Tesla Stock Jumps After-Hours On News That Board To Meet Advisers

And the farce goes on…

Tesla stock is trading higher after hours following reports from CNBC that the board of directors of the carmaker plan to meet with financial advisors next week to formalize a process to explore CEO Elon Musk’s offer to take the company private.

In additional reporting they note that the board is likely to tell Musk to recuse himself as the company prepares to review his proposal.

Taking the company private at $420 a share would value it around $71 billion.

A Barclays note said such a buyout would require about $70 billion: roughly $60 billion for equity and about $10 billion to take out debt. The note said, “With 145 million shares, a buyout at $420/share would require $60 billion to take out all public shareholders. Even with the Saudi fund taking a 3 percent to 5 percent stake, that leaves a large funding gap. And credit markets may not be that receptive.

Such a deal would represent the largest leveraged buyout in history, surpassing the $45 billion acquisition of the Texas energy giant TXU (Energy Future Holdings) in 2007, which eventually went bankrupt.

Infographic: Potential Tesla Buyout Would Be The Largest Ever | Statista

You will find more infographics at Statista

The Board has reportedly told Musk he needs his own separate set of advisers.

 

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Trump Administration Presses Ahead With Space Force His Own Defense Advisers Say Is a Terrible Idea

The Trump Administration is throwing its full faith and credit behind the idea of creating an honest-to-God, no-holds-barred Space Force. Seriously.

On Thursday morning Vice President Mike Pence addressed a crowd of senior military officials at the Pentagon where he called for creating a Space Force as a sixth co-equal branch of the military by 2020.

“It’s not enough to have an American presence in space. We must have American dominance in space,” said Pence, declaring that a new Space Force would be able to respond to growing security threats presented by Russia and China’s own space capabilities, and “carry the cause of liberty and peace into the next great American frontier.”

According to a plan outlined by Pence, this would happen in stages. First, the administration would create a new Space Command—similar to the military’s current Cyber or Special Operations Command—by the end of the year. This would be followed by the training of “elite war fighters specializing in the domain of space”, the creation of a new assistant secretary of defense position to oversee those elite space warriors, and a new Space Development Agency which would purchase new satellites and space-related equipment without the current “duplicative bureaucracy and red tape.”

Pending authorization from Congress, these would all be folded into a full-fledge Space Force within two years.

Should Trump proceed with this plan of action he would be creating the first new military branch since the Air Force was spun off from the Army in 1947. He would also be acting against the advice of his own defense chiefs who’ve explicitly and publicly criticized the idea of a Space Force as unnecessary, inefficient, and ultimately counterproductive to the military’s space operations.

When plans for a mere Space Corps subordinate to the Air Force were being floated as part of the 2018 National Defense Authorization Act, Defense Secretary James Mattis came out strongly and publicly against the idea.

“At a time when we are trying to integrate the [Defense] Department’s joint warfighting functions, I do not wish to add a separate service that would likely present a narrower and even parochial approach to space operations,” said Mattis in a July 2017 letter to Rep. Mike Turner (R–Ohio).

Much the same was said by Trump’s Secretary of the Air Force Heather Wilson.

“This will make it more complex, add more boxes to the organization chart, and cost more money,” said Wilson of the same proposal in June 2017. “I don’t need another chief of staff and another six deputy chiefs of staff.”

As Trump’s enthusiasm for a Space Force has grown, however, both Mattis and Wilson have muted or retracted their opposition. Yet their criticisms still stand.

It is not like the U.S. military has no space operations currently. The U.S. already has the largest constellation of military satellites in the world—159 according to the Union of Concerned Scientists, compared to 75 for Russian and 35 for China. The Air Force, the service which handles most of the military’s current space operations, spends some $8.5 billion a year on space-related endeavors, and plans to invest another $44.3 billion in space systems over the next five years.

That’s a staggering amount of money, and it would only grow with the creation of a new Space Force. Given that the Defense Department already wastes $125 billion on administrative inefficiencies a year—inefficiencies that folks like Mattis and Wilson warn will only be exacerbated with the addition of a new military branch—there is a high chance that taxpayers would get little return on the creation of a separate Space Force.

This says nothing of the mission creep that would inevitably follow. Without a single branch dedicated to militarizing space, the current branches have to make trade offs between how much they prioritize space over other land, sea, and air operations.

That’s ultimately a good thing, as it constrains the time and energy the government can put toward expanding the reach of an already overpowered, oversized military. A new Space Force, by contrast, would have every incentive to hype any potential space-related threats in the pursuit of more funding, more influence, and more power.

Not only would that impose a burden on taxpayers—who already shell out some $700 billion a year for the largest military on the planet—it could also crowd out investment in the peaceful, private exploration of space.

