Friday, November 30, 2012

Strength in Numbers for Ballantyne Strong

Shares in digital cinema projection equipment and service provider Ballantyne Strong (AMEX:BTN) has performed exceptionally well in recent weeks thanks to a large contract win and confirmation that it was about to announce solid results for the fourth quarter (Q4 2009) and full year (FY 2009) for the three and twelve month periods ended 31 December 2009.

Revenues for the US$70 million market capitalised company jumped 28.5% to US$18.8 million in Q4 2009 (Q4 2008: US$14.7 million) helping the company lift net earnings to $0.052 million compared to a net loss of $2.3 million a year ago (earnings of 0 cents per share versus loss of 17 cents). Q4 2008 results included a $2.3 million charge for goodwill impairment.

Ballantyne Strong benefited from an increase in demand for digital cinema equipment, which soared 76.7% to $6.9 million in Q4. The surge in revenues helped lift Q4 gross profits 55% to $3.5 million (18.8% of net revenues) compared to $2.3 million a year earlier (15.6% of net revenues). Margins also benefited from cost reductions implemented in 2009 at the company’s manufacturing facility in Omaha. SG&A expenses increased to $3.2 million, excluding a goodwill impairment charge of $2.3 million).

For the full year, net revenues climbed a very respectable 31.6% to $71.2 million (FY 2008: $54.8 million) while gross profit climbed to $14.7 million (20.4% of net revenues) from $8.8 million (16% of net revenues) in 2008. Net income climbed to $2.1 million or 15 cents per diluted share from a net loss of US$3 million (22 cents per diluted share) in the previous year.

The company ended 2009 with $23.6 million in cash and cash equivalents, up slightly from $23.3 million at the end of September 2009.

"Q4 revenue growth was led by an increase in digital projector sales and supported by improvements in both our services and cinema screens businesses,” John P. Wilmers, President and CEO, commented. “Our Asian territories made strong contributions to the fourth quarter and full-year performance, with growing demand coming from China, where they are moving aggressively to convert cinemas to digital technology at the same time they are working to expand their country-wide screen count. We continue to view China and neighboring Asian territories as exciting growth opportunities for Ballantyne Strong.

Shares in the company have tripled in the past year, climbing from a 52 week low of $1.52 to $4.95 last Friday.

The company has a long history, first founded in 1910 by Robert Scott Ballantyne, and more recently acquired Marcel Desrochers, Inc., a Canadian manufacturer of cinema projection screens in 2007.

Amongst its products today are entertainment lighting and services plus digital, audio and film projector systems and services for cinemas.

Disclosure: No positions

Our Favorite Dow CEO

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Foolish investors know that great leadership can be the difference between a market beater and a market laggard. Jason and Charly talk about one CEO of a very well-known Dow component company whose results have been no less than "golden," leaving investors absolutely "lovin' it."

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The New York Times Beats Analyst Estimates on EPS

The New York Times (NYSE: NYT  ) reported earnings on April 19. Here are the numbers you need to know.

The 10-second takeaway
For the quarter ended March 25 (Q1), New York Times met expectations on revenues and beat expectations on earnings per share.

Compared to the prior-year quarter, revenue shrank and GAAP earnings per share increased significantly.

Gross margins grew, operating margins dropped, net margins grew.

Revenue details
New York Times reported revenue of $499.4 million. The four analysts polled by S&P Capital IQ foresaw revenue of $500.7 million on the same basis. GAAP reported sales were 12% lower than the prior-year quarter's $566.5 million.

Source: S&P Capital IQ. Quarterly periods. Dollar amounts in millions. Non-GAAP figures may vary to maintain comparability with estimates.

EPS details
Non-GAAP EPS came in at $0.08. The six earnings estimates compiled by S&P Capital IQ averaged $0.02 per share on the same basis. GAAP EPS of $0.28 for Q1 were much higher than the prior-year quarter's $0.04 per share.

Source: S&P Capital IQ. Quarterly periods. Non-GAAP figures may vary to maintain comparability with estimates.

Margin details
For the quarter, gross margin was 57.3%, 30 basis points better than the prior-year quarter. Operating margin was 3.9%, 170 basis points worse than the prior-year quarter. Net margin was 8.4%, 740 basis points better than the prior-year quarter.

Looking ahead
Next quarter's average estimate for revenue is $510.8 million. On the bottom line, the average EPS estimate is $0.12.

Next year's average estimate for revenue is $2.11 billion. The average EPS estimate is $0.64.

Investor sentiment
The stock has a one-star rating (out of five) at Motley Fool CAPS, with 170 members out of 429 rating the stock outperform, and 259 members rating it underperform. Among 140 CAPS All-Star picks (recommendations by the highest-ranked CAPS members), 46 give New York Times a green thumbs-up, and 94 give it a red thumbs-down.

Of Wall Street recommendations tracked by S&P Capital IQ, the average opinion on New York Times is hold, with an average price target of $8.25.

Over the decades, small-cap stocks, like New York Times have provided market-beating returns, provided they're value priced and have solid businesses. Read about a pair of companies with a lock on their markets in "Too Small to Fail: Two Small Caps the Government Won't Let Go Broke." Click here for instant access to this free report.

  • Add New York Times to My Watchlist.

Expect Fossil Shares to Fare Better than Movado

Plenty of people in emerging markets are delighted to buy watches in order to let the world know about their newly acquired wealth. If that growth is higher than analysts expect, then investors might be able to profit from investing in leading watchmakers such as Movado (NYSE:MOV) and Fossil (NASDAQ:FOSL). But is the industry attractive and growing, and are these two stocks priced low�enough to�create a margin for error?�

The watch industry has different pricing segments. At the very top are so-called executive watches, in the $10,000-and-above category ��Movado�s Concord brand is a leader there. And at the bottom are mass market watches that sell for less than $55, according to Movado’s 2011 10K.

Movado is a leader in the �premium� category — these are quartz-analog watches that sell in the $500 to $1,500 range. Made mostly in Switzerland, premium watches have�gold or stainless steel�finishes. Movado competes in this area with Gucci, Rado and Raymond Weil.

Fossil is similarly well-positioned in the higher-price ranges. And despite competition from cell phones that give people the time of day wherever they may be in the world, people appear to be gobbling up these watches.

Movado blew through expectations when it reported earnings on Thursday. Analysts were expecting�an 8.5% sales increase to $133.4 million — but it reported 16% growth to $143 million. Behind the growth was strong demand growth for Movado watches.

Fossil posted much�faster third-quarter�growth earlier this month. Fossil’s revenue rose a whopping 22.7% to $642.9 million, more than analysts expected. And its EPS of $1.09 was six cents above analysts’ expectations.

But all was not well with Fossil. The strong dollar has led to higher watch prices and this has reduced demand from consumers in recession-hit economies. The result is that Fossil cut its earnings outlook.

So here’s what the investment choice between Movado and Fossil boils down to:

  • Movado: growing, unprofitable; fairly expensive stock. Movado sales have risen 9.3% in the past 12 months to $427 million while it lost $10 million. Its price-to-earnings-to-growth ratio (where a PEG of 1.0 is considered fairly priced) of 1.11 is pricey on a forward P/E of�19.4 and expected earnings growth of 17.4% to 81 cents a share in fiscal year 2013.
  • Fossil: fast growing,�wide margins; fairly priced stock. Fossil sales have increased 31% in the past 12 months to $2.4 billion, while net income has soared 83% to $273 million � yielding aan attractive 11.7% net margin. Its PEG of 0.96 is slightly undervalued on a P/E of�21.4 and expected earnings growth of 22.2% to $5.53 a share in 2012.

If you think that the past 12 months are good predictors of the future, then you should invest in Fossil, because it is enjoying rapid growth, wide margins, and trades at an attractive price. By contrast, Movado has been growing more slowly, losing money, and is overvalued.

However, predictions of future results for both companies suggest that Fossil is likely to stumble while Movado’s upward momentum is going to continue. I would give the edge to Fossil because its past performance suggests that it has a good chance of blowing through lowered expectations.

Peter Cohan has no financial interest in the securities mentioned.

Are You Missing Something Easy at Campbell Soup?

Margins matter. The more Campbell Soup (NYSE: CPB  ) keeps of each buck it earns in revenue, the more money it has to invest in growth, fund new strategic plans, or (gasp!) distribute to shareholders. Healthy margins often separate pretenders from the best stocks in the market.�That's why we check up on margins at least once a quarter in this series. I'm looking for the absolute numbers, comparisons to sector peers and competitors, and any trend that may tell me how strong Campbell Soup's competitive position could be.

Here's the current margin snapshot for Campbell Soup and some of its sector and industry peers and direct competitors.

Company

TTM Gross Margin

TTM Operating Margin

TTM Net Margin

Campbell Soup 39.7% 17.2% 10.3%
Coca-Cola (NYSE: KO  ) 60.7% 22.0% 27.6%
PepsiCo (NYSE: PEP  ) 53.2% 15.7% 9.9%
H. J. Heinz (NYSE: HNZ  ) 36.2% 14.4% 8.5%

Source: S&P Capital IQ. TTM = trailing 12 months.

Unfortunately, that table doesn't tell us much about where Campbell Soup has been, or where it's going. A company with rising gross and operating margins often fuels its growth by increasing demand for its products. If it sells more units while keeping costs in check, its profitability increases. Conversely, a company with gross margins that inch downward over time is often losing out to competition, and possibly engaging in a race to the bottom on prices. If it can't make up for this problem by cutting costs -- and most companies can't -- then both the business and its shares face a decidedly bleak outlook.

Of course, over the short term, the kind of economic shocks we recently experienced can drastically affect a company's profitability. That's why I like to look at five fiscal years' worth of margins, along with the results for the trailing 12 months, the last fiscal year, and last fiscal quarter. You can't always reach a hard conclusion about your company's health, but you can better understand what to expect, and what to watch.

