Emperor Securities Shows How To Successfully Fleece Retail Investors

When Valeant slashed its guidance back in March, we took a look at what the analysts were thinking just prior to that announcement and what we found was troubling, yet predictable.

And now, the "morning after", we finally have the unwind of the sellside narrative.

 

Recall that as recently as yesterday,there were 11 buys, 10 holds, and just 2 sell recommendations, with an average 12 months price target of $131.

 

But those Valeant analysts are nothing compared to their counterparts over at Emperor Securities Ltd. in Hong Kong. From April 2015 through May 2016, every single one of the 173 stocks that Emperor analysts covered had a buy recommendation.

The analysts were so wrong that shorting every one would have yielded 13 percent through last week, and if investors bought the stocks on the day of Emperor's recommendation, they would have lost 6.1 percent after just four weeks, with 119 of the stocks falling according to Bloomberg.

"It's our style to have a buy with a target price and a stop-loss price and not have hold or sell recommendations. The small, local brokerage offers trading ideas based on market sentiment, news, events or momentum. We pick stocks with a one-to-two week horizon" said Stanley Chan, director of Emperor Securities Research.

Emperor's "style" is apparently also to hang target prices that imply an increase of at least 25 percent or more.

As we reported last year, Chinese retail investors opened enough brokerage accounts for every man, woman, and child in LA. As it turns out, that's precisely how Emperor was making its money, by securities turnover and margin loans due to an influx of new retail customers. The firm threw day trade buy recommendations out on every single stock and watched new inexperienced "investors" trade on that data. That effort takes Wall Street's lazy clustering to an entirely new level.

Here's more from Bloomberg

The company’s latest annual report, for the year ended Sept. 30, said it enjoyed an influx of customers following the relaxation of cross-border trading rules for individuals in November 2014 under the so-called Shanghai-Hong Kong Stock Connect program. New clients and increased “securities turnover” fueled a 65 percent increase in brokerage revenue, to HK$151.5 million, the company said. Commissions and fees income on dealing in securities rose to HK$115 million, from HK$46 million.

 

Emperor’s latest earnings statement, released May 18 for the six months ending March 31, reported another 20 percent increase in brokerage revenue from a year earlier. Revenue from margin loans and other lending rose 141 percent to HK$373 million. At the end of the period, the company was holding HK$13 billion worth of securities as collateral for margin loans.

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And that dear reader, is how to successfully fleece retail investors.

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Electronic Voting Machines & Why Voters Should Be Suspicious Of Every Election

Submitted by Adam Taggart via PeakProsperity.com,

Long an 'exporter of democracy' to the rest of the world, there is ample evidence that the United States lacks even the most rudimentary, basic protections necessary to preserve voting integrity within its own borders.

Some of the evidence is circumstantial, some is statistical, and some is pretty direct and clear-cut. Taken together, a pattern that emerges strongly suggesting that ever since electronic voting machines were introduced in the United States, we’ve had a string of suspect election results that frankly are not consistent with a free and fair voting outcome.

This week, we're joined by Brad Friedman, election integrity analyst to understand better the systems and practices currently in place to collect and tally votes in America. As we gear up to elect our next president, it's clear that numerous concerns exist about the state of 'free and fair' voting in our country:

Trust is different than 'verifiable'. Trust, frankly, has no place in elections. There is no reason to ever trust anybody. We need to be able to verify all of this.

 

There are basically two different types of electronic voting systems that are currently used today.

 

One is the touchscreen system that people know about. They’ve seen those votes flipping and so forth. Those machines are, in fact, 100 percent unverifiable — period. I’ve asked the companies that make the systems many times, if they have any evidence whatsoever that any vote ever cast on one of those machines during an election, for any candidate or initiative on the ballot, if any of those votes have ever been recorded as per the voter’s intent, any evidence whatsoever. They have none — they are 100 percent unverifiable. Thankfully, many states are getting rid of those and they’re moving to paper ballots.

 

The problem, however, with hand marked paper ballots is that most of them are run through optical scan computers to be scanned. The problem is, they often don’t work. You can’t tell whether they have worked properly, whether they have accurately recorded the vote, unless you actually hand count the paper ballots — begging the question of why the hell are we using these optical scan systems in the first place. So when you have a paper ballot, at least it is verifiable if anybody bothers to do a hand count. But we don’t bother to do so in this country; almost never. When problems are found, often they are completely ignored.

 

So that’s why I’ve argued for years now that the most transparent and reliable way to run an election is to hand count the paper ballots at the precinct on election night publicly in front of everyone with the results posted at the precinct before those ballots are moved anywhere.

