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Tag: Investment strategy

  • Goldman Sachs is planning to cut up to 8% of its employees in January

    Goldman Sachs is planning to cut up to 8% of its employees in January

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    David Solomon, chief executive officer of Goldman Sachs Group Inc., during a Bloomberg Television at the Goldman Sachs Financial Services Conference in New York, US, on Tuesday, Dec. 6, 2022. 

    Michael Nagle | Bloomberg | Getty Images

    Goldman Sachs, the storied investment bank, plans on cutting up to 8% of its employees as it girds for a tougher environment next year, according to a person with knowledge of the situation.

    The layoffs will impact every division of the bank and will likely happen in January, according to the person, who declined to be identified speaking about personnel decisions.

    That’s ahead of an upcoming conference for Goldman shareholders in which management is expected to present performance targets. The New York-based investment bank typically pays bonuses in January, and its possible the layoffs could be a way to preserve bonus dollars for remaining employees.

    The bank’s planning is ongoing, and the round could be smaller than that, the person added. But that means as many as about 4,000 employees could be impacted, as reported by Semafor earlier Friday. Goldman had been in hiring mode previously: the firm had 49,100 workers as of September 30, which is 14% more than a year earlier.

    Goldman CEO David Solomon indicated that he was looking to rein in expenses at a conference for financial firms last week.

    “We continue to see headwinds on our expense lines, particularly in the near term,” Solomon said. “We’ve set in motion certain expense mitigation plans, but it will take some time to realize the benefits. Ultimately, we will remain nimble and we will size the firm to reflect the opportunity set.”

    This story is developing. Please check back for updates.

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  • Here are Friday’s biggest analyst calls: Apple, Amazon, Meta, Nvidia, Carvana, Delta, Walmart & more

    Here are Friday’s biggest analyst calls: Apple, Amazon, Meta, Nvidia, Carvana, Delta, Walmart & more

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  • No signs of crypto spilling over into traditional assets – yet, analyst says

    No signs of crypto spilling over into traditional assets – yet, analyst says

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    The collapse of FTX has sent shockwaves through the cryptocurrency industry. The price of bitcoin and other major digital coins have fallen sharply as problems at FTX emerged.

    Jakub Porzycki | Nurphoto | Getty Images

    There are “no signs of spillover” from cryptocurrency into more traditional assets, according to an investment analyst from AJ Bell.

    Billions of dollars were lost when the exchange FTX collapsed, raising questions about whether movements in the crypto sphere could ricochet through to other financial systems.

    “Crypto has a lot of money but it’s kind of built up as a separate ecosystem,” head of investment analysis Laith Khalaf said on “Squawk Box Europe” Wednesday.

    But that doesn’t necessarily mean there couldn’t be some overlap in the future.

    “If we had a more system-wide issue you could start see it affecting other assets,” Khalaf said, “but I don’t really see that,” he added.

    In two separate court filings, FTX’s lawyers said in November that it likely had more than 1 million creditors, and owes its top 50 unsecured creditors $3.1 billion.

    The founder and former CEO of the exchange, Sam Bankman-Fried, was then charged with defrauding investors Tuesday after being arrested Monday.

    A ‘highly volatile’ asset

    Khalaf was reluctant to make predictions as to where cryptocurrency will go next because it’s so changeable as an asset.

    “We could be sitting here talking this time next year and [Bitcoin] could be at $5,000 or $50,000. It just wouldn’t surprise me because the market is so heavily driven by sentiment,” Khalaf said.

    And while there are questions as to the long-term adoption of cryptocurrency, Khalaf made one point with a lot of certainty.

    “For the foreseeable, [cryptocurrency] remains highly volatile and speculative asset,” he said.

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  • Office space REITs concentrated in major markets will see big losses, says Don Peebles

    Office space REITs concentrated in major markets will see big losses, says Don Peebles

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    Don Peebles, The Peebles Corp. chairman and CEO, joins ‘The Exchange’ to discuss what investors should be watching out for in office REITs.

