Why Bear Markets Are So Hard to Short

Recall that a little more than a week ago, in a headline atop one of these commentaries, we invited you to “Join Us as We Short Every Stupid Rally.” And why not?  Stocks are probably in a bear market now, and making money on the short side should be as easy as stringing beads, right? Well, not exactly.  In the several years that have passed since we last experienced a full-blown bear, we’d forgotten how devious he can be. Expecting the worst, we somehow still put out advice to Rick’s Picks subscribers Wednesday night that had them looking for a last-gasp rally to get short. We even gave them a go-ahead to get long cautiously, based on a buy signal in the E-Mini S&Ps that had been triggered a day earlier. When stocks opened Thursday morning, however, what we saw instead was a 170-point collapse in the Dow on news that the Supreme Court had upheld Obamacare.  The funny thing is, even bears who stuck to their guns could have lost money, since stocks came roaring back in the final hour.

Of course, all of this was stage-managed by institutional traders who make their living stealing from widows and pensioners, front-running their own customers and deftly exploiting fear and panic that they themselves have helped to incite. In this case, They pulled the rug at the opening, even knowing that the Supreme Court’s ruling seems likely to whip anti-Obama sentiment into a frenzy, sparing us four more years of the most rabidly anti-business President in U.S. history. Investors seem to have figured this out for themselves, and by day’s end they’d pushed the Dow back to nearly even at the bell. For DaBoyz, meanwhile, exploiting the 350-point swoon was all in a day’s work.

Too, Too Scary

So where does that leave us in our quest to make money being short in a bear market? Obviously, one cannot get short and simply stay that way. It’s just too dangerous. And too scary. Yesterday’s whoopee-cushion recovery, for one, unfolded in just 90 minutes – about a fifth of the time it had taken for stocks to reach their intraday lows. Permabears should keep this in mind as they attempt to leverage the downside during what is still only speculatively a bear market. They should also recognize that moments of relaxed satisfaction and pleasure will be fleeting. For even if the Dow Industrials were to fall to 1000, most of the more-than-90%-loss will have occurred in spasms measured in minutes and hours.  The rest of the time – days, weeks and sometimes even months at a stretch — will have been spent with shares in a psychologically excruciating state of limbo…waiting…waiting…waiting for the other shoe to drop.

This will call for great patience as well as the understanding that bear markets always try to disguise themselves so that bullish arguments never stop sounding persuasive. In the meantime, we remain steadfastly committed to the task of Shorting Every Stupid Rally.  And, make no mistake, it’s possible to do so — time and again — not only without getting hurt if the stock market continues to rise, but actually making money when we are positioned against the trend as we sometime will be. How well have we done at this? We invite you to visit the chat room, where you can ask subscribers yourself. Click here for a free trial subscription to Rick’s Picks that will entitle you to all of our daily trading recommendations, access to the chat room and to impromptu trading sessions held online during market hours.  If  you’d simply like to have Rick’s Picks commentary delivered free each day to your e-mail box, click here.)

  • Rich July 1, 2012, 10:39 pm

    Dear Gary, re:

    “Can you tell me how much those options in 87 cost? I heard they were pennies to the current dollar. I believe some people made 9 figures on a 2 to 4 thousand bet. Is that true?”

    Some SPY Oct puts were trading at one ‘teenie (1/16), with two days to expiration on Thursday the 15th October 1987, and ran up at least sixteen times by Friday the 16th October 1987.

    Those few that had out of the money November puts on Monday 19 October 1987 and covered on the opening Tuesday Morning 20 October 1987, when Soros lost a bundle to Rubin at GS, did much mo’ better.

    The 1987 crash was so startling to academics when the Black Scholes and Portfolio Insurance Models failed, that at least one academic paper was written to rationalise it:

    \http://www.rhsmith.umd.edu/finance/pdfs_docs/seminarspring06/Constantinides.pdf

    Market maker friends on the other side of that trade survived if they were delta neutral hedged, even though the ratios failed.

    Had a similar experience on the other side of the market in July 1984 when it took off, and illiquid teenie calls accumulated over weeks turned into dollar calls one day.

    I was bonus recruited away from Merrill to bring my accounts over, didn’t and was fired after making so much money in my own account one day.

    The manager closed out the account, leaving a lot of money in the market, and a painful arbitration paneled by three brokerage employees was less than satisfactory, leading me to briefly return to Merrill and Japan, start Stanford Capital to get involved with a private placement in Cetus and a medical device startup acquired by Biomet and taken private for a tidy sum.

