‘Jay-Z’ Slapped With SEC Court Order Over Securities Fraud Probe

Did the SEC just become Jay-Z’s 100th problem?

According to a press release published Thursday morning, the agency is seeking a court order to compel Sean Carter, the Brooklyn rapper better known as Jay-Z, to appear before a team of investigators who are looking into potential violations of federal securities laws by Iconix Brand Group Inc. The order was filed in the Southern District of New York.

The investigation is somehow related to Iconix’s decision to publicly announce a $169 million writedown of Rocawear in March 2016, then another $34 million writedown earlier this year. 

Back in 2007, Iconix paid Jay-Z more than $200 million to acquire the rights to Rocawear, according to the New York Times

Carter allegedly failed to comply with two subpoenas issued by the SEC, and has declined through his lawyer to provide any additional dates on which he will agree to appear.

* * *

Read the SEC release in full below:

The Securities and Exchange Commission has filed a subpoena enforcement action against Shawn Carter seeking an order directing him to comply with an investigative subpoena for his testimony.

According to the application and supporting papers, which were filed in federal court in the Southern District of New York, the SEC is investigating potential violations of the federal securities laws related to the financial reporting of New York-based Iconix Brand Group, Inc., which paid Carter more than $200 million to acquire intangible assets associated with Carter’s Rocawear apparel brand. After the acquisition, Carter and Iconix maintained publicly-disclosed partnerships related to the Rocawear brand.

In March 2016, Iconix publicly announced a $169 million write down of Rocawear, and in March of this year, Iconix announced a further write down of $34 million. The SEC’s application states that the Commission seeks Carter’s testimony to inquire about, among other things, Carter’s joint ventures with Iconix. The SEC initially issued a subpoena for Carter’s testimony on November 16, 2017. On February 23, 2018, after Carter retained new counsel, the SEC issued a second subpoena for Carter’s testimony. Carter failed to appear as required by the subpoenas and, through his counsel, Carter has declined to provide any additional dates on which he will agree to appear for investigative testimony.

As stated in the SEC’s application, a subpoena enforcement action is appropriate where the information sought from the witness is relevant to the investigation. The application does not reflect a determination by the SEC or its staff that Carter has violated provisions of the federal securities laws at issue in the investigation.

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Albert Edwards Spots The “Peak Bullshit” Indicator

In his latest note, SocGen’s Albert Edwards turns away from the big macro trends to look at two more pressing, market-driven phenomena, namely the ongoing surge in the US Dollar – or rather what’s behind it – and the threat of an imminent drop in Treasurys yields as the “global recovery” narrative ends with a bang, and then synthesizes it all by laying out his colorful description of last week’s WeWork junk bond travesty.

Edwards begins by echoing virtually every single sellside desk in recent weeks, by remarking that “the dollar’s surge is occupying investor attentions” and adds that after more than a year of ignoring widening interest rate differentials that favoured the dollar, “the market has reengaged.” 

Addressing rate differentials, Edwards picks up where his FX strategist colleague Kit Juckes leaves off every morning – and for much of the past year in sheer frustration – and notes that while for the first nine months of 2017, 2y interest rate differentials were becalmed and removed as a currency driver, “only in the final quarter of 2017 did the US 2y upward march resume, triggering a brief dollar rally (which aborted), but has now resumed in earnest.”

One of the key features of this rise has been the explicitly stated resolution of the Fed to stick to its tightening schedule, irrespective of the weakness in equity prices. For much of this tightening cycle, the 2y rate has been anchored close to the Fed Funds rate due to the market’s lack of conviction that the Fed would fulfill its tightening promises as represented in its dot chart.”

Adding to the differential story is the collapse and near flattening of the 2s10s, which indicates for most – except a few career Fed economists and macrotourists- that a sharp economic slowdown is imminent.

It is only from Q4 last year that the chart on the left above began to resemble a “normal” tightening cycle where the 2y elevates way above the Fed Funds rate until the curve totally flattens, just like the 1994 period on the right-hand chart above.

