Who Got Hit: Here Are The Best And Worst Performing Hedge Funds Of 2018

December is almost done, as if 2018, and the latter is shaping up as the worst for most quant, CTA and managed futures funds. And not only: a quick look at the best and worst performers so far in 2018 shows a distinct skew to the downside, with one clear exception: Odey’s 51.5% YTD return is almost twice as good as the second best performing fund of 2018 according to HSBC.

And here is our usual universe of some of the most recognizable, marquee hedge fund names, sorted by YTD performance. It is clear that almost none of the “hedge” funds was hedged for the events that took place in Q4.

via RSS http://bit.ly/2s6SSqh Tyler Durden

Hello, FIRST STEP Act! Goodbye, Jeff Sessions! The Year in Criminal Justice Reform

Jeff SessionsWith the passage of the FIRST STEP Act just before Christmas, 2018 has been a banner year for incremental reforms to our awful criminal justice system. We’ve seen efforts to reduce levels of incarceration and the harshness of prison sentences, particularly those connected to the drug war; further legalization of marijuana in the states; and efforts to constrain the power of police to seize people’s property and money without convicting them. While all this was happening, crime mostly declined in America’s largest cities.

But we’ve also seen increased deliberate efforts to crack down on voluntary sex work by conflating it with forced human trafficking. And, despite learning from the drug war that harsh mandatory minimum sentences don’t reduce the drug trade, lawmakers and prosecutors are yet again pushing for more punishment to fight opioid and fentanyl overdoses.

Here are some highlights (and lowlights) of American criminal justice in 2018:

The FIRST STEP Act passed (finally). After years of lobbying, activism, and negotiations between Senate Democrats and Republicans, we finally saw important changes to federal sentencing policy and prison programming happen right as 2018 was wrapping up.

The FIRST STEP Act expands job training opportunities for federal prisoners, calls for inmates to be housed within 500 miles of their hometowns and families when possible, and bans the shackling of pregnant inmates. It also reduces some mandatory minimum sentences, gives judges more leeway to show mercy with “safety valve” provisions, and, perhaps most importantly, retroactively applies the Fair Sentencing Act of 2010 to prisoners who have been given harsher sentences for drug crimes because they involved crack instead of powder cocaine. That last part is expected to reduce the sentences of approximately 3,000 prisoners.

The bill passed easily in the House, but was caught up in the Senate by Republican lawmakers who demanded it be weakened. Sen. Tom Cotton (R–Ark.) tried his best to kill the bill, claiming that America, despite all evidence to the contrary, has an “underincarceration” problem. Cotton failed and President Donald Trump signed the bill into law on Dec. 21.

Marijuana legalization continued apace. In November, Michigan became the 10th state to legalize recreational marijuana consumption, the result of a voter-approved ballot initiative. Vermont also legalized recreational use through lawmaking in 2018. Oklahoma, Utah, and Missouri voters all approved medical marijuana use this year.

Legalizing marijuana consumption inherently serves as criminal justice reform on the front end by reducing opportunities for police to arrest people on the basis of what they put in their body. That’s great moving forward, but it leaves the matter of all those people who have criminal records from their pre-legalization arrests. Thankfully, many stats and cities are working on expunging those records. If there isn’t one already, there should be a replicable legislative model for mass expungement of cannabis offenses.

The desire of state and local governments to find ways to make money off of marijuana is causing its own set of problems. California’s regulatory and tax regime is so oppressive that many companies are finding it hard to get off the ground. The state did not earn nearly as much revenue as it predicted for 2018 and a black market for pot continues to exist in most legalization states.

Civil Asset Forfeiture under the microscope. The more Americans learn about civil asset forfeiture, the more they hate it. In 2018, Philadelphia agreed to scale back its program in response to a class-action lawsuit, and a federal judge ordered Albuquerque to stop its own program, which continuied to operate in defiance of state law.

A case heard by the Supreme Court in November will keep civil asset forfeiture in the news in 2019. In Timbs v. Indiana, the justices have been asked whether these property seizures are violations of the Eighth Amendment’s ban on excessive fines and fees. During oral arguments, the justices seemed very skeptical of the idea that government representatives have the authority to take and keep your property in response to anything they deem criminal activity. It seems likely that a ruling in 2019 will force a scaling back of the practice.

Attorney General Jeff Sessions shown the door. When Trump nominated Sessions as his first attorney general, it seemed as though he was actually closing the door on the possibility of a more merciful criminal justice system. Sessions’ view of the law is harsh and punitive. He’s a drug warrior through and through. He exaggerated crime statistics to sow fear and stop reforms, and he undermined efforts to hold police accountable for misconduct. He also ordered federal prosecutors to pursue the harshest possible penalties for drug offenders in order to maximize their sentences, and he advocated attacking doctors as the right way to fight the opioid overdose crisis.

But he wasn’t able to stop Robert Mueller’s special investigation into Russia’s attempts to meddle in the 2016 presidential election, which is the thing Trump seems to have wanted most from his attorney general. Right after the November election, Trump demanded Sessions’ resignation. Unfortunately, William Barr, Trump’s nominee to replace Sessions, could be a lot like his predecessor.

The war on sex trafficking leads to online censorship, not safety. In April, Trump signed the Fight Online Sex Trafficking Act (FOSTA) into law. Ostensibly intended to help fight forced human sex trafficking online, the law strips online platforms of their protections from liability for prostitution advertising. That means platforms like Facebook and Reddit could be held legally responsible for sex work ads.