    Again, we are lucky to hit such market jackpots once or twice in our lifetimes going against the crowd. I certainly missed the flash crash on 6 May 2010.

    Also, out of the money options are extremely illiquid and most of them expire worthless most of the time.

    After a sudden windfall, many of us get arrogant, bold and cocky. We put and leave the money right back in the market, a different kind of transfer payment.

    Thus, when I add up my trading gains and losses, I am still in the hole with tax loss carryforwards. That’s perhaps the biggest reason I trade now, just to get even. I look forward to Rick’s objective ABCD calls and do my own thing.

    Now I trade in-the-money calls just below the market and in-the-money puts just above the market, just before expiration, at oversold and overbought market extremes, having learned from Rick to treat them like hot potatoes, with an overnight holding period.

    More consistent than out-of-the-money’s whack a mole.

    So right now I have some in the money QQQ puts and am curious to see what happens Monday with Merkel portrayed as a kicked soccer ball, the actual EZ funding “solution” not likely for a year or two, according to Daiwa and sub rosa bank runs all over the place for fear virtual money may disappear…

  • Rick Ackerman July 1, 2012, 9:41 pm

    I think you’ve caught things just about right here, Vlad.

  • gary leibowitz July 1, 2012, 7:59 pm

    Rick,
    My record from December on is very transparent. Sorry Rick if you forgot the mindless discussion on my method and how it is a very conservative one, being a person that believes the end will not be pretty. I also stated from Decemeber on that this year should show a double digit return year over year. I got out on the day we dropped 1.5 percent. I made a nice return betting since Decemebr with a 3X exposure. I will most likely go back in a week after July 4th since it is usually bullish. I want to see if the market trend is consistant with most years on this holiday. I also place stops at the start of the so called new bull trend. As for calling this a bear trend that’s up to you. Just becuase we can see major problems ahead doesn’t mean we are not in a bull trend. The earnings that companies are making have never been so good. It could end tomorrow, but you can’t discard the facts. This bull run might not have legs going forward but it is based on real tangible earnings. Why I have to defend the obvious is the real question. We are not talking about 1 quarterly earnings, or even 8. As for manipulation you should know better than most that the FED “always” manipulates. Just becuase we had an out of control unregulatd mortgage debacle doesn’t mean they are doing anything out of the norm. in fact it was the most likely course anyone would have made at that time. I believe BUSH allowed every single bailout before the new administration took office. It is a natural human reaction. the most conservative President in our History would absolutely have taken the same course. To not do so would be extremely abnormal.

    Rich,
    Can you tell me how much those options in 87 cost? I heard they were pennies to the current dollar. I believe some people made 9 figures on a 2 to 4 thousand bet. Is that true?
    ——————————————————————-

    I state my dismal record from the start of the crash till this past December and yet I become the “know it all” becuase I happen to be very bullish on earnings. I state the obvious, that earnings have mushroomed over that time. I state that it is in the record books, yet it is treated like some magic trick. You want to dismiss those earnings, as I want to acknowledge their existance and cause. I want to understand its origins and extrapolate where it can go from here. A clinical rational approach in trying to “guess” future earnings.

    You can carry on about the disfunctionality of the political arena, and how it is destined to fail. I don’t necessarily disagree. I am trying to make money. To do so you MUST be clinical about it.

    If I have an air about me, that’s my analytical nature. I can’t change who i am, or how abrasive i could be with my analysis. I have lost money from the debacle till this past December yet people are questioning why I come off as a genius. I never intended to. Obviously my track record is in the “norm”. I do get some major moves right, but since those moves are so rare it usually doesn’t help in the long run. I trust my inner voice during those times. I just currently don’t see a crash anytine soon.

    • mario cavolo July 2, 2012, 6:42 am

      I finally conclude without fail VLAD that you are a rude a*s*s*….

  • Bradley July 1, 2012, 6:01 am

    Well, for my part, I know a gardener who bought a few hundred shares of ORCL in the early 90’s, it went down, so he bought a few hundred more. He held that until it turned into about a quarter million dollars after splitting a zillion times. Then in 2001 sold some of the ORCL and bought AAPL. I laughed at the time, and asked him why he was “buying a box maker”.
    Who is laughing now? If he started with less than $15k, and is now looking at nearly a million dollars in his trading account, what percentage is that, Vlad?

