Black swan theory

“So far, the losses reported on Wall Street are staggering. But rumors of much larger losses are being whispered…and at least one source has suggested that the firms may be bankrupt…crushed by total system-wide losses of more than $3 trillion.”

In Nassim Taleb’s definition, a “black swan” is a large-impact, hard-to-predict, and rare event beyond the realm of normal expectations. Taleb regards many scientific discoveries as black swans—”undirected” and unpredicted. He gives the September 11, 2001 attacks as an example of a Black Swan event.

The term black swan comes from the ancient Western conception that all swans were white. In that context, a black swan was a metaphor for something that could not exist. The 17th Century discovery of black swans in Australia metamorphosed the term to connote that the perceived impossibility actually came to pass.

Taleb’s Black Swan has a central and unique attribute: the high impact. His claim is that almost all consequential events in history come from the unexpected—while humans convince themselves that these events are explainable in hindsight.

Taleb believes that most people ignore “black swans” because we are more comfortable seeing the world as something structured, ordinary, and comprehensible. Taleb calls this blindness the Platonic fallacy, and argues that it leads to three distortions:

1. Narrative fallacy: creating a story post-hoc so that an event will seem to have a cause.

2. Ludic fallacy: believing that the structured randomness found in games resembles the unstructured randomness found in life. Taleb faults random walk models and other inspirations of modern probability theory for this inadequacy.

3. Statistical regress fallacy: believing that the probability of future events is predictable by examining occurrences of past events.

He also believes that people are subject to the triplet of opacity, through which history is distilled even as current events are incomprehensible. The triplet of opacity consists of

1. an illusion of understanding of current events

2. a retrospective distortion of historical events

3. an overvalue of facts, combined with an overvalue of the intellectual elite

World's Largest Law Firms

This list of the world’s largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:

1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
2. Linklaters, £935.2m – International (UK);
3. Skadden, Arps, Slate, Meagher & Flom, £884.6m – New York City (USA);
4. Freshfields Bruckhaus Deringer, £882.1m – International (UK);
5. Latham & Watkins, £776.1m – National (USA);
6. Baker & McKenzie, £742.9m – International (USA);
7. Allen & Overy, £736.3m – International (UK);
8. Jones Day, £706.0m – National (USA);
9. Sidley Austin, £617.6m – International (USA);
10. White & Case, £574.7m – International (USA);
11. Weil, Gotshal & Manges, £558.5m – New York City (USA);
12. Mayer Brown, £538.5m – International (USA);
13. Kirkland & Ellis, £533.0m – Chicago (USA);
14. DLA Piper (USA), £489.3m – National (USA);
15. Sullivan & Cromwell, £480.8m – New York City (USA);
16. Greenberg Traurig, £472.8m – National (USA);
17. Shearman & Sterling, £458.8m – International (USA);
18. Wilmer Hale – £447.8m, Washington, D.C. (USA);
19. O’Melveny & Myers, £444.0m – Los Angeles (USA);
20. Morgan, Lewis & Bockius, £442.0m – National (USA);
21. McDermott Will & Emery, £439.3m – National (USA);
22. Cleary Gottlieb Steen & Hamilton, £417.6m – New York City (USA);
23. Gibson, Dunn & Crutcher, £409.9m – Los Angeles (USA);
24. Simpson Thacher & Bartlett, £399.5m – New York City (USA);
25. Lovells, £396.2m – International (UK);
26. Hogan & Hartson, £384.6m – National (USA);
27. Morrison & Foerster, £377.5m – San Francisco (USA);
28. DLA Piper (Europe), £366.5m – International (UK);
29. Paul, Hastings, Janofsky & Walker, £366.5m – National (USA);
30. Akin Gump Strauss Hauer & Feld, £339.6m – National (USA);
31. Foley & Lardner, £335.4m – Milwaukee (USA);
32. Davis Polk & Wardwell, £332.1m – New York City (USA);
33. Bingham McCutchen, £325.8m – National (USA);
34. Eversheds, £323.1m – International (UK);
35. Slaughter and May, £321.2m – London (UK);
36. Holland & Knight, £319.5m – National (USA);
37. Dechert , £317.0m – National (USA);
38. Pillsbury Winthrop Shaw Pittman, £315.4m – National (USA);
39. Winston & Strawn, £313.7m – Chicago (USA);
40. Paul, Weiss, Rifkind, Wharton & Garrison, £309.3m – New York City (USA);
41. Reed Smith, £309.1m – Pittsburgh (USA);
42. Ropes & Gray, £306.6m – Boston (USA);
43. Orrick, Herrington & Sutcliffe, £304.4m – San Francisco (USA);
44. Fulbright & Jaworski, £296.2m – Houston (USA);
45. Herbert Smith, £296.2m – International (UK);
46. Debevoise & Plimpton, £294.2m – New York City (USA);
47. King & Spalding, £282.7m – Atlanta (USA);
48. Vinson & Elkins, £280.2m – Houston (USA);
49. Cravath, Swaine & Moore, £275.0m – New York City (USA);
50. Milbank, Tweed, Hadley & McCloy, £272.5m – New York City (USA);
51. Cadwalader, Wickersham and Taft, £265.4m – New York City (USA);
52. Heller Ehrman, £261.0m – San Francisco (USA);
53. Hunton & Williams, £261.0m – Richmond, Virginia (USA);
54. Kirkpatrick & Lockhart Nicholson Graham – £257.71m – National (USA);
55. Arnold & Porter, £255.8m – Washington, D.C. (USA);
56. Proskauer Rose, £249.2m – New York City (USA);
57. Sonnenschein Nath & Rosenthal, £246.2m – Chicago (USA);
58. Wachtell, Lipton, Rosen & Katz, £243.4m – New York City (USA);
59. Willkie Farr & Gallagher, £243.4m – New York City (USA);
60. LeBoeuf, Lamb, Greene & MacRae, £241.8m – National (USA);
61. Baker Botts, £238.7m – Houston (USA);
62. Goodwin Procter, £228.0m – Boston (USA);
63. Simmons & Simmons, £226.9m – International (UK);
64. Wilson Sonsini Goodrich & Rosati, £226.4m – Palo Alto (USA);
65. Squire, Sanders & Dempsey, £225.3m – National (USA);
66. Bryan Cave, £219.0m – National (USA);
67. Alston & Bird, £217.0m – Atlanta (USA);
68. Dewey Ballantine, £215.7m – New York City (USA);
69. Fried, Frank, Harris, Shriver & Jacobson, £214.3m – New York City (USA);
70. Ashurst, £214.0m – International (UK);
71. Katten Muchin Rosenman, £212.4m – Chicago (USA);
72. Howrey, £211.3m – Washington, D.C. (USA);
73. Kaye Scholer, £210.7m – New York City (USA);
74. Norton Rose, £210.2m – International (UK);
75. Covington & Burling, £208.8m – Washington, D.C. (USA);
76. Nixon Peabody, £205.2m – National (USA);
77. McCarthy Tétrault, £203.8m – National (Canada);
78. Freehills, £194.8m – National (Australia);
79. Mallesons Stephen Jaques, £190.7m – National (Australia);
80. McGuireWoods, £187.4m – Richmond, Virginia (USA);
81. Seyfarth Shaw, £184.9m – National (USA);
82. CMS Cameron McKenna, £181.3m – International (UK);
83. Fidal, £181.3m – National (France);
84. Schulte Roth & Zabel, £176.4m – New York City (USA);
85. Dorsey & Whitney, £175.0m – Minneapolis (USA);
86. Perkins Coie, £174.7m – Seattle (USA);
87. Pinsent Masons, £172.0m – International (UK);
88. Minter Ellison, £171.7m – National (Australia);
89. Clayton Utz, £163.7m – National (Australia);
90. Cooley Godward, £163.7m – Palo Alto (USA);
91. Addleshaw Goddard, £161.3m – National (UK);
92. Duane Morris, £159.6m – Philadelphia (USA);
93. Jenner & Block, £158.0m – Chicago (USA);
94. Baker & Hostetler, £156.0m – Cleveland (USA);
95. Allens Arthur Robinson, £154.9m – National (Australia);
96. SJ Berwin, £154.9m – International (UK);
97. Edwards Angell Palmer & Dodge, £153.0m – Boston (USA);
98. Thelen Reid & Priest, £152.7m – San Francisco (USA);
99. Loyens & Loeff, £151.9m – Rotterdam (Netherlands);
100. Denton Wilde Sapte, £147.5m – International (UK).

Singapore apparently paid Citi more when China refused

Singapore apparently paid Citi more when China refused
By MarketWatch
Last update: 9:25 a.m. EST Jan. 15, 2008
The Singapore government’s main investment vehicle agreed to increase the amount it planned to inject into Citigroup (C:C 26.24, -0.70, -2.6%) “apparently to cover” the approximately $2 billion Citi had unsuccessfully sought from the government of China, a person familiar with the situation said Tuesday.

During most of the day, Government of Singapore Investment Corp. (GIC) was committed to invest about $4.8 billion to $5 billion in Citigroup, but later in the day apparently told Citi it would “cover” the amount of money ($1.8 billion to $2 billion) the bank had hoped to raise from the Chinese government, the person said.

GIC’s decision partly reflected GIC’s long-standing relationship with the new CEO of Citi, Vikram Pandit, the person said. GIC was an original investor in Old Lane Partners, a hedge fund Pandit co-founded; it was later bought by Citigroup.

China Development Bank’s rejection of Citi’s request emerged Monday night.

The Singapore government would consider additional investments in Citigroup “if the opportunity and the need arises,” the person said.

Singapore has two sovereign wealth funds – GIC and Temasek Holdings Pte. – which have taken stakes in troubled financial institutions in recent months.

The terms of GIC’s purchase of $6.88 billion in Citi convertible bonds reflect the cash-strapped bank’s lack of leverage: GIC said the instruments will earn a hefty 7% non-cumulative interest, payable quarterly.

The conversion premium is a fairly low 20% and is “subject to adjustment in certain limited circumstances.” However, GIC noted these instruments give “appropriate downside protection.”
The press release didn’t give further details.