 

Short of that, it really is faith-based elections. We're trusting that they’re recorded accurately, even though we’ve got so much evidence that they often are not. I think it’s a crazy way to run a democracy if you ask me(…)

 

There is every reason to be suspicious of every election. There's a lot of money at stake, a lot of money, a lot of power at stake in these elections and so people should be suspicious about them.

 

No matter what you do, people will try to game elections. There's just too much at stake for people to not want to try to do that. That’s why you need a system that is as transparent as possible because people are going to try to game it. The trick is you have as many eyeballs looking as possible to make it as difficult as possible to game the election. That’s the trick; and when you begin to use security by obscurity and hide the way that votes are actually counted and the way that votes are actually cast and the systems that are used to tally them, we have no idea in the end.

 

I think that’s just absolutely crazy. Every time I come out and make that argument, it depends what election has just happened, but I'm then branded either a Democratic partisan, a Republican partisan, a Bernie supporter, a Hillary supporter — whatever it is. People don’t like to hear these facts. So I’ve had to go to bat for a lot of candidates who I would have never ever even considered voting for. But I think that their supporters have the right to know whether they won or lost, and have the right to know that the election was tabulated accurately. That’s what we no longer have in this country and it’s ridiculous.

Click the play button below to listen to Chris' interview with Brad Friedman (53m:45s)

 

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Things Are Thriving In The “Modern Hooker Economy”

Last year we exposed the growing trend among thousands of British students who were funding their college experience through "Sugar Daddy" websites, where "arrangements" were made to allow students to pay off student loans and other living expenses.

It turns out that US students are now following this crafty debt repayment plan in the new "modern hooker economy."

Meet Candice Kashani, recent graduate of Villanova University School of Law who despite a scholarship faced tuition and expenses of nearly $50,000. Candice was able to graduate this spring debt-freewith the help of several sugar daddies of course.

Ron Weitzer, sociology professor at George Washington University and criminologist describes sugar daddy arrangements as "prostitution light." However, that's not how Kashani sees it. Kashani says that sites that connect women seeking financial help with men willing to provide it are a "great resource", and that she sifted through many potential suitors before finding one she clicked with. Candice considers her sugar daddy one of her best friends and that they care deeply for each other.

"The people who have a stigma, or associate a negative connotation with it, don't understand how it works." added Kashani.

With undergraduates facing an average of $35,000 in student debt, and graduates facing $75,000 or more, students sometimes need even more money in order to keep up with the cost of living, and are left scrambling.

Some students eventually find themselves on sites such as SeekingArrangement.com, the third largest of the sugar daddy websites, just as one anonymous graduate student at Columbia University did. As AP reports,

One graduate student at Columbia University in New York had a scholarship that covered almost all of her tuition, but not her living expenses. She spoke on the condition of anonymity because of the potential impact on her job prospects. She tried to make do — sharing a room with a classmate and working a minimum wage job, plus any freelance work she could get. But still she struggled to pay her rent and utilities, and her grades suffered.

 

"That's just not why I am here," she said. "I wanted to find the most amount of money I could make for the least amount of effort."

 

So she found herself surfing Craigslist and Backpage.com and later, SeekingArrangement.com, the largest of the sugar daddy websites. Now she has two sugar daddies, one she sees occasionally and another who is more like a conventional boyfriend, except that he pays her a monthly allowance and helps rent her an apartment closer to him.

 

SeekingArrangement.com said it is most popular in Los Angeles and New York. The average rent in both areas is well over $2,000 a month, according to Zillow research.

 

The Columbia student says she plans to continue "sugaring" after she graduates to buy herself time to find a more traditional job and remain officially unemployed so she can defer repaying the roughly $70,000 in loans she had already racked up.

 

"There is a lot of moral panic about it," she said. "But what are the real estate and academic funding situations that led to this?"

Brandon Wade, the creator of SeekingArrangement.com says it's an "alternative to financial aid" but claims the site didn't set out to target students, but it stumbled on the niche and began offering students premium free memberships in 2011 which normally cost $30 a month. Sugar daddies are charged $70 to $180 a month, depending on membership level.

Student users of the site jumped from 79,400 worldwide in 2010 to 1.9 million this year, which accounts for one third of its users. Interestingly, the company says enrollment jumps during August and January when tuition is typically due, sometimes to more than double normal levels.

Women who have used the site report experiences that are wide ranging, from respectful dates all the way to aggressive solicitation online, and although sex is not guaranteed, most users say it is implied.

Some warn that putting true identities online could put women at risk, but Wade says there are risks inherent in any dating website. Wade said SeekingArrangement.com was created out of his own frustration with women, and realized that a site such as his would highlight what set him apart: money.

