Friday, January 15, 2016

8 Things You May Not Know About American Money

On February 25, 1863, President Abraham Lincoln signed the National Banking Act (originally known as the National Currency Act), which for the first time in American history established the federal dollar as the sole currency of the United States. On the law’s 150th anniversary, explore eight surprising facts about American money.
1. The Constitution only authorized the federal government to issue coins, not paper money.
Article One of the Constitution granted the federal government the sole power “to coin money” and “regulate the value thereof.” However, it said nothing about paper money. This was largely because the founding fathers had seen the bills issued by the Continental Congress to finance the American Revolution—called “continentals”—become virtually worthless by the end of the war. The implosion of the continental eroded faith in paper currency to such an extent that the Constitutional Convention delegates decided to remain silent on the issue.
2. Prior to the Civil War, banks printed paper money.
For America’s first 70 years, private entities, and not the federal government, issued paper money. Notes printed by state-chartered banks, which could be exchanged for gold and silver, were the most common form of paper currency in circulation. From the founding of the United States to the passage of the National Banking Act, some 8,000 different entities issued currency, which created an unwieldy money supply and facilitated rampant counterfeiting. By establishing a single national currency, the National Banking Act eliminated the overwhelming variety of paper money circulating throughout the country and created a system of banks chartered by the federal government rather than by the states. The law also assisted the federal government in financing the Civil War.
3. Foreign coins were once acceptable legal tender in the United States.
Before gold and silver were discovered in the West in the mid-1800s, the United States lacked a sufficient quantity of precious metals for minting coins. Thus, a 1793 law permitted Spanish dollars and other foreign coins to be part of the American monetary system. Foreign coins were not banned as legal tender until 1857.
$100,000 bill
The $100,000 bill, printed between 1934 and 1935.
4. The highest-denomination note ever printed was worth $100,000.
The largest bill ever produced by the U.S. Bureau of Engraving and Printing was the $100,000 gold certificate. The currency notes were printed between December 18, 1934, and January 9, 1935, with the portrait of President Woodrow Wilson on the front. Don’t ask your bank teller for a $100,000 bill, though. The notes were never circulated to the public and were used solely for transactions among Federal Reserve banks.
5. You won’t find a president on the highest-denomination bill ever issued to the public.
The $10,000 bill is the highest denomination ever circulated by the federal government. In spite of its value, it is adorned not with a portrait of a president but with that of Salmon P. Chase, treasury secretary at the time of the passage of the National Banking Act. Chase later served as chief justice of the Supreme Court. The federal government stopped producing the $10,000 bill in 1969 along with these other high-end denominations: $5,000 (fronted by James Madison), $1,000 (fronted by Grover Cleveland) and $500 (fronted by William McKinley). (Although rare to find in your wallet, $2 bills are still printed periodically.)
Confederate money
Confederate currency featuring George Washington.
6. Two American presidents appeared on Confederate dollars.
The Confederacy issued paper money worth approximately $1 billion during the Civil War—more than twice the amount circulated by the United States. While it’s not surprising that Confederate President Jefferson Davis and depictions of slaves at work in fields appeared on some dollar bills, so too did two Southern slave-holding presidents whom Confederates claimed as their own: George Washington (on a $50 and $100 bill) and Andrew Jackson (on a $1,000 bill).
7. Your house may literally have been built with old money.
When dollar bills are taken out of circulation or become worn, they are shredded by Federal Reserve banks. In some cases, the federal government has sold the shredded currency to companies that can recycle it and use it for the production of building materials such as roofing shingles or insulation. (The Bureau of Engraving and Printing also sells small souvenir bags of shredded currency that was destroyed during the printing process.)
8. The $10 bill has the shortest lifespan of any denomination.
According to the Federal Reserve, the estimated lifespan of a $10 bill is 3.6 years. The estimated lifespans of a $5 and $1 bill are 3.8 years and 4.8 years, respectively. The highest estimated lifespan is for a $100 bill at nearly 18 years. The federal government reports that approximately 4,000 double folds (forward, then backward) are required to tear a note.

Monday, January 11, 2016

How David Bowie Changed Wall Street

David Bowie was known for his ability to reinvent himself. But he also helped inspire a pocket of Wall Street that tries to create money out of weird things like billboard rental income, cellphone tower lease payments and literary or film libraries.
In 1997, Mr. Bowie bundled up nearly 300 of his existing recordings and copyrights into a $55 million security that paid the buyer — Prudential Insurance Company of America — a 7.9 percent annual rate over 10 years, backed by the income from his royalties and record sales, and the licensing of his songs for films or other uses.

The so-called Bowie bonds were among the first in what would become a wave of esoteric asset-backed securities deals based on intellectual property, including a more recent one involving Miramax’s film library(including titles like “Pulp Fiction” and “The English Patient”). Bankers have also come up with securities backed by franchise revenue for the restaurant chains Sonic and Church’s Chicken, among others.

