Paper
presented
24 June 2004, at the conference “Towards a world without violence,
Fundacio
per la pau, Barcelona, for the session “Realitat I evolucio de la
industria
military”. This paper shows how Pentagon and other U.S. government
contractors
are rigging stock markets world wide through massive, coordinated,
selective
investments. These investments are hidden in plain sight, using U.S.
government
insured—risk free—money.
In Spring of
2003 Ken
Pedeleose, an analyst at the Pentagon department intended to control
program
costs at federal contractors, was startled to find that the overhead
costs of
virtually every airplane that Lockheed Martin sold the U.S. Air Force
would soon
be skyrocketing in price. Pedeleose had personally researched the
massive cost
increases on the C-130J transport, which would go up from $1.193
billion in
2003 to $8.352 billion by 2006. Documents
widely circulated by others in the Pentagon showed that costs
for the
F-16 program would jump from $3.49 billion in 2004 to $6.66 billion in
2005 and
then on to $14.84 billion the next year. The F/A-22, F-117, and many
other
programs showed similar vaults in costs.
In a 23 June
2003 letter
to the Chairman of the U.S. Senate Finance Committee,
Charles Grassley, Pedeleose gave the reason: Lockheed Martin
“has
to make up hundreds of millions of dollars in their pension funds that
were
invested in the stock market.”
Although
Pedeleose wrote
the Senator that “prudent investing may have offset some of this loss,”
he had
actually stumbled on something having nothing whatever to do with
“prudent”
investing. He
discovered what may well be the major way the U.S. government
selectively and
discreetly funnels iceberg sized chunks of cash into U.S. and world
stock
markets. Those who actually place the money for the government—“invest”
is
perhaps not the right word—have little reason to complain; unlike all
other
stock market investors, who are at risk even if only as fund managers,
the
government contractors’ pension funds operate with a money back
guarantee.
Literally,
gains are kept, losses are socialized.
Most people
undoubtedly
believe that U.S. stock markets—the Nasdaq and the New York Stock
Exchange—are
essentially free markets operating under something approaching laissez
faire. In fact, the Lockheed Martin
evidence proves that there is a material amount of federal tax
money
selectively invested on a risk free basis. One can make the assumption
that the
fund managers who place this money, and who work for companies which by
and
large live or die from federal contracts, act with complete
independence of
possible federal pressure, and that they do not act for careerist
reasons.
Given the other widely publicized and spectacular abuses which have
come to
light with regard to mutual fund and pension fund managers (some of
which are
discussed below), this assumption seems unreasonably trusting.
Otherwise, Pedeleose
had found a major slice of the world’s biggest, continuing, stock
market
manipulation scheme—a legal one, hidden in plain sight.
The Lockheed Martin matter came to light the
same way unpleasant truth about business matters nearly always
does—something
went wrong and various officials felt obliged to put something in
writing about
it. In this case what went wrong was the long grinding slide in the
stock
markets beginning in March 2000. Many major companies, such as Lockheed
Martin
and General Motors, found that their pension funds had dropped below
minimum
requirements imposed by federal regulation.
Most
companies have had
to solve the problems themselves, i.e., find the money to top up the
funds.
General Motors did so by issuing over $13 billion in corporate bonds in
early
June 2003, just as the interest rate on such bonds was at its lowest.
Even
though the company borrowed under extremely favorable terms, they did
not get
the money on terms as favorable as those given Lockheed Martin and
other major
federal contractors (including GM in its government sales). Lockheed
Martin and
other federal contractors literally operate under a law unto
themselves, known
as U.S. Government Cost Accounting Standards.
Lockheed
Martin itself
described how this law, with its money back guarantee on bad pension
fund investments,
works. The disclosure is in its December 31, 2002 annual report: “The
total
funding requirement for our pension plans under U.S. Government Cost
Accounting
Standards (CAS) in 2002 was $87 million. CAS is a major factor in
determining
our funding requirements and governs the extent to which our pension
costs are
allocable to and recoverable under contracts with the U.S. Government.