Here's the margin picture for Campbell Soup over the past few years.

Source: S&P Capital IQ. Dollar amounts in millions. FY = fiscal year. TTM = trailing 12 months.

Because of seasonality in some businesses, the numbers for the last period on the right -- the TTM figures -- aren't always comparable to the FY results preceding them. To compare quarterly margins to their prior-year levels, consult this chart.

Source: S&P Capital IQ. Dollar amounts in millions. FQ = fiscal quarter.

Here's how the stats break down:

  • Over the past five years, gross margin peaked at 41% and averaged 40.4%. Operating margin peaked at 17.8% and averaged 16.9%. Net margin peaked at 14.6% and averaged 11.5%.
  • TTM gross margin is 39.7%, 70 basis points worse than the five-year average. TTM operating margin is 17.2%, 30 basis points better than the five-year average. TTM net margin is 10.3%, 120 basis points worse than the five-year average.

With recent TTM operating margins exceeding historical averages, Campbell Soup looks like it is doing fine.

If you take the time to read past the headlines and crack a filing now and then, you're probably ahead of 95% of the market's individual investors. To stay ahead, learn more about how I use analysis like this to help me uncover the best returns in the stock market.�Got an opinion on the margins at Campbell Soup? Let us know in the comments below.

  • Add Campbell Soup to My Watchlist.
  • Add Coca-Cola to My Watchlist.
  • Add PepsiCo�to My Watchlist.
  • Add H. J. Heinz to My Watchlist.

Utility stock earnings from Dominion D, American Electric Power AEP, Xcel XEL, Entergy ETR All Down

Four blue chip electric utilities reported earnings this morning, and profits were down at all four. Earnings were released from Dominion Resources, Inc. (D), American Electric Power Company (AEP), Xcel Energy Inc. (XEL) and Entergy Corp. (ETR). Earnings declines ranged from 4% to 9%, and were attributed to a variety of factors, from decreased demand to higher operating costs.

Specifically, Dominion (D) reported earnings that included EPS of $0.29 for the first quarter, compared with EPS of $0.42 in the same period a year ago. American Electric Power (AEP) reported earnings that included EPS of $0.72 for the quarter, compared with EPS of $0.89 a year ago. Xcel (XEL) posted earnings per share of $0.36, compared with EPS of $0.38 a year ago. Entergy (ETR) reported EPS of $1.12, compared with $1.20 in 2009.

Dominion is shedding its commodity exposure, while increasing its role in the regulated market. In March the company announced that it was selling virtually all its assets in the Marcellus shale play to a subsidiary of Consol Energy (CNX) for about $3.5 billion. Dominion wants to reduce its commodity risk exposure to zero and focus instead on natural gas transportation and regulated electricity sales. The company affirmed its full-year guidance for operating earnings of $3.20-$3.40/share. Dominion expects operating earnings for the second quarter to fall below the same period a year ago. Lower margins for merchant power generation continue to weigh down results.

AEP’s earnings were stung by the dilutive effect of a secondary share offering of about 71 million new shares in 2009. The impact totaled $0.13/share, which still would not have pulled AEP even with last year’s earnings. Residential sales were up, mostly because of colder weather, but industrial sales remain down slightly and commerical sales are still “struggling”. The company is keeping its 2010 full-year EPS guidance at $2.80-$3.20, based on its success at reducing costs.

Xcel Energy came closest to matching its year-ago earnings, and actually exceeded last year’s operating earnings by $0.04/share. The company received some favorable rate case rulings and interim rates that helped margins. Xcel affirmed 2010 EPS guidance of $1.55-$1.65.

On operational earnings, Entergy also posted an EPS gain of $0.04 year-over-year, and beat analysts’ expectations of $1.32 by a penny. Entergy made money the old-fashioned way — the sold more product. Sales rose on colder weather, although higher operating costs weighed on operating profits. Industrial sales grew 7.3% in the quarter, reflecting increased demand from chemicals, pulp and paper, and metals customers.

Entergy lowered its full-year EPS guidance from $6.15-$6.95 to $5.95-$6.80, due to the scrapping of its plan to spin off its non-nuclear facilities and its operations into two new companies. The company announced earlier this month that it would write down $0.40-$0.45/share for costs to date of the failed spin-offs.

Regulated utilities are back to their tried-and-true boring business of making a fair, guaranteed profit. They may not be as exciting as the financial sector, but a little boring is not so bad these days.

Tell us what you think here.

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    Double Your Money on Rumors … AND the News!
    Most investors are spectators at best — or victims at worst — in the feeding frenzy that surrounds Earnings Season. But we cut through the haze of rumor and manipulation to determine where the smart money is headed next. Then we simply “tag along,” for another 50%, 110% or 200% gain. Sign up for a FREE investment report and find out how you can double your money on rumors AND the news!

    Thursday, November 29, 2012

    Apple Shares Are Too Tempting

    Apple Inc.'s surging shares have prompted hundreds of mutual funds to buy the stock—including many that aren't expected to invest in a giant, U.S.-based technology company that pays no dividends.

    At least 50 small-cap and midcap mutual funds—which focus on small and midsize companies—own Apple, the world's largest company by market value, according to analyses for The Wall Street Journal by market-data firms Morningstar Inc. and Ipreo Holdings LLC. Non-U.S.-focused funds also own it. Apple doesn't pay a dividend, but about 40 dividend-focused funds hold its stock. And Apple shares can be found even in one high-yield bond fund.

    Enlarge Image

    Close Photo illustration by Justin Metz for The Wall Street Journal Apple of Investors' Eyes

    Managers pile into company's shares despite their fund descriptions.

    40 dividend-focused funds own Apple, which has never paid a dividend.

    50 small and midcap funds own Apple, the biggest of the big caps.

    Although such moves are permitted by securities rules and have so far paid off because of Apple's successes, they could expose investors to unexpected risks should the company falter. They also underline the leeway given to fund managers when choosing investments even when they explicitly contradict their stated objectives.

    Getty Images

    Apple CEO Tim Cook

    "It would clearly be inappropriate for a midcap fund to hold Apple. You've got to say that manager is violating his reason for being," says John C. Bogle, founder of Vanguard Group. "I can't help but believe that is going to end up in disappointment for his shareholders. I don't know when, but it will."

    Related Reading
    • MarketBeat: Analysts Sprinkle More Love

    The reason Mr. Bogle and others are concerned: Many investors in these funds may not realize they have exposure to Apple, and indeed may have invested in the funds to get exposure to a different segment of the market. Investors' concentration in Apple raises the risk that a big reversal in its shares would reverberate beyond the technology sector.

    Apple's popularity with investors of all stripes is a testament to its historic climb. The stock has soared nearly sevenfold since its March 2009 lows. In the past year alone, Apple has jumped 61% to close Tuesday at $568.10 a share, an all-time high. The gains helped push the Nasdaq Composite Index, where Apple is the largest weighting, to close above 3000 on Tuesday for the first time since late 2000.

    Robert S. Bacarella, president and portfolio manager at Monetta Mutual Funds in Wheaton, Ill., targets companies of up to $10 billion in market value for his Monetta Mid-Cap Equity Fund. He made an exception for Apple.

    "I'm going to hold it until it gives me a reason not to," says Mr. Bacarella, whose firm manages about $100 million. "If you have a good company, why shouldn't you let it run?"

    Under a 2001 securities rule, managers like Mr. Bacarella can apportion up to 20% of their portfolios to investments that aren't part of their mandate. Funds discuss this flexibility in their prospectuses, which are published online, and disclose their holdings in quarterly reports. But few investors read them, and some financial advisers admit they don't always scrutinize quarterly updates.

    If they did, they would find some of the biggest names in investing have reached beyond their stated focus. BlackRock Inc.'s $5.9 billion High Yield Bond Fund held Apple shares worth $8.3 million at the end of 2011, according to Morningstar. BlackRock declined to comment.

    Clever Large Cap Value Investing: A Better Approach Than Choosing From Available ETFs

    Surprisingly, low fee open-end mutual funds and exchange-traded funds (ETFs) in the large cap value category are not compelling. Instead, retail investors should consider direct investment in large cap value stocks. Furthermore, retail investors who have longer time horizons ought to consider a discounted closed-end fund alternative for large cap growth exposure.

    Fund Evaluation

    Investors seeking exposure to large cap value stocks have many funds to choose from. They should select funds using the following criteria:

    Low expense ratios. The less that investors pay in fund-level fees, the more they keep.

    Holdings with low price-to-book ratios. These funds should have a mix of value and growth holdings that leads to a mid-range price-to-book ratio average for the portfolio.

    Holdings with large cap market capitalizations. These funds should hold large cap firms to gain the expected exposure.

    Financially strong holdings. This is the fly in the ointment! Funds should be biased towards stocks with stronger financial positions that can weather bad times. Funds with more holdings which score as "safe" according to the Altman Z-score metric are preferable to funds with weaker holdings.

    A collection of large cap value funds with expense ratios under 0.25% were evaluated based on their top 25 holdings. Key attributes of these funds and their holdings are listed below:

    Ticker

    Fund

    Expense Ratio

    Avg P/B

    Avg Market Cap ($ Millions)

    "Safe"

    Weight

    VTV

    Vanguard Value ETF

    0.12%

    2.69

    131038

    55.6%

    VVIAX

    Vanguard Value Index Adm

    0.12%

    2.69

    131038

    55.6%

    VVISX

    Vanguard Value Index Signal

    0.12%

    2.69

    131038

    55.6%

    MGV

    Vanguard Mega Cap 300 Value Index ETF

    0.12%

    2.69

    131038

    55.6%

    SCHV

    Schwab U.S. Large-Cap Value ETF

    0.13%

    5.78

    139813

    60.7%

    IVE

    iShares S&P 500 Value Index

    0.18%

    2.10

    126208

    34.1%

    IWD

    iShares Russell 1000 Value Index

    0.20%

    1.86

    127830

    42.9%

    IWX

    iShares Russell Top 200 Value Index

    0.20%

    1.86

    127830

    42.9%

    Brocade, Madison Square Garden: After-Hours Trading

    Shares of Brocade Communications(BRCD) ticked lower in late trades on Friday following a report that The Blackstone Group(BX) is no longer in talks to purchase the company.

