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Futures Flat Amid Firehose Of News, Start Of Earnings Season

Futures Flat Amid Firehose Of News, Start Of Earnings Season

Welcome to the final day of the week and first day of Q3 earnings season, which…

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Futures Flat Amid Firehose Of News, Start Of Earnings Season

Welcome to the final day of the week and first day of Q3 earnings season, which coming after yesterday's torrid post-CPI reversal, has already seen a flood of newsflow and market volatility: while JPM reported solid earnings this morning to launch the latest earnings season helping push its stock higher in the premarket, followed by mediocre results from Wells and Citi and a soggy update from Morgan Stanley which sent its price down 3%, the big news of the day is the unexpected termination of UK chancellor Kwasi Kwarteng who was summarily fired as a scapegoat for the unprecedented chaos gripping the UK over the past month.

And with traders desperately scrambling to stay on top of all the flashing red headlines, futures are surprisingly flat, as S&P 500 and Nasdaq 100 futures flip between losses and gains as corporate results started rolling in. US banks are expected to post the biggest profit decline of any S&P 500 Index sector, according to data compiled by Bloomberg Intelligence, even as energy props up the entire market. The fear is Fed tightening will spark defaults and force banks to set aside higher provisions against losses.

In premarket trading, tech shares continued to weaken as Jefferies became the latest bank to highlight the impact of higher rates and US restrictions on shipments to China. Nutanix shares rose as much as 18% in premarket trading after Dow Jones reported that the company is exploring a sale after receiving takeover interest, citing people familiar with the matter. Here are some other notable premarket movers:

  • Delta Air Lines (DAL US) shares gain 1.3% in premarket trading after Cowen upgraded the carrier to outperform from market perform, noting that the third quarter was strong outside of Hurricane Ian, which took earnings slightly below the broker’s estimates.
  • Beyond Meat (BYND US) shares fell 10% in premarket trading after the company lowered its 2022 revenue outlook and said it’s reducing current workforce by approximately 200 employees.
  • Keep an eye on Blue Owl (OWL US) as the stock was initiated with an overweight recommendation at Piper Sandler, which says the asset management firm is well positioned to take advantage of long-term industry tailwinds.
  • Travere Therapeutics (TVTX US) fell 5.1% in postmarket trading on Thursday as the company announced that it sees a three-month extension of the previously assigned PDUFA target action date for its application for accelerated approval of sparsentan for the treatment of IgA nephropathy.

“Even though investors may look through a disappointing CPI print, it will be a much higher bar to look through weak corporate earnings.” Invesco global market strategist David Chao told clients. “Growth is below trend and decelerating because the Fed is still tightening. This is a tough backdrop for risk assets.”

In Europe, the Stoxx 50 adds 1%. IBEX outperforms peers, climbing 1.1%, DAX lags, adding 0.8%. Utilities, real estate and chemicals are the strongest-performing sectors. Here are the biggest movers:

  • Bystronic shares rise as much as 1.9%, the most since June, after company reported a net revenue beat yoy for the nine-month period. Analysts welcome a more specified and positive outlook.
  • Ahold Delhaize shares advance as much as 2.3% after Bryan Garnier said a potential Kroger-Albertsons tie-up removes concerns about Ahold merging with Albertsons, which had been rumored over the summer.
  • Arcadis gains as much 5.3%, the most intraday in three months, after KBC Securities raised its rating on the engineering company to buy from accumulate, saying recent acquisitions have increased the company’s exposure to growth trends, while the stock’s valuation is “conservative.”
  • Kone shares fall, paring earlier gains of as much as 4.3%, after the Finnish elevator firm reported preliminary adjusted Ebit for the third quarter that missed estimates.
  • Temenos shares tumble as much as 23% to the lowest since 2016, after the banking software firm announced a sharp cut to FY Ebit target on the back of a 50% miss on bottom-line in 3Q.#
  • International Distributions Services plunges as much as 17%, most since early days of Covid-19 pandemic, after reporting a loss at its Royal Mail unit and warning of possible job cuts in response to recent strike action.
  • TomTom NV falls as much as 12%, the most since May 24, after it lowered guidance for free cash flow as a percentage of revenue to break-even from at least 5%.

In Britain, government bonds rallied sharply as Prime Minister Liz Truss prepared to reverse parts of her tax-cutting program and ousted chancellor Kwasi Kwarteng. The pound weakened. Her plans have roiled UK markets for weeks, forcing the Bank of England to launch an emergency bond-buying program. That program expires later on Friday.

“It does seem pretty clear that the government is preparing a U-turn on at least a very big chunk, if not half, the permanent tax cuts in the budget,” BlackRock Inc.’s chief macroeconomic strategist, Rupert Harrison, told Bloomberg Television. “And if we don’t get that, then the markets will react very negatively.”

Earlier in the session,  Asian stocks took impetus from the aggressive rebound on Wall St where stocks made a remarkable comeback from the initial CPI-related selling with several factors attributed to the turnaround including a dovish ECB staff model view, speculation of a major U-turn in the UK’s fiscal plans and a touted short squeeze. ASX 200 was lifted in which energy led the broad strength across sectors and after Australian Treasurer Chalmers recently ruled out scrapping tax cuts in the budget. Nikkei 225 outperformed and breached the 27,000 level amid some earnings encouragement with index heavyweight Fast Retailing boosted after it posted a record annual profit. Hang Seng and Shanghai Comp. benefitted from the heightened risk appetite as the PBoC reiterated support pledges, while participants digested relatively inline inflation numbers and now await the latest Chinese trade data.

