Wednesday, November 26, 2008

Economic Turmoil. Financial Losses

November Stock Market Wrap-up. Financial Market Commentary.


As we approach Thanksgiving, I want to wish you happy holidays and offer my best wishes for you and your family. This is a time when many take some time to think about what they have to be thankful for over the last year. My list is certainly shorter than last year, with all the economic turmoil and financial losses. We all know it has been a very troubled time for the economy and financial markets, so I am fervently hoping to add their recovery to my list next year.

While I think the economy will continue to produce ugly statistics in the months ahead, some things do appear to be getting better for financial markets over the last few days. Importantly, President-elect Obama has been putting his team of advisors and Cabinet officers together, and I think he has made good choices of seasoned people. He has designated the current head of the New York Federal Reserve, Timothy Geithner, as his Secretary of the Treasury. I view this as a very good choice in that Mr. Geithner has been working very closely on many aspects of the financial recovery program with current Secretary of the Treasury Henry Paulson, Federal Reserve Chairman Ben Bernanke, FDIC Chair Sheila Bair and others. So I think Geithner is already up to speed, and the last two weeks’ apparent divergences in opinions between the current and incoming administrations on what should be done will likely diminish. And I think Paulson, Bernanke, and Bair have been doing a good job and will continue to do so through the transition.

As a big example of why I think they’re doing a good job, last weekend the Treasury, the Federal Reserve (Fed) and the FDIC announced a second round bailout of Citigroup (Citi) that, I think, signals a restart and a major change of direction for the Troubled Asset Relief Program (TARP). Rather than the Treasury just directly buying troubled assets, as was considered earlier, the term sheet gives the government a great deal of control over management of the securities and loans being guaranteed, executive compensation, and dividend payments, and provides for substantial up-front deductibles from Citi in the event of further loan losses. In return for the $20 billion capital injection to Citi by the Treasury, the Treasury and the FDIC got $27 billion in preferred shares and warrants. More importantly, a net of more than $250 billion of Citi’s troubled loans will be guaranteed by the Treasury, the FDIC, and the Fed, which provided a large non-recourse loan guarantee for losses.

Including all three government entities in this new TARP process appears to me to be beneficial, and this model may be a more workable one for lifting risk out of other banks. The FDIC has experience with troubled loan management, while the Fed has essentially unlimited resources to guarantee asset pools. If the government can, in effect, lift a net of more than $250 billion in risk off the bank’s balance sheet for an upfront cost of $20 billion, then if need be they could lift more than $4 trillion in risk out of the banking system with the $350 billion second tranche in the TARP! I doubt there is that level of need, but it now appears that the Treasury and the Fed have sufficient ammunition to fight this crisis.

All these changes have, one more time, breathed life into the very distressed U.S. equity and credit markets. Is this the bell ringer that the stock and bond markets have hit bottom? Again, nobody knows, but I am encouraged by these new policy actions and see both the incumbent as well as the incoming Administration as demonstrating renewed determination to do whatever it takes to resolve this financial crisis and limit the damage to the economy. We’ve seen a solid rebound in equity markets last Friday and Monday, with the S&P 500 recovering 13.2%. But we have a long way to go, and it is possible we could go back down again if, on balance, market participants decide they have not sufficiently priced in the depth or length of the recession or there is some new calamity. On the other hand, at the low hit last Thursday, the dividend yield on the S&P 500 was above 4%, to me representing a valuation extreme in a low inflation environment.

As we enter this holiday season, I expect the bad news on the economy will outweigh the good news for a while. The recession will be difficult and trying. Financial markets will likely remain volatile. There are a lot of things that are broken, but there are a lot of policy actions already underway to fix them, with more to come. If there is one thing I am sure of, it is the ability of American people to absorb these shocks, pick up the pieces, and get going again.

I wish you all the best this Thanksgiving.

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Tuesday, November 25, 2008

Football Naked Streaker Caught On Tape

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Tuesday, November 18, 2008

Surviving The Recession

Stock Market - Recession November Investing

I have been asked why I did not foresee the pattern of events that led to this sizable collapse in the financial markets. I’ve asked myself the same question. Although the troubles started with subprime debt, a relatively small part of the debt market, they snowballed; producing losses in global equity markets about thirty times the total amount of subprime debt outstanding. My search for the answer has taken me through an examination of what we now know to be deeply flawed parts of the financial system, very, very poor decision making by Wall Street and other financial institutions, poor security selection and extremely high leverage in these firms’ balance sheets, along with lax regulatory oversight, rating agency failures, serious market design failures and the like.