"Money and sex are things that people want. I think the controversy comes into play on seeking arrangement because we are so up front about it." Wade said.

Alas, with the jobs recovery being as weak as it is, it's only a matter of time before more students transition into full time users of sugar daddy services instead of looking for employment. Perhaps when Tim Geithner penned the now infamous "Welcome To The Recovery" piece in the New York Times back in 2010, he should have followed it with "And The New Modern Hooker Economy."

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“There Ain’t No Party Like the Libertarian Party — and This Could Be the Year it Gets Hot”

Yes, let’s go ahead and suck it up: That guy, James Weeks II (his eponym must be so proud), who disrupted the Libertarian Party convention by stripping down to a thong while announcing his withdrawal from the chairmanship race, is an embarrassment to his party and the larger movement for which it stands.

Such antics, along with what Brian Doherty has rightly called a candidates debate packed with puerile questions better geared for a late-night, college bull session, make it easy for conservatives and liberals to troll the LP and dismiss serious challenge to the played-out politics of the Democrats and Republicans.

Here’s the latest version of that, via National Review’s Ian Tuttle:

The Libertarian party is a reminder that no one truly grows out of Dungeons and Dragons. Around the Rosen Centre [in Orlando], there are lots of suits-with-sneakers and punk-rock hairstyles and impromptu chants of “Taxation is theft!” Organization-wise, it’s the political equivalent of the cantina scene from Star Wars. Since its founding in 1971, the Libertarian party has been a catchall for political misfits. “We’re weirdos,” says a Georgia delegate who has been in the party since 1972. “We’ve always been weirdos.” No offense, but no kidding. (And in a display of pure, untrammeled, glorious cosmic irony — enough to make me revise my disbelief in Fate — MegaCon, an annual gathering of 80,000 comic book fans, sci-fi cosplayers, fantasy-lovers, and gamers, is taking place over the same 48 hours, and at the very same Orlando hotel.)

Har har har.

And yet…lest we forget, it’s the Republican and Democratic Parties that are imploding, with the former group split over a candidate who openly mocks handicapped people, has zero grasp of even the most basic policy issues, and calls for the forcible removal of 12 million (his count) illegal immigrants and their children (even if the kids are actually U.S. citizens).

And before “real conservatives” object that they are #NeverTRump, remember that Trump is saying exactly the same stuff they’ve been calling for over the past 30 years. Here’s the editors of National Review’s “Against Trump” house editorial from late last year, which called Trump soft on immigration!:

Trump says he will put a big door in his beautiful wall, an implicit endorsement of the dismayingly conventional view that current levels of legal immigration are fine….

Trump piles on the absurdity by saying he would re-import many of the illegal immigrants once they had been deported, which makes his policy a poorly disguised amnesty…

The mind boggles that anyone belonging to an ideological movement or party that calls Trump a pushover on immigration has the temerity to mock Libertarians because they still dig Buffy the Vampire Slayer or something.

When it comes to the right wing, the elephant in the room isn’t that Trump somehow hijacked or stole the conservative movement and its causes. Rather, it’s that virtually everything he stands for is the fulfillment of precisely what Republicans and conservatives have demanded for the past 30 years, just with an added dose of crudeness. To the extent that his yammerings make any sense, we know Trump is anti-immigrant, bellicose when it comes foreign policies, and is obsessed with a backward-looking vision of “American greatness.” If he wants to keep Obama’s universal health insurance in place, then he’s what, like Mitt Romney, the 2012 GOP presidential candidate who was not only endorsed by National Review, but is constantly being pushed by The Weekly Standard’s Bill Kristol as a cure to what ails the GOP?

On the Democratic side of the aisle, things are just as sad, with Hillary Clinton and Bernie Sanders tripping over each other to denounce Uber, Airbnb, and other avatars of sharing economy, which is a rare bright spot in a generally sluggish economy. Why? Because such “gig” jobs don’t come with the gold-plated benefits the GM offered during its protectionist heyday in the 1950s or something. Don’t you know that kids are going hungry because we have too many flavors of deodorant? Sanders, whose only play now is to pull Gillooly Clinton so much that she agrees to raise the minimum wage to $15 rather than her relatively measely $12 per hour. Clinton is a hawk’s hawk who, like Donald Trump (at the same time!) called for censorship of the Internet because of Islamic terrorism.

At each next rally, she recites her resume lines more loudly for the simple reason that despite 25 years in the public eye, she has no discernible vision for the future of the country she so desperately wants to lead. Clinton is anti-trade and has been attacking NAFTA since 2008 or so, when she tried to outflank Barack Obama on the left. She calls Edward Snowden a traitor, has never met a surveillance program or secret presidential kill list she didn’t want to add a few names to and has the most censorious history of anyone currently running for president. Seriously, look it up.