    05:26

    Thu, Dec 15 20222:17 PM EST

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  • Morgan Stanley upgrades Verizon, cites favorable risk-reward outlook after stock’s underperformance

    Morgan Stanley upgrades Verizon, cites favorable risk-reward outlook after stock’s underperformance

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  • Bond king Gundlach says the Fed should not do more rate hikes after the latest increase

    Bond king Gundlach says the Fed should not do more rate hikes after the latest increase

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  • Here’s what the Federal Reserve’s half-point rate hike means for you

    Here’s what the Federal Reserve’s half-point rate hike means for you

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    The Federal Reserve raised its target federal funds rate by 0.5 percentage points at the end of its two-day meeting Wednesday in a continued effort to cool inflation.

    Although this marks a more typical hike compared to the super-size 0.75 percentage point moves at each of the last four meetings, the central bank is far from finished, according to Greg McBride, chief financial analyst at Bankrate.com.

    “The months ahead will see the Fed raising interest rates at a more customary pace,” McBride said.

    More from Invest in You:
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    Inflation boosts U.S. household spending by $433 a month

    The latest move is only one part of a rate-hiking cycle, which aims to bring down inflation without tipping the economy into a recession, as some feared would have happened already.

    “I thought we would be in the midst of a recession at this point, and we’re not,” said Laura Veldkamp, a professor of finance and economics at Columbia University Business School.

    “Every single time since World War II the Federal Reserve has acted to reduce inflation, unemployment has shot up, and we are not seeing that this time, and that’s what stands out,” she said. “I couldn’t really imagine a better scenario.”

    Still, the combination of higher rates and inflation has hit household budgets particularly hard.

    What the federal funds rate means for you

    The federal funds rate, which is set by the central bank, is the interest rate at which banks borrow and lend to one another overnight. Whether directly or indirectly, higher Fed rates influence borrowing costs for consumers and, to a lesser extent, the rates they earn on savings accounts.

    For now, this leaves many Americans in a bind as inflation and higher prices cause more people to lean on credit just when interest rates rise at the fastest pace in decades.

    With more economic uncertainty ahead, consumers should be taking specific steps to stabilize their finances — including paying down debt, especially costly credit card and other variable rate debt, and increasing savings, McBride advised.

    Pay down high-rate debt

    Since most credit cards have a variable interest rate, there’s a direct connection to the Fed’s benchmark, so short-term borrowing rates are already heading higher.

    Credit card annual percentage rates are now over 19%, on average, up from 16.3% at the beginning of the year, according to Bankrate.

    The cost of existing credit card debt has already increased by at least $22.9 billion due to the Fed’s rate hikes, and it will rise by an additional $3.2 billion with this latest increase, according to a recent analysis by WalletHub.

    If you’re carrying a balance, “grab one of the zero-percent or low-rate balance transfer offers,” McBride advised. Cards offering 15, 18 and even 21 months with no interest on transferred balances are still widely available, he said.

    “This gives you a tailwind to get the debt paid off and shields you from the effect of additional rate hikes still to come.”

    Otherwise, try consolidating and paying off high-interest credit cards with a lower interest home equity loan or personal loan.

    Consumers with an adjustable-rate mortgage or home equity lines of credit may also want to switch to a fixed rate. 

    How to know if we are in a recession

    Because longer-term 15-year and 30-year mortgage rates are fixed and tied to Treasury yields and the broader economy, those homeowners won’t be immediately impacted by a rate hike.

    However, the average interest rate for a 30-year fixed-rate mortgage is around 6.33% this week — up more than 3 full percentage points from 3.11% a year ago.

    “These relatively high rates, combined with persistently high home prices, mean that buying a home is still a challenge for many,” said Jacob Channel, senior economic analyst at LendingTree.

    The increase in mortgage rates since the start of 2022 has the same impact on affordability as a 32% increase in home prices, according to McBride’s analysis. “If you had been approved for a $300,000 mortgage in the beginning of the year, that’s the equivalent of less than $204,500 today.”

    Anyone planning to finance a new car will also shell out more in the months ahead. Even though auto loans are fixed, payments are similarly getting bigger because interest rates are rising.

    The average monthly payment jumped above $700 in November compared to $657 earlier in the year, despite the average amount financed and average loan term lengths staying more or less the same, according to data from Edmunds.