For
2003, we expect our funding requirements under CAS to increase
substantially.
This amount is recovered over time through the pricing of our products
and
services on U.S. Government contracts, and therefore is recognized in
our net
sales.”
The last sentence is particularly interesting. It means if Lockheed Martin loses pension fund money on the stock market, the company ultimately increases the size of its revenue by adding the losses onto its prices to the federal government. Impressionable stock buyers could get the idea that the company is doing something right, rather than realizing that the company’s pension fund had simply done something very wrong in the stock market.
Lockheed
Martin
overwhelmingly receives its revenue from one customer, the federal
government.
Thus it is a window into the pension fund activities of all the other
federal
contractors, such as Boeing and General Electric, the pension fund
activities
of which are obscured because they also have large slices of
nongovernmental
revenue. Major companies often have a number of different pension funds
covering different categories of employees. The detailed data on these
and
other pension funds is usually impossible to obtain because in 1994,
during the
inflation of the last bubble, Congress passed a law establishing
secrecy on
individual pension plans.[i]
Thus the pension liabilities of a company will usually be stated in one consolidated number in its annual
report.
However, some of the pension funds may be for divisions that do
business
exclusively or almost exclusively with the federal government and thus
operate
under the special law for federal contractors, CAS. And the other funds
may be
able to allocate a percentage of their losses to CAS reimbursement.
Lockheed
Martin was in
2002 the largest Pentagon contractor. It’s pension plan which received
the risk
free—to Lockheed Martin--money held
$25.5 billion
in 2001, of which $12.4 billion was in U.S. stock and $4 billion in
foreign
stocks. The latter figure is significant. It means that through these
federally
subsidized pension plans, U.S. taxpayer money is selectively invested
in stock
markets world wide.
This raises
interesting
questions. On 29 July 2003, Le Monde published an article on
foreign
ownership of French companies traded on the Paris exchange. This had
grown from
10% in 1985 to 43.7% in 2003. But specifically who were the foreign
owners? That
was generally impossible to determine. The exchange clearing houses
such as
Euroclear in Paris, which according to the article were the best
sources for
who owned what, would only give information on the location of the bank
in
which the title to the stocks was recorded. The head of investor
relations at a
major European military contractor, EADS, said, “I can’t know precisely
who are
our American stockholders, because many of them have entrusted their
stock to
European depositary banks.”
U.S.
government insured
investments in foreign stock would help explain why foreign stock
markets so
often change direction and follow the U.S. markets after the opening of
the
U.S. markets each day. The same pension funds may be doing the buying
at the
same time on both sides of the Atlantic.
Lockheed
Martin is only
one of hundreds of Pentagon contractors, nearly all of them operating
entirely
or in part under CAS. Add to this the contractors for NASA, the
Departments of
Energy; Homeland Security; Education; Health and Human Services; etc.
and we
are soon looking at numbers big enough—if used with options and at the
right
time of day--to act as catalysts, provoking rallies or turning around
declines.
There is
clear evidence
that some of the federal contractors have put their pension money into
bubble
stocks. For example, in June 2002, Northrop Grumman, which that year
was the
third largest Pentagon contractor in terms of value of Pentagon
contracts
awarded (the rankings vary a bit from year to year), put one of its
pension
fund managers, Pilgrim Baxter & Associates, on notice that their
$212
million small-cap growth portfolio was not performing as well as they
would
have liked. At the time the Nasdaq
bubble was hissing air, so a growth portfolio doing badly is hardly
surprising.
What is surprising, however, is that the pension fund kept pumping new
money,
or keeping old money, in the sagging fund. The Kansas Public Employees
Retirement System had terminated the Pilgrim fund earlier in the year.