And yet…and yet, it’s the Libertarians who are a joke because despite no funding and help from ballot-access laws and other schemes designed to silence alternative voices, they have somehow managed to nominate two successful, centrist former governors who believe in economic and cultural freedom, that the government is too big and expensive, that overseas interventions should be less frequent than they have been during the past 15 years, that school choice and reproductive choice and legalizing weed are good things…

Let’s stipulate that however silly Libertarians may be, and however much they might desperately want the future to feature only private sidewalks and for Soylent Green to be purchased exclusively with Bitcoin or Ethereum, they are not as batshit crazy and unhinged as Donald Trump, Hillary Clinton, and the two parties and movements they represent. Yes, we libertarians (big L and small L) like comic books and science fiction and have people who show up at national conventions wearing boots on their heads and strip down to thongs and argue over whether such unannounced nudity contravenes the non-aggression principle. Dunno about you, but when I look at a future in which I can be hanging out with the likes of Ted Cruz and Mike Huckabee and Elizabeth Warren and Anthony Weiner or with Vermin Supreme and James Weeks II, I’m happy to choose the latter.

I think it’s effectively impossible that Johnson and Weld will in the fall, but that’s also not the real endgame here, either. As I write in a new Daily Beast column, the important thing is to change the general direction in which politics is headed. To the extent that the two major parties are having problems, it’s because of who they are and what they represent. 

Politics is a lagging indicator of where America is headed as a country. For the past half-century or so, we’ve been trending to greater and greater freedom and possibilities of how to live our lives. We are more comfortable with choices about what to eat, whom to marry, where to live, how to learn, how to express our values through our work and social commitments, and so much more. There is a reason why our identification with the two major parties has been falling over that same time frame: The Republicans and Democrats exist only in yesterday’s America and fewer and fewer of us want much to do with such hollowed-visions that only 29 percent identify as Democrats and just 26 percent as Republicans.

Johnson and Weld and the Libertarians won’t win this time around. Even a post-Kardashian, post-body-shaming America isn’t quite ready for a striptease performed at a national convention.

But everything they stand for, and that the American people are demanding—more peace around the globe, more choice here at home, the ability to innovate and speak freely—will be absorbed either into both major parties, or by whatever replaces them.

So go ahead and make the Dungeons and Dragons jokes (remember when Al and Tipper Gore freaked out over that back in the 1980s, when they put two Prince songs on the Parents Music Resource Center’s “Filthy Fifteen”?), the Star Wars cantina band jokes, and drone on about how important it is that we make Uber more expensive or just it ban it outright and how we really need to bomb more countries because it’s all been working out so well and oh my god, don’t even get me started about the gays and the trans people taking over all the bathrooms…

You’re welcome to your own world, liberals and conservatives, but sooner or later (and whether you realize it or not), you’ll be living in a libertarian world that is freer, fairer, and more fun than ever.

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“Crooked” Hillary & The Coming Convention Coups

Submitted by Howard Kunstler via Kunstler.com,

That was the week Hillary began to look like the candidate who fell off a truck wearing a Nixon mask. Email-gate is taking on the odor of Watergate — the main ingredient of which was not the dopey crime itself but the stonewalling around it. The State Department Inspector General’s report saying definitively, no, she was not “allowed” to use a private, unsecured email server validated Donald Trump’s juvenile name-calling of “Crooked Hillary.”

We may never hear the end of that now (if Trump is actually nominated). And, of course, there lurks the Godzilla-sized skeleton in her closet of the still-unreleased Goldman Sachs speech transcripts, the clamor over which is sure to grow. Meanwhile the specter of the California primary looms, a not inconceivable loss to Bernie Sanders. And onto the convention in Philly which I contend will be even more fractious and violent than the 1968 fiasco in Chicago.

I’ll say it again: Hillary is a horse that ain’t gonna finish. The Democrats better be prepared to haul Uncle Joe out of the closet, fluff up his transplanted hair, wax his dentures, give him a few Vitamin B-12 shots, and stick a harpoon in his fist for the autumn run against the White Whale (if Trump is actually nominated).

The Republican convention in Cleveland is apt to be as bloody and violent a spectacle too (if Trump is actually nominated), with Black Lives Matters cadres having already promised to put on a show for global television and their Latino counterparts marching with Mexican Flags and cute signs saying: Trump: Chingate tu madre, perhaps garnished with the sobriquet pendejo. In such a situation, Trump has enormous potential to make things worse with his childish snap-backs. Hubert Humphrey in 1968 at least had the good sense to keep his mouth shut about the moiling multitudes out on Michigan Avenue inveighing against him.

