The ‘World’s Most Bearish Hedge Fund’ Asks “Why People Are Not More Bearish” After Tumbling 22% YTD

While Horseman Global, better known as the world’s most bearish hedge fund for its unprecedented -95% net equity position… 

… managed to narrowly avert a disappointing performance in 2018 thanks to a remarkable +13.5% return in the month of December which brought the fund’s full year return to 7.5%, Russell Clark’s investment vehicle has had far less luck in 2019, a in the year in which the fund went “all out” bearish, demonstrating why one shouldn’t fight the central banks in the short-term, even if the world’s money printers will ultimately lose the war.

The reason: after two consecutive -5% months in June and July, the fund has fully wiped out any goodwill from its amazing 17.1% return in May, and its YTD performance is now down a whopping 22%. Putting that number in context, Horseman’s two worst years, 2009 and 2016, both recorded a decling of -24%. Horseman is almost there… and there are still 5 more months left in the year.

There are two notable highlights here: the first is that after sticking with Clark for years, the fund’s LPs appear to be bailing, and net assets for the fund are down to $263MM, from $488MM a year ago and $654MM in August 2017; the second is that Horseman’s monthly volatility appears to be increasing with every month’s performance in 2019, except March, representing a swing of more than 5% in either direction.

Why is this? Is Clark growing increasingly desperate (and leveraged) and swinging for the fences in hopes of a return home run?

Here is the explanation from the horse’s, or rather bear’s mouth:

Why is the fund so volatile? Mainly because it’s obvious to me that growth is slowing globally, and risks are all to the downside. But what is obvious to me, is also obvious to policy makers and other investors. We are seemingly in a never ending cycle of markets beginning to price in a slowdown, and then pricing in stimulus and policy response. And so, after a successful May for the fund, we have two down months, and now what is shaping up as a successful August.

He’s right of course: the moment markets swoon, they surge on the expectation that “politically independent” central banks will rescue them, a trend that hasn’t failed to disappoint the BTFDers so far. So why does Clark assume that this time will be different? He explains:

If I believed that this was all we had to look forward to (endless volatility) then I would probably not even bother to run the fund, let alone have most of my money invested. But, obviously, I do run the fund and I do have most of my money committed to it. So what am I seeing? Well, we continue to see weakness in semiconductor pricing, leading to weakness or stagnation in major Asian semiconductor stock prices, and we continue to short this area.

Alas, his semis short, which was behind the fund’s remarkable return in May, has since cost the fund more than 10% in downside. And yet, Horseman refuses to throw in the galium-oxide towel, for one simple reason: he has seen this pattern before and it did not end happily for the bulls:

[W]e are seeing that Chinese steel production has reached new record levels of output, even as cash margins fall to zero. This is exactly what preceded the weakness in Chinese equities in 2015/6. We are already seeing many steel and commodity linked share prices fall significantly. Perhaps most ominously is that listed Chinese property companies and bank shares are also weakening. Historically, these are signs of a weakening economy, and typically one that needs to devalue.

It’s not just China that is keeping Clark bearish: pretty much everything else is too, but especially recent developments in the shale patch:

While semiconductors and China alone would be enough for me to be pretty bearish, we are now starting to see profit warnings and significant share price falls in US shale Permian producers. One leading company, Concho Resources, warned of much higher costs at its Dominator project. This was due to wells being drilled too close together. The implication being that drilling efficiencies have largely been tapped out in shale drilling. While this may seem a company specific issue, many other leading Permian drillers have seen similar share prices falls. It is also leading to a problem for many private equity shale producers that have bought land seeking to sell to listed drillers. Implied (from share prices) land prices for the Permian are far below the price paid recently. Riverstone Energy, a listed, energy focused private equity player, has seen its share price fall 42% in recent months. The implication is that drilling in the US will slow, and that the discount on US oil (WTI) versus Brent will narrow. This is already beginning to happen. The gap between 9 month forward Brent and WTI has fallen from 10 USD in November to nearly 4 USD today. This will have a very negative effect on US refiners and the petrochemical industry. Slowing shale production will also have a negative effect on general activity in the US.

Putting it all together, “semiconductors, China and US shale all looking problematic, would be probably enough for me to extremely bearish”, an already extremely bearish Clark admits. However, he adds, he is also “starting to see evidence that the Japanese are losing faith in the US dollar.”