    “Just as the industry is starting to see inventory levels get to a better place so that shoppers can actually find the vehicles they’re looking for, interest rates have risen to the point where more consumers are facing monthly payments that they likely cannot afford,” said Ivan Drury, Edmunds’ director of insights. 

    Federal student loan rates are also fixed, so most borrowers won’t be impacted immediately by a rate hike. However, if you have a private loan, those loans may be fixed or have a variable rate tied to the Libor, prime or T-bill rates — which means that as the Fed raises rates, borrowers will likely pay more in interest, although how much more will vary by the benchmark.

    That makes this a particularly good time to identify the loans you have outstanding and see if refinancing makes sense.

    Shop for higher savings rates

    While the Fed has no direct influence on deposit rates, they tend to be correlated to changes in the target federal funds rate, and the savings account rates at some of the largest retail banks, which were near rock bottom during most of the Covid pandemic, are currently up to 0.24%, on average.

    Thanks, in part, to lower overhead expenses, the average online savings account rate is closer to 4%, much higher than the average rate from a traditional, brick-and-mortar bank.

    “The good news is savers are seeing the best returns in 14 years, if they are shopping around,” McBride said.

    Top-yielding certificates of deposit, which pay between 4% and 5%, are even better than a high-yield savings account.

    And yet, because the inflation rate is now higher than all of these rates, any money in savings loses purchasing power over time. 

    What’s coming next for interest rates

    Consumers should prepare for even higher interest rates in the coming months.

    Even though the Fed has already raised rates seven times this year, more hikes are on the horizon as the central bank slowly reins in inflation.

    Recent data show that these moves are starting to take affect, including a better-than-expected consumer prices report for November. However, inflation remains well above the Fed’s 2% target.

    “They will still be raising interest rates now and into 2023,” McBride said. “The ultimate stopping point is unknown, as is how long rates will stay at that eventual destination.”

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    Correction: A previous version of this story misstated the extent of previous rate hikes.

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  • Here’s why Mendon Capital Advisors’ Anton Schutz likes regional banks

    Here’s why Mendon Capital Advisors’ Anton Schutz likes regional banks

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    Anton Schutz, Mendon Capital Advisors president and CIO, joins ‘The Exchange’ to discuss the bright spots in the investing landscape this year, why the banks haven’t benefited from higher net interest income and more.

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  • This 529 savings plan myth is making college pricier for families, consultant says: ‘It’s candidly, blatantly not true’

    This 529 savings plan myth is making college pricier for families, consultant says: ‘It’s candidly, blatantly not true’

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    Kevin Dodge | The Image Bank | Getty Images

    SEATTLE — For many families, paying for college is a financial burden, and experts say education funding myths may be adding to the student loan debt crisis.

    “There’s often this perception that somehow people are being penalized for saving for college,” said Cozy Wittman, national education and partnerships speaker with College Inside Track. “It’s candidly, blatantly not true.”

    Parent-owned 529 college savings plans are assessed at 5.64% when filing the Free Application for Federal Student Aid, known as the FAFSA, she said, speaking at the Financial Planning Association’s annual conference on Tuesday. 

    That means for every $10,000 of 529 plan savings, roughly $564 counts toward the parents’ expected family contribution, potentially reducing financial aid by roughly the same amount, according to the College Savings Plans Network.

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    A 529 plan offers several benefits: The owner keeps control of the funds, there’s tax-free growth for qualified expenses and flexibility to change the beneficiary, Wittman said.

    The average 529 account value was $30,287 in 2021, the College Savings Plans Network reported.

    Grandparent 529 savings won’t count on the FAFSA

    Previously, grandparent-owned 529 plans negatively affected need-based financial aid because distributions counted as student income on the next year’s FAFSA, assessed at up to 50%, Wittman said.  

    However, recent FAFSA changes scrapped that rule, effective for the 2023-2024 school year, meaning “grandparents’ [529 plan] savings has no impact on the student,” she said.

    “This has real-world implications for where people save,” Wittman said.