As the
Lockheed Martin evidence shows,
pension funds sometimes hold mutual
funds. Thus the performance of pension funds can depend on that of
mutual
funds. At the height of the Nasdaq bubble,
$3.8 trillion was held in 8,482 U.S stock mutual funds. But a mere one hundred of these held over
40% of the total, $1.7 trillion.[ii]
By January 2004, the industry had become so concentrated that the 100
largest
stock funds held 47% of the stock fund assets.[iii]
In March 2003, the Chairman of ICI, the fund industry trade group,
testified to
Congress that only 497 funds held nearly three quarters of the total
assets in all
stock mutual funds.[iv] These numbers are sufficiently small now,
and were sufficiently small at the height of the bubble, to raise
legitimate
questions of coordinated buying. A
small number of funds could have enough clout to spark up a rally,
hoping to
lure in outside small investors, or even other fund managers, who
thought they
were following the momentum.
This
blindingly obvious
concentration is the essential point of U.S. stock markets. Although
ignored by
nearly every stock market commentator, it has been implicitly
acknowledged by
Claude Bebear, the PDG (CEO) of AXA, one of the biggest insurance
companies on
Earth. He wrote in his 2003 book Ils vont tuer le capitalisme (They
are
going to kill capitalism):
“…
today, shareholders are relegated to the role of quasi-spectators. The
small
shareholders that are now called ‘individual investors’ know that they
have
little weight. All together, they only represent a small percent of
capital
because the investments of households is more and more in the form of
mutual
funds, pension funds (fonds communs de placement) or life insurance
funds. The
shareholders today are thus the institutional investors.”[v]
[1]
Just in case
someone misses
the point, Bebear, in charge of one of the world’s biggest stock
portfolios,
says: “We are no more, in effect, in a
world that one reads in the economic text books, with innumerable
investors of
various characterizations, choosing each in his own way the stocks that
he’ll
put in his portfolio; the results of their millions of decisions
generating a
sort of changing market equilibrium, but a stable one. The truth is
that since
several years, the reasoned investment on a stock has almost
disappeared in favor
of more and more mechanical behavior.”[vi]
[2]
Bebear
discusses at some
length the role of indexes such as the Nasdaq 100, concluding: “Today,
programmed trading and index trading constitute the heart of the
market.”[vii]
[3]
But index
trading also
makes market manipulation relatively easy. Market manipulators could
buy index
options directly, and in huge quantities. Even the indexes themselves
are
relatively easy to manipulate. To move the index one merely has to move
a
handful of stocks. In March 2003, just seven stocks made up 35% of the
Nasdaq
100 index: Microsoft, Intel, Qualcomm, Amgen, Cisco Systems, Dell, and
eBay.
Move them and one moves the index.
This is
particularly
significant considering the financial cartels at the heart of Wall
Street.
There are 23 firms that deal directly with the Federal Reserve, buying
and
selling U.S. Treasuries. A number of
these firms are also simultaneously: investment banking firms,
which
launch stock onto the stock market; retail brokerage firms,
which sell
these same stocks to the investing public; mutual fund firms
which
invest in the stock market and in which small investors can invest; pension
fund management firms which run the pension funds of major
companies as
well as those of public organizations and unions, (the
cartel’s pension fund managers can then stuff the pension
funds with their own cartel’s mutual funds as well as the stock of the
companies for which they do investment banking); and market maker
firms
which support stocks by buying when no one else does.
The same giant firm which is intimately tied to the Federal
Reserve can
launch a stock, sell it to the public, stuff it into mutual funds and
pension
funds and support the stock when it starts to fall.
All of this
has created
vast conflicts of interest on the part of fund managers which Eliot
Spitzer,
the New York Attorney General, and others have detailed. On 1 July
2002, at the
height of the Enron, WorldCom, Global Crossing, and other scandals,
Spitzer,
along with the New York State Comptroller, the California State
Treasurer and
the North Carolina Treasurer issued a joint statement concerning this
conflict
of interest. They also announced some reforms which they claimed would
help to
reduce conflicts of interest. These officials said:
“Money
management firms that handle investments for public pension funds also
handle
investments for corporate 401(k) plans. This creates a potential
conflict of
interest, because the money managers may feel pressured to add stocks
of their
corporate 401(k) clients into the pension fund portfolios, even if it
is not in
the best interest of the pension fund. Similarly, money manager
research
analysts may be reluctant to provide objective research advice, knowing
that
adverse recommendations may cause their firms to lose corporate
clients. Other
potential conflicts of interest exist with respect to those money
management
firms that are subsidiaries of investment banking firms.”[viii]
California’s
plan had
lost $565 million on WorldCom alone. New York’s plan had lost $300
million.[ix]
These were defined benefits plans, so the states were on the hook; they
were
legally obligated to pay out the specified pensions. State taxpayers
had to
make up the money.
