COMPLIANCE: Dodd, Where's My Car?

COMPLIANCE: Dodd, Where's My Car? - Car covered in Snow

Never forget that Wall Street makes its money by getting its hands on yours.  Whether they pride themselves on their banking, their trading, or their research, marketing is the Sweet Spot in nearly every successful investment bank.  If they make enough people believe something is worth having, its price will rise.  If you didn’t make money on it, you have only yourself to blame.
When Goldman Sachs or George Soros says Buy Gold, it’s a lot different than when your Uncle Sidney winks at you over the remains of the Thanksgiving turkey and whispers “Precious metals!  Shhh!!!”  It is a given on Wall Street that by the time a major brokerage firm announces on the front page of the Journal that they are bullish on a sector, their own trading desk has already unloaded most of the house position to their “first call clients,” who they now have to get out of the position gracefully.  Which is where you come in.
Even the “smart money” tells the press what they’re buying, because the biggest hedge fund managers have the same problem we have with our measly little IRAs: if no one will trade with us, we can’t get out of our positions.
If a short-selling fund manager mentions in an interview that “XYZ Corp’s financials aren’t credible,” it could trigger a Congressional investigation.  This raises the issue of why regulators and legislators never complaint when money managers appear in the media and describe in loving detail what they are buying.  We leave it to greater analytical minds than ours – or more cynically twisted ones – to work out the correlation between, for example, the coincidental media reports in late July that both Soros and Paulson were buying gold, and the almost immediate spike in the price of GLD, the gold ETF.  Market participants are well aware that a major brokerage recommendation can move a stock.  Which begs the question: did Soros and Paulson call the bottom, or did they create it?
When hedge fund Jedi Master Stan Druckenmiller pulled the plug on Duquesne Asset Management last week, he said it’s a burden to have too much money under management.  This is why many hedge funds run what are called “silos,” large amounts of investor money centrally controlled, and parceled out by the management company’s senior partners to an array of management groups, each of whom runs an independent trading book.  In a siloed operation there is also a central trading function, a “house book,” run by traders who trade against positions taken by the individual portfolio managers, balancing positions to protect the investors’ money.
We think it odd that the same entity gets to be on both sides of a trade.  In the brokerage business, this is known as stock manipulation.  In the hedge fund world, it’s called “risk management.”
The siloed groups are required to be segregated from one another, and any hedge fund compliance officer will gladly show you the firm’s Chinese Wall policies.  But on the trading floor, managers sometimes talk to one another, which occasionally leads to odd coincidences, such as two managers starting to build a position in the same company.  Or one manager is able to get out of a large illiquid position when another manager mysteriously decides he needs to own the same security.
In the Bizzarro world of Political Correctness, Wall Street has largely phased out the expression “Chinese Wall,” and now refers to “Information Barriers,” as though there were something nasty and racial-profiley about referring to this Wonder of the World by its own name.
It is a wall.  And the Chinese built it, and they have been around ever since.  Rumor has it their economy is breathing down America’s neck.  And one must agree that they were right to fear what would happen when foreigners entered their land.  Thus, we are not sure which word is considered insulting: “Wall,” or “Chinese.”
As they say in China, the art of managing money is the art of having money to manage.  Other people’s money, that is.  China has America’s money to manage, in the form of a whopping bundle of Treasury debt.  Thus its central bank risks being pegged as one of the world’s worst-performing hedge funds.  Silo this!
So who’s in the driver’s seat here?
Wall Street has our money to manage, and for all brouhaha surrounding Dodd-Frankenstein, Wall Street is still in charge.  New regulation will not change that.  The Financial Times ran a full-page piece (27 August, “No Longer A Doormat”) that paints the Schapiro era as a success in the making.  But one fundamental problem has not gone away.  The article quotes a leading plaintiffs’ attorney saying “government lawyers are reluctant to offend those who might turn out to be their next employer.”  The key to lasting change in the regulatory agencies will be finding a way to close the door leading from Washington at $85,000 a year, to Wall Street at $850,000.
Pardon our demur.  Chairman Schapiro doesn’t appear to be in the driver’s seat.  The guys with the money are still very much at the wheel.  In a noble bit of teamwork, Treasury Secretary Geithner browbeat a group of Wall Street execs in a recent appearance at the NYU Stern School of Business.  He said, “your core challenge is to restore the trust and confidence of the American people and your customers and investors around the world.”  Pardon us while we guffaw, Mr. Secretary.  The only challenge facing Wall Street is finding the loopholes in Dodd-Frankenstein and coming up with unregulated businesses that the new legislation can not be stretched to cover.  Given that money buys talent, and Wall Street has all the money, we are once again betting on black.