In FX, the Bloomberg Dollar Spot Index staged a modest rebound after yesterday’s loss and the greenback advanced versus most of its Group-of-10 peers.

  • The pound led G-10 declines, halting a blistering rally that’s made it the best performer among major currencies this week amid reports of potential u-turns on the UK government’s proposed tax cuts.
  • The euro pared some of yesterday’s advance, to trade at around $0.9750. Bunds and Italian bonds advanced for a second day, led by the belly.
  • The Aussie was the best G-10 performer after China’s central bank pledged to do more to stimulate the economy. Shorter-maturity bonds declined, following losses in similar-dated Treasuries on Thursday.
  • The yen headed for an eighth day of losses, but selling was tempered by speculation the authorities will step in to support the currency. A five-year auction drew solid demand
  • The Hungarian forint rallied by as much as 3% versus the euro, the biggest jump in 11 years, after the central bank said it would provide 18% one-day deposit rate

In rates, Treasury yields fell by as much as 4bps, led by the front end following a sharp rally in gilts as UK bonds head toward their biggest weekly gains since 2011 amid expectations the British government is preparing to partially reverse its tax cuts plans.  The UK curve aggressively bull-flattens with long-end yields richer by 30bp on the session; UK 2s10s, 5s30s spreads flatter by 17bp and 5bp. In the US, 10-year futures remain short of Thursday’s highs with cash yields richer by 3bp-5bp across the curve. Focal points of US session include retail sales data and three scheduled Fed speakers. US 10-year yields near lows of the day into early US session, richer by 4.5bp at around 3.90% with gilts outperforming by an additional 20bp in the sector; long-end of the US curve lags slightly, steepening 5s30s spread by ~1bp.

In commodities,  WTI and Brent front-month futures are modestly softer on the day as the Dollar picked up in early European hours, but the contracts hold onto most of yesterday's gains. Turkish President Erdogan has ordered the energy minister to build a gas hub in Turkey following talks with Russian President Putin; says both countries will immediately work on Putin's proposal to transport Russian gas, via NTV cited by Reuters. Spot gold found resistance at it is 21 DMA (USD 1,671.50/oz) with the yellow metal edging lower as the USD extends on intraday highs. LME futures are mixed/contained with 3M copper holding onto levels above USD 7,500/t, but LME aluminium dips following the recent rise. Spot gold falls roughly $5 to trade near $1,662/oz.

Bitcoin posts modest gains after yesterday's rebound, with the crypto above USD 19,500, whilst Ethereum holds a USD 1,300+ handle.

To the day ahead now, and data releases include US retail sales for September, and the University of Michigan’s preliminary consumer sentiment index for October. From central banks, we’ll hear from the ECB’s Holzmann, and the Fed’s George, Book and Waller. Finally, earnings releases include JPMorgan, Wells Fargo, Citigroup, Morgan Stanley and UnitedHealth.

Market Snapshot

  • S&P 500 futures down 0.2% to 3,674.50
  • STOXX Europe 600 up 1.1% to 393.36
  • MXAP up 1.9% to 138.38
  • MXAPJ up 1.7% to 446.58
  • Nikkei up 3.3% to 27,090.76
  • Topix up 2.3% to 1,898.19
  • Hang Seng Index up 1.2% to 16,587.69
  • Shanghai Composite up 1.8% to 3,071.99
  • Sensex up 1.5% to 58,119.00
  • Australia S&P/ASX 200 up 1.7% to 6,758.83
  • Kospi up 2.3% to 2,212.55
  • German 10Y yield little changed at 2.18%
  • Euro down 0.3% to $0.9751
  • Brent Futures down 0.6% to $93.97/bbl
  • Gold spot down 0.2% to $1,663.18
  • U.S. Dollar Index up 0.36% to 112.76

Top Overnight News from Bloomberg

  • Hawkish European Central Bank officials aim to start unwinding the institution’s €5.1 trillion ($4.9 trillion) asset hoard by early 2023 while retaining interest rates as their primary monetary-policy tool, according to people familiar with the matter
  • The euro-area economy may succumb to two consecutive quarters of contraction, European Central Bank Vice President Luis de Guindos told Verslo žinios, a Lithuanian newspaper
  • Overstretched positioning in the options market is taking a hit after the dollar retreated following the release of the latest US inflation data
  • Singapore’s central bank tightened monetary policy settings for a fifth time in the past year, warning of persistent price pressures and a clouded outlook for the global and local economy
  • China’s consumer inflation remained subdued in September as lockdowns continued to impact spending habits, while soft commodity prices kept producer inflation in check. The consumer price index rose 2.8% last month from a year earlier
  • A shift toward private markets is cushioning many of the world’s largest investors from the wreckage wrought by runaway inflation and spiraling interest rates
  • Sweden’s nationalists, who emerged as the second largest political force in last month’s elections, will stay out of the new government that will take over from Magdalena Andersson’s Social Democrats

A more detailed look at global markets courtesy of Newsquawk

APAC stocks took impetus from the aggressive rebound on Wall St where stocks made a remarkable comeback from the initial CPI-related selling with several factors attributed to the turnaround including a dovish ECB staff model view, speculation of a major U-turn in the UK’s fiscal plans and a touted short squeeze. ASX 200 was lifted in which energy led the broad strength across sectors and after Australian Treasurer Chalmers recently ruled out scrapping tax cuts in the budget. Nikkei 225 outperformed and breached the 27,000 level amid some earnings encouragement with index heavyweight Fast Retailing boosted after it posted a record annual profit. Hang Seng and Shanghai Comp. benefitted from the heightened risk appetite as the PBoC reiterated support pledges, while participants digested relatively inline inflation numbers and now await the latest Chinese trade data.