    Bloomberg is reporting the buyout firm is shying away from pursuing a deal because the run-up in the stock has made the price too rich. Brocade shares have advanced nearly 12% year-to-date as of Friday's close at $5.68. Brocade shares were last quoted at $5.62, down 1%, on volume of nearly 60,000, according to Nasdaq.com. The stock has ranged from a high of $7.30 on June 3 to a slow of $3.18 on Aug. 8 in the past year. The Bloomberg report said Blackstone and Francisco Partners were discussing a deal for Brocade, which is slated to report its fiscal first-quarter results on Feb. 21. The average estimate of analysts polled by Thomson Reuters is for earnings of 13 cents a share in the January-ended period on revenue of $542.4 million. At current levels, Brocade, which makes networking equipment, has a market cap of $2.58 billion, and the stock trades at a forward price-to-earnings multiple of 9.8X. Wall Street is mostly on the sidelines though with 24 of the 30 analysts covering the shares at either hold (20) or underperform (4), and the 12-month median price target sitting at $6. Check out TheStreet's quote page for Brocade for year-to-date share performance, analyst ratings, earnings estimates and much more.Madison Square Garden Jeremy Lin has apparently worked another wonder with Madison Square Garden(MSG) reportedly reaching terms on a settlement of its dispute with Time Warner Cable(TWC) late Friday. The deal comes ahead of the Lin and the New York Knicks battling the New Orleans Hornets later this evening. The Knicks are on a seven-day winning streak since Lin was inserted into the starting line-up against the New Jersey Nets on Feb. 4, and shares of MSG have rallied roughly 10% as the wins have piled up. Late Friday, multiple media reports said an agreement was in place to bring the MSG channel back to Time Warner Cable customers. Reuters said the deal was confirmed by a spokesperson with Time Warner, but didn't offer specific details. MSG shares were last quoted at $32.95, up 10 cents, on volume of less than 5,000, according to Nasdaq.com. The stock is up 11.3% since the start of 2012, hitting a new 52-week high of $33.49 in intraday action on Friday. Check out TheStreet's quote page for Madison Square Garden for year-to-date share performance, analyst ratings, earnings estimates and much more.-->To contact the writer of this article, click here: Michael Baron. >To order reprints of this article, click here: Reprints

    IMF Chief Strauss-Kahn’s Arrest for Sexual Assault Roils France

    The arrest over the weekend for sexual assault in New York of Dominique Strauss-Kahn, head of the International Monetary Fund (IMF), is having repercussions far beyond those to his alleged victim, a hotel maid at the Times Square Sofitel.

    According to Reuters, Strauss-Kahn was taken from an Air France flight just moments before takeoff and arrested on charges that included attempted rape. He was on his way to a meeting with German Chancellor Angela Merkel on Sunday to discuss the debt crisis, then would have headed on to a euro zone finance ministers meeting on Monday.

    Strauss-Kahn’s arrest complicates matters for Greece, which was believed to be on the verge of receiving another bailout package. It also throws a wrench into the succession at the IMF, where John Lipsky, the second in command, had announced just Thursday his plans to step down from his post in August, but who The New York Times says has now been named acting managing director. It also puts into turmoil France’s 2012 presidential race. Strauss-Kahn was widely expected to be the country’s Socialist Party candidate to run against Nicolas Sarkozy next April.

    Speculation has already begun about who will run the IMF long term in Strauss-Kahn’s absence. Lipsky, a former chief economist at JPMorgan Chase and Salomon Brothers in New York, has also represented the IMF in Chile. However, with news of his plans to leave the IMF having already been made public, Eswar Prasad, a professor of international economics at Cornell University, a senior fellow at the Brookings Institution in Washington and a former IMF official, said that the timing could result in an “awkward period.”

    Prasad, who worked with Lipsky as division chief of the IMF’s financial studies division, said in a Bloomberg report, “He can carry the ball effectively for the next few months, but I wouldn’t count on anything more from him.” Considering that Lipsky planned to depart the IMF within months, Prasad added, it was not likely that he would launch “major initiatives.” Felix Salmon wrote in a Reuters blog late Sunday that Christine Lagarde of France will most likely get the nod, despite a host of other likely candidates he named in the piece.

    But more critical is what will happen with Greece, Portugal, and the ongoing European debt crisis. According to an Associated Press report, Nemat Shafik, a deputy managing director at the IMF, was sent in place of Strauss-Kahn to the Monday euro zone meeting.

    An unidentified Greek official said in the report, "This might definitely cause some delays in the short term." Prasad said in the report, "The leadership vacuum at the IMF comes at a highly inopportune time for Europe, which is teetering on the brink of a full-blown debt crisis."

    And Peter Cardillo, chief market economist at Avalon Partners in New York, said in a Reuters report, "With the arrest of Strauss-Kahn, there are worries out there ... Does this mean that the IMF will take a harsh look at Greece and Portugal? These are headline fears, and I don't expect it to be a lasting one, but that's weighing on the market today."

    At the Monday meeting, finance ministers were expected to back Portugal’s bailout, albeit under new conditions imposed by Finland. It was also expected that euro zone officials will lean on Greece to implement more austerity measures as a condition for more emergency funding.

    Reuters reported that Strauss-Kahn had been lionized for making the IMF central to global coping mechanisms dealing with the financial crisis of 2007-9. He had made massive changes at the IMF so that countries worst off from the collapse would be able to get emergency financing, and was key in putting together rescue programs for Iceland, Hungary, Greece, Ireland, and Portugal. He also moved to provide emerging market countries like China, India and Brazil more say in the IMF’s voting structure, and interceded in China’s dispute with the U.S. over currency valuation by pushing China to let its currency appreciate.

    Despite his importance to the IMF and on France’s political stage, this is not the first time Strauss-Kahn has been in trouble over a woman. In October of 2008 he apologized to Piroska Nagy, a female IMF economist who was his subordinate, to his wife, and to staff at the IMF over an "error in judgment"—an incident that resulted in an inquiry by the fund’s board of member countries.

    While he was cleared of allegations of harassment and abuse of power and remained in his post, it warned him against future improper conduct. Now it too may be subject to investigation over a too-weak response, particularly since there have been, according to Reuters, "persistent rumors about Strauss-Kahn making sexual advances to women." And on Monday a French attorney said that his client, a woman writer, was considering filing charges as well for an incident that occurred in 2002 when she went to interview Strauss-Kahn.

    Wednesday, November 28, 2012

    Has Chicago Bridge & Iron Made You Any Real Money?

    Although business headlines still tout earnings numbers, many investors have moved past net earnings as a measure of a company's economic output. That's because earnings are very often less trustworthy than cash flow, since earnings are more open to manipulation based on dubious judgment calls.

    Earnings' unreliability is one of the reasons Foolish investors often flip straight past the income statement to check the cash flow statement. In general, by taking a close look at the cash moving in and out of the business, you can better understand whether the last batch of earnings brought money into the company, or merely disguised a cash gusher with a pretty headline.

    Calling all cash flows
    When you are trying to buy the market's best stocks, it's worth checking up on your companies' free cash flow once a quarter or so, to see whether it bears any relationship to the net income in the headlines. That's what we do with this series. Today, we're checking in on Chicago Bridge & Iron (NYSE: CBI  ) , whose recent revenue and earnings are plotted below.

    Source: S&P Capital IQ. Data is current as of last fully reported fiscal quarter. Dollar values in millions. FCF = free cash flow. FY = fiscal year. TTM = trailing 12 months.

    Over the past 12 months, Chicago Bridge & Iron generated $417.0 million cash while it booked net income of $274.4 million. That means it turned 8.3% of its revenue into FCF. That sounds OK.

    All cash is not equal
    Unfortunately, the cash flow statement isn't immune from nonsense, either. That's why it pays to take a close look at the components of cash flow from operations, to make sure that the cash flows are of high quality. What does that mean? To me, it means they need to be real and replicable in the upcoming quarters, rather than being offset by continual cash outflows that don't appear on the income statement (such as major capital expenditures).

    For instance, cash flow based on cash net income and adjustments for non-cash income-statement expenses (like depreciation) is generally favorable. An increase in cash flow based on stiffing your suppliers (by increasing accounts payable for the short term) or shortchanging Uncle Sam on taxes will come back to bite investors later. The same goes for decreasing accounts receivable; this is good to see, but it's ordinary in recessionary times, and you can only increase collections so much. Finally, adding stock-based compensation expense back to cash flows is questionable when a company hands out a lot of equity to employees and uses cash in later periods to buy back those shares.

    So how does the cash flow at Chicago Bridge & Iron look? Take a peek at the chart below, which flags questionable cash flow sources with a red bar.

    Source: S&P Capital IQ. Data is current as of last fully reported fiscal quarter. Dollar values in millions. TTM = trailing 12 months.

    When I say "questionable cash flow sources," I mean items such as changes in taxes payable, tax benefits from stock options, and asset sales, among others. That's not to say that companies booking these as sources of cash flow are weak, or are engaging in any sort of wrongdoing, or that everything that comes up questionable in my graph is automatically bad news. But whenever a company is getting more than, say, 10% of its cash from operations from these dubious sources, investors ought to make sure to refer to the filings and dig in.

    With questionable cash flows amounting to only 10.0% of operating cash flow, Chicago Bridge & Iron's cash flows look clean. Within the questionable cash flow figure plotted in the TTM period above, other operating activities (which can include deferred income taxes, pension charges, and other one-off items) provided the biggest boost, at 8.0% of cash flow from operations. Overall, the biggest drag on FCF came from capital expenditures, which consumed 12.5% of cash from operations.