Moshe Silver

Chief Compliance Officer

EARLY LOOK: No more Bullets

This note was originally published at 8am this morning, August 30, 2010. INVESTOR and RISK MANAGER SUBSCRIBERS have access to the EARLY LOOK in real-time, published by 8am every trading day.




“Show me a guy who can’t pitch inside and I’ll show you a loser.”
-Sandy Koufax



EARLY LOOK: No more Bullets - Sandy Koufax


Keith is vacationing this week in his hometown of Thunder Bay, Ontario.  As a result, various members of the Macro team will be batting leadoff and writing the Early Look throughout the week.  So, rather than just the McCullough fastball coming at you every morning, this week you will get an opportunity to see some other pitches from the Hedgeye Research Bullpen.
Sandy Koufax at his prime was one of the best pitchers the game of baseball has, and perhaps ever will, see on the mound.  He played his entire career with the Brooklyn / Los Angeles Dodgers.  The peak of his career was from 1961 to 1966.  In that period, Koufax won three unanimous Cy Young Awards (the first three time winner in baseball), he pitched four no hitters (the first pitcher in baseball to do so), and on September 9, 1965 he became the sixth pitcher in the modern era to throw a perfect game.
Then in 1966, at 30-years old, after pitching in the Major Leagues for only nine years, Sandy Koufax retired. Many baseball pundits called it premature, but Sandy knew the truth.  He was out of bullets.
As I contemplate the economic leadership of the country, primarily Chairman Bernanke and Secretary Treasury Timmy Geithner, I have no doubts that they are smart men and have had some good seasons in their careers. Their challenge now, of course, is to play the game in front of them.  While 0% interest rates for an extended period is an interesting experiment, akin to playing around with the knuckleball in practice, it is not indicative of a Perfect Policy Game.
Chairman Bernanke gave us a bit of an inside look at his next pitches on Friday when he stated the following in his speech:
“Notwithstanding the fact that the policy rate is near its zero lower bound, the Federal Reserve retains a number of tools and strategies for providing additional stimulus. I will focus here on three that have been part of recent staff analyses and discussion at FOMC meetings: (1) conducting additional purchases of longer-term securities, (2) modifying the Committee’s communication, and (3) reducing the interest paid on excess reserves. I will also comment on a fourth strategy, proposed by several economists–namely, that the FOMC increase its inflation goals.”
The Chairman indicated he would only use the additional policy bullets above if the U.S. economy slowed further and that he is expecting the U.S. economy to pick up in 2011.
The economic view from Hedgeye remains quite divergent from Chairman Bernanke’s.  We are pretty sure we couldn’t see a Koufax fastball, and we definitely don’t see an economic recovery in 2011.  The implications of Bernanke’s hope for a recovery in 2011 being wrong is the likelihood of more monetary pitches being thrown at the U.S. economy.
Unfortunately, we aren’t sure we have the right pitchers on the mound.  As Sandy Koufax said:
“A guy that throws what he intends to throw, that’s the sign of a good pitcher.”
One good metric for evaluating the economic leadership and their ability to know what they are pitching is the unemployment rate.  In the chart below, we’ve highlighted the unemployment of the G-7 over the past three years.  In order to further emphasize this point, we’ve highlighted directly below the increase (a positive number), or the decrease (a negative numbers), of unemployment for these nations over the past three years:
-          Canadian unemployment increased by 1.9%;
-          French unemployment increased by 1.7%;
-          German unemployment decreased by (1.3%);
-          Italian unemployment increased by 2.0%;
-          Japanese unemployment increased by 1.6%;
-          U.K unemployment increased by 2.5%; and
-          U.S. unemployment increased by 4.9%.