All told, GIC will own 4% of Citi as a result of the transaction; it already held 0.3% of the bank. GIC said it won’t “take” a board seat at Citi. Indeed, political sensitivities have prompted sovereign wealth funds providing financial infusions to U.S. and European banks to emphasize their intended roles as passive investors.

GIC pumps S$9.8b into Citigroup

GIC pumps S$9.8b into Citigroup
By May Wong, Channel NewsAsia | Posted: 15 January 2008 1951 hrs

SINGAPORE: The Government of Singapore Investment Corporation (GIC) will soon have a bigger stake in US-based Citigroup.

GIC will pump in US$6.88 billion (S$9.8 billion) into one of the world’s largest banks. This is part of Citigroup’s bid to raise US$12.5 billion of capital to boost its financial position.

GIC is the hand behind the management and enhancement of Singapore’s reserves.

That is exactly what the company is doing with its latest purchase into Citigroup. The two companies took just eight days to seal the deal.

GIC’s investment is done through a financial instrument called convertible preferred securities. This will effectively give GIC some form of protection.

For example, if Citigroup’s stock price falls, GIC does not have to convert its securities into shares and will continue to earn dividends of 7 percent.

But such a prudent investment, with lower risks, will also mean that GIC will see relatively lower returns.

In a news release, GIC’s deputy chairman and executive director, Tony Tan, said the company looks for returns on a long-term basis. He believes GIC’s latest Citigroup investment will meet that objective.

Dr Tan said: “GIC is a financial investor seeking commercial returns on a long-term basis … We believe that the investment in Citigroup will meet our long-term investment objective in terms of risk and return.”

GIC now holds 0.3% of shares in Citigroup. The new deal will bring GIC’s stake in the bank to 4% if converted to shares.

The investment will make GIC, as a single entity, one of the top five investors in Citigroup. However, GIC says it will not sit on Citigroup’s board.

GIC’s latest investment comes hot on the heels of a major deal last month, when it pumped nearly S$14 billion into the Swiss banking giant UBS. – CNA/ir

Citigroup, Merrill Lynch Get $21 Billion From Outside Investors

Citigroup, Merrill Lynch Get $21 Billion From Outside Investors

By Yalman Onaran

Jan. 15 (Bloomberg) — Citigroup Inc. and Merrill Lynch & Co., two of America’s largest financial institutions, turned to outside investors for a second time in two months to replenish capital eroded by subprime mortgage losses.

Citigroup, the biggest U.S. bank, is getting $14.5 billion from investors, including the governments of Singapore and Kuwait, former Chairman Sanford Weill, and Saudi Prince Alwaleed bin Talal, the New York-based company said today in a statement. Merrill, the largest brokerage, said it’s receiving $6.6 billion from a group led by Tokyo-based Mizuho Financial Group Inc., the Kuwait Investment Authority and the Korean Investment Corp.

Wall Street banks have now received $59 billion, mostly from investors in the Middle East and Asia, to shore up balance sheets battered by more than $100 billion of writedowns from the declining values of mortgage-related assets. Citigroup was propped up in November by a $7.5 billion investment from the Abu Dhabi Investment Authority. New York-based Merrill was helped by a $5.6 billion cash infusion last month from Singapore’s Temasek Holdings Pte. and U.S. fund manager Davis Selected Advisors LP.

“The only reason the banks are raising capital from the Middle East and Asia is because those are the only people who have the excess capital to lend,” said Jon Fisher, who helps oversee $22 billion at Minneapolis-based Fifth Third Asset Management, which holds shares of Citigroup and Merrill.

Citigroup declined 68 cents to $28.38 and Merrill fell $1.25 to $54.72 in early New York trading.

The writedowns have reduced Citigroup’s so-called Tier 1 capital ratio, which regulators monitor to assess a bank’s ability to withstand loan losses. With today’s capital increase, the Tier 1 ratio would be 8.2 percent, Citigroup said, keeping it above the company’s 7.5 percent target.

`Capital at a Cost’

Morgan Stanley, UBS AG, Merrill Lynch & Co. and Bear Stearns Cos. also reached out to sovereign wealth funds or state- controlled investment authorities in Asia for money after bad investments depressed profits.

“It does show that investors aren’t completely ignoring the sector,” said Peter Plaut, a senior credit analyst at Sanno Point Capital Management, a hedge fund based in New York. “They are putting in capital but it’s at a cost. Now it’s up to the CEOs to be able to generate returns that exceed that cost of capital.”

The Kuwait Investment Authority, which invested in both Merrill and Citigroup, was formed by the Middle East’s fourth- biggest oil producing country in the 1980s to manage the nation’s wealth. Kuwait may have as much as $250 billion of assets, compared with about $875 billion for the Abu Dhabi Investment Authority, the world’s largest sovereign wealth fund, according to an estimate by Morgan Stanley analyst Stephen Jen.

Singapore, Alwaleed

The Government of Singapore Investment Corp. invested almost $7 billion in Citigroup convertible preferred securities and said in a statement today that it will own about 4 percent of the bank if the securities are turned into shares. With a 4 percent stake, Alwaleed has been Citigroup’s biggest individual shareholder since the early 1990s, when soured investments in commercial real estate left corporate predecessor Citicorp short of capital.

Singapore and Alwaleed, along with Los Angeles-based Capital Group Cos., the biggest U.S. manager of stock and bond mutual funds, Kuwait, the New Jersey Division of Investment and Weill, will receive a 7 percent annual dividend from the investment in Citigroup.

Merrill’s convertible securities will pay a 9 percent annual dividend on the securities until they automatically turn into Merrill shares in 2 3/4 years’ time. The group will get fewer shares if Merrill’s stock price climbs above $61.31 and more if it drops below $52.40, according to the company’s statement.

SEC’s Concern

Foreign investors whose stakes rise about 10 percent trigger a review by the U.S. Committee on Foreign Investment, which examines whether acquisitions by overseas buyers compromise national security.

U.S. Securities and Exchange Commission Chairman Christopher Cox said in December that the growth of state-run investment funds may lead to an increase in political corruption because governments might abuse the funds’ leverage over markets and companies.

While there may be “hand-wringing” in Washington over the investments, there won’t be an attempt to tighten rules on foreign investors, said Todd Malan, executive director of the Organization for International Investment.

“Congress realizes that we need this investment,” said Malan, whose Washington-based group represents 141 non-U.S. companies investing in the country.

The following is a table showing banks and securities firms that have sold stakes to shore up capital. All except Barclays Plc raised the cash after reporting asset writedowns and credit losses amid the collapse of the U.S. subprime mortgage market.

Firm Infusion Investor Stake

Citigroup $6.8 Government of Singapore 3.7%
Investment Corp.

7.7 Kuwait Investment Authority; not
Alwaleed bin Talal; Capital specified
Research; Capital World;
Sandy Weill; public investors.

7.5 Abu Dhabi Investment
Authority 4.9%

Merrill Lynch 6.6 Korean Investment Corp.; not
Kuwait Investment Authority; specified
Mizuho Financial Group

4.4* Temasek Holdings 9.4%**
(Singapore)

1.2 Davis Selected Advisors
(U.S.) 2.6%**

UBS 9.7 Government of Singapore
Investment Corp. 10%
1.8 Unidentified Middle Eastern
Investor 2%

Morgan Stanley 5 China Investment Corp. 9.9%

Barclays 3 China Development Bank 3.1%

2 Temasek Holdings 2.1%

Canadian Imperial 2.7 Li Ka-Shing; Manulife not
Financial; others specified

Bear Stearns 1 Citic Securities Co. 6%***
(China)
_____

TOTAL $59.4

* Temasek has an option to invest an additional $600 million.

** Estimate based on purchase price of $48 a share.

*** Citic has an option to increase its stake by as much as
3.3 percent.

Ten little Injuns

Ten little Injuns standin’ in a line,
One toddled home and then there were nine;
Nine little Injuns swingin’ on a gate,
One tumbled off and then there were eight.
One little, two little, three little, four little, five little Injun boys,
Six little, seven little, eight little, nine little, ten little Injun boys.
Eight little Injuns gayest under heav’n.
One went to sleep and then there were seven;
Seven little Injuns cuttin’ up their tricks,
One broke his neck and then there were six.
Six little Injuns all alive,
One kicked the bucket and then there were five;
Five little Injuns on a cellar door,
One tumbled in and then there were four.
Four little Injuns up on a spree,
One got fuddled and then there were three;
Three little Injuns out on a canoe,
One tumbled overboard and then there were two.
Two little Injuns foolin’ with a gun,
One shot t’other and then there was one;
One little Injun livin’ all alone,
He got married and then there were none.

One little, two little, three little Indians
Four little, five little, six little Indians
Seven little, eight little, nine little Indians
Ten little Indian boys.

Ten little, nine little, eight little Indians
Seven little, six little, five little Indians
Four little, three little, two little Indians
One little Indian boy.

Golden Oldie

Golden Oldie
FORBES
Bernard Condon, 12.10.01

Having called the top of the gold market 22 years ago, a goldbug now thinks that he has found the bottom.

In 1977 James Sinclair boldly predicted that gold would rise from $150 per troy ounce to $900. Gold never reached that mark, but it came close on Jan. 21, 1980, peaking at $887.50. The next day, says Sinclair, he unloaded his entire gold position, personally netting $15 million. Pointing to the U.S. Federal Reserve’s efforts to fight inflation, Sinclair then predicted at an annual gold conference that the metal would languish for the next 15 years. It did. On Friday, Jan. 20, 1995, it closed at $383.85.

So this is a guy to listen to. He’s bullish again. Why? Because he believes, despite the whiff of deflation in the October producer price index, that the U.S. is headed for mild inflation. He thinks that the dollar is due for a fall. He is also impressed that mining companies, which routinely sell unmined metal forward at fixed prices to protect themselves against further price drops, have recently pulled back from placing these hedges, a move that should prompt gold prices to rise. If they do, Sinclair expects a squeeze on gold speculators, who have $36 billion in short positions. Sinclair figures that the shorts will cover their positions soon after gold hits $305, a move that could force the price to $350, even $430.