    A Foolish final thought
    Most investors don't keep tabs on their companies' cash flow. I think that's a mistake. If you take the time to read past the headlines and crack a filing now and then, you're in a much better position to spot potential trouble early. Better yet, you'll improve your odds of finding the underappreciated home-run stocks that provide the market's best returns.

    We can help you keep tabs on your companies with My Watchlist, our free, personalized stock tracking service.

    • Add Chicago Bridge & Iron to My Watchlist.

    CenturyLink Heads Toward Modest Growth

    By Michael Hodel, CFA

    CenturyLink's (CTL) management believes that the four growth initiatives it has put in place - broadband, fiber to the tower, television service, and cloud/hosting services - provide a platform to expand the business. As such, additional transformative acquisitions aren't needed and are probably off the table for the foreseeable future. We believe CenturyLink will succeed in stabilizing its top line, but we also expect margin pressure will cause cash flow to decline modestly over time. If the company holds pat with the assets it has today, investor attention is likely to shift to shareholder returns in 2013 and beyond. We expect the firm will favor reducing leverage over increasing the dividend or buying back large amounts of stock.

    Stabilizing Revenue Is a Key Priority

    CenturyLink has shifted its revenue mix heavily toward enterprise services via acquisition over the past couple of years. This area provides stronger growth potential than the legacy consumer and wholesale businesses and will also benefit from investment in managed hosting services. Enterprise growth, coupled with diminishing impact from declining legacy services, should provide top-line stability. We believe CenturyLink will be able to begin posting modest revenue growth over the next couple of years.

    Even with the Savvis IT services business posting weak growth and the economy restraining growth, CenturyLink has shown steady improvement in the rate of pro forma revenue decline over the past five quarters, with sales down only 1.2% during the second quarter of 2012. Savvis has struggled to grow recently because of the loss of a major customer and the impact of the acquisition on its salesforce. Management says sales bookings of late at Savvis have been the strongest since 2008 and that sales growth in this business will return to double digits in the second half of 2012. In addition, CenturyLink's enterprise segment has posted sequential recurring revenue growth over the past two quarters.

    Also important, declining businesses are becoming a smaller portion of total sales. Switched access and Universal Service Fund receipts now constitute 7% of total revenue. Legacy CenturyTel derived around one-fourth of its revenue from these sources. With the changes to intercarrier compensation set to go into effect in the second half of 2012, these revenue streams will decline at an accelerating pace.

    Each Growth Initiative Faces Challenges

    While we believe that each of CenturyLink's growth initiatives will contribute new revenue, each also faces challenges. We expect that these challenges will limit growth and margins over the longer term. Two initiatives - broadband enhancement and television service - are focused primarily on the residential market, where we believe the firm will continue to operate at a disadvantage relative to its cable rivals. On the broadband front, CenturyLink has improved the performance of the businesses it has acquired. Although management highlighted the fact that CenturyLink's incremental broadband penetration has surpassed that of peers like AT&T (T) and Verizon (VZ) over the past three quarters, and our estimates based on company filings confirm this, the firm still trails its cable rivals here.

    In terms of network quality, CenturyLink significantly trails the cable companies. The firm has passed 6.3 million "living units" with its fiber-to-the-node network, which we estimate is equal to about a third of its total territory. In terms of speeds, CenturyLink can offer 20 Mbps or more to about one fourth of its footprint and 10 Mbps or more to about half. Following the Qwest acquisition, CenturyLink has heavy exposure to the major cable companies, each of which is largely done with its DOCSIS 3.0 deployment, enabling far greater speeds. Management claims that 5-7 Mbps is the sweet spot in terms of customer demand. We suspect there is some self-selection bias in this figure, though, and we also believe consumers' speed demands will steadily increase over the next couple of years. We expect cable will retain its speed advantage for the foreseeable future and CenturyLink will need to continue spending on network enhancement to stay competitive.

    On the television front, CenturyLink has reported early positive results with its Prism service. The firm has about 85,000 TV customers, representing about 8.5% penetration of 1 million homes passed. Given the capability of its network, CenturyLink should be able to expand its television footprint fairly rapidly, though it remains committed to not spending more than $250 million annually to roll out the service (including the cost of set-top boxes in customer homes). As we've seen with AT&T and Verizon, offering television service should help stabilize consumer revenue, but margins will take a hit. The cost of programming probably absorbs around 40% of television revenue.

    The fiber to the tower, or FTTT, initiative should provide long-term growth at very strong margins, but returns on capital are likely to be only adequate, in our view. CenturyLink expects to have built fiber out to 15,000 towers by the end of 2012, equal to about half the towers in its footprint. On average, the firm is signing 7- to 10-year contracts for service on these links. However, revenue in the first year of these contracts typically doesn't equal business cannibalized as a result of decommissioned copper-based connections (T-1 lines, generally). As a result, the FTTT program will actually put some pressure on revenue growth initially. As wireless data demand grows and carriers need more capacity to each cell site, CenturyLink will see revenue growth at very low incremental cost. Our biggest concern about the FTTT business is that customers of the service, including AT&T and Verizon Wireless, are extremely savvy buyers who clearly understand the economics of the business. With the major cable companies and some competitive local exchange carriers attacking this market, we're uncertain of the potential return on investment. CenturyLink expects to invest about $250 million in FTTT during 2012, equal to about 10% of its capital budget.

    Savvis and cloud/managed services also face competitive headwinds and lower margins than CenturyLink's legacy businesses. While this segment should produce solid growth as market demand steadily expands, CenturyLink will face stiff competition from pure-play vendors, large IT firms, and other telcos that are pursuing a similar strategy. In the cloud segment, which management believes is the fastest-growing part of this market, the firm trails Amazon (AMZN), Salesforce.com (CRM), Rackspace (RAX), and Verizon in size. CenturyLink is strongest in the co-location market, where it trails only specialist Equinix (EQIX). However, AT&T and Verizon are also big players in this segment. As it stands today, Savvis was producing EBITDA margins in the low 20s, well below the firm's low 40s corporate average. CenturyLink is also investing heavily to expand this business, expecting to spend $300 million-$350 million during 2012.

    Focus on Financial Strength Likely to Limit Near-Term Shareholder Returns

    Attention is likely to shift to shareholder returns heading into 2013. Planned debt repayment will consume most of cash flow in excess of dividends during 2012, but many investors seem to hope that stabilizing revenue will translate into a higher dividend or share repurchases next year. Management sounds disappointed with the current stock price, which could push the firm to institute a buyback. Given the firm's leverage targets, however, we suspect debt reduction will continue to take priority over the next couple of years.

    CenturyLink believes that maintaining a strong balance sheet provides the flexibility needed to invest in the business and create shareholder value. The firm targets a ratio of debt/EBITDA in the 2.0-2.5 range versus 2.7 times currently and is very focused on maintaining its investment-grade ratings with Moody's and Fitch (Baa3 and BBB-, respectively). CenturyLink committed to paying down $1.5 billion-$2.0 billion of debt through 2012 following the Qwest deal. Management will again meet with the agencies early next year to gain a clear understanding of what it needs to do in 2013 to remain investment-grade. As with revenue growth, though, management has declined to give a target date for bringing leverage within its targeted range.

    CenturyLink has done a lot of work on its debt profile thus far in 2012, issuing long-term debt at decent rates while calling high-coupon debt early. As a result, the firm's debt maturity schedule has lengthened considerably. Management said it will continue to call debt during 2012, in addition to repaying maturing debt, to hit its debt-reduction target. With $1.5 billion in cash on the books and our expectation that CenturyLink will generate solid cash flow in excess of dividend payments, we believe it can now repay maturing debt through 2015 without tapping the debt markets.

    Based on our forecast that EBITDA will decline modestly over the next couple of years, we expect that CenturyLink will look to repay big chunks of maturing debt over that time frame, rather than refinance, and use the cash raised to fund an increased dividend or share repurchases. Based on our estimates, if the firm diverts all cash flow in excess of the current dividend rate to debt repayment or building cash on the books, net debt won't fall into management's target range until 2014. Even at the end of our explicit forecast horizon (2016), we expect net debt will remain above the bottom of the range.

    Disclosure: Morningstar licenses its indexes to certain ETF and ETN providers, including BlackRock, Invesco, Merrill Lynch, Northern Trust, and Scottrade for use in exchange-traded funds and notes. These ETFs and ETNs are not sponsored, issued, or sold by Morningstar. Morningstar does not make any representation regarding the advisability of investing in ETFs or ETNs that are based on Morningstar indexes.

    Las Vegas Sands: Who Cares About Vegas? Buy on China!

    Las Vengas Sands (LVS) has one of the best line-ups of future casinos in China’s Macau and in Singapore, writes Barclay’s Capital analyst Felicia Hendrix today in a note to clients.

    She initiated coverage of the stock with an “Overweight” rating and a $24 price target.

    Hendrix’s note follows yesterday’s bullish comments by Robin Farley of UBSon both LVS and Wynn Resorts (WYNN).

    Noting that Macau is the largest and the fastest growing gaming market in the world, and Singapore has favorably low taxes, Hendrix believes the Marina Bay Sands in Singapore, which opens in Q2, and two parcels in Macau opening the latter half of next year, could become the company’s most profitable ventures yet, she argues.

    Hendrix values LVS stock as a multiple of 12.6 times her 2012 estimate for Ebitda, becuase there won’t be a full year’s worth of data on the Singapore and Macau properties until that time.

    LVS shares today are up $1.61, or 10%, at $18.23, while Wynn shares are up $4, or 6%, at $67.95.