Top Asian News

  • Xi Faces ‘Rockiest Economy in Decades’ on Eve of Party Congress
  • Singapore Unveils New $1.05 Billion Inflation-Relief Package
  • Japan Keeps Up Yen Warnings, Declines to Say If Intervened
  • Iron Ore Heads for Longest Run of Weekly Losses in Almost a Year

European bourses trade on a firmer footing in an extension of yesterday’s gains. There hasn’t been a clear factor behind today’s moves with some desks continuing to cite oversold conditions, evidence of disinflationary impulses in more timely indicators (e.g. NY Fed survey) and hopes of a policy u-turn in the UK. Sectors in Europe mostly firmer, with outperformance in Real Estate and Utilities. To the downside but still in positive territory, Tech, Autos and Telecom names lag peers. Stateside, Stateside, US futures are showing a more contained performance with the e-mini S&P back below 3700 as pausing for breath from yesterday’s rally.

Top European News

  • UK PM Truss is to reverse some economic plans later today, according to Bloomberg sources.; UK PM Truss is to hold a press conference today (timing TBC), according to Bloomberg.
  • UK Trade Department Minister Hands said there are absolutely no plans to change anything; there is no change to plans on corporation tax, according to Reuters.
  • UK PM Truss and Chancellor Kwarteng are weighing up whether to announce corporation tax rise today after chancellor's early flight back from the US, according to Times' Swinford; no decision has yet been taken.
  • UK Tory whips warned that UK PM Truss could face a leadership challenge if Chancellor Kwarteng's economic statement on October 31st fails to end the turbulence in financial markets, according to the Daily Mail front page.
  • UK senior Tories are reportedly holding talks about replacing PM Truss with a joint ticket of Rishi Sunak and Penny Mordaunt, according to The Times.
  • The 1922 Committee is ready to suspend the rule that prevents a vote to oust the Conservative leader within a year of taking office, according to the New Statesman.
  • ECB's Lagarde said inflation in the EZ is far too high, and likely to stay above the ECB's target for an expected period of time; governing council expects to raise the interest rate further over the next several meetings
  • ECB's Kazimir said 75bps hike in October is appropriate; Deposit Rate must rise above Neutral but start of balance sheet reduction can wait until next year

FX

  • DXY attempts to claw back some of yesterday's losses and briefly reclaimed 113.00 to the upside vs yesterday's 113.92 peak.
  • GBP sits as the laggard as it unwinds some of the prior day's gains.
  • USD/JPY topped yesterday's high of 147.67 whilst BoJ Kuroda reiterated the need to maintain stimulus.
  • HUF strengthened following an unexpected NBH hike to the Overnight Collateral Loan Rate.
  • Hungarian Central Bank unexpectedly hikes the Overnight Collateral Loan Rate to 25% from 15.5%. NBH will launch a new one-day deposit tender from today with an 18% interest rate.

Fixed Income

  • Bunds are well within a 136.75-138.52 range vs their prior 136.22 prior close.
  • Gilts are back above 97.00 between from yesterday’s 94.52 Liffe settlement amidst further reports that some economic plans may be reversed by the PM later today.
  • T-note towards the top of its 111-14/110-27 overnight extremes ahead of US retail sales and Fed speakers

Commodities

  • WTI and Brent front-month futures are modestly softer on the day as the Dollar picked up in early European hours, but the contracts hold onto most of yesterday's gains.
  • Turkish President Erdogan has ordered the energy minister to build a gas hub in Turkey following talks with Russian President Putin; says both countries will immediately work on Putin's proposal to transport Russian gas, via NTV cited by Reuters.
  • Spot gold found resistance at it is 21 DMA (USD 1,671.50/oz) with the yellow metal edging lower as the USD extends on intraday highs.
  • LME futures are mixed/contained with 3M copper holding onto levels above USD 7,500/t, but LME aluminium dips following the recent rise.

Geopolitics

  • Japan's Chief Cabinet Secretary Matsuno said North Korea's repeated ballistic missile launches are unacceptable and he believes North Korea will take further provocative action including a possible nuclear test. Matsuno added it is getting more difficult to detect North Korea's missiles early and react, while they are considering all options including counterattack capabilities, according to Reuters.
  • North Korea fires artillery shells off sea, according to South Korean military; into the buffer zones in the east and west seas during the afternoon, Yonhap reported

