Andrew Napolitano on CIA Spying, Lying, and Torture

About four months ago, California Democrat Dianne Feinstein,
chairwoman of the Senate Select Committee on Intelligence, went to
the Senate floor and accused the CIA of committing torture during
George W. Bush presidency and of spying on the committee that she
chairs as it was examining records of that torture. CIA Director
John Brennan responded by denying both charges. But last week, on a
sleepy summer Friday afternoon, President Obama admitted that the
CIA had tortured people. Shortly thereafter, Brennan admitted that
the CIA had spied on the Senate. Then the president said he still
has “full confidence” in Brennan.

This is approaching a serious constitutional confrontation
between the president and Congress, writes Andrew Napolitano. Can
the president’s agents lawfully spy on Congress? Of course not. Can
the CIA lie to Congress with impunity? Only if Congress and the
Department of Justice let it do so.

View this article.

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The US Needs to Stop Meddling in Russia-Ukraine Politics

By EconMatters

 

West Point Speech & Foreign Policy Philosophy

 

It is ironic that President Obama in his West Point speech posited that the US couldn`t be the world`s police, and intervene in every single dispute all over the globe; and yet his foreign policy approach has ended up getting involved in every single dispute all over the world.

 

 

  

 

 

The worst possible approach is to give Putin more credibility at home by leveling sanctions and upping the stakes politically for Putin for staking American interests with Ukraine`s independence from Russian influence.

 

If an Enemy is Self-Destructive, Don`t get in their Way!

 

If Russia is stupid enough to get heavily involved in trying to dictate Ukraine’s future, then let him get all bogged down with this scenario as eventually market forces will determine the course for Ukraine. Just like the US in Vietnam, Russia in Afghanistan, or the breakup of the former U.S.S.R. eventually market forces will win the day if left alone, and even if not left alone, getting in the way just prolongs the inevitable because of ‘sunk-cost’ issues that slow down market forces that would otherwise prevail.

 

But by the US giving all this attention to the issue, and showing that this means so much for our interests this just reinforces Putin`s thinking that Ukraine is one heck of a key strategic piece that he must put more resources and energy towards trying to secure or align with Russia`s future status on the world stage.

 

Cost/Benefit for Putin has Changed because of US Involvement 

 

If left alone to his own devices, he will find the headache is not worth all the time and energy, not to mention scarce Russian resources, when the US just says fine you can have Ukraine if you want, we don`t care, knock yourself out Putin, get bogged down in a civil war with Ukraine, good luck with that! 

 

It is reverse psychology at its finest, the more premium you place a ‘value of importance’ on an issue, in this case Ukraine being aligned with Europe and the US, the more Putin wants to ensure that this doesn`t happen, and his cost/benefit analysis has entirely different dimensions and inputs. 

 

It has gotten to the point that Putin now calculates many scenarios where it is worth his time to be bogged down in the Ukraine conflict which just a year ago wouldn`t have been near as attractive for him. He remembers the breakup of the Soviet Union, he remembers Afghanistan, and he understands these types of ‘fighting against market forces campaigns’ that just eat up valuable resources year after year where no real political progress is ever made. He wasn`t waking up early each morning thinking to himself, ‘Gee I cannot wait to get bogged down in a civil war with Ukraine’!

 

Ego shouldn`t dictate Best Foreign Policy Approach or Re-Approach!

 

The President will never do it because it might make his ego look bad regarding his prior strategy, but Russia isn`t the same as the Iran situation, Ukraine is right in their proverbial backyard and sanctions are a waste of time here. It actually would be brilliant by Obama if he just changed course and said fine, after careful consideration if Russia is that interested in getting bogged down in Ukrainian politics, while the rest of the world is interested in growing their economies, then go for it as the US will no longer be invested in whatever market forces prevail in the region. 

 

In other words, the US devalues the strategic importance of Ukraine overnight, and eventually Russia discovers that trying to fight against Ukrainian independence isn`t all it’s cracked up to be! It’s not like Ukrainian independence has ever been that strategically important currently versus the last 50 years of history, it really isn`t that strategically valuable to the United States compared to all the bluster, hype, sanctions, and drama that this administration has projected onto this issue! 

 

President Obama only has himself to blame on this one, and hopefully he doesn`t double down from an ego perspective and make the situation worse, drama often creates drama where it wouldn`t otherwise be – remember the Middle East Spring and all that created drama, left alone things went back to normal as market forces dictated that pretty much business went back to usual in the region, and nothing really changed once people got bored with protesting and rioting as a profession. 

 

Reverse Psychology & Market Forces

 

Just leave market forces to decide the fate of Ukraine President Obama you might just be surprised how the outcome that the US wants in the region comes to fruition much sooner by being left to its own devices – that’s the beauty of market forces. 