Having shut down Backpage.com, the federal government is continuing to prosecute the site’s founders (not under FOSTA but under the Travel Act). We’ve since seen all sorts of sex-related censorship bubble up on social media platforms and other online outlets, from Craigslist removing personal ads, to YouTube removing videos that teach sex education, to Tumblr’s recent decision to delete all “adult” content. While it’s hard to draw a straight line from these actions to FOSTA, it’s equally difficult to dismiss the legal liability these businesses now face.

What has all this done for the safety of people involved in sex work? Not much. Studies continue to show that it’s actually the criminalization of sex work that endangers the lives and safety of its participants.

Treating opioid overdose deaths as murders. One particularly nasty trend advancing in 2018 is for prosecutors to charge people who provided opioids to another user with homicide or murder if the recipient of an overdose. The implication here is that they’re going after “dealers,” but often supplier is a friend or somebody close to the overdose victim. The threat of extremely harsh prosecution discourages people from calling for emergency assistance in the case of overdoses.

These prosecutions have not deterred opioid abuse or prevented overdoses, but harm reduction efforts, like access to naloxone, have made a difference in places like Ohio. In addition, several cities this year explored the possibility of opening up supervised injection sites that would give people who are addicted to drugs a relatively safe place to use. San Francisco had planned to open sites this year, but Gov. Jerry Brown vetoed legislation that would have protected clinic workers from police prosecution. Some cities are promising to build sites in 2019.

Reducing dependence on cash bail. This year marks two years since New Jersey implemented a new bail system that all but eliminated the demand requirement that people arrested for crimes pay some sort of bail in order to remain free prior to their day in court.

New Jersey now uses pretrial risk assessments to determine the likelihood that a defendant will miss court or potentially commit crimes while free. Based on that assessment, judges can require various levels of monitoring or even detain defendants if they seem to dangerous to be freed. Whether a person is stuck behind bars before being convicted is no longer based on how much money they can scrape together. In 2018, Alaska launched its own pretrial systems to reduce its dependence on bail, and California passed a bill over the summer that would completely eliminate the use of cash bail bonds. The reforms may seem new to the public, but have been in the works for years.

Doing away with cash bail sounds good in theory. Studies show that it’s the poorest defendants who end up detained in jail under a cash bail system, even when they’re not flight risks or dangers, and the end result is that they often get terrible plea deals and harsher sentences than they would if they were free. All of this costs taxpayers billions of dollars. But giving judges the power to detain defendants with no bail option at all can backfire. While New Jersey’s system has resulted in more people being freed prior trial, in Baltimore, judges ended up detaining more people than they were in the cash bail era. In California, these bail reforms give judges a lot of power over how these pretrial systems will operate, and civil rights groups worry the state will end up more like Baltimore than New Jersey.

from Hit & Run http://bit.ly/2Q5EU1a
via IFTTT

Americans Just Blew $850 Billion On Xmas But Here’s Why That’s Not A Good Sign

Authored by Daisy Luther via The Organic Prepper blog,

The preliminary numbers are in and it appears that Americans exceeded last year’s shopping frenzy with an even more extravagant one this year. Mastercard says that spending was up 5.1%over last Christmas, which brings us to an astronomical $850 billion spent between November 1st and Christmas Eve.

Of these shopping sprees, online sales increased by nearly 20%, which means that we could soon see another wave of brick and mortar closures, just like last year. Amazon pretty much owned Christmas, with a “record-breaking” holiday season, reporting one billion items delivered for free.

Three times as many purchases this year were handled by Alexa, too, which means buyers didn’t even have to type in a credit card number.  “Alexa, find me a bankruptcy attorney.”

So, even though Americans blew through $850 billion dollars at Christmas, this may not actually mean that the economy is on the upswing. All the problems there before the holiday didn’t just go away.

All this spending is good news for the economy, right?

Wrong.

Before you get too excited thinking that all the negative predictions are just hogwash, Zero Hedge puts the spending binge into alarming but unsurprising perspective.

But though analysts might be tempted to cite holiday spending as an example that consumption is stronger than the hard and soft data would suggest, and that the mighty US consumer just might come through and save the US economy from a late-2019 or early-2020 recession, there is one thing to consider: As the latest raft of spending data revealed, spending outpaced incomes once again in November, sending the savings rate lower, suggesting that this latest consumption binge was largely fueled by debt.

In other words, analysts who interpreted these strong holiday sales as one last binge before the end of the business cycle might soon be vindicated. (source)

So, in reality, what seems like a bunch of prosperous people going out and treating their families to well-deserved gifts and holiday joy is just the opposite. This Christmas was most likely an example of people who couldn’t afford to spend saying, “to heck with it” and maxing out credit cards that they may never be able to pay off.

All of those problems from before Christmas didn’t just disappear.

Right before the holiday, I wrote an unpleasant article about 8 worrisome signs for our economy. These things didn’t magically disappear because it was Christmas and people blew their budgets. After the article, the stock market plunged even further, making it the absolute worst Christmas Eve in market history. We’re talking Great Depression-era lows.

What’s more…and this should keep you up at night…President Trump had Treasury Sec. Steve Mnuchin summon heads of the 6 largest banks in the country for emergency calls on Christmas Eve.

Brian Moynihan of Bank of America, Michael Corbat of Citigroup, David Solomon of Goldman Sachs, JPMorgan’s Jamie Dimon, James Gorman of Morgan Stanley, and Tim Sloan of Wells Fargo were all contacted.

