Showing posts with label naked short-selling. Show all posts
Showing posts with label naked short-selling. Show all posts

Tuesday, May 18, 2010

Germany Bans Naked Shorting, and Euro Tanks

Germany announced the ban on naked short selling of financial stocks, and on holding CDS on euro sovereign debt without holding the underlying bonds. So the investors are expressing their negative view by selling the currency, euro.

Let us all blame the 'speculators', shall we? That will solve any problem, won't it?

Germany to Ban Naked Short-Selling at Midnight (5/18/2010 Bloomberg)

"May 18 (Bloomberg) -- Germany will temporarily ban naked short selling and naked credit-default swaps of euro-area government bonds at midnight after politicians blamed the practice for exacerbating the European debt crisis.

"The ban will also apply to naked short selling in shares of 10 banks and insurers that will last until March 31, 2011, German financial regulator BaFin said today in an e-mailed statement. The step was needed because of “exceptional volatility” in euro-area bonds, the regulator said.

"The move came as Chancellor Angela Merkel’s coalition seeks to build momentum on financial-market regulation with lower- house lawmakers due to begin debating a bill tomorrow authorizing Germany’s contribution to a $1 trillion bailout plan to backstop the euro. U.S. stocks fell and the euro dropped to $1.2231, the lowest level since April 18, 2006, after the announcement.

"“You cannot imagine what broke lose here after BaFin’s announcement,” Johan Kindermann, a capital markets lawyer at Simmons & Simmons in Frankfurt, said in an interview. “This will lead to an uproar in the markets tomorrow. Short-sellers will now, even tonight, try to close their positions at markets where they can still do so -- if they find any possibilities left at all now.”" [The article continues.]

Here in the US, we know what happened after the SEC banned not just naked short selling but also short selling of 'financial' stocks (which included GM and IBM).

The embattled German Chancellor said "In some ways, it’s a battle of the politicians against the markets” and “I’m determined to win. The speculators are our adversaries."

Pols and technocrats vs evil speculators. Place your bets.

Gold reversed hard upward on the news, US Treasuries gained more. Euro reversed downward on the news, and it continues to tank. Right now, euro is 1.2170. When they announced the $1 trillion rescue plan, it was around 1.28. Next support is around 1.20.

Wednesday, February 24, 2010

SEC's New Rule for Short Selling Is a Non-Rule

The U.S. Securities and Exchange Commission (SEC) chairman Mary Shapiro announced a new rule to "restrict" short selling today, and it has been approved by 3-2 vote.

According to the announcement, this new rule will do the following:

"... a circuit breaker would be triggered any time a stock has dropped 10 percent in one day. At that point, short selling would only be permitted in a security if the price is above the current national best bid."

The circuit breaker, therefore, won't stop short selling even when the stock has dropped 10 percent. Short sellers will still be able to short as long as the price is above the current national best bid (sort of uptick rule, and SEC actually calls it "alternative uptick rule").

Creating the national best bid should be very easy for the outfits that can do "flash-trading" and "high-frequency trading", both of which SEC is supposed to have been investigating oh for such a long time. Instead, the agency is busy harassing Toyota.

With flash-trading and HF trading, it should be very, very easy to keep the drop within the 10% threshold while these quant traders short away the stock.

And this non-rule will be effective for the day the stock plunges 10 percent, and the day after.

Why does SEC even bother? Is it just to show that they are doing "something" to justify their salaries and benefits?

I have a feeling that this will join the list of "unintended consequence" very shortly. What unintended consequence I haven't yet figured out. One possibility is a no-bid market. Who wants to invest and trade in a market which is openly manipulated by meaningless regulations and by the likes of Goldman Sachs?

Another possibility is that investors/traders who are long the security may get trapped, unable to unload their shares. I am sure the brokerages and banks will have mechanisms to distinguish long sellers from short sellers, but somehow I can't seem to trust such mechanisms.

In a crash like we had in September-October 2008, you may want to dump your holdings as fast as you can, whatever the price, even if you may get a sizeable haircut. It was better to lose 10% by selling out than to lose 50, 60, even 70% several days, weeks, months later. Some stocks lost more than 90% before the market bottomed in March 2009.

This potential entrapment of long sellers is perfectly in line with another recent SEC ruling that will allow money market funds to refuse redemption in a crisis.

Capital and information want to flow in and out freely. Any effort to stop the free flow will eventually backfire.

After the damage is done, the government will say "Who could have known? But we meant well..." A lot of people (other than people with their heads in the sand, including government bureaucrats) will have known. Intention will be irrelevant.

Sunday, October 4, 2009

Matt Taibbi: Bad, Bad Goldman Lobbying Against Naked Short-Selling

Matt Taibbi, who wrote "Great American Bubble Machine" for Rolling Stones Magazine in June detailing Goldman Sachs' central role (as he sees it) in the booms and busts since the Great Depression, has another story coming up that will look at the history of Bear Stearns and Lehman Brothers collapses.