Bizarrely,
most of these
conflicts of interest don’t matter to the pension fund managers for
federal
contractors. They can simultaneously advance their personal careers and
devastate the funds they manage; all material damage will be
subsequently
made-good by the federal government under CAS without anyone really
noticing.
But couldn’t these fund managers act as sirens for all others? That is precisely the problem.
Wouldn’t
these fund
managers themselves need to be managed? Wouldn’t they need some system
of
coordination? Perhaps not, since they could simply keep an eye on each
other,
operating the same way as do the participants in an emergency telephone
tree at
a large organization. However, if a stock markets manager were
required, and
occasionally it might be, it does exist, at the highest level,
reporting
directly to the President of the United States. To
prevent a rerun of the stock market crash of 19 October 1987,
President Ronald Reagan signed, on 18 March 1988, Executive Order
12631. This
established the President’s Working Group on Financial Markets,
occasionally
referred to, on the rare occasions it is discussed at all, in the
business
press as “The Plunge Protection Team.”
It is composed of the Secretary of the Treasury, the Chairman of
the
Board of Governors of the Federal Reserve System, the Chairman of the
Securities
and Exchange Commission (SEC), the Chairman of the Commodities Futures
Trading
Commission, or the designees of each of the above. The Secretary of the
Treasury, or his designee is the chairman. The current designee, Brian
C.
Roseboro, is a former options trader.
Plunge
Protection almost
certainly intervened on 4 April 2000, when the Nasdaq 100, the index of
the top
100 high tech companies on the Nasdaq, initially crashed, dropping to
3525.44.
It then suddenly rebounded like someone at the end of a bungee jump
line,
shooting up 13% from the bottom to close at 4034.17. The net loss for
the day
was only about 1.4%. Someone paying little attention would have thought
nothing
happened, but many who watched the day closely may have suffered from
cardiac
arrest. According to market rumors, two major brokerage houses, Goldman
Sachs
and Merrill Lynch bought high priced futures options (“calls”). When
market
participants saw this massive buying of calls at high prices, they
themselves
turned around and started buying. The idea of acting in this way had
first been
proposed by Federal Reserve member Robert Heller in a 1989 Wall
Street
Journal article: “Instead of flooding the entire economy with
liquidity,
and thereby increasing the danger of inflation, the Fed could support
the stock
market directly by buying market averages in the futures market, thus
stabilizing the market as a whole.”
Are there any
other
suspicious days? One is 15 July 2002, a
day when the market fell dramatically, but then both the Dow Jones
Industrial
Average (Dow) and the Nasdaq composite mysteriously shot up at about
2:30. The
time itself is not unusual since the markets are often mysteriously
saved at
around that time. The saves have become so common that a few
commentators have
talked about them, for example John Crudele of
the New York Post, who appears to think the Plunge Protection
team is
responsible: “Washington is going to have to perfect its market rigging
technique. Make it a little more subtle. Perhaps start at 2:15 p.m. in
the trading
day rather that always at 3 p.m.”[x]
However, on
15 July 2002,
President George W. Bush gave a speech intended to reassure the markets. Briefing.Com, whose Live Market coverage is
on the Finance page of one of the most widely watched internet sites,
YAHOO!,
gave an account of what happened: “A wild session for the market
averages that
saw the Dow plunge roughly 440 points or 5% at its nadir this afternoon
and
then surge higher into the close. The very impressive turnaround off
the low of
nearly 4.8% even topped the intraday reversal seen the day that the
index
bottom[ed] last September…The market also took little positive out of
the
President’s midday speech. There did not appear to be a specific
catalyst
for the turnaround but the Dow did retest support at the closing low
from last
September 21….There was talk of heavy buying in the S&P futures
related to re-balancing but clearly once the recovery began to take
shape,
market participants jumped on the momentum[4]
bandwagon.[emphasis added]”
All the
elements were
there—a crashing market, inexplicable recovery, heavy buying of future
options
which acted as a catalyst, even a direct Presidential interest in the
turnaround.