A huge new military bureaucracy dedicated to space would inevitably have to draw from the same talent pools that our burgeoning private space industry does. Every engineer, scientist, or pilot recruited into the Space Force means one fewer civilian figuring out how to send tourists to low earth orbit, to create research bases on Mars, or to set up strip mines on the moon.

That would be a real loss for those who believe the U.S. is already too involved in terrestrial conflicts, and who have looked forward to the freedom-enhancing potential of private space exploration.

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Bankrupt America: A Fragile Nation Grappling With Unprecedented Debt Problems

Authored by Michael Snyder via The Economic Collapse blog,

America, you officially have a debt problem, and I am not just talking about the national debt. 

Consumer bankruptcies are surging, corporate debt has doubled since the last financial crisis, state and local government debt loads have never been higher, and the federal government has been adding more than a trillion dollars a year to the federal debt ever since Barack Obama entered the White House. 

We have been on the greatest debt binge in human history, and it has enabled us to enjoy our ridiculously high standard of living for far longer than we deserved.  Many of us have been sounding the alarm about our debt problem for a very long time, but now even the mainstream news is freaking out about it.  I have a feeling that they just want something else to hammer President Trump over the head with, but they are actually speaking the truth when they say that we are facing an unprecedented debt crisis.

For example, the New York Times just published a piece that discussed the fact that the bankruptcy rate among retirees is about three times higher than it was in 1991…

For a rapidly growing share of older Americans, traditional ideas about life in retirement are being upended by a dismal reality: bankruptcy.

The signs of potential trouble — vanishing pensions, soaring medical expenses, inadequate savings — have been building for years. Now, new research sheds light on the scope of the problem: The rate of people 65 and older filing for bankruptcy is three times what it was in 1991, the study found, and the same group accounts for a far greater share of all filers.

Infographic: Bankruptcy Surging Among Older Americans | Statista

You will find more infographics at Statista

Overall, Baby Boomers are doing a whole lot better financially than the generations coming after them, and so this is very troubling news.

And here is another very troubling fact from that same article

Not only are more older people seeking relief through bankruptcy, but they also represent a widening slice of all filers: 12.2 percent of filers are now 65 or older, up from 2.1 percent in 1991.

The jump is so pronounced, the study says, that the aging of the baby boom generation cannot explain it.

Of course it isn’t just Baby Boomers that are drowning in debt.

Collectively, U.S. households are 13.15 trillion dollars in debt, which is the highest level in American history.

All over the nation, companies are also going bankrupt at a staggering pace.  This week we learned that the biggest mattress retailer in the entire country “Is considering a potential bankruptcy filing”

Mattress Firm Inc, the largest U.S. mattress retailer, is considering a potential bankruptcy filing as it seeks ways to get out of costly store leases and shut some of its 3,000 locations that are losing money, people familiar with the matter said.

Mattress Firm’s deliberations offer the latest example of a U.S. brick-and-mortar retailer struggling financially amid competition from e-commerce firms such as Amazon.com Inc (AMZN.O).

We have seen retailer after retailer go down, and it is being projected that this will be the worst year for retail store closings ever.

But it isn’t just retailers that are hurting.  Yesterday, I came across an article about a television manufacturer in South Carolina that just had to lay off “94 percent of their workforce”

A TV manufacturer based in South Carolina have blamed Trump’s trade tariffs for laying off 94 percent of their workforce.

Element Electronics now has just eight employees in their company after letting 126 members of staff go.

They said the tariffs imposed on goods from China mean they can no longer buy essential components for their TVs.

During this next economic downturn, I believe that we are going to see the biggest wave of corporate bankruptcies that this country has ever seen.

State and local governments don’t go bankrupt, but they are drowning in debt as well.  State and local government debt has ballooned to the highest levels on record in recent years, and one of the big reasons for this is because we are facing a coming pension crisis that threatens to absolutely overwhelm us

Many cities and states can no longer afford the unsustainable retirement promises made to millions of public workers over many years. By one estimate they are short $5 trillion, an amount that is roughly equal to the output of the world’s third-largest economy.

Certain pension funds face the prospect of insolvency unless governments increase taxes, divert funds or persuade workers to relinquish money they are owed. It is increasingly likely that retirees, as well as new workers, will be forced to take deeper benefit cuts.

Meanwhile, the federal government continues to engage in incredibly reckless financial behavior.  When Barack Obama was elected, we were 10 trillion dollars in debt, and now we are 21 trillion dollars in debt.

What that means is that we have been adding more than a trillion dollars to the national debt per year since 2008, and we continue to steal more than 100 million dollars every single hour of every single day from future generations of Americans.