EARLY LOOK: No more Bullets - chart1



The scoreboard obviously doesn’t lie.  The score as it relates to the one critical factor of unemployment suggests that the economic leadership team of the United States needs to go down to the minors for some seasoning to work on their ability to hit the strike zone.  Most disconcerting, of course, is that one core objective of the stimulus plan was to offset an increase in unemployment.  When we see unemployment set to accelerate and government debt growing, it’s pretty clear our pitchers in Washington “didn’t throw what they intended.”
The one key takeaway from Chairman Bernanke’s speech should be that he remains somewhat naïve about how much the U.S. economy has slowed, and its ability to regain trend line growth.  But even if he does find economic faith and begin to understand the economic reality of the United States, the fact remains, the Chairman’s out of bullets.
Daryl G. Jones
Managing Director


When we get the August detail later this week, the numbers will show volume share erosion.  The pressure should continue.



We’ve written a lot recently about the diverging market share trends of some of the Macau participants, particularly Wynn and MPEL.  Hold percentages can fluctuate significantly month to month and we are pretty sure hold had a big impact in August.  However, at least for Wynn, there is a little more at play here and it is worth watching.


We should get the August monthly detail sometime later this week, which should show inadequate gaming volume growth from the opening of Encore.  Combined with the low hold percentage we wrote about last week, disappointing relative volumes will contribute to another month of sub 14% market share. 


The following chart shows Wynn’s monthly market share in Macau over the last two years.  Following the mid-April opening of Encore, market share peaked at 17.4% in June but dropped precipitously to 15.0% in July.  Most of that was hold but a potential sign of trouble emerged; some of the decline was also volume related as Rolling Chip share declined 60bps sequentially.




August will magnify that theme and that’s the part that should trouble investors.  We think Wynn’s RC volume share stays low and possibly falls from July.  So what’s going on?  In July, it looked like Galaxy and MPEL were a little more aggressive in compensating the junkets.  That may have continued this month but we think the bigger thief may actually be MGM.  Apparently, a big Wynn VIP operator, “David Star”, opened up at MGM and may be moving some business over there.  This would undoubtedly be the work of the new head of VIP ops, Mr. Kwong, who doesn’t officially start until September but is on site already.  As we’ve written about, Mr. Kwong is a top line guy focused on stealing VIP business.  With Wynn right next door with a huge junket business, the opportunity is there.


In addition to a heightened MGM VIP effort, Wynn is at risk from LVS.  LVS has said publicly that they will be ratcheting up efforts to grow VIP share.  To our knowledge, that effort has not yet begun.  With MGM already making headway and LVS soon to try, look for the narrative to turn to Encore and its seemingly lack of incremental contribution.

Attention Students...

Get The Macro Show and the Early Look now for only $29.95/month – a savings of 57% – with the Hedgeye Student Discount! In addition to those daily macro insights, you'll receive exclusive content tailor-made to augment what you learn in the classroom. Must be a current college or university student to qualify.


The Macau Metro Monitor, August 30th 2010



Sands' Acting CEO Leven still hopes to open sites 5 & 6 before 4Q 2011 as "there is much we can do to catch up."  Sands has warned that the delayed opening  will only be viable “once we have sufficient labor to ramp up our construction activity to requisite levels”.



Shuen Ka Hung, the director of the Labour Affairs Bureau said, "If the worker thinks the conditions that the employer is offering them are not sufficient or if they feel they are being mistreated, they can always go back to their homeland to find another job."  Mr. Shuen said that the Macau government believes it is possible for both the employers and the workers representatives to reach a “basic consensus” over the imposition of a minimum salary, which would include imported workers, in Macau by next year.


The Monetary Authority of Singapore, the Ministry of Finance and the Ministry of National Development said in a joint statement that the government will introduce three new measures to "temper sentiments" in the private property market and "encourage greater financial prudence among property purchasers." The new measures are: 1) raising the holding period of the seller's stamp duty from one to three years; 2) LTV limit for those with more than one outstanding housing loan will be lowered from 80% to 70%; 3) minimum cash payment increased from 5% to 10%.  Singapore’s property market would form a bubble if the current momentum continued, said Mah Bow Tan, Minister of National Development.  The measures will take immediate effect on August 30.