According to The Street, it’s all good and there’s no need to worry.

U.S. Treasury Secretary Steven Mnuchin said Sunday that he held individual calls with CEOs of the nation’s six largest banks, all of whom said their institutions had ample liquidity for lending to consumers, businesses and all other market operations despite the recent market turmoil.

The unusual statement, issued via the Treasury Department’s verified Twitter feed, also noted that Mnuchin would chair a meeting of the President’s Working Group on Financial Markets, which includes the Board of Governors of the Federal Reserve system, the Securities and Exchange Commission and the Commodities and Futures Trading Commission.

“We continue to see strong economic growth in the U.S. economy, with robust activity from consumers and business,” Mnuchin said in a statement. “With the government shutdown, Treasury will have critical employees to maintain its core operations at Fiscal Services, IRS and other critical functions within the department.” (source)

Mnuchin says everything is just fine but his statement actually made people more concerned than they were in the first place.

This conciliatory statement just made everything worse.

After Mnuchin’s confirmation of ample liquidity, the reactions went something like this:

To which, the collective response from the whole world seemed to be: “Wait, who said anything about not having ample liquidity?”

Mnuchin also said that the major banks “have not experienced any clearance or margin issues and that the markets continue to function properly.” Again, since few expected otherwise, the “clarification” from Mnuchin only seemed to sow more fear and confusion.

Mnuchin was scheduled to hold another call with the President’s Working Group on financial markets – commonly referred to as the “Plunge Protection Team” – which includes the Board of Governors of the Federal Reserve System, the Securities and Exchange Commission, and the Commodities Futures Trading Commission. He said that the FDIC and the Comptroller of the Currency might participate as well. “These key regulators will discuss coordination efforts to assure normal market operations,” Mnuchin’s statement said.

The curious statement intended to reassure the markets prompted the opposite response. “This is the type of announcement that raises the question of whether Treasury sees problems that the rest of the market is missing,” Cowen & Co. analyst Jaret Seiberg wrote in a note to clients. “Not only did he consult with the biggest banks, but he is talking to all of the financial regulators on Christmas Eve. We do not see this type of announcement as constructive.” (source)

Now, people in the know who may not have been particularly concerned have questions. Lots of questions.

President Trump’s Christmas message was certainly not uplifting.

The holiday greeting from the President included a few words about his displeasure with the Fed. Not only did he say he lacked confidence in Fed Chairman Jerome Powell, but he had a few other choice words about the increase in interest rates.

“They’re raising interest rates too fast, that’s my opinion. I shouldn’t have confidence. They’re raising rates too fast because they think the economy is so good. But I think they will get it pretty soon. I really do,” Trump said, a day after the Dow lost more than 650 points and fell 2.9 percent — the worst Christmas Eve performance ever.

“I mean, the fact is that the economy is doing so well that they raised interest rates and. President Obama had a very low-interest rate. We have a normalized interest rate, a normalized interest rate, it’s good for a lot of people. They have money in the bank, they get interest on their money,” he said. (source)

Some economic pundits see the 7th rate increase since President Trump took office as a sign that the Fed is deliberately trying to crash the economy and show Trump who is truly in charge.

And all of this isn’t affecting only poor people. The richest folks in the world lost more than $550 billion in 2018. Of course, it isn’t going to affect them like a similar percentage of wealth will affect us normies, but it’s still a startling sign of economic changes.

Things aren’t looking good today.

And as far as this morning goes, things are NOT looking up in the markets on the day after Christmas. Markets in Europe seem to be bracing themselves for upheaval today and stocks in China have already fallen. Bloomberg reports that US Futures are also looking shaky.

Let’s cross our fingers that things pick up throughout the day.

The entire thing is psychological warfare, according to Brandon Smith of Alt-Market.

…the goal of economic subversion is to break down the human mind and change it into something else; something less human or, at the very least, something less rebellious. One can only control people through debt and false rewards for so long before they start to recoil and revolt. Economic collapse, on the other hand, can change people fundamentally through persistent terror and through tragedy. Through trauma, the globalists hope to make men into monsters or robots.

The current system was never built to last. Our economy is designed to fail, yet few people seem to question why that is? They tell themselves that this is because greed has led the money elite to self-sabotage, but this is a fantasy. It is not just that the system is designed to fail, but that it is designed to fail according to an organized timetable. (source)

We’ve seen exactly this happening through the writings of our friend Jose, in the articles where he shares how the collapse of Venezuela went down. Actually, quite a few of the things that Smith writes about in his article can be clearly witnessed in the fall of Venezuela, right down to the replacement of the national currency with a government-controlled cryptocurrency.

What can you do?

This is the worst time possible to dig yourself further into debt. We’re on the brink of catastrophe unless a bunch of rabbits get pulled out of a bunch of hats. And even then, with the astronomical national debt, it would just be kicking the can a little bit further down the road, like paying off all your overdue Mastercard bills with your shiny new Visa.

My suggestions are this:

Find as many ways as possible to reduce your reliance on the system. I think we’re in for a bumpy 2019, but if I’m wrong, none of these recommendations is outrageous. In fact, all of them will increase your quality of life. So, what can it hurt to be ready?

Here’s hoping it will all be unnecessary.

via RSS http://bit.ly/2AhAOOA Tyler Durden

Vanadium Skyrockets After China Shocks Market With New Regulations

The global scramble for a little known metal called vanadium is officially underway.