The second reason behind the dollar’s strength, according to the SocGen strategist, is simple extreme speculative positioning (or rather its unwind), which is traditionally seen traders as a contrary market indicator.

With extreme speculative bullishness on the dollar already in place at the start of  2017, the risk was that something would come along to cause skittish fast-money to reverse this positioning and drive the dollar lower. To be sure the dollar could have carried on advancing in 2017 (as the oil price has done recently despite huge bullish speculative positions), but it would be like walking up an increasingly steep, icy road where once you lose your footing you slide all the way back to the bottom of the hill.

Edwards here notes something we discussed on Saturday, and highlights that the current extreme bearishness in US Treasuries is one key reason why the 10y has struggled to break above 3% decisively the: quite simply, the fast money is already short.

One of the key reasons therefore that the dollar has now started to rally strongly is because of  the huge accumulation of long euro (short dollar) speculative positioning – a stark contrast compared to the start of 2017 (see l/h chart above). But that has been the case for a while, so what has caused the euro to stop rallying now and slip on the ice? I’ll return to that a bit later.

In addition to rate differentials and extreme positioning, there is a third, more direct factor behind the USD surge: good, old-fashioned economist strength, or rather weakness, in this case manifested by GDP surprises (to the downside).

Edwards contends that “it is economic surprises relative to expectations that drives the market, and it appears that investors just got too darn overoptimistic about the eurozone recovery” and here he proceeds to use one of our favorite charts that we trot out periodically: the Citigroup economic surprise index.

In the last couple of months the eurozone Citi Economic Surprises index has plunged, reversing the relative performance from last year that undermined the dollar. Squinting hard at the chart it is possible though to see an uptick in the eurozone economic surprises. Might this mark a loss of energy for the current dollar rally?

Putting it together, Edwards summarizes the reasons why the dollar has broken upwards in the past week is a combination of:

  1. interest rate differentials accelerating in favour of the dollar since Q4 last year,
  2. extreme bearish dollar positioning leaving the greenback vulnerable to a reversal in sentiment, and
  3. GDP growth surprises in favour of the eurozone abating

Of course, what happens to the dollar will, or should, have an instant bearing on US rates, and thus the 10Y yield. Addressing the possible future move of the 10Y Treasury, Edwards brings our attention to another positioning extreme (the same one noted earlier), namely the latest CFTC data showing extreme bearish positioning in the US 10y (see chart below).

Here’s Albert:

As we have said before on these pages, this is one of the reasons why 3% may be presenting such a difficult technical hurdle to vault. A chart from Kit shows speculator US 10y positioning relative to open interest (as opposed to the Counting Pips charts above which show the absolute number of contracts). This suggests a near term decline in 10y yields is far more likely from a technical perspective. Kit thinks that could limit the dollar’s immediate upward impetus

To be sure, one can do extensive positioning or fundamental analysis, or one can just do the opposite of what Gartman just did by going short Treausurys.

In any case, if the US rise in 10Y yields is almost over due to the above speculative excesses and the collapse in eurozone economic surprises recovers somewhat, we are left with two dollar bullish factors (instead of four). We are left, Edwards summarizes, “with the widening of the 2y spread and most importantly how quickly (if at all) extreme bearish dollar speculative positioning gets washed out the system.”

And of course overhanging all of this is how President Trump and the US authorities will react to the stronger dollar. I would expect some aggressive verbal intervention quite soon if the current strength continues. No-one wants an excessively strong currency.

In other words, the dollar surge may soon be over, but until then enjoy the ride. And speaking of the proverbial rides, Edwards notes that a similar possibility where the market has a lightbulb moment may lie in wait for corporate bond spreads that have so far resisted the rise in equity volatility. For an indication of this look no further than the recent junk bond travesty in the form of WeWork’s latest issuance:

And another straw in the wind may be the performance of a newly issued junk bond of a company called WeWork who have invented an entirely new, nonsense valuation metric – “community-” based EBITDA”!