    &&&&&

    Your gardener is a statistical outlier, Bradley. Sure, it can happen. But it almost never does. My Mountain View barber made 20 times that sum investing wisely over the years. (I told his story in a column that I wrote for the San Francisco Examiner.) Unfortunately, he doubled down on Lucent at the height of the dot-com boom.

    If your gardener does indeed have a “trading account,” he could be well on his way to duplicating my barber’s feat of turning a large fortune into a small one. That’s the way the story usually ends. RA

    ps: We still haven’t heard from Gary concerning his portfolio.

  • Rich June 30, 2012, 10:11 am

    “A cynic is a man who knows the price of everything and the value of nothing”…

    http://en.wikiquote.org/wiki/Oscar_Wilde

  • mario cavolo June 30, 2012, 8:34 am

    I’ll add my thoughts to today’s excellent thread…

    1. While anyone can go forth with arguing points back and forth with Gary, he consistently offers his views in an intelligent way with reasons and thinking, so I don’t think the attack approach is appropriate. This is also my own experience, when I present well thought out approaches on my subjects in articles, the personal attacks and even stupidity in some replies is uncalled for. And yes, when it happens to me, I am definitely going to be a pitbull and bite back even harder, mostly because I know that I know my chosen subjects very well.

    2. Gary is right in that one cannot argue with the health of the private sector companies who are apparently making and selling plenty of stuff, earning money and employing people across the globe. Such reality does not exist only in Gary’s imagination. The woes of the financial system and govt sector are indeed genuine, but meanwhile, the world is chugging along fairly well until such time a disaster event truly screws it all up once again. Who knows when?

    3. Look at the movements in oil and stocks today. Even myself as an amateur will take a reasonable guess that such an upward thrust was driven mostly by short-covering. There was NOTHING in today’s news, for example, to cause oil to thrust upward 9% to 85ish. If that wasn’t mostly short covering, I don’t what was 🙂 . I’m short oil at 80-82-84 and I’ll stay with that position. I’ll suggest the same for gold skyrocketing to 1600, give me a break as I have read EVERY single recent guru opinion that gold was going down, hence, the obvious short squeeze, no? Gold has gotten so bad in terms of unpredictability, I have stopped trying with it. Its like trying to be a trading guppy swimming in a pool of sharks.

    4. Let’s not forget that the VAST majority of market trading volume is volume which takes place by heartless mathematical HFT machines. Sobering and scary…

    Cheers all, Mario

    • Rich June 30, 2012, 10:14 am

      Well writ MC.
      Good weekend all…

  • SD1 June 30, 2012, 6:57 am

    Yes, the world is rigged. Don’t all you bears feel better now?

  • bc June 30, 2012, 5:08 am
  • bc June 30, 2012, 5:08 am

    Just came across this beautiful chart making my point about long bonds and equities. Does it look like yields on the long bond are likely to fall a lot more soon Gary? As yields rise equities fall. The long bond price normally falls too but not when the Fed is playing tricks buying long bonds for too much like now.

    • mario July 1, 2012, 7:39 am

      US bond yields CAN’T rise bc…bonds can’t crash. That is the underlying manifesto of today’s financial system. If they somehow do, all is indeed doomed…

    • Rich July 1, 2012, 10:46 pm

      MUB targeting +39%, TYX targeting 1.7%, TNX 0.5%.
      So far Rick’s Merrill friend in Boulder is batting 1000…

  • Rich June 30, 2012, 1:00 am

    Gary, re:

    “I just want good consistant profits without those stupid emotional mistakes. I do miss the good old days of adrenalin rushes on those ouit of the money hits.”

    My trading experience is that really big out of the money hits come maybe once or twice in a lifetime, and being addicted to adrenalin rushes, gambling and risk can be expensive.

    In August 1987, I gave a presentation called ‘The End of the Trend’ at the Manhattan Chemical Club overlooking the Harbor, Financial District and WTC’s, on what turned out to be a Friday four days after the 1987 market high (SPX 337.89 on the exact 25 August harmonic convergence. I might add there was much skepticism of a market top and poor attendance to hear about writing options on convertible bonds yielding 8%.

    I was not alone, as Paul Tudor Jones also predicted dire (unheeded) consequences from widespread portfolio insurance using derivatives, and tripled his money in 1987. In 2008 he was down -5%.

    By October I had accumulated 300 out of the money October SPY puts and sold them on the Friday 16 October Options Expiration market close, with the Dow down a record -108.35 points.

    I did very well indeed.

