Zandi’s “Job Creation Machine” Stalls As ADP Employment Growth Worst In 3 Years

Against expectations of a 195k gain, ADP reported just 156k job growth in April with manufacturing losing jobs once again and services job growth clowing quickly to catch down to such negative indicators as ISM Services Employment. This is the worst headline print since April 2013. From last week's job-creation-machine firinmg on all cylinders, Mark Zandi is now more cautious – The job market appears to have stumbled in April. Job growth noticeably slowed, with some weakness across most sectors. One month does not make a trend, but this bears close watching as the financial market turmoil earlier in the year may have done some damage to business hiring.”

 

Overall this is the worst print since April 2013…

 

As Servcies jobs start to fade…

 

Manufacturing lost jobs once again (after a brief bounce)…

 

Goods-producing employment dropped by 11,000 jobs in April, down from a downwardly revised 5,000 in March. The construction industry added 14,000 jobs, which was down from March’s 18,000. Meanwhile, manufacturing lost 13,000 jobs after being revised down to -3,000 the previous month.

Service-providing employment rose by 166,000 jobs in April, down from 189,000 in March. The ADP National Employment Report indicates that professional/business services contributed 27,000 jobs, down a bit from March’s 31,000. Trade/transportation/utilities grew by 25,000, well down from the 42,000 jobs added the previous month. Financial activities added just 4,000.

"Despite the softest overall monthly jobs added in three years, small businesses remained an engine for job growth in April,” said Ahu Yildirmaz, VP and head of the ADP Research Institute. “Smaller businesses are less susceptible to global conditions, such as low commodity prices and the strong dollar, that may have caused larger businesses to ease up on hiring.”

 

Mark Zandi, chief economist of Moody’s Analytics, said, “The job market appears to have stumbled in April. Job growth noticeably slowed, with some weakness across most sectors. One month does not make a trend, but this bears close watching as the financial market turmoil earlier in the year may have done some damage to business hiring.”

Full Breakdown…

<br />
       ADP National Employment Report: Private Sector Employment Increased by 156,000 Jobs in April<br />
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Silver Bullion Market Has Key New Player – China Replaces JP Morgan

Silver Bullion Market Has Key New Player – China Replaces JP Morgan

The silver bullion market has a key new player – Enter the Dragon. The Shanghai Futures Exchange in China is replacing JP Morgan bank and its clients as the most significant new source of demand according to a very interesting blog with some great charts and tables published by SRSrocco Report yesterday.

JP-Morgan-vs-SHFE-Silver-Inventories-NEw

According to the report:

The days of JP Morgan controlling the silver market may be numbered as a new player in the silver market has arrived.  For the past several years, JP Morgan held the most silver on a public exchange in the world.  While the LBMA may hold (or did hold) more silver, their stockpiles are not made public.

Regardless, JP Morgan held the most silver at nearly 74 million oz (Moz) in its warehouse, up until recently.  Over the past two month, JP Morgan’s silver inventories have fallen nearly 7 Moz to 67.1 Moz today:

JP-Morgan-Silver-Stocks-050316

As I mentioned in my previous article, Why Are The Chinese Stockpiling Silver? Big Move Coming?, JP Morgan increased their silver inventories from 4 Moz in April 2011 to 69.4 Moz April 19, 2016.  However, the Shanghai Futures Exchange silver inventories surged from 7.5 Moz in August 2015 to 54.7 Moz on April 19, 2016:

Basically, JP Morgan added an average 16.3 Moz of silver each year for the past years, whereas the Shanghai Futures Exchange added nearly 7 Moz per month.  Furthermore, the majority of gains came since the beginning of 2016.  Again, here is my previous Shanghai Futures Exchange silver stock chart from the article linked above:

Shanghai-Futures-Exchange-Silver-Stocks-2015-2016-NEW

As we can see from this chart dated April 19th, the Shanghai Futures Exchange more than tripled their silver inventories since November 2015.  What is even more interesting is the continued buildup over the past two weeks.  Here is an updated chart based on data for May 3rd:

Shanghai-Futures-Exchange-Silver-Stocks-050316.NEW

Over the past two weeks, the Shanghai Futures Exchange added another 179 metric tons (mt) or 5.8 Moz.  Now, if we update the JP Morgan and Shanghai Futures Exchange silver stock chart (from above) we have the following:

JP-Morgan-vs-SHFE-Silver-Inventories-050316

Here we can see that JP Morgan’s total silver inventories have declined from 69.4 Moz to 67.2 Moz, while the Shanghai Futures Exchange silver stocks have increased from 54.7 Moz to 60.6 Moz.  If the Shanghai Futures Exchange continues to add silver at this rate, it will surpass JP Morgan in a two to three weeks.

Comex Registered Silver Inventories Drop Nearly 4 Million Ounces Yesterday

When the CME Group published the recent silver inventory change on the Comex yesterday, nearly 4 Moz were transferred from the Registered to Eligible Category.  The majority of the transfer came from the CNT Depository at nearly 3.5 Moz with 485,325 oz from HSBC:

Comex-Silver-Inventories-050316

Some analysts say these transfers really don’t mean much if the overall inventories stay the same.  That may be true, but there was some reason the CNT Depository transferred 3.5 Moz of silver from their Registered Inventories to the Eligible.

That being said, the Chinese are adding a lot of silver to their Shanghai Futures Exchange warehouses.  The build from 7.5 Moz in August 2015 to over 60 Moz of silver in the beginning of May puts JP Morgan’s four-year inventory growth to shame.

For whatever reason, silver inventories at the Shanghai Futures Exchange warehouses are increasing at a rapid pace while the Comex silver stocks continue to decline.  Comex silver inventories were over 180 Moz in July 2015 and are now only 151 Moz.  This is quite interesting as the Shanghai Futures Exchange inventories started to build from 7.5 Moz in August 2015 to the 60.6 Moz today.

It will be interesting to see how the exchange inventories and price action of silver play out over the next several months.

