Daily Archives: August 31, 2010

FOMC Aug. 10, 2010, Meeting Minutes Show Reluctance Toward Resuming Large-Scale Asset Purchases

The Federal Reserve Board has released the minutes of the Federal Open Market Committee (FOMC) meeting of Aug, 10, 2010, which show committee members wrangling over whether, and how much, to initiate programs to add stimulus to the economic recovery.  While they ultimately decided to reinvest repayment of the asset-backed securities that the Fed had purchased during the financial crisis into longer-term Treasuries, concerns remained that such a move might send an “inappropriate” signal that the Fed was wiling to resume large-scale asset purchases.  In other words, not all FOMC members agree with a strategy of rescuing markets by endlessly printing money.  They are rightly concerned about the long-term effects of using the Fed’s balance sheet.

In any event, investors had better be careful buying risky assets in a belief that the Fed will do anything to keep asset prices elevated. It is one thing for the Fed to help markets along, buying time until the private sector can resume its rightful place as the main investor in the economy.  The TARP program, in its original form, is exactly the right type of program.  Put money into banks to get confidence back, and then get the money back quickly and let private investors take the risk.  However, there comes a time when, with private investment still balking at entering markets, the government must admit that a fundamental transformation of the economy is underway and look for ways to help accommodate change, rather than continue to pour money into dying markets – a strategy that could have very negative implications down the road.  No one wants to see equity, housing and other markets drop, but corresponding declines in commodities would ultimately be very good for consumers.  The stock market will eventually adjust upward and, meanwhile, consumers may be able to get on better footing with lower food and energy costs.  Perhaps the Fed, and thus the U.S., would be better off encouraging deleveraging by continuing the withdrawal of liquidity programs, allowing enough for credit markets to continue operating, but so much that it encourages speculators to drive up prices of commodities and other risky assets.  Thus far, it seems that the liquidity programs have not produced more jobs, just more speculation.  For more on this subject, please see Prof. Greg Mankiw’s Blog: A Challenge to Extreme Keynesians.

Here is a key passage from the minutes:

[T]he Committee discussed the implications for financial conditions and the economic outlook of continuing its policy of not reinvesting principal repayments received on MBS or maturing agency debt. The decline in mortgage rates since spring was generating increased mortgage refinancing activity that would accelerate repayments of principal on MBS held in the SOMA. Private investors would have to hold more longer-term securities as the Federal Reserve’s holdings ran off, making longer-term interest rates somewhat higher than they would be otherwise. Most members thought that the resulting tightening of financial conditions would be inappropriate, given the economic outlook. However, members noted that the magnitude of the tightening was uncertain, and a few thought that the economic effects of reinvesting principal from agency debt and MBS likely would be quite small. Most members judged, in light of current conditions in the MBS market and the Committee’s desire to normalize the composition of the Federal Reserve’s portfolio, that it would be better to reinvest in longer-term Treasury securities than in MBS. While reinvesting in Treasury securities was seen as preferable given current market conditions, reinvesting in MBS might become desirable if conditions were to change. A few members worried that reinvesting principal from agency debt and MBS in Treasury securities could send an inappropriate signal to investors about the Committee’s readiness to resume large-scale asset purchases. Another member argued that reinvesting repayments of principal from agency debt and MBS, thereby postponing a reduction in the size of the Federal Reserve’s balance sheet, was likely to complicate the eventual exit from the period of exceptionally accommodative monetary policy and could have adverse macroeconomic consequences in future years.

To read the FOMC minutes in full, please click the following link: Minutes of the Federal Open Market Committee: Aug. 10, 2010.

SIFMA Files Amicus Brief in Adverse-Event Disclosure Case

On Aug. 27, 2010, the Securities Industry and Financial Markets Association (SIFMA) filed an amicus brief (also known as a “friend of the court” brief) with the U.S. Supreme Court in the case of Matrixx Initiatives v. Siracusano, 585 F.3d 1167 (9thCir 2009). In the Matrixx case, the U.S. Court of Appeals for 9th Circuit found that a drug company could be held liable for failing to disclose adverse-event reports (i.e., reports by users of a drug who experienced an adverse event after using the drug) even if those reports are not “statistically significant.” Several other circuits, including the 1st, 2nd and 3rd Circuits, however, have held that statistical significance is required to make nondisclosure of such reports “material,” which is a required element for proving securities fraud.

The facts of the Matrixx case are that the shareholder class alleged that Matrixx failed to disclose material information about Zicam, a popular cold medicine.  Specifically, the shareholder class alleged that Zicam caused loss of the sense of smell, a condition called anosmia. The class alleged that Matrixx knew about this harmful effect because of: a phone conversation between a Matrixx vice president and a university researcher discussing a Zicam user’s anosmia; a 1999 study recognizing the possible link; and a university study citing 11 cases of anosmia in Zicam users. The district court dismissed the complaint, reasoning that the class had not alleged a statistically significant number of such instances and had therefore failed to allege a material misrepresentation or omission.

On appeal, the Ninth Circuit stated, among other conclusions, that “[t]he Supreme Court has rejected the adoption of a bright-line rule to determine materiality because ‘the determination [of materiality] requires delicate assessments of the inferences a ‘reasonable shareholder’ would draw…and the significance of those inferences to him.’” The Ninth Circuit therefore rejected the “statistical significance” standard in favor of a fact-specific inquiry to determine “whether the complaint state[d] a claim that [was] plausible on its face.”

Without a bright-line test for when a producer must disclose actual or potential product defects, producers are left to carefully consider disclosure issues on a case-by-case factual basis. SIFMA’s amicus brief focuses on this case’s wider ramifications to the extent the court offers further and more general guidance on the application of the materiality standard and also makes the point that dismissing cases that cannot establish materiality helps deter meritless securities fraud cases.

Home Prices Gain in June 2010, But Recent Indicators Ominous: S&P Case-Shiller Home Price Index

In the latest report on the housing industry, the S&P Case-Shiller® Home Price Index® for June 2010 showed the 10-City Composite posting a +5.0 percent annual growth rate, compared to +5.4 percent in May, and the 20-City Composite
was up 4.2 percent, versus its +4.6 percent May print.  These may sound like great numbers, but the housing picture is anything but bright for two reasons: (1) the report notes that “June’s figures were the first to moderate from
their prior month’s pace, pointing to a possible deceleration in home price returns”; and (2) the recent poor home sales and mortgage application figures point to fewer future returns housing.

“Seventeen of the 20 MSAs and both Composites saw home prices increase in June over May – Las Vegas was down 0.6%, Phoenix and Seattle were both flat. Through the second quarter, 15 of the 20 MSAs and both Composites have positive annual growth rates, and no market is registering a doubledigit decline,” said David M. Blitzer, Chairman of the Index Committee at Standard & Poor’s.  However, Blitzer observed, “The worry starts when you remember that the Homebuyers’ Tax Credit has expired,
foreclosures are still at high levels, and July data on home sales and starts were very, very weak. The inventory of unsold homes and months’ supply data were particularly troubling. If this relative weakness in demand continues, it will likely filter through to home prices in coming months.”

Click the following link for the full press release from Standard & Poor’s: S&P Case Shiller Home Price Index – June 2010.

For more information, please click on the “Housing Statistics” page on the menu bar above or in the Pages list in the left-side column.