Monday, October 24, 2011

Bank of America moved Investment Banking derivatives into a bank subsidiary



Bank of America, hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation.  The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties…”

A blog I read pointed out that this could signal that Bank of America was near collapse.  I don’t know the background of the Blog (and I didn’t keep the link), but this issue was egregious enough to draw the interest of John Hussman, PhD, of Hussman Funds in his weekly comment today.

Mr. Hussman said in his weekly Market Commentary this was “outrageous” and implied that B of A was transferring bad debt to its Bank subsidiary in order to get Taxpayers to pick up the tab if the derivatives go south.  He also said it was illegal under the Federal Reserve Act, but that has not stopped the Fed in the past since “…the Fed can make an exemption whether the FDIC likes it or not . And that's what we've come to - government of the banks, by the banks, and for the banks…”   - from John Hussman, PhD, Weekly Market Comment (24 Oct 2011)  http://www.hussman.net/wmc/wmc111024.htm

For its part the bank said, “The moves by Bank of America are part of “the normal course of dealings that we’ve had with counterparties since Merrill Lynch and BofA came together."   That’s exactly why I have never been a fan of combining the assets of Banks (where we regular people keep our money) and Investment Banks.  This combination was a big cause of the last banking crisis.  This report is very troubling.

Regarding this market, I am beginning to get the feeling that Greece may be a “Buy-the-rumor; sell-the-news” story.  It is not likely that the US economy will get out of the Greek/Euro-crisis without impacts.  The rumors and market expectation seems to be that all will be OK since Europe will “fix” Greece.  When/if they do, we will have already priced it into the market and there will be no where for the market to go but down.  (Good news is powering us up; but when the news is over, there is no more good news to keep the market moving up.)  If we get any bad news at all, the market reaction may be down fast.

That’s what I think; what I am seeing is far more optimistic.

The NTSM market analysis remains BUY today. 

I bought back into the stock market at S&P 500 1155 on 7 Oct after the 6 Oct NTSM buy signal.  I remain 100% long in the long term portfolio (100% stocks in the 401k.). (See the page “How to Use the NTSM System” – the link is on the right side of this page).