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APRIL 2009 QUARTERLY REVIEW & OUTLOOK
                                         PACIFIC INCOME ADVISERS
                    1299 Ocean Avenue, Second Floor Santa Monica, California 90401 Telephone: (310) 393-1424 ▲ www. PacificIncome.com




T        he world, or certainly the United States has                     think of one person I would like to see in an orange
         entered the “Anger” phase of the grieving                        jumpsuit with matching stainless steel bracelets.
         and mourning process for the losses and
                                                                          Admittedly, there is plenty of blame to go around.
indignities we have all suffered during this financial
                                                                          Credit rating agencies are near the top of my list.
crisis. The losses have been enormous -- almost hard
                                                                          Paid by the issuers of debt and other obligations,
to fathom. Losses in the value of our homes and
                                                                          they have an inherent and insurmountable bias.
our portfolios; losses of freedoms and flexibility;
                                                                          Rating agencies took issuers’ assumptions as gospel,
losses of the ability to retire or support oneself;
                                                                          and gave virtually every security their highest rating.
losses of a job, a home, the ability to send a child to
                                                                          While there were only five corporations that had
college; losses of confidence and trust; and,
importantly the loss of our sense
                                                                            CPI – Inflation
of invulnerability, a loss of our
belief that we were on the right
                                                                          January 1995 to Present
track,     and     that    financial
                                                                                    Source: Bloomberg Data Systems
engineering was part of the 6.0%
solution. With the tally of losses
being so incalculable, it is easy to 5.0%
see why we must go through a
grief and mourning process, just 4.0%
as if we had lost a loved one.
                                       3.0%
The Anger stage manifested
itself in our desire to blame 2.0%
someone, anyone, for the pain
we are suffering. Not only do we 1.0%
                                                                                                        Last Report Was Negative
not want to pay bonuses to
                                       0.0%
employees of banks and financial
institutions that must have
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caused our misery, we have also                                                                                                                      Chart #1
threatened to retroactively tax
those miscreants who might have been fortunate                            previously earned the highest credit rating, the
enough to receive a bonus in 2008. How dare they                          vaunted Triple-A (four now that GE has been
get a bonus when I am suffering, and they have                            downgraded), every bond backed by mortgages, no
                                                                          matter how risky, was able to receive a Triple-A
surely caused my pain!
                                                                          rating as long as there was some extra collateral
The blame game is an easy one to play. Anyone
                                                                          there to help absorb losses. Rating agencies are part
doing well in this environment must be doing
                                                                          of the problem, and unless their business models
something counter to the needs and desires of
                                                                          change, they will continue to be part of the
society at large. The blame game does not help
                                                                          problem.
anyone, and yet it is so compelling that I must take
a moment to vent some of my frustration at those                          I also find plenty of blame for those witless buyers
who deserve the greatest and loudest Bronx cheer,                         who claim to “not understand the obligation” they
or worse, for causing us so much pain. In fact I can                      were getting themselves into. How dare you sign a
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
multi-hundred thousand dollar contract without                                             mandate reserve requirements for life, health,
understanding! Push the stop button and ask                                                property, auto, and other insurance products,
questions. It is, after all, your home, and your life                                      there were no requirements for AIG to hold any
you have signed away. We can also blame the easy                                           reserves against the potential liabilities created by
                                                                                           these instruments. When Lehman went bankrupt,
money available to make loans to those whose only
                                                                                           holders of these CDS insurance products received
ability to repay was based on a pulse that was
                                                                                           only 28 cents for every dollar of insurance they
greater than zero. We can also blame Wall Street
                                                                                           thought they had. What kind of actual protection is
firms that made hay issuing these loans and then
                                                                                           this if the first bankruptcy pays only 28 cents? What
selling pools of those loans to investors who did not
                                                                                           happens if there are several bankruptcies? Will there
do their own homework, and instead based their
decisions on the Cliffs Notes issued by credit rating                                      be any money to pay off in the event of catastrophe?
agencies. All share blame. We did not get into this
                                                         Some of the “odd” features of the CDS market are
                                                                            that there are no limits to how
                       Money Supply (M1)                                    much insurance can be issued,
                                                                            and no requirement that you
                   Annual Percent Change                                    hold any of the securities you
                   December 1975 to Present                                 are attempting to insure
                          Source: Bloomberg Data Systems
                                                                            against loss. For example, if a
                                                                            company has $1 billion of debt
   20%
                                                                            outstanding, the amount of
                                                                            insurance that could be written
   15%
                                                                            to protect against a default of
                                                                            that $1 billion of debt remains
   10%
                                                                            unlimited. It is conceivable for
    5%
                                                                            there to be $10 billion or more
                                                                            of insurance outstanding. AIG
    0%
                                                                            was happy to write more
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   -5%                                                                      insurance because they did not
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                                                                            really think they would ever
  -10%
                                                                            really have to pay, and they did
                                                                   Chart #2 not properly reserve against the
                                                                            potential loss they had insured.
situation without a cascade of events that created a What a great business, and a huge profit center for
perfect storm.                                           them! An investor seeking insurance did not even
My nominee for the poster child of excess is none have to own the underlying security to purchase
other than the Notorious AIG (with apologies to insurance. That is akin to me buying insurance on
the rapper with a similar name), the large insurance your home. Don’t mind me if I play with matches
company. Credit Default Swaps (CDS) were issued behind your garage; after all, I have every incentive
by the unregulated part of Notorious AIG, and an for your house to catch fire. Try insuring a car that
investor could purchase CDS that were designed to is not registered in your name. It is impossible
protect them against the risk of a default of any because you do not have an “insurable interest.”
number of questionable securities issuers. Sadly, Yet, I can buy insurance protecting me against the
there was no regulation of the CDS market. The default of a security whether or not I own that
lack of any regulation allowed AIG and other CDS security. Does anyone else think something is wrong
                                  Despite rules that with this picture?
issuers to “self-regulate.”