Enter the Dragon ! See SRSrocco report here


Week’s Market Updates
Is Craig Wright The Creator Of Bitcoin? Frisby and Matonis On ‘Satoshi Nakamoto’

Gold “Chart of The Decade” – Maths Suggest $10,000 Per Ounce Says Rickards

Property Bubble In Ireland Developing Again

Silver Bullion “Momentum Building” As “Supply Trouble Brewing”

Gold News and Commentary
Investors Boost Gold Assets in World’s Top ETF by Most Since `11 (Bloomberg)
Gold hovers below 15-mth peak as dollar firms on US rate talk (Reuters)
Gold at Two-Year High Smothers Demand in Second-Biggest User (Bloomberg)
Gold snaps 6-session win streak as dollar rises (Marketwatch)
Global factory growth nearly stalled in April: PMI (Reuters)

Japan’s Abenomics ‘dead in the water’ after US currency warnings (Telegraph)
Central banks conspire to harvest Bitcoin’s revolutionary technology (Telegraph)
True fascination of bitcoin is not its mystery inventor (Guardian)
Brink of economic collapse — How did this happen? (Profit Confidential)
What comes next – Krugman’s fiscal equivalent of war (Stockman)
Read More Here

Gold Prices (LBMA)
04 May: USD 1,280.30, EUR 1,114.18 and GBP 883.59 per ounce
03 May: USD 1,296.50, EUR 1,118.15 and GBP 881.32 per ounce
29 April: USD 1,274.50, EUR 1,119.45 and GBP 873.80 per ounce
28 April: USD 1,256.60, EUR 1,106.45 and GBP 861.43 per ounce
27 April: USD 1,244.75, EUR 1,100.79 and GBP 853.58 per ounce

Silver Prices (LBMA)
04 May: USD 17.85, EUR 15.29 and GBP 11.92 per ounce (To be updated)
03 May: USD 17.85, EUR 15.29 and GBP 11.92 per ounce
29 April: USD 17.85, EUR 15.29 and GBP 11.92 per ounce
28 April: USD 17.35, EUR 15.29 and GBP 11.92 per ounce
27 April: USD 17.34, EUR 15.34 and GBP 11.87 per ounce
26 April: USD 16.95, EUR 15.02 and GBP 11.64 per ounce

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Singapore’s Surprise

Authored by Steve H. Hanke of The Johns Hopkins University. Follow him on Twitter @Steve_Hanke.

A few weeks ago, the Monetary Authority of Singapore (MAS) sprang a surprise. It announced that a further nominal appreciation of the Singapore dollar would not be in the cards. Many interpreted this as a currency war maneuver (read: competitive devaluation) intended to promote exports.

That interpretation is wrong. MAS abandoned its policy of currency appreciation, which was designed to stop the importation of inflation, because it was no longer necessary. As for using a weak currency to promote exports, it does not work that way in Singapore. Indeed, the accompanying chart shows that a weak Singapore dollar is associated with a weak, not strong, export growth.

 

It always pays to take a look at the data.

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Aeropostale Files Chapter 11: Latest Retail Bankruptcy After American Apparel, Cache, Wet Seal And Quiksilver

Teen retailer Aeropostale, a company once seen as a competitor to Abercrombie & Fitch, filed for Chapter 11 bankruptcy, listing assets of $354 million and liabilities of $390 million. The company experienced an atrocious fiscal 2015, reporting a net loss of $136.9 million in a year in which sales declined 18%.

Soon after reporting full year results, the company had its stock delisted from the NYSE, and overnight filed for bankruptcy in order to “optimize its store footprint, access additional tools to shed or renegotiate burdensome contracts, resolve its ongoing disputes with Sycamore partners, and achieve long-term financial stability.”

The retailer has secured a $160 million commitment from Crystal Financial, LLC to provide DIP financing, and has an initial plan to close 154 out of roughly 800 stores.

 

The decline was swift. The brand was established in 1987, went public in 2002, and by 2010 it had a market cap of nearly $3 billion. However, by January 2015 the company of 21,000 employees had posted losses in its last three fiscal years, and with 2015 being the fourth consecutive year of losses, its market cap imploded to just $2.9 million.

Two issues that accelerated the bankruptcy filing involve clothing supplier MGF Sourcing. MGF tightened payment terms earlier this year, moving to pre-pay instead of N60, squeezing the cash flow of the firm. Aeropostale also accuses MGF of limiting the availability of its merchandise, thus entering into a breach of contract dispute with a key supplier.

MGF is owned by Sycamore partners, who is also an Aeropostale lender. As part of the terms of a $150 million loan deal with Sycamore, Aeropostale signed a 10-year supply agreement with MGF in 2014.

Aeropostale’s filing marks yet another mall-based retailer who has had to file for bankruptcy recently. The WSJ reports that 55% of U.S. retailers who filed for bankruptcy since 2005 ended up liquidating and permanently going completely out of business, versus just 5% in other industries.

This is how the company’s CFO justified the reason for the filing in the just filed affidavit in support of the bankruptcy motion:

The Debtors’ operations have generally been profitable during the past thirty years; however, declining mall traffic, a highly promotional and competitive teen retail environment, and a shift in customer demand away from apparel to technology and personal experiences all contributed to the Debtors’ declining financial performance. These pressures were not unique to the Debtors; a number of other retailers, including competitors such as American Apparel, Caché, Wet Seal, Quiksilver, and Pacific Sun, have all recently filed for bankruptcy after facing similar market conditions.

 

In response to their declining revenues and continued financial difficulties, the Debtors embarked on a series of initiatives to restructure and streamline their businesses. Since early 2014, the Debtors have engaged in a comprehensive effort to restructure the P.S. from Aéropostale  business, closing 126 P.S. from Aéropostale stores primarily located in shopping malls, to focus on P.S. from Aéropostale stores in off-mall locations. In an effort to right-size the Debtors’ Aéropostale store base and optimize their real estate portfolio, the Debtors embarked on a review of their lease terms and retained a real estate consulting firm to investigate the economics of accelerated lease buyouts, as well as to identify opportunities for negotiating more competitive rents across the Debtors’ real estate portfolio.

 

The Debtors closed 122 Aéropostale stores in the United States and Canada during fiscal year 2014. The Debtors closed an additional 50 stores in fiscal year 2015.  Another initiative on which the Debtors embarked in 2016 was the creation of a two-store format, splitting the Debtors’ stores between a factory format and a traditional mall format. The factory stores are geographically positioned to capture broader and growing demographics and appeal to the Debtors’ most loyal customer base. They are located primarily at outlet malls and more value focused B and C mall locations and predominately offer the Debtors’ core merchandise, including logo-bearing merchandise. The mall format stores are located primarily in higher-end, or A and B, malls and are focused on more updated, classic merchandise with fewer logo-bearing products. The mall stores will serve as a showcase for the Debtors’ brands and products and will serve as a feeder of merchandise for the factory stores and the Debtors’ online retail operation. The Debtors have implemented the factory store model in 460 stores and have experienced strong initial results, while trends in the mall format stores have also improved as a result of the repositioned merchandise assortment. Additionally, the Debtors have developed additional brands for the 2016 back-to-school season that they anticipate will perform strongly in the mall stores. The Debtors have also reduced corporate headcount and taken various other strategic actions geared toward improving profitability, generating approximately $35 million to $40 million in estimated annualized pre-tax savings for fiscal 2016. 