The buyers in these deals, which are negotiated privately by the banks that put the transactions together, tend to be specialized hedge funds or big institutions that can negotiate terms with the bankers. Individual investors never got their hands on a Bowie bond because Prudential never sold any of its stake.

A Prudential spokesman declined to comment.

At the time it was a good deal for Mr. Bowie. He got upfront cash for a decade’s worth of royalty and licensing revenue without having to give up ownership of his songs.

Originally rated A3 by Moody’s Investors Service, Bowie bonds were later downgraded to Baa3, just above junk status. By the early 2000s, Internet file sharing had become a factor, and musicians were generating less income because album sales were declining.

Still, Mr. Bowie’s Wall Street collaboration inspired other celebrities to cash in while the getting was still good. Edward Holland, Brian Holland and Lamont Dozier, the Motown hit songwriters, did a deal, as did James Brown and Rod Stewart. In 2002, DreamWorks SKG entered into a $1 billion deal involving its film catalog.

Most asset-backed securities are secured by income generated from mortgages, credit card loans and auto loans. But mortgage-backed securities gave the sector a bad name during the financial crisis and investors backed off for a while.

Issuance of asset-backed securities dropped 16.6 percent last year, to $184 billion, with a steep drop off in deals backed by credit card loans, according to the Securities Industry and Financial Markets Association.

Deals backed by unusual assets make up about a tenth of the asset-backed security market, appealing to investors who want higher yields and are willing to take on more risk.

“There’s a nonanalytic aspect to these deals that makes them riskier,” says Sylvain Raynes, a founder of R&R Consulting who worked at Moody’s at the time the Bowie bond was being rated.

http://www.nytimes.com/2016/01/12/business/dealbook/how-david-bowie-changed-wall-street.html?ribbon-ad-idx=5&rref=business/dealbook&module=Ribbon&version=context&region=Header&action=click&contentCollection=DealBook&pgtype=article

Wall St. watchdog homes in on high-frequency trades to combat spoofing


Wall Street's industry-funded watchdog is ramping up its scrutiny of high-frequency trading firms as efforts to manipulate U.S. markets through the technology grow more sophisticated, the regulator's chief said on Tuesday.

The Financial Industry Regulatory Authority will examine how well high-frequency trading firms are protecting their systems from unscrupulous traders who are trying to manipulate markets, according to a list of its 2016 examination priorities for Wall Street firms, published on Tuesday.

High-frequency trading is an automated strategy that can move billions of dollars worth of trades in a fraction of a second.

FINRA's heightened focus on controls in place at high-frequency trading firms coincides with the growing prevalence of a new and more complex form of spoofing, a type of manipulation that involves faking orders for a security to deceive the market by creating the illusion of demand, said Richard Ketchum, FINRA's chairman and chief executive, in an interview.

The regulator is observing more instances in which traders are using multiple firms to place those orders, Ketchum said. The strategy can make the conduct trickier to track.

Spoofing occurs when traders place orders in markets without intending to execute them. The traders immediately cancel the orders, but other market participants mistakenly believe the price of the security has moved.

Wall Street's industry-funded watchdog is ramping up its scrutiny of high-frequency trading firms as efforts to manipulate U.S. markets through the technology grow more sophisticated, the regulator's chief said on Tuesday.

The Financial Industry Regulatory Authority will examine how well high-frequency trading firms are protecting their systems from unscrupulous traders who are trying to manipulate markets, according to a list of its 2016 examination priorities for Wall Street firms, published on Tuesday.

High-frequency trading is an automated strategy that can move billions of dollars worth of trades in a fraction of a second.

FINRA's heightened focus on controls in place at high-frequency trading firms coincides with the growing prevalence of a new and more complex form of spoofing, a type of manipulation that involves faking orders for a security to deceive the market by creating the illusion of demand, said Richard Ketchum, FINRA's chairman and chief executive, in an interview.

The regulator is observing more instances in which traders are using multiple firms to place those orders, Ketchum said. The strategy can make the conduct trickier to track.

Spoofing occurs when traders place orders in markets without intending to execute them. The traders immediately cancel the orders, but other market participants mistakenly believe the price of the security has moved.