Meanwhile, Prime minister Lee said Singapore would limit its number of foreign workers to a third of the working population. About 80,000 foreign workers will be added in 2010, fewer than the 100,000 estimated earlier, he said.  Mr. Lee also said the two IRs have helped add 20,000 jobs and will contribute tax revenues to the government's coffers.

R3: NKE, PSS, Barefoot Running, and more…


August 30, 2010


Bold move by Nike in securing automatic lacing patent – remember the ‘Air McFly’ in Back to the future? Anecdotes on Sperry and Saucony remain positive. Real estate price divergences are becoming a reality.





- Price disparity between high-end real estate locations and just about anywhere else continues for retailers. While some management teams have waited for rates to drop at A center locations, the reality is that elevated prices are likely to persist. J.Crew CEO Mickey Drexler surrendered that his team has “now accepted that” as the company looks to ramp store growth. On the other hand, B and C locations remain highly flexible to negotiations.


- Building on the success of its initial Kardashian launch, BEBE highlighted that inventory investment doubled for the second line in April, which continues to sell through at a similar rate. With the third line coming in September, stakes are even higher with the line now expanding beyond dresses to include sportswear layering product (i.e. pants, shirts, jackets, etc.).


- Add another layer to the deep discount value store hierarchy with Goodwill now looking to expand its footprint. Management recently commented that they expect to open five stores a year until 2014 – a noteworthy commentary for landlords given the higher than average traffic these stores typically generate.


- In a society increasingly demanding of instant gratification, it was only a matter of time before designers started offering lines straight off the runway - Burberry just happens to be the first. As part of its Prorsum collection to be shown in New York on September 13th, consumers willl be able to purchase select merchandise online and receive it within just 6-8 weeks. With online and mobile retail purchasing on the rise, you can expect designers to pick up on this trend quickly. 






Nike Secures Automatic-Lacing Patent - Nike Inc. has secured a patent with the World Intellectual Property Organization for "automatic lacing system." Many stories circling around the Internet linked the product to the footwear worn by Michael J. Fox's character Marty McFly in the 1989 film "Back to the Future II." <>

Hedgeye Retail’s Take: We kid you not – take a look at the illustration from the patent application below as well as these prototype demos for kicks. Perhaps it’s a bit ironic with Nike’s CEO Mike Parker on the September cover of FastCompany magazine titled “The World’s Most Creative CEO”. Either way, these “Air McFlys” are the latest example of just how deep the Beaverton brain trust runs. While some may argue this takes innovation to the extreme, you don’t get dubbed “the most creative” without taking bold shots from time to time.


R3: NKE, PSS, Barefoot Running, and more… - 1


R3: NKE, PSS, Barefoot Running, and more… - 2 



Key Items Out of Atlanta Shoe Market - After a slow summer season, retailers at the Atlanta Shoe Market, held Aug. 13-15, told Footwear News they were depending on must-have items to propel sales in the coming season and into next spring. Todd Hill, VP of Hills Shoes in Cana, Va., noted that he was sticking with current bestsellers, such as Merrell, for spring ’11. Likewise, Saxon Shoes of Virginia, is going deeper with customer favorites such as The North Face which has been a big sales driver in the fall with boots and backpacks. Vibram FiveFingers and Sperry Top-Sider were two other brands that were high on retailers’ wish lists in Atlanta, though several buyers complained that Sperry was only accepting future orders due to overwhelming demand. <>

Hedgeye Retail’s Take: Isn’t it amazing how Sperry is truly on fire, but no one really gives a hoot? Ditto for Saucony. We’ll have a PSS note out later today that adds context.