 

In February 2016, Sycamore Partners stepped up its efforts that seem designed to orchestrate a precipitous chapter 11 filing. On February 5, 2016, Sycamore’s representative on the Debtors’ Board of Directors, Kent Kleeberger resigned from the board. Additionally, Lemur LLC (“Lemur”) another affiliate of Sycamore, which had acquired approximately eight (8) percent of the Debtors’ common equity in the summer/fall of 2013, sold its equity stake in early 2016.

And regarding the tainted MGF relationship:

On March 18, 2016, MGF delivered a purported notice of default under the Sourcing Agreement to the Debtors asserting that the Debtors’ refusal to accept delivery or pay for orders under the terms unilaterally set forth in MGF’s previous letters constituted a material breach of the terms and conditions of the Sourcing Agreement. MGF reserved its right to terminate the Sourcing Agreement following the fifteenth business day after the delivery of the notice of default. Although the Debtors dispute the allegations contained in the notice of default as well as MGF’s right to terminate the Sourcing Agreement based on those allegations, the notice was another act that hastened the commencement of these cases by the Debtors.

 

Between April 1, 2016 and April 8, 2016, due to an immediate need for inventory, the Debtors made preferential payments to MGF of approximately $15.8 million in order to induce MGF to ship goods that were past due. MGF delivered some, but not all, of the outstanding inventory of the Debtors.

 

The Debtors engaged in settlement discussions with Sycamore and MGF on April 8, 2016. Subsequently, on April 20, 2016, MGF delivered a second notice of default under the Sourcing Agreement to the Debtors again asserting that the Debtors’ refusal to accept delivery or pay for orders under the terms set forth in MGF’s previous communications constituted a material breach of the terms and conditions of the Sourcing Agreement. Under extreme duress due to their critical needs for inventory, on April 22, 2016, the Debtors made an additional preferential payment to MGF of approximately $10.1 million and MGF delivered additional merchandise.

 

The significant delays by MGF and L&F in shipping product to the
Debtors resulted in less product being available in the Debtors’ stores for the peak spring break
and Easter break sales period. The actions of MGF caused a disruption in the Debtors’ supply
chain and a corresponding negative impact on the Debtors’ liquidity. I would estimate, based on
historical performance, that the Debtors’ lost in excess of $5 million in sales due to these delays. If MGF continues to delay delivery of product to the Debtors, the Debtors may suffer further
losses in sales.

 

MGF’s actions placed the Debtors at risk of violating the $70 million minimum liquidity covenant in the Prepetition Term Loan Agreement, which was provided by a different affiliate of Sycamore. A default under the Prepetition Term Loan Agreement would have triggered a cross-default under the Prepetition ABL Agreement, and defaults under both agreements would have jeopardized the Debtors’ ability to obtain inventory for their stores and otherwise operate their businesses. To restore access to inventory, which is the lifeblood of any retail business, and to otherwise maintain the ability to operate their businesses, the Debtors commenced the Chapter 11 Cases.

But of course the simplest explanation is that this is merely the latest retail bankruptcy for just one reason: the US middle class can no longer afford to splurge on clothing as much as it did in the past.

The full filing (pdf)

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Caifornia Marijuana Initiative Seems to Have Plenty of Signatures

It looks like the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), the California legalization initiative backed by Lt. Gov. Gavin Newsom and former Facebook president Sean Parker, has enough signatures to quaify for the ballot this November. The Sacramento Bee reports that the initiative campaign, which needs 365,000 signatures, has collected more than 600,000, providing a healthy cushion against rejection of those deemed invalid.

Like the legalization measures approved by voters in Colorado, Washington, Oregon, and Alaska, the AUMA would allow adults 21 or older to possess up to an ounce of marijuana at a time. Like all of those states except Washngton, it also allows sharing (up to an ounce) and home cultivation (up to six plants per household). Unlike the four states that have legalized marijuana so far, the AUMA explicitly allows deliveries to consumers and on-site consumption at businesses licensed for that purpose. Both of those options would be both subject to approval by local governments, which also could ban marijuana businesses entirely and regulate (but not ban) home cultivation.

In other respects, the AUMA, whose backers brag that it includes “the toughest regulations of any adult-use marijuana proposal submitted to date,” is pretty restrictive, forbidding many forms of advertising, setting detailed packaging and labeling requirements, and treating possession of any amount greater than an ounce as a misdemeanor punishable by a $500 fine and up to six months in jail. Marijuana would be taxed twice: $9.25 per ounce collected from growers plus 15 percent of the retail price. The initiative requires state regulators to begin licensing producers and distributors by January 1, 2018, giving preference to existing medical marijuana businesses.

The last time Californians voted on legalization, in 2010, the initiative lost by seven points. Support has grown since then. A February poll by Probolsky Research found that 60 percent of California voters want to “legalize marijuana for recreational use.”

If the AUMA passes, California would be the most populous state by far to legalize marijuana, with one-eighth the country’s population and more than twice as many residents as Colorado, Washington, Oregon, and Alaska combined. In addition to California, legalization initiatives have qualified for this year’s ballot or are expected to do so in Nevada, Maine, Arizona, and Massacusetts.

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Frontrunning: May 4

  • Donald Trump’s Win Just Latest Tremor Shaking GOP (WSJ)
  • Trump Becomes Presumptive Republican Nominee as Cruz Exits Race (BBG)
  • How ‘Stop Trump’ failed to halt the Republican front-runner (Reuters)
  • Islamic State seeks news blackout in Mosul as Iraqi army nears (Reuters)
  • U.S. gathers allies on next steps in Islamic State fight (Reuters)
  • BHP, Vale Face $44 Billion Lawsuit Over Brazil Dam Disaster (WSJ)
  • Euro-Area Economy Starts Quarter in a ‘Low Gear,’ Markit Says (BBG)
  • Oil steadies near $45 after slide, Canada wildfire supports (Reuters)
  • Despite Shale Glut, U.S. Imports More Foreign Oil (WSJ)
  • ECB Urges Rigorous Debt-Reduction Rules as Low Rates Ease Burden (BBG)
  • Oil Price Upheaval Finally Hits Refiners (WSJ)
  • Tanker leaves east Libyan port without loading, amid stand-off with Tripoli (Reuters)
  • Apple to Revamp Streaming Music Service After Mixed Reviews, Departures (BBG)
  • Target gets tough with vendors to speed up supply chain (Reuters)
  • Brazil’s Crusading Corruption Investigation Is Winding Down (BBG)
  • Malaysia dissolves 1MDB advisory board headed by PM Najib (Reuters)
  • Portugal Says No to Pessimism When It Comes to Economic Forecasts (BBG)
  • Hollande Plots Return From the Dead as French Economy Heals (BBG)
  • Billions Are Being Invested in a Robot That Americans Don’t Want (BBG)