And even though the Republicans have been in control in Washington, very few of our leaders seem to want to alter the trajectory that we are on.  But if something is not done, absolute disaster is a certainty.  At this point, it is being projected that our debt will reach 30 trillion dollars by 2028 if we stay on this current path.  It would be difficult to overstate the grave danger that we are facing, but nothing is being done to turn things around.  Here are some more projections from the Congressional Budget Office

In 2022, the Highway Trust Fund will run out of full funding. In 2026, the Medicare Hospital Insurance Trust Fund follows. In 2032, the Social Security trust fund surpluses run dry, and all beneficiaries regardless of age or income level will face a 21 percent across-the-board benefit cut. Before 2030, we could have trillion-dollar annual interest payments. Interest rates have been low until now, but that is changing. As rates go up, we have to pay more on new debt and on all accumulated debt.

The amount we pay in interest on the debt is set to triple over the next ten years. But if interest rates rise just 1 point higher than expected, the government will owe an extra $1.9 trillion over 10 years.

On top of everything else, everyone else around the world has been on a massive debt binge as well.

Total global debt is well above 200 trillion dollars, and it has nearly quadrupled over the past 17 years.

Are you starting to understand why they call this a “debt bubble”?

Unfortunately, all debt bubbles must burst eventually, and the one that we are in right now is definitely on borrowed time.

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Overstock.com Soars After Its Blockchain Sub Gets PE Investment At $1.5BN Valuation

Online retailer Overstock reported results which, unlike its much more famous and infinitely bigger online retailing peer Amazon, were nothing special: the company reported Q2 revenues of $483 million, generating a net loss for the quarter of $2.20 on a gross margin of 19% in the quarter.

But the company’s earnings were not the reason why OSTK shares soared as much as 25% after hours: the reason was the surprising announcement by the company that Hong Kong-based private-equity firm GSR Capital had agreed to invest as much as $375 MM in exchange for equity in the retailer and, more importantly, its tZero blockchain subsidiary, which as a reminder capitalized on the cryptocurrency craze in late 2017 and concluded an Initial Coin Offering on December 18, 2017, almost to the day when Bitcoin hit an all time high of just under $20,000.

As Overstock announced in its press release, GSR agreed to:

  • i) buy $30MM in tZero tokens,
  • ii) buy up to 3.1MM shares of OSTK for $104 million (a 5% discount to the Aug. 1 closing price of $33.72),
  • iii) invest as much as $270MM for up to 18% of tZero’s equity at a whopping post-money valuation of $1.5 Billion.

And since Overstock’s market cap as of Thursday’s close was just over $1.1 billion, this means that with one term sheet, the company’s tZero sub is suddenly worth more than the entire parent company. More importantly, the GSR transaction will boost the company’s cash and equivalent holdings to over half a billion dollars.

Overstock.com CEO Patrick Byrne

Some more details from Byrne:

Having concluded its Security Token offering, tZERO has raised aggregate consideration of $134 million. This figured includes $30 million from repayment of intercompany debt between tZERO and Overstock. GSR has signed a repurchase agreement to acquire these tokens. As I will diagram in our earnings call, we have designed quite an ecosystem with a scale that matches the enormous opportunity in front of it. When GSR completes its planned investments, we should have over half-a-billion dollars. We believe this will provide ample capitalization with which to build a company that can upend global capital markets.

Back in December, when Overstock launched its tZero ICO, it said that it was hoping to raise at least $250 million – and as much as $500 million – “to build out a blockchain system that the firm said would allow it to create an exchange to trade blockchain-based assets, like ICOs.” In the end it raised aggregated funds of just approximately $134 million, and today’s transactions adds to that and enables CEO Patrick Byrne to pursue his Security Token ambitions.

As a result of the deal, OSTK stock has jumped and was trading as high as $46/share after hours.

Even with the surge however, the stock remains well below its highs hit in late 2017 and early 2018, when its share price more than doubled to a high of $86.90 in January, due to its blockchain investments rather than its online retailing activities, which have seen it categorised as a cryptocurrency “play.”

Overstock has been one of the few retailers that has aggressively pursued cryptos as both a method of payment and as a means by which to grew the company with its own unique token. As we reported recently, following a burst of adoption of cryptos by various vendors, as the price of bitcoin has tumbled in 2018, so has the rate of adoption. Which is why Overstock’s experiment with cryptos and tokens will be closely watched to determine if the digital currency has any chance of becoming useful in practice instead of just in theory.

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Arkansas Judge Sued Over Ruthless Cycle of Jailing of Those Who Can’t Pay Fines for Minor Crimes

Prison cellsA lawsuit filed Thursday accuses an Arkansas judge of running an unconstitutional debtor’s prison, locking up defendants for low-level misdemeanor crimes, and suspending their driver’s licenses unless they fork over thousands in fines, even if they’re poor or unemployed.