The metal, which when used in small amounts can help strengthen steel significantly, is in high demand following new Chinese regulations on infrastructure and buildings. The new rules, which came as a result of a 2008 earthquake that devastated part of China, are aiming to phase out the use of low strength steel in building projects, according to the Wall Street Journal.

The market for the metal is very small, with about 80,000 metric tons produced each year. Roughly 90% of that is used in small amounts in projects like bridges and skyscrapers. While two years ago it cost less than $5 per pound, it surged as high is $29 per pound last month.

Supply of vanadium globally has been “drawn down to nearly nothing,” according to Jack Bedder, director at a London-based research and consulting firm.

The new Chinese regulations set out specifications for three high-strength grades of steel that each require vanadium. While many of the miners of this metal have been shut down, the surge in pricing is reinvigorating the interests of numerous companies. Macquarie group said that global demand for the metal could be up 25% in coming years.

About 14% of the world’s vanadium comes directly from mines and it is usually found along side of minerals like iron ore, coal and aluminum. It’s relatively abundant but it hasn’t been mined on its own because prices have been too low to make it worth it. As a result, the new boom has brought in smaller miners that are setting up next to major mines, like Energy Fuels’ Utah mill.

Curtis Moore, vice president of marketing and corporate development at Lakewood, Colorado’s Energy Fuels Inc., stated: “It’s hard to say whether we will have enough capacity to bring in other miners. Certainly we are open to it.”

The surge is also helping fuel and re-energize mining projects worldwide. At Energy Fuels, Inc., they plan to start collecting discarded vanadium from its mill in Utah. In addition to this, the miner is also going to be revisiting old mines that it has already shut down, but that also likely contain significant amounts of the metal.

Additionally, Largo Resources Ltd. in Brazil is spitting out record volumes of the metal from its Maracás Menchen mine and is aiming to lift its production capacity by 25%. The company, based in Toronto, is considering adding to its infrastructure and placing a new facility near its mine simply to focus on vanadium them.

Mark Smith, Largo’s chief executive said: “The market needs new production in a big way.”

via RSS http://bit.ly/2CCvDdy Tyler Durden

Apple Lost $11 Billion Buying Back Its Own Stock In 2018

There’s a funny thing about buybacks: when stocks are rising (and are therefore more expensive), companies have zero doubts  about repurchasing their own stock, especially if said purchase is funded with cheap debt. Of course, by repurchasing their stock, the price goes even higher making management’s equity-linked comp more valuable, which explains why management teams usually have no misgivings about allocating capital to this most simplistic of corporate uses of funds. However, when stocks fall, companies tend to clam down on buybacks due to fears that the drop may continue, forcing the CFO or Treasurer to explain his actions to the CEO or the board, and why they risked losses on capital (as well as getting a pink slip) instead of investing in “safer” corporate strategies like M&A, R&D or capex.

The irony, of course, is that companies should not be buying back stocks when the stock is rising (as that’s when it is more expensive), and accelerate repurchases when it is dumping. And yet, that virtually never happens in reality as management teams, like most investors and algos, tend to chase momentum and direction. Meanwhile, confused by underlying pricing mechanics, management – which is singlehandedly responsible for the levitation in the stock price with its buybacks – then watches its stock price tumble even more one stock repurchases are halted.

But the “funniest” moments are reserved for when companies spent tens of billions on stock repurchases then had the rug pulled under from under the market – and their stocks – resulting in billions in unbooked losses on invested capital.

And in 2018, there has been no company that has had a greater share of “funny” buyback moments than Apple, which as we reported recently, accounted for 24% of all buyback growth in the first half of 2018, a year that will go down in history books for a record $1+ trillion in stock repurchase announcements and over $700 billion in executed buybacks.

The reason is that having spent tens of billions on buying back its own stock, Apple – the year’s most aggressive stock repurchaser – has lost more than $9 billion this year on an underperforming investment: its own stock.

Like many large companies, Apple has used much of its windfall from 2017 tax reform to buyback shares. But, as so often happens, the recent plunge in stock prices has made that look like a bad idea. Apple and companies including Wells Fargo, Citigroup and Applied Materials repurchased their own shares at near record prices, only to see their value decline sharply.

In effect, the WSJ notes, “the market has told them they overpaid by billions of dollars.” And nobody has been hit more by the plunge in overvalued Apple stock than Apple itself (and perhaps Warren Buffett).

While buyback advocates and companies contend that buybacks are a good way to return excess capital to shareholders and that the paper losses can reverse themselves if their stocks rebound, those advocates are clearly unfamiliar with the rise and fall – literally – of IBM stock in the period when the company would buy back its stock, and then after it no longer could as it had accumulated too much debt; additionally the sharp stock declines call into question their decision to devote so much of their tax savings to buybacks, rather than using it to invest in their businesses, raise employee pay or pay higher dividends.

“If they made an acquisition that decreased in value this much, people would be up in arms,” Nell Minow, vice chairwoman of ValueEdge Advisors, told the WSJ. “They have one job, and that is to make good use of capital.”

And, with a handful of exceptions, few companies have made worse use of capital than those who spent billions and billions on repurchasing their own stock this year: indeed, when the market was riding high, companies bought back shares at a furious pace, juiced by the tax savings they reaped from the December 2017 passage of the Tax Cuts and Jobs Act. The law enriched companies by slashing the corporate tax rate to 21% from 35% and making it easier for firms such as Apple to shift foreign earnings to the U.S.

