Despite our assumption that this would be a Southern New York Case, and in fact was a Delaware filing, the overall parameters turned out right. Turns out the $4.5 billion of debt was insurmountable to the Canadian Telco, despite having over $2 billion in cash. Seems NT files without having a DIP in place, which makes sense with their cash hoard. Granted we hope this is not an indication of Lazard's trust in the DIP market (none) as we fully expect on average 5-10 companies to have to file for bankruptcy a day in 2009, and with no interim bankruptcy financing, all will have to liquidate outright... guess there is a reason why they call it a credit bubble.Wednesday, January 14, 2009
Wait Is Over - Nortel Files for Bankruptcy
Despite our assumption that this would be a Southern New York Case, and in fact was a Delaware filing, the overall parameters turned out right. Turns out the $4.5 billion of debt was insurmountable to the Canadian Telco, despite having over $2 billion in cash. Seems NT files without having a DIP in place, which makes sense with their cash hoard. Granted we hope this is not an indication of Lazard's trust in the DIP market (none) as we fully expect on average 5-10 companies to have to file for bankruptcy a day in 2009, and with no interim bankruptcy financing, all will have to liquidate outright... guess there is a reason why they call it a credit bubble.Tuesday, January 13, 2009
Schrenker Captured!
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Have You Seen This Man?
And the list is growing... First Schrenker and now Raoul Weil, Former Chairman and CEO of Global Wealth Management at UBS. In the order attached below, Judge James Cohn of the Southern District of Florida announced that Raoul is now a fugitive. The UBS bigman, had been previously charged with tax fraud conspiracy. In an indictment unsealed in November, Weil and other bankers were charged with helping 17,000 Americans hide over $20 billion in U.S. taxes. Whereas at the time Raoul said the indictment against him was "totally unjustified", the Zurich-based banker has apparently decided against actually proving the unjustifiability of the charges and instead has opted to simply run away. Weil was a member of UBS' executive board until the charges against him were made public. It will be interesting how the schizophrenic bankers at UBS spin this one, especially ahead of what are expected to be some pretty huge writedowns on even more bad investments. 
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Schrenker Gimmicks Put Bernie the Ponzasaur to Shame
As the media whirlwind over the latest Ponzmaster becomes more and more acute, the disclosures about his past keep mounting to a point where what Madoff has done in comparison will likely soon seem tame. We all know by now the more recent events, but the pre-story that is unwinding is simply staggering. As Yahoo Finance has uncovered, his involvement can be found in such unexpected places as the Delta Airlines Bankruptcy Case.Here is a rough attempt at a timeline of events:
- August 17, 2006: Marc Schrenker is listed as an Advisor in the Delta Pilots Pension Termination Opposition mission statement. Delta's Retired Pilots are fighting the debtor's attempt to stiff them and to virtually eliminate their pensions while in bankruptcy, which probably amounts to millions and millions of dollars. Schrenker manages to weasel his way in as a "protector" of their retiree's interests. The original filing by Delta of the Pension Termination Plan, which Schrenker was supposed to defend against, can be found here. Attorneys for the pilots, who also represent Schrenker at his deposition, is the law firm of Thelein Reid and Priest LLP of Washington DC (212-603-2000) with attorneys Sherwin Kaplan and Sara Pikofsky in Washington.
- August 25, 2006: deposition (here, here and here) of Robert Morrison, a retired Delta pilot, who is also unlucky enough to have been hired as an investment advisor by Schrenker (no salary, just commission), most likely to serve as an introductory liaison to the Delta Retiree Union. The deposition goes into great depths about the operation of Schrenker's business.
- August 27, 2006: at a deposition of Schrenker by Brian Weinstein and Rajesh James of Davis Polk (the original deposition seems to have been removed from the Delta docket where it would probably be found under Docket # 3163 for Southern New York Case 05-17923, most likely due to his August 30 termination of involvement in the pilot case (see below); Davis Polk lawyers presumably have a copy of the deposition) the following disclosures come to light:
- In 1990, Schrenker is charged with receiving stolen property involving jewelry theft; documentation is presented that Schrenker spends 16 days in jail. Schrenker counters that he only receives probation for the offense and that record is later expunged;
- In 1991 a Chapter 7 liquidation petition filed on Schrenker's behalf; MS counters the case was fraudulently filed by college frat brothers who took out several cards in his name;
- Terminated from Multi Financial Securities, where he is registered from Dec. 18, 2000 to April 30, 2001, with cause, due to high volume of mutual fund switched and lack of documentation with properly completed acknowledgement letters (churning);
- Around 9/11 several securities lawsuits are filed against him by prior clients; MS counters litigation was brought by one attorney representing 3 or 4 people who indicated MS "should have known the 9/11 events could have happened and accounts could have dropped (in his words)".