    But the people who held November SPY puts on Black Monday 19 October 1987, when Iran fired a silkworm missile on a US Ship and US Warships shelled an Iranian Oil Platform, when the market fell -23% in two days, did even better.

    Robert Rubin, GS Chair, was famous for taking the other side of George Soros’ Boxcars of ES shorts reflexive trade on Tuesday 2o October 1987, when the NYSE said stocks would not open and did to jumpstart the moribund market.

    On Tuesday 20 October and thereafter, I had unsolicited clients I could not talk out of buying high premium implied volatility calls or into selling high premium implied volatility puts as the premiums gradually eroded.

    I had unsolicited clients who religiously followed Prechter, who had an extremely hot hand and spoke at TSAASF predicting a Crash.

    Clients lost big money when the market did not keep going down as widely expected.

    I fact, the 1987 market retested the 216.46 SPX Tuesday 20 October low on Friday 7 December 1987 and never looked back. Widespread depression forecasts failed to materialize and Prechter, another Merrill alum, retreated to write another book.

    One of them lost his home, job and family, he was so over-confident trading his company stock “without inside information.”

    Worked with a blonde Merrill Sales Assistant whose grandfather was an officer of the NYSE and had OTC pocket puts on the market on Black Thursday 24 October 1929. She hoped to break his curse.

    That was when famed Yale Economist Irving Fisher proclaimed to the financial world’s high and mighty at the Harvard Economic Club where he spoke, “Stock prices have reached what looks like a permanently high plateau.”

    (President Hoover, like W, the Fed Chair and The Hammer Treasury Sec in 2008, were paraphrasing variations on this ebullient theme all Summer and early Fall, as the SPX fell from 1400.06 on Friday 6 June 2008 opening at the high to 845.22 on Monday 28 October 2008, a fall of -39.6%, bigger than 1987.)

    In 1929 when her grandfather went to cash in his killing in puts, the prominent NYSE floor broker and OTC pocket options market maker was out of business.

    In those days there were no bailouts of derivative market insurance. Maybe we were better off without illusions then.

    Some people ended it all, like my client in 1987 who said he would jump off the Golden Gate Bridge if he lost his founder’s stock, and died of cancer afterward, my old friend who lived through 1929 Crash and suffocated himself with a bottle of scotch, sleeping pills and a plastic bag in 2008, or my father, who survived the Great Depression and World War II as a war hero, but died at 88 in Thanksgiving 2008.

    Yes, the market can give profits or kill if we let it.

    “Anyone who bought stocks in mid-1929 and held onto them saw most of his or her adult life pass by before getting back to even.”

    —Richard M. Salsman…

  • chuckster June 30, 2012, 12:43 am

    Has anyone else noticed how ‘Gary’ only shows up to comment on days that the ‘market’ does well?

  • gary leibowitz June 29, 2012, 10:58 pm

    You go Vlad. I wil say I am pretty darn good at understanding simple MACRO trends, but absolutely terrible in equating that into profits. I am by nature a very impatient trader. I have anticipated moves too early and bet with short maturities. Trying to hit that home run most times. I have missed really big moves, especially in 2008, by one week. I mean a gain that would have matched the dot bomb days.

    I have finally tried a new, more rational tactic. Not as exciting but it has paid off. Will it last? Who knows. I have no illusions to becoming a great trader. I just want good consistant profits without those stupid emotional mistakes. I do miss the good old days of adrenalin rushes on those ouit of the money hits.

  • Pat June 29, 2012, 9:44 pm

    Gary, where do you think company earnings would be without Sugardaddy Bernanke flooding the big players with billions in free money ? The economy would be in a full blown Depression by now without it. Only massive deficit/stimulus spending has kept the ship afloat, surely even you should know that.

    But as long as Bernanke and the other CB’s can keep printing free money, stocks will go higher. How long they can keep the game going I have no clue, but probably a lot longer than we think.

    • gary leibowitz June 29, 2012, 10:46 pm

      And your point is?

      This was all transparent. It should also be used in deciding whether companies can profit from this. Obviously they did.

      Part of assessing the market is understanding the known variables. This was known. You can’t disregard its consequence simply because you find it to be unfair?

      BTW, where would the economy be without the advent of computers, the chip, automation?

      My point is that the markets will do well EXACTLY becuase they are delaying the austerity measures until they can no longer do so.

      I never said we are living in great times, only a moment where profit can be made from the actions of all those in charge when confronted with a crisis. The January deadline has already been pushed to March.

