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Monday, May 21, 2012

| 05.21.12 | What the JPMorgan fiasco means for the Volcker Rule

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May 21, 2012
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Today's Top Stories
1. Dimon to testify in Washington
2. How big will JPMorgan's losses be?
3. Facebook's IPO in perspective
4. Calls for Dimon resignation from NY Fed bank board
5. Bond buyers bet on inflation

Editor's Corner: What the JPMorgan fiasco means for the Volcker Rule

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Editor's Corner

What the JPMorgan fiasco means for the Volcker Rule

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn


People seem to agree that the multi-billion dollar trading fiasco at JPMorgan Chase has huge implications for the Volcker Rule, but no one seems to know exactly what those implications are.

On one hand, the shockingly large positions that the bank amassed as a seller of CDSs on indexes and some untimely hedges on those original hedges have fueled a general sense that banks that benefit from FDIC insurance should be subject to some sort of limits. And that is what the Volcker Rule aspires to. So in that sense, the bank's trading fiasco is a win for proponents of the Volcker Rule.

But when you get into the nuances, the implications are less clear. For one thing, even proponents of the Volcker Rule agree that banks ought to be able to offer market making services and to legitimate hedge to offset risks that arise in the normal course of business. Do the JPMorgan trades qualify? Would they have been legal under the Volcker Rule as currently understood? The rules of course are not final, even though the July implementation date has not been formally changed. And it's fair to say that ahead of the deadline (and before the JPMorgan trade implosion), the big issue was how to define legitimate trading activity and thus differentiate it from proscribed proprietary activity.

My sense is that the trades at issue generically violate the spirit of the rule, as the trades ultimately went way beyond mere risk offset and deep into the realm of proprietary activity. The spirit of the Volcker Rule holds that hedges are allowable only to offset risks on a roughly dollar for dollar basis.

Anytime you see the need to create expensive hedges on an original crop of hedges certainly would indicate that the original hedges have taken on a proprietary life of their own. Frankly, it would be simpler if the trades were the product of a rogue, who knowingly and willingly bet the bank's proprietary funds in a bid for glory. But that's not the case. Instead, the bank has said the original trades were legitimate hedging. The problem was simply shoddy execution. From a Volcker Rule perspective, the key will be the formuli that governs what's legitimate and what's not. In any case, the point is to prevent hedges from becoming de facto large directional bets, which is exactly what happened. So one could argue that the JPMorgan debacle underscores the need for the rule to be implemented quickly.

On the other hand, the industry is quite adept at using statistics to serve whatever it aspires to. And you can bet that the bank can show that the hedges were indeed legitimate offsets to other, legitimate positions taken by the bank. But there's always going to be some wiggle room. Indeed, anytime you short a bond, you can call it a hedge against inflation. The point for some people is that there is no way a government agency can hope to come up with a rule governing what constitutes legitimate hedging from hedging that veers too close to prop betting---much less enforce. For these folks, the lesson here is that proscribed activity cannot be practically separated from legitimate activities and that the only solution is a return to Glass Steagall, that is, to separate commercial banking from investment banking completely.

What camp are you in?

-Jim

Read more about: proprietary trading, hedging
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Today's Top News

1. Dimon to testify in Washington

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

JPMorgan CEO Jamie Dimon was thought to be an executive of extreme influence in Washington.

He emerged from the financial crisis as something of a go-to guy, and industry leader willing to engage top officials on the tough issues. The insider ties he cultivated since the financial crisis will soon be tested, as he comes under mounting pressure in Washington over JPMorgan's $2 billion trading fiasco that has jolted the entire industry. I've suggested that the Teflon has been wearing just a bit, and we'll soon get an indication of just how much.

It's telling perhaps that Treasury Secretary Timothy Geithner has called publically for Dimon to step down from the board of the Federal Reserve Bank of New York, which ostensibly is one of the bank's regulators. He joins the likes of Elizabeth Warren, Eliot Spitzer and others. In addition, the Senate banking committee will soon call Dimon to testify, and he really has no choice but to accept the offer.

As of now, the committee has not set a date for the hearing, but that is expected soon. It will be quite a media event. On top of all this, the Justice Department and the SEC have opened investigations into how all this could've happened. My sense is that the best thing the bank board can do at this time is to let it be known that it is seriously considering clawbacks, from the responsible executives and from the CEO as well. That would dampen the public outrage and position Dimon as an accountable executive. He can afford it, after raking in $23 million for his work in 2011.

For more:
- here's an article from Politico

Related articles:
Top JPMorgan exec resigns

 

Read more about: Jamie Dimon, JPMorgan Chase
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2. How big will JPMorgan's losses be?

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

The conventional wisdom seems to be that JPMorgan's losses, which were originally estimated by the company at $2 billion, have grown in recent days as the market continues to move to the detriment of the bank's open CDS positions.

The assumption is that the losses have grown to about $3 billion on paper.

So how much will the bank ultimately lose? Oppenheimer & Co has estimated an upper bound of sorts. It used the average of the Markit CDX NA IG Series 9 index in 2011 "to estimate on a straight line basis a theoretical additional loss for the bank of $5.9 billion. Oppenheimer analysts, however, cautioned that such a large loss was unlikely."

They say the bank has likely set up some hedges--I can only hope they got the maturity dates lined up, etc.--and the estimate doesn't account for market moves driven by trading. I think the latter is important. While the market has moved against JPMorgan in the short term, it may reverse course. The market has been driven to a degree by the market dynamics of hedge funds sensing blood and trading against JPMorgan Chase.