US event calendar

  • 08:30: Sept. Import Price Index YoY, est. 6.2%, prior 7.8%
  • 08:30: Sept. Import Price Index MoM, est. -1.1%, prior -1.0%
  • 8:30: Sept. Export Price Index YoY, est. 9.3%, prior 10.8%
  • 08:30: Sept. Export Price Index MoM, est. -1.0%, prior -1.6%
  • 08:30: Sept. Retail Sales Advance MoM, est. 0.2%, prior 0.3%
  • 08:30: Sept. Retail Sales Control Group, est. 0.3%, prior 0%
  • 08:30: Sept. Retail Sales Ex Auto MoM, est. -0.1%, prior -0.3%
  • 10:00: Aug. Business Inventories, est. 0.9%, prior 0.6%
  • 10:00: Oct. U. of Mich. 5-10 Yr Inflation, est. 2.8%, prior 2.7%
  • 10:00: Oct. U. of Mich. 1 Yr Inflation, est. 4.6%, prior 4.7%
  • 10:00: Oct. U. of Mich. Expectations, est. 58.2, prior 58.0
  • 10:00: Oct. U. of Mich. Current Conditions, est. 59.5, prior 59.7
  • 10:00: Oct. U. of Mich. Sentiment, est. 58.8, prior 58.6

DB's Jim Reid concludes the overnight wrap

The term rollercoaster is one of the most overused, lazy terms to describe markets, but the last 24 hours are best summed up by being a major rollercoaster ride and actually home to one of the biggest intra-day turnarounds in living memory.

The white-knuckle ride started with a boost amidst reports of a potential fiscal U-turn out of the UK before then slumping on another upside surprise in US inflation, before rallying again (and rallying very hard) for no obvious reason other than potentially stretched bearish positioning ahead of the CPI. If that was the case one can only imagine how bullish markets would have been if CPI was soft. If you’re looking to further explain the unexplainable, Bloomberg suggested that the S&P 500 had given back 50% of the post-covid rally at the lows which triggered technical buy programs. Who knows if this was true.

To give you an idea of the ride, futures on the S&P were up +1.57% before CPI, down -2.40% around an hour later, but with the main index closing +2.60% and thus putting a spectacular end to a run of 6 consecutive declines, in spite of a CPI report that was another case of bad news from whatever angle you wanted to look at it. The index had a remarkable intraday range of 5.52%. Let's see what US bank earnings bring today as they herald in the unofficial start of earnings season.

In terms of the details of that CPI report, the headline price gains for the month came in at +0.4%, which was above the +0.2% reading expected and meant that the year-on-year measure only ticked down to +8.2% (vs. +8.1% expected). Second, and more concerning from the Fed’s point of view, core CPI was also stronger than expected, with monthly core CPI at +0.6% (vs. +0.4% expected) for a second month running, thus taking the year-on-year measure up to +6.6%, which is the fastest that core inflation has been since 1982. Third, it wasn’t just a case of outliers driving inflation higher, since it continued to remain broad-based across the consumer basket. In fact, the Cleveland Fed’s trimmed mean measure that excludes the biggest outliers in either direction was still up +0.56% on the month (or +6.96% on an annualised basis), so still far from levels that the Fed can be comfortable with. And fourth, if you look at the Atlanta Fed’s measure that divides the consumer basket into sticky prices that change slowly and flexible prices that change quickly, then the monthly gain in sticky prices in September was the biggest since June 1982 at +0.68%, so things are getting even worse on that measure.

Against that backdrop, investors swiftly moved to upgrade their expectation of future tightening from the Federal Reserve, with a 75bp hike at the November meeting now fully priced in for the first time. In addition, markets placed a growing probability on the chances of the Fed continuing at a 75bps pace in December rather than slowing down. That’s in line with our US econ team’s updated call following the release, where they now expect the Fed to maintain the +75bp pace of hikes through December (link here). In markets a total of 143bps of hikes are now priced in by year-end. Looking further out into 2023, the peak rate priced for March rose +25.5bps on the day to a new high of 4.92% to reflect the extra 25bps of hikes, and the rate priced for end-2023 similarly rose +22.0bps to a fresh high of 4.57%.

With more tightening being priced in for the months ahead, Treasuries sold off across the curve with the front-end particularly impacted. By the close of trade, yields on 2yr Treasuries surged +17.2bps on the day to a post-2007 high of 4.46%, and their 10yr counterparts were also up +4.7bps to 3.94% after trading in a 23.8bps range. This morning yields are less than a bps lower across most of the curve.

Decomposing the S&P, the best performers were the cyclically-sensitive energy, financial, information tech, and materials sectors, which, again, bucks against the macro news from yesterday. The Nasdaq lagged slightly behind the S&P, gaining +2.23%. In overnight trading, US equity futures are pointing to further gains with contracts on the S&P 500 (+0.54%) and the NASDAQ 100 (+0.47%) higher ahead of the big bank earnings.

Whilst there was plenty of interest in the US CPI, here in the UK there was also lots of market action going on amidst speculation that the government could be on the verge of a U-turn over their recent mini-budget. Sterling surged on the reports, which came from multiple outlets all suggesting that talks were taking place on reversing course. The biggest centre of speculation was with regard to corporation tax, which had been set to go up to 25% from April before Truss came to office, before that was then scrapped by Truss. Not going ahead with that increase was one of the biggest single items in terms of cost in the mini-budget, which totalled £19bn of the £45bn package of tax cuts announced, although it’s not clear yet to what extent they’ll reverse, and whether that might be to a lower rate than 25%. Overnight it's been confirmed that Chancellor Kwarteng has left the IMF conference early which has further raised speculation of an imminent U-turn.

