Wednesday, September 19, 2007

Two Sides of the Same Coin

Sub-prime mortgage sellers and hedge funds are inextricably linked. In fact, we think they're two sides of the same coin. Hence, we expect most hedge funds to follow the sub-prime sellers right on out the door.

Here's why. Both were new products, with no regulation. Once investors find out how toxic these products are, no one wants to touch them. It's happened to sub-prime sellers, and it's beginning to happen to hedge funds.

Case in point: Absolute Capital. Supposedly, the founder of the company quit because of a pay dispute within the firm. We don't believe it. Most of the guy's funds are impossible to value because of there is no secondary market for the investment vehicles they hold. Many investors want to withdraw their funds now that the guy is leaving. How convenient: Now he doesn't have to face the slow pain of watching his vehicles waste away to nothing. He can just claim the funds failed because investors withdrew their funds.

Now it's time to screw the customer. First, Absolute Capital has decided you can't take your money out now. Second, they're going to divide some funds up and re-issue two different types of stock. Apparently, one type of stock in will contain performing assets, while the other type of stock will contain the non-performing assets (sub-prime related stuff).

So instead of devaluing their portfolios by half, they're going to split each portfolio into a fund that has half the worth of the original fund and a fund that is worthless.

Man, that really sucks. But hedge-fund investors have signed away their rights like nobody's business. As long as the market rises, no problem. When the market falls, though, it's time to invoke those protective clauses their lawyers slipped in. Just like many sub-prime loan owners ignored the risk they were taking because they wanted in on the deal, so too did hedge-fund investors sign away their rights to the fund manager.

There will be no claims that people didn't read the paperwork, which is what most sub-prime investors are telling anyone who asks. Hedge-fund investors are supposed to be smarter than others, because they have a net worth of more than $1 million. So they can't say they didn't understand the contract, though I'm sure many will try.

But eventually, just like with sub-prime loans, the public will learn what a bad deal they signed into. And people won't want to do it again. At least for another few years, until they invent some new products that are ahead of all regulation.

We'll end with this: Marc Faber, a guy we really like, says the market could fall 30% before it bottoms. That's down to 10,000 on the Dow, and down to around 1,000 on the S&P 500 (SPX). If that happens, people are going to hate hedge funds as much as they hate sub-prime sellers.