Sunday, January 10, 2016

It Begins: FXCM Doubles Yuan Margins, Warns Of Market "Disruption And Highly Illiquid Conditions"

The last time FX brokers, still hurting from the Swiss National Bank's revaluation shocker from last January which forced brand names such as FXCM to seek an urgent bailout, scramble to hike margins was in late June just ahead of the Greek "event risk" weekend, when  numerous brokers either hiked margins on EUR positions or went to "close only" mode due to "uncertainty surrounding the Greek debt negotiations... that could lead to high volatility on the market."
So, barely one week into the new year, one which has seen the stock market suffer its worst ever first week of trading, some FX brokers are not taking chances, and in the aftermath of the aggressive plunge in the Yuan (one we warned about a month ago), have decided to minimize client stop-out risk by hiking margins.
Case in point, here is FXCM with a just released warning about upcoming "highly illiquid conditions" leading to a doubling in Yuan margins:
Dear Client,

We believe there is a chance of disruption and highly illiquid conditions in the forex market during the coming weeks (and/or months). Please be aware that market gaps tend to occur over the weekend – that is, currencies trade at prices considerably distant from previous levels.

*IMPORTANT UPDATE*  

Margin requirements will double on the USD/CNH pair after market close on January 15, 2016. See a Complete List of New Margin Requirements

Please review your account to ensure that you have enough available margin to support any new positions. You may deposit additional funds at www.myfxcm.com or close positions as needed.
Follows the traditional disclaime which FXCM itself probably should have taken to heart one year ago when after the SNB's de-pegging the firm suffered tremendous losses:
Remember that forex trading can result in losses that could exceed your deposited funds and therefore may not be suitable for everyone, so please ensure that you fully understand the high level of risk involved.
The paradox here is that pre-emptive, if correct, warnings such as this one, tend to quickly become self-fulfilling prophecies as other brokers immediately follow suit and likewise increase margin requirements, which helps mitigate total loss potential but just as quickly soaks up liquidity from the market, leading to an even more fragmented market, prone to sudden, and quite dramatic moves.
The full list of FXCM margin increases is shown below; expect every other FX brokerage to promptly jump on the bandwagon.
http://www.zerohedge.com/news/2016-01-09/fxcm-doubles-yuan-margins-warns-market-disruption-and-highly-illiquid-conditions

Monday, January 4, 2016

How US laws can apply: US Dollar creates jurisdiction

EES:  As explained by this white paper, transactions that include the US Dollar can be subject to US laws and regulations even if done outside the United States.  For this reason, certain FX hedge funds do not trade USD pairs.  From law firm White & Case:

Means or Instrumentality of Interstate Commerce
Many US laws — including the Foreign Corrupt Practices Act (FCPA) in certain circumstances and various antifraud statutes — may establish jurisdiction over a crime whenever it involves the use of any "means or instrumentality of interstate or foreign commerce." The term is broadly defined by US authorities and may cover any communication or movement that crosses state or international borders, including wire transfers, emails, phone calls, mail and travel. Given the reach of US commerce, from free email servers to correspondent banks that clear US dollars for non-US based banks, such a broad definition can significantly increase the reach of US law. Furthermore, according to US authorities, a defendant company or individual need not use the means or instrumentality of interstate commerce themselves — it may be enough for them to have "caused" the use, such as an instruction being sent to one person, who then forwards it to another, through email servers in the United States.
Conspiracy
Conspiracy law may subject non-US companies or individuals who have not committed an act within the United States to US criminal jurisdiction. Under long established principles of criminal liability, a conspirator may be liable for a coconspirator's acts, as well as for any "reasonably foreseeable" offenses committed by a coconspirator. If the United States can establish jurisdiction over a single conspirator, it may have jurisdiction over all conspirators, whether companies or individuals, wherever they may be found.
In certain circumstances, a conspirator need not have participated in or even known about the underlying criminal offense committed by a coconspirator to be liable. Moreover, unlike conspiracy law in some other countries, under US criminal law, a company can "conspire" with its employees, so corporate crime in the United States may result in a prosecutable conspiracy.
Agent Liability
A company or an individual also may be prosecuted under some US laws, if the company or individual is found to have acted as the "agent" of a company or individual that falls under US jurisdiction. For example, a Japanese trading company was recently prosecuted for violating the FCPA's anti-bribery provisions as the "agent" of a US company, even though the trading company did not act within the United States. A company potentially also may be liable for third parties' actions if those third parties acted on the company's behalf and for the company's benefit. Similarly, under the principle of respondeat superior, a company employee who is acting within the scope of his or her employment, and for the benefit of the company, is considered an agent of the company. If they commit a crime connected to their employment, the company may be criminally liable as well.
"Piercing the Veil"
A company may be liable for another's conduct under the corporate liability principles of "alter ego" or "piercing the veil". For example, a parent company may be liable for its subsidiary's acts if it can be shown that the subsidiary was acting as the "alter ego" — or under the control of — the parent. If a subsidiary outside the United States is determined to be an "alter ego" of the parent, US authorities may be able to "pierce the veil" of legal separation between the companies, and, if so, the foreign company's actions can be treated as if they were committed by the US company. Once an alter ego relationship is shown to exist, either in general or in a specific instance, the subsidiary's conduct and knowledge may be attributed to the parent.
Following the Money: Money laundering and sanctions
US law makes it a criminal offense to engage in or attempt to engage in a financial transaction involving funds that are known to be the proceeds of certain unlawful activities, or to engage in a financial transaction that provides funds for the commission of a crime (such as terrorist financing or sending a bribe payment). This offense is called "money laundering," and non-US corporations and foreign nationals may be subject to prosecution under US federal anti-money laundering statutes if they are involved in the transfer or attempted transfer of illegally obtained funds or funds used to further criminal activity.
Money laundering offenses can be as serious as the underlying offenses they promote. Each financial transaction can be considered a separate offense and is punishable by substantial fines and possible imprisonment. Additionally, funds and other property involved in money laundering may be frozen or seized by US enforcement authorities, or subject to forfeiture.
In prosecuting money laundering offenses, the US Department of Justice takes the position that jurisdiction exists over a financial transaction if the laundering is completed by a US citizen anywhere in the world, or by a foreign national or non-US corporation if the criminal conduct occurs in part in the United States—even if the foreign individual or company never themselves took an action in the United States, or intended for an act to occur there.
This broad jurisdiction can greatly expand the reach of the US money laundering statutes. For example, US corporations and individuals potentially may be prosecuted for money laundering offenses involving financial transactions that occur wholly outside the United States. US courts have held that the financial transaction requirement is satisfied for a wholly foreign transaction if the defendant's conduct "affected" foreign commerce with the US — such as in antitrust matters. Virtually every dollar-denominated transaction potentially implicates US commerce with other nations. While there does need to be an actual US nexus for money laundering laws to apply — the dollars being cleared through a US correspondent bank, for example — and there are dollar-denominated transactions that have no such tie, US enforcement authorities increasingly operate on the assumption (unless convinced otherwise) that they have jurisdiction for such offenses whenever a suspect transaction is denominated in US dollars.
The jurisdiction potentially created by clearing US dollars through a US bank can also significantly extend the reach of US sanctions laws. Sanctions can prohibit or restrict doing business with countries (such as Cuba, Sudan, and Iran), individuals or companies referred to as "specially designated nationals" or "SDNs," which are 'blocked' parties subject to a US asset freeze, and entities placed on the "Sectoral Sanctions Identifications List" (SSI List), as in the case of the Ukraine-related sectoral sanctions.  Sanctions regimes typically cover all "US persons," but what qualifies as a US person may change from one sanctions regime to the next, as each set of sanctions varies slightly. Generally, it includes any US citizen or permanent resident and any US company, wherever they are in the world, as well as any person physically in the United States. In addition, in certain instances US sanctions may reach non-US subsidiaries of US companies.  This may mean that the clearing of dollars through a US bank may be enough to create US jurisdiction over subject transactions.
The location of funds outside the United States does not necessarily mean they are beyond the reach of US enforcement authorities. Under US law, the proceeds of criminal offenses — including some offenses that occur entirely overseas — may be subject to forfeiture and may be frozen and eventually seized by US authorities through forfeiture actions initiated in US courts. With a judgment of forfeiture issued by a US court in hand, US authorities may be able to freeze not only funds located in US bank accounts, but also funds deposited in foreign bank accounts in view of the increasing cooperation among and between enforcement authorities in different countries.

As Stocks Plunge, Swedish Central Bank Holds Extraordinary Meeting, Says Will "Instantly Intervene" If Necessary

Markets have started 2016 with a healty dose of turmoil, and so many were wondering how long - and who - would be the first central bank to intervene in either directly or verbally in markets.
Moments ago we go the answer when Sweden's Riksbank announced it has held an extraordinary monetary policy meeting in which it took the decision required to be able to "instantly intervene on the foreign exchange market if necessary, as a complementary monetary policy measure, to safeguard the rise in inflation."
The decision involves the Executive Board entrusting to the Governor, together with the First Deputy Governor, the task of deciding the details with regard to possible interventions.

During 2015, the Riksbank has cut the repo rate to –0.35 per cent, adjusted the repo-rate path downwards and purchased large amounts of government bonds and also announced additional purchases during the first half of 2016. However, since the last monetary policy meeting in mid-December, the Swedish krona has appreciated against most other currencies. If this develop-ment were to continue, it could jeopardise the ongoing upturn in inflation.

The Riksbank has no target for the exchange rate, but the krona's value in relation to other currencies is an important factor in the inflation forecast. Inflation is rising but has been under the target of 2 per cent for a relatively long period of time. To safeguard the role of the inflation target as benchmark in price-setting and wage formation, it is therefore important that inflation continues to rise.

The Riksbank still maintains a high level of preparedness to take other monetary policy measures in addition to the currency interventions if this is necessary for inflation to stabilise around 2 per cent. The repo rate could be cut further, the securities purchases could be extended and the Riksbank could lend money to companies via the banks.