The head of the GPIF — the largest pension fund in the world – has started to discuss hedging their dollar exposure. This is leading to JPY/USD basis spreads to widen. This means that the Japanese are worrying about the dollar falling versus the Yen (even with negative rates in Japan) and would therefore need a higher premium to buy US debt. Such a change in Japanese attitudes to dollar debt has occurred 1998, 2008, and 2014 – all periods of financial distress.

So where is the fund on the last day of July?

I have three huge industries that look problematic —semiconductors, Chinese steel/property and US shale. I then combine that with the Japanese tightening funding, and huge Korean autocallable issuance, all my favourite lead indicators such as the Nikkei and Kospi trading bearishly, and the Chinese Yuan devaluing.

So, at least in theory, it should all be ok. Only it isn’t, as the recent hammering the fund’s P&L received. Even so, as Clark concludes, “I am more confused by why people are not more bearish.”

The reason, of course, is simple: central banks – which have now gone all in to defend stocks – have no choice but to double, triple and quadruple down in avoiding a market drop, as the circular collapse in the economy and stocks that would ensue should the Fed fail to arrest such a plunge, would put even the financial crisis to shame.

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WTI Extends Gains Above $55 After Huge Crude Draw

After tumbling on trade talk doubts, WTI crude prices spiked back above $55 this afternoon after Russian Energy Minister Alexander Novak told reporters in Moscow that Russia is committed to complying with OPEC+ production-cut deal.

Additionally, an OPEC+ committee said it expects stockpiles to decline sharply in the second half of the year.

API

  • Crude -11.1mm (-2.25mm exp) – biggest draw since June

  • Cushing -2.4mm

  • Gasoline -349k

  • Distillates -2.5mm

After a brief period of small builds, Crude stocks have resumed their drawdowns, with API reporting a massive 11.1mm plunge in inventories. In fact, there were drawdowns across the board…

“The resolution of the U.S.-China rift will take time,” said Harry Tchilinguirian, head of commodity markets strategy at BNP Paribas SA in London.

“Economic uncertainty has not been lifted, which still leaves a fair degree of hesitancy in going long oil.”

WTI hovered around $55 ahead of the API print and spiked on the big draw, running to the pre-Trump highs from Friday…

We will see if this shift holds (or is a stop-run like yesterday).

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Deutsche Bank Says It Has Tax Returns Subpoenaed By Anti-Trump Lawmakers 

Deutsche Bank has confirmed that they are in possession of tax returns requested by US lawmakers probing the finances of President Trump and his family. 

The disclosure was made in a Tuesday filing in response to a question from an appeals court last week, according to Bloomberg, however the names of the individual or individuals in question (probably Trump and his organization) are redacted

According to the report, the appeals panel is mulling a request by Trump to block access to financial records at both Deutsche Bank and Capital One – the latter of which says it does not possess any tax returns applicable to the subpoena. 

 The appllate judges had requested to know if the banks actually have the tax returns. 

Trump, his children Donald Jr., Eric and Ivanka, and his businesses, sued the banks in April to block them from complying with the demand from lawmakers to turn over the financial information. A federal judge in May rejected that request, and Trump has appealed.

In its filing Tuesday, Deutsche Bank said it has tax returns — in either draft or as-filed form — responsive to the subpoenas. The names were redacted. The bank also said it has “such documents related to parties not named in the subpoenas but who may constitute ‘immediate family’ within the definition provided by the subpoenas.” –Bloomberg

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The World According To Larry Summers: Government Via Depraved Insiders

Authored by Michael Krieger via Liberty Blitzkrieg blog,

Since leaving office President Obama has drawn widespread criticism for accepting a $400,000 speaking fee from the Wall Street investment firm Cantor Fitzgerald, including from Senators Bernie Sanders and Elizabeth Warren. Only a few months out of office, the move has been viewed as emblematic of the cozy relationship between the financial sector and political elites.

But as the President’s critics have voiced outrage over the decision many have been reluctant to criticize the record-setting $65 million book dealthat Barack and Michelle Obama landed jointly this February with Penguin Random House (PRH)…

While the Obamas’ deal is unique for the amount of money involved, outsized book contracts between politicians and industries they’ve benefitted has precedent. In a recent report issued by the Roosevelt Institute, the study’s authors, Thomas Ferguson, Paul Jorgensen, and Jie Chen, argue that the mainstream approach to money in politics fails to recognize major sources of political spending. Among the least appreciated avenues for political money, they argue, are payments to political figures in the form of director’s fees, speaking fees, and book contracts.