In the context of WeWork, Edwards highlights a recent post by Michael Lewitt’s The Credit Strategist, who profiled the recently issued $700MM in WeWork B-rated junk bonds, which as we noted earlier in the week, in its prospectus included a wondrous new concept termed “community-based EBITDA” in its valuation metrics.

For those with long memories this is surely be reminiscent of that series of spurious valuation metric such as “price/eyeballs ratios” that we saw at the  peak of the 2000 tech bubble.

Michael writes, “This financial measure deserves its own place in the Bullshit Hall of Fame. The company defines “community-based EBITDA” in a painfully long footnote, but in plain English, it is earnings before interest, taxes, depreciation and amortization (i.e. conventionally-defined EBITDA) but also before other normal operating expenses such as marketing, general and administrative expenses, development and design costs. This is, not to put too fine a point on it, a joke. It is a disgrace that underwriters allow this type of nonsense to be included in a prospectus.” Well he’s a man who says what he thinks!

And some more:

Since Michael wrote the above, Zero Hedge has posted an update on how poorly the WeWork (re-christened WeCrash) bond has fared since launch.

So what is the link between the sudden move higher in the dollar, the imminent flush of excess Treasury shorts, and WeWork? Here is Edwards’ conclusion:

Maybe this is a sign that we have reached a moment, like 2000, where investors wake-up abruptly from their liquidity-induced slumber and realise they have inadvertently sleep-walked to the edge of an investment precipice. It was market indigestion such as this, with examples of the March 2000 flotation of lastminute.com, that marked the start of the tech crash.

Maybe investors will wake up and reappraise the grotesque corporate debt that has accumulated over the past decade and the corporate bond spreads shown on chart [below] will begin their long widening journey.

Maybe… or maybe, “investors” who these days are mostly algos, will assume once again that central banks will bail everyone out in the last minute – after all, why else inject $20 trillion liquidity in the system just to let it all go? As such the answer will come not from investors, but from Jerome Powell, whose new “Fed Put” strike price the market is actively trying to discover by sliding relentlessly every single day…

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End Government Handouts for Corn Farmers: New at Reason

Will President Donald Trump’s pledge to drain the swamp extend to ending or reforming the government mandate that requires most gasoline to be blended with ethanol? Unfortunately, writes Veronique de Rugy, Trump appears to be wobbling on the issue. He indicated a willingness to confront ethanol cronyism and was presented a slate of options by EPA chief Scott Pruitt but is reportedly backing off after facing pressure from the corn lobby.

View this article.

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Goldman Sachs Says Bitcoin “Is Not A Fraud,” Plans To Begin Trading Within Weeks

Authored by Wiliam Suberg via CoinTelegraph.com,

Goldman Sachs has said Bitcoin “is not a fraud” as it unveiled plans to buy and sell cryptocurrency, the New York Times reported May 2.

image courtesy of CoinTelegraph

In a move which sets the investment banking giant apart from its Wall Street competitors, Goldman will initially offer various contracts with Bitcoin exposure before rumoredly entering the trading arena.

Commenting on the decision, Rana Yared, an executive involved in creating the offerings, said the bank had been “inundated” with client requests.

“It resonates with us when a client says, ‘I want to hold Bitcoin or Bitcoin futures because I think it is an alternate store of value,’” she told the publication.

“…It is not a new risk that we don’t understand. It is just a heightened risk that we need to be extra aware of here.”

She added that Goldman “had concluded Bitcoin is not a fraud,” a poignant statement in an industry where competitor JPMorgan CEO Jamie Dimon’s infamous description of Bitcoin still resonates.

Nonetheless, even Goldman CEO Lloyd Blankfein publicly stated Bitcoin “is not for him” during its all-time price highs in December 2017, and Yared appeared quick to dispel any myths that the bank was a ‘Bitcoin believer.’

“I would not describe myself as a true believer who wakes up thinking Bitcoin will take over the world,” she added.