Page 2
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
Don’t get me wrong. I understand that some strategic thinking to be involved in the details of
investors have made huge profits speculating that each and every division. The buck must stop
the prices of various securities would decline. Short somewhere, and that somewhere is ultimately the
selling is one method for profiting from a decline in executive suite.
the price of a particular stock. While we do not sell Banks, financial institutions, hedge funds and other
short for our clients, we do recognize this as a viable investors have utilized the CDS market to help
strategy. However, the number of shares that are reduce risks. This is the primary reason why AIG is
sold short cannot be greater than the number of considered too big and interconnected to fail.
shares of stock that exist. Additionally, investors Where was the government regulation that
using the options market to speculate on the decline prohibited any firm from getting too big to fail?
of the price of a particular security through the
                                                        Regulation for regulation sake is not inherently
purchase of put options have
                                                                              good, but preventing systemic
position limits that prohibit
                                                                              failures and mitigating risks
them from taking a position Some of the “odd” features of
                                                                              are why we require some
that is too large relative to the
size of the entire company. the CDS market are that there
                                                                              government regulations.
                                     are no limits to how much                So Notorious AIG sold CDS
There were no limits on the
size of the CDS market for insurance can be issued, and no insurance                         to     financial
                                                                              institutions across the globe,
any particular issuer.
                                   requirement that you hold any and the U.S. Government has
Even without regulation, AIG,
                                       of the securities you are              determined that a failure of
being the largest insurance
                                    attempting to insure against AIG would cause ripples to                 of
company in the world, should                                                  damage so severe as
                                     loss... An investor seeking
have had some idea about the                                                  threaten the entire world
reserves that should have been
                                   insurance did not even have to financial system.                      Our
maintained to support the                                                     government      has    invested
                             they own the underlying security to hundreds of billions of dollars
potential     liabilities
                                    purchase insurance. That is to prevent a financial system
insured.       It is certainly
possible that a natural disaster
                                  akin to me buying insurance on failure. If, however, we
is so great as to cause an
                                                                              consider that CDS insurance
                                                your home.
insurance company with
                                                                              was really a fraud, sold with
ample reserves to deplete its
                                                                              the knowledge that there was
resources, and perhaps even fail.            But the
                                                        no inherent ability to meet the potential liabilities,
management of AIG permitted risks so large that it then why should we not recognize it for what it is?
put the entire firm in jeopardy.                        Investors who used Bernard Madoff to manage their
Management is also responsible for agreeing to portfolios were told that the firm was a large fraud,
contracts to pay employee bonuses regardless of the and they have lost everything. How much different
profitability of the employee, the division, or the is the potential fraud that AIG perpetrated on the
entire company. It is easy to consider the hapless financial system at large?
employee who is getting a bonus while the rest of us As much as I would like to see the former chairman
suffer as part of the problem. Surely, however, it is of AIG in an orange jumpsuit, I also must recognize
the management of the firm that agreed to those that anger is just one phase of my mourning process.
contracts, and did not even consider the idea that It is time to move on to depression, resignation, and
people would be paid in years when their division or then acceptance. Our problems are serious, and
the entire firm was not profitable. I do not buy the serious actions are necessary to prevent the systemic
excuse that the chief executive is too busy with
                                                                                                        Page 3
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
failures that threaten us. America and the rest of the   from banks. Bidders will have access to non-
world can only move forward by working together to       recourse loans from the Federal Deposit Insurance
find solutions to our crisis. At the peak of the         Corporation (FDIC), and each dollar of equity
                                                         invested by the partnership will be matched by a
Great Depression there were only 16 Republican
                                                         dollar of equity from the Federal Government. Let
senators remaining in the Senate. The Democrats
                                                         us say, for example, that a bidder seeks to buy a
were so successful in pinning blame for the
                                                         package of loans from a bank that has a face value of
economic crisis on the Republicans that the GOP
                                                         $100 million. The bidders agree to pay $70 million
was virtually trivialized. Politicians, regardless of
                                                         for this package. Of that $70 million, the bidder
their party affiliation, must work together to find
                                                         would need to put up $5 million of its own money,
solutions. We simply cannot tolerate partisanship
                                                         and they would receive another $5 million of equity
for the sake of trying to regain power. We must try
                                                         from the TARP. The remaining $60 million of the
to regain our financial footing first and foremost.
                                                         purchase price would come from a loan from the
A 12- STEP PROGRAM                                       FDIC. In this example, the investor and the
In addition to the regular tools of fiscal and           government share losses on the first $10 million.
monetary policy, this administration and the one
that preceded it have come up
                                             CAPACITY UTILIZATION
with a significant number of
programs to prevent our
                                                 Januuary 1967 to Present
current financial crisis from
becoming Great Depression 90.0
II, the sequel.          Those
programs are far reaching, 85.0
and will most certainly help
alleviate the existing malaise.