    While many grandparents like contributing to parent-owned 529 plans rather than opening their own, “it would actually be smarter today to flip that around,” she said.  

    Why to consider colleges with price ‘flexibility’

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  • On the eve of the Fed’s decision, the case for stocks’ year-end strength is solidifying

    On the eve of the Fed’s decision, the case for stocks’ year-end strength is solidifying

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  • Copper prices — traditionally a barometer for the global economy — are expected to soar next year

    Copper prices — traditionally a barometer for the global economy — are expected to soar next year

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    Sheets of copper cathode are pictured at BHP Billiton’s Escondida, the world’s biggest copper mine, in Antofagasta, northern Chile March 31, 2008.

    Ivan Alvarado | Reuters

    Copper — traditionally seen as a leading indicator of economic health — has unsurprisingly had a rough year. But analysts expect a resurgence in 2023, even as the global outlook remains highly uncertain.

    Some of Wall Street’s biggest banks in recent weeks have suggested a combination of short-term supply tightness and long-term energy transition-related demand will push the red metal north from here.

    The downward pressure in 2022 stemmed in part from persistent market expectations for a surplus inflection in the metal market, driven by anticipation of sluggish demand amid slowing global growth and an acceleration of mining activity, Goldman Sachs strategists said in a note last week.

    However, this has not come to fruition, and Goldman highlighted that the cathode market has remained in a “clear deficit (GS estimate 210kt versus 131kt previously), with global visible stocks falling to their lowest level in 14 years,” metals strategist Nick Snowdown said.

    “Equally important, the surplus we previously expected for 2023 (169kt surplus) has also now disappeared in our latest balance iteration (GSe 178kt deficit),” he added.

    The metal — used in many sectors — has also endured a tough 2022 due to tighter U.S. monetary policy, the energy crisis arising from Russia’s war in Ukraine and China’s combination of strict Covid-19 lockdowns and a weak property market. LME copper prices peaked at over $10,600/t in March this year.

    Should China’s relaxation of its zero-Covid restrictions advance further toward a reopening of the economy, restocking is likely to play out, Goldman believes.

    “If China were to return its copper stock to consumption ratio to pre-2020 levels, that would imply as much as a 500kt boost to physical demand,” Snowdown said.

    Three-month copper futures on the London Metal Exchange traded at $8,543 on Monday morning in Europe, after posting their strongest month since April 2021 in November on hopes for a demand boost if China eased its zero-Covid policies.

    Goldman last week hiked its 12-month forecast to $11,000/t from $9,000/t and upgraded its average price forecast to $9,750/t for 2023 and $12,000/t in 2024.

    Bank of America commodity strategists believe copper could rally to $12,000/t in the second quarter of 2023, given the right set of circumstances. Such a scenario would require a pivot by the U.S. Federal Reserve toward less aggressive monetary policy tightening, limiting upside in the U.S. dollar, and for demand to remain supported as the planned energy transition accelerates.

    “Notwithstanding the macro headwinds, physical markets have remained tight, highlighting the lack of spare copper units available at present,” Commodity Strategist Michael Widmer said in Bank of America’s 2023 metals outlook report.

    Widmer also noted that global copper demand has proven resilient, rising on an annual basis year-to-date as purchases outside China run at record levels.

    While macroeconomic headwinds will likely persist into 2023, Widmer said offtake should remain positive when modeled on global GDP growth.

    Lithium is relatively abundant but it's extremely hard to extract and process: American Lithium CEO

    “Taking this a step further … China’s grid spending has offset weakness in the wider economy: indeed, building out the electricity infrastructure has completely offset weakness in the housing market,” Widmer said, adding that the key question going forward was whether this is a one-off or the beginnings of a structural trend.

    He also noted that the correlation between global copper demand and industrial production growth has broken down over the past year and a half.

    “In our view, this confirms to some extent that green spending has already supported global copper demand and physical markets,” Widmer said.

    Bank of America’s collated data on demand growth rates from sectors linked to net-zero policies indicated an expansion in copper consumption of 4.5% year-on-year out to 2030. By contrast, potential demand growth has been 2.1% over the past two decades, Widmer noted.