 

The Vietnam outcome was always going to be the same because the true market forces were always going to prevail, the US and Russia just delayed the inevitable outcome in the region. If President Obama wants to deescalate the Ukrainian-Russia conflict he should just back off and completely reverse course on the sanctions, it is reverse psychology at play, the analogy is one of a girlfriend who dumps the guy, and the guy goes overboard trying to get her back, this only reinforces in her mind that he is a ‘loser’, and she must be so much more ‘valuable’ on the open market if he is so distraught over the breakup!

 

President Obama through his actions has created a market where it previously didn`t exist from a value standpoint in the Ukraine, and now he and the United States are the ones bogged down in the conflict, and not Russia. Russia in effect through Obama`s actions have realized ‘found value’ right in their backyard – shoot Ukraine used to just be a headache for Russia, now it is a headache with global strategic value thanks to the United States.

 

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via Zero Hedge http://ift.tt/1syFHY3 EconMatters

Too Big to Fail Has NOT Ended … It’s Only Gotten WORSE

Last week, Paul Krugman said too big to fail is over:

There was indeed a large-bank funding advantage during and for some time after the crisis, but it has now been diminished or gone away — maybe even slightly reversed. That is, financial markets are now acting as if they believe that future bailouts won’t be as favorable to fat cats as the bailouts of 2008.

 

This news is part of broader evidence that Dodd-Frank has actually done considerable good, on fronts from consumer protection to bank capitalization ….

But as David Dayen notes, Krugman’s stretching the facts:

The report [that Krugman relies on for his claim that too big to fail] doesn’t really say that future bailouts won’t be as favorable to the fat cats, or even that market participants believe that: it does say that large financial institutions would likely continue to enjoy lower funding costs than their counterparts in times of high credit risk (see page 40). Furthermore, the report so completely second-guesses itself that it shouldn’t be taken as evidence of anything, as the report itself states in numerous spots. Presumably a Nobel Prize winner has come across reports with muted conclusions before and would know not to get too far out in front of the facts by amplifying them.

 

***

 

The report did not say that the advantage has “essentially disappeared.” GAO ran 42 models to try and assess the subsidy. In 2013, 18 of those models effectively tested positive for the subsidy, 8 tested negative, and 16 showed nothing. That’s fairly inconclusive, and not at all as definitive as Krugman makes it.

 

***

 

Gretchen Morgenson reported on the same study in the news, and managed to get it right, contrawhat Krugman thought he could get away with on the op-ed page.

(GAO’s) methodology was convoluted and its conclusions hardly definitive. The report said that while the big banks had enjoyed a subsidy during the financial crisis, that benefit “may have declined or reversed in recent years.” […]

 

The trouble with this mishmash is that big bankers and even policy makers will cite these figures as proof that the problem of too-big-to-fail institutions has been resolved. Mary J. Miller, the departing under secretary for domestic finance at the United States Treasury, wrote in a letter about the report: “We believe these results reflect increased market recognition of what should now be evident — Dodd-Frank ended ‘too big to fail’ as a matter of law.”

 

Not exactly. As the report noted, the value of the implied guarantee varies, skyrocketing with economic stress (such as in 2008) and settling back down in periods of calm.

 

In other words, were we to return to panic mode, the value of the implied taxpayer backing would rocket. The threat of high-cost taxpayer bailouts remains very much with us.

There’s more: Morgenson actually watched the hearing about the report, and found credible questioning of GAO’s methodology, in particular the narrow way in which they defined the subsidy as entirely about lower debt costs, instead of the lower cost of equity and benefits to stockholders. I’ve also heard that bond prices, with their focus on immediate-term risk, are simply an inaccurate indicator of short-term borrowing costs, particularly those in the securities lending markets.

And a few days after Krugman wrote his piece, the Washington Post reported:

Eleven of the biggest U.S. banks have no viable plan for unwinding their businesses without rattling the economy, federal regulators said Tuesday, ordering the firms to address their shortcomings by July 2015 or face tougher rules.

 

***

The Federal Reserve and the Federal Deposit Insurance Corp. called the banks’ resolution plans, or “living wills,” “unrealistic or inadequately supported.” They said the plans “fail to make, or even to identify, the kinds of changes in firm structure and practices that would be necessary to enhance the prospects for” an orderly resolution.

 

***

 

“Each plan being discussed today is deficient and fails to convincingly demonstrate how, in failure, any one of these firms could overcome obstacles to entering bankruptcy without precipitating a financial crisis,” Thomas M. Hoenig, vice chairman of the FDIC, said in a statement Tuesday.

 

***

 

Regulators, especially Hoenig at the FDIC, worry that banks are generally larger, more complicated and more interconnected than they were before the meltdown.

 

***

 

And the average notional value of derivatives for the three largest firms exceeded $60 trillion at the end of 2013, up 30 percent from the start of the crisis.

 

***

“There have been no fundamental changes in their reliance on wholesale funding markets, bank-like money-market funds, or repos [repurchase agreements], activities that have proven to be major sources of volatility.”