S&P 500 companies bought back $583.4 billion worth of their own shares in the first nine months of 2018, according to S&P Dow Jones Indices, up 52.6% from the same period in 2017. As a result, nearly 18% of S&P 500 companies reduced their share counts by at least 4% year-over-year, according to S&P Dow Jones Indices.

Apple, having lost its vision to create “must have” gizmos and picking financial engineering instead, spent $62.9 billion on buybacks in the first nine months of 2018, according to securities filings.

But the subsequent selloff has pummeled its shares, and as a result the company’s repurchased shares were worth about $51.8 billion as of Thursday’s trading, some $11 billion less than it paid for them as Apple repurchased shares at monthly average prices as high as $222.07, according to securities filings. The stock was trading at $151.27 on Thursday.

Apple advocates were quick to defend the company:

Apple makes iPhones. Timing the market is not what they do,” said Howard Silverblatt, senior index analyst at S&P Dow Jones Indices. Companies that try to time the market in buying back shares “are going to be in the red at times.”

Still, with Apple promising to invest $30 billion in the US and create 20,000 US jobs over the next five years, that’s $10 billion the company could have used toward said noble goal instead of providing a one-time transitory boost for its shareholders.

To be fair, it’s not just Apple as some big banks have encountered the same issue. Wells Fargo spent about $13.3 billion on buybacks from January through September for shares now worth $10.6 billion, about $2.7 billion less than they paid. Citigroup spent $9.9 billion on buybacks in the nine-month period for shares now worth about $7.1 billion, about $2.8 billion less.

As the WSJ notes, both banks bought back some shares at monthly average prices that weren’t far below their 52-week highs, and both companies’ share prices have fallen well below those levels. Wells and Citigroup declined to comment, although it would be interesting to hear their thoughts on why they were buying back stock at multi-year highs instead of saving the dry powder for when the stocks dropped… Unless, of course, the stocks would never have been near 52 week highs if it weren’t for the buybacks (spoiler alert: that’s exactly the case).

Other tech companies were also sucked in by the siren song of rapid stock price appreciation and Applied Materials spent $4.5 billion for shares now worth $2.7 billion—about $1.8 billion less. The stock has declined 40% this year. Applied Materials bought back many of its shares for prices above $50; the stock closed Wednesday at $30.64.

And as noted above, now that the market is sliding and many of these stocks are tumbling, management teams have suddenly stopped repurchasing shares. Furthermore, while it is possible some companies may take advantage of the currently beaten-down prices to buy back more shares, many companies are heading into their pre-earnings blackout period, when they can’t buy back stock because they know what their forthcoming quarterly earnings will look like.

And companies remain nervous about the volatility in stock prices, Mr. Silverblatt said. “It’s hard to fight the market.”

In other words, the math is simple: corporate buybacks are no better timers than the average retail investor who buys near the all time high, and then sit quietly when the stock is tumbling and they should be buying.

But the bigger question is whether Apple has been shamed enough into halting buybacks for good. If so, watch out for the news that Warren Buffett has sold his entire investment, which he only made expecting to frontrun AAPL management… exactly the same reason why he bought IBM when he did, and why he dumped it at a major loss a few years later when IBM management made it clear it was done spending billions on stock repurchases.

via RSS http://bit.ly/2EN4RR4 Tyler Durden

EXCLUSIVE: Read Desperate Emails From People Scammed by A.G. Matt Whitaker’s Business Associates

When current acting U.S. Attorney General Matt Whitaker joined the advisory board of a Florida patent firm in 2014, he was quoted in a company press release saying he “would only align myself with a first class organization.”

Three years later, the company was shut down, but not before it bilked hundreds of customers, some of them elderly veterans, out of millions of dollars.

In response to a public records request to the Florida Attorney General’s Office, Reason received 47 pages of consumer complaints regarding World Patent Marketing. The complains date from 2014, when Whitaker joined the firm’s advisory board, to 2017, when the Federal Trade Commission (FTC) shut the firm down for deceptive business practices.

Read the consumer complaints here.

An FTC investigation concluded that the Miami patent firm scammed 1,504 customers out of more than $26 million in its three years of existence.

“After stringing consumers along for months or even years, the defendants did not deliver what they promised,” the FTC wrote in a press release announcing its May court settlement in its case against WPM, “and many people ended up in debt or lost their life savings with nothing to show for it.”

Whitaker received quarterly payments of $1,875 for his role on the board.

Whitaker, who was not named in the FTC complaint, told agency investigators that his role at the company was minimal. However, in at least two instances Whitaker sent emails to irate customer invoking his experience as a former U.S. Attorney to threaten them.

WPM used Whitaker’s name to both burnish its credentials and scare the many customers who said the company took their money and never delivered on its promises. The complaints to the Florida Attorney General show dozens of victims, some of them elderly, who fell prey to the company’s tactics.

“My husband and I sent this company a lot of money,” a woman from Beardstown, Illinois, who paid WPM $14,000, wrote to the Florida attorney general. “We do not have a lot of money. My husband has been very very stressed about this situation since January 15, 2015. We understand it is now in receivership and we are unsure what that means. Can you help us? My husband is a disabled Vietnam veteran.”