                                   80.0
Among the steps taken
include the following:
                                   75.0
1.     Troubled Asset Relief
Program (TARP) – This is the 70.0
original     rescue    package                                           At a Multi-Decade Low
championed        by    former 65.0
Treasury Secretary Paulson
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which provided $700 billion
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to help rebuild liquidity for
                                                           Source: Bloomberg Data Systems         Chart #3
the banks. Fears that banks
have taken funds but are not lending are generally
unfounded. The largest banks are making loans. They also share any potential profits equally, while
Unfortunately, the loss of the credit available the FDIC receives interest and repayment on its
through secondary sources such as loan brokers loan.
overwhelms the amount of lending being completed (Sadly, the government has effectively soiled itself by
by the banks. Details were non-existent, until the mandating limits on compensation paid to bank
current Treasury Secretary provided greater visibility executives who have taken TARP funds. Those
on how this might work through the PPIP.               limitations have caused potential bidders to worry
2. Public – Private Investment Partnership (PPIP) that they will also be asked to reduce their
- Bidders are encouraged to try to buy troubled assets compensation if they are successful and make
Page 4
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
significant profits through their PPIP investments. consumers. This spending includes reductions in
Citibank employs 323,000 employees. Do we tax withholding, and people will see the benefit of
really care how much money the management those plans beginning in their paychecks in early
team makes if they lead Citibank back to April.
profitability? How much tax will a profitable 5. Increases in FDIC Deposit Insurance - The
Citibank pay? The government argues that there are
                                                       government temporarily increased the available
huge numbers of effective government employees
                                                       deposit insurance to $250,000 from $100,000. This
willing to work for a fraction of the pay historically
                                                       prevented a run on the banks because people were
offered by large financial
                                                                           comforted by the government
institutions.      Those same
                                                                           insurance on their savings, and
government employees failed to
                                                                           did not feel the need to remove
find the fraud perpetrated by This administration and the
                                                                           their funds.
                                       one that preceded it have
Bernard Madoff, even as
                                                                           6. Commercial Paper Funding
whistle-blowers screamed about
                                      come up with a significant Facility                 (CPFF)-       The
numerous telltale signs that
                                        number of programs to              government        provided       a
Madoff could not legitimately
provide the returns he had prevent our current financial backstop                        to    issuers    of
                                                                           commercial paper.           This
been “generating.”            The
                                     crisis from becoming Great prevented the failure of
government will need to find a
                                      Depression II, the sequel. companies that rely on short-
way to ensure that participants
                                                                           term funding for their survival.
                                        Those programs are far
in the PPIP will not be
penalized retroactively, and                                               7.      Temporary Guaranty
                                        reaching, and will most
trust will need to be regained                                             Program for Money Market
                                      certainly help alleviate the Funds (TGP for MMF) – The
for this program to be
                                             existing malaise.
successful.)                                                               government has also decided to
                                                                           guarantee all money market
3.       Term Asset Backed
                                                                           funds. This was also designed
Lending Facility (TALF) - The market for securities
that represent pools of loans such as automobile to prevent runs on banks caused by losses of
loans has dried up. The TALF plan is designed to confidence.
provide liquidity to the system so that loans can 8.        Temporary Liquidity Guarantee Program
once again be packaged and sold. These loans will (TLGP) – The government has agreed to guarantee
be financed by the Federal Reserve Bank of New new debt issued by financial institutions to provide a
York. The first sales under the TALF program were facility for these institutions to raise additional
completed in late March, and while they were small funds. These guarantees continue for all debt issued
compared to the size of that market more than a year through the end of 2009 with maturities through
ago, they were successful, and there is hope that the June 30, 2012.
securitization of loans will be brought back to life.
                                                       9. Primary Dealer Credit Facility (PDCF) –
4. American Recovery and Reinvestment Act of Following the failure of Bear Stearns, the Fed
2009 - The government is providing more than $800 decided to permit investment banks to have access to
billion in spending to help prevent the economy short-term funding through the Fed’s discount
from getting worse. While some people do not window. While many believe that access to the
believe that enough has been done, or that the right discount window might have prevented the failure of
things are being done, the fact remains that Bear Stearns, the facility is now available to prevent
spending $800 billion will replace some spending further institutional failures.
that was previously made by businesses and
                                                                                                       Page 5
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
10. Federal Reserve to Purchase Treasury Bonds          more? Are we just exacerbating the problem?
to Provide Liquidity – The Fed has indicated its
                                                        The most commonly heard criticism of the
willingness to purchase treasury bonds in the open
                                                        government’s actions is that such an enormous
market to provide liquidity and encourage interest
                                                        expansion of the Fed’s balance sheet must cause
rates to fall. Lower interest rates should permit
                                                        inflation. Inflation is currently quite low, as shown
more homeowners to refinance their existing
                                                        in Chart #1. The Nobel Prize winning economist
mortgages to reduce payments.                           Milton Friedman is frequently quoted as saying
                                                        “Inflation is always and everywhere a monetary
11. Government Plans to Encourage Financial
                                                        phenomenon.”         The implication is that the
Institutions To Restructure Existing Mortgage
                                                        monetary expansion used to fund the myriad of
Debt – By working with banks and homeowners to
reduce mortgage payments to a specific percentage of    programs will cause inflation, and that this monetary
total income, it is hoped that fewer people will lose   inflation will also manifest itself in a declining value
                                                        of the U.S. dollar as inflationary pressures build.
their homes through foreclosure.
                                                        Growth of the money supply is shown in Chart #2
12. There are many other programs that officials
have put in place to prevent the failure of more The causes of consumer price inflation (CPI) are
financial institutions. Accounting rules are being difficult to quantify, and there is some consensus
changed to reduce the pressure exerted on banks that increases in CPI are caused by increases in
and financial institutions to incur losses on labor costs, and by a lack of excess capacity in our
securities held on their balance sheets. Short-selling ability to manufacture goods. Capacity utilization is
rules are also                                                                          shown in Chart
being changed to                                                                        #3. Recognizing
reduce the ability                                                                      that we disagree
of speculators to It may, however, be time to consider that all the with                          Professor
drive share prices                                                                      Friedman at our
endlessly lower. bad news is out. Companies are reporting weak own peril, we do
                       earnings for the first quarter of 2009, but stock not believe that
In           recent
testimony, both prices so far have been able to absorb the bad news labor costs will be
the       Treasury                                                                      rising any time
Secretary and the without swooning. The fact that we have been in soon.                             Factory
                        recession for 16 months indicates that a weak
Federal Reserve                                                                         utilization rates
Chairman have                                                                           are at multi-
                                     economy is not new news.