David Stockman – Ronald Reagan’s budget director – writes:

the giant regulatory diversion known as Dodd-Frank has actually permitted the TBTF banks to get even bigger and more dangerous. Indeed, JPM and BAC were taken to their present unmanageable size by regulators—ostensibly fighting the last outbreak of TBTF—who imposed or acquiesced to the shotgun mergers of late 2008.

 

So now these same regulators, who have spent four years stumbling around in the Dodd-Frank puzzle palace confecting thousands of pages of indecipherable regulations, slam their wards for not having sufficiently robust “living wills”. C’mon! This is just another Washington double-shuffle.

 

The very idea that $2 trillion global banking behemoths like JPMorgan or Bank of America could be entrusted to write-up standby plans for their own orderly and antiseptic bankruptcy is not only just plain stupid; it also drips with political cynicism and cowardice. If they are too big to fail, they are too big to exist. Period.

And Michael Winship notes:

In The New York Times, columnist Gretchen Morgenson writes, “Six years after the financial crisis, it’s clear that some institutions remain too complex and interconnected to be unwound quickly and efficiently if they get into trouble.“It is also clear that this status confers financial benefits on those institutions. Stated simply, there is an enormous value in a bank’s ability to tap the taxpayer for a bailout rather than being forced to go through bankruptcy.”

 

Morgenson adds, “Were we to return to panic mode, the value of the implied taxpayer backing would rocket. The threat of high-taxpayer bailouts remains very much with us.”

 

Financial professionals echo her concern. Camden Fine, president and CEO of the Independent Community Bankers of America, notes in American Banker (not without self-interest) that while the size of big bank subsidies may have “diminished since the crisis … the larger point is that the biggest and riskiest financial firms still have a competitive advantage in the marketplace. They can still access subsidized funding more cheaply than smaller financial firms because creditors believe the government would bail them out in the event of a crisis. No matter how you cut it, a subsidy is a subsidy. And this subsidy is one that puts the American taxpayer on the hook. …

 

“Meanwhile, the largest financial institutions are only getting bigger. According to our analysis of call report data from the Federal Deposit Insurance Corp., since the end of 2009, the assets of the six largest financial institutions have grown each year. Their total assets rose from $6.41 trillion in 2009 to $7.22 trillion in 2014 — a total increase of $800 billion. The top six banks are also responsible for more than half of the $2 trillion increase in total U.S. banking assets in the years since 2009.”

 

***

 

As Senators Brown and Vitter stated, “Today’s report confirms that in times of crisis, the largest megabanks receive an advantage over Main Street financial institutions. Wall Street lobbyists may try to spin that the advantage has lessened. But if the Army Corps of Engineers came out with a study that said a levee system works pretty well when it’s sunny — but couldn’t be trusted in a hurricane — we would take that as evidence we need to act.”

We’ve noted for years that, the Dodd-Frank financial “reform” bill is a joke which:

  • Was just a P.R. stunt which didn’t really change anything




via Zero Hedge http://ift.tt/1syFFPR George Washington

Meet OIRA – The Secretive White House Office With Disturbing Regulatory Powers

Submitted by Mike Krieger via Liberty Blitzkrieg blog,

But in practice, OIRA operates largely in secret, exempt from most requests under the Freedom of Information Act. It routinely declines to release the changes it has proposed, the evidence it has relied upon to make them, or the identities and affiliations of White House advisers and other agencies’ staff it has consulted. OIRA doesn’t even disclose the names and credentials of its employees other than its two most senior officials.

 

In 2013 the Administrative Conference, an independent federal agency that reviews government administrative processes, released a study of OIRA’s effect on the application and interpretation of science the agencies gather and analyze to write rules. In examining a group of air-quality regulations, the study found that most of OIRA’s suggestions involved substantive changes. The report concluded that in some instances, the office has proposed changes to the basic science underlying the rules. These included revising numbers in tables created by the EPA, altering technical discussions and recommending different standards altogether.

 

– From ProPublica’s extremely important article: Lobbyists Bidding to Block Government Regs Set Sights on Secretive White House Office.

Have you ever heard of the Office of Information and Regulatory Affairs, otherwise known as OIRA? Yeah, neither had I.

As someone who prides himself on being a relatively informed citizen, it is always shocking and disturbing when I learn of a powerful organization operating in the shadows of America’s faux democracy with which I am almost entirely unfamiliar. While I’m sure I’ve read many articles in which OIRA was mentioned, I had never fully understood exactly what it is, and how it is used by lobbyists and large corporate interests to further entrench the established oligarchic power structure. We can thank ProPublica for providing this service.

Let’s start off with a little background. OIRA was created in 1980, and shortly thereafter the Reagan administration greatly expanded its powers by signing an executive order that gave the office the authority to review all federal rules. Ever since then, it has been used to rewrite or entirely block regulations from almost every regulatory body imaginable. While the initial idea of a government body to review newly proposed regulations and gather additional feedback before implementation is a noble one, in practice it has amounted to nothing more than the censorship of science in the name of protecting large corporate interests. Most importantly, all of this happens in total darkness.