Persuaded? On the New York Mercantile Exchange you can buy an option to purchase 100 ounces of gold in six months with a strike price set at a slight premium to today’s price. An option exercisable at $300 will cost you $9 an ounce. If gold hits $350 you pocket $4,100 in profits.

Sinclair is not buying just futures and options. Since 1996 he has invested $11 million to develop 5,600 square kilometers of barren land in central Tanzania that he’s convinced hold vast gold deposits. Drilling on the property is still in the early stages, but Barrick Gold is already pulling metal from an adjacent site whose proven and probable reserves have nearly tripled to 10 million ounces in the past two and a half years.

It’s a gamble not many investors would make, but Sinclair has always stood apart from the crowd. On the walls of his office hang six photographs of Shri Sathya Sai Baba, a guru in India whom Sinclair visits several times a year. Sinclair’s love of carrot juice recently turned into a 25-kilo-a-week habit that was brought to a halt only when his doctor grew alarmed at the orange tint to his skin. A loner, Sinclair paid $3 million in 1983 to turn a 19th-century barn into a reception hall for his house but has held only three parties there.

After his 1970s career as a goldbug, Sinclair retreated to his Connecticut estate, where he played with his helicopters, show ponies and collection of Ferraris. He didn’t stay idle long. He built cable systems at Cross Country Cable, a company he started with two friends, then made millions selling some of them to John Malone’s TCI.

“Jimmy is different,” says his onetime cable partner Vincent Tese, the former New York State banking commissioner and now a Bear Stearns director. “But in the trading business people don’t care if you’re purple, just as long as you’re making money.”

In 1989 Sinclair got back into metals after buying a small stake in a Vancouver, Canada, mining company called Sutton Resources. During a trip to Tanzania for the company that year to check out a potential nickel site, Sinclair became intrigued by a 140-square-kilometer patch of land called Bulyanhulu. It was studded with greenstones, volcanic rocks marked by long seams that are often rich in minerals. Some greenstone mines, such as those in Canada’s Kirkland Lake Camp, have been yielding gold for a century and do so now at the relatively low cost of $200 an ounce.

“The opportunity stared at me as it did with cable and gold,” he says. “The only way to make big money is to have the courage to put your eggs in one basket.”

Sinclair helped Sutton buy rights to mine Bulyanhulu, then lobbied for it to do the same in adjacent lands. Sutton balked and eventually sold Bulyanhulu to Barrick. Sinclair decided to go it alone.

By the summer of 1999 he had invested $4 million in the lands near Bulyanhulu. He faced a sickening prospect. Gold had just hit a 21-year low of $246. Bears were predicting $150 soon, a price that could wipe out the profits from even the most efficient of Tanzania’s mines.

“I felt a pit in my stomach, like hunger,” Sinclair recalls. “When I was a young trader, I used to think that I was invincible. Now I feel the risk.”

Simple logic mitigated his fears. It costs most companies $250 (including back-office support) to extract an ounce of gold. With gold trading below cost, it made no sense for mining companies to hedge against further price reductions. Recognizing that such hedges meant that an important force pulling gold down would soon disappear, he reasoned that the bottom was near.

Over the next nine months Sinclair spent $1.5 million on tests that measured magnetic pull to help locate seams in his greenstone. Soon after the tests ended, in February 2000, news broke that some big mining companies had indeed stopped placing new hedges. Sinclair reached into his pocket for $5 million to buy more mining rights in surrounding lands. Barrick expects that the $199 an ounce it is paying to mine gold at Bulyanhulu will drop to $130 over the next three years.

Sinclair hopes to sell his operation to a big mining company soon. To do that he’ll need to prove that his gold can be as richly mined as it is in Bulyanhulu. And pray that bullion doesn’t plummet again.

Sinclair’s bullishness is catching on. One well-regarded bear, Andrew Smith of Mitsui, surprised the markets in September by announcing that he expects the metal to go to $340.

Maktub (it is written)

“You have told me about your dreams… And I am a part of your dream, a part of your destiny, as you call it.

That’s why I want you to continue toward your goal. If you have to wait until the war is over, then wait. But if you have to go before then, go on in pursuit of your dream. The dunes are changed by the wind, but the desert never changes. That’s the way it will be with our love for each other.

“Maktub,” she said. “If I am really a part of your dream, you’ll come back one day.”

Ministry of Sound sues Singapore licensee

MoS Int’l takes suit against S’pore licensee to High Court
By Chua Hian Hou

A LONDON-BASED nightlife company is taking its lawsuit against the firm running the Ministry of Sound (MoS) club in the Republic to Singapore’s High Court.

Ministry of Sound International earlier filed a suit against the Singapore licensee in the British courts, but it seems it has now moved this legal action over to the courts in the Republic.

The MoS outlet at Clarke Quay, which opened in 2005, is run by LB Investments, a subsidiary of listed Singapore firm LifeBrandz.

LifeBrandz told the Singapore Exchange last Friday that Ministry of Sound International has served a writ of summons on LB Investments.

It said the writ ‘alleges breaches of certain terms and conditions of a licence agreement pertaining to the ‘Ministry of Sound’ brand’.

LifeBrandz said it would ‘vigorously defend’ the ‘unmeritorious’ allegations.

The same announcement also said that Ministry of Sound International had ‘discontinued’ its ‘entire claim’ against LB Investments. These claims had been originally filed with the High Court of England and Wales in mid-November.

The lawsuit earlier filed in Britain alleged that LB Investments had violated its licensing guidelines. The alleged violations included not playing the right type of music, not maintaining a stable website and not using the right staff uniforms.

Ministry of Sound International was reportedly suing LB Investments for damages and to force it to stick to its licensing guidelines.

A LifeBrandz spokesman could not be reached for comment yesterday.

LifeBrandz shares closed unchanged at 5.5 cents yesterday.

Reflections of a Recycled Bureaucrat: Leadership Lessons from Hon Sui Sen

When I joined the service, my first permanent secretary was Hon Sui Sen. When he died in harness, in the mid-1980s, he was the Minister for Finance, and I was one of the permanent secretaries in that ministry. He was my boss for most of the intervening 25 years. He was, without doubt, the best reporting officer I had, a perception that most of my contemporaries who served under him shared. I have tried to apply his template of leadership and management in the many areas where I have worked, albeit with nowhere near as much success.

Nonetheless, I was fortunate to observe that template at close hand and to try to replicate it. I suppose that is how traditions in an institution are built, and a culture of good governance is fostered. Like most good things in life, the concept is deceptively simple, the application a matter of discipline. It is a distillation of principles and practices that have stood the test of time. But for success, the environment has to be wholesome.

The example must come from the top. If that vital element is missing, good deeds below decks may ameliorate the situation, but cannot make up for that critical deficiency. So, what was it in Hon Sui Sen’s leadership style that many of my contemporaries and I admired?

Without doubt, integrity—not just moral, but intellectual. Some will say, “What is so unusual about integrity?” Surely, leaders must have integrity to get to their lofty position. Integrity is more than keeping the hands off the till, although scary examples in recent times suggest that some leaders cannot even refrain from doing that. Consider Enron, WorldCom, Tyco, Parmalat.

Then, there are shades of grey—ethical issues that do not transgress any law except one’s sense of honour and straight dealing. But intellectual integrity goes further than that. It is a matter of quietly defending your position no matter how unpopular it may be to the institution.

A second outstanding quality of Mr Hon was his ability to delegate a large measure of authority to his subordinates, to leave them to run their show, and to avoid breathing down their necks. Of course, they were held accountable for their actions, and Mr Hon was no namby-pamby when it came to disciplining people. Yet, he would always support subordinates who made an honest error, and did not shield himself by assigning blame to others. He took the rap for anything that went wrong in his bailiwick.

You may well imagine that such behaviour comes from enormous self-confidence, without arrogance. It is the measure of a person’s generosity of spirit, modesty, the even tenor of his ways, and a forgiving nature. At the same time, while Mr Hon was prepared to defend his officers and ministry, he was respectful of authority, following the age-old principle of rendering unto Caesar that which is Caesar’s.

A third, key attribute was his skill in drawing out ideas from his officers through a heuristic approach, gently challenging assumptions, and urging thinking out of the box. He got the best out of his people.

That, in a nutshell, is what characterises an outstanding leader and manager. Textbooks, management consultants, workshops, seminars, and executive courses, all play a role in the effort to learn about management and leadership; or, if you like, in the context of present-day Singapore, creativity, innovation and entrepreneurship. But above all, keep the eyes and ears open. There are always many examples of outstanding leadership around.

The attributes of good leadership are eternal and universal. They stem from traditional norms embellished by sound management-practices that have evolved and been refined with experience.

The starting point is clarification of the mission, based on a realistic assessment of the environment, and courage in pushing the envelope. Strengthen the organisation, paying particular attention to how people are managed and endowed with authority. Encourage openness, do not fear dissent within limits, and allow those now-cherished attributes of creativity and innovation to flourish. Finally, define and know your customer, and respond to his legitimate needs.

When I look back on the institutions in which I have worked, I do not see any fundamental difference in the package of leadership and management skills that contributes to success. Of course, each institution is unique, with its own mission and culture. An adaptable leader can, within reason, certainly function in many environments. The civil service, or at least the administrative service, testifies to that dictum. The key to successful leadership lies in the individual, the experiences he has been exposed to, the environment. Management gurus, seminars, consultants, and so forth, may be useful tools. They cannot substitute for the real thing.

~ JY Pillay, Reflections of a Recycled Bureaucrat, April 2004

'Mispricing' could cost Deutsche Bank over $1m

‘Mispricing’ could cost Deutsche Bank over $1m
By Goh Eng Yeow, Markets Correspondent

DEUTSCHE Bank could lose more than $1 million after a bungle that underpriced a keenly-awaited new warrant being sold to Singapore investors.

The bank suspended trading of the warrant – issued on Hong Kong-listed China Railway – from 9am yesterday, and it might ask the Singapore Exchange (SGX) to cancel the mispriced trades.

Traders said, however, that should the SGX decline to do so, Deutsche Bank’s losses could well exceed $1 million.