For now we haven’t had anything officially confirmed, but sterling surged by +2.04% on the day. Admittedly it had a helping hand from general dollar weakness, but that was still the largest daily increase in sterling since the Covid-related volatility of March 2020, so not the sort of moves we’re used to seeing every day. In the meantime, there was also an incredible rally for gilts as speculation of a U-turn mounted, with the 10yr yield down -23.5bps to 4.19% and 30yr yields down -26.1bps to 4.54% having been 5.09% at the highs in the previous session. That also came as the Bank of England bought a record £4.68bn of bonds yesterday, which is the largest so far, ahead of the scheduled end to their intervention in the gilt market today. Whether that actually happens we'll see next week.

That sovereign bond rally was echoed elsewhere in Europe, with yields on 10yr bunds (-2.8bps), OATs (-3.7bps) and BTPs (-6.0bps) all moving lower on the day. And Euro equities put in a decent performance too, with the STOXX 600 recovering from its initial losses to gain +0.85%. That came in spite of investors also moving to ratchet up their expectations of future ECB tightening, with the rate priced in by year-end up +1.9bps on the day. Nevertheless, there was some better news on the inflation side from natural gas futures, which dropped to their lowest levels since early July, falling -3.98% on the day to €154 per megawatt-hour.

This morning in Asia, stock markets are tracking US equities with the Nikkei (+3.44%) leading gains and the Hang Seng (+3.38%) trading sharply higher while the Kospi (+2.45%), the CSI (+2.14%) and the Shanghai Composite (+1.74%) are also trading in positive territory.

Moving on to China, inflation has remained subdued amid persistent lockdowns and soft commodity prices. Early morning data showed that CPI advanced +2.8% y/y in September, up from +2.5% in August, pushed higher by food costs. While it rose at the fastest pace since April 2020, it fell short of market forecasts for a +2.9% gain. At the same time, the producer price index (PPI) dropped to its slowest pace in 20 months, rising by +0.9% (v/s +1.0% expected), down from +2.3% growth in August.

In the FX market, the Japanese yen has hit a fresh 32-yr low of 147.45 versus the US dollar, below the level when the Japanese authorities intervened last month. Yesterday, the BOJ Governor Haruhiko Kuroda in a speech indicated that he intends to stick to his policy of large-scale monetary easing as raising interest rates now seems inappropriate given Japan’s economic and price conditions.

The CPI was the main data focus yesterday, but we also got the weekly initial jobless claims from the US, which showed an increase to 228k in the week through October 8. That was a bit above the 225k reading expected and above the 219k reading the previous week, although it partly reflected a rise in Florida claims following Hurricane Ian.

To the day ahead now, and data releases include US retail sales for September, and the University of Michigan’s preliminary consumer sentiment index for October. From central banks, we’ll hear from the ECB’s Holzmann, and the Fed’s George, Book and Waller. Finally, earnings releases include JPMorgan, Wells Fargo, Citigroup, Morgan Stanley and UnitedHealth.

Tyler Durden Fri, 10/14/2022 - 08:34

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NRA’s path to recovery from financial woes leaves the gun group vulnerable to new problems

The National Rifle Association is spending heavily on legal fees and slashing programs for its members.

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The gun group might be less sturdy than it appears. Kelly Nigro/Moment Open via Getty Images

The National Rifle Association’s financial firepower, which arose in part due to its large and loyal membership base, has long been one of the gun group’s main sources of strength.

But the NRA has in recent years faced a financial tsunami, one that came to light after the 2016 election. A swirl of disagreements with longtime business partners, accusations of waste and misspending, ballooning debt and lawsuits from the New York and Washington, D.C. attorneys general have triggered one embarrassment after another. The NRA tried to declare bankruptcy to cushion some of these blows, with no luck.

At this point, the threat of being forced by the authorities to shut down due to alleged improprieties is minimal. But has the NRA managed to weather its financial storm?

As an accounting researcher who focuses on the financial performance of nonprofits, I have been closely studying NRA finances throughout its crisis. I can say the NRA financial picture is, as of early 2023, a mixed bag. The gun group has shored up its financial position over the last few years. However, the way in which that financial recovery came about risks hemorrhaging the NRA’s core supporters.

White men look at a machine gun on display in a crowded room with high ceilings
NRA members get to see many kinds of firearms at the group’s annual conventions – even machine guns. Patrick T. Fallon/AFP via Getty Images

Digging out of a financial hole

The NRA’s financial troubles arose at the same time that scandalous aspects of the organization’s woes – such as longtime NRA leader Wayne LaPierre’s free yacht getaways and luxury suit purchases billed to an NRA contractor – were drawing public attention.

Perhaps the best measure of a nonprofit’s financial health is its unrestricted net assets – the money at the organization’s disposal after leaving out amounts it has to spend on activities promised to donors and what it owes to others. A multimillion-dollar unrestricted net asset reserve for an organization the size of the NRA can provide financial security. On the other hand, a negative reserve is typically a sign of serious trouble.

The NRA’s reserve was negative at the end of 2017, with a deficit of more than US$30 million – a sure sign of the troubles already underway. Such a negative balance indicates that after satisfying donor promises, the organization owes more money to others than the value of its assets.

Things only got worse in the following two years, with the NRA approaching an unrestricted net asset deficit of nearly $50 million in 2019. This degree of weakness even led the organization to suggest that it risked imminent failure. However, there was time for a turnaround.

And that’s what happened. In 2020, the NRA slashed its unrestricted net asset deficit by over $38 million. Ironically, it was shortly after pulling off this marked improvement that it filed – unsuccessfully – for bankruptcy.