For example, ProPublica notes that OIRA is disturbingly exempt from most requests under the Freedom of Information Act (FOIA). For example, the public cannot even find out the qualifications of the people who make drastic changes to proposed environmental regulations. In one specific case regarding a proposed EPA rule, we see an economist and a lawyer completely overruling peer-reviewed science.

Significantly, OIRA doesn’t just interfere every once in a while. As ProPublic notes: “84% of the EPA’s proposed rules from 2001 to 2011 featured changes suggested by OIRA.” As mentioned earlier, the American public has no idea what was changed, why, or the qualifications of the people who made the changes. All of that is intentionally kept completely secret. Surely, in order to protect us from terrorists or something.

Even more worrisome, OIRA power is not only wielded for corporate profit protection purposes, but for political purposes as well. For example, according to OIRA’s governing executive order, it is supposed to complete its review within 90 days of receiving a proposed regulation. Nevertheless, “delays reached an all-time peak under President Obama between 2011 and 2013.”

High level EPA officials believe this was due to the 2012 election and not wanting to review any potentially controversial environmental regulations ahead of it. Quite often an OIRA strategy is to simply never review a proposed regulation until the regulatory body gives up and pulls it.

The anti-democratic, secretive and feudal power vested in the OIRA is an issue with which I was entirely unaware, but it is extremely important nonetheless. Here are some excerpts from ProPublica’s very important article:

 A series of executive orders over the past three decades have given OIRA significant authority to reassess rules on every imaginable subject, from health care to the environment to transportation. The office shares early drafts of rules with the president’s top advisers as well as other Cabinet-level agencies that might object.

 

Although some on OIRA’s team have degrees in science and engineering, former officials say its leadership and staff are largely drawn from the realms of economics, law and public policy. Regardless, the office does not hesitate to rework agency rules that were years in the making and backed by peer-reviewed science. Often, OIRA officials make a proposed rule appear too costly by revising the calculation of benefits downward. As it did with the silica limits, the office can also prolong the process, holding regulations in limbo for months and sometimes years.

 

But in practice, OIRA operates largely in secret, exempt from most requests under the Freedom of Information Act. It routinely declines to release the changes it has proposed, the evidence it has relied upon to make them, or the identities and affiliations of White House advisers and other agencies’ staff it has consulted. OIRA doesn’t even disclose the names and credentials of its employees other than its two most senior officials. (Repeated requests to the office for the backgrounds of its employees drew no response.)

 

According to a study by the Center for Progressive Reform, a nonprofit research and educational organization critical of the office, 84 percent of the EPA’s proposed rules from 2001 to 2011 featured changes suggested by OIRA as did 65 percent of other agencies’ regulations. Officially, OIRA’s “edits” are suggestions but they carry the weight of the White House and are typically accepted by the agency proposing the rule.

In 2008, an OIRA review by the Bush administration deleted a provision intended to protect plant life from the effects of ozone, a key component of smog. The EPA had proposed a sharp reduction in the permissible levels of ozone to protect forests and vegetation, which naturally remove carbon from the atmosphere. According to an investigation by the House Committee on Oversight and Government Reform, the White House summarily overturned the unanimous recommendation of the EPA’s Clean Air Scientific Advisory Committee and an array of expert testimony.

 

In 2013 the Administrative Conference, an independent federal agency that reviews government administrative processes, released a study of OIRA’s effect on the application and interpretation of science the agencies gather and analyze to write rules. In examining a group of air-quality regulations, the study found that most of OIRA’s suggestions involved substantive changes. The report concluded that in some instances, the office has proposed changes to the basic science underlying the rules. These included revising numbers in tables created by the EPA, altering technical discussions and recommending different standards altogether.

 

Congress created OIRA in 1980 to prevent federal agencies from demanding excessive amounts of data from public and private parties. President Reagan greatly expanded its powers, signing an executive order that gave the office the authority to review all federal rules. This was an important change, since most laws say the rules are to be written by the relevant Cabinet agency, not the president and his aides. At the time, Reagan’s move kicked up controversy — still alive today — about whether it was appropriate for the White House to have such a direct say in government rulemaking. 

 

Since then, both Republican and Democratic presidents have signed executive orders enshrining OIRA’s pivotal role.

As usual, bipartisan criminality.

Cass R. Sunstein, a prominent legal scholar who led OIRA from 2009 to 2012, rejects many criticisms of the office, namely that it lacks transparency and that its suggested changes and delays are politically motivated.

 

Sunstein, now a law professor at Harvard, responded neither to ProPublica’s requests for an interview nor to written questions.

Once I realized Cass Sunstein was involved in this thing it all started to make perfect sense. Sunstein is one of the most unabashedly authoritarian Americans operating in the halls of government and academia today. As the Washington Post noted last year:

While at Harvard in 2008, Sunstein co-authored a working paper that suggests government agents or their allies “cognitively infiltrate” conspiracy theorist groups by joining ”chat rooms, online social networks or even real-space groups” and influencing the conversation.

