banned in over 20 countries?

    Try again. maybe someone will believe you.
    2008 Oct 02 11:18 AM | Link | Reply
  •  
    All the defense of shorting is interested and tendentious.

    These people would defend nuking cities if they could make $10 doing it. They are not part of humanity.
    2008 Oct 02 11:26 AM | Link | Reply
  •  
    Countries banning shorting - Reuters:

    FACTBOX-Short-selling bans in various countries
    Tue Sep 23, 2008 4:53pm BST

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    Sept 23 (Reuters) - Stock market regulators around the world have introduced curbs on short-selling, especially in financial stocks. Short-sellers are investors who borrow shares and sell them on in the hope of buying them back at a lower price to make a profit. Those who do not borrow the securities in advance of the sale are "naked" short sellers.

    Following is a glimpse into actions taken by some countries around the globe to curb short-selling:

    * AUSTRIA:

    -- There is no provision in Austrian law to ban shortselling. Regulator FMA has tried to curtail shortselling instead by declaring that shortselling beyond a certain volume is deemed probable cause for market manipulation or insider trading. It has reminded participants of their duty to report to the FMA if they suspect others to hold short positions exceeding 0.25 percent of an issuer's share capital. This would then trigger further investigation.

    * AUSTRALIA:

    -- The Australian Securities and Investments Commission banned short-selling on Monday for at least one month to help stop the share market plunging. However it eased its blanket ban on Tuesday to allow investors trading the difference between share prices on dual-listed stocks to make covered short sales.

    * BRITAIN:

    -- On Sept. 18, the Financial Services Authority banned investors from shorting the shares of 29 financial companies, including the UK's biggest banks and insurers. The next day four more companies were added to the list. The ban will remain in force until Jan. 16, 2009. * CANADA:

    -- The Ontario Securities Commission, Canada's largest provincial securities watchdog, announced a temporary ban on short-selling in certain financial stocks on Sept. 19.

    * GERMANY:

    -- Finance ministry and financial watchdog BaFin banned on Sept. 19 short-selling of shares in 11 of its financial services until the end of the year.

    * GREECE:

    -- The stock exchange will flag short sales from Sept. 24 to Dec. 31. The regulator will publish a daily account of all short sales that took place during the trading day and the number of shares by company that were purchased by borrowing.

    * ITALY:

    -- Stock market regulator Consob banned short selling of bank and insurance stocks on Sept. 22 until the end of the month.

    * LUXEMBOURG:

    -- Luxembourg's financial regulator CSSF banned naked short sales on Sept. 19, with immediate effect.

    * NETHERLANDS:

    -- Dutch market regulator AFM on Monday released the names of eight financial institutions covered by a three-month ban on "naked" short selling of their shares.

    * PAKISTAN:

    -- Short selling in the ready and futures market of the Karachi Stock Exchange will be prohibited for a month starting from Sept. 24 when trading in the October contract begins.

    * PORTUGAL:

    -- Portugal's CMVM market regulator prohibited short-selling of financial stocks on Sept. 22. The ban applies to eight banks listed on Euronext Lisbon.

    * SINGAPORE:

    -- Singapore Exchange said late on Monday that it would tighten rules to discourage "naked" short-selling. Traders who cannot deliver shares they sold will now face a penalty of 5 percent of the value of the failed trade subject to a minimum of S$1,000 ($710).

    * TAIWAN:

    -- Taiwan's Financial Supervisory Commission said on Sept. 21 it was reimposing a ban on short-selling shares in 150 companies below their closing prices in the previous session. Investors cannot short stock in 150 companies in the Taiwan 50 Index, the Taiwan Mid-Cap 100 Index and the Taiwan Information Index from Sept. 22 to Oct. 3.

    * USA:

    -- The U.S. Securities and Exchange Commission has temporarily banned short selling in the stocks of 799 financial companies. The ban will stay in force until Oct 2. (Writing by Jijo Jacob. Editing by David Cutler and Andy Bruce)
    2008 Oct 02 11:45 AM | Link | Reply
  •  
    Shanghai is now considering instituting short selling to "stabilize" their market... a day late and 4000 points too late.

    Liquidity and price discovery are greatly damaged by restricting LEGAL short selling... and if you're such a fool you don't know the difference between LEGAL short selling and naked shorting then you should be investing in hummels instead of stocks... the fools who think its a quick fix to anything to bail them out of their losing positions should learn to take a look at a chart and see what the elimination of short selling has done for them... absolutely nothing.