“For almost every person involved, there has been personal skepticism brought to the table.”

Justin Schmidt, left, who will run Goldman Sachs’s Bitcoin operation, with Marianna Lopert-Schaye, vice president of principal strategic investments, and Neema Raphael, who leads research and development.

Still, as The New York Times concludes, the suggestion that Goldman Sachs, among the most vaunted banks on Wall Street and a frequent target for criticism, would even consider trading Bitcoin would have been viewed as preposterous a few years ago, when Bitcoin was primarily known as a way to buy drugs online.

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Banks Bloodbath Into Red For 2018

“No brainer” bank stocks are being battered…

All the big banks are now in the red for 2018…

Maybe the Libor-OIS, credit/liquidity issues mattered after all…

As The S&P 500 Financials sector drops to five-month lows…

It seems a collapsing yield curve matters more than one-off tax-cut gimmicks and some deregulation after all.

 

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Bill Gross Throws In Towel On Bond Bear Market

It appears that Jeff Gundlach was right when he said, “Bill Gross Is Early” on his bond bear market call.

From Gundlach’s January DoubleLine Conference Call…

Reminding his audience of the rivalry between himself and Bill Gross, Gundlach disagreed with the former bond king, who made headlines today with his statement that the bond bull market is over, and said that “Gross is too early with his TSY bear market call.” What is the catalyst for Gundlach? As he explained, one “needs to see the 30Y at 2.99% or above for the trendline to break.

And now, Janus Henderson tweeted this…

Gross: There is a level on U.S. 10yr Tsys above which stocks and economy are negatively affected because corporations are highly levered. 3.25% is a close estimate. Expect a Hibernating Bond Bear Market for 2018: 2.80-3.25% range.

Following Bill Gross’ appearance on Bloomberg where he appears to throw in the towel – for 2018 at least – on the bond bear market.

As Bloomberg reports, billionaire bond investor Bill Gross now believes most of this year’s excitement in the Treasury market is behind us and yields won’t see a substantial move from here.

“Supply from the Treasury is a factor in addition to what the Fed might do in terms of a mild, bearish tone for U.S. Treasury bonds,” Gross told Bloomberg TV.

“I would expect the 10-year to basically meander around 2.80 to perhaps 3.10 or 3.15 for the balance of the year. It’s a hibernating bear market, which means the bear is awake but not really growling.”

 

Which leaves speculators with a record short position now wondering who will be the one holding the greatest fool bag by the end of the year…

 

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Saudi Arabia Needs $88 Oil

Authored by Nick Cunningham via OilPrice.com,

Higher oil prices have provided a boost to the economies of oil-exporting nations such as Saudi Arabia. But the economic risks going forward are “skewed to the downside,” the International Monetary Fund said in a new report, in which it urged Saudi Arabia and other oil exporters to press on with reforms.

Oil price volatility, trade tensions, geopolitical risk and a “sharp tightening of global financial conditions” are just a few of the potential pitfalls that lie ahead.

But the IMF paid extra attention to the debt levels of some oil producers. “The tightening of global financial conditions, if interest rates will continue to go up and liquidity will be less available, this will affect countries with a high level of debt — mainly oil importing countries where the average debt exceeds 80 percent (of gross domestic product),” Jihad Azour, director of the Middle East and Central Asia Department at the International Monetary Fund, told CNBC on Monday.

“Last but not least, some countries have succeeded in implementing reforms but what is important is to keep the momentum there and to address some of the structural issues,” Azour said.

He believes that the “region needs to create at least 25 million jobs for the young generation in the next five years”.

The IMF said that Saudi Arabia needs to continue “structural reforms,” largely referring to the Vision 2030 plan spearheaded by crown prince Mohammed bin Salman. New taxes, deficit reduction, labor market reforms and investments in non-oil sectors of the economy are crucial.