So, the
staggering
concentration of mutual funds, the cartel structure of the financial
services
industry, the concentrated power of index trading or of selective
investments
in a handful of stocks within the index—all combine to produce the
utter
impotence of the individual investor. Most important, these elements in
combination give tremendous influence to federal contractor pension
fund
managers who receive risk free tax money to pump into stock markets
worldwide.
These fund managers can start pumping up bubbles, and can keep pumping
them
whenever they start to lose air. The actions of these federal
contractor
pension fund managers, and perhaps other giant fund managers, can then
be
managed, when necessary, by the Plunge Protection Team.
Robert
Bell,
Chairman of the Economics Department, Brooklyn College, N.Y., is the
author of
seven books, including: Beursbedrog (The Stock Market Sting),
De
Arbeiderspers, Amsterdam, 2003; Les peches capitaux de la haute
technologie
(The Capital Sins of High Technology), Seuil, Paris, 1998; Impure
Science, Wiley, N.Y., 1992
[1] “…aujourd’hui, les actionnaires sont cantonnes das un role de quasi-spectateur. Les petits actionnaires – que l’on appelle aujourd’hui << actionnaires individuals >> savent qu’ils ont peu de poids. Tous ensemble, ils ne representent que quelques pour cent du capital car l’investissement des ménages est de plus en plus sous forme de Sicav, de fonds communs de placement ou d’assurance vie. Les acctionnaires, aujourd’hui, ce swont donc les investisseurs institutionnels.” (p. 187)
[2] “Nous ne sommes plus, en effet, dans le monde que l’on decrit dans les manuels d’economie, avec des investisseurs innombrables aux determinismes varies, choisissant chacun a sa maniere les titres qu’il va mettre en portefeuille – la resultante de leurs millions de decisions generant une sorte d’equilibre de marche changeant, mais stable ! La verite, c’est que, depuis quelques annees, l’investissement raisonne sur une valeur a presque disparue au profit de comportements de plus en plus mecaniques.” (p. 122)
[3] “Aujourd’hui, la gestion mathematique et la gestion indicielles constituent le Coeur du marche.” (p. 137)
[4] Momentum buying means buying for the sole reason that others appear to be buying , thus the stock price keeps rising.
[i] “Pension
reserve: what’s enough?” The New York Times, 22
June 2003, Section 3, p. 1
[ii] Jon Waggoner,
“Fund fees can be confusing,” USA Today, 11 July
2000.
[iii] 16 March 2004 email from Brian Reid, Deputy
Chief
Economist, Investment Company Institute
[iv] Testimony of
Paul Haaga, Chairman, Investment Company Institute,
to House of Representatives Committee on Financial Services,
Subcommittee on
Capital Markets, 12 March 2003
[v] Claude Bebear,
Ils vont tuer le capitalism, Plon, Paris 2003, p.
186
[vi] Claude Bebear,
Ils vont tuer le capitalism, Plon, Paris 2003, p.
122 (translated from the French by R. Bell)
[vii] Claude Bebear,
Ils vont tuer le capitalism, Plon, Paris 2003,
p. 137
[viii] www.osc.state.ny.us/press/releases/jul02/070102.htm
[ix] “WorldCom collapse cost state pension funds
millions,”
usatoday.com/money/telecom/2002-06-27-worldcom-pension-funds.htm
[x] The New York
Post, 13 October 1997, “Market rigging: short-term
fix—long term disaster”