      And so it goes……

  • gary leibowitz June 29, 2012, 9:12 pm

    Evidence? From when? You got to be kidding. I have made and lost large sums during the years. that was my best winning streak. I bet way out of the money PUTs that expired in weeks. From time to time when conditions looked good I guessed, expecting to lose it all. Believe it or not but I even rode the moves up. I made 5 bets rolling over the winnings. Not something i normally do but since it was only 2K to start i got lucky.

    I suppose you need evidence I bet with 3X ETF’s on the long side this December. I suppose you need evidence when I told everyone I got out and why. I suppose you need evidence that i will most likely get back in very soon. Will decide in one weeks time.

    I never said I was a great trader. I go on streaks. Don’t know why. In the last 3 years prior to December I lost on almost every bet playing another crash scenario that never materialized.

    I got smart and decided to ignore the emotional bias I had and trade on strict measures.

    Sorry if you don’t believe me but believe this. I am a permabear that sees a great opportunity on the long side till next year. In 1987 I got out of all stocks 3 weeks before the crash and had my folks do the same.
    I didn’t even know about options since they were used mostly by insurance comanpies. The premiums were so miniscule, had I know I would be on a yacht today.

  • Pat June 29, 2012, 8:59 pm

    Gary, I find it hard to believe that you really think we are in a bull market, at least one on built on fundamentals. But the market doesn’t trade on fundamentals anymore. “Da Boyz” have complete control. The market only goes down because they “take” it down. Same thing going the other way.

    It really is amazing to watch Da Boyz take the market down 1000 Dow points and sucker all the bears in until the NYSE short interest is about 14-15 billion shares, and then, just like clockwork…..WHAM, in the middle of the night lower the boom on the bears and crush them mercilessly….over and over again …hilarious. Now da Boyz will jam the markets up to new yearly highs and when the short interest gets down to about 12 billion shares they’ll engineer another 5-10% selloff, sucker all the bears back in and do it all over again !

    So yeah, I agree the markets are going to stair-step higher, but only because those in control want it that way. No point in trying to fight it, you’ll never beat ’em.

    • gary leibowitz June 29, 2012, 9:24 pm

      You sound like the preamble to “The Outer Limits”. Don’t attempt to adjust your view of the markets, we control all aspects …

      Why even bet? If you are not an insider than it is useless to use any method. How can RICK’s method possibly work? The idea that the world can control every aspect of the financial systems and do so for 4 years now is something out of a sci-fi movie.

      You have to explain to me how all these companies can show fake earnings? Forget the financial segement since everyone knows there was government assistance and rule change. How about consumer staples?

      Sorry but just becuase the markets don’t behave the way you expect them, doesn’t mean it’s fixed. It might mean your premise is wrong.

  • Rich June 29, 2012, 8:18 pm

    Impaler, you may be right with much you write.
    (See other comments.)
    Rick does get to the point profitably with ABCD Pivots…

  • Rich June 29, 2012, 8:12 pm

    Rich Cash ‏@richcash8
    Is SPX 1356.70 all she wrote?
    ie the high of the day, week or month…?
    Stay tuned…
    http://stockcharts.com/public/1129702
    11:10 AM – 29 Jun 12 via web · Details

    • Rich June 29, 2012, 11:36 pm

      1359.50 ES the high today.
      1362.17 SPX the high today,
      64.24 QQQ the high today.

      Mr & Mrs Market closed within .01 of the SPX highs today, in the past a red reversal sign, as moths are lured to the flame.

      Friday 29 June 2012 with headlines like this:
      ‘Stocks Soar; Dow Posts Best June Since 1997’
      may be a red letter day. Only time will tell.

      Filled the last tranche of QQQ July 64 puts at 0.91.
      (Check Twitter time stamps via $10 TradeBlog to confirm).

      Impaler, studied markets almost as long as Rick, met via Pacific Stock Exchange and CBOE Market Maker friends, known also as a South Jersey/San Francisco Journalist since the 70s.

      I taught ‘Options and Other Beasts’ at Stanford five years and regularly hosted Jim Emerson, CBOE VP, in class as a guest speaker.

      I made many more trading mistakes than Rick does, why I encourage sending Rick your money for his ABCD Pivots and ‘take profits quick’ option trades.

      Rather than cut bait, he teaches traders how to go fish.

      ABCD pivots with Rick’s money management work much, not all of the time, to grow capital with profits.

      I learned to follow and trust Rick’s ABCD pivots and especially learned to take time-wasting volatile put/call profits quickly, in this real secular bear market rally since 6 March 2009.