He is such a pernicious character, I wrote a post highlighting his dastardly ways last year. Please familiarize yourselves with the following: Obama Picks Cass Sunstein, America’s Joseph Goebbels, to Serve on the NSA Oversight Panel.

Now back to ProPublica:

In the weeks leading to OIRA’s completed review of the coal ash limits, a number of utility industry lobbyists and lawyers met with the office. While OIRA makes public a list of attendees and documents given to the office’s representatives at meetings, it does not disclose the substance of their discussions. Such conversations are not unusual; any member of the public can meet with OIRA to discuss a rule. But the office has become a standard stop on the lobbying circuit for industries facing tighter regulations. 

 

A 2003 Government Accountability Office study found that “regulated parties,” typically corporations or their lobbyists, frequently get what they want after meetings with OIRA. Sometimes, the language of the edited rule is similar to that proposed by the regulated parties themselves. 

 

The office also recast the EPA’s scientific findings. The agency initially stated that using ponds for storing the most toxic form of coal ash, the emissions captured in the smoke stack’s final filter, did “not represent the best available technology for controlling pollutants in almost all circumstances.” Revisions made during OIRA review recommended eliminating this conclusion, giving no explanation why. Other changes included softening data, such as reducing coal-fired power plants’ share of toxic pollutants discharged to surface water from “at least 60 percent” to “50-60 percent.” The post-OIRA version also recommended reducing the projected benefits of the EPA’s higher standards, which the agency did.

 

The EPA reached its findings for handling coal ash after almost 10 years of extensive data collection, modeling and analysis. This work required the knowledge of biologists, chemists, engineers and toxicologists working on a team that varied in size from about eight to around 30 people at various phases. The EPA lists the staff in its Office of Water responsible for the rule in the document itself, on the agency’s website and in press releases.

 

It is difficult to know the qualifications of the people at OIRA who rewrote the EPA’s draft rule. The only credentials disclosed by its website are those of the current administrator, Howard Shelanksi, who has a Ph.D. in economics, and his deputy, Andrei Greenawalt, a lawyer who was a policy adviser to the chief of staff from 2011 to 2013. ProPublica’s request to the OMB for a list of OIRA staff went unanswered, as did repeated requests for an interview with Shelanski. OIRA also failed to respond to written questions about its lack of transparency.

 

According to OIRA’s governing executive order, the office is supposed to complete its review within 90 days of receiving a regulation, with the option of one 30-day extension. But rules often gather dust for far longer. As documented in an Administrative Conference analysis, delays reached an all-time peak under President Obama between 2011 and 2013.

Least transparent administration ever.

High-level EPA staff interviewed for the analysis thought OIRA reviews took so long because of political concerns over contentious rules in the lead-up to the 2012 general election.

 

According to the report, “The employees said their agencies were instructed that such rules were not to be issued unless deemed absolutely necessary (e.g., judicial deadline) or if it could be shown they were not controversial (e.g., clear net benefits).” Such instructions weren’t issued in writing, but conveyed verbally by agency administrators who had been to meetings with key White House officials, the employees said.

 

The Administrative Conference report noted that in June 2013, 141 rules were under review at OIRA, of which over half had been there for more than 90 days. About half of those had been under review for more than a year, and 26 more for over two years. The rules were from a variety of agencies, including the EPA and the Departments of Energy and Labor.

 

Curtis Copeland, former specialist in American national government at the Congressional Research Service and author of the 2013 study for the Administrative Conference said, “What I heard when talking to the agencies was that OIRA often recommends agencies withdraw rules. Then it can all be done in the dark.”

 

As Copeland wrote in a 2009 Congressional Research Service survey of OIRA, “some agencies have indicated that they do not even propose certain regulatory provisions because they believe that OIRA would find them objectionable.”

 

Morrall, the former deputy administrator of OIRA, acknowledged the lack of transparency and defended it on the grounds that it might be politically damaging if the public learned more about the office’s inner workings. “To do our job we don’t need what went into our decisions out in the public domain because opponents could use that against the president.”

So once again political interests trump the public interest. These cronies aren’t even ashamed to admit it publicly at this point.

The GAO’s 2009 follow-up report found that OIRA and the agencies had failed to adhere to seven of eight transparency recommendations made in its 2003 assessment. The one measure OIRA had taken was to disclose logs of meetings with people outside government, which it continues to do, although they are nearly impossible to search, contain minimal, sometimes-unclear information about the attendees, and have scant information about what was discussed. 

 

Rena Steinzor, a law professor at the University of Maryland and current president of the Center for Progressive Reform, the group critical of OIRA, has called for the office to be stripped of its rulemaking powers, terminating centralized White House regulatory review. In a 2012 law review article, Steinzor wrote that the Executive would still have rulemaking power: “The President can exert sufficient control over rulemaking through the political appointees he has selected to lead the agencies.”

Got Democracy?