    No Person Is Ever Too Busy To Begin Living Healthy

    An excuse is something that people come up with as a reason to avoid something. Although I know that sometimes individuals reasons for not doing something might be legitimate, more often than not it is just a poor excuse to get out of performing something. This is really true in the area of physical fitness and health and this is despite the fact that we know a healthier lifestyle is good for us. One of the primary reasons that many individuals give is that they have a hectic lifestyle and just do not have the time to dedicate to getting fitter. This to some extent comes down to your desire but if you truly want to feel more healthy, here are a few tips to help you find the time.

    Preparation is one of the main things you will likely need to do if you plan on getting into good shape. In your type of work, you’ll probably find many occasions when you need to plan for a meeting or presentation and the planning you put into this is crucial to your success. You are able to take this preparing and carry it over to your health and fitness plans. For instance, is it possible to get out of bed half an hour early to go right down to the gym or could you spare the time continuing your journey home from work. If right after work would be a good time, ensure you don’t go home first for the reason that once you get home you may not want to go back out again.

    Your eating plan is an additional thing that you will have to prepare for if you plan on eating healthier. Once you plan out your diet you will see that your meals will end up being healthier and you’ll also have plenty of healthy snacks to bring along with you. I know at one point or another you have stopped by the store to get a little something quick to eat to hold you over to your next meal, like a candy bar. In the event you planned out your snacks you could have had an apple which happens to be better for you and also may keep you feeling much less hungry for a longer period of time. Additionally when it comes to the physical fitness portion you will be more apt to do it if you have another person to do it with. The amount of time you exercise might actually increase once your working out with a buddy.

    Some individuals have to travel for their jobs, but that should not stop you from living healthy. It doesn’t matter how much you travel almost all hotels and motels have pools and exercise rooms, or you could make sure you plan your reservations out that way. Whenever you plan out your stays in this way you will consistently have the chance to hit the gym. If this is not a possibility for you, there is a wide choice of fitness machines available now that are designed to be portable. You will be able to exercise and still have something to do when your stuck in your hotel room.

    If this still seems like hard work there are lots of e books and online fitness courses you can subscribe to on the Internet to enable you to fit this in with your time at home if this is your preference. If your serious about this you’ll find the time, it doesn’t matter how hectic your life is the time to get healthy and fit can be found.

    If you enjoyed hypnosis weight loss cds make sure to check out the best of best hypnosis cd.

    Top Stocks For 2012-2-11-17

    Pernix Therapeutics Holdings, Inc. (AMEX:PTX), a specialty pharmaceutical company primarily focused on the pediatric market, and ParaPRO, LLC announced the commercial launch of Natroba� (spinosad) Topical Suspension, 0.9%, an FDA-approved prescription treatment for head lice in patients four years of age and older.

    Pernix Therapeutics Holdings, Inc., a specialty pharmaceutical company, engages in the development, marketing, and sale of branded and generic pharmaceutical products primarily for the pediatric market.

    Hyatt Hotels Corporation (NYSE:H) announced the opening of Hyatt Regency Chennai, introducing the Hyatt Regency brand to the booming south Indian market. Catering primarily to the business and leisure traveler, Hyatt Regency Chennai is centrally located on the city’s iconic Anna Salai (Mount Road), 20 minutes from Anna International Airport and the IT Corridor. The hotel is also in close proximity to important government institutions, consulates, corporate hubs and prime residential areas in Chennai.

    Hyatt Hotels Corporation and its subsidiaries engage in the management, franchising, ownership, and development of Hyatt-branded hotels, resorts, and residential and vacation ownership properties worldwide.

    Lowe’s Companies Inc. (NYSE:LOW) reported net earnings of $830 million for the quarter ended July 29, 2011, essentially flat from the same period a year ago. Diluted earnings per share increased 10.3 percent to $0.64 from $0.58 in the second quarter of 2010. For the six months ended July 29, 2011, net earnings decreased 2.2 percent from the same period a year ago to $1.29 billion while diluted earnings per share increased 6.5 percent to $0.98.

    Lowe’s Companies, Inc., together with its subsidiaries, operates as a home improvement retailer in the United States, Canada, and Mexico.

    Cleantech Transit, Inc. (CLNO)

    Cleantech Transit Inc. was founded to capitalize on technology advances and manufacturing opportunities in the growing clean energy public transportation sector. The Company has expanded its focus to invest directly in specific green projects. Recognizing the many economic and operational advances of converting wood waste into renewable sources of energy, Cleantech has selected to invest in Phoenix Energy (www.phoenixenergy.net). This project could benefit the Company’s manufacturing clients worldwide.

    Cleantech Transit, Inc. (CLNO) is pleased to announce it has met its funding requirement to secure the Company’s ability to earn in 25% of the 500KW Merced Project.

    The Company is in the final stages of closing its initial interest in the Merced Project and is currently working on completing the necessary documentation and expects closing the transaction soon. As previously announced Cleantech has the option to earn up to 40% of the Merced Project and the Company plans to continue to work towards increasing its interest in the Merced Project as they move ahead.

    Of all the forms of renewable energy, only hydropower exceeds the amount of electricity produced by bio energy; wind produces similar amounts of electricity to bio energy. Biomass electricity has a significant advantage in that it is the only established renewable resource which can provide baseload power. Hydropower and wind power are generated with lower capacity factors because the supplies of water and wind are irregular.

    For more information about Cleantech Transit, Inc. visit its website www.cleantechtransitinc.com

    Corzine bombarded with lawsuits over MF Global

    NEW YORK (CNNMoney) -- What do farmers in Montana, traders in Chicago and a pension fund in Canada have in common?

    They're all among the litigants who have filed suit against Jon Corzine in the wake of the MF Global failure.

    The firm filed for bankruptcy in October after disclosing $6.3 billion in bad bets on European sovereign debt, spooking investors. It has since emerged that roughly $1.2 billion in MF Global customer funds are missing, with federal regulators, law enforcement and the brokerage's trustee still trying to determine their whereabouts.

    In the meantime, stockholders, bondholders and customers are all trying to recoup their losses by getting a piece of Corzine, MF Global's former CEO. While firms in bankruptcy are generally protected from lawsuits, that hasn't stopped suits targeting Corzine personally.

    The Montana suit, filed Monday as a class action on behalf of all 38,000 MF Global account holders, alleges that Corzine and his lieutenants presided over the looting of customer securities and futures accounts at the firm.

    Many farmers rely on futures accounts to protect against volatility in crop values, posting collateral in their accounts when they lock in contracts to deliver crops in the future at a set price. Traders, meanwhile, use futures to speculate on commodity prices.

    In a separate suit, MF Global stockholder Joseph DeAngelis accuses Corzine and other executives of making "materially false and misleading" statements regarding the firm's liquidity and risk profile. U.S. district judge Victor Marrero has combined this suit with similar complaints by plaintiffs ranging from an investment firm in California to the Philadelphia city pension board.

    A spokesman for Corzine, a former Goldman Sachs (GS, Fortune 500) CEO, declined to comment. His lawyer, Andrew Levander, did not respond to a request for comment.

    Corzine, also a former senator and governor of New Jersey, left Goldman in 1999 with net worth estimated in the hundreds of millions. Just weeks before MF Global collapsed, he and his wife were chateau-shopping in the south of France, according to Vanity Fair magazine.

    "When you have an individual who has very deep pockets, then certainly lawyers that are pressing claims are going to be looking for some reason as to why that CEO or shareholder might be possibly liable," said David Epstein, a resident scholar at the American Bankruptcy Institute.

    In testimony before Congress, Corzine has acknowledged pushing the firm's risky investments in European debt but has denied ordering anything unlawful, including the misuse of customer funds. Although investigations of the firm remain in progress, neither Corzine nor any other staffers have been accused of wrongdoing.

    For customers, the lawsuits offer one more line of attack as they fight to recover their money. Some, though, are wary of such large-scale actions, said John Roe, a partner at BTR Trading Group who has advocated on behalf of MF Global customers.

    "I think it's totally legitimate to sue the board of directors and Corzine," Roe said, though he added: "Generally, the way these things play out is that the people in the class action get coupons for a free pizza and the lawyers get all the money." 

    Three Reasons Risk Assets Have Limited Downside

    From current levels, the downside risk in stocks (SPY), and risk assets in general, is probably not as significant as many believe. Three factors mitigate the risks relative to a gut-wrenching correction in risk assets: (1) the Fed, (2) the economy, and (3) a significant band of support in the S&P 500. These concepts apply to commodities (DBC) and commodity based currencies, such as the Australian dollar (FXA).

    Since global balance sheets from the consumer to the U.S. government remain impaired, one of the objectives of the Fed’s policies is to create conditions which can stabilize, and possibly inflate asset prices (houses, stocks, commercial real estate). As markets drop and prices fall, the asset side of the balance sheet is impaired even further. Therefore, the odds of significant intervention from the Fed increase as markets and asset prices fall. We believe Fed intervention would be radical and significant if the S&P 500 dropped below 943.

    click to enlarge images

    While there is no question the current recovery is weak, the odds of a GDP double-dip remain relatively low. Bob Doll, chief equity strategist for fundamental equities at BlackRock puts the odds of double-dip between 10-20%. In its latest global outlook, Barclays Capital said there is little chance for a double-dip recession and the recent economic slowdown is typical four-to-six quarters into a recovery. Pimco’s El Erian sees a 25% chance the US slips into a double dip recession. Morgan Stanley sees the odds being below 25%. Warren Buffet has also expressed his views on the lows odds of a double-dip recession. From TheStreet:

    Warren Buffett, CEO of Berkshire Hathaway and head public relations executive for the U.S. economy, found himself in the headlines again last week when he proclaimed that there won’t be any double dip recession. Buffett was unequivocal in his words, saying that it was “night and day” for the U.S economy now versus a year or year and a half ago. What’s more, Buffett didn’t just say he didn’t think a double dip recession is coming; he said it isn’t coming, end of story. There was no mincing of words or hedging of bets from the Oracle of Omaha. (Full Story).