The Lawyers’ Committee for Civil Rights Under Law has filed a class action suit representing six named clients and others against Arkansas state District Judge Mark Derrick, accusing him of violating citizens’ rights by locking them up in White County because of their inability to pay court-imposed costs and fees. Derrick oversees eight low-level courts in different towns in White County (population: 79,000) and two in nearby Prairie County. These district courts handle non-jury cases like traffic and contempt proceedings. Judges are elected to four-year terms.

The lawsuit describes Derrick’s practices as among “the most extreme” among judges who do whatever they can to extract fines from defendants:

Judge Derrick routinely levies substantial fines, fees and costs against persons convicted of even the most minor infractions, and requires them to pay monthly amounts of at least $100, and sometimes several hundred dollars, towards court-imposed debt. If they fail to pay this amount in full, he subjects them to arrest, driver’s license suspension, and incarceration, as well as an additional $450 to $670 in fines and costs. He imposes these punishments without conducting any inquiry—let alone an adequate one—into the person’s ability to pay or the reasons for non-payment.

It’s important to note here that Derrick is handling misdemeanors, not felonies. He’s accused of imposing 30-day sentences for missing payments for fines for very low-level crimes. In fact, the lawsuit notes that these sentences are frequently twice the length of the sentences for the most serious of misdemeanors under state law. Defendants in his courtrooms are being punished more harshly for missing payments than for the underlying crimes. And the lawsuit notes that once somebody gets caught up in this cycle of missing payments, their jail time is not credited against this debt. The jail time is in addition to the debt imposed.

The 50-page lawsuit is full of horror stories of poor people stuck in this brutal cycle. One plaintiff, Kimberly Snodgrass, has been convicted by Derrick 10 separate times solely for her failure to pay fines. She has spent a third of her days since 2014 in jail because of these compliance issues and payment issues, not because she’s committing new crimes. The lawsuit claims she’s been kicked out of her place of residence four separate times because of these jailings. And because Derrick also suspended her driver’s license (which itself demands a fee to restore), she has a hard time maintaining a job. She owes the courts $500 a month for various fines and fees. If she fails to pay a single cent of that she faces a new warrant and more jail time.

Meanwhile, Christopher Snodgrass, the father of two children with Kimberly, has accumulated $5,000 in debt mostly due to traffic charges. He’s had his driver’s license suspended at least five times by Derrick over the past four years.

Dazarious Braggs owes $300 a month solely due to traffic charges. He ended up arrested on a “failure to appear” warrant for a court date he said he had never received. Defendants saying they’ve never received a court date is a recurring theme in this lawsuit, and one section of the complaint is devoted to criticizing the poor record-keeping of Derrick’s courts. Braggs was jailed for three weeks because he couldn’t afford bail of $1,120. His family eventually bailed him out with the money they got from a tax refund. Then the failure to appear charge was dropped.

Oh, and about the cash bail: Derrick’s courts offer a terrible twist on the narrative about problems with our judiciary’s pretrial detention and release system. According to the lawsuit, Derrick wouldn’t allow defendants to go through bondsmen to get released by paying only a portion of the bail and promising to show for court. They had to pay it all up front to get out.

That defendants couldn’t get out on just a percentage of the bail demand matters because Derrick runs several courts and in some of the smaller courts, he appears only once per month to hear cases. This means that if you get arrested on one of these warrants and can’t afford cash bail, you can end up serving your whole sentence while waiting to enter your initial plea. Two of the plaintiffs in the case were detained for weeks on “failure to appear” charges for which they were ultimately not convicted.

These plaintiffs, and others, are “trapped in a vicious cycle of repetitive court proceedings, subject to incarceration and perpetual debt,” explained Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, in a press call. “These people have lost homes, jobs, cars, and custody of children…. This is nothing short of a moral failing of the court.”

This not the Lawyers’ Committee’s first lawsuit over this mechanism of incarceration. The group previously represented plaintiffs in their suit against the criminal courts in New Orleans for using fines and fees as a revenue source, backed by the threat of incarceration for those who couldn’t pay. Last week a federal judge ruled that that court’s behavior was unconstitutional. Asked by Reason whether the organization believed similar revenue generation was driving Judge Derrick’s actions, Clarke said they would be investigating how much money his courts received from all these fines.

The new lawsuit, filed in the circuit court of Pulaski County in Arkansas, is asking the court to find that Derrick’s practice of loading up misdemeanor defendants with fines and then jailing them and suspending their licenses—all without any sort of prior determination of whether they could actually pay—is a violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

A clerk at Derrick’s court in Beebe, Arkansas, said he was unavailable Thursday and that nobody was currently able to answer questions about the lawsuit.

The lawsuit can be read here.

Bonus link: In 2015 Judge Derrick was attacked by a zebra, owned by his father.