indicated       they                                                                    decade         lows,
will do everything                                                                      indicating      that
within         their                                                                    factories        can
power to prevent additional financial institution increase production for many years before creating
failures. (One critic suggested these programs be inflationary pressures. Companies do not have any
renamed Bank Asset Reliquification Facility, with pricing power, anywhere. The idea that inflation
the appropriate acronym, BARF.)                        will return is valid, but expecting it to occur in
There are many criticisms of the government’s 2009, or even in 2010, seems quite remote to us.
efforts to prevent this economic crisis from            The same may be true of the U.S. dollar. In the
                                                        land of the blind the one-eyed man is King. The
becoming more severe. One appropriate criticism
                                                        dollar may succumb to inflationary pressures and fall
is the fact that the government is trying to borrow
                                                        in value. However, this credit crisis is a global
its way out of a debt bubble. Is the way to help a
system burdened with too much debt to borrow            event, and other nations are facing similar difficult

Page 6
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
                                                        economy is not new news. Corporations have very
choices: try to inflate your way out of this mess, or
                                                        little visibility in their business looking into 2009,
languish with sub-par growth for many years, or
even decades, as have the Japanese. It is hard to       but earnings estimates are already down by 50%, so
make the case for a strong dollar in the face of rising weak corporate earnings can no longer be
inflationary pressures that are likely over the next    considered a surprise to anyone.                     Yes,
few years, but it is even harder to find a currency     unemployment continues to climb, but as we have
                                                        pointed out, increasing unemployment reflects what
that is in a materially stronger position right now.
                                                        has already happened, and has been a very poor
There are many reasons to remain negative. Credit
                                                        indicator of whether the economy is beginning to
problems at banks are expanding into credit cards,
                                                                                  bottom, or perhaps even
                                                                                  starting to improve.       The
        Existing Home Median Price                                                weak March employment
                                                                                  report was widely expected,
                  January 1968 to Present
                                                                                  and stocks were able to rally
                         Source: Bloomberg Data Systems
                                                                                  despite the dire news. This
  250
                                                                                  Great Recession is already the
       Year-over-year prices have declined for 31 months
  225
                                                                                  longest since the early 1970s
         in a row. Since 1968, existing home prices had
  200
                                                                                  and is likely to be the longest
       never fallen for more than two consecutive months.
  175
                                                                                  since the great Depression.
  150
                                                                                 The definition of a declining
  125
                                                                                 stock market is one where the
  100
                                                                                 recent lows are lower than the
   75
                                                                                 previous lows. The definition
   50
                                                                                 of a rising stock market is one
   25
                                                                                 where the recent highs are
    0
                                                                                 higher than the previous
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                                                                                 highs. By this definition, the
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                                                                        Chart #4 stock market continues to be
                                                                                 falling. While stock prices
real estate loans, and high quality mortgages. Credit     continued their descent, there have been some very
losses will continue to expand for quite some time.       interesting underlying trends. As the S&P 500
                                                          reached a panic low on October 10th, there were
Home prices continue to fall and the number of
foreclosures continues to expand. Home prices are         6,762 stocks on the New York Stock Exchange
shown in Chart #4. Since most of the problems we          (NYSE) with prices at new 52-week lows. As the
                                                          S&P 500 made a new low on November 21st, only
face resulted from weakness in the housing market,
many market prognosticators believe that housing          3,600 stocks printed at new 52-week lows. More
must bottom before a meaningful bottom can be             recently, as the S&P 500 hit a new 12-year low on
                                                          March 6th, only 1,793 stocks made new 52-week
reached in the financial services sector, and
                                                          lows. This is a very important trend. Despite
ultimately in the real economy.
                                                          lower prices for the stock market index, fewer and
It may, however, be time to consider that all the
                                                          fewer stocks are actually participating in making
bad news is out. Companies are reporting weak
                                                          new lows. At some point the ability of stocks to
earnings for the first quarter of 2009, but stock
                                                          withstand bad news, and stop going down should lay
prices so far have been able to absorb the bad news
                                                          the groundwork for a meaningful bottom that can
without swooning. The fact that we have been in
                                                          lead to higher prices.
recession for 16 months indicates that a weak
                                                                                                           Page 7
APRIL 2009 QUARTERLY REVIEW & OUTLOOK
We mentioned that the stock market hit a 12 year                      By our thinking, the Treasury market remains one of
low in early March. This is important because since                   the most overvalued markets. We do not expect
the beginning of the 20th century there have been                     inflationary pressures to become apparent for several
                                                                      more quarters, but with 10-year interest rates well
only three times in history that stock prices have
                                                                                    below 3%, we find Treasury prices very
                                                                                    susceptible to any increase in inflation.
                                                                                    Corporate bond markets remain far
                                                                                    more attractive relative to the rates
                                                                                    available in the Treasury market, and
                                                                                    high yield markets remain very
                                                                                    attractively priced, although the
                                                                                    potential for increased credit problems
                                                                                    and defaults suggests some caution is
                                                                                    warranted with regard to high yield
                                                                                    bonds.      For taxable clients, the
                                                                                    municipal bond market, particularly
                                                                                    the California municipal bond market,
                                                                                    remains a very attractive investment
                                                                                    alternative. In our stock portfolios we
                                                                                    continue to favor those stocks that can
                                                                                    survive and thrive in a recessionary
                                                                                    environment. However, we recognize
                                                                      that our clients’ portfolios will soon need to have
retreated to a 12-year low. See the chart above.
                                                                      changes made to reflect prospects for more robust
The first was the period from 1921 through 1932.
                                                                      economic growth over the next several quarters.
The second was 1962 through 1974, and the third
was the last 12 years, 1997 through 2009. In the
                                                                      It is important that we know of any changes in your
first two periods stock prices were materially higher
                                                                      financial situation.     If you are nervous or
in the years that followed. While history does not
                                                                      uncomfortable with any aspect of your investment
repeat itself, it does frequently rhyme, and it may
                                                                      portfolio, or if you simply have questions, we
once again be the case that stock prices could be
                                                                      encourage you to make an appointment for us to get
higher over the next couple of years.