One of his focus seems to be naked short-selling, which SEC is now supposedly moving to ban. In the article that appeared in Lewrockwell.com (originally on True/Slant), he attacks naked short-selling as "crime" and lobbying of the Senate by Goldman Sachs against naked short-sale ban "disgraceful" and "hilarious" (borrowing the words probably from the Senate aids who gave him the Goldman's 'fact sheet'.):

An Inside Look at How Goldman Sachs Lobbies the Senate
(Matt Taibbi, 10/3/09 Lewrockwell.com)

After reading his article, several questions popped in my mind. Here, I want to discuss two of them in particular:

Question No.1: Did naked short-selling cause the crash in Bear Stearns and Lehman Brothers share prices?

For that matter, did it cause the huge drop in share prices in companies like Morgan Stanley, Wells Fargo, Citigroup, Bank of America, AIG, GE, and Goldman Sachs over 8 months from September 2008 to March 2009, when the market finally bottomed (for now)?

Andy Kessler wrote a very interesting article that appeared on Wall Street Journal in March. He thinks the bear raids, which caused the financial stocks to plummet and thus brought down the entire stock market, were done not by short-selling (naked or not) but by going naked long on CDS (Credit Default Swaps) that these financial firms held on their CDO and MBS. The article didn't get much publicity, but I think he is right on the money:

Have We Seen the Last of the Bear Raids? (Andy Kessler, 3/26/2009 Wall Street Journal)
"In a typical bear raid, traders short a target stock -- i.e., borrow shares and then sell them, hoping to cover or replace them at a cheaper price. Once short, traders then spread bad news, amplify it, even make it up if they have to, to get a stock to drop so they can cover their short.

"This bear raid was different. Wall Street is short-term financed, mostly through overnight and repurchasing agreements, which was fine when banks were just doing IPOs and trading stocks. But as they began to own things for their own account (MBSs, CDOs) there emerged a huge mismatch between the duration of their holdings (10- and 30-year mortgages and the derivatives based on them) and their overnight funding. When this happens a bear can ride in, undercut a bank's short-term funding, and force it to sell a long-term holding.

"Because these derivatives were part of the banks' reserve calculations, if you could knock down their value, mark-to-market accounting would force the banks to take more write-offs and scramble for capital to replace it. Remember that Citigroup went so far as to set up off-balance-sheet vehicles to own this stuff. So Wall Street got stuck holding the hot potato making them vulnerable to a bear raid.

"You can't just manipulate a $62 trillion market for derivatives. So what did the bears do? They looked and found an asymmetry to exploit in those same credit default swaps. If you bid up the price of swaps, because markets are all linked, the higher likelihood (or at least the perception based on swap prices) of derivative defaults would cause the value of these CDO derivatives to drop, thus triggering banks and financial companies to write off losses and their stocks to plummet." [emphasis is mine]

Question No.2: Does Matt Taibbi really think the purpose of Goldman's lobbying effort is to prevent the lawmakers from enacting the ban on naked short-selling?

I don't think Goldman Sachs cares one way or another if naked short-selling is restricted, because that's not how they maneuver the market. CDS is one very effective and less costly way to manipulate the value of the underlying assets, and thus affecting the share price of a company who holds those assets. More bang for the buck (i.e. leveraged). If politicians' attention is focused on naked short-selling, all the better, as long as there are unregulated, OTC derivatives markets. Have you heard anything going on to regulate the CDS market? There was some talk right after Lehman's collapse and AIG's rescue by the Fed/Treasury, but since then, zero. Zip. Nada.

Also, do you remember the ex-Goldman Sachs employee who was arrested just before the Fourth of July weekened, which burst open the high-frequency trading practiced most successfully by Goldman Sachs? Have we heard anything about it recently? No. Despite the demonstrable injury to small retail investors and professional investors, the talk of regulating or banning the practice died off almost completely. And here we are, making issues with naked short-selling which may or may not have caused the crash?

Goldman's lobbying actually reminds me of the supporters of the Senator Aldrich's bill to establish the Federal Reserve. When that bill died with the change of administration (Taft out, Woodrow Wilson in), a new bill was drawn up by (no other than) Glass that was basically the same as the old Aldrich bill (Owen-Glass bill, which was enacted as Federal Reserve Act in 1913). What did the supporters and co-conspirators of the central bank do? They vehemently opposed the passage of the bill. They lobbied against it. The perception was created that since the bankers were opposing, they must be really afraid of creation of the new powerful regulator (the Fed). The bill was passed, to the great benefit to the member banks, particularly large New York banks.

I smell a similar thing going on with Goldman Sachs lobbying against naked short-selling.