Deutsche Bank announced yesterday afternoon that trading in the warrant would resume at 9am tomorrow.

The bank’s call warrant on China Railway started trading on Monday last week, two weeks after the stock started trading in Hong Kong. Holders can use one warrant to buy two China Railway shares at HK$9.50 each. The warrant expires in June this year.

One dealer said, based on China Railway’s close of HK$10.74 last Friday, the warrant should now be worth over $1, given its long period before maturity.

UNDERPRICED ISSUE
The new warrant was issued by Deutsche Bank at 78.7 cents apiece. It closed last Friday at 77 cents on a heavy volume of 10.65 million shares, after it gained 44.5 cents from Thursday’s close of 32.5 cents.

Deutsche Bank said trading in the warrant was suspended pending the resolution of error trades – ‘due to significant mispricing on its part in the warrant’.

Dealers contacted by The Straits Times believed the warrant attracted heavy trading last Friday, as traders became aware of the serious mispricing. ‘Deutsche Bank will be making a big loss if the bulk of the 10 million warrants was sold by the bank,’ said a remisier.

Still, many were amazed that errors in pricing the warrant went undetected for two days.

‘When Deutsche Bank announced that it was launching the new warrant, it clearly stated that the issue price was 78.7 cents,’ said a market observer.

Warning bells should have been sounded when the warrant was trading at only 32.5 cents last Thursday, even though China Railway’s share price was surging at the time, he added.

Given the two currencies involved, the error could have been caused by a Deutsche Bank trader entering the wrong conversion price into a pricing model.

Still, unless the SGX allows Deutsche Bank to cancel the error trades, there is nothing much the bank can do. ‘There is a consultation paper to give the SGX the power to adjust the transacted price of the trade, rather than cancel them outright, but this policy has not been implemented yet,’ a banker said.

Some traders are also wondering if it is advisable for a warrant issuer to suspend trading of a warrant simply because of error trades.

Deutsche Bank’s warrant mispricing follows error trades at other warrant issuers.

Societe Generale apparently had to pay millions three years ago when a wrong keystroke sent shares of and warrants on Total Access Communications into a tailspin. Last year, DMG & Partners stopped online warrants trades completely, after an Internet trader nearly lost $426,000 on a warrant sale.

Merrill Lynch seeking new capital from Chinese and Mideast investors

You see? Temasek, you see?

Merrill Lynch seeking new capital from Chinese and Mideast investors – report
December 30, 2007: 08:46 AM EST

LONDON, Dec. 30, 2007 (Thomson Financial delivered by Newstex) — The new chief executive of Merrill Lynch (NYSE:MER) (OOTC:MERIZ) & Co Inc is in talks with Chinese and Middle Eastern investors this weekend that could lead to a capital-raising sale of another big stake in the US investment bank, the Observer reported.

John Thain is taking calls from a number of potential buyers, understood to include sovereign wealth funds from the Gulf and China, in a bid to raise extra capital, the newspaper quoted an unidentified US observer as saying.

Singapore state-linked investment company Temasek Holdings (Pte) Ltd said on Dec 26 it had invested 4.4 bln usd into Merrill — equivalent to 91.7 mln of Merrill’s shares at 48 usd a share — plus options to buy more shares worth up to 600 mln usd, as a vote of confidence in Thain’s leadership.

The newspaper quoted the unnamed US observer as saying the Temasek cash would not be enough to insulate the group from the impact of the global credit crunch and another unidentified source as saying Thain was seeking extra overseas capital to boost Merrill’s balance sheet and to avert potential future liquidity problems.

Bonuses for top lawyers hit 9 months

More propaganda to stem the loss of talent. It does not say what proportion of lawyers get nine months. Usually 1 or 2.

Straits Times, 29 Dec
Bonuses for top lawyers hit 9 months

Business boom leads to larger payouts this year, with big firms paying 5-1/2 months and upwards
By K.C. Vijayan, Law Correspondent

BIG law firms, buoyed by the business boom, are handing out bigger year-end bonuses this year, with the best payouts breaching the nine-month mark.

The Straits Times understands that top performing lawyers in top-league firms like Drew & Napier and Rajah & Tann are getting high payouts across the board as rewards to recognise good work when the going is good.

Other firms like Harry Elias Partnership (HEP) and KhattarWong also awarded fatter bonuses of between 5-1/2 and eight months to its lawyers.

HEP’s managing partner Latiff Ibrahim said its top performers are in the ‘booming corporate, construction and litigation practices’.

KhattarWong’s Subhas Anandan said the bigger bonuses also spilled to the non-legal support staff, with the best receiving up to 5-1/2 months.

Lawyers generally attributed the fat bonus cheques to the strong economy, increased revenues and the need to pay high performers for ‘all the hard work and all the nights they have put in’.

WongPartnership, one of the biggest firms here, has had an ‘extremely good year’ in terms of the transactions and briefs received, said Mr Chou Sean You, a partner in the firm.

‘We expect to remunerate our lawyers well for all the hard work they have put in throughout the year,’ he said, adding that his firm traditionally declared its bonuses in January.

The upturn has benefited small and medium-size firms as well, especially in conveyancing work, said senior lawyer N. Sreenivasan.

‘Whether the property boom continues into the new year remains to be seen,’ he added.

He said that ‘with expected rental and salary increases next year, law firms will have to be more efficient, to reduce the impact of these increased overheads on the cost of legal services’.

Small firms which may not be able to match the fat bonuses of their bigger counterparts are unfazed, with some noting the hidden toll in work-life balance for those working in the top league.

Said Mr R. Kalamohan, who has run his own firm for more than 18 years: ‘I don’t know how many ‘handicaps’ I have compared to big firms, but when you look at the work-life balance, it is a different issue.

‘I am not constrained to burn the midnight oil every day unless there are exigencies. I do not think income is the main criterion for a good life.’

Give that man a Tiger.

Sailing a Pico in St Stephen's Beach


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St Stephen’s Beach is a very nice area near Stanley market. It is located within the same bay and if you stand at Stanley together with the tourists and look out to sea and to your left, you will see a boathouse and a patch of sand which is called St Stephen’s Beach. I say it is nice because it is tranquil and not packed with tourists or commercial interests, unlike Sentosa in Singapore. Indeed, the South side of Hong Kong is always beautiful, at any time of the year.

The sailing centre at St Stephen’s Beach is much better than the Sai Kung one, because it’s 5 times less crowded and the staff are more friendlier, i.e. have more patience with newbies like me. In addition, the boats are newer and I would say better than the RHKYC ones.

So last Sunday, I rented a Laser Pico. I had initially invited this Indonesian babe from Morgan Stanley to sail with me but it turns out she had other plans during that Christmas weekend (which is understandable because the concept of Indonesian and babe is a remote combination in the SAR). Since I had already paid for the boat, I went out alone. Now I had never sailed a Laser Pico before, but I did my best in rigging up (and some fellow sailors pointed out that I got one or two riggings wrong) before setting sail for Stanley Bay. After about 15 mins of happily cruising in the bay (wind was gusty but more tolerable than Deep Water Bay), I noticed that I was slower than all the other Picos in the bay and could not catch up with any of them no matter what I tried. So I thought to myself, wow, everyone here must be really good. I also made a mental note to get in a lot more practice, since I had already registered for a Laser racing clinic with the RHKYC in January and did not want to be last in class (you can tell I am a true blue Singaporean).

Well mental notes aside, after another few minutes, the front of my hull decided to go underwater. I was really shocked because in my limited sailing experience with Lasers, the front of a boat never gets dragged underwater like that. It was as though some invisible hand had just dragged the whole boat underwater! I panicked and thought that maybe there was some kind of fishing net or rope that got stuck on the front and caused the boat to tilt downwards. So after a few seconds it surfaced and all was fine. I crawled to the front to inspect the hull but no, no rope or anything like that. Then after a while it went underwater again. I knew by then that something was wrong with this boat and decided to immediately get back to base. However, even though I had formed the intention to cut losses at this stage, my Sunday adventure had just begun. The hull dipped a few more times under the choppy waves. And then it capsized.

As any beginner can tell you, the worst part of sailing is capsizing, not because you are announcing to everyone around you that you are a beginner, but because it takes a tremendous amount of energy and co-ordination to get the boat back upright. In addition, you would have immediately lost any race that you were in, and the inconsolably unfriendly concept of wind-chill would sit right next to you whether you like it or not.

So I slowly flipped it over, and it promptly replied to me by capsizing again. Strange, I wondered, why is it capsizing so easily and with no apparent fault in my sailing technique. And so after flipping it up I loosened the sails to prevent the wind from causing a capsize, but it still capsized. Then I lifted the rudder, it still capsized. Then I did all of the above and lay flat in the boat, still capsized. It consecutively capsized 15 times until I was running out of energy and it dawned on me that the hull of the boat was sinking deeper and deeper underwater each time I righted it up. It was like I was standing on a plastic iceberg. Water was rushing into the seating area as though a dam had somehow been broken and the water would just rush in. The boat just would not drain out the seawater. Gosh, I thought, this boat had to be leaking and I somehow managed to rent a boat with a leaky hull. Luckily I am close to shore otherwise I’ll be in big trouble. So I waved the rescue boat to come over to save me from this difficult situation. As it took time for them to come (they were busy rescuing other windsurfers who had capsized for reasons different from mine), rather than wasting my energy righting up the boat umpteen times, I allowed it to capsize and sat on the hull.

When the rescue boat was approaching my boat they asked what the problem was. I told them water was entering the boat, and I remember the pair of sunglasses smiling back:

“Did you remember to fasten the drain plug before you took the boat out?”

Care taken to maintain order at ZoukOut party

Care taken to maintain order at ZoukOut party
ST 27 Dec

IN RESPONSE to Mr Kwok Chee Chiu’s letter, ‘Stop diseases, ban parties like ZoukOut’ (ST, Dec 14).

From the nature of the letter, I assume Mr Kwok did not attend ZoukOut and the opinion may be based on The New Paper post-coverage and the translated version carried in the Chinese dailies. This is unfortunate as it was only The New Paper that took this angle out of more than 150 local and foreign publications that attended and covered the event.