    Consensus more cautious

    Although taking a more cautious view to reflect softer market sentiment as a result of the expected global economic downturn, strategists at Fitch Ratings last week suggested any hit to copper will be offset by “supportive short- and medium-term supply-demand drivers.”

    “We expect a moderate increase in global primary copper consumption of about 2% in 2023, similar to 2022. Mine supply will grow by around 4% in 2023, although disruptions may affect that,” they said in a research note.

    “A tightly balanced market and minimal global copper stocks (less than two weeks’ consumption) will sustain prices in 2023. Copper’s longer-term prospects are supported by demand from the energy transition.”

    China eases Covid restrictions on travel within the country

    Fitch maintained a spot copper price assumption of $8,000/t for 2023, sliding to $7,500/t in 2024 and 2025.

    However, other institutions retain a more bearish view, at least in the short term. BNP Paribas in its 2023 outlook forecast a three-month copper price of $6,800/t in the first quarter of next year, falling to $6,465/t in the second, but recovering to $8,250/t by the end of 2024.

    “We expect a fall in European manufacturing activity to add to the impact of slowing Chinese and U.S. activity,” the French lender said.

    “Rising mine supply and accelerating output of Chinese refined copper are expected to push the market into a sizeable surplus in 2023, easing LME spread tightness and weighing on prices.”

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  • Oppenheimer sees the S&P 500 rallying nearly 12% next year as corporate earnings hold up

    Oppenheimer sees the S&P 500 rallying nearly 12% next year as corporate earnings hold up

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  • The Federal Reserve is about to hike interest rates one last time this year. Here’s how it may affect you

    The Federal Reserve is about to hike interest rates one last time this year. Here’s how it may affect you

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    The Federal Reserve is expected on Wednesday to raise interest rates for the seventh time this year to combat stubborn inflation. 

    The U.S. central bank will likely approve a 0.5 percentage point hike, a more typical pace compared with the super-size 75 basis point moves at each of the last four meetings.

    This would push benchmark borrowing rates to a target range of 4.25% to 4.5%. Although that’s not the rate consumers pay, the Fed’s moves still affect the rates consumers see every day.

    Why a smaller rate hike may be ‘pretty good news’

    By raising rates, the Fed makes it costlier to take out a loan, causing people to borrow and spend less, effectively pumping the brakes on the economy and slowing down the pace of price increases. 

    “For most people this is pretty good news because prices are starting to stabilize,” said Laura Veldkamp, a professor of finance and economics at Columbia University Business School. “That’s going to bring a lot of reassurance to households.”

    However, “there are some households that will be hurt by this,” she added — particularly those with variable rate debt.

    For example, most credit cards come with a variable rate, which means there’s a direct connection to the Fed’s benchmark rate.

    But it doesn’t stop there.

    More from Personal Finance:
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    Inflation boosts U.S. household spending by $433 a month

    What the Fed’s rate hike means for you

    Another increase in the prime rate will send financing costs even higher for many other forms of consumer debt. On the flip side, higher interest rates also mean savers will earn more money on their deposits.

    “Credit card rates are at a record high and still increasing,” said Greg McBride, chief financial analyst at Bankrate.com. “Auto loan rates are at an 11-year high, home equity lines of credit are at a 15-year high, and online savings account and CD [certificate of deposit] yields haven’t been this high since 2008.”

    Here’s a breakdown of how increases in the benchmark interest rate have impacted everything from mortgages and credit cards to car loans, student debt and savings:

    1. Mortgages

    2. Credit cards

    Credit card annual percentage rates are now more than 19%, on average, up from 16.3% at the beginning of the year, according to Bankrate.

    “Even those with the best credit card can expect to be offered APRs of 18% and higher,” said Matt Schulz, LendingTree’s chief credit analyst.

    But “rates aren’t just going up on new cards,” he added. “The rate you’re paying on your current credit card is likely going up, too.”

    Further, households are increasingly leaning on credit cards to afford basic necessities since incomes have not kept pace with inflation, making it even harder for those carrying a balance from month to month.

    If the Fed announces a 50 basis point hike as expected, the cost of existing credit card debt will increase by an additional $3.2 billion in the next year alone, according to a new analysis by WalletHub.