Deputy Governor Martin Flodén entered a reservation against the decision. He thought it appropriate to wait before implementing any further monetary policy stimulation and did not consider currency interventions to be a suitable tool to make monetary policy more expansionary in the current situation.
And now, we sit back and wait for some of the "real" central banks to follow suit because this aggression against manipulated asset prices will surely not stand. 

Saudi Default, Devaluation Odds Spike As Mid-East Careens Into Chaos

Saudi Arabia just doesn’t know when to quit. 
The kingdom’s plan to deliberately suppress crude prices in an effort to bankrupt the US shale space and preserve market share has cost Riyadh dearly over the past 12 months. The country’s budget deficit for 2015 ballooned to some 15% of GDP as oil revenue collapsed. For 2016, the deficit is expected to come in at a still elevated 13% of economic output.
The red ink has forced the Saudis to tap the SAMA reserve war chest as well the debt market. In a testament to how dire the situation has become, Riyadh also moved to cut subsidies on everything from fuel to electricity to water in order to buy some budget breathing room. The welfare state overhaul was necessary because the Saudis aren’t keen on i) dropping the riyal peg, or ii) rolling back the defense spending.
As if the situation needed to get still more precarious, Riyadh went out and sparked a sectarian showdown over the weekend by executing a prominent Shiite cleric. The Sheikh’s death triggered protests in Iran (among other countries) and before you knew it, the Saudi embassy in Tehran was on fire. That prompted Riyadh to cut diplomatic ties with the Iranians and comments by Saudi Foreign Minister Adel Al-Ahmad Al-Jubeir seem to suggest that the kingdom may be on the verge of taking more steps to intervene militarily in the region in an effort to rollback Iran’s growing influence and stop the Shiite crescent from waxing.
Of course war is costly and is generally accompanied by quite a bit of uncertainty. And if there’s anything the Saudis absolutely do not need right now, it’s more expenses and more geopolitical ambiguity. In a testament to just how unwelcome the events that unfolded over the weekend truly are, Saudi CDS is blowing out to six year wides...
...while the implied odds of the vaunted riyal peg finally breaking are at record highs...
One has to believe that something is about to snap here. The only question is whether it will be the peg or the patience of the Saudi populace with a government that seems hell bent on dragging the country into the financial and geopolitical abyss.
*  *  *
Bonus: For those who might have missed it, here's BofAML's take on the "number one black swan event for the global oil market in 2016"
For oil, however, the most crucial point is what happens to Middle East currencies and in particular to the Saudi Riyal. In fact, Saudi Arabia’s FX reserves are still high and point to an ample buffer for now, but they have been falling at a relatively fast rate (Chart 21). However, should China allow for significantly faster FX depreciation than is currently priced in by markets, we believe oil prices could fall further. Naturally, the FX reserve drain on Saudi could accelerate to $18bn per month if Brent crude oil prices average $30/bbl (Chart 22), sharply reducing the Kingdom’s ability to retain its currency peg. 


Saudi has been forcing prices lower by increasing production into an oversupplied market so far (Chart 23), and it also rushed to issue debt in its local market to fill a soaring budget gap. We have previously argued that Saudi Arabia’s surging output is responsible for almost half of the 520 million barrel global petroleum inventory build in the last 7 quarters. Can the government maintain this strategy of flooding the oil market? In our view, it is unlikely that Saudi leaders would want to exacerbate its ongoing reserve drain by pushing prices below $40/bbl. After all, pressure will quickly build on the riyal’s 30 year peg to the USD (Chart 24) if Brent crude oil prices keep falling. And frankly, it is a lot easier politically to implement a modest supply cut at first than allow for a full-blown currency devaluation. But a CNY meltdown could ultimately force Saudi’s hand.


In short, a depeg of the Saudi riyal is our number one black-swan event for the global oil market in 2016, a highly unlikely but highly impactful. 

However, if Saudi cannot resist the gravitational forces created by a persistently strong USD and depegs the SAR to follow Russia or Brazil, oil prices could collapse to $25/bbl. Weaker commodity prices would in turn add more downward pressure on EMs (Chart 26). Thus, even if micro supply and demand dynamics are improving, the path for oil prices in 2016 will heavily depend on how the USD moves against the CNY and the SAR. Or on a Saudi supply cut.