While the economies of oil exporters have improved as oil prices have jumped to a three-year high, economic growth “is projected to remain well below its pre-2014 oil shock levels,” the IMF said. High levels of debt will act as a drag on the economy, limiting the extent to which governments can spend to improve short-term demand.

And for Saudi Arabia, oil prices are still too low to fully balance the books. The IMF claims that the Kingdom needs about $88 per barrel to balance its budget, up sharply from $70 per barrel last year. The sudden jump in the fiscal breakeven price is the result of an increase in spending expectations.

Saudi Arabia’s GDP growth rate is expected to rise to 1.7 percent this year, after shrinking by 0.5 percent in 2017. But, as the IMF warns, the improved outlook is largely due to the uptick in government spending. “This expected acceleration in growth is not a free lunch – the government is picking up the bill,” said Ziad Daoud, chief Middle East economist for Bloomberg Economics. “The old model of an economy driven by government spending and financed by oil hasn’t really changed.”

Still, some are unmoved by the IMF’s warnings. Ellen R. Wald, an expert on the Saudi oil sector, wrote in Forbes last year – after a previous warning from the IMF – that the concerns are overblown. Saudi Arabia has plenty of cash reserves, Saudi Aramco has low production costs and the budget deficit has shrunk dramatically, she argued. And in any event, taking on debt is a normal thing that modern countries do.

Moody’s reaffirmed Saudi Arabia’s “A1” credit rating on Wednesday, noting that the economic outlook was “stable.”

While some dismiss the short-term concerns related to the Saudi budget deficit, the IMF’s concerns about diversifying away from oil over the long-term are legitimate.

Saudi officials shrugged off the warnings from the IMF. Saudi Arabia responded to the advice from the IMF by saying that the rise in oil prices won’t change the course that it has charted towards economic diversification. “Higher oil prices will only help reduce the deficit and build reserves, we will continue our reform,” Saudi finance minister Mohammed bin Abdullah Al-Jadaan told CNBC on Wednesday. “I assure you that there is a lot of excitement about reform and when you see results you get more energy to do more because you can see that it’s working and helping the economy,”.

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US Factory Orders Rebound In March But Core Shipments Plunge

Do you want the good news… or the bad news?

Good news is that US factory orders rose 1.6% MoM in March and were revised up toi a 1.6% MoM rise in February, bouncing back from an ugly January. This implies an 8/1% YoY rise in factory orders…

 

 

Bad news is that the final revisions to durable goods data for March show core shipments crashing most since May 2016…

 

So you decide – glass half full, glass half empty, or glass smashed on the floor’s reality of a collapsing China credit impulse?

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How a San Francisco Beach Burn Set the World Aflame

This article originally appeared in the Los Angeles Times.

When Larry Harvey, who died Saturday at age 70, first burned a stick effigy of a man on Baker Beach in San Francisco in 1986, he was impressed that a small public act would capture the attention of strangers. It inspired a woman to walk up and touch the torched figure; it inspired another onlooker to compose a song on the spot. It had unexpected, unifying meaning.

Harvey made that act into a yearly ritual, a response to his own yearning for the unexpected and the unifying, and it came to be called Burning Man. The crowds that wanted to interact with the burning of an effigy increased over three decades to more than 70,000. That small bonfire morphed, without planning and without any single obvious reason, into one of California’s most significant contributions to American and world culture.

By 1990, Harvey’s Burning Man ritual had outgrown San Francisco and relocated to Nevada’s capacious Black Rock Desert, where it still unfolds, over a week of collective creation, at summer’s end. The tickets quickly sell out, even though the price of admittance (most tickets are $425), requires you to drag yourself to a faraway, desolate space, prone to brutal heat and destructive dust-storm winds, with no services provided besides porta-johns, where the collective you is essentially responsible for your own entertainment.

Burning Man melds aspects of two characteristically Californian institutions: the theme park and the cult, with a unique take on both.