“I’ve given them $25,000 of a $35,000 aside from the initial fee of $1995 and haven’t sent the balance because I asked for my money back about a dozen times for lack of services and all I get are empty promises,” a man from Ormond Beach, Florida, wrote. “I look forward to hearing from you regarding this unamerican act against a 75 year old veteran.”

“My husband, who is a retired veteran allowed me to use our savings for a product we still believe will benefit this country, including globally,” a woman from Tacoma, Washington, wrote. “My fear of course, the have taken my money and never intended to file the patent. I have made numerous phone calls and they don’t respond.”

One customer forwarded a letter sent to him by WPM threatening legal action after he repeatedly contacted the company trying to get his money back.

“I am writing to you on behalf of World Patent Marketing (‘WPM’),” an email from the “fraud department” of WPM reads. “This is a cease and desist letter, directing you to stop your defamation and libel of the company on Facebook and/or other forms of media. Should you continue, we will have to seek legal action against you for claims that include breach of contract, extortion, defamation, and tortious interference.”

It was a common tactic. The FTC claimed in court filings that WPM CEO Scott Cooper, in an apparent attempt to intimidate people, would brag about how his company’s security team was made up of ex-Israeli special forces trained in Krav Maga. “The World Patent Marketing Security Team are the kind of guys who are trained to knockout first and ask questions later,” he wrote in one email filed in court by the FTC.

The terms of the FTC settlement require Cooper to pay $975,000 in restitution to his victims, a fraction of what WPM ultimately took from people.

from Hit & Run http://bit.ly/2ET2TQg
via IFTTT

The ECB’s Quantitative Easing Was a Failure, Here Is What It Actually Did

Submitted by Daniel Lacalle, via Mises.org

The main reason why the ECB quantitative easing program has failed is that it started from a wrong diagnosis of the eurozone’s problem. That the European problem was a demand and liquidity issue, not due to years of excess.

The ECB had been receiving tremendous pressure from banks and governments to implement a similar program to the US’ quantitative easing, forgetting that the eurozone had been under a chain of government stimuli since 2009 and that the problem of the euro-zone was not liquidity, but an interventionist model.

The day that the ECB launched its quantitative easing program, excess liquidity stood at 125 billion euro. Since then it has ballooned to 1.8 trillion euro.

“Only” after 2.6 trillion euro purchase program and ultra-low rates.

Eurozone PMIs are atrocious. The euro-zone index falls from 52.7 in November to 51.3 in December, well below the consensus forecast of 52.8. More importantly, France’s PMI plummeted from 54.2 in November to a 34-month low of 49.3.

Unemployment in the euro-zone, at 8%, is double that of the US and comparable economies. Youth unemployment rate remains at 15%.

Economic surprise has plummeted as the ECB balance sheet reached 41% of GDP (vs 21% of the Fed).

More than 900 billion euro of non-performing loans remain in the banking system, which keeps a trillion euro timebomb in its balance sheets (read). A figure that represents 5.1% of total loans compared to 1.5% in the US or Japan.

Deficit spending is rising. Government debt to GDP has risen to 86.8%.

The number of zombie companies -those that cannot pay interest expenses with operating profits- has soared to more than 9% of all large quoted firms, according to the BIS.

Sovereign states have saved around one trillion euro in interest expenses, but have spent all those savings. Today, almost no eurozone country can absorb a modest rise in interest rates, and Italy, Spain, France, Portugal, Slovenia, and others are demanding more spending and more deficits.

There is no real secondary market demand for eurozone sovereign bonds at these yields. At the peak of its quantitative easing program, the Federal Reserve was never the sole buyer of Treasuries. There was always a relative secondary market. In the Eurozone, the ECB has been 7 seven times the net issuances of sovereigns. No investor is likely to buy eurozone sovereign bonds at these yields once the ECB steps down.

Eurozone growth and inflation estimates have been revised down again in December. Industrial production has fallen sharply.

Trichet, the ECB’s predecessor to Mario Draghi, had lowered interest rates from 5% to 1%, injected billions into the economy, buying sovereign bonds in 2011.

What has the ECB been successful at?

  • Keeping the euro alive. Not a small success, by the way. The risk of break-up has been contained but not eliminated.
  • Maintaining government spending at low rates. However, at the expense of savers and salaries.
  • Generating a sense of euphoria in financial markets, with high yield and sovereign bonds soaring.
  • Wages in the euro-zone have increased below inflation since QE launched and into the third quarter of 2018. In fact, low inflation has been the biggest unintended success of the ECB. It could have been worse.
  • The biggest “success” of the ECB has been the massive bailout of governments at the expense of savers.

We also have to agree that Mario Draghi has been reminding governments that they needed to implement structural reforms, use the period of low rates to deleverage and repeating constantly that monetary policy will not work without reforms. No one listened. It was party time, and cheap money attracts bad decisions.

A Never-Ending Government Stimulus

With public spending averaging over 46% of GDP, an annual deficit of over 1.7% on average, and 86% debt, talking about austerity is like eating a box of cakes and calling it “diet”.

The tax burden in this period has been raised throughout the EU (with honorable exceptions, such as Ireland) with an average tax wedge of 45% for workers and 40% on companies.

The United States, at the peak of the crisis, spent 43% of GDP (the EU, 50%) and dropped it to 34%, and that with 21% of the budget in 2009 dedicated to defense.

The EU has been a Keynesian stimulus machine before, through and after the crisis.