 

Overnight Media Digest

WSJ

– Republican front-runner Donald Trump almost certainly snared the Republican Party’s presidential nomination by winning a sweeping victory in Indiana’s primary Tuesday and forcing his chief rival, Texas Senator Ted Cruz, from the race. (http://on.wsj.com/1NjCqu4)

– Takata Corp is preparing to recall at least another 35 million rupture-prone airbag inflators that U.S. regulators have deemed a safety risk, said people familiar with the matter, further escalating a crisis at the Japanese supplier linked to numerous deaths and injuries. (http://on.wsj.com/1rjUBpl)

– MetLife Inc, one of the best-known brands in life insurance, misled tens of thousands of customers about a product that retirees seek out for safety, according to regulators, who levied a near-record $25 million fine against the company. (http://on.wsj.com/1X7JMTL)

– CBS Corp said its first-quarter earnings rose 20 percent as the broadcast of Super Bowl 50 boosted the media giant’s advertising sales. (http://on.wsj.com/21vlJhP)

 

FT

* Commerzbank earnings more than halved in the first quarter on Tuesday, hit by volatile capital markets and the drag on earnings from low interest rates.

* Commodities group Liberty House, confirmed on Tuesday that it had sent a letter of intent covering Tata Steel UK assets. The group will compete with Excalibur, a management-led buyout team that wants to bring employees on board as investors and which also sent a letter of intent.

* UBS reported weaker earnings and capital on Tuesday, following which its shares closed down 7.5 percent. The Swiss bank also warned that global financial market turmoil had paralysed client activity across its wealth management-dominated businesses.

* Barclays has launched a 100 percent mortgage which will allow some buyers to take out a entire mortgage value without needing to pay a deposit, a first by a high street bank since the financial crisis.

 

NYT

– Regulators are expected to announce as early as Wednesday that at least 35 million additional airbags made by Takata will need to be fixed, according to a person briefed on the matter. (http://nyti.ms/1rT2l2d)

– Google on Tuesday said it would expand its testing of autonomous vehicles by installing its technology in a fleet of minivans made by Fiat Chrysler. (http://nyti.ms/1Njt2qx)

– The head of development for Porsche, Wolfgang Hatz, has left the automaker seven months after he was suspended for possible involvement in Volkswagen’s emissions cheating scandal, Porsche said Tuesday. (http://nyti.ms/1QRROIG)

– Judge Ricardo Múcio Santana de Abreu Lima overturned a lower court order and lifted the nationwide suspension of WhatsApp in Brazil on Tuesday, allowing the popular messaging service owned by Facebook to get up and running again. (http://nyti.ms/26RHMmQ)

 

Canada

THE GLOBE AND MAIL

** Canada’s Veterans Affairs Minister Kent Hehr says members of the military with mental-health issues should not fear they will be automatically discharged when they step forward for treatment. (http://bit.ly/21w1oc4)

** Agriculture Minister Lawrence MacAulay promised on Tuesday to consult with farmers and processors in the coming weeks to deal with the problem of so-called diafiltered milk, triggering a potential trade showdown with the United States. (http://bit.ly/21w1uR1)

** The entire 80,000-strong population of Fort McMurray was ordered to leave everything behind and evacuate quickly as an out-of-control wildfire veered into the city on Tuesday with little warning, creating the largest fire evacuation in Alberta’s history. (http://bit.ly/21w1RLk)

NATIONAL POST

** Gregory Wiebe, a senior partner in the global accounting giant KPMG, who has been accused of being behind a tax avoidance scheme in the Isle of Man, says a lot of international tax rules “are broken” – and they need to be fixed. (http://bit.ly/21w2g0p)

** Bombardier Inc’s decision to curtail production of its largest business jets one year ago appears to be paying off, with the aircraft holding significantly more of their value than the competition. (http://bit.ly/21w2wfM)

** A dramatic increase in expected energy-related loan losses at Canadian Western Bank has reignited concerns that the effects of the energy downturn are just beginning to be felt by the country’s biggest lenders. In a pre-announcement before second quarter financial results are released later this month, the Edmonton-based bank said it will record C$33 million ($26 million) of provisions for credit losses on its oil and gas production portfolio. (http://bit.ly/21w2TqH)

 

Britain

The Times

– Manufacturing is in a period of “deep unease” and suffered its worst month in more than three years in April, as uncertainty grows over the European Union referendum result and demand at home and abroad continues to slow. (http://bit.ly/1TksFbj)

– HSBC Holdings Plc has blamed turmoil in global markets for a drop of nearly a fifth in its profits for the first three months of the year. Despite the fall in profits, HSBC said that there would be no cut to its payouts to shareholders. (http://bit.ly/1TksLQ1)

The Guardian

– The British government has ordered the insolvency watchdog to launch an immediate investigation into the circumstances surrounding BHS’s slump into administration. (http://bit.ly/1TktnW3)

– Asda has been ordered by the advertising watchdog to ensure future sales promotions do not mislead consumers about how much they could save, just days after the supermarket chain agreed to change potentially confusing pricing after public criticism by the government’s competition regulator. (http://bit.ly/1VJdsXT)

The Telegraph

– UK factory output contracted for the first time in three years in April as concerns about the global economy and troubles on the high street exerted a drag on activity. (http://bit.ly/1VJdzT8)

Sky News

– Britain’s biggest payday lender Wonga saw losses double last year as a price cap imposed by regulators, triggered a sharp fall in revenues. Wonga Group recorded a pre-tax loss of approximately 70 million pounds in 2015, compared to 37 million pounds a year earlier. (http://bit.ly/1VJdK0N)

The Independent

– A federal judge in New Orleans Monday allowed BP to drop its bid to avoid paying the second half of $2.3 billion in compensation promised to seafood interests harmed by the blown-out well. (http://ind.pn/1VJdX4b)

 

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Three In A Row…

Two days ago, when looking at the latest “Senior Loan Officer Opinion Survey on Bank Lending Practices”, we showed that Fed lending standards had tightened for the third quarter in a row, and pointed out that in recent history this has never happened without either a default cycle, or a recession, following immediately after.