The Vietnam War was a grave debacle, and it especially pissed off the young men subject to being drafted to fight in it, but the woof and warp of American life was otherwise intact. Blue collar workers still pulled in high wages in the Big Three auto plants, and women had not yet declared war on men, and the airwaves weren’t pornified, and there were still people in government with moral authority who loudly opposed official policy. The sobering martyrdoms of Martin Luther King and Robert Kennedy sanctified the opposition to the status quo. Even Hubert Humphrey himself, a thoughtful man underneath his Rotarian clown mask, began to turn away from Lyndon Johnson’s war hawks.

Nixon won. He surely benefited most not so much from the war issue and the riots in the streets as from the mass defection of Southern states from the long-entrenched domination of the Democratic Party — directly due to Johnson’s dismantling of the old Jim Crow laws. As a personality, Nixon was as much a pendejo as Donald Trump, but no one doubted his ability to run the machinery of government, if not the way they wanted to run it.

One difference today is that the two supposedly leading candidates, Hillary and Trump, are broadly loathed and mocked by people of all ages, not just disaffected youth. Trump appears to actually know so little about the major problems the country faces — energy, trade, the animus of foreigners — that he would be literally helpless in crisis. Hillary would enter the White House more mistrusted than Tricky Dick, and more starkly wired into the parasitical elites draining the body politic of its precious bodily fluids — in the immortal words of Doctor Strangelove.

Though it appears that Trump has consolidated the delegate vote needed for nomination, something tells me that a move is yet afoot to knock the gold ring out of his grubby fingers. Speaker of the House Paul Ryan is playing it very cagey and you can imagine that current party stalwarts and office-holders all over the land are wringing their hands over being asked to follow Trump into some dark night of the American soul. Paul Ryan must know that a coup at the convention is still conceivable and that the action inside the hall will be as violent as the street-fighting outside.

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Switzerland’s Gotthard Base Tunnel: Swiss Engineered, Foreign Made

Earlier we introduced the Gotthard Base Tunnel, the longest and deepest tunnel in the world. The 35 mile long tunnel which cuts underneath the Alps helps remove natural barriers to trade and tourism, and is undoubtedly a testament to Swiss precision engineering.

Interestingly, as Bloomberg reports, the tunnel that was 17 years in the making and had workers on three shifts working around the clock to build, was built primarily by foreigners.

Only 14 percent of the workers were from Switzerland, while 29 percent came from Italy, 17 percent from Austria, 12 percent from Germany, 7 percent from Portugal, and 21 percent from other countries.

It's ironic that the tunnel was built primarily by foreigners because two years ago the electorate voted for quotas on immigration from EU countries, and the issue is one of the most pressing that the EU is currently dealing with as German chancellor Angela Merkel, French president Francois Hollande, and Italian prime minister Matteo Renzi are set to attend an opening ceremony for the tunnel on Wednesday. 

Max Stern, co-founder of the Swiss foreign policy forum says the event can be a chance "to show that we're working in good faith and contributing to Europe's cohesion", however given that Switzerland has already made arrangements to station troops at its borders if future immigration gets too far out of control, the ceremony will likely be nothing more than a photo op for those involved – just a way for Merkel and Hollande to escape the real issues they've been dealing with back at home.

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Here is a short clip showing the finished tunnel

And a longer video that shows the type of work that was done in order to get the Gotthard Base Tunnel built.

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The Limits Of Oil’s Rebound

Submitted by Anatole Kaletsky, originally posted at Project Syndicate,

For the first time since last October, the price of a barrel of oil has broken through $50. So it seems a good time to update the analysis I presented in January 2015.

Back then, I argued that $50 or thereabouts would turn out to be a long-term ceiling for the oil price. At the time, with crude prices still above $60, almost everyone believed that $50 would be the rock-bottom floor. After all, futures markets predicted prices of $75 or higher; the Saudi and Russian governments needed $100 to balance their budgets; and any price much below $50 was considered unsustainable, because it would put the US shale-oil industry out of business.

As it happened, the price of Brent crude did fluctuate between $50 and $70 in the first half of last year, before plunging decisively below $50 in early August, when it became obvious that the lifting of sanctions against Iran would unleash a massive increase in global supply. Since then, $50 has indeed proved to be a ceiling for the oil price. But now that this level has been exceeded, will it again become a floor?

That seems to be what many investors are expecting. Hedge funds and other “non-commercial” speculators have increased their long positions to an all-time high of 555,000 of the main oil contracts traded on the New York futures market, compared to the previous record of 548,000 contracts, set just before the oil price peaked at $120 in June 2014. The return of speculative enthusiasm is usually a reliable sign that the next big price move will probably be down. More important, the fundamental arguments are more compelling than ever that $50 or thereabouts will continue to be a price ceiling, rather than a floor.