Bonus link II: I’ve put together a proposal for a panel at 2019’s South by Southwest conference in Austin, Texas, about the bail reform movement. Check it out and vote for us!

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8 Measures Say A Crash Is Coming, Here’s How To Time It

Authored by Lance Roberts via RealInvestmentAdvice.com,

Mark Hulbert recently penned a very good article discussing the “Eight Best Predictors Of The Stock Market,” to wit:

“The stock market’s return over the next decade is likely to be well below historical norms.

That is the unanimous conclusion of eight stock-market indicators with what I consider the most impressive track records over the past six decades. The only real difference between them is the extent of their bearishness.

To illustrate the bearish story told by each of these indicators, consider the projected 10-year returns to which these indicators’ current levels translate. The most bearish projection of any of them was that the S&P 500 would produce a 10-year total return of 3.9 percentage points annualized below inflation. The most bullish was 3.6 points above inflation.

The most accurate of the indicators I studied was created by the anonymous author of the blog Philosophical Economics. It is now as bearish as it was right before the 2008 financial crisis, projecting an inflation-adjusted S&P 500 total return of just 0.8 percentage point above inflation. Ten-year Treasuries can promise you that return with far less risk.”

Here is one of the eight indicators, a chart of Livermore’s Equity-Q Ratio which is essentially household’s equity allocation to net worth:

The other seven are as follows:

As Hulbert states:

“According to various tests of statistical significance, each of these indicators’ track records is significant at the 95% confidence level that statisticians often use when assessing whether a pattern is genuine.

However, the differences between the R-squared of the top four or five indicators I studied probably aren’t statistically significant, I was told by Prof. Shiller. That means you’re overreaching if you argue that you should pay more attention to, say, the average household equity allocation than the price/sales ratio.”

As I discussed in “Valuation Measures and Forward Returns:”

“No matter, how many valuation measures I use, the message remains the same. From current valuation levels, the expected rate of return for investors over the next decade will be low.”

This is shown in the chart below, courtesy of Michael Lebowitz, which shows the standard deviation from the long-term mean of the “Buffett Indicator,” or market capitalization to GDP, Tobin’s Q, and Shiller’s CAPE compared to forward real total returns over the next 10-years. Michael will go into more detail on this graph and what it means for asset allocation in the coming weeks.

The Problem With Valuation Measures

First, let me explain what “low forward returns” does and does not mean.

  • It does NOT mean the stock market will have annual rates of return of sub-3% each year over the next 10-years.

  • It DOES mean the stock market will have stellar gains in some years, a big crash somewhere in between, or several smaller ones, and the average return over the decade will be low. 

This is shown in the table and chart below which compares a 7% annual return (as often promised) to a series of positive returns with a loss, or two, along the way. (Note: the annual average return without the crashes is 7% annually also.)

From current valuation levels, two-percent forward rates of return are a real possibility. As shown, all it takes is a correction, or crash, along the way to make it a reality.

The problem with using valuation measures, as Mark Hulbert discusses, is that there can be a long period between a valuation warning and a market correction. This was a point made by Eddy Elfenbein from Crossing Wall Street:

“For the record, I’m a bit skeptical of these metrics. Sure, they’re interesting to look at, but I try to place them within a larger framework.

It’s not terribly hard to find a measure that shows an overvalued market and then use a long time period to show the market has performed below average during your defined overvalued period. That’s easy.

The difficulty is in timing the market.

Even if you know the market is overpriced, that doesn’t tell you much about how to invest today.”

He is correct.

So, if valuation measures tell you a problem is coming, but don’t tell you what to do, then Wall Street’s answer is simply to “do nothing.” After all, you will eventually recover the losses….right?

However, getting back to even and actually reaching your financial goals are two entirely different things as we discussed recently in “Crashes Matter.”

There is an important point to be made here. The old axioms of “time in the market” and the “power of compounding” are true, but they are only true as long as the principal value is not destroyed along the way. The destruction of the principal destroys both “time” and “the magic of compounding.”

Or more simply put – “getting back to even” is not the same as “growing.”

Is there a solution?

Linking Fundamentals To Technicals

I have often discussed an important point in reference to our portfolio management process:

“Fundamentals tell us ‘what’ to buy or sell, technicals tell us the ‘when.’”

Fundamentals are a long-term view on an investment. From these fundamental underpinnings, we can assess and assign a “valuation” to an investment to determine whether it is over or undervalued. Of course, in the famous words of Warren Buffett:

“Price is what you pay. Value is what you get.” 

In the financial markets, however, psychology can drive prices farther, and further, than logic would dictate. But such is the nature of every stage of a bull market cycle where the “momentum” chase, or rather the physical manifestation of “greed,” comes to life. This is also the point where statements such as “this time is different,” “fundamentals have changed,” or a variety of other excuses, are used to justify rampant speculation in the markets.