 

Today, as part of its brand new daily report “Credit Bites” titled “3 in a row…” Deutsche Bank takes on the same subject, and notes that the April survey showed that on balance, banks tightened lending standards on commercial and industrial loans during Q1, even if lending standards on loans to households were said to have eased. It then updates a couple of charts DB uses to show the correlation between the C&I Loan Standards and US HY defaults (12 months on) and also that the yield curve is a good lead indicator of the direction of lending standards around 18 months in advance.

From the note:

We’ve now seen three consecutive quarters of net tightening of C&I lending standards in the US (Figure 1, left) and previously whenever this has happened it has ultimately led to a full blown default cycle – albeit with only three cycles of data to examine. The series does tend to exhibit sweeping cyclical tendencies with momentum and is not prone to random fluctuations. So it’s a worry that we’ve entered the net tighten stage and have stayed there for three quarters now. The good news is that although it points to a continuation of the rising default trend over the next 12 months, the net tightening (+12) is still relatively mild.

 

 

The shape of the yield curve suggests more tightening to come though (Figure 1, right). A reminder that we like the yield curve as a lead  indicator as it is in our opinion a very good proxy for animal spirits. When the yield curve is steep, animal spirits should be high as the risk rewards to investing out the curve are high. The opportunity costs of being defensive at the front of the curve are potentially very high. When the yield curve flattens the risk/reward reduces and animal spirits should fade and lending standards should gradually tighten. To exaggerate to illustrate when we have an inverted yield curve animal spirits should be severely curtailed as any kind of lending/investing out the curve carries a poor risk/reward profile and potentially negative carry.

 

To date the US yield curve hasn’t yet indicated a full blown default cycle but
the momentum remains worrying. The debate still rumbles on as to whether
this cycle is different given the artificial nature of both ends of the major global yield curves. Although the last 4 US recessions have been preceded by an inverted yield curve, not all post WWII recessions saw an inversion beforehand but all saw a flattening of the curve (Figure 2). Maybe we won’t see an inversion this time round prior to the next recession due to the extremely low Fed funds rate.

 

* * *

Or maybe it is all a matter of how one looks at the yield curve: recall that as we showed 3 months ago using a BofA adjustment to the OIS curve to factor in the Fed’s interventions, the curve is already inverted:

Applying our methodology to the OIS curve, we found that the adjusted 3m5s OIS curve at -30bp is already inverted. This suggests that the curve already could be priced for a recession (Chart 12). Granted, our methodology signaled a false alarm in 2012 when the curve was also inverted but a recession did not follow (Chart 12). However, at that time the curve flattened to extreme levels because of the forward guidance, an unprecedented event in the history of US monetary policy. In contrast, this time the curve flattened following the Fed hike, which looks more like a typical curve inversion episode. In fact, the Fed was hiking in all previous historical episodes where the curve inverted ahead of US recessions (Chart 8). From this point of view, the current curve flattening may be more worrisome.

In any event, it is now up to the Fed to pull an ECB -perhaps in the form of monetizing corporate debt and/or loans- and to find a way to open up credit channels, as otherwise it will be very difficult for cash strapped companies to avoid both a default cycle and the recession that – at least bast on historical data – will follow.

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Who Would Bankrupt America First?: New at Reason

Ted Cruz is out and Bernie Sanders might as well be. Last night’s results in Indiana help cement the idea that the primary season’s effectively over.

John Stossel writes:

The Republican and Democratic presidential nominees have been chosen. Ignore the deluded supporters of Bernie Sanders and Ted Cruz. It’s over. The odds at ElectionBettingOdds.com make it clear: It will be Donald vs. Hillary.

A closer contest would be: Who will bankrupt America first, Trump or Clinton?

Trump’s a contender because he promises a trade war. That’s what gave us the Great Depression. Trump claims that China is “raping” America. No, Donald, rape is force. Your proposed tariffs are also force. Trade is voluntary and good.

Big difference.

Clinton might bankrupt America first, however, because Democrats promise more regulation and handouts—free college, free pre-K, higher minimum wage, etc. Similar activist government spending just destroyed Puerto Rico.

View this article.

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Global Stocks Slide As Dollar Continues Rising: Has The “Pricing In” Of Trump Begun

While there was no unexpected overnight central bank announcement unlike yesterday’s surprise by the RBA which unleashed volatility havoc in the FX market, which promptly spilled over into all asset classes, overnight stocks around the world saw another leg lower without a tangible catalyst, while EM currencies fell to a one-month low after two Fed presidents raised concern investors had become too complacent in their belief that U.S. interest rate raises will stay on hold. Or perhaps all that is happening is that after ignoring Trump, the market is starting to finally price in the possible reality of the Donald in the White House (although as Jeff Gundlach pointed out, Trump would be a far better president for the economy and the market than Hillary or Bernie).

Equity market sentiment seems to be rolling over globally as the wind begins to come out of the oil price rally,” said Angus Nicholson, market analyst at IG in Melbourne. “Given the move in commodity prices, the materials and energy sectors are set for a difficult session.”

The dollar has climbed against all its 16 major peers since Monday’s close as Atlanta Fed President Dennis Lockhart called a June rate increase “a real option,” while San Francisco’s John Williams said he would support such a move at the next meeting provided the U.S. economy stayed on track. While both are non-voting members of the Federal Open Market Committee, the outlook for Fed policy is under scrutiny with data on nonfarm payrolls due at the end of the week.

“While the probability of a hike next month is very low, I do think the market is underpricing the chances of a hike after that,” Michael Wang, a strategist at hedge fund Amiya Capital told Bloomberg. “And to that extent emerging markets may be vulnerable.”

As the chart below shows, the market is clearly unprepared for a rate hike and is pricing in a 90% chance of no Fed move next month.

As a result, stocks in Europe and developing nations fell for a fourth straight day while Asian shares have now fallen for the 6th session, their longest losing streak since the February lows. The dollar extended Tuesday’s recovery from the weakest level in almost a year, while Russia’s ruble tumbled the most in more than a week and Malaysia’s ringgit dropped to the lowest since March. After briefly bouncing on yesterday’s API inventory data, oil resumdes its decline before official DOE stockpile data scheduled for release Wednesday that’s forecast to show a fuel glut is expanding.

Europe’s Stoxx 600 Index was down 0.6% with all industry groups in the red. Anheuser-Busch InBev NV slid 3.1% after reporting sales and profit growth that missed estimates. BHP Billiton Ltd. tumbled after it was named in a $44 billion law suit over a dam rupture in Brazil that caused deaths and severe environmental damage. In the green were Siemens, Europe’s largest engineering company, up 0.6% and Societe Generale which rose 3.8% after both reported better earnings than analysts forecast.