                                                                      together.
Stock prices are forward looking, and have almost
always begun a new advance prior to the end of the                    If you would like a copy of our Form ADV Part II,
recession. While it is entirely possible that the                     free of charge, please contact Robin Campbell at
recession will last through the rest of 2009, it is also              310.255.4469,                        or      at
likely that some modest but overdue economic                          RCampbell@PacificIncome.com.
improvement will be palpable by 2010. Stocks will
                                                                      Bennett E. Gross, CFA
anticipate the economic improvement and should
                                                                      Director of Equity Investments
begin to improve within the next several months. It
is entirely possible that the lows for this terrible                  Marla L. Harkness, CFA
bear market have already been made.                                   Portfolio Manager—Equity Investments


                                          PACIFIC INCOME ADVISERS
                 1299 Ocean Avenue, Second Floor Santa Monica, California 90401 Telephone: (310) 393-1424 ▲ www. PacificIncome.com

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April 2009 Quarterly Review

  • 1. APRIL 2009 QUARTERLY REVIEW & OUTLOOK PACIFIC INCOME ADVISERS 1299 Ocean Avenue, Second Floor Santa Monica, California 90401 Telephone: (310) 393-1424 ▲ www. PacificIncome.com T he world, or certainly the United States has think of one person I would like to see in an orange entered the “Anger” phase of the grieving jumpsuit with matching stainless steel bracelets. and mourning process for the losses and Admittedly, there is plenty of blame to go around. indignities we have all suffered during this financial Credit rating agencies are near the top of my list. crisis. The losses have been enormous -- almost hard Paid by the issuers of debt and other obligations, to fathom. Losses in the value of our homes and they have an inherent and insurmountable bias. our portfolios; losses of freedoms and flexibility; Rating agencies took issuers’ assumptions as gospel, losses of the ability to retire or support oneself; and gave virtually every security their highest rating. losses of a job, a home, the ability to send a child to While there were only five corporations that had college; losses of confidence and trust; and, importantly the loss of our sense CPI – Inflation of invulnerability, a loss of our belief that we were on the right January 1995 to Present track, and that financial Source: Bloomberg Data Systems engineering was part of the 6.0% solution. With the tally of losses being so incalculable, it is easy to 5.0% see why we must go through a grief and mourning process, just 4.0% as if we had lost a loved one. 3.0% The Anger stage manifested itself in our desire to blame 2.0% someone, anyone, for the pain we are suffering. Not only do we 1.0% Last Report Was Negative not want to pay bonuses to 0.0% employees of banks and financial institutions that must have 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja caused our misery, we have also Chart #1 threatened to retroactively tax those miscreants who might have been fortunate previously earned the highest credit rating, the enough to receive a bonus in 2008. How dare they vaunted Triple-A (four now that GE has been get a bonus when I am suffering, and they have downgraded), every bond backed by mortgages, no matter how risky, was able to receive a Triple-A surely caused my pain! rating as long as there was some extra collateral The blame game is an easy one to play. Anyone there to help absorb losses. Rating agencies are part doing well in this environment must be doing of the problem, and unless their business models something counter to the needs and desires of change, they will continue to be part of the society at large. The blame game does not help problem. anyone, and yet it is so compelling that I must take a moment to vent some of my frustration at those I also find plenty of blame for those witless buyers who deserve the greatest and loudest Bronx cheer, who claim to “not understand the obligation” they or worse, for causing us so much pain. In fact I can were getting themselves into. How dare you sign a
  • 2. APRIL 2009 QUARTERLY REVIEW & OUTLOOK multi-hundred thousand dollar contract without mandate reserve requirements for life, health, understanding! Push the stop button and ask property, auto, and other insurance products, questions. It is, after all, your home, and your life there were no requirements for AIG to hold any you have signed away. We can also blame the easy reserves against the potential liabilities created by these instruments. When Lehman went bankrupt, money available to make loans to those whose only holders of these CDS insurance products received ability to repay was based on a pulse that was only 28 cents for every dollar of insurance they greater than zero. We can also blame Wall Street thought they had. What kind of actual protection is firms that made hay issuing these loans and then this if the first bankruptcy pays only 28 cents? What selling pools of those loans to investors who did not happens if there are several bankruptcies? Will there do their own homework, and instead based their decisions on the Cliffs Notes issued by credit rating be any money to pay off in the event of catastrophe? agencies. All share blame. We did not get into this Some of the “odd” features of the CDS market are that there are no limits to how Money Supply (M1) much insurance can be issued, and no requirement that you Annual Percent Change hold any of the securities you December 1975 to Present are attempting to insure Source: Bloomberg Data Systems against loss. For example, if a company has $1 billion of debt 20% outstanding, the amount of insurance that could be written 15% to protect against a default of that $1 billion of debt remains 10% unlimited. It is conceivable for 5% there to be $10 billion or more of insurance outstanding. AIG 0% was happy to write more 1 3 5 7 9 1 3 5 7 9 1 3 5 7 -8 -8 -0 -0 -8 -8 -8 -9 -9 -9 -9 -9 -0 -0 ec ec ec ec ec ec ec ec ec ec ec ec ec ec -5% insurance because they did not D D D D D D D D D D D D D D really think they would ever -10% really have to pay, and they did Chart #2 not properly reserve against the potential loss they had insured. situation without a cascade of events that created a What a great business, and a huge profit center for perfect storm. them! An investor seeking insurance did not even My nominee for the poster child of excess is none have to own the underlying security to purchase other than the Notorious AIG (with apologies to insurance. That is akin to me buying insurance on the rapper with a similar name), the large insurance your home. Don’t mind me if I play with matches company. Credit Default Swaps (CDS) were issued behind your garage; after all, I have every incentive by the unregulated part of Notorious AIG, and an for your house to catch fire. Try insuring a car that investor could purchase CDS that were designed to is not registered in your name. It is impossible protect them against the risk of a default of any because you do not have an “insurable interest.” number of questionable securities issuers. Sadly, Yet, I can buy insurance protecting me against the there was no regulation of the CDS market. The default of a security whether or not I own that lack of any regulation allowed AIG and other CDS security. Does anyone else think something is wrong Despite rules that with this picture? issuers to “self-regulate.” Page 2