      I was lucky buying the exact day of the low. (No guarantees for future results!)

      ABCD TA works as you have read in real time.

      (Many, most in fact, are too busy, distracted, fearful, greedy or undisciplined to profit. Rick is not, and I have learned from him.)

      My biggest regrets are I sold bonds and gold too soon, after buying them around 14% in 1981 and $255 in 1999, in contrast to Rick’s repeated sterling advice to hold on.

      No, Rick is not paying me money for an endorsement.

      I did have a good free dinner with him after he spoke at TSAASF with Option Monster DR Jon Najarian, ThinkorSwim and principals who hosted many of the TA greats since 1970:

      http://www.tsaasf.org/past-events

      This led to an afternoon (sellout?) Big4/Point&Figure presentation last year, that might be of interest to you or others here:

      http://www.tsaasf.org/rich-cash_s-march-19-presentation-big-4-heisenberg-trends_-profiting-smart-

      Shanky, a fellow Merrill (TA) Alum like Arch Crawford, Bob Farrell, Gary Shilling and Sir John Templeton, became a reliable internet friend because he is willing to go off the beaten track/trail and tell the hard hot truth about markets in real time.

      My ST daily info comes from ABCD and 52 years of expensive market lessons, beginning in 1953 collecting silver dollars for a buck each.

      Hope this helps improve trading…

  • gary leibowitz June 29, 2012, 7:42 pm

    Rigged? I only saw a consolidation phase since it was in the confines of the well defined uptrend. If you let your emotions and premabear assumptions take over you can only win when the market eventually turns your way.

    Thats why so few win at this game for any length of time. I still marvel at how Buffett made his money in the 70’s.

    If you think about almost every aspect of our life it is “rigged”. Rules and regulations can never be fair to all. As long as the rigging stays in place (is a constant)you can exclude that notion from your bets.

  • Rich June 29, 2012, 5:13 pm
    • gary leibowitz June 29, 2012, 6:33 pm

      Thats one way to explain why one of the five justices voted they way he did. The other four clearly don’t understand the constitution.

      The conservative 4 didn’t understand their own views on state rights when they preempted the Florida election voting during the chad controversy. Two judges had their children working for the Republican party at the time. How about the decision to allow political corruption campaign laws with the decision “Corporations are people too”. I do believe a conservative ruling on blacks being personal property was another landmark moment.

    • Rich June 29, 2012, 8:13 pm

      Well writ wit Gary…

  • Rich June 29, 2012, 4:35 pm

    Rich Cash ‏@richcash8
    Just bot QQQ Jul 64 puts near low of the day so far. May add more toward the close if better prices…
    7:35 AM – 29 Jun 12 via web · Details

  • redwilldanaher June 29, 2012, 4:35 pm

    “Corporate officials have a contractual agreement and a fiduciary responsibility that prevents them fro doing so.”

    As they say, “you can’t make this stuff up”.

    • gary leibowitz June 29, 2012, 5:34 pm

      A CEO of any company today is under fire for anything and everything they say. The laws on the books are pretty much enforced since the bank/brokerage debacle.

      In the old days I worked for a CEO that outright lied to it’s employees about a rumor of sale. The paper work was already signed when he announced that the rumor, on a 1 to 10 basis, was a 1. Try doing that today.

  • Rich June 29, 2012, 3:54 pm

    Settled for 20% overnight with market order slightly off highs. May regret it, but nice to ring the cash register.

    Time to cool off and see what Mr and Mrs Market are telling us.

    Was anyone else concerned by SCOTUS decision to describe lying about Military Honors as free speech?

    Does this give corporations and politicians free reign to lie with impugnity and immunity?

    Apparently some think so…

    • gary leibowitz June 29, 2012, 4:13 pm

      Lying about your past without any contractual aggreement that prohibits such behaviour is “free speech”. Corporate officials have a contractual agreement and a fiduciary responsibility that prevents them fro doing so.

      As for politicians, lying (well) is a prerequisite for getting the job.

    • Robert June 29, 2012, 5:13 pm

      “Corporate officials have a contractual agreement and a fiduciary responsibility that prevents them fro doing so.”

      It absolutely does NOT prevent them from lying. Contract law is supposed to impose and enforce CONSEQUENCES for lying, but a law unenforced… well, you know the rest.

      Look at the DOJ openly and blatently refusing to enforce EXISTING laws regarding immigration, citing “executive privilege”. Are you frigging kidding me?

