Showing posts with label Jackie Chiles. Show all posts
Showing posts with label Jackie Chiles. Show all posts

Sunday, March 12, 2023

Checkmate Socialism

Checkmate Socialism

 
With the following phrase from the Federal Reserve that "All depositors of this institution will be made whole. As with the resolution of Silicon Valley Bank, no losses will be borne by the taxpayer," the United States officially became Socialist. The death knell you hear ringing in the distance is from Capitialism. ~250 years of "the American Experience" has effectively been destroyed tonight. Checkmate Socialism.

Consider, the Federal Reserve, an unelected agency, has unilaterally made the decision to eliminate ALL depositor risk from the banking system. Bluntly, they changed the rules of the game for an institution that was politically connected at the highest levels.
 
Previously, poor leadership and bad banking decisions had dire consequences. Accepting billions in deposits, buying longer-term bonds for higher yields while keeping insufficient funds available to meet the liquidity of on-demand withdrawals would result in bank failure. FDIC insurance historically covered only up to $250K per account, per depositor, per institution. There was a reason for this termed "moral hazard." Now the taxpayer is on the hook for limitless losses. How did this happen?

When the tide went out this time though, lots and lots of startups (3,500+) with far in excess of $250K were left naked. And afraid. Even after knowing for months that the on-demand cash reserves, burn rate, and long-term loss risk were all significant factors, the FDIC did nothing until the moment of receivership.

The normal course of events in a situation like this would have been for the bank to enter receivership, the FDIC pay the limits of insurance, and then either a liquidation or sale of the remaining bank assets to make depositors partially whole. Not this time. These were very special depositors; the Federal Reserve "broke bad" to save a litany of politically aligned startups with billions in deposits unlikely ever to be recovered save by the largess of the Federal Reserve. 
 
Almost universally, the client profile of the depositors at Silicon Valley Bank that taxpayers just bailed out were wealthy investors and startups with an average balance of $4,000,000. Silicon Valley Bank would NOT qualify as the typical "community bank" almost anywhere else in the country. These startups were the darlings of Silicon Valley.
 
Banking relationships at SVB were by invitation only, and this "members-only" bank just stuck the average working class taxpayer with billions in losses and triggered a global bank run. The Federal Reserve was only too happy to spent billions in taxpayer money to shoring up the finances of thousands of millionaires and many billionaires at Silicon Valley Bank. As Jackie Chiles would say: "Outrageous, Egregious, Preposterous!"
 
Sadly this is not an isolated incident, almost every bank in America, to some degree, was/is in a similar situation to Silicon Valley Bank. SVB bought long-dated bonds with incoming despositor cash and held those bonds at increasing losses as interest rates rose. With the Federal Reserve hellbent on raising rates and the bank apparently caught on its heels, they were trapped. The "surviving" banks, however, have one major difference: their deposit bases are largely focused on retail investors who do not have the ability (or wherewithal) to coordinate an almost simultaneous run on the bank.
 
When rumors on the "bro network" that Silicon Valley Bank had taken significant losses on its bond portfolio, failed to raise capital, and CEO Greg Becker uttered the fateful words "keep calm," VCs jumped on their smartphone apps while riding the Sun Valley ski lift and moved $40B+ with a swipe of their middle fingers. Silicon Valley Bank was the first "victim" of a fintech-enabled bank run.

What does this "full backstop" by the Federal Reserve mean for FDIC insurance and the banking industry in general? What's good for the goose is good for the gander, and if startup companies with hundreds of millions of UNINSURED deposits are going to be made whole, well then EVERY SINGLE AMERICAN now also has "full backstop."
 
Think of the potential here. Your banker makes a bad decision? No problem. Bank goes under for risky loans? No problem. Bank invests in longer dated bonds, bond value drops 15-20%, and bank becomes insolvent? NO PROBLEM!

There do seem to be a couple caveats, however, to the "proportionality of risk;" it is unlikely a community bank with retail deposits say in Detroit, would have been saved. Silicon Valley Bank was the poster child of progressive liberalism applied to banking, yet they did not practice what they preached. Their client base and leadership were almost exclusively of mind and race alike. They are politically connected at the highest levels. Taxpayers should be drooling for a list of "public servants" who had accounts at Silicon Valley Bank in excess of $250,000.

As the fallout from Silicon Valley Bank radiates over the country in the coming days, weeks, and months (years?) it has become obvious that the Federal Reserve is far, far too powerful. The Federal Reserve Act needs to be amended at the least, and perhaps revoked. Centralized authority for the global economy is not working (well, at least not for the vast majority of people.) For the uber-elite it works quite well.
 
