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”