  • 3. APRIL 2009 QUARTERLY REVIEW & OUTLOOK Don’t get me wrong. I understand that some strategic thinking to be involved in the details of investors have made huge profits speculating that each and every division. The buck must stop the prices of various securities would decline. Short somewhere, and that somewhere is ultimately the selling is one method for profiting from a decline in executive suite. the price of a particular stock. While we do not sell Banks, financial institutions, hedge funds and other short for our clients, we do recognize this as a viable investors have utilized the CDS market to help strategy. However, the number of shares that are reduce risks. This is the primary reason why AIG is sold short cannot be greater than the number of considered too big and interconnected to fail. shares of stock that exist. Additionally, investors Where was the government regulation that using the options market to speculate on the decline prohibited any firm from getting too big to fail? of the price of a particular security through the Regulation for regulation sake is not inherently purchase of put options have good, but preventing systemic position limits that prohibit failures and mitigating risks them from taking a position Some of the “odd” features of are why we require some that is too large relative to the size of the entire company. the CDS market are that there government regulations. are no limits to how much So Notorious AIG sold CDS There were no limits on the size of the CDS market for insurance can be issued, and no insurance to financial institutions across the globe, any particular issuer. requirement that you hold any and the U.S. Government has Even without regulation, AIG, of the securities you are determined that a failure of being the largest insurance attempting to insure against AIG would cause ripples to of company in the world, should damage so severe as loss... An investor seeking have had some idea about the threaten the entire world reserves that should have been insurance did not even have to financial system. Our maintained to support the government has invested they own the underlying security to hundreds of billions of dollars potential liabilities purchase insurance. That is to prevent a financial system insured. It is certainly possible that a natural disaster akin to me buying insurance on failure. If, however, we is so great as to cause an consider that CDS insurance your home. insurance company with was really a fraud, sold with ample reserves to deplete its the knowledge that there was resources, and perhaps even fail. But the no inherent ability to meet the potential liabilities, management of AIG permitted risks so large that it then why should we not recognize it for what it is? put the entire firm in jeopardy. Investors who used Bernard Madoff to manage their Management is also responsible for agreeing to portfolios were told that the firm was a large fraud, contracts to pay employee bonuses regardless of the and they have lost everything. How much different profitability of the employee, the division, or the is the potential fraud that AIG perpetrated on the entire company. It is easy to consider the hapless financial system at large? employee who is getting a bonus while the rest of us As much as I would like to see the former chairman suffer as part of the problem. Surely, however, it is of AIG in an orange jumpsuit, I also must recognize the management of the firm that agreed to those that anger is just one phase of my mourning process. contracts, and did not even consider the idea that It is time to move on to depression, resignation, and people would be paid in years when their division or then acceptance. Our problems are serious, and the entire firm was not profitable. I do not buy the serious actions are necessary to prevent the systemic excuse that the chief executive is too busy with Page 3
  • 4. APRIL 2009 QUARTERLY REVIEW & OUTLOOK failures that threaten us. America and the rest of the from banks. Bidders will have access to non- world can only move forward by working together to recourse loans from the Federal Deposit Insurance find solutions to our crisis. At the peak of the Corporation (FDIC), and each dollar of equity invested by the partnership will be matched by a Great Depression there were only 16 Republican dollar of equity from the Federal Government. Let senators remaining in the Senate. The Democrats us say, for example, that a bidder seeks to buy a were so successful in pinning blame for the package of loans from a bank that has a face value of economic crisis on the Republicans that the GOP $100 million. The bidders agree to pay $70 million was virtually trivialized. Politicians, regardless of for this package. Of that $70 million, the bidder their party affiliation, must work together to find would need to put up $5 million of its own money, solutions. We simply cannot tolerate partisanship and they would receive another $5 million of equity for the sake of trying to regain power. We must try from the TARP. The remaining $60 million of the to regain our financial footing first and foremost. purchase price would come from a loan from the A 12- STEP PROGRAM FDIC. In this example, the investor and the In addition to the regular tools of fiscal and government share losses on the first $10 million. monetary policy, this administration and the one that preceded it have come up CAPACITY UTILIZATION with a significant number of programs to prevent our Januuary 1967 to Present current financial crisis from becoming Great Depression 90.0 II, the sequel. Those programs are far reaching, 85.0 and will most certainly help alleviate the existing malaise. 80.0 Among the steps taken include the following: 75.0 1. Troubled Asset Relief Program (TARP) – This is the 70.0 original rescue package At a Multi-Decade Low championed by former 65.0 Treasury Secretary Paulson J a -6 7 J a -6 9 J a -7 1 J a -7 3 J a -7 5 J a -7 7 J a -7 9 Ja 81 J a -8 3 J a -8 5 J a -8 7 J a -8 9 J a -9 1 Ja 93 J a -9 5 J a -9 7 J a -9 9 J a -0 1 J a -0 3 Ja 05 J a -0 7 09 which provided $700 billion n- n- n- n- n n n n n n n n n n n n n n n n n n Ja to help rebuild liquidity for Source: Bloomberg Data Systems Chart #3 the banks. Fears that banks have taken funds but are not lending are generally unfounded. The largest banks are making loans. They also share any potential profits equally, while Unfortunately, the loss of the credit available the FDIC receives interest and repayment on its through secondary sources such as loan brokers loan. overwhelms the amount of lending being completed (Sadly, the government has effectively soiled itself by by the banks. Details were non-existent, until the mandating limits on compensation paid to bank current Treasury Secretary provided greater visibility executives who have taken TARP funds. Those on how this might work through the PPIP. limitations have caused potential bidders to worry 2. Public – Private Investment Partnership (PPIP) that they will also be asked to reduce their - Bidders are encouraged to try to buy troubled assets compensation if they are successful and make Page 4
