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Lessons Learned: Asia Narrowly Escapes
this Credit Crisis
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Monday, September 10, 2007 - Vol. 9, No. 215

Lessons Learned: Asia Narrowly Escapes
this Credit Crisis

Today's comment is by Eric Roseman, our Investment Director and editor of Commodity Trend Alert.

Dear A-Letter Reader,

Asia suffered a severe economic recession just 10 years ago. Capital markets hemorrhaged and some Asian countries even slipped into a depression after Thailand's collapse in July 1997.

After years of booming economic growth, markets from Singapore to Tokyo went through the ringer as stocks, real estate and currencies plunged. Like the Great Depression in the 1930s, asset values were purged across the region and fortunes were lost as the meltdown evaporated asset values.

But 10 years later, it's a whole other story. While Asia sails along at a breakneck pace, it's the major industrialized markets of the world that are plunging. The U.S., Canada, and Europe are experiencing the worst credit-crunch since the near demise of hedge fund Long Term Capital Management in August 1998.

The Tables Have Turned Against Us

The now notorious illiquid mortgage-backed securities are infecting the entire spectrum of commercial-backed paper. As a result, many banks and financial institutions in Canada, the United States and Europe are in the midst of a severe liquidity crisis.

Institutions are still largely reluctant to lend to one another, and that's exacerbating this credit crisis. This credit crunch refuses to subside, despite numerous cross-border central bank interventions. Commercial paper is often issued by special-purpose vehicles called conduits, which don't appear on bank balance sheets.

In Germany, two conduits collapsed in August and had to be rescued by their parent companies. And in the United States and Canada, several second-tier lenders also failed as the commercial paper market froze, and denied institutions their usual operational liquidity.

Asia Largely Escapes Sub-Prime Turmoil

For the most part, the sub-prime crisis has escaped Asian companies because private-equity deals in the region aren't typically financed by leverage. And leverage makes or breaks a deal.

Growth capital, which represents most investment structures, doesn't use leverage and thus has little or no direct exposure to changing market conditions. Asia has also been safeguarded because Asian lenders must ensure at least 75% of the current fund or deal to be funded before embarking on any new ventures.

That's not the case with private-equity deals in the United States and Europe. Their companies can initiate new projects and raise capital before the original deals are funded. With credit incredibly cheap in the post-2003 period, private-equity funds raised more than US$650 billion, mostly funded with leverage and high-yield securities.

Amazingly, despite the mayhem in credit markets since July, Asian companies are on course to finance a record year. Asian companies have raised US$24.6 billion thus far - almost the entire sum raised in 2006, according to the Centre for Asia Private Equity Research.

Of course, not all companies in Asia have remained completely unscathed by the sub-prime meltdown. On the contrary, Japan, Singapore and Australia have been hit by conduit failures this summer. Singapore-based DBS Group Holdings, a major Singapore bank, was forced to liquidate a conduit in August. In Australia, several banks have already injected billions of dollars to bailout conduits in mortgage-backed securities.

But overall, Asian banks have been relatively immune to the crisis because conduits are not a primary funding vehicle for parent companies, unlike European and American entities. That's good news for regional investors and capital markets.

Been There, Done That

On the macroeconomic level, Asia is also far healthier today compared to 10 years ago and especially compared to major market economies. Indeed, the economic tables have literally turned in a span of just 10 years.

In 1998, Asia was on the brink of the economic abyss as banks failed, governments faltered and capital markets collapsed. But that's not the case in late 2007.

Asia's Current Account Balances and Reserves Have Soared Since 1995!

Balance of Payments in Emerging Markets
Asia sports a small debt-to-GDP ratio while countries like the United States harbor a debt-to-GDP ratio approaching 6.5%. Other countries, like France and England, also have bulging deficits.

Current-account deficits and budget deficits are also negligible, if at all, in Asia. This compares to huge fiscal and budget imbalances in the United States and parts of Europe.

Some countries, including those in Eastern Europe and the Baltics are home to enormous budget deficits following years of booming economic growth. That's exactly what occurred in Asia in the 1990s as markets rapidly expanded and trade deficits accumulated, combined with overvalued currencies. Ultimately, high-speed growth smashed the economies in the region after years of rampant borrowing.

Don't forget: Asia is now the richest source of combined U.S. dollar foreign-exchange reserves at US$2.5 trillion. That's a testament to thriving international and regional trade.

There's no doubt about it: Asian currencies and investments denominated in those units will greatly reward long-term investors.

ERIC ROSEMAN, Investment Director
RosemanBlog.SovereignSociety.com

Wealth & Investments

Jobs Slump Sends Fresh Jitters
Through Wall Street

The global stock market bounce got thrown a nasty breaking curveball on Friday. The much-worse-than-expected jobs report tipped the delicate balance of market psychology back into the fear camp (i.e. traders got scared and started panic selling), which led to another triple-digit loss for the Dow.

