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Thursday, October 10, 2013

| 10.10.13 | Goldman Sachs ensnared in corruption probe in China

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October 10, 2013
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Today's Top Stories

  1. Ackman sticks to his guns on Herbalife
  2. Goldman Sachs ensnared in corruption probe in China
  3. Morgan Stanley casts doubt on Great Rotation
  4. T-bill action: a warning of volatility to come
  5. SAC Capital weighs settlement offer


Also Noted: Spotlight On... Hedge funds: bad performance equals more funds
S&P sued by New Jersey and much more...


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Today's Top News

1. Ackman sticks to his guns on Herbalife

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

You have to give William Ackman credit for not clamming up about his losing investments. Unlike many investment managers, he's willing to acknowledge and even elaborate on his bad decisions, which have been plenty as of late.

In an interview with the New York Times, he says this of his Herbalife investment: "It is a certainty that Herbalife is a pyramid scheme. We believe it's harming a population of low-income, principally Hispanic people in the U.S. to benefit a handful of superwealthy people at the top of the pyramid. You should ask yourself: Why are more than 60 percent of Herbalife's distributors in the U.S. low-income members of the Hispanic community? Why are they buying overpriced nutrition products? There's something unusual about this business. This makes no sense."

He is certainly confident. And he's sticking to his guns. That said, he's also a realist. He has adjusted what was originally a $1 billion short bet against the marketing company. In a letter to investors in his Pershing Square fund, Ackman disclosed that the firm "had covered more than 40% of his short position, at least 8 million shares, "in order to mitigate the risk of further mark-to-market losses on Herbalife," as noted by Forbes. To compensate, he purchased long-term derivatives, most likely puts that will still give him plenty of upside if the stock tanks.

If the stock continues to rise, however, he may be forced to retreat just a bit. This battle is far from over.

For more:
- here's the article

Read more about: William Ackman, Herbalife
back to top



2. Goldman Sachs ensnared in corruption probe in China

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

In these days of aggressive FCPA prosecutions, companies that operate in China, either directly or via affiliates, face stepped up risk. That was underscored recently by the plight of Goldman Sachs, which owns a minority stake in a company that has been caught up in a local corruption probe.

Lei Yi, chairman of Yunnan Tin, among the world's largest producers of the metal, has been charged by local prosecutors in the Yunnan province with accepting bribes worth $3.3 million. Lei allegedly received the bribes in part from Li Hongtao, chairman of Leed International Education Group. "The money had been used to clear the way for Mr Li's company to buy a majority stake in Dianchi College, a private postsecondary institution in which Yunnan Tin held a 45 per cent share," according to the Financial Times, which also notes a connection between Li and Goldman Sachs.

"Leed was formed in May 2008 through a partnership between Goldman Sachs and Beijing National Education Group, Mr Li's original company. The initial size of Goldman's investment was not published, but it invested $41.5m in Leed via a follow-on investment, according to a 2010 record published by AsiaLaw profiles."

To be sure, Goldman Sachs has not been charged. Prosecutors directed charges at Li personally. Still, it's not a comfortable situation to be in. And the bank's risk managers will have to ponder their next steps carefully.

For more:
- here's the article

Read more about: Goldman Sachs, Fcpa
back to top



3. Morgan Stanley casts doubt on Great Rotation

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

Since the Federal Reserve Board's decision to hold off on tapering, there's been a lot less certainty about the so-called Great Rotation. Morgan Stanley has weighed in with a hefty piece of research that casts doubt on the theory, sticking to a thesis they developed even when confidence in the theory was at its peak.

"We think the concept of a 'Great Rotation' hugely simplifies the nuanced demand dynamics," wrote the analysts, as quoted by Business Insider. "Based on our bottom-up assessment of investor segments, covering ~$89trn of assets, and the differing regulatory and demographic pressures on investor decision making, we conclude there are significant, and possibly underestimated, structural challenges to a rotation into equities."

The researchers identify two powerful opposing forces. On the one hand, high net worth individuals and retail investors are stepping out of the cash game, finally willing to take on more risk. For some, this means stepping back into the equities game, though it also means a step into money market and fixed income funds as well.