    3. Auto loans

    Even though auto loans are fixed, payments are getting bigger because the price for all cars is rising along with the interest rates on new loans. So if you are planning to buy a car, you’ll shell out more in the months ahead.

    The average interest rate on a five-year new car loan is currently 6.05%, up from 3.86% at the beginning of the year, although consumers with higher credit scores may be able to secure better loan terms.

    Paying an annual percentage rate of 6.05% instead of 3.86% could cost consumers roughly $5,731 more in interest over the course of a $40,000, 72-month car loan, according to data from Edmunds.

    Still, it’s not the interest rate but the sticker price of the vehicle that’s primarily causing an affordability crunch, McBride said.

    4. Student loans

    The interest rate on federal student loans taken out for the 2022-23 academic year already rose to 4.99%, up from 3.73% last year and 2.75% in 2020-21. It won’t budge until next summer: Congress sets the rate for federal student loans each May for the upcoming academic year based on the 10-year Treasury rate. That new rate goes into effect in July.

    Private student loans tend to have a variable rate tied to the Libor, prime or Treasury bill rates — and that means that, as the Fed raises rates, those borrowers are also paying more in interest. How much more, however, will vary with the benchmark.

    Currently, average private student loan fixed rates can range from 2.99% to 14.96%, and 2.99% to 14.86% for variable rates, according to Bankrate. As with auto loans, they vary widely based on your credit score.

    5. Savings accounts

    On the upside, the interest rates on some savings accounts are also higher after consecutive rate hikes.

    While the Fed has no direct influence on deposit rates, the rates tend to be correlated to changes in the target federal funds rate. The savings account rates at some of the largest retail banks, which were near rock bottom during most of the Covid pandemic, are currently up to 0.24%, on average.

    Thanks, in part, to lower overhead expenses, top-yielding online savings account rates are as high as 4%, much higher than the average rate from a traditional, brick-and-mortar bank, according to Bankrate.

    “Interest rates can vary substantially, especially in today’s interest rate environment in which the Fed has raised its benchmark rate to its highest level in more than a decade,” said Ken Tumin, founder of DepositAccounts.com.

    “Banks make money off of customers who don’t monitor their interest rates,” Tumin said.

    With balances of $1,000 to $25,000, the difference between the lowest and highest annual percentage yield can result in an additional $51 to $965 in a year and $646 to $11,685 in 10 years, according to an analysis by DepositAccounts.

    Still, any money earning less than the rate of inflation loses purchasing power over time. 

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  • Cramer: Apple, Amazon, Microsoft and Google will fuel the next rally — but not in the usual way

    Cramer: Apple, Amazon, Microsoft and Google will fuel the next rally — but not in the usual way

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    Satya Nadella, chief executive officer of Microsoft Corp., during the company’s Ignite Spotlight event in Seoul, South Korea, on Tuesday, Nov. 15, 2022. Nadella gave a keynote speech at an event hosted by the company’s Korean unit.

    SeongJoon Cho | Bloomberg | Getty Images

    To build a fire — but not destroy the market by doing so.

    That’s the goal right now. It’s not as easy as in the famous Jack London short story (“To Build a Fire”) where, in the end, the survivors profit rather than freeze to death in their sleep. 

    In the early part of this decade, we saw the rise of Robinhood (HOOD) and the distribution of investments from the serious to the ephemeral. These days, Robinhood has the appearance of one gigantic bonfire of young people’s money. The gamification concept was real and the exodus of investors was noisy — culminating with the ridiculous self-immolation of GameStop (GME), AMC Entertainment (AMC) and the meme stocks. Those who fought this trend abandoned Twitter, hired bodyguards and tried to hide from the angry mob that was attempting to will stocks higher by savaging the sellers. No tinder from these clowns. 

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  • We expect China’s economy to grow 5.8% in 2023, Standard Chartered says

    We expect China’s economy to grow 5.8% in 2023, Standard Chartered says

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    Shuang Ding of Standard Chartered explains why its forecast for China's economy is above consensus.