The glaring problem is that too many powerful people are juiced in to the existing structure, and time and again bear no consequences for failure. A bank run can be a healthy event in that bad decisions are held accountable by customers literally voting with their feet. It is a shameless debacle that taxpayers feet are now held to the fire to pay the inequities of failed regulatory bodies, executive malfeasance, and corrupt politicians. The failure of SVB has left many Americans wondering if we just saw the end of capitalism.
 


Wednesday, August 10, 2022

Banana Republic

Banana Republic


The United States officially became a banana republic (and I don't mean the cargo-pant slinging clothier) on Monday August 8th, 2022. Couple the Trump Raid with the looming passage of the "Inflation Reduction Act" adding 87,000 armed "tax police" and we are there dear readers. As my good friend Jackie Chiles would say "Outrageous, Egregious, Preposterous!"

Under the auspices of non-compliance with an Archives Act violation (what is that anyway?) the FBI raided former President Donald Trump's Mar-a-lago home Monday August 8th, 2022 in the most brazen political hit job this country has ever witnessed. On the heels of this raid, Democrats have voted 51-50 to send arguably the most freedom destroying legislation to the House. The impact of creating an armed partisan tax police with 87,000 new recruits boggles the mind. This country is in trouble.

When justice is no longer blind to political affiliation or religious beliefs or the Bill of Rights truly storm clouds brew. Such is the case now as the country will undoubtedly become more polarized along political lines as the Constitution becomes a notion rather than an ideal.

What is a financial farmer to do? Oddly, the market continues to rally into the better-than-expected horrible inflation number (8.5% vs. 9.1% previously) so a crest in inflation may sling-shot us out of a Bear Market. But to a larger extent, the market is always forward-looking. How far forward is a matter of debate, but something along the lines of 6-9 months is a reasonable assumption. And based on inbound data from recent macro events it *appears* that with inflation peaking the Fed may only have to raise another couple points. 

"Only have to raise another couple points" is a tricky proposition nonetheless, as mortgage rate increases tied to the 10-year Treasury Note dictate the housing market. Expect purchasing to slow, inventory to rise, mortgage payments to be missed, and a general malaise to hit the housing market. It is hard to believe housing will continue to rally into a near-doubling of rates. The one savior (economically speaking) of this economy is the unemployment rate.

With historically low unemployment and steady to higher wages, the consumer has some semblance of protection from inflation, protection in the sense that they can now get less for more; "grin and bear it" has become the signature economic policy of the Biden Administration.

That's where we're at now as a country, trying to shoulder the burdens of inflation without breaking our backs all the while watching the rule of law disintegrate. But keep faith dear readers, as so plainly spoken in "Unbroken": "If you can take it, you can make it."
 


Tuesday, July 19, 2022

One-Two Punch

One-Two Punch


Americans have been economically knocked out by their elected leaders. The Wayfair decision and American Recovery Act language stipulating a Form 1099-K for transactions totaling $600 or more effectively acts as a one-two punch. When did we vote to join a Fight Club?

In the words of noted U.S. attorney Jackie Chiles, it is "outrageous, egregious, preposterous" to pay elected members of Congress to knock us to the mat. Enough is enough. This author believes Wayfair was the single most harmful Supreme Court decision in a generation. Consider the rationale.

When basic freedoms are destroyed or restricted, it leads to the rise of juggernauts that monopolize the respective industries; whether they are natural resources, air travel, or in this case internet commerce. And internet commerce is huge...literally hundreds of billions of dollars of goods and services flow through those fiber optic cables on a daily basis. Every. Single. Day.

They say people get the government they deserve, but we don't deserve this...the problem arises that there are two (possibly three) sets of standards; one is the citizen taxpayer who is treated like dirt. Then there is the elected officials. They treat themselves well. The third is the true constituency. Now a rationale person would ask "Isn't that the citizen taxpayer?" Theoretically, yes. In reality, the true constituency is corporate America (think S&P 500 constituents) and pandering to special interest voting blocks.

Sadly what arises is the decay of the foundational Constitutional values AND rights. Citizen taxpayers get a watered down Slushie while the political machine feasts. The solution? One is to vote them out. That is very, very difficult in states like California with a majority rule impervious to reason or accountability. Another idea is to vote with your feet. That option is not available to everyone, but most people who can, do. Finally there is the "moat" strategy. This idea involves creating an economic and social moat by capturing enough value in your life to protect your family from your very government.