1) A massive stimulus in 2008 in a “growth and employment plan”. A stimulus of 1.5% of GDP to create “millions of jobs in infrastructure, civil works, interconnections and strategic sectors”. 4.5 million jobs were destroyed and the deficit nearly doubled.

Between 2001 and 2008, money supply in the euro-zone doubled.

2) Two massive sovereign bond repurchase programs with Trichet as ECB President, interest rates down from 4.25% to 1% since 2008. Poor Trichet. Trichet purchased more than 115 billion euros in sovereign bonds.

3) An additional mega stimulus from the ECB, in addition to the TLTRO liquidity programs with Draghi, which has taken sovereign bonds to the lowest yields in history and purchased almost 20% of the total debt of some major states.

The problem of the European Union has never been a lack of stimuli, but an excess of them.

As government expenditure and unproductive investments multiplied, overcapacity remains at levels of 20% and the constant errors of interventionism leave the euro-zone after the biggest monetary experiment in its history with the same high tax wedge and obstacles to the productive sectors.

The end of the ECB QE leaves the euro-zone in a weaker position than it was in 2011. Because fiscal space has been exhausted and the ECB, with its balance sheet at 41% of the euro-zone GDP and ultra-low interest rates, has also exhausted its monetary tools.

The end of QE does not just show the failure of the ECB’s policy. It highlights the failure of governments’ economic policies.

Governments should implement growth-oriented reforms lowering taxes and attracting capital. Many will not. Most will likely decide, again, that they need to spend more. Fail, repeat.

via RSS http://bit.ly/2Aijwkp Tyler Durden

New Useless and Costly USDA Bioengineered Food Disclosure Regulations Issued

BEUSDAThe U.S. Department of Agriculture (USDA) has just issued its new National Bioengineered Food Disclosure Standard (NBFDS). “The NBFDS is not expected to have any benefits to human health or the environment,” admits the agency. “Nothing in the disclosure requirements set out in this final rule conveys information about the health, safety, or environmental attributes of BE [bioengineered] food as compared to non-BE counterparts,” adds the USDA.

But wait, there’s more. A study commissioned by the agency reported that “USDA estimates that the costs of the proposed NBFDS would range from $598 million to $3.5 billion for the first year, with ongoing annual costs of between $114 million and $225 million. The annualized costs in perpetuity would be $132 million to $330 million at a three percent discount rate and $156 million to $471 million at a seven percent discount rate.”

The regulations apply to foods derived from crops and animals that have had genes added to them for such beneficial attributes as faster growth, and disease, pest, and herbicide resistance.

So why is the agency doing this? Because Congress passed legislation back in 2016 pre-empting the proliferation of even more onerous state-based disclosure regulations on genetically enhanced crops and livestock. For example, complying with Vermont’s 2014 labeling regulations would have cost the food industry between $1.9 billion and $6.8 billion in the first year alone.

So not only are the new regulations useless, implementing them will jack up food prices for consumers. Happy New Year.

from Hit & Run http://bit.ly/2GJEGxz
via IFTTT

Is There a First Amendment Right To Tell Your Team They ‘Fucking Suck’?

Two brothers allege in a federal lawsuit that police officers working a Giants-49ers game last year in Santa Clara, California, violated their First Amendment rights and arrested them without cause, using excessive force in the process.

Patrick and Kyle Flynn’s lawsuit, filed December 21 in the San Jose Division of the U.S. District Court for the Northern District of California, raises an interesting question: Does the First Amendment protect a sports fan’ right to flip off their team in public and tell them they “fucking suck?”

Short answer: It’s hard to tell.

Long answer: It depends on a variety of factors, including whether the fans were aware they had to follow a code of conduct, the ownership of the venue (Is it publicly or privately owned?), and the nature of their behavior.

Some background: The Flynn brothers, both Giants fans, had field-level seats when the 49ers hosted the Giants on November 12, 2017, at Levi’s Stadium. Both teams were going through a rough stretch. The Giants, who had gone into the year with somewhat high expectations after making the playoffs the season prior, were one of the worst teams in the National Football League at 1-7. The 49ers were expected to be near the bottom of the standings, and they were, at 0-9. But in a battle of the bottom-feeders, the 49ers prevailed, defeating the Giants 31-20.

Disgusted by their team’s poor play during the game, the Flynn brothers flipped off Giants players and yelled “you fucking suck” at them, according to the lawsuit. They were warned by Santa Clara Police Officer Nicholas Cusimano to stop, which they did for a time. Neither brother, the suit says, was “warned that further similar behavior would lead to ejection or arrest.” In the fourth quarter, after the 49ers scored a touchdown to take a commanding 31-13 lead, the Flynns were back at it.

At that point, Cusimano called for more officers to help him eject both Flynns. Two officers approached Kyle Flynn, who refused to get up from his seat. One officer choked him, the suit claims, “despite no evidence that Kyle was a danger to himself, others, or the officers.” The officers were eventually able to handcuff Flynn and take him to a holding facility beneath the stadium. While detained, he kept verbally protesting and was thus placed “in a total body restraint called a WRAP which immobilizes the legs and upper torso,” according to the suit. Flynn was charged with resisting arrest, but the charge was dropped earlier this month.

His brother Patrick, meanwhile, “protested the officers’ brutality by shouting at them and pointing at them,” the suit says. He walked down the aisle to the bottom of the section and took a knee next to the railing that divides the seats from the field. The officers told Flynn he had to leave, and when he refused, they allegedly tried to pull him away from the railing. Two officers then appear to push and then pull Patrick Flynn over the railing and onto the field. The suit alleges that while Flynn was on the ground, officers struck and tased him before taking him to the holding facility.