 




via Zero Hedge http://ift.tt/1kobf2s Tyler Durden

China's "Prelude To A Storm" As Record Private Bonds Mature

With Shanghai having limited retail exposure to high-yield bonds, and the Chinese corporate bond market has overtaken the United States as the world's biggest and is set to soak up a third of global company debt needs over the next five years, it is no wonder that, as Bloomberg reports, analysts fear "a prelude to a storm." Privately issued notes totaling 6.2 billion yuan ($1 billion) come due next quarter, the most since authorities first allowed such offerings from small- to medium-sized borrowers in 2012. This week a 4th issuer has faced a "payment crisis" and while officials are trying to expand financing for small companies (which account for 70% of China's economy, with debt-to-equity ratios exceeding 200%, this is nothing but more ponzi. As Goldman warns, it appears China's Minsky Moment is drawing near (as the hangover from Q1's credit impulse kicks in).

China's small companies are fundamentally a disaster…

Number of Chinese firms whose liabilities are double their equity has surged since global financial crisis, suggesting more defaults may come.

 

Publicly traded non-financial corporates with debt-to-equity ratios exceeding 200% have jumped 68% since 2007

As Bloomberg reports,

The small companies that dominate China’s private market for high-yield bonds face rising default risks as their debt obligations soar to a record and economic growth slows to the lowest in more than two decades.

 

Privately issued notes totaling 6.2 billion yuan ($1 billion) come due next quarter, the most since authorities first allowed such offerings from small- to medium-sized borrowers in 2012, according to China Merchants Securities Co. The guarantor of debentures sold by Xuzhou Zhongsen Tonghao New Board Co. stepped in to help after the building materials producer based in the eastern province of Jiangsu missed a coupon payment in March.

 

Three other issuers have also faced “payment crises” this year, China Merchants said.

 

Premier Li Keqiang has sought to expand financing for small companies, which account for 70 percent of China’s economy, as expansion is set to cool to the slowest since 1990 at 7.4 percent this year, according to a Bloomberg survey. The nation’s bond clearing house last month suspended valuation of privately placed securities sold by an auto-parts exporter after it failed to clarify media reports regarding a possible default. A polyester maker with similar notes had a bankruptcy application accepted in March.

 

“The current risks exposed in the private-bond market are probably a prelude to a storm,” said Sun Binbin, a Shanghai-based bond analyst at China Merchants

 

“There’s been improvement in only some sectors of the economy, not in all.”

*  *  *

As we noted previously, the problems are mounting and global in nature… (As Reuters reports,)

The Chinese corporate bond market has overtaken the United States as the world's biggest and is set to soak up a third of global company debt needs over the next five years, according to rating agency Standard & Poor's, underscoring the growing risk China's debt market is imposing on the global financial system.

 

 

Chinese corporate borrowers owed $14.2 trillion at the end of 2013 versus $13.1 trillion owed by U.S. corporations with the switch in rankings taking place a year earlier than it had expected, S&P said on Monday.

But that is not good news for the world's investors…

China, the world's second-largest economy is currently financing a quarter to a third of its corporate debt through its shadow banking sector and this had global implications, S&P said.

 

"This means that as much as 10 percent of global corporate debt is exposed to the risk of a contraction in China's informal banking sector," the agency said, estimating this at $4 trillion to $5 trillion. "With China's economy likely to grow at a nominal 10 percent per year over the next five years, this amount can only increase."

 

 

"As the world's second-largest national economy, any significant reverse for China's corporate sector could quickly spread to other countries."

As S&P sums up…

Cash flows and leverage at Chinese corporations are the worst among global peers, having deteriorated from being the best in 2009.

 

 

 

 

China's large and still-expanding contribution to global corporate debt, the higher financial risk is causing overall corporate risk to increase globally," the agency said.

 *  *  *

Goldman wonders if this is China's Minsky moment?

As a reference, the BIS paper estimated that a number of economies had similar or moderately lower debt service ratios (DSRs) when they were headed towards serious financial and economic crises. Examples include Finland (early 1990s), Korea (1997), the UK (2009), and the US (2009). This is one more data point in China that evokes the troubling thought of a hard landing.

 

However, we also agree that the actual DSR is probably lower. The assumption of an instalment-loan schedule implies that roll-over is not an option and all debt is fully repaid at maturity. This is clearly not the case in China. Otherwise, the 1% non-performing loan (NPL) ratio of the formal banking system would be simply impossible to explain – not to mention the zero default record kept by China’s domestic bond market or by the vast numbers of low-return infrastructure LGFVs.

 

Apparently, debt roll-over is not a good thing either; and, it cannot explain the increase in the debt burden. Hence, the logical conclusion has to be that a non-negligible share of the corporate sector is not able to repay either principal or interest, which qualifies as Ponzi financing in a Minsky framework. The mechanism that still holds the situation together is the state-backed formal banking system and its unspoken commitment to supporting local governments. We think this precarious equilibrium could last a bit longer but not much longer, particularly if the central government does nothing.