From the 2017 Naked Capitalism piece: The “Market Forces” Behind the Obamas’ Record-Setting Book Deal

Back in 2009, when the Obama administration was busy ensuring the nation’s financiers would become larger, more powerful and never serve a day in jail despite their historic crime spree, Larry Summers had dinner with Elizabeth Warren. During the course of that meal, he instructed her about how power really functions in the U.S.:

A telling anecdote involves a dinner that Ms. Warren had with Lawrence H. Summers, then the director of the National Economic Council and a top economic adviser to President Obama. The dinner took place in the spring of 2009, after the oversight panel had produced its third report, concluding that American taxpayers were at far greater risk to losses in TARP than the Treasury had let on.

After dinner, “Larry leaned back in his chair and offered me some advice,” Ms. Warren writes. “I had a choice. I could be an insider or I could be an outsider. Outsiders can say whatever they want. But people on the inside don’t listen to them. Insiders, however, get lots of access and a chance to push their ideas. People — powerful people — listen to what they have to say. But insiders also understand one unbreakable rule: They don’t criticize other insiders.

“I had been warned,” Ms. Warren concluded.

I’ve been thinking about this a lot lately, particularly in the context of the Jeffrey Epstein saga. Whether or not he was linked to one or more intelligence agencies, Epstein was undeniably the consummate insider. He was involved in close relationships with a vast cross-section of “elite” American society that crossed all political lines, yet nobody ever called him out for what his real job apparently was — the sexual abuse and trafficking of children. Now that he’s dead though, all these respectable denizens of high society; from former presidents, to billionaires and British royals, are in complete shock. Nobody knew!

While some of his more casual acquaintances may have been entirely ignorant, nobody has convinced me that those closest to Epstein over the years didn’t have at least some understanding of what was going on. The U.S. government knew what he was up to when he was given his ridiculous and unprecedented sweetheart deal in 2008. They knew, but it didn’t matter. Insiders protect other insiders. 

Many of the elites surrounding Epstein may not have known the entire picture, but they must have known something was off. Nevertheless, they continued to party with the guy and protect him. For some, silence on Epstein may have been driven by fear, while others may have wanted to continue to participate in his “services,” but perhaps something else was also going on. Epstein was an insider, and insiders don’t criticize other insiders. Larry Summers, another consummate insider, said so himself.

If this is in fact the code Larry Summers and other insiders live by, then it’s not a stretch to think these people would simply never criticize one of their own. This twisted mentality is a big part of why super predators like Epstein can spend their entire lives abusing children and never face justice. I guess this is how sociopaths operate.

It’s also worth noting that Larry Summers gave that insider speech to Elizabeth Warren years before she was elected to the U.S. Senate. He was warning her that unless she stopped causing problems and agreed to play the game by this gangster code, she would never get anywhere and no one would ever listen to her.

Additionally, Summers can’t pretend his commentary to Warren was some off the cuff statement he later regretted. He said almost the exact same thing to former Greek Finance Minister Yanis Varoufakis in the midst of that country’s crisis.

Via The Guardian:

Yet Varoufakis’s account of the crisis that has scarred Greece between 2010 and today also stands in a category of its own: it is the inside story of high politics told by an outsider. Varoufakis began on the outside – both of elite politics and the Greek far left – swerved to the inside, and then abruptly abandoned it, after he was sacked by his former ally, Greek prime minister Alexis Tsipras, in July 2015. He dramatises his intent throughout the crisis with a telling anecdote.He’s in Washington for a meeting with Larry Summers, the former US treasury secretary and Obama confidant. Summers asks him point blank: do you want to be on the inside or the outside? “Outsiders prioritise their freedom to speak their version of the truth. The price is that they are ignored by the insiders, who make the important decisions,” Summers warns.

This pretty much proves Summers deployed this line frequently in order to get uncompromising people in line. As such, the statement deserves further scrutiny. If Summers is correct, and this is how the world of the elite really works, what does it say about self-government and democracy, a system that supposedly differentiates the “free world” from all those barbaric nations that comprise America’s official enemies list. It tells you the entire thing is basically a sham.

If people who’ve already attained positions of some ostensible power (such Warren and Varoufakis) are irrelevant and impotent to change things unless they play by the “insiders don’t criticize insiders” game, then what does that make the rest of us? It means we the people are completely and totally irrelevant. That’s how the world works according to Larry Summers, and he’s in a position to know. Government via depraved insiders.