- In 2003 the IRS files a court case against Schrenker in which he is accused of not disclosing thousands of dollars in income and not reporting income. Court trustee files documents alleging that in months prior to 2003 petition, MS buys more than $29,000 in audio/visual equipment and orders $16,000 worth of landscaping services, provided to his home, and MS is accused of fraudulent conveyance. MS claims all services are for his business and that "Trustee is obviously motivated to make it appear as we've done something fraudulent because they recover 33% of every dollar that they can squeeze out of these small companies."
- Also in 2003, another Chapter 7 petition is filed on his behalf, which MS claims was fraudulently filed by his lawyer who had forged his signature;
- Charles Kinney, an active Delta pilot began investing with Schrenker in mid-90s. Once learning about MS's past, Kinney approached Indiana insurance regulators on behalf of his parents, who invested their life savings into Nat Western Life Annuities thru Schenker. MS subsequently transfers the money into a different annuity account, without telling the parents, which costs them $135,000 in surrender penalties according to a December 2007 Indiana regulator complaint.
- August 30, 2006: Marcus withdraws from the Pilot Case and is a no show to the court hearing. The link to the Notice about Schrenker's withdrawal from the Delta Airlines bankruptcy docket is here. This is likely done so as to eliminate his deposition from Delta's docket which would likely incriminate him had it remained on the public record. His running away ruins the pilots' chances to successfully prevent pension plan termination, especially as Delta's financial advisor is Blackstone.
And this is probably just the beginning.
We are speechless.
GM: If Our Cars Keep Sucking, Suckers Keep Paying
According to GM COO Fritz Henderson, if the worst case scenario that the company has put together which calls for 10.5 million annual car sales (which is higher than recent market data shows for an annualized run-rate around 10 million), then the company will simply have to borrow more from US taxpayers. The amount already allocated to GM is $13.4 billion, less than the $18 billion GM begged for. Allegedly, GM will be able to gain more concessions from the United Auto Workers which recently have proved they are unwilling to budge on pretty much anything, and in fact Ron Gettlefinger president of the UAW has said he will approach the Obama administration to "end what he called unfair requirements in the loan terms for concessions from the unions".Breaking News: This is Your New Morgan Stanley Smith Barney Broker Calling
- More than 20,000 high-quality financial advisors;
- $1.7 trillion in client assets;
- $14.9 billion in pro-forma combined revenues;
- $2.8 billion in pro-forma combined pre-tax profit;
- 6.8 million client households globally – with a strong presence in the critically important
- high-net-worth client segment; and,
- A footprint of more than 1,000 offices around the globe.
Lead -> Gold
Sphere: Related ContentNortel Upping The Suspense To Fever Pitch
Our readers at Reuters picked up today where we left off yesterday, and apparently had more luck in getting through to someone at the company than just the switchboard...However, not much information was gleaned: "It is our policy to not comment on our creditor obligations other than what we disclose in our public filings" according to some PR-sensitive individual at the company. On the other side of the border, mark to market-sensitive portfolio managers decided they didn't have enough patience to see this nail biter thru its exciting end and sold off bonds, with NT floaters and 10.75% notes dropping to 23 and 24.5 respectively. The skittish elements seems to share the outlook of Duncan Stewart, an analyst for DSAM Consulting: "The issue is not whether or not they can pay it. It's the idea of: if you know you're eventually going to default anyway, why not do it now and keep the ... interest payments you would have shelled out?"HeidelbergCement Trying to Avoid The Cement Shoes
HeidelbergCement, the world leader in aggregate production which over the past year has lost over 60% of its equity value, and one of the main holdings of recently deceased Adolf Merckle who got caught shorting Volkswagen (for a brief period of time the world's most valuable company after the mother of all short squeezes), is taking proactive steps to address it capital structure according to an e-mailed statement earlier today.The rocket scientists at S&P recently downgraded Heidelberg from BB- to B+ on concerns over covenant breach in June 2009 and heavy debt maturities in 2010 (roughly €5 billion Tranche B maturing in May 2010). Buffett's henchmen still have the company rated at Ba3. In the emailed statement the company claims it will "take steps to address its capital structure by extending the maturities of its bank financial and strengthening its equity capital positions. The company also plans to sell "non-strategic assets." It is arguable whether the current depressionary environment is one in which roughly 5x leveraged HEI can extract deleveraging multiples for any of its assets. Ironically while the company's market cap is €4.1 billion, its CDS are currently trading at roughly 2500 bps over Libor, a 62% two year default probability. However there is certainly room for upside (or downside depending how you look at it) in the CDS, which hit an all time record wide of 7000 bps equivalent on December 4.