The gathering is an elaborate and magical Disneyland whose attractions are interactive art and performances created by the paying customers, a spectacular explosion of “maker culture.” As for its cultlike properties, Harvey was sometimes painted as a quasi-guru to a flock of “Burners,” and he did believe Burning Man should and would change the larger culture around it.

But Harvey intelligently steered Burning Man’s “meaning” with a light hand. In later years, he promulgated a set of “10 principles” that suggested how best to contribute to the communal creation of a fully functioning Black Rock city, dedicated to art, that also disappeared itself in a week: Radical self-expression. No commerce. Absolute self-reliance. Immediacy. Participation. He wasn’t delivering commandments as much as reflecting back the ideas that Burning Man cultivated.

One of Harvey’s key principles was inclusion: Try not to make anyone feel unwelcome. As Burning Man caught on, its aficionados had to decide whether to zealously preserve it as they first experienced it, or bow to that welcoming spirit, embracing more and more adherents of every background, opening it to influences beyond its original Bay Area bohemian roots. Harvey decided locking down the experience would betray its truest essence.

As the ’90s progressed Burning Man evolved alongside, and became a key barometer of cool in, the digital business culture of the Bay Area. Google’s founders used the Burning Man icon as the very first Google doodle; Elon Musk once said no one can understand Silicon Valley if they haven’t been to Burning Man.

Burning Man also captured a wide range of Los Angeles creatives — the “Burning Man episode” has become a near-cliché in TV sitcoms (“The Simpsons,” “Malcolm in the Middle,” “Crazy Ex-Girlfriend”). The look of Burning Man, its setting and finery, are advertising and fashion industry mainstays.

“Transformational festivals” openly aligned with or clearly inspired by Burning Man now happen in Texas, Florida, Missouri and many other places across the United States and the world. The month before Harvey died, Burning Man’s unique style of public interactive sculptural art — often relying heavily on light, fire and motion — was honored with an exhibition at the Smithsonian American Art Museum in Washington.

Participating in Harvey’s ritual has become a key marker of identity for tens of thousands of participants. Burning Man creates cultural effects the way mountains create weather. That didn’t happen because of commandments or a guru’s charisma: It grew from the experience itself.

Harvey saw Burning Man, he once told me, as a solution to “the quiet desperation Thoreau wrote of,” a space where people could discover “what they were meant to do with the transcendent faith that they were meant to do that something,” free of “judgments governed by the world’s standards.” The event Harvey launched injected a fresh ritual into American life, with new standards of fellowship and communal real-time culture-making. As he recognized, we needed it. We still do.

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“Input Costs Are Soaring” – ISM/PMI Surveys Signal Mixed Growth, Spiking Prices

Following the mixed (PMI up, ISM down) message from Manufacturing, the Services sector was just as mixed (PMI up, ISM down). However, one message is clear from all the surveys – prices are rising… fast!

Markit’s Services PMI showed a bounce as business confidence jumped to its highest since May 2015.

ISM‘s Services survey disappointed, dropping to 56.8 from 58.8.

 

Under the hood, ISM Services data was mixed too… new orders up, business activity and employment fell… and prices paid continued to rise.

Commenting on the Composite PMI data’s modest rise, Chris Williamson, Chief Business Economist at IHS Markit said:

“The improved service sector performance comes on the heels of news of faster manufacturing growth, pointing to a welcome broad-based strengthening of the economy at the start of the second quarter.

As such, the data support the view that second quarter GDP growth will come in stronger than the 2.3% rate seen at the start of the year.

“The two surveys also collectively point to another month of solid job gains, commensurate with the official measure of non-farm payrolls rising by approximately 200,000 in April.”

Finally, Williamson notes that perhaps the most important development, however, is the upturn in price pressures.

“Survey evidence indicates that rising demand has allowed increasing numbers of companies to raise prices for both goods and services in recent months. Higher oil prices are also pushing up costs. Measured across both manufacturing and services, input costs are rising at the fastest rate since 2013, which will inevitably put greater pressure on consumer prices in coming months, all of which makes for a hawkish policy outlook.”

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