Against the rotation toward equity, institutional investors remain bond prone, as the key imperative still seems to be de-risking, to satisfy a host of demands, including regulatory ones. "Our analysis suggests this group will be a powerful headwind to any longer-term rotation back into equities, offsetting any cyclical re-risking from Retail and HNW investors."

So what to make of this? As interest rates rise, the movement away from bonds will necessarily pick up. But the rotation may be more gradual and nuanced that heretofore thought. A long graceful transition may be the best for all concerned.

For more:
- here's the article

 

Read more about: bonds, Great Rotation
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4. T-bill action: a warning of volatility to come

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

People have commented as of late about how calm the markets seem as a U.S. date with destiny looms: a default on its massive debts. Any outward calm will likely crumble as D-Day nears without a possible resolution on tap. At some point, people will no longer be able to stick their heads in the sand in the blind conviction that the political process will come to its senses.

When it all goes down, the sort of weakness we've seen lately will look extremely mild relatively.

For a glimpse of the mounting fear, look no farther than the T-bill market.

Various one-month bills mature just after the federal government hits its borrowing limit on October 17, "increasing the still-minimal risk of a delay in payments on the debt," notes MarketWatch. That risk "pushed up the one-month yield by 17.5 basis points Tuesday to 0.330%, its highest level since the fall of 2008…That spike in yields becomes even more extraordinary when considering that the last time the one-month bill yield was this high, the Federal Reserve wasn't holding down its short-term interest rates."

To be sure, longer-dated securities have priced much more firm as of late. But these markets too will react if a solution is not on the table at a reasonably soon date. The T-bill action serves as strong warning as to what lies ahead. The stakes continue to mount.

For more:
- here's the article

Read more about: Debt Ceiling
back to top



5. SAC Capital weighs settlement offer

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

It has been pretty clear for some time SAC Capital has already lost its war with federal prosecutors.

Even without prevailing in court or even settling charges, prosecutors from the Justice Department and the SEC have rendered the company an effective family office. Limited partners can no longer stick around. While the zeal with which the company has defended itself so far is admirable, it seemed like a losing cause from the start. The criminal case against it seemed really strong, given the many previous insider trading cases. The civil case also looks winnable.

In addition, prosecutors have been unrelenting in their bid to set themselves up to seize every penny they can, using civil forfeiture and other statutes, when the time comes.

It's hardly surprising that SAC Capital is pondering a settlement offer that would call for it to plead guilty to criminal charges. If it does so, it would pay merely a $2 billion fine, a manageable sum. If it chooses to roll the dice in court, however, the company faces a much larger fine, notes DealBook

This move to settle might be seen as capitulation on the part of Steven Cohen, the controversial founder of the firm. But he has personally won the biggest victory of all. Despite spending millions of dollars over many years to nail him, prosecutors ended up deciding that they didn't have the goods to charge him personally with criminal wrong-doing. Not yet anyway.  

For more:
- here's the article

Read more about: SAC Capital
back to top



Also Noted

SPOTLIGHT ON... Hedge funds: bad performance equals more funds

The great paradox this year regarding hedge funds: performance has been woeful, yet fund raising has been great. What's going on? The Financial Times suggests a partial answer: as the industry transitioned away from HNW individuals and toward institutions, the goals of top hedge funds have changed. Performance is no longer their top concern. Rather, they are most focused on fund raising. The emphasis on this has obviously worked. It would work even better if performance were to pick up. Article

Company News: 
> Credit Suisse on drug stocks. Article
> Madoff trustee appeals to Supreme Court. Article
> S&P sued by New Jersey. Article
> Jefferies post high number of trading loss days. Article
> Kyle Bass on default hedges. Article
> Deutsche Bank hires for Latin America. Article
Industry News:
> Earnings season to be a dud. Article
> Any upside to the shutdown? Article
> Hedge funds win with tax cases. Article
> Leveraged loan prices soar in Europe. Article
Regulatory News:
> SEC re-energized. Article
> Fed taper minutes reveals close call. Article
And finally … Crowdsourcing performance reviews. Article


Events


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