In contrast, what happens to the sort of person who becomes an insider and then enthusiastically embraces everything that goes along with such a status? The sort of person who runs for president promising to rein in Wall Street and then immediately hires Larry Summers and Tim Geithner once elected. Someone who allows Citigroup to handpick his cabinet. Somebody who dedicates the entirety of his eight years as commander in chief to bailing out, preserving and further entrenching the status quo. What happens to somebody who plays the game exactly how Larry Summers suggests?

This is what happens.

*  *  *

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Silver & Gold Soar, Yields & Small Caps Plunge As Trade-Deal Hope Tanks

What Bill Dudley’s op-ed did to The Fed’s apolitical narrative…

Chinese stocks played catch up overnight with US exuberance, but its didn’t hold…

Source: Bloomberg

Italian stocks outperformed today on hopes of a rebuild coalition ending the political crisis…

Source: Bloomberg

Which also sent BTP yields plummeting (to the lowest since Sept 2016) and spread to Bunds tumbled to its lowest since May 2018…

Source: Bloomberg

 

US equity markets were pumped once again overnight, dumped from the open, then managed a low vol melt-up back to unchanged for Nasdaq, S&P, and Dow; but Trannies and Small Caps were major underperformers

 

Philip Morris and Altria announced merger talks, spiking the latter initially but it didn’t end well…

 

Stocks rallied into the US open on the heels of an oddly uniform plunge in VIX, but once cash markets opened, VIX popped and stocks dropped…

 

 

Treasury yields tumbled today led by the long-end (2Y -2bps, 30Y -7bps)…

Source: Bloomberg

30Y Yields fell back below 2.00%, closing at a new record low…

Source: Bloomberg

The yield curve collapsed today.

3m10Y crashed to a new cycle low…

Source: Bloomberg

And the much-watched 2s10s plummeted to below -5bps – the most inverted since Lehman (2s30s still +43bps BUT that is the flattest in 2019)…

Source: Bloomberg

 

The Dollar Index ended practically unchanged after ramping from the US cash equity open following overnight weakness…

Source: Bloomberg

Cryptos were mixed today with Bitcoin Cash best…

Source: Bloomberg

Bitcoin managed to hold above $10k for now…

Source: Bloomberg

 

Silver and oil prices outperformed today but copper and gold were also bid…

Source: Bloomberg

Spot Silver surged to its highest since April 2017…

Source: Bloomberg

Silver dramatically outperformed gold once again (silver surging from 27-year lows relative to gold)

Source: Bloomberg

Gold continues to track negative-yielding debt higher as a proxy for pure policy folly…

Source: Bloomberg

Crude surged back above $55 on the heels of Russian comments about sticking to production goals…

 

Bonds & Bullion have been August’s big winners so far with stocks suffering…

 

Finally, the odds of a US-China trade deal have collapsed back to cycle lows today, not helped by the comments from Global Times…

Source: Bloomberg

The S&P 500 is 4.5% from its all-time record high… and investors are suffering from “Extreme Fear”…

Source: CNN

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Sanders Touts Plan To Stop Big Media Mergers And Bolster Independent News

Authored by Jake Johnson via CommonDreams.org,

Warning the “decimation of journalism” by big business and billionaire executives poses a major threat to democracy, Sen. Bernie Sanders on Monday unveiled a plan to stop the long-running corporate consolidation of American media, take anti-trust action against tech giants like Facebook and Google, and bolster independent news.

“Today, after decades of consolidation and deregulation, just a small handful of companies control almost everything you watch, read, and download,” Sanders, a 2020 Democratic presidential candidate, wrote in an op-ed for the Columbia Journalism Review.

Image source: Getty

This consolidation, as well as the domination of the digital market by Facebook and Google, has led to the destruction of local independent news and hard-hitting reporting, Sanders said, leaving a void that has been filled by the vapid punditry, “infotainment,” and business-friendly propaganda that is so often featured on America’s corporate-owned television networks.

“At precisely the moment when we need more reporters covering the healthcare crisis, the climate emergency, and economic inequality,” wrote the Vermont senator, “we have television pundits paid tens of millions of dollars to pontificate about frivolous political gossip, as local news outlets are eviscerated.”