The case begins, as it did in January 2015, by observing that the oil market is no longer controlled by the monopoly power of OPEC (or the Saudi government and OPEC). Because of new sources of supply, advances in energy technology, and environmental constraints, oil is now operating under a regime of competitive pricing, like other commodities do.

This is what happened for two decades from 1985 to 2004, and, as the chart below shows, trading in the spot market during the past 18 months has been consistent with this idea. So has trading in the futures market: oil for delivery in 2020 has fallen to $56, from $75 a year ago.

Oil price

If this competitive regime continues, the price of oil will no longer be determined by the needs and desires of oil-producing governments. Saudi Arabia or Russia may want, or even “need,” an oil price of $70 or $80 to balance their budgets. But oil producers’ need for a certain price does not mean that they can achieve it, any more than iron-ore or copper producers can achieve whatever price they “need” to keep paying the dividends their shareholders expect or want.

Similarly, the fact that many debt-burdened shale producers will go bankrupt if the oil price stays below $50 is no reason to expect a rebound. These companies will simply lose their oil properties to banks or competitors with stronger finances. The new owners will then start to pump oil again from the same acreage, provided prices are above the marginal cost of production, which will now exclude any interest payments on loans that are written off.

A clear illustration of the “regime change” that has taken place in the oil market is the current rebound in prices to around the $50 level (the likely ceiling of the new trading range). The steepest part of this increase occurred after April 17, when OPEC failed to agree on a new price target and persuade the Saudi, Russian, and Iranian governments to coordinate the output cuts that would be required to achieve any such target.

Now that all of the main oil producers are unequivocally committed to maximizing production, regardless of the impact prices, oil will continue to trade just like any other commodity (for example, iron ore) that is in oversupply in a competitive market. Prices will be determined as described in any standard economics textbook: by the marginal costs of the last supplier whose production is needed to meet global demand.

When oil demand is fairly strong, as it is now and tends to be in early summer, the price will be set by the marginal production costs in US shale basins and Canadian tar sands. When demand is weak, as it often is in autumn and winter, the market-clearing price will be set by marginal producers of cheap but less accessible oil in Asia and Africa, such as Kazakhstan, eastern Siberia, and Nigeria.

From now on, the costs faced by these marginal producers will set the top and bottom of oil’s trading range. Low-cost producers in Saudi Arabia, Iraq, Iran, and Russia will continue to pump as much as their physical infrastructure can transport as long as the price is higher than $25 or so. The price needed to elicit enough production from US shale and Canadian tar sands to meet strong demand may be $50, $55, or even $60, but it is unlikely to be much higher than that.

Unpredictable shifts in supply and demand will, of course, cause fluctuations within this trading range, which past experience suggests could be quite large. In the 20-year period of competitive pricing from 1985 to 2004, the oil price frequently doubled or halved in the course of a few months. So the near-doubling of oil prices since mid-January’s $28 low is not surprising. But now that the $50 ceiling is being tested, we can expect the next major move in the trading range to be downward.

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Why Management Is Incentivized To Fabricate Earnings: It’s All About non-GAAP Bonuses

When it comes to the stock market, there is no single greater observable divergence right now than that between GAAP and non-GAAP earnings. As the chart below shows, while on a non-GAAP basis earnings have been hurting in recent years, with the LTM EPS of the S&P has declined to 116.4, down from 118.1 as of December 31, 2014, the real surprise is in GAAP EPS, which are back down to 88, a level last seen in 2007 when the market was about 500 points lower.

And, depending on whether one believes in adjusting EPS and giving companies the full credit of addbacks, pro forma numbers, and other various fudges, the P/E of the S&P as of this moment, is either 18x on a non-GAAP basis, or a ludicrous 23.7x if GAAP earnings are used.

The reason for the use of this non-GAAP numbers is very simple: to create an illusion of corporate profitability where one does not exist, something which can be seen most vividly in the earnings, or rather loss numbers of Alcoa, easily the most chronic offender of non-GAAP adjustments, which has made a half a billion dollar loss into half a billion dollar profit.

But, as the WSJ calculates, it is not just shareholders who enjoy the illusion that their investment is doing better than in reality (and thus their stock is worth more than it would be under a GAAP world) – it is corporate executives themselves who are delighted by non-GAAP numbers.