 

It is encouraging that the new leadership has so far tolerated slowing growth and largely resisted the temptation to resort to the 2009 approach [EXCEPT they just broke that rule] This at least has the merit of not making the problem any bigger than it already is. Furthermore, the set of new financial regulations targeting the shadow banking system and the bond market reflects the awareness of authorities of the level of financial risk. Nevertheless, we think more corporate defaults, rising NPLs, and some degree of credit crunch will still be unavoidable in the next three years, which lends weight to our below-consensus medium-term growth forecast.

*  *  *

Time for Xi to unleash some more QE-Lite or face the real consequence…

 

 




via Zero Hedge http://ift.tt/1kJzQPP Tyler Durden

China’s “Prelude To A Storm” As Record Private Bonds Mature

With Shanghai having limited retail exposure to high-yield bonds, and the Chinese corporate bond market has overtaken the United States as the world's biggest and is set to soak up a third of global company debt needs over the next five years, it is no wonder that, as Bloomberg reports, analysts fear "a prelude to a storm." Privately issued notes totaling 6.2 billion yuan ($1 billion) come due next quarter, the most since authorities first allowed such offerings from small- to medium-sized borrowers in 2012. This week a 4th issuer has faced a "payment crisis" and while officials are trying to expand financing for small companies (which account for 70% of China's economy, with debt-to-equity ratios exceeding 200%, this is nothing but more ponzi. As Goldman warns, it appears China's Minsky Moment is drawing near (as the hangover from Q1's credit impulse kicks in).

China's small companies are fundamentally a disaster…

Number of Chinese firms whose liabilities are double their equity has surged since global financial crisis, suggesting more defaults may come.

 

Publicly traded non-financial corporates with debt-to-equity ratios exceeding 200% have jumped 68% since 2007

As Bloomberg reports,

The small companies that dominate China’s private market for high-yield bonds face rising default risks as their debt obligations soar to a record and economic growth slows to the lowest in more than two decades.

 

Privately issued notes totaling 6.2 billion yuan ($1 billion) come due next quarter, the most since authorities first allowed such offerings from small- to medium-sized borrowers in 2012, according to China Merchants Securities Co. The guarantor of debentures sold by Xuzhou Zhongsen Tonghao New Board Co. stepped in to help after the building materials producer based in the eastern province of Jiangsu missed a coupon payment in March.

 

Three other issuers have also faced “payment crises” this year, China Merchants said.

 

Premier Li Keqiang has sought to expand financing for small companies, which account for 70 percent of China’s economy, as expansion is set to cool to the slowest since 1990 at 7.4 percent this year, according to a Bloomberg survey. The nation’s bond clearing house last month suspended valuation of privately placed securities sold by an auto-parts exporter after it failed to clarify media reports regarding a possible default. A polyester maker with similar notes had a bankruptcy application accepted in March.

 

“The current risks exposed in the private-bond market are probably a prelude to a storm,” said Sun Binbin, a Shanghai-based bond analyst at China Merchants

 

“There’s been improvement in only some sectors of the economy, not in all.”

*  *  *

As we noted previously, the problems are mounting and global in nature… (As Reuters reports,)

The Chinese corporate bond market has overtaken the United States as the world's biggest and is set to soak up a third of global company debt needs over the next five years, according to rating agency Standard & Poor's, underscoring the growing risk China's debt market is imposing on the global financial system.

 

 

Chinese corporate borrowers owed $14.2 trillion at the end of 2013 versus $13.1 trillion owed by U.S. corporations with the switch in rankings taking place a year earlier than it had expected, S&P said on Monday.

But that is not good news for the world's investors…

China, the world's second-largest economy is currently financing a quarter to a third of its corporate debt through its shadow banking sector and this had global implications, S&P said.

 

"This means that as much as 10 percent of global corporate debt is exposed to the risk of a contraction in China's informal banking sector," the agency said, estimating this at $4 trillion to $5 trillion. "With China's economy likely to grow at a nominal 10 percent per year over the next five years, this amount can only increase."

 

 

"As the world's second-largest national economy, any significant reverse for China's corporate sector could quickly spread to other countries."

As S&P sums up…

Cash flows and leverage at Chinese corporations are the worst among global peers, having deteriorated from being the best in 2009.

 

 

 

 

China's large and still-expanding contribution to global corporate debt, the higher financial risk is causing overall corporate risk to increase globally," the agency said.

 *  *  *

Goldman wonders if this is China's Minsky moment?

As a reference, the BIS paper estimated that a number of economies had similar or moderately lower debt service ratios (DSRs) when they were headed towards serious financial and economic crises. Examples include Finland (early 1990s), Korea (1997), the UK (2009), and the US (2009). This is one more data point in China that evokes the troubling thought of a hard landing.

 

However, we also agree that the actual DSR is probably lower. The assumption of an instalment-loan schedule implies that roll-over is not an option and all debt is fully repaid at maturity. This is clearly not the case in China. Otherwise, the 1% non-performing loan (NPL) ratio of the formal banking system would be simply impossible to explain – not to mention the zero default record kept by China’s domestic bond market or by the vast numbers of low-return infrastructure LGFVs.