    The third mitigating factor to downside risk relates to the S&P 500’s recent move above 1,131. While the chart below is busy, the concepts presented are simple. Given the relatively low odds of a double-dip, and the “Bernanke put”, we believe buyers would become interested should the S&P 500 revisit 1,095 to 1,120.

    The CCM Bull Market Sustainability Index (BMSI) is based on an overall technical composite of the U.S. stock market. The market’s current profile has produced attractive risk-reward profiles in the past, especially over the two-month to twelve-month time horizon (see green area in upper-right portion of the table below).

    The CCM 80-20 Correction Index is based on studies of significant market corrections. The current daily 80-20 value of 567 tells us roughly 80% of significant corrections began from more extended market conditions, or 80-20 Index values higher than 567.

    The Fed’s strong hints at another round of quantitative easing are a significant factor in many markets, including copper (JJC), silver (SLV), gold (GLD), and oil (USO). You may or may not agree with the Fed’s approach, but the reality of the situation is more QE is probably on the way. Our task is understand the Fed’s possible impact on asset prices.

    This article contains the current opinions of the author. The opinions are subject to change without notice. This article is for informational purposes only and should not be considered as investment advice or a recommendation of any particular security, strategy or investment product.

    Disclosure: Author is long SLV, JJC, USO, GLD

    Will S&P Downgrade Europe?

    Last week, Standard and Poor's warned the 15 EMU sovereigns that they may be downgraded. They expected "review of eurozone sovereign ratings as soon as possible following the EU summit scheduled for Dec. 8 and 9, 2011". They went on to state:

    Depending on the score changes, if any, that our rating committees agree are appropriate for each sovereign, we believe that ratings could be lowered by up to one notch for Austria, Belgium, Finland, Germany, Netherlands, and Luxembourg, and by up to two notches for the other governments.

    Now that the EU Summit has come and gone, what now?

    The effects of the "fiscal compact"

    I did some projections and assumed a number of problems of the latest "fiscal compact" away, such as the difficulties of treaty ratification, specification of enforcement mechanisms, etc. Using this handy tool from the Economist, I projected a probable path for selected eurozone countries. The blue line represents the base case estimates from the IMF and the red line are my revised assumptions. Since the latest "fiscal compact" amounts to nothing less than an austerity club, I made the following rather conservative changes to IMF assumptions to account for the more immediate fiscal tightening effects of austerity programs:

    • Growth slows by 0.5%
    • Inflation slows by 0.5%
    • Primary budget balance is reduced by 0.2%, which is also a side effect of austerity measures
    • Interest rate is the average of the current 5 and 10 year bond yield for that country

    The results aren't pretty. Consider Spain, a Club Med country. Debt to GDP is project to spiral upwards, worse than the base case estimate from the IMF (blue=oringal IMF assumptions, red="fiscal compact"):

    What about Portugal? The only silver lining is that things don't deteriorate as badly as Spain under these assumptions.

    Italy, the biggest Club Med country of all, doesn't fare all that well either as its debt to GDP gets out of control rather quickly. The problem of Italy lays the groundwork for another eurozone crisis in the near future.

    What about France? Oh, dear! It looks like Sarkozy is likely to lose his precious AAA credit rating.

    The only question at this point is whether it will be one or two notches. This chart below compares the France under my new projections with the United States under IMF's base case projections. At least the French are outperforming the Americans...

    The only country that fares reasonably well under these revised assumptions is Germany, whose debt to GDP ratio continues to contract. Even then, its deficit to GDP measure won't be below the magic 60% target, which would suggest further fiscal tightening under the terms of the "fiscal compact".

    This analysis indicates that the fiscal balance of major eurozone countries will deteriorate under the terms of the new "fiscal compact", which leads to the conclusion that a wholesale downgrade of many eurozone sovereigns is very likely.

    Setting the stage for another debt crisis

    The next question for me was, "How much more risk would a credit downgrade introduce to the eurozone?"

    Using this data from Jason Voss of the CFA Institute, I constructed a spreadsheet for the likely rollover of debt in 2012 of selected eurozone countries as a measure of the degree of funding stress they may have to undergo. (All amounts are in billions of euros.)

    In his article, Voss showed the likely rollover of debt as a percentage of GDP for all eurozone countries. I then went to the IMF website and looked up the projected 2012 GDP by country to calculate the projected rollover figure for 2012. Italy is one of the more problematical as it is scheduled to rollover over €300 billion in 2012 (even this estimate may be low as others have cited a figure of €440 billion). Surprisingly, France will need to come to market with nearly €400 billion and the German rollover comes close to €600 billion.

    If you include all the major eurozone countries together, they need to roll over €1.8 trillion in 2012, or 19% of estimated GDP. Supposing that we assume that Germany will have no trouble rolling its debt and excluded her from 2012 financing needs, then the eurozone debt market will see roughly €1.2 trillion in sovereign debt issues - an astoundingly large number. The PIIGS alone will need to finance about €700 billion next year.

    These are very large numbers. Given that European banks are in the process of shrinking their balance sheets, which will reduce their appetite for sovereign paper, where will the money come from? The combination of EFSF and ESM? But the funding for the EFSF and ESM come from the eurozone sovereigns. Can they loan money to themselves?

    What about the IMF? There was some discussion that some sovereigns, e.g. Germany, could lend to the IMF, which when then lend it back to troubled European country, e.g. Italy. However, the total amount of that facility amounted to €200 billion.

    The size of the ESM, EFSF and new IMF facility is simply not enough. It's like sending out a riot squad of 10 police officers with helmets and batons to face an angry mob of a thousand people. If the mob stampedes, the results won't be pretty.

    What about the ECB? Mario Draghi made it clear that the ECB would cap bond purchases to €2 billion a week (when actual recent purchases have amounted to roughly €1 billion a week). The total cap adds to about €1 trillion a year, which could be a big bazooka if it was un-sterilized. However, such intervention would be sterilized, which begs the question of where the money to buy the ECB's sterilized paper would come from.

    This analysis tells me to be prepared for more volatility and crisis summits in 2012, if not before.

    Disclaimer: Cam Hui is a portfolio manager at Qwest Investment Fund Management Ltd. ("Qwest"). This article is prepared by Mr. Hui as an outside business activity. As such, Qwest does not review or approve materials presented herein. The opinions and any recommendations expressed in this blog are those of the author and do not reflect the opinions or recommendations of Qwest.

    None of the information or opinions expressed in this blog constitutes a solicitation for the purchase or sale of any security or other instrument. Nothing in this article constitutes investment advice and any recommendations that may be contained herein have not been based upon a consideration of the investment objectives, financial situation or particular needs of any specific recipient. Any purchase or sale activity in any securities or other instrument should be based upon your own analysis and conclusions. Past performance is not indicative of future results. Either Qwest or Mr. Hui may hold or control long or short positions in the securities or instruments mentioned.

    Looking For Action? S&P 1500 Most Volatile Stocks

    For traders with a more short-term time horizon, we have compiled a list of the S&P 1500 stocks trading above $10 that have the largest intraday high-low ranges (based on the average percent spread between the intraday high and low over the last 50 days). We then grouped the stocks based on whether they have a rising or falling 50-day moving average. Stocks highlighted in gray are new to this month's list. For the first time in several months, the number of volatile stocks on this month's list with rising 50-day moving averages is greater than the number of stocks with falling 50-days.

    The most volatile stock on the list is Lumos Networks (LMOS), which averages an intraday range of 8.3%. With its wild swings (mostly to the downside) over the last month, Diamond Foods (DMND) remains one of the most volatile stocks on the list with an average daily high/low spread of 8.0%. One newcomer to this month's list is Sears Holdings (SHLD), which has seen an average daily range of 5.3%.

    Given the market's volatility from August through the end of 2011, traders had a plethora of volatile stocks to choose from. At least to start this year, however, traders have had a tougher time finding volatility. So far in 2012, the S&P 500 has only had one 1%+ move in seven trading days, and that was on the first trading day of the year. This contrasts to the last five months of 2011 where the S&P 500 averaged a 1% move more than once every other day!

    Solution To The Yield Dilemma? Dividends

    The bond investor's dilemma: how to crank out more yield without jeopardizing capital. These days it's nearly impossible. Returns are at historical lows.

    My solution: Chuck your corporate bonds and move into the corporations' stocks. That way, you get far more for your buck. Dividend yields can be significantly higher than those paid by the same companies' bonds.

    Example: Here's a bond portfolio maturing in 10 years, investment grade, comprising Progress Energy (PGN), McDonald's (MCD), Kimberly Clark (KMB), Merck (MRK), and Unilever (UN), yielding on average 2.3%. $100,000 equally divided among the 5 bonds pays $2300 a year. Do you sleep well at night holding this investment?

    Most of the bonds have run up over 10% in price in the last year. Even the hint of inflation could crater your bond holdings. The group could easily drop 10% over the next year, all for a meager $2300. It's not a restful night portfolio despite being comprised of investment grade bonds.

    What to do? Drop the bonds and move your cash into the stocks. The stock portfolio pays a more appealing 4%. This $100,000 stock selection pays $4000 a year. As for sleeping at night? Kimberly and McDonald's consistently raise dividends. Merck just bumped its, after a long slumber. Unilever has been increasing its payout. Progress Energy has gradually upped its dividend. It's due for an increase. You can sleep well: your yearly payments are likely to go up.

  • Progress Energy (PGN): $16 billion market cap, PE 20, Dividend 4.6%. Electric Utility in North and South Carolina, Florida
  • McDonald's (MCD): $97 billion market cap, PE 19, Dividend 3%. Fast Food.
  • Kimberly Clark (KMB): $28 billion market cap, PE 17, Dividend 3.9%. Diapers, Tissues, Healthcare.
  • Merck (MRK): $110 billion market cap, PE 25, Dividend 4.7%. Healthcare.
  • Unilever (UN): $95 billion market cap, PE 16, Dividend 3.7%. Consumer Goods. Dutch company.
  • Disclosure: I am long KMB.