The monthly employment report released last Friday showed a surprising reversal of fortune in the U.S. jobs market. Rather than the 100,000 or so jobs that the economy was expected to add last month, according to forecasts, the data indicated 4,000 jobs were lost.

That was the first time the economy has lost jobs in more than four years. This brought fresh fears to Wall Street that the credit crunch may be finally spilling over onto Main Street.

Since the sub-prime induced credit crunch began to roil financial markets in July, this has been the key debate: How much (if at all) would credit market woes spill over into the "real economy?"

The housing market in the U.S., which had been such a key driver of overall growth for many years, is suffering its worst contraction since the Depression. But up until now, we haven't seen a very negative impact on consumer spending, or on employment. All that appears to have changed now.

Not only were 4,000 jobs lost in August, but the data revealed huge revisions to employment over the last two months as well. The number of jobs created in June and July was previously reported as a robust 218,000. But Friday's report revised those gains sharply lower to just 69,000 new jobs in June and 68,000 in July.

Combined with August's loss of 4,000 jobs, this is a three-month moving average of less than 50,000 new payrolls per month. Economists generally agree that a healthy economy should add about 150,000 jobs per month in order to keep unemployment from rising.

These are troubling signs for the health of Main Street consumers.

This Friday, we'll get to see a report from the Commerce Department on August retail sales. Economists are forecasting a rise of 0.4%...so place your bets.

Speaking of wagers, the futures market is now indicating roughly 75% chance of a cut in the Fed funds rate at the FOMC's meeting on September 18. Up sharply from less than 50% before Friday's dismal jobs repot.

However, a cut in fed funds may NOT be the panacea for financial markets that many investors seem to believe...stay tuned!

MIKE BURNICK, Senior Editor & Global Markets Analyst
BurnickBlog.SovereignSociety.com

EDITOR'S NOTE: It seems the S#&% really has hit the fan - as they say. But as jitters continue to ripple through the global markets, you can shield your portfolio with the strongest global plays that capitalize and thrive on this market volatility.


Privacy & Rights

A Small but Important Victory in the
War Against Civil Forfeiture

I've long criticized state and federal civil forfeiture laws. These bounty-hunter type laws permit police to seize your property without ever charging you with a crime, much less convicting you of one.

Based on the flimsiest imaginable evidence (perhaps provided by a "confidential informant"), police can seize your property. They can take your bank accounts, security accounts, your vehicle - even your home - if it's allegedly purchased with, connected to or "facilitates" any one of more than 300 crimes.

That's bad enough. But there's an even more onerous type of forfeiture - one that's brought against your property in connection with a criminal proceeding. Because you must be convicted of a criminal offense in order for the forfeiture to be finalized, it's called "criminal forfeiture."

As with a civil forfeiture, in a criminal forfeiture, it's possible to seize property prior to a conviction. Unless you can prove the property won't ultimately be forfeitable, the property is not available for your use. If that means you can't pay living expenses or hire defense counsel - well, too bad!

In 1989, the Supreme Court ruled that pre-trial restraint of assets that could have been used to pay an attorney did not violate a defendant's constitutional right to an attorney.

However, in a criminal forfeiture, if the property to be forfeited isn't available (perhaps it's stashed in an offshore trust), the court can order the forfeiture of substitute untainted property. Some prosecutors have combined the ability to freeze assets prior to trial with the ability to seize substitute, untainted assets, to seize virtually all of a defendant's assets before a trial began.

If you're the defendant, this can leave you virtually penniless and unable to defend yourself, except using a court-appointed attorney, who may not be familiar with the many nuances and "legal fictions" of forfeiture law.

While the courts don't generally uphold this tactic, it persists, mainly because it puts the government in a much stronger negotiating position. Now, yet another federal court has ruled that the government may not restrain "substitute assets" prior to a criminal conviction and order of forfeiture.

Dana Jarvis and 20 other co-defendants were indicted in a drug trafficking case. Prosecutors tried to restrain real estate Jarvis purchased before the alleged conspiracy ever took place, by filing a notice of lis pendens, which alerts a potential purchaser or lender that the property's title is in question. Since the real estate was clearly not associated with the conspiracy, however, the 10th U.S. Circuit Court of Appeals ruled August 28 that the government couldn't restrain it.

This is a small, but important legal victory in the war against unjust forfeitures. You should have a right to use whatever property you have that's not criminally derived to defend yourself if the government accuses you of a crime.

The 10th Circuit's ruling upholds this right, and joins five other Circuits holding that prosecutors may not restrain "substitute assets" prior to a criminal conviction and order of forfeiture.

To learn more about U.S. civil and criminal forfeiture law, and how to make certain your property doesn't come under attack, click here.

MARK NESTMANN, Privacy Expert & President of The Nestmann Group
www.nestmann.com
NestmannBlog.SovereignSociety.com


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