 

Apparently, debt roll-over is not a good thing either; and, it cannot explain the increase in the debt burden. Hence, the logical conclusion has to be that a non-negligible share of the corporate sector is not able to repay either principal or interest, which qualifies as Ponzi financing in a Minsky framework. The mechanism that still holds the situation together is the state-backed formal banking system and its unspoken commitment to supporting local governments. We think this precarious equilibrium could last a bit longer but not much longer, particularly if the central government does nothing.

 

It is encouraging that the new leadership has so far tolerated slowing growth and largely resisted the temptation to resort to the 2009 approach [EXCEPT they just broke that rule] This at least has the merit of not making the problem any bigger than it already is. Furthermore, the set of new financial regulations targeting the shadow banking system and the bond market reflects the awareness of authorities of the level of financial risk. Nevertheless, we think more corporate defaults, rising NPLs, and some degree of credit crunch will still be unavoidable in the next three years, which lends weight to our below-consensus medium-term growth forecast.

*  *  *

Time for Xi to unleash some more QE-Lite or face the real consequence…

 

 




via Zero Hedge http://ift.tt/1kJzQPP Tyler Durden

Inflation Watch: The Incredible Shrinking Coke Can

U.S. soft drink companies are increasingly shifting to “mini-cans” in an apparent strategy to help the poor obese people of the world manage caloric intake better. Mini-can sales are up 3% as the rest of the industry is in demise. All sounds great… However, as Reuters notes, the reality of the shift toward smaller cans “is almost the industry admitting that volume is not going to be growing very much.” Simply put, it is one way that companies can drive higher prices and larger margins: Consumers may feel as though they’re buying a cheaper, smaller soda, but they are often paying more per fluid ounce. But do not fear, inflation is contained.

 

As Reuters reports, soft drink firms strategy is propaganda’d as helping manage health…

About a year ago, Texas rancher George Krueger worried about his weight, and decided it was time to downsize – his Coke cans, that is.

 

Like increasing numbers of U.S. consumers, Krueger bet that by switching from regular-sized soda cans to 7.5 ounce “mini”-sized ones, he could make a dent in his daily calorie intake.

 

“It’s kind of a happy medium,” said the 62-year-old, who generally drinks a can a day, but sometimes goes for an extra one for more caffeine. “I can have my sweet fix but not feel guilty for having so much.”

 

U.S. soft drink companies are betting that soda drinkers like Krueger and their willingness to buy smaller cans, even for a higher unit price, will be a potential antidote to weak sales as consumers shift away from sugary soft drinks.

 

The mini-can is the latest move by food and beverage companies to boost their product offerings of smaller portion sizes that supposedly help consumers limit their caloric intake – even if there are signs that some end up reaching for another package or can.

 

Mini can sales grew 3 percent in 2013 while the rest of the carbonated soft drink category dropped, according to market research firm Euromonitor International.

 

Pepsi’s mini can business in the United States has grown 24 percent year-to-date in 2014 and was up 34 percent last year. The company said that this year, it has also seen a significant increase in the number of in-store displays of mini cans.

But the reality is… it’s about rising costs and managing margins…

The shift toward smaller cans “is almost the industry admitting that volume is not going to be growing very much,” said Ali Dibadj, a beverage analyst at Sanford C. Bernstein.

 

It is one way that companies can drive higher prices and larger margins: Consumers may feel as though they’re buying a cheaper, smaller soda, but they are often paying more per fluid ounce, analysts said.

 

Indeed, there is a price difference between mini cans and regular cans at retail. At a Fairway grocery store in Manhattan last week, 7.5-ounce cans of regular Coke and Pepsi were $4.49 for an eight-pack. Twelve-ounce cans, on the other hand were $4.89 for a 12-pack. That works out to roughly 7 cents per ounce versus 3 cents an ounce.

Of course, the reality is – consumers are drinking the same amount (more small cans) at a higher price…

“Studies show that people drink whatever package it comes in,” she said.

 

That’s not necessarily the case with all food products, such as 100-calorie snack packs. A 2008 study by Arizona State University researchers found that dieters actually consumed more of the food in smaller packages than they would if it was regular sized.

 

Krueger, the Texas rancher, hasn’t lost weight as a result of the mini cans but said they are likely keeping him from gaining more bulge.

 

“If I was really sensible, I wouldn’t drink them at all, but I just love the taste,” he said.

*  *  *

That works out to roughly 7 cents per ounce versus 3 cents an ounce.” – Nope, no inflation here…




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Brickbat: Like a Good Neighbor

The European Union is
considering requiring those who mow their lawns with
riding
lawnmower
 to have automobile insurance, even if the
lawnmower never leaves their property. A Slovenian man was injured
after the ladder he was standing on was hit by a trailer attached
to a tractor that was backing up.  That case is currently in
the European court system, but regulators say it shows the need for
compulsory insurance even on vehicles that aren’t operated on the
roads.

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