Many of my friends follow the advice of Bruce Berkowitz, founder of the Fairholme Fund. They occasionally ask for mine as well. Mr. Berkowitz has been one of the most successful mutual fund managers over the past several market cycles. After the 2008 financial crisis, Mr. Berkowitz invested heavily in financial stocks such as Bank of America, Citicorp, AIG and others. I did not want to disagree with a guru such as Mr. Berkowitz, but I expressed doubt about investing in financial stocks, especially the trio he selected. Why? Even for an expert it is difficult to get an accurate financial picture of large financial companies. Problems are often held off the balance sheet in structured investment vehicles that are discreet and hidden. It is impossible to examine the net exposure and counter party risks associated with their burgeoning credit derivative businesses. In fact, the financial crisis and testimony before the Financial Crisis Inquiry Commission revealed that even executives inside these institutions did not fully appreciate the risks their companies were undertaking. Suspension of “mark to market” accounting further clouded the true financial picture of securities and mortgages the banks held.
In March 2010, Mr. Berkowitz gave an interview to Barron’s. He described his rationale for investing in the big three mentioned above:
The financial system in the United States doesn’t work without Citigroup and Bank of America and, hence, the government’s involvement. But what’s nice about the government is that at the end of the day, it will make a profit on all of its investments in these companies.
There are just certain institutions that are interwoven into the fabric of the United States. That’s the case with Citigroup and Bank of America, which make up a key part of our banking system. The same is true for AIG in the insurance area. See After the Apocalypse
Mr. Berkowitz believes that these “too big to fail” financial institutions are essentially in partnership with the government and will be assured profitability and ever rising stock prices. When I realized this, I firmly decided that he was wrong and that his strategy would ultimately fail.
On Tuesday, Bank of America closed at $6.30 down almost 2% on the day and nearly 48% for the year. (After Thursday’s announcement of Warren Buffet taking a stake in the preferred stock of the company the price has recovered to the mid $7 range.) Fairholme Fund is down nearly 13% this year. While of course I am skeptical of Mr. Berkowitz’s strategy, I urge the more important point about the havoc the government has fostered, the risks of investing in any financial firm, and the folly of blind faith in guru investors.
What is Wrong with Bank of America?
The short answer is that no one knows for sure. But there are two ominous signs: the drop by nearly half of the yearly stock price, and the soaring cost of insuring Bank of America debt in the credit derivative market (385 basis points –August 23). Yves Smith of Naked Capitalism summarizes the distress in the stock:
- An analyst believes that the company will need to raise $40-50b in additional equity diluting current shareholders
- The company is having difficulty in selling assets which would improve their financial position (China Construction Bank, Merrill Lynch)
- The company is unable to complete a broad settlement of mortgage litigation
- The stock is susceptible to manipulation by high frequency traders
- The company’s second liens are overvalued
- Commercial loans are impaired, and have not been recognized as such.
- Management has overstated good will from the Countrywide and Merrill Lynch transactions
- There are undetermined European exposures, especially to the debt of foreign banks. See Why is Bank America’s Stock Cratering Yet Again? It’s the Extend and Pretend Endgame
Extend and Pretend
It was governmental policy to suspend mark to market accounting policy. Basically this permitted the banks to make their own value determinations for mortgages and other potentially impaired assets. Ms. Smith points out how pernicious this policy is:
We are now seeing the downside to extend and pretend. Years of regulatory forbearance mean that investors know the marks on the balance sheet of a beast like Bank of America (and frankly all the other big banks) have a ton of air in them. And now that the economy is looking seriously wobbly and the odds of son of Credit Anstalt are well above zero, it means big banks are at real risk of getting seriously whacked in a major stress event. Worse, with Dodd Frank (supposedly) barring bailouts and Tea Partiers on an anti-bank, anti-Fed, anti-spending warpath, it might not be so easy for the authorities to rescue a big bank if a run started…. See Why is Bank America’s Stock Cratering Yet Again? It’s the Extend and Pretend Endgame
Credit Anstalt refers to the 1931 failure of an Austrian bank which set off a chain of European bank failures, deepening the Great Depression of the 1930’s.
Investors are wary that Bank of America could collapse just as Lehman and AIG did in 2008.
Understanding Banks
This brings us to gurus and financial analysis. Mr. Berkowitz is not the only guru piling into Bank of America stock. John Paulson (who worked with Goldman Sachs to short the mortgage market during the 2008 financial crisis) and David Tepper, both considered two of the best hedge fund managers, also bet heavily on Bank of America, Citicorp , AIG and other financial stocks. But in a brilliant analysis, Steve Waldman, author of Interfluidity, points out that it is near impossible to evaluate large, complex, financial institutions:
Bank capital cannot be measured. Think about that until you really get it. “Large complex financial institutions” report leverage ratios and “tier one” capital and all kinds of aromatic stuff. But those numbers are meaningless. For any large complex financial institution levered at the House-proposed limit of 15×, a reasonable confidence interval surrounding its estimate of bank capital would be greater than 100% of the reported value. In English, we cannot distinguish “well capitalized” from insolvent banks, even in good times, and regardless of their formal statements. See Capital Can’t Be Measured
Thus, it is hubris to posture on the investment potential of Bank of America or other financial institutions. Thinking about Mr. Berkowitz’s comments in Barron’s, it appears that his investment was faith-based, meaning that he relied on the government bailing out Bank of America, again and again ensuring stock market profits. Government is often an unreliable business partner.
Some Lessons
Extend and pretend accounting games are catching up with the “too big to fail” banks. European banks are already in shambles. Distrust between and among banks is high and growing. This can lead to a dramatic loss of liquidity when least expected. And thus could begin the next wave of financial crisis.
Investment gurus usually have one or two good ideas during their investment lives. Investors who follow the recommendations of these gurus once the financial environment is radically different do so at their peril. It pays to be skeptical.
Finally, reliance on government to protect investors is folly. Remember it is the government that coaxed Bank of America into purchasing the troubled Countrywide and Merrill Lynch companies. In the current Tea Party-dominated congressional environment will another TARP be enacted to save the banks? With Rick Perry calling money printing by Ben Bernanke treasonous, will the Federal Reserve be able to step in and save the banks?
At the moment the market is putting much weight on the Buffet purchase of Bank of America preferred stock. Investors should think critically about this purchase. First, it gives lie to the claim of Bank of America management that it did not need to raise additional capital. Second, the Buffet deal came at a high price to current shareholders. It was a costly financing. Third, it is merely a small down payment on the much larger sums of money that the company must raise to maintain appropriate capital ratios. I wish Mr. Berkowitz and other investors much luck, but I think we have not heard the end of Bank of America’s troubles.
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