Sunday, January 3, 2016

Bank of America Explains How Central Banks Rigged And Manipulated The Market

It used to be the provenance of "conspiracy theorists" - alleging that central banks have manipulated, rigged or otherwise broken the "efficient market." That is no longer the case.
As we previously showed, now even the big banks admit it.
However, since for some unknown reason the broader media has yet to catch on to this concept which exonerates the "tinfoil" crowd and makes a mockery of the "bull market" of the past 7 years while posing some very troubling questions about how it all ends, here again is Bank of America explaining not only how "central banks have unfairly inflated asset prices" with the "market aware the price of risk is not correct", but why the biggest risk to the financial system is a "loss of confidence in this omnipotent CB put"

And the cherry on top comes from JPMorgan which declares "Mission accomplished - QE drives up equity valuations"
Sources: "Fragility is the new volatility" by Benjamin Fowler, Global Equity Derivatives Rsch, Bank of America, December 9, 2015; "Eye on the Market Outlook 2016" by J.P.Morgan Private Bank

OPEN A FOREX ACCOUNT


Why Walmart Has 22 Secret Subsidiaries In Luxembourg

Walmart has chipped $3.5 billion off its income tax liabilities over the past six years by stashing $76 billion in profits in offshore tax havens using a complex network of well-disguised subsidiary corporations, according to new research from one of the unions that backs long-running efforts to organize workers at the American retail giant.
The researchers combed financial disclosure documents from the U.S. and multiple other countries to uncover 78 separate Walmart subsidiaries with names like “Azure Holdings” that do not suggest that they are connected to the Arkansas-based chain of stores. Walmart “has never listed any of them” on the subsidiaries section of a required annual corporate filing with American regulators, the United Food and Commercial Workers (UFCW) report says. The company has no physical locations in those countries, but routes revenue from its thousands of international stores through the companies, about half of which are registered in Luxembourg, the Virgin Islands, and the Netherlands.
In Luxembourg, the alleged tax-reduction strategy relies on a financial shell game. The company has shifted $45 billion in assets into its 22 subsidiaries there in the past four years, but reported only a fraction of that amount in profits. It paid a 1 percent tax rate in Luxembourg on $1.3 billion in profits from 2011 to 2013, according to the report. Like most other high-profile corporate tax avoiders, Walmart has achieved its massive tax savings through careful use of legal tax strategies. International tax rules involving loans between two different subsidiaries of the same company mean that Walmart can take out debt from itself, deduct the debt in one country, and pay low or non-existent tax rates on interest payments associated with the loan in a second country.
A company spokesman told Bloomberg that the report is inaccurate and misleading, and said the company complies fully with all the tax laws and corporate disclosure rules of every country in which it does business.
Legal though it may be, the network of holding companies and intermediaries is critical to the company. The $76 billion held in Luxembourg and the Netherlands alone is equal to nearly 40 percent of the company’s total assets worldwide, and 90 percent of the assets claimed by its international division. Researchers note that the total value of offshored Walmart profits may be even higher, as the other tax haven countries’ public records laws do not make similar financial detail available for those operations.
Shifting corporate profits across borders is common among multinational companies in all industries, but most of the recent furor around the practice is focused on the tech sector. Brands like Apple, Google, Microsoft, and Amazon have had their arrangements in Ireland and other European tax havens called into question by American and European Union officials. In an industry where intellectual property (IP) rights are often the key to profitability, it’s relatively easy to understand how the game works. Regardless of which country served as the cradle of innovation for the iPhone, Apple can shift the IP rights to a subsidiary in a lower-tax country. Apple pays U.S. taxes on the royalties the subsidiary pays for the rights, but not on the much larger profits from selling iPhones, which remain abroad in the subsidiary. Those arrangements have come under legal scrutiny in the the past year.
Achieving the same kind of tax benefits is messier in the retail industry. Walmart is in the business of physical things, not ideas. That’s why it has to use a system of intra-Walmart loans and tax deductions to achieve the same sort of tax sheltering outcome that the techies arrive at through royalties payments. But those loans are also in Europe’s gunsights. The Organization for Economic Cooperation and Development has called for changes that would make that loan-and-deduct strategy unfeasible, according to Bloomberg.
All told, corporate profit offshoring costs the U.S. an estimated $50 billion per year in lost revenue. American companies now hold more than $2 trillion in profits offshore.

Wednesday, December 30, 2015

EES: Foreign currency is debt, so says the IRS in this ruling

No comment.

Section 988.--Treatment of Certain Foreign Currency Transactions
An instrument that requires payments to be made in a foreign currency (that is, nonfunctional currency) can be debt for U.S. federal income tax purposes.
Original source from irs.gov:  https://www.irs.gov/pub/irs-drop/rr-08-1.pdf


Martin Shkreli's KaloBios Files Chapter 11: Full Bankruptcy Filing

Over a month ago, when observing (from as far away as possible) the farce of Marti Shkreli's attempt to squeeze KBIO shorts in the context of the infamous Joe Campbell who was short KaloBios only to suffer a $100K margin call overnight when Martin Shkreli bought a 70% stake in the company, we wrote:
Which brings us back to Joe Campbell and his now famous margin call: did he liquidate enough other assets to cover the margin call? What about the hundreds of other shorts who piggybacked and shorted at the close yesterday only to wake up with comparable massive margin calls?