This highlights the fact that that story was not an accurate overall reflection of the 23,000 attendees over the 12-hour period, and the pictures featured were of isolated incidents of consenting adults who may have been behaving more intimately than some would consider appropriate but, by no means, against the law. The article may have provoked strong emotions but we assure everyone that Zouk takes safety and managing a party within the legal parameters of the Singapore judicial system very seriously.

Although we respect Mr. Kwok’s point of view, we believe such a call for action, if implemented, would not benefit Singapore’s nightlife industry, tourism (more than 9,000 international guests attended), world democratic standing or economy. ZoukOut has become a national event over the last seven years and a fixture on the international dance and music calendar, considered by many to be one of the best in the world in terms of management, production and entertainment. As responsible organisers, our pre-emptive measures to maintain law and order and abide by licensing conditions included hiring more than 150 security personnel, plus another 40 uniformed police. In addition, ZoukOut is one of the few major events in Singapore where attendees must present photo ID stating they are above 18.

To call for a ban of events like ZoukOut, that promote tolerance, uniting people from all walks of life, regardless of nationality, as the solution to stopping the spread of diseases is in our view misguided and not the most productive way to address the issue. Echoing Forum respondent Dr Wong Jock Onn on Dec 18, it is through better education that people have a greater awareness of how sexually transmitted diseases are spread and ultimately make the right choices.

It was heartening to see all three respondents (Andre Oei, Owen Yeo and Anna Wong) in the ST YouthInk section on Dec 24, all under the age of 21, making concise, analytical and educated statements on whether such events should be banned. They leave us with confidence that the youth of Singapore are more knowledgable, responsible and informed than some may think.

Tracy Phillips
Marketing Manager
Zouk Management

Citi, HSBC among banks considering sale of units

Citi, HSBC among banks considering sale of units
They turn to asset sales to generate immediate cash as credit woes persist

NEW YORK – UNITED States and European banks including Citigroup and HSBC Holdings are mulling over sales of parts of their businesses in a nod to crunch times ahead, the Wall Street Journal reported on its website.

While Citigroup may shed or shut several of its mid-size units, HSBC could exit all or parts of its US$13 billion (S$18.9 billion) auto finance arm, said the paper yesterday, citing unnamed sources.

They estimate that Citigroup could dispose of as much as US$12 billion worth of what are considered non-critical assets. These include Student Loan Corporation; its North American auto lending business; its 24 per cent stake in Brazilian credit card company Redecard; and its Japanese consumer finance business.

Talk of the potential moves comes days after Merrill Lynch announced that it would sell most of its commercial-lending business to General Electric for US$1.3 billion. Morgan Stanley pocketed more than US$250 million last month by selling a slice of its

MSCI investment-analysis unit in a public offering.

‘I think we are going to see a real wave of these coming through in the first half of next year,’ said Morgan Stanley banking analyst Huw van Steenis.

Buyers could be hard to find in an environment where many financial companies are in trouble but analysts said the motivation to sell is strong, said the Journal.

This is because asset sales generate quick cash at a time when banks are likely to face persistent difficulties in borrowing money.

Rates at which banks lend to one another are still prohibitively high because of lingering worries about further losses from US sub- prime mortgage investments, it added. Other sources of funds, such as commercial paper, remain frozen or too expensive.

Several of the world’s largest banks have recently sold multibillion-dollar stakes to state-owned Asian and Middle Eastern investors to boost their capital.

But as banks increasingly take onto their balance sheets assets that had been held off-balance, their capital needs have grown.

In a report this month, Goldman Sachs estimated that US$475 billion of extra assets had been moved to bank balance sheets since the credit crunch sped up earlier this year, said the Journal.

Changes in leadership at Citigroup and HSBC also increased the likelihood of sales, it added. Citigroup recently installed Mr Vikram Pandit as its new chief executive, while Mr Brendan McDonagh took over in February as head of HSBC’s US consumer unit, HSBC Finance Corp, after the unit suffered heavy losses on investments in US home loans.

Why Temasek should stop investing in investment banks

Dear Temasek shareholder

Did you know that, at the current state of play, several investment banks are technically insolvent the moment they disclose their true financial situation? And that the U.S. Federal Reserve, the European Central Bank (ECB) and the Bank for International Settlements (BIS) are trying their best to prevent such a blowup from occurring, including lending unlimited amounts of money to these banks? Are you aware that the international press is clueless or does not wish to write about what is really going on within the investment banks, much less how structured products are priced, valued and traded? Why do you think that no person, entity or government corporation in the U.S., Europe, or the Asia-Pacific (other than yourself) wanted to touch the shares in these investment banks with a ten foot pole?

The Reason

According to banking regulators, there are three kinds of assets in the world:

Level One assets are actively traded. You can know exactly how much they’re worth based simply on their price in the open market. Examples of Level One assets are common stock, bonds and funds.

Level Two assets are not actively traded. But they’re similar enough to actively traded assets to give you a reasonable estimate of their value. Examples of Level Two assets are preference shares, antiques and paintings.

Level Three assets are the most slippery. In addition to having no active market, they’re so unique, there’s no reliable way to estimate their true value. Instead, all that banks and regulators can do is guess. And the only tools they have to support their guesswork are unproven mathematical formulas. Examples of Level Three assets are structured products like credit derivatives, collateralised debt obligations (CDOs) and credit default swaps (CDS).

Here’s the key:

The money panic brewing today is driven largely by this third kind of asset — derivatives of questionable value that were artificially created by Wall Street brokers, officially sanctioned by Washington regulators, and falsely rated by Wall Street rating agencies.

These are the sinking assets that are hitting the big Wall Street firms … panicking investors all across the U.S. and Europe … even threatening some money market funds.

Some of Wall Street’s investment banks have more Level Three Assets than they have capital

Specifically, according to data compiled by the Financial Times:

Merrill Lynch has US$27.2 billion in Level Three assets, the equivalent of 70% of its stockholders’ equity. In other words, for each $1 of its capital, Merrill has 70 cents in assets of questionable and uncertain value.

Goldman Sachs has US$51 billion in Level Three assets, or 130% of its equity.

Bear Stearns has sunk its balance sheet even deeper into the Level Three asset hole, with US$20.2 billion, or 155% of its equity.

Lehman Brothers is in a similar situation — US$34.7 billion, or 160% of its equity. And …

Morgan Stanley tops them all with US$88.2 billion in Level Three assets, or 250% of its capital. That’s an unwieldy $2.50 cents in Level Three assets for each dollar of capital. It implies that, in the absence of new capital infusions, all it would take is a 40% loss — and Morgan Stanley’s capital could be 100% wiped out.

Bottom line: The huge Wall Street write-downs you’ve heard about to date — among the largest in history — could be just the tip of the iceberg.

All told, there are 968 U.S. commercial banks that invest in derivatives. But among them, 963 banks hold a meager 1.5% of all the interest-rate and credit derivatives in America.

In contrast, just five banks hold an amazingly large 98.5% of all the interest-rate and credit derivatives.

That is why no one in the entire world, other than Qatar, Saudi Arabia and Temasek wanted to become shareholders of UBS or Merrill Lynch! Why would international IBs have to turn up, cap in hand, at the doorsteps of little red dot sovereign funds?

Helping to cut through some of the uncertainty, the Office of the Comptroller of the Currency (OCC) evaluates the credit exposure of each U.S. bank holding derivatives. In other words, it asks the question:

Regardless of whether the bet is a win or a loss, what happens if the investor on the other side of the bet doesn’t pay up?

In normal times, such payment defaults are rare. So this is largely a theoretical question. But in a money panic, when markets can go haywire and available cash financing can suddenly dry up, a chain reaction of defaults could make this a very urgent and practical question. The answers, according to OCC data are that overall, including all types of derivatives:

Wachovia has credit exposure that’s equivalent to 89% of its capital. In other words, if all of its counterparties defaulted on their bets with Wachovia, nearly nine-tenths of its capital would be wiped out.

Bank of America is exposed to the tune of 99% of its capital. Assuming no capital infusions, it could be virtually wiped out in an extreme money panic scenario.

And at three banks, the panic would not have to be quite that extreme:

Citibank has 292% of its capital exposed to this kind of credit risk.

JPMorgan Chase has 387% of its capital exposed.

HSBC beats them all with an exposure of 388% of its capital. That means that even if its counterparties defaulted on just 26% of their bets, its capital could be wiped out.

Now, remember what I told you about Level Three assets — that they don’t have a regular place to trade.

Well, we could say something similar about the overwhelming majority of derivatives: They are not traded on regulated exchanges. Rather, they are traded over the counter, based on individually negotiated contracts.

In other words, if there’s a default, the parties have to work through it directly, one on one. Exchange authorities are not going to step in to help manage the crisis for them.

And currently, four of the five U.S. banks I named earlier trade over 90% of their derivatives in this way — outside of regulated exchanges.

At JPMorgan Chase, Bank of America, Citibank and HSBC, the derivatives they trade outside of exchanges represent 94%, 93%, 97% and 97% of their total, respectively. Only Wachovia has a somewhat lesser amount in this category — 77%.

What does this mean?

That the upcoming financial collapse will be the worst of its kind in human history, and will make 1929 “look like a walk in the park”.

Ah, but you say, ML and UBS are fine. They are immune. They are in a different class altogether. You have spoken to their finance departments, their auditors have produced interim reports. No problem at all.

Well, two points:

1. It is not in the interests of the vendor of an asset (and neither is it under any obligation) to inform you that it’s asset is worthless, or even worse, a liability (aka, caveat emptor).

2. If it’s too good to be true, it usually is.

Citigroup and Merrill face bigger writeoffs: Goldman Sachs

Citigroup and Merrill face bigger writeoffs: Goldman Sachs
Thu Dec 27, 2007 7:57 AM ET

NEW YORK (Reuters) – Citigroup Inc , Merrill Lynch & Co and JPMorgan Chase & Co may face larger fourth-quarter write-offs of fixed-income securities than previously expected, and Citigroup may have to slash its dividend 40 percent to preserve capital, according to a Goldman Sachs & Co analyst.