If HEI is caught in a firesale of cement assets, this might make life tough for other big time cement maker, Cemex SA. The company, while not in comparable dire straits as evidenced by its CDS at 600, and its debt leverage roughly half of HEI, could be significantly pressed by a deterioration in already marginal pricing power.
Of course, there is hope for both companies, after all the Ted Spread is down.
************ UPDATE *************
In the Company letter that has been distributed by Bloomberg, but for some reason still having to hit the Company's PR section, most likely due to an incompetent Heidelbergian fraulein currently dancing the night away at some seedy local trance bar instead of caring about German securities disclosure law, HEI states it has hired Morgan Stanley as financial advisor. Heidelberg also claims this action is "independent of the publicly discussed financial situation of HeidelbergCement's shareholder VEM." Also, HEI is betting on the Obama Mega plan and "expects to benefit from the various stimulus packages around the globe". Sounds like a sound business plan. Sphere: Related Content
Breaking News: WSJ Reports Citi on Way to Dismantle Itself
Whoa, busy day for breaking newsJan. 13 (Bloomberg) -- Citigroup Inc. is preparing a reorganization that will narrow its focus to two areas, another step in dismantling the financial conglomerate, the Wall Street Journal said on its Web site, citing people with knowledge of the discussions. The company plans to target wholesale banking for large corporate clients and retail banking for customers in selected regions, the Journal said. Sphere: Related Content
Zimbabwe Raised to AAA+ by S&P, Geithner Celebrates Thru Innocent Mistakes
To celebrate their new credit rating, insane dictator Robert Mugabe releases new 50 billion note, which is roughly equal to one US dollar. In what should be a sobering case study to Hank Paulson and his soon-to-be replacement Tim Geithner, (who earns bonus points in our book for "forgetting" to pay Social Security and Medicare taxes in recent years and hiring illegal immigrants, which according to Ira Sorking would likely be classified as an "Innocent Mistake") Zimbabwe's most recent reading on inflation, at a time when people's calculators could calculate numbers that high, was 11,200,000%. Let's just hope the U.S. doesn't run out of ink and paper before we need to add a few hundred zeros to each dollar bill. If one is so inclined, one might make some money by going long the company that makes the magnetic ink used by the Willy Wonka Dollar Printing Factory... Blue Horseshoe Loves whoever the hell that is.************** UPDATE *****************
*SEN.MAX BAUCUS, CHAIR OF SENATE FINANCE COMMITTEE, SUMMONS FINANCE PANEL MEMBERS TO DISCUSS GEITHNER
probably out of jealousy for not thinking of this first
**************FURTHER UPDATE******************
*REPUBLICAN SENATOR HATCH SAYS HE SUPPORTS GEITHNER
anyone know how many maids Orrin has? Sphere: Related Content
4 out of 5 Vultures Agree Excrement About to Go Nuclear
As much as I hate to break it to Larry Kudlow and his unending "Ted-Spread is Down" monolog, the outlook for 2009 as per some people who actually know the business, although granted are heavily axed on the apocalypse bidside, is so bad, we should all just be buying rahmen noodles, crank radios, and flashlight batteries.Among the list of doomsayers is Bryan Marsal of Alvarez & Marsal, David Resnick of Rothschild, Barry Ridings of Lazard, Mark Cohen of the 100x leveraged Deutsche Bank, Fred Crawford of Alix Partners, Corinne Ball of Jones Day, Henry Miller of Miller Buckfire, Mark Shapiro of Barclays Capital, Bill Weinsten of Gordon Brothers and James Sprayregen of K&E.
To summarize, we will quote Bryan Marsal, "there's going to be a tsunami of restructurings." But at least the Ted Spread is down. Sphere: Related Content
Hey S&P, Not Too Late To Hit Recall
*U.S. BUDGET GAP IN FISCAL 1ST-QTR SOARS TO RECORD $485.2 BLN
*U.S. DECEMBER BUDGET GAP IN LINE WITH FORECAST FOR $83 BLN
*U.S. DECEMBER SPENDING RISES 41% TO $321 BLN, TREASURY SAYS
*U.S. DECEMBER REVENUE FALLS 14% TO $238 BLN, TREASURY SAYS
*U.S. DEC. DEFICIT COMPARES WITH $48.3 BLN SURPLUS YEAR EARLIER
Or maybe this merits an upgrade in S&P's view? Sphere: Related Content
Former NYT Editor To Control Car Industry
In an article today, Bloomberg picks up on a theme that we commented on yesterday regarding Steve Rattner's imminent appointment to the throne of all things auto. Rod Lache, auto analyst at the 100x levered Deutsche Bank, comments sagely on the possible appointment of Quadrangle's head honcho, "Based on what I know of him, he fits the bill. He is a fund manager. He can look at a plan and say it does or doesn't make sense."... Well, that's some serious selection criteria right there... 