  • 5. APRIL 2009 QUARTERLY REVIEW & OUTLOOK significant profits through their PPIP investments. consumers. This spending includes reductions in Citibank employs 323,000 employees. Do we tax withholding, and people will see the benefit of really care how much money the management those plans beginning in their paychecks in early team makes if they lead Citibank back to April. profitability? How much tax will a profitable 5. Increases in FDIC Deposit Insurance - The Citibank pay? The government argues that there are government temporarily increased the available huge numbers of effective government employees deposit insurance to $250,000 from $100,000. This willing to work for a fraction of the pay historically prevented a run on the banks because people were offered by large financial comforted by the government institutions. Those same insurance on their savings, and government employees failed to did not feel the need to remove find the fraud perpetrated by This administration and the their funds. one that preceded it have Bernard Madoff, even as 6. Commercial Paper Funding whistle-blowers screamed about come up with a significant Facility (CPFF)- The numerous telltale signs that number of programs to government provided a Madoff could not legitimately provide the returns he had prevent our current financial backstop to issuers of commercial paper. This been “generating.” The crisis from becoming Great prevented the failure of government will need to find a Depression II, the sequel. companies that rely on short- way to ensure that participants term funding for their survival. Those programs are far in the PPIP will not be penalized retroactively, and 7. Temporary Guaranty reaching, and will most trust will need to be regained Program for Money Market certainly help alleviate the Funds (TGP for MMF) – The for this program to be existing malaise. successful.) government has also decided to guarantee all money market 3. Term Asset Backed funds. This was also designed Lending Facility (TALF) - The market for securities that represent pools of loans such as automobile to prevent runs on banks caused by losses of loans has dried up. The TALF plan is designed to confidence. provide liquidity to the system so that loans can 8. Temporary Liquidity Guarantee Program once again be packaged and sold. These loans will (TLGP) – The government has agreed to guarantee be financed by the Federal Reserve Bank of New new debt issued by financial institutions to provide a York. The first sales under the TALF program were facility for these institutions to raise additional completed in late March, and while they were small funds. These guarantees continue for all debt issued compared to the size of that market more than a year through the end of 2009 with maturities through ago, they were successful, and there is hope that the June 30, 2012. securitization of loans will be brought back to life. 9. Primary Dealer Credit Facility (PDCF) – 4. American Recovery and Reinvestment Act of Following the failure of Bear Stearns, the Fed 2009 - The government is providing more than $800 decided to permit investment banks to have access to billion in spending to help prevent the economy short-term funding through the Fed’s discount from getting worse. While some people do not window. While many believe that access to the believe that enough has been done, or that the right discount window might have prevented the failure of things are being done, the fact remains that Bear Stearns, the facility is now available to prevent spending $800 billion will replace some spending further institutional failures. that was previously made by businesses and Page 5
  • 6. APRIL 2009 QUARTERLY REVIEW & OUTLOOK 10. Federal Reserve to Purchase Treasury Bonds more? Are we just exacerbating the problem? to Provide Liquidity – The Fed has indicated its The most commonly heard criticism of the willingness to purchase treasury bonds in the open government’s actions is that such an enormous market to provide liquidity and encourage interest expansion of the Fed’s balance sheet must cause rates to fall. Lower interest rates should permit inflation. Inflation is currently quite low, as shown more homeowners to refinance their existing in Chart #1. The Nobel Prize winning economist mortgages to reduce payments. Milton Friedman is frequently quoted as saying “Inflation is always and everywhere a monetary 11. Government Plans to Encourage Financial phenomenon.” The implication is that the Institutions To Restructure Existing Mortgage monetary expansion used to fund the myriad of Debt – By working with banks and homeowners to reduce mortgage payments to a specific percentage of programs will cause inflation, and that this monetary total income, it is hoped that fewer people will lose inflation will also manifest itself in a declining value of the U.S. dollar as inflationary pressures build. their homes through foreclosure. Growth of the money supply is shown in Chart #2 12. There are many other programs that officials have put in place to prevent the failure of more The causes of consumer price inflation (CPI) are financial institutions. Accounting rules are being difficult to quantify, and there is some consensus changed to reduce the pressure exerted on banks that increases in CPI are caused by increases in and financial institutions to incur losses on labor costs, and by a lack of excess capacity in our securities held on their balance sheets. Short-selling ability to manufacture goods. Capacity utilization is rules are also shown in Chart being changed to #3. Recognizing reduce the ability that we disagree of speculators to It may, however, be time to consider that all the with Professor drive share prices Friedman at our endlessly lower. bad news is out. Companies are reporting weak own peril, we do earnings for the first quarter of 2009, but stock not believe that In recent testimony, both prices so far have been able to absorb the bad news labor costs will be the Treasury rising any time Secretary and the without swooning. The fact that we have been in soon. Factory recession for 16 months indicates that a weak Federal Reserve utilization rates Chairman have are at multi- economy is not new news. indicated they decade lows, will do everything indicating that within their factories can power to prevent additional financial institution increase production for many years before creating failures. (One critic suggested these programs be inflationary pressures. Companies do not have any renamed Bank Asset Reliquification Facility, with pricing power, anywhere. The idea that inflation the appropriate acronym, BARF.) will return is valid, but expecting it to occur in There are many criticisms of the government’s 2009, or even in 2010, seems quite remote to us. efforts to prevent this economic crisis from The same may be true of the U.S. dollar. In the land of the blind the one-eyed man is King. The becoming more severe. One appropriate criticism dollar may succumb to inflationary pressures and fall is the fact that the government is trying to borrow in value. However, this credit crisis is a global its way out of a debt bubble. Is the way to help a system burdened with too much debt to borrow event, and other nations are facing similar difficult Page 6