OR Panel Weighs In On the Barefoot Craze - As performance product continues to ignite the athletic footwear market, execs are betting that consumers are willing to pay more for less, according to a panel of experts at the Outdoor Retailer show, moderated by Footwear News. Their take: Barefoot, minimalistic and lightweight footwear styles are leading the running market, re-engaging consumers and spurring interest in running. “I’ve been selling shoes for 17 years, and I’ve never seen a movement like this, where people are so interested in how to run,” said Christopher Peake, director of performance for Henderson, Nev.-based Zappos Merchandising Inc., part of There’s been a lot of marketing, especially in the toning and the wellness market, that has really driven consumers to come to these categories. The book “Born to Run” and the adoption of Vibram FiveFingers by a much wider population really kicked things off in a big way last summer. And with the recession, there were a lot of people scaling back to basics, stripping things down and thinking about products differently. <>

Hedgeye Retail’s Take: This statement is both comforting and ridiculous at the same time. First off, what is currently being billed as a ‘toning shoe’ does NOT, I repeat DOES NOT teach you how to run. On the flip side, Born to Run is an exceptional book, and it truly is a motivator for us to run the way mother nature intended. Barefoot running definitely works – a few thousand years of our ancestry can prove that. I’m surprised Nike hasn’t made a bigger push with its ‘Free’ technology, which was designed to mimic barefoot running. Keep your eyes peeled there. 


Shoemaking Gradually Shifts to Eastern Europe as Costs Hike - Due to hiking production costs, Austria’s footwear production dropped by 20% to 1.8 million pairs in 2009, with shoemaking companies beginning to transfer their production to mostly Eastern Europe. <>

Hedgeye Retail’s Take: In light of EU anti-dumping measures on China expiring earlier this year expect this trend to continue as the competitive environment gets increasingly more challenging for domestic manufacturers who have historically exported ~70% of footwear to Eastern European countries.


Watch Maker Cartier Files More Lawsuits Against Web Sites - Three weeks after suing private sales site, Cartier set its sights on two other flash Web sites. The company alleged that ILS Holdings LLC and Swiss Watch International Inc., owners of and, sold “refurbished and/or damaged” Cartier watches. The watchmaker said the defendants did not disclose to their customers that the products were not backed by Cartier’s manufacturer’s warranty. The plaintiffs seek injunctive and monetary relief. <>

Hedgeye Retail’s Take: Reminiscent of Tiffany’s battles with eBay over authenticity, the threat of brand dilutive activities online has unfortunately become the price of business for luxury retailers. With little help from the government policing counterfeit product, efforts to curb disingenuous online activity will remain squarely on the shoulders of the retailers looking to maintain brand integrity.


Sears Looks to Enhance its Online Shoe Offering - The retailer has just launched the Sears Shoe Experience website, where consumers can make purchases and get trend advice in the fashion, kids’, fitness and work categories via blogs hosted by Among the features on the site is a personal shoe-shopper program, where customers can receive personally selected shoes within 24 hours. The retailer also is tapping into social media on Facebook, Twitter, YouTube and Vimeo.  <>

Hedgeye Retail’s Take: Better known for selling appliances, Sears is the latest mass-merchant looking to capture a piece of the footwear business as Wal-Mart reduces its involvement. Not the most likely benefactor, but a sizeable one worth watching…


TJX Blames Buying Problems For Slump - TJX Companies, owner of off-price retailer TK Maxx, has blamed a “delayed transition” to spring 10 product for a slowdown in UK sales. <>

Hedgeye Retail’s Take: This is only the beginning - expect ‘transition/distribution’ delays to be the scapegoat du jour on Q3 calls.


Oriental Trading Files For Bankruptcy - Oriental Trading Co. Inc. is seeking Chapter 11 protection to reorganize debt. The retailer, which sells party and school supplies, crafts and gifts, has accumulated loans of nearly $272 million. Oriental Trading, which operates such e-commerce sites as and, didn’t list specific totals of its assets and debts. But the court filing does reveal that Oriental Trading owes significant amounts to its lenders and several key e-commerce and delivery companies. <>

Hedgeye Retail’s Take: This is notable for the simple fact that it’s been a while since we’ve seen a retailer file.


The Finish Line Reduces Page Load Times by 50% - The Finish Line Inc., an online retailer of athletic shoes, has reduced page load times by 50% after implementing the Dynamic Site Accelerator from Akamai Technologies Inc. The technology makes web pages load faster by relying on web servers located across the country and world. For instance, a server located in Boston would deliver site data to consumers in that area, while servers located on the West Coast would handle shoppers there. <>

Hedgeye Retail’s Take: With spending primarily in back-end capabilities over the last few years, the company is shifting investments toward improving consumer facing, front-end functionality. FL, take note.