    Thursday Options Recap

    Sentiment

    Stocks battled back from early weakness and are trading mixed late Thursday. Economic data was in focus early after the Labor Department reported that its Producer Price Index [PPI] rose a greater-than-expected .7 percent in March. Economists were expecting the gauge of inflation at the wholesale level to rise .2 percent. The spike in the PPI seemed to overshadow a report that showed jobless claims falling by 24,000 to 456,000 last week. Economists were looking for a drop of about 30,000. Meanwhile, the euro remained under pressure on fresh fears about Greece and its debt situation after a report showed the country's deficit widening to 13.6 percent last year. The day's earnings news didn't help much. Dow component Verizon (VZ) slipped on earnings, and 8 percent post-earnings declines in EBAY and Qualcomm (QCOM) weighed on the tech-heavy NASDAQ.

    Yet, the major averages were steady by midday and, with help from better housing data and a late-day rally in Goldman Sachs (GS) shares, trading has turned mixed. Heading into the final hour, the Dow Jones Industrial Average is down 25 points and the NASDAQ up 5.7 ahead of Microsoft's earnings after the closing bell. The CBOE Volatility Index (.VIX) hit a morning high of 18.19 and was recently up .05 to 16.37. Trading in the options market is active, with 7.5 million calls and 6.8 million puts traded so far.

    Bullish Flow

    Big Prints in Fannie Mae (FNM) after a strategist bought 52500 June 1 puts for .10 to sell 53000 January 2012 $1 puts at 29 cents. Shares are flat at $1.22. The action looks similar to trade seen on Feb 5 when a strategist sold the Mar – Jan 2012 $1 put spread 118,000X — which was apparently a roll from Mar to Jan2012s. Today's spread looks the same and is possibly a premium seller willing to buy shares at $1 (minus the money collected for selling puts) should FNM dip back below $1 per share by the January 2012 expiration.

    Sandridge Energy (SD), the Oklahoma City oil and gas driller, is up 6 cents to $7.37 after Susquehanna initiated the stock with a Positive and $11 price target (the firm initiated coverage on 10 oil and gas producers today.) In the options market, one noteworthy trade in SD is a buyer of Jul 7.5 calls at 49 cents, 8950X, on PHLX. 14.7K now traded vs. 23.2K in open interest.

    Bearish Flow

    CenturyTel (CTL) is down 93 cents to $35.27 and options volume is running 12X the recent average daily after the company announced plans to buy Denver's Qwest Communications (Q), to create the nation's third biggest local phone service and Internet company. CTL shares are down on the news and the top trade of the day is the sale of 4800 June 35 calls at 85 cents, which was part of a buy-write (72.5 cents over). May 35 calls are the most actives and the action also seems dominated by premium sellers. 8655 traded (54% Bid/45% Mid) vs. 1933 in open interest. Implied volatility is down about 5 percent to 15. The overall tone of trading in the options market seems to reflect lukewarm enthusiasm for the deal.

    Implied Volatility Movers

    Western Union (WU) is down 2 cents to $17.42 and bullish flow detected, with 7784 calls trading, or 4x the recent avg daily call volume. The focus is on the June and Aug 20 calls. The top two trades: 2850 Aug 20s at 35 cents and 2800 Jun 20 calls at 15 cents, both opening customer buyers on ISE, according to sentiment data. June 17.5, Nov 20, and May 17.5 calls are seeing interest as well. Implied volatility is up about 6.5 percent to 32.5 ahead of an April 27 (before market) earnings release.

    Tuesday, November 27, 2012

    We Could Have a Strong Finish to January

    Boston Federal Reserve Bank President Eric Rosengren gave the bulls another reason to rally on Friday, saying expansion must become more stable and broad-based before the Fed reverses its current policy, and even more stimulus may be needed if the housing market hampers the rebound.

    Like it has been in the past, Intel (INTC) itself finished down, but it seems like its Capex allocation sparked a wild chasing of semiconductor-related stocks. In addition, banks were very strong after JP Morgan's (JPM) earnings Friday morning.

    With options expiration, month end and government support, we could have a strong finish to January. Earnings season is just beginning and the very important report from Apple (AAPL) will come after the close on Tuesday.

    5 Superball Stocks

    When stocks fall fast and far, they sometimes set themselves up for remarkable rebounds. The following equities suffered dramatic drops over the past week. With help from the 180,000 members of Motley Fool CAPS, we'll see whether any of them have the potential to bounce back.

    It's been a while, but thanks to last week's sell-off, we once again have a chance to stand beneath Mr. Market's silverware drawer in hopes of snagging a bargain. Let's meet today's contenders:

    Company

    How Far From 52-Week High?

    Recent Price

    CAPS Rating (out of 5)

    SandRidge Energy (NYSE: SD  ) (45%) $7.22 *****
    ATP Oil & Gas (Nasdaq: ATPG  ) (69%) $6.50 ****
    Niska Gas Storage (NYSE: NKA  ) (53%) $9.36 ****
    Polypore International (NYSE: PPO  ) (36%) $46.83 ***
    AK Steel (NYSE: AKS  ) (50%) $8.79 ***

    Companies are selected by screening on finviz.com for abrupt 10% or greater price drops last week. 52-week high and recent price data provided by finviz.com. CAPS ratings from Motley Fool CAPS.

    Five super falls -- one superball
    After taking a brief breather from its strong run in January, the Dow resumed its upward march last week, ending 1.6% higher than it began. Not everyone's cheering, though. In fact, more than 100 stocks -- including the five named above -- were literally decimated, losing 10% or more of their�market cap�in just a few short days. So what went wrong?

    Steelmaker AK Steel was bouncing along just fine early in the week -- up a little here, down a little there -- until on Thursday it suddenly imploded. Citing fears that AK might need to pay for pension costs by selling shares to raise cash (since it seems incapable of generating cash from selling steel), Bank of America downgraded AK shares to underperform. AK ended the week down nearly 12%.

    In other news, filters-maker Polypore got crushed Tuesday. Key customer LG Chem announced it was getting into the battery separator business, and analysts warned LG might not need to buy separators from Polypore anymore. The shares rebounded a bit as traders closed their shorts, and investors began to think the selling had become overdone. Even so, Polypore remained down 16% for the week.

    Of course, some of the biggest damage done last week was in the energy sector, and in particular, the natural gas industry. Citing overflowing ("overfloating"?) supplies of natural gas that have accumulated over a long, warm winter, The Wall Street Journal voiced worries Friday that nat-gas prices -- already in the dumps -- might actually turn negative if demand doesn't pick up soon. You read that right: The Journal is saying we could soon see a scenario in which nat-gas companies have to pay people to take gas off their hands.

    Scary. And as you can imagine, it's not doing any favors for the stock prices of Niska Gas Storage or ATP Oil & Gas. The report of a quarterly loss (Niska) and a downgrade from Rodman & Renshaw (ATP) didn't help, either.

    Even trying to deal with the situation seems to hold some peril. In its continuing effort to raise cash to invest in non-nat-gas projects, SandRidge Energy has already spun off two subsidiaries, SandRidge Mississippian Trust I and SandRidge Permian Trust. Last week, the company put some of this cash to work, buying Dynamic Offshore Resources for $1.3 billion. Wall Street balked at the price, selling off SandRidge by as much as 14%. Yet Foolish investors on CAPS still rate SandRidge the best bargain among last week's heavily sold-off stocks. Why?

    The bull case for SandRidge Energy
    CAPS All-Star smsheldon keeps the buy-thesis simple: After "4 years of alternative enegy flops, Oil will continue to be King."

    Fellow All-Star SilverHawk27 notes that SandRidge has "strong revenue, but a stock price only a fraction of it's value a couple of years ago. With oil prices staying high, this stock is undervalued."

    And weinbpa argues that "Tom Ward the CEO is opportunistic and the market does not regard the deals he has done as worthy, but in the end SD will come through."

    There's some basis for this hope. As of December 2011, SandRidge proper boasted proved reserves of 471 million barrels of oil equivalent. The Dynamic acquisition will boost that number to 533.5 MMboe. SandRidge calculates that these reserves should be worth about $8.8 billion in total. Yet after last week's sell-off, the stock costs less than $3 billion by market cap. Add in net debt, and its enterprise value is still just $5.4 billion -- implying a 39% discount to fair value.

    Foolish takeaway
    Now, I wouldn't go taking that discount for granted. There's still the matter of free cash flow to consider -- as in, SandRidge doesn't have any. But the Dynamic purchase will at least move the needle in the right direction. Management notes that Dynamic is generating free cash at the rate of $200 million a year, as compared to SandRidge's own record of $1.3 billion annual cash burn.

    Personally, I won't be buying the stock until I see free cash flow turn finally and definitively positive. But for anyone who believes SandRidge will get there, and that the Dynamic acquisition helps move it down the road, last week's 12% decline in stock price makes it a little bit cheaper to make that bet.

    Are you a fan of the Fool? Do you like SandRidge but prefer to invest in stocks that both look good on the surface and have "the Fool seal of approval"? Read our new report on the energy sector, and discover what we think is "The Only Energy Stock You'll Ever Need."

    Thursday ETF Roundup: XHB Soars On Housing Data, GLD Continues To Sink

    Domestic equity markets staged a solid comeback today following yesterday’s dismal sell-off. Better-than-expected housing market data bolstered markets higher on the second to last trading day of the year; the Dow Jones Industrial Average led the way higher, gaining 1.12% on the day, while the Nasdaq lagged behind, posting a gain of 0.90%. Upbeat economic data on the home front sent gold lower for the third day in a row this week, while crude oil climbed higher alongside equity markets. Prices for the precious metal and fossil fuel closed near $1,550 an ounce and $99.70 a barrel, respectively.