    But they're the fools who bought stocks and houses at the top and now they want a whole basket of quick fixes... typical of this society and the number ONE reason we're in this nightmare.
    2008 Oct 02 12:30 PM | Link | Reply
  •  
    Sure, folks should have the right to purchase a number of protective puts matching their long position in a particular stock, but that's it.

    I encourage interested investors to contact their representatives and the SEC regarding continuing a short selling ban.

    Further, the SEC should publish shortsellers short lists under the freedom of information act and put a robust uptick law in place, now.
    2008 Oct 02 12:57 PM | Link | Reply
  •  
    wpdragon, If the gov't makes no distinction between the damaging potential of short sellers vis-a-vis naked shorts in banning them both, why should I have to be concerned with what is, perhaps, not much more than a semantic distinction?

    Both types of shorts are pernicious and create very negative financial 'karma' in the market and must be tightly regulated, if not outlawed, to create a positive, and growing, market.

    Enough of these negative types spreading rumors and hoping that particular stocks, and possibly the country, fail just to maximize their short returns.

    Yeah, I pissed off about what they've done.
    2008 Oct 02 01:05 PM | Link | Reply
  •  
    "Einhorn at Greenlight and others at similar firms colluded in spreading rumors, lies and innuendo. This will be borne out by SEC investigations that will result in many of these liars going straight to the federal pen."

    Wow, first off this guy has youtube videos making presentations to the public on why he's shorting stocks. I'm thinking the CEO's, CFO's Analysts and Assistant Analysts, Underwriting Staff at these banks should've applied more risk management in their models. These banks levered bets backed were all backed by a house of cards and illiquid insurance (swaps) backed by every other bank that was doing the same thing! It was a mess from the start, these public banks wouldn'tve done this if the owners/managers were playing with their own money don't you think.. I'm thinking hedge funds will just take over the role, and get big, merge and go public and the cycle will just happen again in 20 years. ???
    2008 Oct 02 01:39 PM | Link | Reply
  •  
    ha a little spelling problem there
    2008 Oct 02 01:40 PM | Link | Reply
  •  
    Short selling is being dealt with in the latest rescue version, perhaps incorrectly. But I reiterate wealth is created by work, period.
    2008 Oct 02 01:44 PM | Link | Reply
  •  
    What makes anyone think markets should be positive and growing? Markets are made up of stocks. Stocks should be valued based on two things: (1) the worth of their assets and (2) the present value of their future earnings. If either or both of these metrics goes down for a fairly priced stock, the price should go down. If they improve the price should go up. The fact that prices of stocks don't always reflect "fair value" creates opportunities for investors, both short and long. Manipulation of markets by spreading rumors or lies should be prosecuted as a criminal activity. Restricting the opportunity of investors to use their capital for investment (long or short) based on their individual assessment of value is counter-productive to creating proper "fair values".
    2008 Oct 02 01:45 PM | Link | Reply
  •  
    turkeyeyes, you are totally misguided and clueless... the government DOES know the difference between the two types of shorts, and it ISN'T an insignificant difference... fortunately for the markets, after this nightmare is over with you'll be bankrupted and out of the markets because of your ignorance and naivete.

    excellent posts by jlounsbury and distressed volatility, finally someone people who "get it".
    2008 Oct 02 01:58 PM | Link | Reply
  •  
    Let's have some discourse on just why the various countries have banned short-selling if it is so beneficial in terms of reduced volatility, establishing fair values, etc., etc.

    Anyone?
    2008 Oct 02 01:59 PM | Link | Reply
  •  
    semantics... karma... clueless nutjobs
    2008 Oct 02 01:59 PM | Link | Reply
  •  
    i don't understand what Thomas is trying to say....what's the gist? Is it greed was a strong factor in this market?
    2008 Oct 02 02:50 PM | Link | Reply
  •  
    Inverse Mutual Funds is this another name for "selling short" the market. It's basically betting that the market will fall down and profiting on the falling. Lots of really wealthy people and businesses are using Inverse Mutual Funds to profit on this market.
    2008 Oct 02 02:55 PM | Link | Reply
  •  
    If short-selling isn't detrimental, why this:
    news.yahoo.com/s/nm/20...
    2008 Oct 02 07:11 PM | Link | Reply
  •  
    Shorts are scum...
    2008 Oct 02 09:14 PM | Link | Reply