“It will be a couple of quarters before the current credit crisis is fully digested by the markets,” the analyst, William Tanona, wrote on Thursday.

The analyst issued his forecast after banks said they would write off tens of billions of dollars of debt this quarter, as rising mortgage and credit losses led investors to shun debt once thought safe but now deemed risky. Citigroup replaced Chief Executive Charles Prince with Vikram Pandit, while Merrill replaced Chief Executive Stanley O’Neal with John Thain.

Citigroup, Merrill and JPMorgan did not immediately return calls seeking comment.

Tanona, who rates Citigroup “sell,” said the largest U.S. bank may have to write off $18.7 billion this quarter for collateralized debt obligations. That’s up from his prior $11 billion forecast, and higher than Citigroup’s $8 billion to $11 billion forecast. Tanona boosted his forecast for the bank’s fourth-quarter loss to $1.33 per share from 52 cents.

The analyst also said Citigroup may in 2008 cut its 54-cents-per-share quarterly dividend, equal to a 7.1 percent yield, to help raise or preserve another $5 billion to $10 billion of capital. In November, Citigroup shored up capital by selling a $7.5 billion stake to Abu Dhabi’s government.

Tanona said Merrill, rated “neutral,” may write off $11.5 billion for CDOs this quarter, up from his prior $6 billion forecast, as Thain tries to clean up problems now rather than let them fester in 2008. The analyst expects a fourth-quarter loss of $7.00 per share, up from his prior $1.50 forecast.

Brad Hintz, a Sanford C. Bernstein & Co analyst, separately on Thursday predicted a $10 billion fourth-quarter write-off at Merrill, leading to a $5.10 per share quarterly loss.

Merrill on Monday announced a $6.2 billion capital infusion from Singapore’s government and money manager Davis Selected Advisers.

Tanona also doubled his forecast for fourth-quarter CDO losses at JPMorgan to $3.4 billion from $1.7 billion. He cut his forecast for fourth-quarter profit to 65 cents per share from $1.04. The analyst rates JPMorgan “neutral.”

In Wednesday trading, shares of Citigroup closed at $30.45, Merrill at $54.54, and JPMorgan at $44.94. The shares are down a respective 45 percent, 41 percent and 7 percent this year.

(Reporting by Jonathan Stempel; Additional reporting by Avishek Mishra in Bangalore; Editing by Steve Orlofsky)

http://today.reuters.com/news/articlenews.aspx?type=businessNews&storyid=2007-12-27T125715Z_01_N27388092_RTRUKOC_0_US-BANKS-RESEARCH-WRITEOFFS.xml

David Viniar

Man in the News: David Viniar
By Ben White in New York
Financial times
Published: December 21 2007 19:41 | Last updated: December 21 2007 19:41

Call up Goldman Sachs and ask to chat with David Viniar, chief financial officer, and this is the first response you will get: “David hates publicity and would probably rather amputate one of his arms than be interviewed.”

Ring up friends and colleagues and the answers will be similar. “I’ll talk to you,” said one former Goldman executive. “But you cannot possibly quote me. David would rather self-immolate” than be the focus of attention.

Yet there is no avoiding the limelight. In a nightmare year for most investment banks, Goldman just set another earnings record. While others tallied ever-bigger mortgage losses, Goldman made an early call to hedge its mortgage exposure and turned a tidy profit in the process. While no one man, woman or child was responsible for Goldman’s golden call (a fact the bank wants no one to forget), Mr Viniar was certainly a central player, along with Lloyd Blankfein, chief executive, and Gary Cohn and Jon Winkelried, co-presidents.

Mr Viniar was the one who convened the now famous meeting on December 14 2006, in which senior members of the mortgage trading desk, the risk department, the controller’s office and others gathered to discuss the US housing market. They decided that it was time to put hedging strategies in place to prepare for a housing downturn given information from the controller’s office and early losses showing up in Goldman’s mortgage book. The call to hedge was a collective one, but as one senior executive put it: “If it hadn’t been for [Mr Viniar], it probably wouldn’t have happened.”

The hedging worked in fits and starts and eventually produced a profit in the third quarter and left Goldman with a net short position against the mortgage market, a fact Mr Viniar took the rare step of acknowledging when the bank announced earnings.

This week, he returned to form and would not say what Goldman’s stance was on the housing market and added it was unlikely he would ever again acknowledge a proprietary Goldman position.

Mr Viniar, 51, is more than a traditional chief financial officer. He is also in charge of Goldman’s massive back office operations, an area referred to within the bank as “the federation”. (The phrase back office is never uttered at Goldman, presumably because it sounds pejorative.) At some banks being in charge of the back office would not be much to brag about. Not so at Goldman, which places enormous value on technical expertise and the power to crunch massive amounts of data.

John Thain, former Goldman president and now Merrill Lynch chief executive, rose to power through the federation after working as a banker. So did Mr Viniar after Mr Thain plucked him out of investment banking in 1992. So by virtue of what he oversees, Mr Viniar, is extraordinarily powerful for a CFO.

“He is the most influential CFO on Wall Street,” says one former Goldman executive who left recently. “That reflects not only his capabilities, which are enormous, but also Goldman’s treating the back office as an equal partner.”

The fact that other banks do not treat the back office in this way may also explain why they ran into so much more trouble with the mortgage crisis.

Like most Goldman executives, Mr Viniar operates almost entirely behind the scenes, save for his conversations with analysts, investors and reporters during earnings season.

Like Mr Blankfein, Mr Viniar was born in the Bronx. He studied economics at Union College in Schenectady, New York, where he played basketball, a sport he follows to this day with informal games near his home in New Jersey that often include other Goldman executives. He donated $3.2m to the college to build a basketball arena that bears his name. The passion and energy he invested in basketball, Mr Viniar insists, helped him get to the top of his career game. He told the student magazine: “I loved the team and my teammates. I was one of the first ones to show up at practice, the last to leave.”

In a rare personal interview three years ago, Mr Viniar told Institutional Investor magazine: “I’m a very slow, very small forward . . . But I can hit the 15ft jump shot.”

Mr Viniar went on to Harvard Business School and joined Goldman in 1980, where he began as a banker in the structured finance department before moving to head the Treasury department in 1992, the year he became a partner. He became co-chief financial officer in 1994 and chief financial officer just before Goldman went public in 1999.

Mr Viniar, who earned more than $30m last year, played a critical role in 1994 when Goldman was losing millions of dollars a day due to bad proprietary trading bets, an experience colleagues say shaped his approach to risk management. “When you go through a war like that it changes you,” said one former Goldman executive who was then in a senior position. “No one had any clue what was going on.”

The experience did not make Mr Viniar risk averse (Goldman is among the biggest risk takers on Wall Street), it just made him more dedicated to consistently monitoring positions and testing for the worst possible scenarios. Mr Viniar is known to say no often to traders who want to take big bets but also to be careful to ensure the bank is taking enough risk to weather downturns in other parts of the business.

He is known as a quiet, self-effacing family man who never missed a basketball game when the youngest of his four children was at high school. “He would always say we are in a marathon, not a sprint, so take vacations, take time with your family,” said someone who worked under Mr Viniar. “He really did the whole work-life balance thing.”

Of course, when he went to basketball games, he would work in the car on the way there and the way back home or to the office.

If there is criticism of Mr Viniar, it is one that also applies to Goldman as a whole and it is that he provides too little information to investors and analysts about how Goldman makes money in its proprietary trading operations, an area of the bank that some refer to as a black box. “They do a horrible job at investor relations. They refuse to take their investors in as partners,” said Dick Bove, analyst at Punk Ziegel in New York. He added that Mr Viniar “is strong-minded and has a clear sense of what he is willing to do and what he is not willing to do. He has some of that Goldman Sachs arrogance about him. But who cares? The job he has done as CFO is impeccable.”

Criticism

We need very strong ears to hear ourselves judged frankly, and because there are few who can endure frank criticism without being stung by it, those who venture to criticise us perform a remarkable act of friendship, for to undertake to wound or offend a man for his own good is to have a healthy love for him.

~ Michel de Montaigne (1533 – 1592)

Merrill Lynch to Get $6.2 Billion From Temasek, Davis

Merrill Lynch to Get $6.2 Billion From Temasek, Davis

By Yalman Onaran and Chia-Peck Wong

Dec. 24 (Bloomberg) — Merrill Lynch & Co., reeling from the biggest loss in its 93-year history, will receive a cash infusion of as much as $6.2 billion from Singapore’s Temasek Holdings Pte. and Davis Selected Advisors LP.

Temasek will invest up to $5 billion for a less-than 10 percent stake and New York-based money manager Davis Advisors will buy $1.2 billion of Merrill stock, the world’s largest brokerage firm said in a statement today. Merrill fell 2.9 percent to $53.90 at 1 p.m. in New York Stock Exchange trading, after the firm said Temasek will pay $48 a share, almost 14 percent less than the Dec. 21 closing price.

Merrill Chief Executive Officer John Thain, who took over Dec. 1, joins Citigroup Inc., Morgan Stanley and UBS AG in tapping a sovereign wealth fund to shore up capital. An $8.4 billion writedown of mortgage investments and loans led the firm to post a $2.2 billion third-quarter loss and oust CEO Stan O’Neal in October. Merrill may report another $8.6 billion writedown next month, said David Trone, an analyst at Fox-Pitt Kelton Cochrane Caronia Waller.

“Capital raising is a positive” for Merrill, said Mark Batty, who helps manage about $77 billion including Merrill shares at PNC Wealth Management in Philadelphia. “Given the challenge of the hits they’ve received to the equity base, that’s a necessity.”

Merrill also agreed earlier today to sell its commercial finance business to General Electric Co.’s finance arm for an undisclosed price to free up $1.3 billion of capital.

Selling at the Low

Temasek will pay $4.4 billion for new Merrill shares at $48 apiece and has an option to buy an additional $600 million of stock by March 28, according to a term sheet posted on Merrill’s Web site. Davis Advisors, a closely held firm founded in 1969, will make a “long-term investment” of $1.2 billion, according to today’s statement. Davis will also pay $48 a share.