      I mean, what’s next? Will we need laws that impose consequences on a failure to enforce other laws?

      Human free will and personal ideals – you can not fight them without imposing duress (or death) on the idealist.

    • gary leibowitz June 29, 2012, 5:25 pm

      Robert, you are right. I never said the law has to be enforced. It is however not a free pass to lie and in so doing you “can” be liable.

  • Rich June 29, 2012, 3:39 pm

    Cheers All:

    Re Eurospasm Shortsqueeze Vesuvius in the pants details:

    It appears EZ’s took a cue from Nancy Pelosi, only they passed it and still don’t know what’s in it.

    Have an order in at the highs of the day to take 25% overnight windfall profits:

    Rich Cash ‏@richcash8
    Selling SPY Jul 131 calls at profit on open to see what’s what, whether to fall in or fade the gap…
    6:08 AM – 29 Jun 12 via web · Details

  • gary leibowitz June 29, 2012, 3:20 pm

    I must protest strongly to suggest we are in a bear market. I kept insisting we were in one for 3 years before I realized I was fighting windmills. You can’t will the markets to agree with you, nor can you ignore the very linear move up these last 4 years.

    Using just odds and past chart patterns wouldn’t it be more logical to assume that we are in a consolidation phase after a huge run up?

    In such a consolidation there is always a big whipping motion until a new trend is established. You could very well be right and the trend might be down, but until a new trend is established the assumption should always be a continuation of the previous trend.

    During the dot bomb drop of many years ago I was in a terrific zone where I started with 2 thousand and made over 150 thousand getting in and out of put/call options.
    A very lucky streak to be sure. It is possible to make big money in bear markets if it is a dramatic trend changing event. The trick is to NOT anticipate the market breaking key levels. It is always best to be late to the party after all supports are broken. This takes patience, something I do not usually have.

    As for the recent market moves, every time it shows weakness, the permabears sit back and declare victory. When we have a sudden counter move there is an incredulous notion that the fix is in.

    Markets only look at events in a clinical fashion. Will it
    impact my investments? In some instances, like 4 years ago, it became a opportunity to buy at bargain prices. Human suffering during those times actually made it possible for companies to take advantage and reap huge earnings gains. I can’t pretend to have notices this opportunity then, but in the future I will try to be more clinical in my evaluation of the markets.

    Today’s action could trigger my sideline stance and get back in on the long side. I am very cautious and like to be late to the party when the “all is clear” sign shows up.

    My macro assumptions from December still seems the most logical. If the technical side breaks down I lick my wounded pride, but still go short. Until that time I will assume more upside potential.

    I don’t pretent to have all the answers, but given the fact that I was one of you, I can now step back and realize my obsessive fervor.

    • redwilldanaher June 29, 2012, 3:43 pm

      The “fix” is always in Gary. What you try to dismiss and refuse to look at by donning your “blinders” is the fact that this is all “…artifices of false and designing men” to borrow from Samuel Adams.

      Why is it so hard for you to admit that TPTB push around “the blue line” that has no attachment to anything really? You have yet to adequately respond that your beloved earnings miracle is nothing more than a parlor trick especially when the “over priced designer hardware” makers’ earnings are stripped out.

      You’re too intelligent to be as naive to all of this as you try to appear to be that’s why I think there is a chance that you’re just another government funded, website focused, professional dispenser of propaganda.

      Do you really think that schemers coordinating their actions is so hard to pull off? HELL, I’ve seen people tell 9 year old boys not to show up to baseball evaluations so that they fall in the draft and can be picked up by the coach in the know as in the same one that told them to not show. Is it that much of stretch to believe the lengths that psyhcopaths will go to when trillions are involved?

      Markets do not look at things in a clinical fashion. Hence the serial bubbles that we’ve lived with over the past 20 years and now the necessity to foment even more and in shorter order.

      Once again, play the game but stop with the propaganda.

    • gary leibowitz June 29, 2012, 4:04 pm

      The propaganda is yours. I only look at company earnings and future trends. I don’t speculate on the why or how. You use some convoluted excuse why the markets have doubled from the low. I on the other hand make the outragous assumption that no government, or individual is smart enough to orchestrate a world wide coup. The notion that this is some sort of organized conspiracy to keep the masses in the dark while they gain more power and control is absurd. Elected officials around the world have one thing in common. They are human and as such usually get caught up in keeping their jobs at all costs. How do they do this? By trying to please everyone. Usually the most powerful lobbying organization gains more of the benefits than other less powerful voices.