Recent discussions regarding our nation’s aging highway infrastructure set me thinking about the parallels with our aging financial infrastructure. With bridge failures, how can experienced engineers and bridge builders charged with maintaining and repairing aging bridges not see the danger? I know bridges are complex, but there they are, right in front of their eyes. They have the blueprints, construction and repair histories, are aware of prior disasters, but still sometimes miss the gravity of the situation. There are many possible factors in a bridge failure; design and construction mistakes, inadequate inspection, maintenance, and bad repair decisions over the years. Once a collapse has occurred, it is much easier to see the failures and their causes.

It is the same with our financial system. You may not know, but the basic structure of our system was put in place more than seventy years ago. We now see there were significant design flaws. Of course, over the years some of the flaws were addressed with revisions and new legislation, but some of the repairs were insufficient. And some attempts at repair actually did damage, like, in my opinion, the repeal of the Glass-Steagall Act. Also, the regulatory environment became too lax—a case of inadequate inspection. And bear in mind that the folks making a lot of decisions and revisions to the system over the years were mostly not experienced financial system engineers; they were politicians. They were making decisions to fix things in response to observed weakness, but also in response to interest group pressure, political and social objectives and other factors that ended up, on balance, weakening the system’s integrity. Over seventy years, a lot of bad decisions can accumulate. Most folks knew there were problems with the system, but very few saw with clarity the extreme nature of the risk and could articulate the problems in a convincing fashion. It is one thing to say the sky is falling; it is another to have a cogent, detailed explanation of why it is falling that will convince others to act. The subprime debt problem proved to be the last straw for a weakened financial structure.

As with bridge failures, parts of our financial system collapsed suddenly, and now we have to assess the damage, figure out short-term work arounds, come up with short-term solutions to get the system up and running again, get rid of the rubble, study the mistakes made and learn from them, soberly design the new system, get agreement on the blueprint, and then rebuild. I am convinced the result will be a much stronger, much less risky and better designed financial system. Certainly still somewhat flawed given the political process, but much sounder with seventy years of accumulated design flaws and repair errors cleared out. And those errors are now very much in view; such is the nature of collapses.

Current Congressional, Federal Reserve, Treasury and other U.S. agency actions are in my view dealing with short-term disaster recovery operations. There will likely be more such action coming from a lame duck session of Congress. We have already lost sizable wealth from the financial system collapse and are now, in my opinion, in what will be a significant recession with losses in income and employment. While I expect at least six months of bad economic reports, I think, but am by no means sure, that the big loss in wealth in equity and debt markets is behind us. Although financial markets may, like bridges, collapse pretty fast; economic downturns and recoveries take more time. However, I do not believe these problems will hold us back for too long. Given the actions taken to date, I think the chances of another depression are very slight. I continue to expect an economic recovery next year.

The next phase will be making sure we have the right programs and policies to minimize collateral damage (the recession) and then next year move into the "learn from mistakes, redesign, get agreement on the blueprints" phase and then get going on rebuilding the financial system. There will be plenty of stuff that gets chucked, some quickly. In my opinion we are not going to have unregulated mortgage originators or complex unworkable securities being issued, we are not going to have highly levered financial institutions with unreadable balance sheets, or unregulated hedge funds and credit default swaps. We will have a highly regulated financial system from top to bottom with very complete reporting of transactions, positions and risk. All these potentially risky hidden business practices, securities, balance sheets and new innovations are going to be subject to much more stringent inspection. Thankfully, a large number of community and regional banks avoided these horrendous problems and are functioning relatively normally.

So what have I learned from all this financial destruction that has exposed so many flaws and provided so many painful lessons? Plenty. I have laid aside the frustration I felt at seeing such widespread stupidity and cupidity and am learning and moving ahead constructively. I will be laying out my lessons learned in future letters. Again, I do not know that we are at a market bottom, but do think the risks are more balanced given the damage done.

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Friday, November 14, 2008

Washington State Sues SEO Company

Washington State Sues SEO Company Visible.net


Yep...you get what you pay for. Those SEO companies that soliciate without cause, send spam emails, make guarantees that cannot be kept, break the rules of ethical SEO practices better take notice!!