Zara to Sell Online Commencing Next Week - Zara is finally hoping onto the e-commerce bandwagon to be selling online to countries including France, Germany, Italy, Portugal, Spain, and the UK starting September 2. <>

Hedgeye Retail’s Take: For a company known for lightning quick product turnaround, it’s hard to believe they’re just stepping into the world of e-commerce. With less than 50 stores in the U.S. this could prove disruptive for domestic fashion retailers indeed.


Children's Footwear Trend: Nautical - Nautical looks have sailed back into the kids’ market. Sandals, sneakers and ballet flats with anchor motifs, rope trims and classic color palettes of red, white and blue will have girls looking ship-shape next spring. <>

Hedgeye Retail’s Take: Good for Sperry/PSS.


R3: NKE, PSS, Barefoot Running, and more… - 3



Last week, 7 of the 8 risk measures registered negative readings on a week-over-week basis and one was positive.  A summary table is shown at the top.


Our risk monitor looks at the following metrics weekly:

1. CDS for all available US Financials (29 companies)

2. CDS for large European Financials (39 companies)

3. High Yield

4. Leveraged Loans

5. TED Spread

6. Journal of Commerce Commodity Price Index

7. Greek Bond Spreads

8. Markit MCDX




1. Financials CDS Monitor – Swaps were mostly negative last week.  Swaps widened for 24 of the 29 reference entities, while only 5 tightened.    Conclusion: Negative.


Widened the most vs last week: BAC, WFC, SLM

Tightened the most vs last week: CB, TRV, AON

Widened the most vs last month: BAC, WFC, AXP

Tightened the most vs last month: PRU, CB, MBI




2. European CDS Monitor – In Europe, swaps for 34 of the 39 reference entities widened and 5 tightened.   Conclusion: Negative.


Widened the most vs last week:  Hannover Rueckversicherungs, Assicurazioni Generali, Aviva

Tightened the most vs last week: Investor AB, IKB Deutsche Industriebank, EFG Eurobank Ergasias

Widened the most vs last month: Hannover Rueckversicherungs, Assicurazioni Generali, Aviva

Tightened the most vs last month: DnB NOR, Investor AB, Svenska Handelsbanken




3. High Yield (YTM) Monitor –High Yield rates rose 4 bps last week. Conclusion: Negative.




4. Leveraged Loan Index Monitor – The leveraged loan index fell 2 points last week.  Conclusion: Negative.




5. TED Spread Monitor – Last week the TED spread continued to fall, closing at 16 bps versus 18 bps the prior week. Conclusion: Positive.




6. Journal of Commerce Commodity Price Index – Last week, the index fell 3 points, closing at 9.16. This series last crossed zero on August 12th, 2008.  Conclusion: Negative.




7. Greek Bond Yields Monitor – We chart the 10-year yield on Greek bonds.  Last week yields rose 70 bps, ending the week at 1145 bps versus 1075 bps the prior week.  Greek bond spreads are now just 84 bps off of their crisis-period highs in May 2010, when spreads topped out at 1229 bps. Despite an absence of media coverage, the market remains concerned with the prospect of a sovereign default. Conclusion: Negative. 




8. Markit MCDX Index Monitor – The Markit MCDX is a measure of municipal credit default swaps.  We believe this index is a useful indicator of pressure in state and local governments.  Markit publishes index values daily on four 5-year tenor baskets including 50 reference entities each. Each basket includes a diversified pool of revenue and GO bonds from a broad array of states. Our index is the average of their four indices.  Spreads rose last week, closing at 225 last Thursday versus 220 the prior Friday.  Pricing data was not available for last Friday.  Conclusion: Negative.




Joshua Steiner, CFA


Allison Kaptur


Enter your email address to receive our newsletter of 5 trending market topics. VIEW SAMPLE

By joining our email marketing list you agree to receive marketing emails from Hedgeye. You may unsubscribe at any time by clicking the unsubscribe link in one of the emails.