Bottom line, we are a little confused about the natural fit of Mr. Rattner to the position of auto Czar... Especially since it might be a little tough to run Chrysler and Quadrangle at the same time. Like most asset managers, Mr. Rattner probably has quite a few portfolio companies that in recent years may have accumulated just a little extra debt than the surgeon general recommended and could potentially be in need of a little extra paternal care... One thing sure is that Steven's wife, Maureen White, former National Finance Chair for the Democratic Party has had nothing to do with this decision.
U.S. Renaissance Late, Ted-Spread Blamed
U.S. Not Spain, S&P Claims
Just as our opinion of S&P was notched up to deplorable from abysmal, they go ahead and pull this wool over our eyes:Money-Grubbing, Cholesterol-Spiking Idea of the Day
As anyone who has ever visited the West Coast will attest, Jack In The Box is the greatest hamburger joint that has ever lived. In-N-Out (mmmm.... animal style) and their JJ Abrams-like uberwierd secret menu may be a close contender, but just the intangible gratification from the utter nonsense of seeing a hydrocephallic snowman selling ciabatta burgers pushes it to a perpetual #1 ranking. Well, in an interview earlier on CNBC, CEO Linda Lang, who had earlier rang the NASDAQ opening bell (why it was not Jack we can not fathom) commented that JACK is moving to a franchise business model. Some Advice: add up your net worth and get in line to be a franchiser... With Wall Street (and related cash flows) about to go K-T boundary, the only thing people will spend money on is charbroiled, fatty goodness... Plus you will have the added benefit of seeing Jack all day every day on posters all over your office.
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Semi-Breaking News: Citi Out With Confirmation of Nothing
Citi Statement
Business Wire
NEW YORK -- January 13, 2009
Citi today said that the company is in discussions with Morgan Stanley (NYSE: MS) concerning a possible combination of the retail brokerage business operated under the Smith Barney name and the wealth management business operated by Morgan Stanley. No definitive agreement has been reached, and no assurance can be given that any such agreement will be reached. Beyond this statement, Citi has no further comment at this time.
Sphere: Related ContentMad-Cave Museum Deal Closer Than You Think
Seems Mad-Man overestimated his triathlon skills in getting to Tetterboro and the Mad-Jet before the FBI could catch up with him. Only that could explain the claim made in a NYT article earlier that:Federal prosecutors acknowledged in a court order released Monday that Mr. Madoff’s lawyer, Ira Lee Sorkin, is "engaging in discussions concerning a possible disposition of this case." While Mr. Sorkin would not comment, several former prosecutors said that language clearly indicated that the discussions were about a deal in which Mr. Madoff would agree to plead guilty in exchange for some type of leniency. “He’s trying to cut a deal,” said Marvin G. Pickholz, a former securities regulator and specialist in white-collar crime. “The only other possible ‘disposition’ that could be negotiated would be for the government to drop the whole case — and that’s not going to happen.”
What crazy scheme is the old man hatching now? We, for one, sure would not underestimate the conniving genius of this Kasparov of conmen. Sphere: Related Content
Monday, January 12, 2009
UBS in Serious Need of Editorializing
In what might be a blatant example of investment banking schizophrenia, or merely a good-ole "talking up the book", two of UBS key "strategists", Larry Hathaway and David Bianco, in the span of 1 business day, manage to come out with two essentially contradictory reports. On one hand, David Bianco, head of Global Equity Strategy, in a note to clients January 12, claims the following (slightly abbreviated and bolded for sanity purposes):"Even investors in presumed non-cyclical sectors, such as consumer staples or tele-communications, may not be able to take as much comfort in this recession as in past cycles. All sources of revenue, from developed to emerging economies, are at risk, suggesting more negative margin surprises than usual. It is also worth noting that aggregate earnings are, in fact, far more cyclical than bottom up analysts typically admit."
"In sum, a global recession implies a year-on-year earnings decline of around 20-30%, following a 20% decline in 2008 (Ed. David, you follow?). Assuming a 30% fall in 2009, the global forward P/E is closer to 15x—essentially a ‘fair value’ multiple, not the compelling valuation suggested by a simple trailing multiple."
In Other News: People Still Throwing Away Millions

As pretty much everyone is losing their jobs it is good to see that the good people at Corcoran are successful at selling the most expensive real estate on the planet (740 Park included). In a very recent transaction, an 18 room, 6,500 sq. foot apartment (6 bedrooms, 5.5 bathrooms, 2 maid rooms, 100 feet of Central Park views) at what many consider the world's most desired address, 820 Fifth Avenue was recently sold under the carefully botoxed eye of Sharon Baum.