Despite the detachment from valuations, as markets continue to escalate higher, the fundamental warnings are readily dismissed in exchange for any data point which supports the bullish bias.

Eventually, it has always come to a rather ignominious ending.

But why does it have to be one or the other?

Currently, the Equity Q-ratio, as graphed above, is at levels that have historically denoted very poor future returns for investors. In other words, if you went to cash today, it is quite likely that over the next 10-years the value of your portfolio would be roughly the same. 

However, before that “mean reverting event” occurs the market will most likely continue to advance. So, there you are, sitting on the sidelines waiting for the crash.

“Damn it, I am missing out. I should have just stayed in.” 

The feeling of “missing out” can be overpowering as the momentum driven market rises. Like gravity, the more the market rises, the greater the pull to “jump back in” becomes. Eventually, and typically near the peak of the market cycle, investors capitulate to the pressure.

Understanding that price is a reflection of short-term market psychology, the trend of prices can give us some clue as to the direction of the market. As the old saying goes:

“The trend is your friend, until it isn’t.” 

While the Equity Q-ratio implies low forward returns, technical analysis can give us the “timing” as to when “psychology” has begun to align with the underlying “fundamentals.”.

In the chart below we have added vertical “gold” bars which denote when negative price changes warrant reducing equity risk in portfolios. (The chart uses quarterly data and triggers a signal when the 6-month moving average crosses the 2-year moving average.)

Since 1951, this “equity reduction” signal has only occurred 17-times. Yes, since these are long-term quarterly moving averages, investors would not have necessarily “top ticked” and sold at the peak, nor would they have bought the absolute bottoms. However, they would have succeeded in avoiding much of the capital destruction of the declines and garnered most of the gains.

The last time the Equity-Q ratio was above 40% was during the late 2015/2016 correction and the technical signal warned that a reduction of risk was warranted.

The mistake most investors make is not getting “back in” when the signal reverses. The value of technical analysis is providing a glimpse into the “stampede of the herd.” When the psychology is overwhelmingly bullish, investors should be primarily allocated towards equity risk. When its not, equity risk should be greatly reduced.

Unfortunately, investors tend to not heed signals at market peaks because the belief is that stocks can only go up from here. At bottoms, investors fail to “buy” as the overriding belief is the market is heading towards zero.

In a recent post, It’s Not Too Early To Be Late, Michael Lebowitz showed the historical pain investors suffered by exiting a raging bull market too early. However, he also showed that those who exited markets three years prior to peaks, when valuations were similar to today’s, profited in the long-run.

While technical analysis can provide timely and useful information for investors, it is our “behavioral issues” which lead to underperformance over time.

Currently, with the Equity Q-ratio pushing the 3rd highest level in history, investors should be very concerned about forward returns. However, with the technical trends currently “bullish,” equity exposure should remain near target levels for now.

That is until the trend changes.

When the next long-term technical “sell signal” is registered, investors should consider heeding the warnings.

Yes, even with this, you may still “leave the party” a little early.

But such is always better than getting trapped in rush for the exits when the cops arrive.

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Extending Last Year’s Tax Cuts Without Massive Spending Reductions Would Be a Fiscal Disaster

Republicans in Congress are reportedly mulling a proposal to make permanent the tax cuts passed last year, with some members of the House GOP pushing for the passage of what’s been called “Tax Reform 2.0” as soon as next month.

Currently, the lower individual and corporate income tax rates established by the Tax Cuts and Jobs Act of 2017 would expire in 2025. Extending them, according to a newly released analysis from the Congressional Budget Office (CBO) would cause the already terrifying trajectory of America’s national debt to spike even higher over the coming decades—potentially doubling the size of the entire economy before 2050.

Under this so-called alternative fiscal scenario, current spending plans would remain unaltered but future tax revenues would be reduced by the permanent extension of the tax cuts. With the gap between revenue and spending already on pace to hit $1 trillion annually within a few years, it’s not hard to see how reducing future tax revenue—without a commitment to seriously curb spending—could cause the debt to skyrocket.

At present, the national debt is expected to bump up against the record of 106 percent of GDP (a level reached at the height of World War II) sometime in the late-2030s. Extending the tax cuts without cutting spending would see that mark eclipsed by 2029, the CBO says.

“Lawmakers should not accept ever-growing federal debt as a share of the economy, nor make it worse by continuing deficit-increasing policies,” advises the Committee for a Responsible Federal Budget, a nonpartisan think tank that favors balanced budgets. “They should take steps to slow and reverse its growth.”

Instead, the CBO projections show the exact opposite happening, as the growth of the national debt is set to accelerate over the next decade.