The Washington State Attorney General announced in a press release yesterday that it was suing a Redmond-based SEO company, Visible.net. According to the Complaint, Visible also does business under the name WebMarketingSource.com, Caputures.com, and Captures.com (that's not a typo). The AG also names the owner of the companies, Gilbert Walker, as a defendant in the case.

The defendants sell website design, SEO, and other internet marketing services, along with providing e-conmmerce services to process online purchases for merchant customers. They promote their services through their website and by telemarketing. Packages include an intial startup fee of 3,749.99 up to $9,749.99 plus a monthly fee of $39.9 to $99.99.

“When it comes to Internet search results, every small business wants to pull rank,” Attorney General Rob McKenna said. “Merchants hoping to increase their online sales paid thousands of dollars to Visible.net and Captures.com but didn’t always receive the top listings and other services they were promised.” The Ag's Consumer Protection High-Tech Unit, said that AG's office and the Better Business Bureau have received nearly 90 complaints about the defendants, showing a pattern of recurring problems since at least 2005.

Washington filed the lawsuit on behalf of consumers and accuses the companies and their owner of violating state consumer protection and telemarketing laws. The complaint makes the following claims:

Defendants misrepresented their ability to increase their customers' traffic, ranking, and sales.

Defendants misrepresented that their customers will obtain increased sales by using defendants' services, for example stating that they will have "more busienss than they can handle," that they will be making money within "60 to 90 days," and that they will have a "hard time keeping up with Internet orders."

Defendants also misrepresented that they are affiliated with other marketers in order to sell services to prospective clients. For example, they falsely represented that they are affiliated with Specialty Merchandise Company, a drop-ship. SMC is a "membership program" whereby member/resellers pay a monthly fee for the right to advertise and sell products that SMC directly ships to their members' customers. The defendants directly solicited these members, claiming that they were affiliated with the company. A number of consumers agreed to p[urchase defendants' services in the mistaken belief that they are, in fact, affiliated with SMC.

The defendants are also accused of wrongfully claiming that its customer services representatives can be reached at any time when, in fact, customers are often unable to reach representatives and sometimes do not receive return calls.

Defendants allegedly failed to provide refunds or honor cancellation requests. They continued to bill the credit cards of some consumers who have attempted to cancel and submitted alleged debts to collection agencies.

The defendants also failed to register with the Washington Department of Licensing as commercial telephone solicitors and failed to provide written confirmation of a consumer's rights under the Commercial Telephone Solicitation Act.

The AG is seeking civil penalties and consumer restitution in addition to a court order halting the deceptive practices.

Visible.net has not yet issued at statement about the lawsuit, but a representative said that they will probably post something on their blog.

I'll keep you updated as the case develops.

Best Regards,
Sarah L. Bird

Tuesday, November 11, 2008

Fake FedEx E-mails Flood the Web

Fake FedEx E-mails Flood the Web

A new e-mail malware campaign has hit record levels in the past 24 hours.

More than 21 million spam e-mails claiming to be notification of non-delivery from FedEx (NYSE: FDX) have hit the Web, managed e-mail security vendor MX Logic's vice president of information security Sam Masiello told InternetNews.com.

This accounted for about 80 percent of all the e-mail borne malware over the 24-hour period, Masiello said.

This is the third round of e-mail spams purporting to come from courier companies in the past few weeks, and the one with the highest volume, according to Masiello. The first two purported to be from UPS (NYSE: UPS) and DHL, but "they only numbered in the tens of thousands," he added. "That goes to show you what good social engineering and a well-known brand can do for you."

Social engineering is the art of manipulating people into doing something like going to a Website, or divulging confidential information. Many spammers either get their victims to click on Web sites that download malware into their computers or get them to provide their personal information through various pretexts.

The fake FedEx e-mails use various come-ons, such as including a tracking number or claiming the recipient has a package in the subject line. According to MX Logic, the e-mails say the recipient sent a package on July 25 but it had not been delivered because the address was incorrect, and ask the recipient to print out an attached invoice and collect the package at the FedEx office.

The attached invoice is a .zip file which contains the malware, MX Logic said. Once a recipient clicks on it, the code in the file infects his computer.

While the notice looks exactly like something FedEx would send out, the fact that it does not state which FedEx office to go to in order to collect the package is "a dead giveaway," Masiello said. That also proves that the e-mails are being sent out blindly and are not harvested from FedEx's databases, so it's not an inside job, he added.