“The only negative for these capital infusions is that they’re selling their stock at the lows,” said Ben Wallace, who helps manage $850 million, including shares of Merrill, at Grimes & Co. in Westborough, Massachusetts. “When you need the money most, you have to accept the low price.”

Temasek’s stake won’t exceed 10 percent, Merrill said. Neither the sovereign fund nor Davis Advisors will play a role in Merrill governance, the company said.

“What we like so much about John Thain is that he has a proven track record of creating shareholder value,” said Kenneth Feinberg, who helps oversee more than $100 billion at Davis Advisors, including its Davis Financial Fund, which has declined 4.6 percent this year.

The Right CEO

The firm had a 0.2 percent stake in Merrill at the end of September, according to a filing with the U.S. Securities and Exchange Commission. Merrill is a passive, minority investor in Bloomberg LP, the parent of Bloomberg News.

Thain, a former Goldman Sachs Group Inc. president, joined Merrill from NYSE Euronext, which he helped transform into a publicly traded company in 2006. By the time his departure as CEO was announced last month, NYSE shares had gained 35 percent since their first day of trading, twice as much as the Standard & Poor’s 500 Index in the same period.

Davis Advisors’ preference for financial stocks dates back to 1947, when Shelby Cullom Davis, the grandfather of the firm’s current chairman, invested $100,000 in insurers at the age of 38. By the time he died in 1994, the sum had grown to almost $900 million, according to John Rothchild’s book “The Davis Dynasty,” published in 2001 by John Wiley & Sons.

Temasek’s Homework

“Davis Funds are very credible,” said Ken Crawford, who helps oversee $900 million, including Merrill shares, at Argent Capital Management in St. Louis. “Their involvement signals that they believe the shares offer value and Thain is the right CEO going forward.”

Governments in the Middle East and Asia have agreed to invest more than $25 billion in Wall Street firms since banks began to disclose subprime losses. Merrill’s shares slumped 40 percent in NYSE trading this year, cutting its market value to $47.5 billion.

“Many take the view that the worst is probably over,” said Teng Ngiek Lian, who oversees $3 billion as head of Target Asset Management in Singapore. Merrill has “written down their books to a comfortable level and I’m sure Temasek would have done its homework.”

Set up in 1974 to run state assets, Temasek now manages a portfolio of more than $100 billion that includes controlling stakes in seven of Singapore’s 10 biggest publicly traded companies.

Abu Dhabi, China

It holds 18 percent of London-based Standard Chartered Plc and 28 percent of DBS Group Holdings Ltd., Southeast Asia’s largest bank.

Temasek, owned by Singapore’s finance ministry, has reaped an 18 percent average annual return since its inception. It raised more than $800 million in the past month selling part of its stakes in China Construction Bank Corp. and Bank of China Ltd., the nation’s second- and third-largest lenders.

Citigroup, the biggest U.S. bank by assets, said Nov. 27 that Abu Dhabi would invest $7.5 billion in the New York-based company. State-controlled China Investment Corp. is buying almost 10 percent of Morgan Stanley for $5 billion after the second-biggest U.S. securities firm reported a loss of $9.4 billion from mortgage-related holdings on Dec. 19.

Government of Singapore Investment Corp., along with an unidentified Middle Eastern investor, agreed this month to inject 13 billion Swiss francs ($11.2 billion) into UBS, the biggest Swiss bank. The government fund manager, known as GIC, manages more than $100 billion of the nation’s foreign reserves.

Bear Trigger

“The valuation for banks seems very reasonable, which is why the sovereign wealth funds are keen,” Target Asset’s Teng said. “We, too, are more bullish about banks generally.”

Investments by sovereign funds may give some respite to banking stocks battered by at least $96 billion of credit- related related writedowns at the world’s biggest financial institutions.

“It just shores up confidence and will boost banking shares,” said Nicholas Yeo, who helps oversee more than $40 billion in Asian equities at Aberdeen Asset Management in Hong Kong. “Maybe the outlook is not so bad.”

Bear Stearns Cos., the securities firm that helped trigger the collapse of the subprime market, struck an agreement in October with China’s government-controlled Citic Securities Co. for a $1 billion cross-investment. The New York-based company announced a $1.9 billion writedown on mortgage losses Dec. 20, sending the firm to its first quarterly loss since it went public in 1985.

GE Capital

General Electric, based in Fairfield, Connecticut, said today it agreed to acquire about $10 billion of assets and $5 billion of commitments from Merrill Lynch Capital, the firm’s commercial finance business.

GE will buy Merrill units that specialize in equipment, franchise, energy and healthcare financing, according to the companies’ statement. The sale, for an undisclosed price, doesn’t include Merrill Capital’s real estate assets.

GE’s finance units, known collectively as GE Capital, have more than $612 billion in assets, with about $260 billion at its commercial finance division.

Kipling

“Him I love because he is devoid of fear, carries himself like a man, and has a heart as big as his boots. I fancy, too, he knows how to enjoy the blessings of life.”

~ Rudyard Kipling, in the December 12 1889 account for the Indian newspaper Pioneer, describing the kind of man who gets to California.

Mahatir on Malaysia's fighter plane purchase

“I want to tell you, we had wanted to buy Russian MiGs (fighter planes). You know Russians, they are very inferior. Somehow or other, it was wangled without my knowledge, that part of the money (only to be used to purchase MiGs was also used) to buy (the American made) F-18 (planes). The very good American aircraft costs twice as much as the MiGs. And then, we acquired eight F-18s and 18 MiGs. MiGs are sold to us without any condition. If we feel like bombing Singapore, for example, the Russians are not going to object. Any Singaporeans here? Or ex-Singaporeans?

But this great aircraft called F-18 which we bought from America, after buying it, after several months, I got to know that these aircraft cannot be used for any attacks against any country even if it is not Singapore, because the Americans sold the aircraft, but the source code is kept by them. So you cannot plan anything, you cannot fly them to carry out any bombing attacks against anybody but you have this wonderful aircraft which you can see at Lima (the Langkawi International Maritime and Aviation Exhibition). So, we spent this huge sum of money and they actually negotiated and agreed to these terms.

So that’s why I say we are not very good at negotiating.”

Ministry of Sound parent sues Singapore franchise

The Straits Times
Nov 17, 2007

Ministry of Sound parent sues Singapore franchise
UK nightlife giant unhappy over local licensee’s running of its nightclub here
By Sujin Thomas

THE London-based parent company of the nightlife giant Ministry of Sound (MoS) has filed suit against its Singapore franchise, alleging a litany of shortfalls in the way it is run – from the kind of music played to its unstable website.

MoS filed suit in Britain’s High Court of Justice on Thursday, seeking damages and a court order to force its Singapore licensee LB Investments to fall in with its guidelines on running the club.

LB Investments is a subsidiary of Singapore mainboard-listed company LifeBrandz.

MoS has alleged, among many things, that LifeBrandz’s focus has been on promoting its stable of other nightclubs in Clarke Quay, such as The Clinic, Fashion Bar and Lunar.

Court papers also said the MoS Singapore website has ‘often been down or inaccessible’.

LB Investments is also said to have breached its contract in the areas of staff uniforms, music policy, door policy and the dismissal of key employees.

The bottom line: It had ‘failed to develop’ the club here ‘in a manner consistent with the reputation of the brand’.

LB Investments signed the contract in April 2005 for 15 years and threw a big bash when the 40,000-sq-ft party venue opened in December 2005.

The lawsuit caps an almost year-long exchange of letters and talks, which MoS said ‘was never taken seriously’.

LifeBrandz chief executive Clement Lee said: ‘We don’t think these breaches are of any substance. They have claimed certain things and I don’t think all of them are true.’

He added that his lawyers from Rajah & Tann would draft a reply to MoS.

Besides the alleged breaches of contract, MoS claims that it is owed $200,000 in royalties which were due in April.

But Mr Lee said he was due to pay only next month: ‘Their claim of our not paying them the money is ridiculous because the contract is not even due.’

MoS International’s president Michael Wilkings, who has visited the club here, told The Straits Times on the line from Dubai: ‘The breaches are material, substantial, continuing and unremedied. We are out of patience.’

He has been overseeing the nightclubs and bars under the MoS brand outside Britain for the past 11/2 years; MoS makes about $300 million worldwide every year and now has another franchise in Egypt.

He said: ‘We have been trying to deal with Clement Lee and his colleagues through most of this year, to try and make him understand MoS Singapore has to be operated at a standard that is acceptable to MoS.’

When asked how MoS was alerted to these breaches, he said that, besides customer feedback, periodic checks are made on the group’s clubs, some without the licensees’ knowledge.

‘We obviously don’t have a lot of confidence in their ability to operate the club,’ he said.

Rumours of an imminent closure have churned among partygoers since last month, when industry sources began speculating about unhappiness in Britain’s MoS about the way the club here was run.

But as far as Mr Lee is concerned, the party goes on, since the franchise has not been revoked.

He said: ‘There just seems to have been a difference in direction as to what is expected and what we’re delivering.’

Continue reading “Ministry of Sound parent sues Singapore franchise”

‘You can feel like you are on holiday’

‘You can feel like you are on holiday’
By Kitty Go
Financial Times

Published: December 8 2007 00:22 | Last updated: December 8 2007 09:54

Austrian Christian Rhomberg, 51, is the co-founder and director of the 97 Group, which he established in 1982. He now owns and manages 12 restaurants in Hong Kong and Shanghai. He is also executive director and founder of Kee, one of the city’s most exclusive dining clubs.

I came here with the foreign service as deputy Austrian trade commissioner. Hong Kong has been my home for 25 years, since I was 26 years old. I fell in love with the entrepreneurial spirit of the city and it inspired me to open my first restaurant, 1997, with some friends in 1982. I was young and I found the city very mysterious, sexy and exotic, especially coming from Austria, which was the complete opposite. The reason I wanted to leave Europe was because I wanted to go somewhere completely different, to an exciting and vibrant place that had a lot of growth potential.

When I was in my 20s, I met friends in nightclubs but I couldn’t find one I really liked, so I opened one myself. When I first arrived in Hong Kong choices for dining and drinking spots were confined to hotel outlets and a few pubs but not trendy western cafés or restaurants. My friends and I talked among ourselves and decided we should open one because that was what was obviously missing. My office was in the financial district yet, for an international city, at that time, entertainment was virtually non-existent.