The MSCI Emerging Markets Index of stocks fell 1 percent to the lowest in almost a month. Russia’s Micex Index dropped 1.1 percent as trading resumed following a two-day holiday. The Hang Seng China Enterprises Index fell 0.6%, dropping for a third day, and the Shanghai Composite Index slipped less than 0.1 percent. US equity futures were down 0.7%, after dropping 0.9% in the last session.

Market Wrap

  • S&P 500 futures down 0.7% to 2042
  • Stoxx 600 down 0.5% to 334
  • FTSE 100 down 0.6% to 6147
  • DAX down 0.4% to 9883
  • German 10Yr yield up less than 1bp to 0.21%
  • Italian 10Yr yield up 5bps to 1.5%
  • Spanish 10Yr yield up 5bps to 1.61%
  • S&P GSCI Index down less than 0.1% to 348.2
  • MSCI Asia Pacific down 0.9% to 128
  • Nikkei 225 closed
  • Hang Seng down 0.7% to 20526
  • Shanghai Composite down less than 0.1% to 2991
  • S&P/ASX 200 down 1.5% to 5271
  • US 10-yr yield down less than 1bp to 1.79%
  • Dollar Index up 0.12% to 93.06
  • WTI Crude futures down 0.1% to $43.60
  • Brent Futures down less than 0.1% to $44.95
  • Gold spot down 0.6% to $1,279
  • Silver spot down 0.5% to $17.33

Global Top News

  • JetBlue and Bombardier Said to Resume Talks on C Series Order: Agreement would follow recent purchase of 75 jets by Delta
  • Aeropostale Files for Bankruptcy in Latest Retailer Meltdown: Changing tastes, fast-fashion rivals prove too much for chain
  • Takata Survival Seen Getting Harder With Wider Air-Bag Recalls: Co.’s talks with U.S. regulators could lead to recall of millions of additional vehicles
  • Altice Gets Approval From FCC to Acquire Cablevision Systems: Co. is pleased with decision, sticks with plans to complete deal in 2Q
  • Trump Nomination All But Certain After Indiana Win, Cruz Quits: Sanders surprises Clinton with defeat in Democratic race
  • Pfizer Said to Approach Medivation on Potential Buy: Reuters
  • Hellman & Friedman Said Near $7.5b Purchase of MultiPlan: WSJ
  • Target to Overhaul Rules, Fines to Quicken Supply Chain: Reuters
  • TSMC to Make Processors for New Apple Products: Comm. Times

Looking at regional markets, Asia stocks traded lower following Wall St.’s losses as growth concerns and commodity weakness dampens sentiment. ASX 200 (-1.5%) saw losses in energy and basic materials after WTI crude futures fell below USD 44/bbl and iron ore decline over 4%, while index heavyweight BHP Billiton also underperformed after Brazil filed a USD 43b1n civil lawsuit against Co.’s Samarco JV. Chinese markets were also weighed by the commodity declines, although the Shanghai Comp (-0.1 %) has fared better than its peers after the PBoC continued to provide liquidity into the interbank market with another CNY 100bIn injection. As a reminder, Japanese markets remain closed for Greenery Day

Asian Top News

  • PBOC Opens Taps to China Policy Banks in Bid to Sharpen Stimulus: Lending for policy banks now approved at start of each month
  • Indonesia Growth Fails to Pick Up in Setback to Jokowi Reforms: 1Q GDP increases 4.92% y/y vs est. 5.07%
  • Hong Kong Bank Funds Said Frozen for Some Tangled in 1MDB Probe: Individuals affected probed by authorities outside Malaysia
  • Xi’s Silk Road Dream for China Hits a Speed-Bump in Thailand: S.E. nation rejects offer of financing for rail project
  • Mobius Says Buy Commodity Stocks as Rebound’s Just Beginning: Templeton Emerging Markets adding holdings of China producers
  • Ayala Land Says 1Q Profit Rose 14% Y/y, Spent 23.4b Pesos: 1Q sales +8% to 26.97b pesos

In Europe, equities trade modestly in the red after a slew of earnings updates from notable large caps dictated the state of play. The underperformer of the morning has been the FTSE 100 with shares of mining heavyweight BHP Billiton tumbling after reports that Brazil have filed a USD 43b1n lawsuit against the Co., while the DAX moved south of 9950 having tripped below yesterday’s low.

From a fixed income perspective, Bunds initially edged lower with yields rising and as such the curve notably bear steepened. Additionally, German paper underperformed relative to USTs given the large amount of supply expected hitting the market with government bond auctions from France, Germany and the UK totalling around EUR 14bIn. However, with the auctions now out the way, Bunds have pared much of their opening losses to head into the North American open around the 163.00 level.

European Top News

  • Shell Quarterly Profit Beats Estimates on Refining Earnings: Company cuts billions more dollars from capital spending plan
  • AB InBev First-Quarter Sales Miss Estimates on Brazil: U.S. sales to retailers fell 0.3% on adjusted calendar basis
  • Credit Suisse Sells Debt Assets to TPG Arm for $1.27 Billion: Sale results in charge of about $100m for Credit Suisse
  • Societe Generale Beats Profit Estimates, Plans Deeper Cuts: Bank announces additional cost cuts of EU220m
  • Siemens Quarterly Profit Beats Estimates on Power Orders: Cost-savings goal lifted to as much as EU950m this year
  • Adidas Decides to Sell Golf Division to Focus on Clothing: Talks planned for disposal of TaylorMade, Adams and Ashworth
  • Euro-Area Economy Starts Quarter in a ‘Low Gear,’ Markit Says: Composite PMI at 53 in April, services gauge at 53.1

In FX, the dollar appreciated 0.1 percent to $1.1486 per euro and advanced 0.2 percent to 106.79 yen. Japanese Finance Minister Taro Aso said Tuesday, when the currency reached an 18-month high, that the government is monitoring speculative foreign-exchange trades and will respond if needed. The yen has strengthened more than twice as much as any other major currency in the past week as the Bank of Japan unexpectedly refrained from adding to stimulus at a policy review.

The MSCI Emerging Markets Currency Index fell for a third day, sliding 0.7 percent. Malaysia’s ringgit dropped 1.4 percent, the most since September, and South Korea’s won weakened 1.2 percent. “The market is grasping the view that the dollar probably fell a little too much, and a rebound could be ahead, and this seems to have deteriorated sentiment towards emerging-market assets including the won,” said Jeon Seung Ji, a currency analyst in Seoul at Samsung Futures Inc.

Risk sentiment is steady as a result, and enough to keep the JPY pairs in tight ranges for now. USD/JPY tested 107.50 higher up, but clearly rejected this, but on the downside, the recent USD revival means there is no rush to test the mid 105.00’s again just yet. EUR/USD buyers from 1.1470 — previous resistance, but no convincing come-back as yet. Data-wise, EU services were a touch off expectations, more so retail sales. UK construction PMIs were also below forecasts, but to limited effect.