This financial resurgence continued in 2021, with the organization reporting it had eliminated its unrestricted net asset deficit, building up a surplus of over $10 million. When also including the money set aside for specific uses stipulated by donors – the group’s net assets – the NRA’s total available funds reached over $75 million.

These developments may seemingly bode well for the organization’s ability to withstand its continuing financial troubles. Below the surface, however, there’s an ominous trend.

Selective cost cutting

How did the NRA get on a steadier financial footing?

It wasn’t through growth. NRA revenue declined in 2020 by 4% from $296 million to $284 million, even without taking inflation into account. Revenue fell another 18% to under $234 million in 2021.

Instead, it cut many core programs, including education and training, field services, law enforcement initiatives and recreational shooting.

Cost cutting can help stabilize faltering companies or nonprofits, depending on which costs they cut. The NRA’s over 4 million dues-paying members may tolerate lean spending only on certain things and only for so long. What the NRA spent on programs fell by $45 million – more than a 35% decline – in 2020. The organization was quick to attribute the change to the nation’s response to the COVID-19 pandemic.

However, program spending declined even further in 2021, when life had begun to return to normal, especially for gun enthusiasts. The NRA spent just $75 million on its programs in 2021, nearly $53 million less than it had two years earlier.

It didn’t cut all costs during these lean years.

Administrative spending in the “legal, audit and taxes” category skyrocketed, from just over $4 million in 2017 to almost $47 million in 2021. Much of this reflects the money NRA paid for its various legal entanglements, largely in fees to its new legal team.

What once was a member-focused organization has quickly become an organization whose primary growth area is legal fees.

Was 2022 a turning point?

Though the NRA apparently shored up its bottom line, its financial neglect of programs like firearms training, competitions and field services could ultimately disappoint its members and donors.

The organization has seen membership dues decline in the past several years, with a loss of more than 1 million members since the start of the crisis. I see a risk of a downward spiral: lower revenue, leading to less spending on programs, which leads to further declines in member dues, donations and so on.

The full NRA financial filing for 2022 is not yet available, but there are early signs that it may have been a turning point.

Journalist Stephen Gutowski has reported at The Reload that NRA membership declines meant that even with its more lean spending profile, the organization was poised to end 2022 at a loss.

I believe that with fewer members and fewer items left to cut, the NRA may take more drastic steps in the years ahead. And, with 2022 having been an election year – prime time for the NRA to take center stage – declining funds prevented an all-out political spending blitz.

Though it may once have seemed like the NRA would suddenly implode due to its weak finances, its decline today is more of a slow burn that’s diminishing its scale and threatens its future. The growth of other pro-gun groups, such as Gun Owners of America and the Second Amendment Foundation, poses further risks for a shrinking NRA.

In my view, the NRA’s risky strategy of cutting program costs while spending more on legal battles could portend a further and continued weakening of the organization in the years ahead.

Brian Mittendorf does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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US enforcement agencies are turning up the heat on crypto-related crime

How governments decide to go after crimes committed with crypto could color the industry’s public perception and how the space is regulated.

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How governments decide to go after crimes committed with crypto could color the industry’s public perception and how the space is regulated.

On the evening of Jan. 7, Anatoly Legkodymov, founder of the cryptocurrency exchange Bitzlato, was arrested in Miami. The following day, the United States Department of Justice (DOJ) unsealed a complaint in federal court charging him with conducting a money transmitting business that transported and transmitted illicit funds. According to the DOJ, Bitzlato failed to meet U.S. regulatory safeguards, including Anti-Money Laundering requirements. 

Less than a month earlier, former FTX CEO Samuel Bankman-Fried was arrested in the Bahamas. In a statement, U.S. Attorney General Merrick Garland said, The Justice Department has filed charges alleging that Samuel Bankman-Fried perpetrated a range of offenses in a global scheme to deceive and defraud customers and lenders of FTX and Alameda, as well as a conspiracy to defraud the United States government.

Garland stated, The U.S. Department of Justice will aggressively investigate and prosecute alleged criminal wrongdoing in the financial system and violations of federal elections laws. But is it really a new day? Will U.S. law enforcement be able to go after alleged crypto criminals at home and abroad?

According to Oberheiden PC attorney Alina Veneziano, who represents executive clients under criminal investigation against U.S. Securities and Exchange Commission subpoenas and DOJ fraud allegations, the answer is yes.

Attempts to reign in this new, unrestrained industry were inevitable, Veneziano tells Magazine. She believes that federal government agencies are increasing their investigative efforts toward crypto crime and will utilize all the tools at their disposal subpoenas, summons and inter-governmental sharing of information.

 For example, only last year, the SEC increased the size of its Crypto Assets and Cyber Unit in an effort to investigate more fraudulent crypto asset schemes and better protect investors in the crypto markets. Veneziano also believes the Internal Revenue Service will further enforce U.S. tax laws for cryptocurrencies. 

Former federal prosecutor Grant Fondo also sees an increase in activity. Now a trial attorney and founder of the Digital Currency and Blockchain Technology practice at Goodwin, Fondo believes that this is the result of the current bear market, widespread acceptance of cryptocurrency and the governments obligatory focus on crime.