That dynamic may play itself out fairly soon if the market continues to perceive improvement in the credit quality of the big companies in the index. That would move the market back in JPMorgan's favor. So the net loss may be closer to $2 billion. In any case, it would be nice if the bank were to spell out its positions in more detail.

For more:
- here's the article

Related articles:
JPMorgan's losses grow

Read more about: proprietary trading, JPMorgan Chase
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3. Facebook's IPO in perspective

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

If you were in or around the technology industry in the mid-1990s, you remember well what an electrifying moment the Netscape IPO was.

The company was cast as the antidote to an evil empire, which at the time was Microsoft, and the shares fared well early on. At the time, a company just 16 months old going public was unheard of. Truly, the company was special -- or so we thought. If you were in or around the technology industry in the mid-2000s, you remember well just how momentous the Google IPO was. The company was also cast as the antidote to an evil empire, which was again Microsoft, and its shares fared well early on as well. In the end, Netscape was vanquished, while Google prospered. Facebook seems to be sort of in-between.

I hope it will resemble Google more than the short-lived Netscape in terms of longevity. Facebook might be seen as having a more mature business model early on, and that might serve to limit its upside. Of course, Google was able to make its advertising model pay handsomely, while it remains unclear if Facebook can do so with as much success.

There are plenty of skeptics. "It is the eternal question with start-ups. Facebook seems in some ways as tenuous as Netscape, in others as sturdy as Google. With a valuation that should clear $100 billion, there is a lot of room for error," notes the New York Times. It's now the 23rd largest company by market capitalization.

For more:
- here's the article
- here are some Facebook milestones

Related articles:
Facebook underwriters lift IPO range
Is Facebook overvalued?

Read more about: IPO, Facebook
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4. Calls for Dimon resignation from NY Fed bank board

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

As the controversy over the multi-billion dollar JPMorgan trading debacle drones on, criticism of CEO Jamie Dimon has stepped up.

Here's what Eliot Spitzer has to say: Dimon "has tried so hard in the past several years to seem the 'good banker.' He is so charming and gracious, yet all the while lobbying, cajoling, pushing, and wheedling to eviscerate any semblance of real reform on Wall Street. He shrugged off the cataclysm of 2008 as just something that happened, like the weather—no need for any structural reform. Now the chickens have come home to roost—at least 2 billion of them—and it is clear that Chase is like every other big financial institution with distorted incentives."

He goes on to ask: "Did Dimon not understand those risks, not care to know about them, or actually mislead the public about them?"

Spitzer also voices support for the idea, first floated by Elizabeth Warren, that Dimon should resign his position on the board of the Federal Reserve Bank of New York, which is supposed to oversee his bank.

"If Dimon fails to resign from the New York Fed, there should be a public outcry demanding his resignation."

Is this a good idea? Yes. But the more strident the calls for him to step down, the more likely it is that he will not. That said, the JPMorgan board is no doubt attuned to the fact that they cannot sit idle. They need to address the issues in a meaningful way, at the risk management level and at the optics level. Perhaps they will come up with a more creative solution.

For more:
- here's the essay    

Related articles:
The humbling of Jamie Dimon
Jamie Dimon loses his luster

Read more about: proprietary trading
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5. Bond buyers bet on inflation

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

This week's auction of $13 billion worth of 10-year TIPS was held up as a litmus test of the bond market's view of inflation. As TIPS were already trading at a negative yield, the big issue was just how much a negative yield the market would demand for this fresh batch of securities. We now have our answer.

According to Dow Jones, bond buyers accepted a negative 0.391 percent yield--a record low--reflecting "their willingness to pay a premium to own U.S. government debt, perhaps on the belief that they will be compensated with rising inflation down the line. In fact, this yield is lower than the going market rate at the time of the sale. These securities sold at a -0.046% yield in the January auction, then at -0.089% in the March sale."

Demand was strong, as the auction registered a bid-to-cover ratio of 3-1. The most demand seemed to originate with foreign buyers. Demand from domestic buyers was much more tepid. I'm not sure what the overseas buyers know that domestic buyers don't. The immediate threat of inflation may not be extreme, but over a decade, we would expect some gains in the CPI. Most likely, these securities will pan out. I would be shocked if buyers end up receiving less than their principal when all is said and done.

For more:
- here's the article

 

 

Read more about: bonds, Treasuries
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SPOTLIGHT ON... Wells Fargo continues transition to checking account fees

Wells Fargo is taking a stay-under-the-radar approach to raising fees on checking accounts, which has largely kept criticism at bay, relatively speaking. It certainly has not encountered a Bank of America debit card fee-like response as it expands the number of states in which it will charge a checking account fee. The bank started charging the fee nationwide on new accounts last year. In addition, the fee has taken effect in Western states. The bank announced it will soon charge the fee in six more states: Georgia, New Jersey, Delaware, Connecticut, New York and Pennsylvania. Article

 

Company News:       
> Credit Suisse tries to collect from Argentinian company. Article
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> Wells Fargo PR disaster over eviction. Article
> Challenges facing Jamie Dimon. Article
> Nasdaq has issues with execution messages in IPO. Article
> Wells Fargo to charge fees on more checking accounts. Article

Industry News:
> Zynga shares halted twice. Article
> Deal for Yahoo near. Article
> Variable annuity sales slide. Article
> Corporate bond sales decline. Article

Regulatory News:
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And Finally…Twitter agrees to privacy option. Article


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