Sanders went on to provide an overview of the long-running destruction of local news and independent journalism, which he said has been “gutted by the same forces of greed that are pillaging our economy”:

Over the past 15 years, more than 1,400 communities across the county have lost newspapers, which are the outlets local television, radio, and digital news sites rely on for reporting. Since 2008, we have seen newsrooms lose 28,000 employees—and in the past year alone, 3,200 people in the media industry have been laid off. Today, for every working journalist, there are six people now working in public relations, often pushing a corporate line.

To fight the corporate assault on journalism — which Sanders noted has been made “far worse” by President Donald Trump’s “authoritarian bullying” — the senator’s plan would:

  • Impose an immediate moratorium on federal approval of mergers of major media companies;
  • Require media corporations to disclose whether their corporate transactions and mergers would cause significant layoffs of reporters;
  • Require that employees “be given the opportunity to purchase media outlets through employee stock-ownership plans”;
  • Block federal merger and deregulation moves that harm people of color and women;
  • “Reinstate and strengthen media ownership rules” with the goal of limiting “the number of stations that large broadcasting corporations can own in each market and nationwide”;
  • Enforce anti-trust laws against tech behemoths like Facebook and Google “to prevent them from using their enormous market power to cannibalize, bilk, and defund news organizations”;
  • Increase funding for federal programs that support public local media “in much the same way many other countries already fund independent public media.”

“Today’s assault on journalism by Wall Street, billionaire businessmen, Silicon Valley, and Donald Trump presents a crisis,” Sanders wrote. “We cannot sit by and allow corporations, billionaires, and demagogues to destroy the Fourth Estate, nor can we allow them to replace serious reporting with infotainment and propaganda.”

“When I am president,” Sanders said, “my administration will put in place policies that will reform the media industry and better protect independent journalism at both the local and national levels.”

Sanders’ plan to stop corporate consolidation of U.S. media and reverse its devastating effects won praise from journalists and press freedom advocates.

“Wow!” tweeted Craig Aaron, president of advocacy group Free Press. “Bernie Sanders outlines an ambitious plan to save local journalism and confront the harm greedy corporate media and runaway consolidation have done to communities.”

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Top Movie Industry Exec “Sugar Daddy” Arrested On Alleged Rape And Blackmail Charges

A top executive at the Motion Pictures Association of America (MPAA), Steven Fabrizio, has been arrested by Metropolitan Police Department detectives over allegations of “rape and blackmail,” according to a police report obtained by Breitbart and confirmed by Vanity Fair

Fabrizio, who has been fired, served as the top lawyer (General Counsel) to the group which represents Hollywood’s interests on Capitol Hill. He was charged Saturday in Washington D.C. and subsequently fired. Fabrizio and his accuser reportedly met on a “suggar daddy” dating website, after which the two had consensual sex once on August 19 – for which he paid her $400. After that, she would not see him again – which kicked off a flurry of text messages from Fabrizio which turned into threats to expose her if she didn’t comply. 

“I know where you live,” the MPAA lawyer aallegedly wrote, adding. “I know where you work. Don’t think — Hospital would be happy to know that it’s young nurses are having sexual for money / Same for your landlord.

The woman says Fabrizio’s threats left her no choice but to have sex with him again, according to the affidavit – after which he then threatened to tell her parents if she didn’t continue to put out

It was then that she called the police. 

After what the detectives describe as a series of encounters between the woman and Fabrizio, which she claims she attempted to end multiple times, the report says she called the police for help. The report then describes messages sent by the woman to Fabrizio that “were largely composed and sent in consultation with members of the Metropolitan Police Department.”

Detectives then orchestrated Mr. Fabrizio’s arrest outside the woman’s home. –Breitbart

And MPAA spokesperson said of the charges, “if true, are both shocking and intolerable to the association. We had no prior knowledge of this behavior before these charges were publicly filed.”

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California’s Top Court Finally Allows Law Enforcement Agencies to Share List of Problem Cops With Prosecutors

On Monday, the California Supreme Court unanimously ruled that the state’s law enforcement agencies may share the names of officers with misconduct records with prosecutors so that prosecutors can figure out whether such cops should be kept from testifying and whether defense attorneys need to be notified of the cops’ records.

The need for such disclosures is obvious. The U.S. Supreme Court’s ruling in Brady v. Maryland (1963) requires prosecutors to turn over evidence to the defense that might exonerate the defendant. A corrupt police officer connected to the case could certainly qualify.