I think anytime there is a course correction and/or an economic event like a crypto winter, that can also increase activity […] When assets go down, people get hurt, and if people are mixing funds and things, it can create problems, Fondo tells Magazine. Add to that the prolific global adoption of crypto, more people involved and the DOJs concern about any asset used for illicit activity, and Fondo sees beefed up enforcement as an inevitability.

In 2021, the DOJ created the National Cryptocurrency Enforcement Team (NCET) to handle investigation and prosecution of criminal misuse of cryptocurrency. NCET would combine the expertise of the agencys Money Laundering and Asset Recovery Section and the Computer Crime and Intellectual Property Section. In 2022, the DOJ also created the Digital Asset Coordinator (DAC) Network. Under the leadership of NCET, designated federal prosecutors from U.S. attorneys offices around the country would be assigned to the DAC Network. Each offices DAC will be the digital asset subject matter expert and the first, investigative source of information. 

Crypto Enforcement Action
(justice.gov)

What types of crimes re they going after?

According to a DOJ report submitted to the presidential administration in September, the agency believes that cryptocurrency is the preferred payment method for ransomware and other digital extortion activities. As an example, the DOJ referred to a ransomware attack in May 2021 on the Colonial Pipeline. According to the report, the attack forced the company to shut down a gasoline and jet fuel pipeline for days. This resulted in fuel shortages around the country, including several airports. The attackers demanded and received a ransom paid in Bitcoin. 

The report also says, Cryptocurrency is used to raise funds for terrorist organizations and other nation state threat actors. The DOJ states that its largest cryptocurrency seizure disrupted the funding campaigns of ISIS and other terrorist groups. The agency took down a fraudulent ISIS website operation that purported to sell N95 masks and other protective equipment during the height of the COVID-19 pandemic.

The Department of Justice released photo of a group posting a request for donations and claiming to be a Syrian charity, but allegedly sought funds to support the mujahidin in Syria with weapons, financial aid and other projects assisting the jihad.
The Department of Justice released photo of a group posting a request for donations and claiming to be a Syrian charity, but allegedly sought funds to support the mujahidin in Syria with weapons, financial aid and other projects assisting the jihad. (justice.gov)

The Department of Justice released photo of a group posting a request for donations and claiming to be a Syrian charity, but allegedly sought funds to support the mujahidin in Syria with weapons, financial aid and other projects assisting the jihad.

Veneziano believes that these crimes are not new theyve just adapted to cryptocurrency. We are likely not looking at the creation of brand new crimes but are instead more likely to see the crypto element incorporated into other offenses, such as crypto tax evasion, crypto theft, unregistered crypto offerings, crypto money laundering, etc. Due to the nature of the blockchain, it is likely to be confined to federal offenses as opposed to state crimes, Veneziano says.

Fondo suggests that wire fraud is also a big factor. So, youll notice in a lot of the criminal indictments, they allege wire fraud. Wire fraud is agnostic to the type of asset, whether its a security, a commodity, whatever doesnt matter. Historically, criminals would use the telephone, aka the wires, to commit fraudulent acts. Today, wire fraud refers to crimes committed using any type of telecommunications technology. According to Fondo, if you move digital assets around using the wires, and you commit fraud, its a crime, and most indictments in the crypto space fall into that category. 

For example, in a statement on Dec. 14, 2022, U.S. Attorney for the Southern District of New York Damian Williams announced charges in two separate indictments against the founders and promoters of two cryptocurrency Ponzi schemes known as IcomTech and Forcount, both with conspiracy to commit wire fraud. 

According to the DOJ, victims purchased IcomTech and Forcount investment products using cryptocurrency, cash, checks and wire transfers. They were then given access to an online portal where they could monitor dubious returns. While Victims saw profits accumulate on the schemes respective online portals, most victims were unable to withdraw any of these so-called profits and ultimately lost their entire investments. All the while, IcomTech and Fourcounts promoters skimmed hundreds of thousands of the victims funds, withdrew it as cash and spent the loot on promos for the Ponzi scheme, luxury goods and real estate. 

What other agencies are involved?

Venziano believes that collaboration between government agencies on crimes is nothing new and should be expected in the crypto sphere. Venziano says, Consider a crypto fraud scheme involving a new token. The SEC will be involved if the token is unregistered and satisfies the definition of an investment contract under the Howey test, an analysis based on a Supreme Court decision.

Wally Adeymo, deputy treasury secretary
Wally Adeymo, deputy treasury secretary. (treasure.gov)

She continues, The IRS will also be involved where there is tax evasion or the failure to report crypto sales and dispositions. Further, the DOJ may initiate an investigation where money laundering or other illicit activity is present. There is even a call for greater collaboration from the private sector to combat crypto fraud. Additional agencies, including the Financial Crimes Enforcement Network (FinCEN), the Federal Bureau of Investigation, Immigration and Customs Enforcement, the Secret Service and the Department of Homeland Security have all participated in cryptocurrency investigations. 

In the Bitzlato case, the DOJ teamed up with the Department of Treasurys Financial Crimes Enforcement Network. In a joint press conference with officials from the DOJ, Deputy Secretary of the Treasury Wally Adeyemo said that FinCEN is officially identifying Bitzlato as a primary money laundering concern in connection with Russian illicit finance. Adeyemo thanked the DOJ for being such great partners on this action but also on going after this ecosystem more broadly.

Do politics affect who the government investigates?