In commodities, WTI and Brent have both traded flat for the session after falling in recent days. The level to look for in WTI on the downside would be USD 43.28/bbl as this could provide some support, and if this level breaks, the next notable level is USD 41.80/bbl. Also in the commodities sector Gold prices retreated further away from the USD 1300/oz level and on a technical note the key support level to look out for is the USD 1272.00 level, Silver has also come off highs and now resides at the 23.6 fib level at USD 17.27/oz also the RSI is showing a slight bullish divergence which could mean a brief relief move to the upside. Elsewhere copper and iron ore also saw lacklustre trade amid global growth concerns and also weighed as USD recovered from near 16-month lows.

On the US calendar,  it is a busy session kicked off by the April ADP employment change print (195k expected) which will be closely watched ahead of payrolls on Friday. The March trade balance is then due to be released, followed by Q1 nonfarm productivity and unit labour costs data. Later on today we’ll then get those services and composite PMI’s, followed imminently by the ISM non-manufacturing reading for April. Expectations are for a modest pick-up to 54.8 which if true will confirm the biggest spread between the ISM series since January. March factory orders data is also due along with any final revisions to the durable and capital goods orders data.

Bulletin Headline Summary from RanSquawk and Bloomberg

  • European equities have spent much of the session in the red, while Bunds have pared much of their opening losses in the wake of a slew of European auctions
  • USD-Index continues to grind higher ahead of the North American crossover, paring some of the recent heavy losses
  • Today’s highlights include US ADP Employment, Services PMI, US Factory Orders and ISM Non-Manufacturing and DoE crude oil inventory report
  • Treasuries steady in overnight trading as global markets and precious metals sell off; U.S. Treasury will release quarterly refunding announcement at 8:30am ET.
  • Low interest rates are helping to reduce euro-area public debt, but rigorous enforcement of European Union fiscal rules is also needed to bring the burden down by a “sizable” amount, the European Central Bank said
  • Chinese debt investors are turning bearish at just the wrong time for the nation’s corporate borrowers, which face a record 3.7 trillion yuan ($571 billion) of local bond maturities through year-end
  • China’s central bank is turning on the credit taps to its policy banks as it seeks to support the economy by channeling credit to designated areas of the government’s choosing
  • Record-low interest rates and wild market swings are eroding profit at Europe’s banks, with no end in sight. From UBS’s wealth-management unit to Commerzbank’s consumer-lending business, income is shrinking as margins get squeezed and clients avoid trading
  • Societe Generale SA reported an unexpected increase in first-quarter profit, boosted by consumer banking, and announced plans to deepen cost cuts at its investment bank. The shares jumped
  • Donald Trump became the presumptive Republican presidential nominee on Tuesday after driving his top challenger, Texas Senator Ted Cruz, from the race with a crushing Indiana primary win
  • Sovereign 10Y yields mixed; European and Asian equity markets drop (Japan closed); U.S. equity-index futures fall. WTI crude oil drops, metals lower

US Event Calendar

  • 7am: MBA Mortgage Applications, April 29, no est. (prior -4.1%)
  • 8:15am: ADP Employment Change, April, est. 195k (prior 200k)
  • 8:30am: Trade Balance, March, est. -$41.2b (prior -$47.1b)
  • 8:30am: Nonfarm Productivity, 1Q P, est. -1.3% (prior -2.2%)
    • Unit Labor Costs, 1Q P, est. 3.3% (prior 3.3%)
  • 9:45am: Markit US Services PMI, April F, est. 52.1 (prior 52.1)
  • 10am: ISM Non-Mfg Composite, April, est. 54.8 (prior 54.5)
  • 10am: Factory Orders, March, est. 0.6% (prior -1.7%)
    • Factory Orders Ex Trans, March, no est. (prior -0.8%)
    • Durable Goods Orders, March F, est. 0.8% (prior 0.8%)
    • Durables Ex Transportation, March F, est. -0.1% (prior -0.2%)
    • Cap Goods Orders Non-defense Ex Air, March F, no est. (prior 0%)
    • Cap Goods Ship Non-defense Ex Air, March F, no est. (prior 0.3%)
  • 10:30am: DOE Energy Inventories
  • 6:30pm: Fed’s Kashkari speaks in Rochester, Minn.

DB’s Jim Reid concludes the overnight wrap

Small ash clouds gathered over markets yesterday as it was back to risk-off mode as investors contemplated a number of variables all of which contributed to a distinctly weaker tone through the session. FX volatility has been a big theme of late and yesterday was case in point with some sharp and wild moves across key currencies. Indeed the intraday ranges for the Euro, Yen and Sterling were 1.04%, 1.07% and 1.63% respectively. The Euro in fact touched 1.162 yesterday matching the highs of August last year, while the Yen was as strong as 105.55 at one stage and the strongest in 18-months. As a result the Dollar index broke below 92 in early trading (and so nearing 2014 levels) before swinging back to a late session gain (of +0.34%) before the close of play. Still, the range topped 1.20% and if we look further afield at EM currencies there were losses of at least 1.50% for currencies in Turkey, Brazil, Mexico, South Africa and Colombia. The RBA rate cut also contributed to a near 2.5% decline for the Aussie Dollar.

Also not helping was a weaker session for commodities. WTI continued its slide after falling -2.52% and is now back below $44/bbl having traded as high as $46.78 intraday at the back end of last week. That earlier softer than expected manufacturing data in China also contributed to a poor day for base metals with the likes of Copper (-2.57%), Aluminium (-2.74%) and Iron Ore (-4.27%) all falling heavily. Even Gold (-0.39%) went against its usual safe haven status. So that saw mining and energy names get heavily hit, while banks stocks also had a day to forget after disappointing earnings reports out of UBS and Commerzbank saw their share prices tumble 8% and 10% respectively and so lead the sector broadly lower.

By the close of play the Stoxx 600 was down -1.66%, while the S&P 500 closed out the day with a -0.87% loss and so more than wiped out Monday’s gains. The index has now retreated on three out of the last four sessions and it appears that the rally which has essentially been going since mid-February is losing momentum. Credit markets mirrored the weaker performance for risk. In Europe the iTraxx Main and Crossover indices ended 3bps and 10bps wider (with financials indices hit harder) while in the US the CDX IG index closed over 3bps wider. Rates markets were the biggest beneficiaries yesterday. 10y Treasury yields were nearly 8bps lower and closed back below 1.80% for the first time in two weeks, while similar maturity Bund yields rallied to the tune of nearly 7bps.