  • 7. APRIL 2009 QUARTERLY REVIEW & OUTLOOK economy is not new news. Corporations have very choices: try to inflate your way out of this mess, or little visibility in their business looking into 2009, languish with sub-par growth for many years, or even decades, as have the Japanese. It is hard to but earnings estimates are already down by 50%, so make the case for a strong dollar in the face of rising weak corporate earnings can no longer be inflationary pressures that are likely over the next considered a surprise to anyone. Yes, few years, but it is even harder to find a currency unemployment continues to climb, but as we have pointed out, increasing unemployment reflects what that is in a materially stronger position right now. has already happened, and has been a very poor There are many reasons to remain negative. Credit indicator of whether the economy is beginning to problems at banks are expanding into credit cards, bottom, or perhaps even starting to improve. The Existing Home Median Price weak March employment report was widely expected, January 1968 to Present and stocks were able to rally Source: Bloomberg Data Systems despite the dire news. This 250 Great Recession is already the Year-over-year prices have declined for 31 months 225 longest since the early 1970s in a row. Since 1968, existing home prices had 200 and is likely to be the longest never fallen for more than two consecutive months. 175 since the great Depression. 150 The definition of a declining 125 stock market is one where the 100 recent lows are lower than the 75 previous lows. The definition 50 of a rising stock market is one 25 where the recent highs are 0 higher than the previous Ja 8 Ja 0 Ja 2 Ja 4 Ja 6 Ja 8 Ja 0 Ja 2 Ja 4 Ja 6 Ja 8 Ja 0 Ja 2 Ja 4 Ja 6 Ja 8 Ja 0 Ja 2 Ja 4 Ja 6 08 6 7 7 7 7 7 8 8 8 8 8 9 9 9 9 9 0 0 0 0 highs. By this definition, the n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- n- Ja Chart #4 stock market continues to be falling. While stock prices real estate loans, and high quality mortgages. Credit continued their descent, there have been some very losses will continue to expand for quite some time. interesting underlying trends. As the S&P 500 reached a panic low on October 10th, there were Home prices continue to fall and the number of foreclosures continues to expand. Home prices are 6,762 stocks on the New York Stock Exchange shown in Chart #4. Since most of the problems we (NYSE) with prices at new 52-week lows. As the S&P 500 made a new low on November 21st, only face resulted from weakness in the housing market, many market prognosticators believe that housing 3,600 stocks printed at new 52-week lows. More must bottom before a meaningful bottom can be recently, as the S&P 500 hit a new 12-year low on March 6th, only 1,793 stocks made new 52-week reached in the financial services sector, and lows. This is a very important trend. Despite ultimately in the real economy. lower prices for the stock market index, fewer and It may, however, be time to consider that all the fewer stocks are actually participating in making bad news is out. Companies are reporting weak new lows. At some point the ability of stocks to earnings for the first quarter of 2009, but stock withstand bad news, and stop going down should lay prices so far have been able to absorb the bad news the groundwork for a meaningful bottom that can without swooning. The fact that we have been in lead to higher prices. recession for 16 months indicates that a weak Page 7
  • 8. APRIL 2009 QUARTERLY REVIEW & OUTLOOK We mentioned that the stock market hit a 12 year By our thinking, the Treasury market remains one of low in early March. This is important because since the most overvalued markets. We do not expect the beginning of the 20th century there have been inflationary pressures to become apparent for several more quarters, but with 10-year interest rates well only three times in history that stock prices have below 3%, we find Treasury prices very susceptible to any increase in inflation. Corporate bond markets remain far more attractive relative to the rates available in the Treasury market, and high yield markets remain very attractively priced, although the potential for increased credit problems and defaults suggests some caution is warranted with regard to high yield bonds. For taxable clients, the municipal bond market, particularly the California municipal bond market, remains a very attractive investment alternative. In our stock portfolios we continue to favor those stocks that can survive and thrive in a recessionary environment. However, we recognize that our clients’ portfolios will soon need to have retreated to a 12-year low. See the chart above. changes made to reflect prospects for more robust The first was the period from 1921 through 1932. economic growth over the next several quarters. The second was 1962 through 1974, and the third was the last 12 years, 1997 through 2009. In the It is important that we know of any changes in your first two periods stock prices were materially higher financial situation. If you are nervous or in the years that followed. While history does not uncomfortable with any aspect of your investment repeat itself, it does frequently rhyme, and it may portfolio, or if you simply have questions, we once again be the case that stock prices could be encourage you to make an appointment for us to get higher over the next couple of years. together. Stock prices are forward looking, and have almost always begun a new advance prior to the end of the If you would like a copy of our Form ADV Part II, recession. While it is entirely possible that the free of charge, please contact Robin Campbell at recession will last through the rest of 2009, it is also 310.255.4469, or at likely that some modest but overdue economic RCampbell@PacificIncome.com. improvement will be palpable by 2010. Stocks will Bennett E. Gross, CFA anticipate the economic improvement and should Director of Equity Investments begin to improve within the next several months. It is entirely possible that the lows for this terrible Marla L. Harkness, CFA bear market have already been made. Portfolio Manager—Equity Investments PACIFIC INCOME ADVISERS 1299 Ocean Avenue, Second Floor Santa Monica, California 90401 Telephone: (310) 393-1424 ▲ www. PacificIncome.com