    Stocks on Wall Street bounced higher on Thursday as positive economic data gave traders a good reason to recoup losses from yesterday. Optimism was further bolstered on news that Lowe’s bough online home-improvement retailer ATG Stores to expand its Internet presence. Industrial and financial stocks charged ahead of the pack as Chicago PMI data came in better-than-expected. Investor confidence in domestic stock markets improved considerably as the S&P 500 Volatility Index (VIX) dropped close to 4%, settling below the 23 mark for the day.

    The State Street SPDR Homebuilders ETF (XHB) was one of the best performers on the day, gaining 3.60%, following surprisingly good U.S. housing market data. The National Association of Realtors reported that pending home sales rose 7.3% in November, sailing past analyst expectations. Despite a string of better-than-expected U.S. housing market data releases, XHB has endured rocky times in 2011 as a whole. This ETF is just barely in negative territory in terms of year-to-date performance.

    The State Street SPDR Gold Trust (GLD) was one of the most notable losers on the day, shedding 0.46%, as gold prices tumbled for the third consecutive trading session this week. Futures prices for the precious yellow metal dipped as low as $1,523 an ounce mid-day, although buyers stepped in and pushed the price near $1,550 an ounce as the trading session drew to a close. Seth Rabinowitz, who covers commodities as a partner at Silicon Associates, commented that traders are likely “liquidating their gold positions before year end, locking in last-minute profits in a mad rush to raise capital ahead of the last 2011 market close."

    Disclosure: No positions at time of writing.

    Disclaimer: ETF Database is not an investment advisor, and any content published by ETF Database does not constitute individual investment advice. The opinions offered herein are not personalized recommendations to buy, sell or hold securities. From time to time, issuers of exchange-traded products mentioned herein may place paid advertisements with ETF Database. All content on ETF Database is produced independently of any advertising relationships.

    Original article

    Toyota Off 2%, Ford Up 2%; Prius Recall Could Start Tuesday

    As rumored on Friday, Toyota Motor (TM) is expected to expand its recall in the U.S. of risky vehicles to include its Prius hybrid, according to a Dow Jones Newswire report this morning, citing Japan’s Kyodo news.

    Toyota shares this morning are off by $1.49, or almost 2%, at $73.22.

    The move could come in Japan first, as early as tomorrow, and shortly after in the U.S. and could affect more than 270,000 vehicles between the two countries. , according to the report. The recall is reportedly prompted by issues of defective software for the Prius’s break system.

    Meantime, The Journal today carries an interview with Honda Motor’s (HMC) CFO Yoichi Hojo in which he warns the problems at Toyota could dent consumers’ faith in the quality of vehicles and safety issues broadly. Honda is planning to step up its auto incentives to try and take advantage of the situation.

    Honda shares are down 53 cents, or 1.5%, at $33.96.

    Ford (F) shares are up 22 cents, or 2%, at $11.13.

    F5 Falls 8%: Deutsche Cuts Estimates on Economic Woes

    Deutsche Bank’s Brian Modoff today reiterates a Buy rating on shares of F5 Networks (FFIV) while trimming his price target to $140 from $150 to account for lower estimates based on macroeconomic concerns.

    Modoff cut his estimate for the June-ending fiscal Q3 to $351 million in revenue and $1.12 per share from $354.6 million and $1.14, cut next quarter’s estimate to $372 million and $1.18 from $382 million and $1.21, and cut next fiscal year’s estimate to $1.65 billion and $5.26 from $1.68 billion and $5.35.

    According to Modoff, his conversations with IT shops indicate reluctance to spend, while at the same time, trends for F5′s own product sales are somewhat better than expected:

    Basis for our estimates adjustment is our latest research, with IT decision makers and with the IT channel, suggesting near-term macro-driven weakness influencing large enterprise IT spending and product upgrades (bulge brackets, high technology, diversified services, etc); potentially impacting F5�s Q3 results and the 2H+ outlook.
    Offsetting our near-term caution is positive data from our research suggesting above target trends in F5�s datacenter firewall and web application security business, solid growth prospects in telco (Traffic Steering and Diameter use cases), and a robust core ADC business that could see Viprion upgrades from the Romley server product cycle, and from Private Cloud rollouts, continued adoption of SaaS, etc.
    We also note positive trends in the sales of value-add software modules such as Access Policy Manager, Application Security Module, etc. These modules run on the BIG-IP and Viprion platforms, and are among the basis for F5�s TAM expansion and growth story.

    Shares of F5 today are down $9.71, or 8%, at $108.13.

    What Obama Slipped by Us on New Year’s Eve

    Pay close attention. This is how it happens…

    President Obama found a moment of reduced visibility, in an unwatched hour on New Year’s Eve, to sign the latest assault on the Fifth Amendment. In signing the National Defense Authorization Act of 2012 on New Year’s Eve, Obama knew the nation’s attention would be diverted by revelry, football, New Year’s Day and a Monday national holiday.�

    In case you haven’t heard, the National Defense Authorization Act allows the government to detain people indefinitely — yes, it includes American citizens who can be taken even on our native soil and imprisoned — merely on the basis of accusations.�

    The measure is “so radical,” says Human Rights Watch, “that it would have been considered crazy had it been pushed by the Bush administration.” And although Obama appended a signing statement as he put his name to the act, solemnly assuring the nation that the power he insisted on having won’t be used recklessly, it is a political gesture that has no more force of a law than attaching a little yellow sticky note to the bill. If the clear language of the Constitution itself cannot bind the governing classes, it is hard to imagine a post-it note having much effect on the current or future presidents now that the indefinite detention of Americans without trial has been legislatively countenanced.

    There you have it in a nutshell, the new American way: Guilty until proven innocent. This is how once-free people slip into state tyranny and slide into martial law.�

    Political figures are always careful to paper over their power grabs with spurious legalities and midnight measures, granting themselves the rights they are appropriating. No matter how flimsy the pretext, no matter how forbidden the act, everything must be formalized and enabled. Overturned rights and the pretext of legality.�

    That is how the Fourth Amendment was trashed � marginalized by a document called the Patriot Act. And now the Fifth Amendment is under attack.�

    But you shouldn’t be surprised. If the president of the United States can have you, an American citizen, assassinated on his own say so, how much of a shock is it to find that he can have you arrested and held without any of that pesky Fifth Amendment due process business?�

    Of course, in trying to outdo Bush, Obama has all along claimed the right to detain Americans without interference from the Bill of Rights. In making this extraordinary claim, Obama relied on the 10-year-old Authorization for the Use of Military Force, the measure authorizing the pursuit of those responsible for 9/11. But now this broad interpretation of the authority to go after the likes of Osama bin Laden has been extended to nullify whole sections of the Bill of Rights. Obama’s reading of his authority, radical to begin with, has now been handed to him in a statute, codified in a pile of paperwork called the National Defense Authorization Act, and tucked right in with the Pentagon’s budget. It’s all part of the forever war on terror, after all.

    And if the assault on the Fifth Amendment weren’t enough, the Sixth Amendment was put on the table as well. Remember, that’s the one about “a speedy and public trial” and “an impartial jury.” Well, that’s all but flushed. Forget “speedy.” And “public” just left town. You can now be detained without a trial at all. Indefinitely.��

    America’s Slippery Slope

    How many points on the line does it take to recognize our downward slope into state lawlessness? Do we really need more than just the state claiming the right to arrest and hold the people without due process? Does it take more than the state assuming the right to assassinate them?

    Warrantless surveillance? Torture? The state secrets privilege? Critics of the National Defense Authorization Act say it makes it easier for the government to render citizens to fascist proxy states where they can be tortured. Is that enough points on the line to see where we are headed?�

    Can the slide into state militarism be seen in serial wars, all undeclared? In the trillions of war spending that won’t be refused? Or in drones prowling overhead in what used to be called “our country,” but has now been renamed with a term that echoes Nazi Germany: The Homeland?

    Perhaps it is a slope that can be discerned in the threat of violence as the first tool of diplomacy. In the paramilitary forces and SWAT teams that are now part of virtually every federal department and agency. In the Freudian envy with which local police departments across the land ape the dress and manner of military operations. In the TSA Viper (Visible Intermodal Prevention and Response) teams that have now moved their surveillance of the American people beyond the airports and put them on the open streets of das Heimland.� ���

    It happens in every power grab in modern times. Like the National Defense Authorization Act, there is always a legalistic pretext upon which the power grab of the state relies. Lenin consolidated his control under the cover of a blizzard of legalistic decree-laws. Hitler promulgated his emergency decree “For the Protection of the People and the State” on the day of the Reichstag fire. That was followed by the “Enabling Act,” which declared that laws of the Reich could deviate from the constitution.�

    Paper pretexts all, slow-motion coups in the small hours conferring the appearance of legitimacy as they subvert the people’s freedom.

    Of course, most of the national news media, the lapdog press, will miss the latest assaults on the Bill of Rights. But do not assume it’s because they were all hung-over. It’s easier to believe that they just don’t care. If there is any dissent at all about this power grab, it will not be because of the attack on your freedom. The national talk shows will see it as important only to the extent that it allows their favored team, red or blue, to move the ball down the field.�

    But where are America’s sworn defenders of the Constitution? With arms raised, all federal officeholders mouth the words, “I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same�”�
    Where are the Democrats who made that vow, those who were worked into a frenzy by the Patriot Act and Bush’s abuses of the Constitution, including warrantless eavesdropping? Where are they now that Obama’s abuses are out-Bushing Bush?�

    They are in the same silent space occupied by the Republicans who denounced Clinton’s unconstitutional and undeclared warfare until Bush went to war without a declaration. It is a silent space large enough to accommodate all the Republican and Democrats alike who make empty vows of empty words.�

    Believing not one thing or the other, they make fitting companions for the cowards Dante described as hateful to both God and his enemies: “The heavens, that their beauty not be lessened, have cast them out, nor will deep Hell receive them – even the wicked cannot glory in them.”

    So pay close attention. This is how it happens.