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  • Goldman and Bank of America see copper soaring to record highs

    Goldman and Bank of America see copper soaring to record highs

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  • Health care will continue to be a leader going into next year, says Strategas’ Chris Verrone

    Health care will continue to be a leader going into next year, says Strategas’ Chris Verrone

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    Chris Verrone, Strategas head of technical analysis, joins ‘Closing Bell: Overtime’ to discuss why he thinks there will be opportunity in health care stocks in 2023.

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  • Justice Department tells bankers to confess their misdeeds to cut better enforcement deals

    Justice Department tells bankers to confess their misdeeds to cut better enforcement deals

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    U.S. prosecutor Marshall Miller (C), William Nardini (R) and Kristin Mace attend a news conference in Rome February 11, 2014.

    Tony Gentile | Reuters

    Banks and other corporations that proactively report possible employee crimes to the government instead of waiting to be discovered will get more lenient terms, according to a Justice Department official.

    The DOJ recently overhauled its approach to corporate criminal enforcement to incentivize companies to root out and disclose their misdeeds, Marshall Miller, a principal associate deputy attorney general, said Tuesday at a banking conference in Maryland.

    “When misconduct occurs, we want companies to step up,” Miller told the bank attorneys and compliance managers in attendance. “When companies do, they can expect to fare better in a clear and predictable way.”

    Banks, at the nexus of trillions of dollars of flows around the world daily, have a relatively high burden for enforcing anti-money laundering and other legal and regulatory requirements.

    But they have a lengthy track record of failures, often due to unscrupulous employees or bad practices.

    The industry has paid more than $200 billion in fines since the 2008 financial crisis, mostly tied to its role in the mortgage meltdown, according to a 2018 tally from KBW. Traders and bankers have also been blamed for manipulating benchmark rates, currencies and precious metal markets, stealing billions of dollars from developing nations, and laundering money for drug lords and dictators.

    The carrot that Justice officials are dangling before the corporate world includes a promise that companies that promptly self-report misconduct won’t be forced to enter a guilty plea, “absent aggravating factors,” Miller said. They will also avoid being assigned in-house watchdogs called monitors if they fully cooperate and bootstrap internal compliance programs, he said.

    Remember Arthur Andersen?

    Uber compliant

    Even in cases where problems aren’t immediately found, the Justice Department gives credit for managers who volunteer information to the authorities, Miller said. He cited the recent conviction of Uber‘s ex-chief security officer for obstruction of justice as an example of their current methods.

    “When Uber’s new CEO came on board and learned of the CSO’s conduct, the company made the decision to self-disclose all the facts regarding the cyber incident and the CSO’s obstructive conduct to the government,” he said. The move resulted in a deferred prosecution agreement.

    Companies will also be looked at favorably for creating compensation programs that allow for the clawback of bonuses, he said.

    The department-wide shift in its approach comes after a year-long review of its processes, Miller said.

    Crypto hint

    Miller also rattled off a list of recent cryptocurrency-related enforcement actions and hinted that the agency was looking at potential manipulation of digital asset markets. The recent collapse of FTX has led to questions about whether founder Sam Bankman-Fried will face criminal charges.

    “The department is closely tracking the extreme volatility in the digital assets market over the past year,” he said, adding a well-known quote attributed to Berkshire Hathaway‘s Warren Buffett about discovering misdeeds or foolish risk-taking “when the tide goes out.”

    “For now, all I’ll say is those who have been swimming naked have a lot to be concerned about, because the department is taking note,” Miller said.

    —With reporting from CNBC’s Dan Mangan

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  • This real estate name could gain 19% as demand grows for single-family home rentals, Goldman Sachs says

    This real estate name could gain 19% as demand grows for single-family home rentals, Goldman Sachs says

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  • Grade My Trade: Wells Fargo and the financials

    Grade My Trade: Wells Fargo and the financials

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    ‘Mad Money’ host Jim Cramer and the ‘Halftime Report’ investment committee, Joe Terranova, Karen Firestone and Jason Snipe, weigh in on the Wells Fargo trade and whether now is the time to buy financials.

    03:28

    Wed, Dec 7 20221:00 PM EST

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