But in California, thanks to powerful law enforcement unions and state laws that shield police records from disclosure, there had been a legal privacy barrier making it harder for prosecutors to get this information in the first place. Until recently, state laws even prohibited directly passing along information from police records to lawyers. Those records had to go through a judge, who would be responsible for screening out and sharing only what information about an officer that might be relevant to the case.

Prosecutors and defense attorneys have struggled for decades to get this information, Supreme Court precedent notwithstanding. Some cities and counties in California have been proactive in passing along lists—often called Brady lists—of officers whose past conduct could affect their credibility as witnesses. These lists did not contain details, but apparently even sharing names was a problem for some law enforcement unions.

In Los Angeles County, the sheriff’s department had been attempting to pass along a list of about 300 deputies with records of bad behavior to the Los Angeles District Attorney’s Office. This did not sit well with the Association for Los Angeles Deputy Sheriffs, who sued to stop the sheriff from sharing just these 300 or so names.

Lower courts ruled in favor of the union. That’s how powerfully state laws shielded law enforcement from public awareness of bad behavior. But last year, California passed S.B. 1421, which ended decades of secrecy and allowed public access to certain types of police personnel records, including those where officers were credibly found to have engaged in deception, like perjury or fabricating evidence, on the job. That’s certainly the type of behavior that could undermine the credibility of a police witness.

Per yesterday’s ruling by the California Supreme Court, the records covered under S.B. 1421 are no longer confidential, and thus may be shared with prosecutors. State law no longer forbids disclosure.

Mind you, S.B. 1421 did not grant public access to all police misconduct records. It focused on incidences where an officer used a firearm or force to cause death or great bodily injury; incidences of sexual assault; and the aforementioned findings of dishonest behavior on the job. And this week’s California Supreme Court ruling did not mandate that law enforcement agencies keep a Brady list of problematic officers. But, the ruling notes, “when a department seeks to transmit a Brady alert to prosecutors, allowing the department to do so mitigates the risk of a constitutional violation.” The lists may be shared.

The Los Angeles Times notes that there’s enough ambiguity in the decision that some law enforcement agencies will likely share less information with prosecutors and defense attorneys than others might share.

Still, the upshot of the ruling is that law enforcement agencies in California may no longer use the state’s privacy laws to shield bad cops from public scrutiny. That’s a win for both criminal defendants and pro-transparency activists.

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California’s Top Court Finally Allows Law Enforcement Agencies to Share List of Problem Cops With Prosecutors

On Monday, the California Supreme Court unanimously ruled that the state’s law enforcement agencies may share the names of officers with misconduct records with prosecutors so that prosecutors can figure out whether such cops should be kept from testifying and whether defense attorneys need to be notified of the cops’ records.

The need for such disclosures is obvious. The U.S. Supreme Court’s ruling in Brady v. Maryland (1963) requires prosecutors to turn over evidence to the defense that might exonerate the defendant. A corrupt police officer connected to the case could certainly qualify.

But in California, thanks to powerful law enforcement unions and state laws that shield police records from disclosure, there had been a legal privacy barrier making it harder for prosecutors to get this information in the first place. Until recently, state laws even prohibited directly passing along information from police records to lawyers. Those records had to go through a judge, who would be responsible for screening out and sharing only what information about an officer that might be relevant to the case.

Prosecutors and defense attorneys have struggled for decades to get this information, Supreme Court precedent notwithstanding. Some cities and counties in California have been proactive in passing along lists—often called Brady lists—of officers whose past conduct could affect their credibility as witnesses. These lists did not contain details, but apparently even sharing names was a problem for some law enforcement unions.

In Los Angeles County, the sheriff’s department had been attempting to pass along a list of about 300 deputies with records of bad behavior to the Los Angeles District Attorney’s Office. This did not sit well with the Association for Los Angeles Deputy Sheriffs, who sued to stop the sheriff from sharing just these 300 or so names.

Lower courts ruled in favor of the union. That’s how powerfully state laws shielded law enforcement from public awareness of bad behavior. But last year, California passed S.B. 1421, which ended decades of secrecy and allowed public access to certain types of police personnel records, including those where officers were credibly found to have engaged in deception, like perjury or fabricating evidence, on the job. That’s certainly the type of behavior that could undermine the credibility of a police witness.

Per yesterday’s ruling by the California Supreme Court, the records covered under S.B. 1421 are no longer confidential, and thus may be shared with prosecutors. State law no longer forbids disclosure.