MX Logic has not tracked down the senders yet. "It's hard to find out who's in charge of botnets because they use distributed machines all around the world and there's no one central point," Masiello explained. "That's why there are so few arrests made."

While there is the odd news story about someone being arrested for sending out mass spam mailings, that's "nothing compared to what's out there," Masiello said. "The rate of return on this is very low."

Fake UPS Delivery Notifications Email Scam

Fake UPS Delivery Notifications

There are a number of emails hitting mxlogic.com spamtraps that appear to be from "United Postal Service" with a subject line of "[NO-REPLY] UPS Tracking Number 89259281" (the eight digits at the end are random). These messages have an attachment of UPS_LETTER.zip which contains an executable file of UPS_LETTER_N839925.doc.exe. (the 6 digits in the filename may be random as well. We are still collecting more samples to be sure).

The message body has the following text:

Unfortunately we were not able to deliver postal package you sent on Sept the 18 in time
because the recipient's address is not correct. Please print out the invoice copy attached and collect the package at our office

Your UPS

This tactic is similar to the FedEx scam (see original post from August 22nd here) in that the message claims to be a notification of non-delivery of a package that you sent and the spammer wants you to open a copy of an "invoice" (read: malware). Also similar to the FedEx tactic, the message is very non-descript as to where to pickup the package, which should be an obvious tipoff that something is not quite kosher with this email.
We are still collecting volume stats on this new tactic, so as soon as I have those, I will update this post.

*** UPDATE 10/2/2008 13:45 MDT *** As of 9am today average hourly volume is approximately 100,000 fake UPS notifications per hour. We are continuing to monitor to see if this increases or decreases but as of the time of this update we have seen over 2M of these messages processed by our systems


Fake Hallmark Greeting Card Scams

Fake emails disguised as Greeting Cards from Hallmark are now being received.

You’ve received A Hallmark E-Card!” Fake Email

Only, as usual, it turns out to pick up the card you have to visit not Hallmark.com, but http://legacymodels.com/images/funny.gif.exe. Which means that link downloads an executable file. Which means a program.

This is a new tactic Phishers are using to bait you into accessing a fake website in order to steal your private information.



On the surface, the emails look legitimate but are completely fake. Since these are new on the scene, you may be easily tempted into thinking they are real. They aren’t.

Here’s what to look for;

The “from” address will be listed as “hallmark.com” but the actual email address attached to will NOT be hallmark.com. Instead, it will be a non-descript domain name such as “oyoyo (at) jibjab.com”
The clickable link in he email will be listed as an IP address (a series of numbers such as 22.168.188.32). If the email was legitimate, the clickable link would be from hallmark.com
As with all emails you receive from unknown people or companies,

As with most spammers nowadays, you can tell that they went to some great lengths to ensure that the email looks as legitimate as possible.

In many previous e-card variants all of the links within the email would point directly to the malware hosting site. This trend has recently been shifting and this new Hallmark E-Card tactic improves upon that by only pointing the "here" link above to the malicious web site. All of the other links like Customer Service, Store Locator, etc actually point to the same locations that the real hallmark.com site point to. So, if a suspicious recipient of one of these messages clicks on any link in the email other than the malware download link they may be tricked into believing the message is legitimate since it will direct them to the Hallmark site. Seeing this, they may be more apt to click on the download link and become infected.

Emails associated with this new "e-card" appear to be from "E-Cards@Hallmark.com" and will have subject lines like "You've Recieved a Hallmark E-Card!". The other tell tale sign of these fakes can be found if you mouse over (but don't click!!) the "here" link as it links to an executable file like postcard.gif.exe as opposed to an actual web page.

Be on the lookout for these new fake Hallmark E-Cards, especially as we move closer to the Holiday Season (it's still a ways off, but I am sure some stores will have Christmas items on the shelves soon!) as these are likely to become a popular tactic again for Halloween, Thanksgiving, and Christmas.

Make sure you read the entire email
Look for obvious spelling and punctuation erros.
DO NOT click on any embedded links
DO NOT download any attachments
DO NOT reply to the email or click on any email link
If you suspect, even in the slightest, that the email might be fake, it more than likely is
Remember, the only “special” about these Phishing scams is that they are looking to steal your money.

Another day, another damn scam.