According to Fondo the answer is yes and no. The DOJ is part of the Executive Branch of government and the president nominates its leader, the Attorney General. The U.S. Senate is tasked with confirming the presidents nominee.

Generally, it is an agency that is agnostic in a sense as to who the president is, Fondo says. When he was a federal prosecutor, Fondo believed that he was completely immune to whoever was in the White House. On the other hand, whenever national actors are involved, Russia or China for example, Fondo says that a potential case escalates in significance. Since the DOJ gets lots of leads and complaints, so they have to prioritize resources and decide which ones to pursue.

A case that involves a national actor, stealing trade secrets, stealing assets, funneling assets (to Russia) to fight, say, the war in the Ukraine, that will rise well above something else thats an otherwise more typical crime. So, in that way, the DOJ is more political.

Fondo also believes that when there is a national scandal, like Enron, Bernnie Madoff or the fall of FTX, the government is more apt to jump in and get more involved. When something hits the press, like a major incident, there is more pressure to get charges more quickly, Fondo says.

Venziano points out that crypto activity isnt limited by geographic borders and can affect overseas markets in a matter of seconds. Crypto activity can certainly affect international politics, demanding cooperation between the United States and enforcement agencies in other nations. Take the Bitzlato case as an example. The DOJ received significant operational and informational assistance from other agencies both domestic and international including Customs and Border Protection and also EUROPOL and Dutch and Belgian authorities, Venziano says.

In the U.S., there are no federal laws on the books specifically regulating the use of cryptocurrency. Different regulatory agencies have taken responsibility and have written rules for the oversight of different digital assets. Sooner or later, Congress is expected to move legislation to the presidents desk, formally defining cryptocurrencies and how they are to be regulated.

In the meantime, Fondo believes that the lack of clarity, and even disagreement among regulators, leads to ambiguity that crypto-centric companies struggle with. In essence, its hard to follow the rules if you dont know what they are, especially on the civil, as opposed to the criminal, side of things.

Nonetheless, he believes that the industry has matured in recent years, and there are a lot of great actors out there trying to do the best they can with regulatory uncertainty, but also trying to meet the demands of the market. But, when theres a situation, a crime is a crime is a crime. If the government sees something that looks like fraud, it doesnt really matter what the asset is, and they think its significant enough and worthy of chasing, theyll do it.

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Top 3 commercial real estate REITs to avoid amid a triple whammy

Commercial real estate REITs have been under intense pressure as the industry faces a tripple whammy of high-interest rates, work-from-home, and white-collar…

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Commercial real estate REITs have been under intense pressure as the industry faces a tripple whammy of high-interest rates, work-from-home, and white-collar layoffs. On Wednesday, the Fed decided to hike interest rates by 0.25% and signaled that more rate hikes were coming.

And recent data shows that the percentage of people working from home is still sharply higher than where it was during the pandemic. Worse, many large companies like Amazon, Salesforce, and Meta Platforms are laying off thousands of employees. 

Therefore, with debt maturities coming up, there are concerns that the industry will be in trouble for a while. Further, as I wrote in this article on the SCHD ETF, REITs are now competing with cash, with short-term bonds yielding over 5%. So, these are some of the top commercial real estate REITs to avoid during the sell-off. 

Boston Properties 

Boston Properties (NYSE: BXP) stock price has been in a strong sell-off in the past few months. It is trading at $49.63, which is about 63% below the highest level in 2022. This decline is mostly because of the cities where the company operates. 

It is mostly concentrated in places like New York, Los Angeles, San Francisco, and Seattle. These are some of the most troubled cities in the commercial real estate industry. In the most recent earnings statement, the company’s CEO said:

“Many of our clients are experiencing a slowdown in growth or reductions in top line revenue and as a result are focused on cost control including moderating headcount and space use.”

Therefore, in the near term, I suspect that the Boston Properties stock price will continue falling as investors embrace the new normal of high interest rates. In the long term, investors will likely buy the dip as the dividend yield become more attractive.

Kilroy Realty Corporation

Kilroy Realty Corporation’s (NYSE: KRC) stock price has also been in a freefall. It was trading at $29 on Wednesday, sharply lower than its 2022 high of $79. As a result, its forward dividend yield to 7%. 

The stock’s collapse is mostly because of the triple whammy facing the industry and the fact that billions of dollars are coming due. And like Boston Properties, the company’s operations are concentrated in high-risk cities like San Francisco, Seattle, and Austin. 

The only benefit for Kilroy is that it has staggered debt maturities, which meaning that it has more room to adjust its books. As a result, it has no debt maturities until December 2024, as the CEO noted:

“Net debt the fourth quarter annualized EBITDA remains about six times. And we have no debt maturities until December of 2024 and limited interest rate exposure with all of our debt fixed or subject to cap.”

Vordano Realty Trust

Vornado Realty Trust (NYSE: VNO) stock price has dropped lower than most commercial real estate trust stocks. It was trading at $13.80, down by over 72% from the highest point in 2022. This performance is mostly because Vornado is highly concentrated in New York, where occupancy rate remains low. 

Like Kilroy, Vornado has no maturities this year, with the next one coming in mid-2024. Still, because of its focus on New York, Vornado stock will likely continue falling in the near term. The other commercial REIT stock we recently recommended exiting was SL Green. It stock is down by over 10% since the article went live.

The post Top 3 commercial real estate REITs to avoid amid a triple whammy appeared first on Invezz.

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