Video footage taken by a witness and shared with NJ.com shows Flynn being push off the stands by police.

In the aftermath of the incident, Patrick Flynn was charged with several counts of battery on a police officer, as well as resisting arrest. It’s unclear whether the charges are still pending.

Another fan involved in the altercation was Lauren Alcarez, who attended the game with the Flynn brothers. While police were trying to detain Patrick, one officer allegedly beat him on the hands with his baton. Alcarez knew that Flynn had recently suffered a broken left hand, and after unsuccessfully telling the officer to stop, she “grabbed at the baton,” the suit says. In response, the officer “twisted the baton in order to free Ms. Alcarez’s grip on it,” then “elbowed Ms. Alcarez in the chest and shoulder, driving her backward.” Alcarez was taken into custody as well and eventually charged with obstruction of justice.

Alcarez and both Flynn brothers accuse police of using excessive force to falsely arrest them, as well as battery and “negligent infliction of emotional distress.” They may have a case, if the officers did indeed do what they claim.

As for Kyle and Patrick’s First Amendment allegations? Let’s just say there’s no clear answer. The suit reads:

Patrick Flynn’s and Kyle Flynn’s comments and gestures directed towards the New York Giants players, as well as Patrick Flynn’s decision to “take a knee,” were protected First Amendment expression. Patrick Flynn’s and Kyle Flynn’s exercise of their protected First Amendment rights angered defendants. Patrick Flynn and Kyle Flynn are informed and believe, and thereon allege, that the officers subjected them to the above-described treatment in retaliation for, and as punishment for, their exercise of their protected free speech rights, and to deter them from asserting their First Amendment rights in the future.

As I alluded to earlier, there are several factors at play. For one thing, the Flynn brothers claim they weren’t warned about being ejected. Yet the stadium’s code of conduct, which is posted online, bans “obscene or abusive language and/or behavior.” According to the stadium’s “ejection process,” violating that code is cause for ejection. The brothers admit to yelling “you fucking suck” and flipping off the Giants players. Such behavior might not be abusive, but it probably does rise to the level of obscene.

But is the code of conduct enforceable? That depends in part on the ownership of the stadium. The New York Times noted in 2012 that teams with “privately owned” stadiums are likely within their rights to ban certain fan behavior. “But many stadiums and arenas constructed with some public financing, or built on state land or land operated by a municipal authority, could be viewed as public entities,” the Times added. “In that setting, a government cannot force citizens to surrender constitutional rights like free speech.”

So who owns Levi’s Stadium? According to one calculation, construction of the $1.3 billion facility was largely paid for with private funds, though 12 percent was publicly financed. More importantly, the stadium itself is owned by the City of Santa Clara, who leases it out to the 49ers.

This would seem to suggest the Flynn brothers were well within their rights to shout obscenities. But the exact nature off their behavior also matters. While the Constitution allows for free speech, its protections generally don’t apply to fighting words, threats, or incitements.

The Flynn brothers don’t appear to be guilty of any of those things. They may have been unruly (NJ.com suggested they were both drunk), but their actions probably wouldn’t have provoked a violent response from the Giants players, who had been hearing some iteration of “you suck” all year.

Could their actions be classified as harassment? Possibly, though UCLA law professor Eugene Volokh (of Volokh Conspiracy fame) has argued that harassment laws are unconstitutional.

All this to say that it’s hard to predict whether the Flynn brothers will win their lawsuit. According to the Times, there’s not much legal precedent because 1) most fans who get ejected are not arrested and 2) related cases have been settled out of court by defendants who are wary of a precedent being set at trial.

from Hit & Run http://bit.ly/2SnGqOl
via IFTTT

Surprisingly Strong 7Y Auction Sees Surge In Foreign Demand

After Monday’s ugly 2Y and Wedensday’s abysmal 5Y auction, moments ago the Treasury sold $32 billion – a record amount for this tenor – in 7 Year paper in a surprisingly strong sale, which stopped 0.8bps through the When Issued, the biggest stop through going back to January’s 1.2bps, a major difference to yesterday’s whopping 2bps+ tail, which came at a time when stocks were soaring and TSYs were being dumped by rebalancing pension funds and other investors. The top-line strength was surprising as this was the lowest stop since the 2.565% in January’s 7Y auction, and sharply below November’s 2.974%.

Like yesterday, the auction saw a drop in the Bid to Cover, although far less than the 5Y’s near record 1-month drop, with today’s 7Y pricing at a bid to cover of 2.459, down from 2.551 in November and below the 2.51 6 auction average.

The internals is where the auction was strongest, with Indirects taking down 67.4%, the highest since January, and well above the past 6 auction average of 61.3%. Directs dropped from last month’s near record 27.0%, sliding to 14.6%, leaving Dealers holding 18.0% of the auction, above last month’s 16.3%, but below the recent average of 23.5%.

Overall, a surprisingly solid auction which was surely helped by the rout in the market, and a welcome reversal from two abysmal auctions which had sparked concerns that we may be seeing the start of a mini rebellion in the US Treasury market.

And with that the debt issuance calendar for 2018 is now closed, and bond traders can look toward calendar 2019 when well over $1 trillion in bond issuance will have to be digested.

via RSS http://bit.ly/2ESURqr Tyler Durden