In Hong Kong, to make a successful party you have to surprise people with a unique location. Five years ago, for the Kee anniversary, we rented a warehouse and an amphitheatre to host a party for 2,500 people. We had a circus and an Hermès fashion show amidst gardens, fountains and elaborately decorated stages. Ten years ago we found an old fashioned, sleepy amusement park, which doesn’t exist anymore, in Lai Chi Kok. There was a Chinese-themed garden with ponds, tea houses and a replica of the Great Wall. We didn’t tell our guests the location until the last minute and they came in costume. We flew in top impersonators of Michael Jackson, Madonna and Elton John from Las Vegas to perform.

Unfortunately Hong Kong has become very serious in business and people work too much. In my first 10 years of operation, we had a lot of business people coming in for leisurely lunches. These days, people rush back to the office. Business is very exciting, yet demanding, nowadays. I really wish the city would invest more into making it clean and green in terms of air and water quality. I don’t think it would require that much work – just a little more vision on the part of the government. Singapore and Sydney have shown us that there is a lot of potential [for cities] to be beautiful. Doing so will really make Hong Kong the “pearl of Asia” or the Monte Carlo of China. I think that would be really nice. In Monte Carlo you can still swim in the harbour between the yachts so why can’t we do that here?

I am from Innsbruck and grew up as a good skier and I am very much a sportsman. I still have family there and we have a beautiful home there. Normally I spend two to three months of the year in Europe and I am also working on something very different for that market. We have a beautiful property there with two lakes where we will build a transcultural health centre for preventive health and also a museum. Since I come from Austria, I like nature and, with a little effort, there are lots of walks in Hong Kong. Every morning I walk on the Blacks Link trail for an hour. On weekends I take my kids to [one of] the many country parks or we go out with friends on boats. You can really feel like you are on a tropical holiday in Hong Kong but you have to make a little bit of effort. Equally, the city is not a cultural desert; there is a lot of theatre, concerts and exhibitions where visual arts are expanding very quickly.

The quality of living in HK is expensive and then you also have to make an effort. Right now the market it very “brought through”, so there are not as many opportunities as in the early days. The fun in my business is to constantly reinvent ourselves and that makes it exciting. Kee is a sophisticated restaurant during the week and a trendy nightclub on weekends, which is a concept we chose on purpose. These days, there is every concept, every cuisine and entertainment you can imagine hosted in very interestingly designed venues.

You have to be up to date with global trends because the Hong Kong market is very demanding. In general, the western-oriented market has developed and become very sophisticated. In the beginning there were a handful of restaurants and bars similar to what we have in our group. These are operated both by foreigners and local Chinese who have travelled and wanted to do something they saw abroad.

Ideally, you should own your own property. When it comes to business it’s important to find the right location and, if you can’t own your own property, have a partnership with your landlord. Otherwise you will be exposed to exorbitant rent increases every three years.

Austria’s main business is tourism, yet there is very high taxation and bureaucracy that make it very difficult to make money there. Of course it’s also not as dense as Hong Kong. Innsbruck has 150,000 inhabitants and a third are students, so it is a good place for small cafés, bars and restaurants. And the Austrians love to eat and go out as much as the Chinese so this is not the problem. Having good staff is a problem in Europe. Europeans don’t want to be in the service profession so you have to work with a lot of foreigners but for a good restaurant to work you have to really work with local people.

The Other Derivative Problem

By now everyone can recite how crummy mortgages got packaged into asset-backed securities, and how, after the tastier tranches were sliced off, the meat by-products got sent along to the CDO sausage factory to be made palatable again. Now CDO investors are puking up all over town.

But there has been another derivatives party going on, where the bubbly is still flowing to a large extent. That, as many will relate, is the explosion in credit default swaps (CDS) that has appeared over just the past few years.

Structured finance has been around since the 1980s, but the CDS market is essentially brand new. The CDS was invented in the mid-1990s but it was minor until the last four years. Since 2003, this market has exploded in size by 10x, to a total notional amount of about $45 trillion. Yes, that’s trillion with a “t”. This market has never been tested in any kind of economic downturn, not even the most recent one of 2001-2002.

The credit-default swap is insurance against a credit accident. The seller of CDS receives a small monthly payment. If the insured bond fails to perform, the buyer of CDS receives a large one-time payment from the seller. At first, in the 1998-2002 period, this was mostly a way for holders of bonds to insure themselves. However, in recent years, the CDS market has become a way for CDS buyers to wager on credit deterioration, and a way for CDS sellers to act like banks.

Banks are a wonderful business, when everything is working right. They have returns on equity that can range from 15% to as much as 25%. These are the kinds of returns that get hedge funds, and their investors, interested. However, it is difficult to enter the banking business. You need offices, branches, depositors, employees, advertising, and so forth.

Banks traditionally profit on the interest rate difference, or “spread”, between the money they borrow, from depositors for example, and the money they lend, to corporations for example. They may lever up ten to one, supporting $100 billion of assets on $10 billion of equity. Thus, if their spread is 2%, and they are levered 10:1, their return on equity is a juicy 20% (actually more like 24% because of the return on the underlying capital).

The CDS contract allowed hedge funds to act like banks. The monthly premium on the CDS is a spread between the equivalent Treasury yield and the implied yield on the underlying bond. This can be considered payment for the risk of default, which the Treasury bond presumably does not have. Imagine you’re a fund with $1 billion in capital. You could try to borrow $9 billion – from whom? – and then buy $10 billion in bonds, and enjoy the spread, like a bank. However, that $9 billion would probably have a higher interest rate than a Treasury bond, because the fund also has risk. And, the maturity of the borrowed money would likely be very short, while the bond has a long maturity, introducing duration risk (this didn’t seem to scare the SIVs however).

The CDS solves these problems. You just sell CDS on $10 billion of bonds. This doesn’t cost any money. You don’t have to put up any collateral. You don’t have to hire a single bank teller or loan officer. You just call your broker, put in the order, and start getting your monthly payments, just as if you had borrowed $9 billion (at the same rate as the Federal government) and lent $10 billion.

And the fund manager who made this one single phone call? If we assume a 20% return, and $1 billion of capital, he collects about $60 million per year. Which explains the explosive growth of the CDS market in the last four years.

Ah, there’s something. You “call your broker.” Actually, you call your dealer. It’s not so easy to just find a buyer for your $10 billion notional of CDS. This is an over-the-counter market. This is where the big broker-dealers, like JP Morgan, Bank of America, and Citibank step in. Over-the-counter markets are lovely for dealers because of the fat spreads – there’s that magic word again that pricks up bankers’ ears – between bid and asked in this market. So, what happens is you sell the CDS to your dealer, such as JP Morgan? JP Morgan then sells CDS – of its own issuance – to its customers that want to buy CDS.

So, you see that JP Morgan now sits in the middle, like a banker should. JP Morgan is “long” the CDS you sold to them, and also “short” the CDS it sold to someone else, and is thus theoretically hedged from risk while collecting the spread between the prices it bought and sold at. This is a lot like bankers’ traditional business of pocketing the spread between the rate it borrows and the rate it lends.

So, it should be no surprise that the big broker/dealer banks (JP, BofA, Citi) account for 40% of the CDS outstanding. Hedge funds account for 32%. This reflects banks’ monkey-in-the-middle dealer strategy for CDS. The remainder is likely insurance companies, synthetic CDOs, CPDOs, and other weird fauna that will soon become extinct. (Thanks go to Ted Seides of ProtÈgÈ Partners for aggregating this information.)

Now, that 32% of CDS sold by hedge funds has a notional value of $14.5 trillion. This means that, if all those bonds underlying the CDS were a total loss, the funds would have to pay $14.5 trillion. Not very likely. However, if there were only a 5% loss – not so impossible these days – the CDS-selling hedge funds would still be on the hook for $725 billion. Hedge funds, all together, have estimated assets of around $2.5 trillion. However, only a small fraction of those are CDS-sellers. Let’s take a guess at 10%, or $250 billion of capital. (It’s probably less than that.) How do you pay a $725 billion bill with $250 billion of capital?

There’s an easy answer to that: you don’t. So, who pays? The banks, remember, are in the middle. If the CDS-selling hedge fund doesn’t pay up on its $725 billion, then the bank is unhedged regarding the CDS that it sold. In this case, the banks would be liable for $475 billion. This is known as counterparty risk.

That’s four-seventy-five billion. More than four times the entire capital of Citigroup – capital which has already come under pressure from losses elsewhere.

So, what happens if there is a CDS counterparty-risk event? Do the big banks go bankrupt? Probably not, although there would be much wailing and gnashing of teeth. Instead, they would probably get a nod and a wink from the government to simply ignore their own CDS obligations. The counterparty risk shifts to CDS-buyers.

The CDS buyers can take the hit, because they aren’t really out any money. They paid their monthly insurance bills, but never got a payout after the credit market car crash. So, in a sense, this drama would likely end in more of a whimper than a bang. In fact, everyone got off OK: the CDS-selling hedge fund manager made a killing in management fees, before the fund went bust; the bank made a killing in dealer income, before kissing their obligations goodbye, and the CDS-buying hedge fund manager raked in the fees on the enormous mark-to-market profits of his CDS portfolio (20% of the aforementioned $725 billion), before these profits were eventually shown to be uncollectible. A perfect Wall Street happy ending.

However, the kind of situation in which large banks ignore multi-hundred billions of legal obligations is very extreme. The last time something like that happened was in the early 1930s. At that time, they called it a “bank holiday,” which has a nice festive ring. The celebration included a devaluation of the dollar, the first permanent devaluation in U.S. history. At least president Roosevelt had the good sense to repeg the dollar to gold at $35/ounce, parity it maintained until 1971. Feel free to make your own guesses as to what Paulson and Bernanke might try.

Regards,

Nathan Lewis

Governments

Betting against gold is the same as betting on governments. He who bets on governments and government money bets against 6,000 years of recorded human history.

~Charles De Gaulle~