Congressional Republicans never really intended for last year’s tax cuts to expire, something that Speaker of the House Paul Ryan (R-Wis.) admitted even as the tax bill was still being debated.

“Those are sunsets that will never occur, we don’t believe will ever occur, we don’t intend to ever occur,” he told the The Washington Examiner last year, adding that the temporary nature of several key elements of the GOP tax plan was meant to satisfy Senate rules that limit the extent to which bills can affect the long-term deficit.

Though Ryan was, in that instance, talking about a handful of tax credits—including one that rewards parents simply for having children—the same general logic applied to other parts of the tax bill, including the rate cuts for individuals and corporations. The lower rates passed by Congress last year are technically scheduled to reset to their previous, higher levels in 2025. Those expiration dates allow projections of the cost of the tax bill to appear lower because they took into account additional revenue from after the expiration dates.

Those gimmicks allowed Republicans to make the tax cuts look less bad for the deficit—though the bill was still projected to add at least $1.5 trillion to the deficit over the next decade.

Even if Congress allows the tax cuts to expire, as the CBO expects in its “current law” projection, the national debt is expected to spiral in future years without a serious effort at cutting spending. Things get really ugly in the alternative scenario, which envisions a future where Congress allows not only the tax cuts to expire, but also extends other planned tax breaks (including the politically popular tax break for parents) and permanently repeals some health care taxes tied to the Affordable Care Act.

This alternative future—one that actually seems more likely in many ways than the “current law” projection that relies on Congress making several sure-to-be-unpopular decisions in the middle of the next decade—would put “increasing pressure on the noninterest portions of the budget, limiting lawmakers’ ability to respond to unforeseen events, and increasing the likelihood of a fiscal crisis,” the CBO warns. The number-crunching agency concludes that “such a situation would ultimately be unsustainable.”

Of course the real problem is Congress’ inability to cut spending. After passing the tax cuts last year, Republicans earlier this year approved a two-year spending plan that obliterated Obama-era spending caps once championed by Ryan and other budget hawks. In doing so, the GOP has signaled quite clearly that it does not give a damn about the deficit—despite years of claiming otherwise as Presidents Bush and Obama added to the national debt. And if Republicans don’t care about the deficit, why should Democrats?

But even a party that has abandoned fiscal conservatism should take a good, long look at the CBO’s latest release before pressing ahead with a plan to put more tax cuts on the national credit card.

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Saudis Sentence Man to Crucifixion, Criticize Canada’s Human Rights Record

|||Faisal Nasser/REUTERS/NewscomSaudi Arabia and Canada are officially in disagreement over the topic of human rights. As the criticisms between the two countries mounts, a recent crucifixion is overshadowing Saudi Arabia’s accusations that between the two, Canada has the worse record on human rights.

Saudi King Salman recently endorsed a court’s decision to crucify a Myanmar man accused of theft and murder. The man, Elias Abulkalaam Jamaleddeen, was charged with breaking into a woman’s home and stabbing her to death. He was additionally accused of stealing weapons, trying to stab another man, and attempting to rape a woman.

Crucifixions in Saudi Arabia, as explained by the Associated Press, involve beheading an individual and placing their body on display. Though the practice of crucifixion is admittedly rare, Saudi Arabia imposes the death penalty at a higher rate than most other countries. Amnesty International reported in 2015 that China and Iran were the only two countries that used capital punishment more than Saudi Arabia. Just this past year, the country was criticized for killing 48 people over the span of four months. About half of those executed by the Saudi government were convicted of nonviolent drug charges.

Just before this latest execution was carried out, Saudi Arabia accused Canada of having a poor human rights record. The accusation was part of a larger fight that began when Canada called for the release of Saudi women’s rights activists on Twitter. One of the activists named, Samar Badawi, and her brother, Raif Badawi, were arrested in 2012 after Raif blogged criticism of Islam. He was sentenced to 1,000 lashes and 10 years in prison. Earlier in the year, his wife and children became citizens of Canada, which has since joined other western countries in calling for the Badawi siblings’ freedom.

Saudi Arabia responded by ordering Canada’s ambassador to leave the country while recalling its own ambassador from Canada. The country has also called on its citizens currently present in Canada to return home, has suspended various operations in Canada, and has placed sanctions on the country.

Saudi Arabia also accused Canada of hypocrisy by bringing up the arrest of Ernst Zündel. Though he was born in Germany, Zündel operated a Nazi publishing house in Canada for several years. He was arrested and held in solitary confinement in a Toronto jail before Canada deported him back to Germany in 2005. In 2007, Zündel was sentenced to five years in prison for Holocaust denial and inciting racial hatred under German law.