And what happens if Shkreli's plan is indeed to rerun the "Volkswagen" scenario and unleash an epic short squeeze that sends the price of the company into the stratosphere,unlinked from any fundamentals, but merely soaring ever higher as desperate shorts pay any price just to get out.

We hope to find out, as suddenly this until recently bankrupt company whose price has exploded in the past two days, has become not only a poster child for everything broken and manipulated with the market (think 2014's CYNK one year forward) but has the market following with morbid fascination to find out how the tragicomedy of "Shkreli vs the Shorters" concludes.
We now know how the story ends: less than two months after KaloBios had commenced liquidation proceedings, only to be saved in the last moment by a Martin Shkreli liquidity injection, the company is right back in bankruptcy court having just filed for Chapter 11 creditor relief in Delaware bankruptcy court. This takes place a week after it lost two more directors and the Nasdaq stock market decided to delist its shares.
In its bankruptcy filing, KBIO lists $8.4 million in assets and $1.9 milion in debt.

How did the company's truncated board decide on a Chapter 11 filing? From the filing:
Effective as of this 29th day of December, 2015, pursuant to a special telephonic meeting on the same date, the board of directors (collectively, the “Board of Directors”) of KaloBios Pharmaceuticals, Inc., a Delaware corporation (the “Corporation”), upon a motion duly made and acting pursuant to the Corporation’s organizational documents, took the following actions and adopted the following resolutions:

WHEREAS, the Board of Directors has considered information regarding the liabilities and liquidity of the Corporation, the strategic alternatives available to the Corporation, and the impact of the foregoing on the Corporation’s business; and

WHEREAS, the Board of Directors has had the opportunity to consult with the Corporation’s management and financial and legal advisors to fully consider each of the strategic alternatives available to the Corporation; and

WHEREAS, the Board of Directors has been presented with a proposed petition to be filed by the Corporation in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) seeking relief under the provisions of chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (as amended, the “Bankruptcy Code”); and

WHEREAS, the Board of Directors desires to approve the following resolutions

NOW, THEREFORE, BE IT RESOLVED, that in the judgment of the Board of Directors, it is desirable and in the best interests of the Corporation, the creditors of the Corporation, and other interested parties that a voluntary petition (the “Petition”) be filed in the Bankruptcy Court by the Corporation to initiate a bankruptcy case (the “Chapter 11 Case”) under the provisions of chapter 11 of the Bankruptcy Code;
Thus ends KaloBios' "turnaround in progress" - two months after it was
dragged out of bankruptcy by Martin Shkreli in an attempt to crush the company's shorts and unleash a massive squeeze, Kalobios is again, well, bankrupt.
The full filing is below:
Checkout KBIO Class Action Homepage at Steinmeyer Law

Tuesday, December 29, 2015

JP Morgan Employees Said To Steal $400,000 From Eight Dead Clients

In the wake of 2008, it’s probably safe to say there isn’t a person alive who completely trusts a banker. 
If, however, you happen to be dead, it’s more difficult to scrutinize the activities of those conducting your finances, a fact underscored by the alleged theft of hundreds of thousands of dollars from at least eight accounts belonging to deceased clients of JP Morgan. 
According to an indictment filed this month in State Supreme Court in Brooklyn, Jonathan Francis and Dion Allison, employees at a Bedford-Stuyvesant branch, made hundreds of withdrawals from the accounts using ATM cards they issued. One of those charged told investigators he "used the log-on IDs of co-workers when they walked away from their desks," Bloomberg reports.
As The New York Times goes on to recount, “Mr. Allison, 30, and Mr. Francis, 27, created bank cards for several of the dormant accounts [and] with two friends, Gregory Desrameaux, 24, and Kery Phillips, 40, the men then withdrew most of the stolen money, about $300,000, by using A.T.M.s around New York City.” 
(from left: Francis, Allison, Desrameaux)
But it gets worse. Here’s more from The Times:
In April 2013 alone, members of the group made withdrawals on 26 of 30 days, according to the indictment. One night at a Chase branch at Nostrand and Church Avenues, they withdrew $1,000 from one account; 49 seconds later, group members took out $1,000 from a different account.

By May of that year, people in the group had created fake power of attorney documents. That gave Mr. Phillips control of four of the dormant accounts, Adam Zion, an assistant district attorney, said in court on Monday.

This allowed Mr. Phillips to withdraw much more money than the daily A.T.M. limit, up to $9,500 at a time, through a teller.