This morning in Asia we’ve seen bourses largely follow that weak lead from the US last night and trade in the red for the most part. The Hang Seng (-1.19%), Kospi (-0.62%) and ASX (-1.05%) in particular are down the most, while losses for bourses in China have generally been more modest. The Shanghai Comp is down -0.22% currently. Markets in Japan are still closed for a public holiday, although the Yen is actually half a percent weaker this morning and bucking the recent trend.

With no data released overnight, the other big focus this morning is the US Presidential Election race. After Trump secured the Indiana primary, the big news since is the announcement that Ted Cruz has decided to withdraw from the Republican race and so all but confirms Trump as the Republican nominee. Sanders defeated Clinton in the Indiana primary for the Democratic race, but it looks unlikely to stop Clinton now likely facing off against Trump.

Moving on. Despite the still lowly probability (12%) being priced into a rate hike by the Fed in June, some attributed yesterday’s reversal in the US Dollar off the lows to the comments from Fed officials yesterday. Both San Francisco Fed President Williams and Atlanta Fed President Lockhart stuck to the Fed script by not ruling out the possibility of a move next month. Lockhart said specifically that ‘I would put more probability on it being a real option’ and the ‘communication of committee participants and members between now and mid-June obviously should try to prepare the markets for at least a realistic range of possibilities’. Meanwhile, Williams went as far as to say that should inflation continue to rise towards the Fed’s target and growth rebounds towards his 2% target for the year, then ‘it would be appropriate’ to ‘go that next step’ in hiking in June.

In fact we’ve heard from Lockhart again overnight and while the bulk of his comments reinforced those made during the day, he also added that the uncertainty stemming from the Brexit referendum ‘has some potential to loom large as we approach the June meeting’. June is all of a sudden looking like a big month for markets and it’s worth highlighting that in the time between June 15th and June 26th, we’ll have the FOMC meeting (on the 15th), BoJ meeting (on the 16th), BoE meeting (on the 16th), UK EU referendum (on the 23rd) and a possible Spain election on the 26th. In the background we’ll also have the ECB starting their corporate bond purchases, with their success likely to be a big factor in credit markets in June and beyond.

Elsewhere, despite the weaker day for markets yesterday the economic data out of the US was actually fairly reasonable. The IBD/TIPP economic optimism reading in May firmed 2.4pts to 48.7 (vs. 46.5 expected) and so reaching the highest level in a year. Meanwhile vehicle sales rose last month. Total vehicle sales increased to an annualised rate of 17.3m (vs. 17.4m expected) having plummeted to 16.5m in March. Domestic vehicle sales printed at 13.5m (vs. 13.4m expected), a rise of 500k. Finally the ISM NY was up a fairly robust 6.6pts to 57.0.
In Europe the main data of note was out of the UK where the April manufacturing PMI came in at a disappointing 49.2 – the first sub 50 reading for 3 years. That represented a decline of 1.5pts from March after expectations had been for a rise to 51.2. Elsewhere the Euro area PPI reading printed higher than expected last month at +0.3% mom (vs. 0.0% expected).

Looking at today’s calendar, this morning in Europe the calendar is dominated by the release of the April services and composite PMI’s. We’ll get the final revisions for the Euro area, Germany and France as well as the data for the peripheral countries. Euro area retail sales are also worth keeping an eye on today. Meanwhile it’s a packed calendar across the pond this afternoon. Kicking things off will be the April ADP employment change print (195k expected) which will be closely watched ahead of payrolls on Friday. The March trade balance is then due to be released, followed by Q1 nonfarm productivity and unit labour costs data. Later on today we’ll then get those services and composite PMI’s, followed imminently by the ISM non-manufacturing reading for April. Expectations are for a modest pick-up to 54.8 which if true will confirm the biggest spread between the ISM series since January. March factory orders data is also due along with any final revisions to the durable and capital goods orders data. Away from the data we’re due to hear from the Fed’s Kashkari, while the ECB’s Weidmann is also scheduled to speak today. Earnings wise we’ve got 38 S&P 500 companies scheduled to report with the highlights being Kraft Heinz and Metlife. In Europe we’ll get earnings reports from 29 Stoxx 600 companies including Royal Dutch Shell. So plenty to keep us busy.

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Should a ‘Potential Criminal Background’ Override the Second Amendment?

A New York Times story about state laws loosening restrictions on carrying guns in public quotes Ladd Everitt, spokesman for the Coalition to Stop Gun Violence, who as you might expect does not approve. “What is alarming to the police,” he says, “is that they have no power to ascertain the potential criminal background of an armed individual until a crime is committed, and by then it is too late.”

That quote directly follows a reference to laws that “eliminate the police’s role in issuing permits or questioning people who are openly armed,” and it’s not clear which change Everitt had in mind. But the phrase “potential criminal background” nicely captures the factors that police can consider when they have broad discretion over who may own or carry guns.

A person’s actual criminal background is already a factor in determining who is allowed to own firearms under federal law: Anyone with a felony conviction, even for a nonviolent offense, is disqualified, and so is anyone with a misdemeanor conviction involving domestic violence. By contrast, a person’s potential criminal background is a law enforcement official’s subjective assessment of his propensity to commit crimes. As far as gun controllers are concerned, it is reckless not to trust police with the discretion to stop possibly dangerous people from arming themselves. After all, once a gun owner actually commits a crime, “it is too late.”

This precautionary approach makes perfect sense, as long as you see no practical value in allowing law-abiding citizens to carry guns and no constitutional value in respecting the Second Amendment right to keep and bear arms. The same attitude underlies New York City’s gun control laws, which require residents to beg permission not only to carry firearms in public but even to keep them at home or work. A few weeks ago, I noted the arrest of Alex Lichtenstein, a Brooklyn fixer who allegedly helped expedite his clients’ pistol permit applications by paying off the cops charged with deciding which New Yorkers deserve to exercise their Second Amendment rights. This week the New York Daily News reported that the NYPD has been seizing guns from Lichtenstein’s customers—not because they are dangerous or legally disqualified from owning firearms but simply because they did not undergo the department’s “full review,” which often takes more than a year and goes well beyond the requirements of federal law.

Aside from rejecting outright bans on handguns, the Supreme Court has not addressed the question of how burdensome firearm regulations can be without violating the Second Amendment. Its answer will depend on who replaces Antonin Scalia on the Court, which will in turn depend on who wins this fall’s presidential election. But it is hard to think of any other constitutional right that can be exercised only after a long review by government officials based on imponderables such as the supplicant’s future crimes.

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