The disagreement only escalated when a verified, pro-Saudi government Twitter account shared a digitally altered picture of an Air Canada plane flying towards the Toronto skyline with the caption “sticking one’s nose where it doesn’t belong.” The picture seemed to evoke the 9/11 terrorist attacks that targeted New York City and Washington, D.C. The picture was deleted and the Saudi Ministry of Media announced an investigation.

(Note: Saudi Arabia has repeatedly denied its involvement in the 9/11 terrorist attacks. A U.S. district court judge ruled in March that the families of the victims had a right to sue Saudi Arabia for damages under the Justice Against Sponsors of Terrorism Act.)

Saudi Arabia is currently a member of the United Nations’ Human Rights Council.

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Former Gary Johnson Campaign Manager Ron Nielson Launches SuperPAC

It's happening! ||| Elect Liberty PACIn the latest signal that Gary Johnson is revving up a run for U.S. Senate in New Mexico, his 2016 presidential campaign manager, Ron Nielson, announced Monday that he was forming a new fundraising vehicle called Elect Liberty PAC. The move came after the Libertarian Party’s unanimous decision Saturday to nominate the two-time former governor to replace State Land Commissioner Aubrey Dunn, who vacated his candidacy late last month while urging Johnson to run.

“Aubrey Dunn just did what statesmen do. He put the best interests of New Mexico before his own personal interests,” Nielson said in a statement. “Now it’s time for New Mexicans and other supporters of good government to take the next step and seize this opportunity to give the state a powerful, independent voice and vote in the U.S. Senate. Governor Gary Johnson can be that Senator, and we want to show that he has the support he needs to win.”

Johnson still hasn’t officially thrown his hat in the ring; the L.P. gave him two weeks to decide. “I am giving the race my most serious consideration,” he said in a statement following the party’s vote. “A major factor is, simply, whether I can win…. If I choose to run it will be for all New Mexicans, Democrats, Republicans, independents, Libertarians and Greens. I will be an independent voice for our state.”

Democratic incumbent Martin Heinrich has until now been considered a shoo-in for re-election in this solidly blue state, and sits on a campaign war chest estimated at $4 million. Republican nominee Mick Rich, a political novice with 1/24th that amount of cash on hand, has been emphatic about not dropping out should Johnson run.

“I’m in all the way to the end and I intend to win this thing,” Rich told NM Political Report this week. As for calls from some Libertarians to step aside, Rich said: “What really surprises me, is the message they’re putting out there is, ‘Gary’s a weak candidate and he can’t win on his own.'” (Retorted the unofficial Gary Johnson for Senate fan page on Facebook: “Nope. We’re saying Mick Rich is the difference between Johnson winning by a close margin and winning by a landslide.”)

The injection of the high-profile Libertarian—who received 9.3 percent of the presidential vote in New Mexico two years ago—would spark media interest in what has been a yawner of a race.

“Rich is duller than last night’s dishwater. Few are contributing to his moribund campaign,” Santa Few New Mexican political columnist Milan Simonich wrote last week. “For Heinrich, Johnson is the far more dangerous opponent. Rich isn’t going to catch fire. Johnson might.”

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Bonds & Bitcoin Bid As Musk Massacred, Russia Routed, & Turkey Trampled

To all the Tesla bulls who bought earlier in the week on Musk’s Tweet…

China stocks rebounded overnight

 

Mixed day for Europe, Germany up, Italy down…

 

Nasdaq and Small Caps in the US led the day (short squeeze, see below) but Dow, S&P, and Trannies could not hold a bid…and the close was really ugly (like yesterday)…

Nasdaq’s 8th gain in a row – best streak since Oct 2017.

2nd day in a row with  a weak close…

 

“Most Shorted” stocks have been squeezed at every open so far this week…

 

FANG Stocks managed gains on the day – but are holding below the FB gap…

 

 

Tesla tumbled… erasing all the “going private” tweet gains…

 

Seems like Tesla bondholders were on to it all along…

 

The big banks erased the week’s gains today…

 

Amid all the chaos, Treasuries were bid…

 

With 30Y yields tumbling after PPI…

 

And the yield curve flattened…

 

The Dollar Index ripped higher today (but remains in a week-long range for now)…

 

EURUSD is testing the critical 1.15 level…

 

Emerging Market currencies were a bloodbath…

Led by a 5% plus collapse in the Turkish Lira – the biggest drop since Oct 2008…

 

Russia and Turkish bond yields spiked…

 

Cryptos managed a small rebound today after an ugly week…

 

Despite the surge in the dollar, commodities trod water today (no bounce in crude)…

 

Finally, we note that market breadth remains seriously lagging – Nasdaq near new highs and yet fewer and fewer of its members are even above their 200DMA…

 

And finally finally, who do you trust? US Macro data, the Nasdaq (and its 4 or 5 stock driver), or the NYSE Composite of over 2000 stocks and $23 trillion in market cap…

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