In another example of the scheme, in February 2013, according to the indictment, Mr. Allison created a bank card for one account. That May, at a Chase branch on Flatbush Avenue, Mr. Phillips turned in fake power of attorney documents giving him control of the account. The same day, prosecutors said, Mr. Phillips withdrew through a teller $49,929.91 — everything that remained — from the account.
The four face charges of conspiracy, grand larceny and falsifying business records and could face up to 15 years in prison if convicted.
Allison was arraigned on Monday. Francis denies the allegations as does Desrameaux. Phillips is in the wind apparently. As others have noted, this isn't the first time JP Morgan employees have stolen from customer accounts. Earlier this year, Michael Oppenheim, an investment adviser, was charged with stealing $20 million from seven of his clients while Peter Persaud, who also worked at a Brooklyn branch, allegedly sold client account numbers, Social Security numbers, and DOBs to an undercover agent. 
So while you can apparently still go to jail for robbing clients the old fashioned way, JP Morgan, like its bulge bracket brethren, can count on token fines and wrist slaps for rigging FX markets, diverting excess deposits to massive curve trades in off-the-run CDS indices, and other instances of more "innovative" highway robbery.
And the punchline to the whole story: it comes courtesy of weak internal procedures meets Washington's grossly inefficient bureaucracy:
While prosecutors believe most, if not all, of the account holders have died, benefit checks continued to be deposited because of faulty reporting to the Social Security Administration.
http://www.zerohedge.com/news/2015-12-29/jp-morgan-employees-said-steal-400000-eight-dead-clients 

Thursday, December 17, 2015

Shkreli, CEO Reviled for Drug Price Gouging, Arrested on Securities Fraud Charges

Martin Shkreli, the boyish drug company entrepreneur, who rocketed to infamy byjacking up the price of a life-saving pill from $13.50 to $750, was arrested by federal agents at his Manhattan home early Thursday morning on securities fraud related to a firm he founded.
Shkreli, 32, ignited a firestorm over drug prices in September and became a symbol of defiant greed. The federal case against him has nothing to do with pharmaceutical costs, however. Prosecutors in Brooklyn charged him with illegally taking stock from Retrophin Inc., a biotechnology firm he started in 2011, and using it to pay off debts from unrelated business dealings. He was later ousted from the company, where he’d been chief executive officer, and sued by its board.
In the case that closely tracks that suit, federal prosecutors accused Shkreli of engaging in a complicated shell game after his defunct hedge fund, MSMB Capital Management, lost millions. He is alleged to have made secret payoffs and set up sham consulting arrangements. A New York lawyer, Evan Greebel, was also arrested early Thursday. He's accused of conspiring with Shkreli in part of the scheme.
Retrophin replaced Shkreli as CEO “because of serious concerns about his conduct,” the company said in a statement. The company, which hasn’t been accused of any wrongdoing, has “fully cooperated with the government investigations into Mr. Shkreli.”
Shkreli’s lawyer declined to comment. Greebel, who worked at Katten Muchin Rosenman LLP and served as lead outside counsel to Retrophin from 2012 to 2014, helped Shkreli in several schemes, prosecutors said. A spokeswoman for Katten Muchin declined to comment; a spokeswoman for Kaye Scholer, where Greebel now works, said he joined the firm after the alleged activities occurred.
Authorities outlined years of investment losses and lies Shkreli allegedly told his investors almost from the moment he began managing money. By age 26, they said, he got nine investors to place $3 million with him, began losing their money and covering it up. Within a year, his fund's account was down to $331.
Shkreli attracted another $2.35 million investment in 2010 and lost about half of that in two months, the authorities said. As the hole grew, he covered it up with scheme after scheme, telling investors that his returns were as high as 35.8 percent when he was down 18 percent. He used client money to pay for his clothing, food and medical expenses and lied to the broker handling his fund's accounts, authorities said.
His name entered public consciousness after he raised the price more than 55-fold for Daraprim. It is the preferred treatment for a parasitic condition known as toxoplasmosis, which can be deadly for unborn babies and patients with compromised immune systems including those with HIV or cancer. His company, Turing Pharmaceuticals AG, bought the drug, moved it to a closed distribution system and instantly drove the price into the stratosphere.Shkreli’s extraordinary history—and current hold on the public imagination—makes the case more noteworthy than most involving securities fraud. The son of immigrants from Albania and Croatia who worked as janitors and raised him deep in working-class Brooklyn, Shkreli both epitomizes the American dream and sullies it. As a youth, he showed exceptional promise and independence and, after dropping out of an elite Manhattan high school, began his conquest of Wall Street before he was 20.
The moves drew shocked rebukes from Congress, public-interest groups, doctors and presidential candidates, and cast an unwelcome spotlight on the rising prices of older drugs. Donald Trump called Shkreli a “spoiled brat,” and the BBC dubbed him the “most hated man in America.” Bernie Sanders, a Democratic presidential candidate, rejected a $2,700 campaign donation from him, directing it to an HIV clinic. A spokesman said in October that the campaign would not keep money “from this poster boy for drug company greed.”