As the WSJ reports, non-GAAP adjusted metrics aren’t just showing up in earnings releases: “pro forma figures have been proliferating in annual proxy statements, too.” And the reason why in addition to shareholders, management is also infatuated with non-GAAP is because “when used with compensation metrics, they can help executives draw bigger pay packets.”

In other words, in the worst possibly form of skewed incentives, CEOs are ever more compensated to fabricate the most inaccurate profit picture they can come up with.

According to research firm Audit Analytics, the term “non-GAAP” appeared in 58% of proxies for companies in the S&P 500 that have released them so far this year. Five years ago, that term showed up in 27% of proxies for current S&P 500 constituents.

 

And this is how a major conflict of interest has emerged:

There is nothing improper about using non-GAAP measures as long as they are disclosed properly. And corporate boards decide on the measures they want to use for compensation purposes. Plus, there is an argument to be made for sometimes excluding items from results for compensation purposes. If, say, a natural disaster hits a company with expensive repairs, perhaps an adjustment is in order.

 

But other items that often get excluded in pro forma results, such as layoff-related charges, do seem like a reflection of management’s performance. And boards have too often shown a willingness to set awfully low bars for executives to clear.

Why conflict of interest? Because management teams are progressively rewarded to come up with untrue, borderline fraudulent numbers. After all, why else is the SEC allegedly “cracking down” on companies to limit the number of non-GAAP adjustments. As the WSJ itself admits, this push to rewarding management based on non-GAAP numbers disadvantages shareholders and wrecks the idea of pay for performance. “In that vein, the dramatic rise in the number of companies using pro forma measures to determine bonuses would indicate the balance between shareholders and executives is being skewed in executives’ favor.”

Some Dow Jones case studies, where as the WSJ notes an examination of the most recent proxy statements from companies in the Dow Jones Industrial Average shows about a dozen of the index’s 30 constituents had annual pro forma earnings well in excess of GAAP ones and used the pro forma ones in annual bonus calculations.

Coca-Cola’s pretax income increased by 3% under GAAP. But after adjusting for the impact of the stronger dollar and “nonrecurring items,” the income growth figure the Dow component used for bonus purposes rose to 5.5%.

 

Absent adjustments, Dow member Home Depot reported operating income of $11.77 billion last year. But the pro forma figure of $12.06 billion it used for compensation figures excluded the impact of the strong dollar and costs associated with its 2014 credit-card data breach.

 

Pfizer earned $1.11 per share last year under GAAP. But the Dow component excluded a number of items from the pro forma results it used for bonus purposes, pushing earnings per share to $2.20—above the $2.05 it had targeted for its annual incentive program.  Without that adjustment, the chief executive’s bonus under the company’s annual incentive program could have been significantly lower. While in most years, the pro forma earnings the pharmaceutical company has used for compensation purposes have exceeded GAAP, in 2013 they were lower.

And if the WSJ thinks the DJIA is bad, please don’t even think of looking at the NASDAQ and/or the Russell 2000, where the only difference between profit and loss is the FASB and SEC’s overly generous treatment of non-GAAP reporting.

The biggest risk here, however, is a simple one, and the WSJ explains it well:

“more worrisome, using pro forma to set bonuses provides executives with an incentive to exclude items not because they should, but to hit performance bogeys. That creates a risk that pro forma results say less about a company’s underlying health than about executives desire to get paid more.”

To be sure, we have been saying precisely this since 2010. We can only hope that now that the WSJ has also caught on, that the SEC will finally do something about it.

There is a problem, however: a full crackdown on non-GAAP would mean that instead of generating 116 in EPS, the S&P500 actually made 25% less in profits. Which also means that if one assumes an 18x multiple, the fair value of the S&P is just under 1,600.

So the question is whether the SEC would ever willingly step into a mine field where the crackdown on fabricated earnings would mean wiping out trillions in fabricated market cap from the S&P500. The answer: of course not. Which is why while the SEC may rage all it wants against non-GAAP adjustments, it will never actually do anything.

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Memorial Day Observed, White House Locked Down, Eric Holder Slightly Praises Snowden: P.M. Links

  • Arlington National CemeteryIt’s Memorial Day, and remembrance events are happening across the country as U.S. troops continue serving in countries like Iraq and Afghanistan.
  • Former Attorney General Eric Holder says Edward Snowden performed a “public service” by triggering debate about domestic surveillance, a public service Holder nevertheless believes should be punished.
  • The White House was put on partial lockdown over a suspicious package.
  • Verizon and striking workers have reached a tentative agreement that may end a work stoppage if approved.
  • Australia is planning to auction off millions of dollars worth of seized bitcoins that were grabbed in a bust of a guy who was selling illegal drugs online.
  • X-Men: Apocalypse won the holiday weekend box office, despite (spoiler!) being awful and making no sense. Alice Through the Looking Glass is the big box office loser. It also appears to be awful and makes no sense, so there you go.