    • redwilldanaher June 29, 2012, 4:18 pm

      After reading that Gary, I can respond only with “I rest my case”.

      I didn’t even need to bring in Jose Ferrer…

    • Rick Ackerman June 29, 2012, 6:09 pm

      Protest all you want, Gary. I’ve been a student of the markets since I was 10, and it is my conjecture that we’re in a bear market. Today’s violent, volumeless, bear-squeeze rally — based on utterly inconsequential news — is perfectly congruent with that view.

      We’ve all lost track of whether you are in or out of stocks at the moment, but if you hope to claim that you saw it all coming when the Dow is trading below 5000, you should start telling us now precisely what your real-money position is.

    • redwilldanaher June 29, 2012, 9:05 pm

      My “Queeg” reference was more narrow in scope. It was simply this, I needed to do very little for Gary to do himself in with his follow up commentary, of which you, Vlad, feasted on in your second set of comments below, which unsurprisingly, I applaud.

      What is more scary than Gary’s comments here @ Rick’s is the fact the many intelligent people like Gary believe as Gary claims to believe and even more worrisome many Americans are too lazy even to consider and then dismiss the possibility you and I are correct and well founded in our cynicism. The past decade or so has been extremely revealing yet it all seems to have been lost on Gary and hundreds of millions of other psychologically beaten Americans. The so-called “crazy conspiracy theorists” have been dead on target on many things and the past decade has proven it. Nothing but coordinated “fixes”, propaganda and PSYOPS account for where “the market” is and yet Gary insists that Adam Smith looks down from the clouds beaming in approval.

      I have stated it before and I will state it again, there is very little difference between the USSA and the USSR. The USSA’s manipulation and control approach seems to be more effective which is why I always reference the Huxley vs. Orwell debate.

      Live free or die.

    • gary leibowitz June 29, 2012, 9:41 pm

      Vlad, you prove my point about the inability for governments to control our lives by expecting a crash? how can that ever happen? How can we fall into a deep depression ever again?

      As I states many times, step back and look at the situation as if YOU were in charge. Your first moto would be to make your constituents happy. If the first rule failes, the next would be to mitigate any pain as long as possible. We are right there!

      You must realize that by doing just that, delaying the inevitable pain, they eventually create an even bigger problem. Where is the “fix” when that happens?

      I guess you can state we are in a “fix” until the “fix” doesn’t work anymore. Not exactly a controlled environment.

      I guess I should give this up. Not getting anywhere.

      As for my big win, I will ask my wife if she saved the Muriel Siebert statement. She saves everything.

  • jaxn44 June 29, 2012, 1:55 pm

    They are hard to short because the system is denominated in DOLLARS. When the system starts to fall….you can sell stock, but what do you have left…..dollars! Since dollars are based on debt….as all dollars are created by debt…..it does not really make sense to those powerful entities to EVER be in cash at the end of a currency. We are there. Short all you want, there may be short term drops but ultimately the market will be supported by more fiat. Why? Fraction reserve lending is a ponzi scheme….it cannot handle going backwards without currency implosion. The Fed has 2 choices: let the currency die slowly by printing money or let it die quite fast through a deflationary collapse….which also ends in hyperinflation and the death of the currency. We both know what they ALWAYS choose. This is why the market it down 90% in terms of gold….but flat in terms of dollars. The world is NO LONGER PRICED IN DOLLARS.

  • TC June 29, 2012, 5:44 am

    And the SPX futures go up 20 points in the middle of the night in a 2 second timeframe because of another “euro is fixed” deal

    • Rick Ackerman June 29, 2012, 6:50 am

      I’ve covered this in an update to ‘Today’s Action’ just posted.

  • Clark Mandrell June 29, 2012, 2:08 am

    This is exactly right, I have been on thinkorswim trading options, for over 10 years now and bear markets are the hardest, almost impossible to say the least, to figure out and make money in. I have been here at Rick’s Picks for 1 (yes one) week now and have made money buying puts and getting out at the right time all because of Rick shooting straight arrows and telling me when to close the door. This is terrific, on my own, I have almost always lost money, because I stay to long. In this one week I’ve made money, and thanks to Rick as my guide, I feel confident it will continue. Thank you Rick A. Clark Mandrell

    • Rick Ackerman June 29, 2012, 2:40 am

      And thank you, Clark. It would seem you’ve taken some initiatives on your own that have paid off.