Mind you, S.B. 1421 did not grant public access to all police misconduct records. It focused on incidences where an officer used a firearm or force to cause death or great bodily injury; incidences of sexual assault; and the aforementioned findings of dishonest behavior on the job. And this week’s California Supreme Court ruling did not mandate that law enforcement agencies keep a Brady list of problematic officers. But, the ruling notes, “when a department seeks to transmit a Brady alert to prosecutors, allowing the department to do so mitigates the risk of a constitutional violation.” The lists may be shared.

The Los Angeles Times notes that there’s enough ambiguity in the decision that some law enforcement agencies will likely share less information with prosecutors and defense attorneys than others might share.

Still, the upshot of the ruling is that law enforcement agencies in California may no longer use the state’s privacy laws to shield bad cops from public scrutiny. That’s a win for both criminal defendants and pro-transparency activists.

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Mortgage Defaults Rise First Time Since Financial Crisis

Authored by Mike Shedlock via MishTalk,

Defaults are up for the first time since the great financial crisis. But as rates fall, a refi surge will help millions.

The Black Knight Mortgage Monitor shows the first annual rise in defaults since the crisis.

First Lien Defaults by Quarter

  • An estimated 243K borrowers defaulted on first lien mortgages in Q2 2019

  • While the quarter ending on a Sunday certainly played a factor in the rise in defaults, a noticeable overall slowdown in the decline in default activity has been observed.

  • The national default rate rose by 3% compared to Q2 2018, the first such annual rise since the financial crisis (adjusting for the 2017 hurricane season)

Delinquencies

  • The national delinquency rate fell by 7% in July, offsetting the bulk of June’s calendar-related spike

  • At 3.46%, July 2019’s delinquency rate is the lowest of any July on record (dating back to 2000)

  • Serious delinquencies (all loans 90 or more days delinquent but not in active foreclosure) fell below 445,000 for the first time since June 2006

  • Despite the Q2 year-over-year rise in defaults, overall seriously delinquent inventory (loans 90 or more days past due) is down by 17% from last year due to continued strong cure activity

Refinancing Stats

  • Prepayment activity jumped 26% from June to its highest level in nearly three years and 58% above this time last year as falling interest rates continue to fuel refinance incentive

  • There are now 9.7M refinance candidates in the market.

  • Rates have since fallen to 3.50% near a two-and-a-half year low, resulting in the most refinance incentive in the market since late 2016

Notes

The above Black Knight chart and bullet points contain some unpublished numbers. Those bullet points do not match the link at the top.

Black Knight was gracious enough to send me an updated numbers and an unpublished chart.

Refinance Candidates Under Different Interest Rate Scenarios

Another 1/8 point decline in rates would increase the number of refinance candidates by 1.5M to 9.7M – a 18% rise in refi incentive.

Likewise, a 1/8 point increase in the 30-year rate would decrease the number of refinance candidates by 1.3M to 6.9M, a 16% decline.

Refinance Comments from Raymond James’ Director of Agency Trading

Steven Childress, Managing Director of Agency MBS Trading, at Raymond James offered these thoughts on refinancing.

  • Just looking at the number of refinance-eligible loans in the money is not the best way to look at refinance eligibility. It’s better to consider how much is in the money as a percentage what is outstanding.

  • Outstanding has grown to ~6.5 trillion in just fixed MBS (FNMA/FGLMC/GNMA). However, today’s raw number is a smaller percentage.

  • The vast majority of eligible refis are from 2018 production, when new loans were put on at higher rates. And even though they are now in the money, it doesn’t mean people will actually refinance.

  • A refinance boom could happen, but the impact may not be as great as the raw eligibility numbers imply.

Affordability Illusions

Black knight says falling interest rates make homes more “affordable”.

“The decline in 30-year rates has been equivalent to a 15% increase in buying power, meaning that prospective homebuyers shopping for the average priced home could now pay $45,000 more for a home than last fall while keeping monthly payments the same.”

Let’s not confuse monthly payments with what a house is worth. A home is not worth $45,000 more (or less) based on what the interest rate is.

Moreover, and very importantly, home price increases have far outstripped wages.

Housing Bubble Reblown

The Fed re-blew the housing bubble. The Last Chance for a Good Price Was 7 Years Ago.

“Affordability” based on declining interest rates is an illusion.

People shy away from buying homes for one primary reason: sticker shock. They cannot afford the asking prices.

Interest rates have a minor role.

via ZeroHedge News https://ift.tt/2HtjKc6 Tyler Durden