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Ben Carson: President Hillary Would Bring About “Tremendous Carnage And Death”

In a world in which everything has devolved to threats of Mutual Assured Destruction of the “if something does not happen then the world will end” variety observed most notably with the scaremongering campaign over Brexit in which David Cameron recently went as far as suggesting that war could break out should the UK leave the EU (as well as currency collapse, recession, and some of the worst parts of the bible), it only makes sense to take whatever works and run with it.

That’s what former GOP presidential candidate Ben Carson, and the first of Trump’s former foes to endorse him, said on Monday when he told “Fox and Friends” that America is like a “cruise ship” about to tip over “Niagara Falls,” unless Republicans rally around Donald Trump.

In other words if Hillary wins, nothing short of the apocalypse would follow according to the neurosurgeon.

“America, right now, is like a cruise ship that is about to go off of Niagara Falls with tremendous carnage and death,” Carson said: “What you have to do first is recognize the problem, stop the ship, turn it around and then move in the other direction.”

Carson also warned that Gary Johnson, the Libertarian Party candidate, and any potential third-party candidate that gets into the race are stealing the spotlight away from Trump because of “petty little differences.”

Carson’s bashing of the potential Libertarian Party threat continued: “A quarter of a century ago, another Clinton was running for the White House and it was the entrance of a third-party candidate, Ross Perot, that made it possible for him to win,” Carson said. “Now, wouldn’t it be ironic if the same thing happened this time? Wouldn’t we be smart to learn from things that have happened in the past?”

“I’m hoping that whoever that third-party candidate is will stop for a moment and think about what the implications are of allowing Hillary Clinton or someone like her to get in there,” he continued. “They get two to four Supreme Court picks and completely change the nature of this  country and destroy the prospects for their children and their grandchildren to have the same opportunities that they had.”

Considering the Libertarian Party, in its current iteration, feels the odd urge to sabotage itself in the most disastrous manner, such as last night when the candidate for chairman decided to do a striptease on live TV during the party’s Orlando convention and got undressed to his underwear, Carson probably has nothing to fear from a libertarian party third party challenge.

 

Meanwhile, as Carson was predicting doom and gloom should Trump not win, across the Atlantic the most famous physicist alive today, Stephen Hawking, also chimed in on the US presidential race, when he called Trump “a demagogue who seems to appeal to the lowest common denominator,” during an appearance on the United Kingdom’s ITV network. He added that the success of Donald Trump’s presidential campaign is a mystery.

We can understand Hawking’s confusion: after all it was only a month ago when official polls discovered that Hawking was in fact dead wrong when as Reuters reported, among Trump’s supporters were America’s “wealthiest, best-educated voters”:

Trump’s sweep of Pennsylvania, Maryland, Delaware, Connecticut and Rhode Island on Tuesday included wins in some of the richest and best-educated counties in the country – like Fairfield County, Connecticut, and Newport County, Rhode Island – and added to victories in his more traditional strongholds of white working-class neighborhoods.

 

Exit polls from Connecticut, Pennsylvania and Maryland showed Trump winning about half of Republican voters with college degrees, and over half of Republican voters making more than $100,000 a year.

 

“On its face, it is hard to believe he’d be improving with a demographic group that has been so averse to his style, his denigrating language,” said Randall Miller, a professor of American politics at Saint Joseph’s University in Pennsylvania.

It appears that in addition to making a mockery of the mainstream media, Trump also managed to stump even the supposedly smartest person alive on earth.

But while Hawking may be truly a brilliant mind when it comes to cosmology and theoretical physics, his political beliefs seem to be shaped by mainstream media: during the same television appearance, Hawking urged British voters to vote in favor of keeping the U.K. in the European Union. The much-discussed “Brexit” vote is scheduled for June 23 and a vote to leave the EU would cost Great Britain in terms of its economy, national security and scientific research.

“Gone are the days we could stand on our own against the world,” he said. “We need to be part of a larger group of nations, both for our security and our trade.”

At least Hawking refrained from postulating of an alternate reality in which Trump is president and a terminal cosmological event is the consequence.

Threats about the end of the world in which a majority has elected Trump (or vice versa) aside, we are more curious what Trump’s reaction to Hawking’s statement will be, in what will hardly be a fair contest. And speaking of unfair contests, much more than Trump vs Hawking, we are already looking forward to the inevitable slamdown that will follow once Trump unloads on the Keynesian clown himself because as of today, none other than Paul Krugman just decided to join the anti-Trump fray. Please don’t disappoint us Donald.

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