WEBVTT - Musk’s Proposal Creates Liquidity, Uncertainty, For Tesla Bonds

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<v Speaker 1>Welcome to the Bloomberg p m L Podcast. I'm pim Fox.

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<v Speaker 1>Along with my co host Lisa Abramowitz. Each day we

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<v Speaker 1>bring you the most important, noteworthy, and useful interviews for

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<v Speaker 1>you and your money, whether you're at the grocery store

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<v Speaker 1>or the trading floor. Find the Bloomberg p m L

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<v Speaker 1>Podcast on Apple Podcasts, SoundCloud, and Bloomberg dot com. Tesla.

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<v Speaker 1>Tesla is more than a manufacturer of electric vehicles. It

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<v Speaker 1>is more than a stock which is currently down about

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<v Speaker 1>eight tens of percent, trading at three hundred and seventy

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<v Speaker 1>seven dollars. It is more than a company that was

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<v Speaker 1>founded by Elon Muskoo holds nearly of the shares. Tesla

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<v Speaker 1>is also a company that has eight point six billion

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<v Speaker 1>dollars worth of debt. And here to tell us about

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<v Speaker 1>that debt and the very as bonds that the company

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<v Speaker 1>has issued is Joe Levington, our senior credit analyst for

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<v Speaker 1>Bloomberg Intelligence, and he joins me here in our eleven

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<v Speaker 1>three oh studios. Joel, it is always a pleasure. I

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<v Speaker 1>was gonna say, the best way for me to do

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<v Speaker 1>this is just to say tell us everything we need

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<v Speaker 1>to know about what is going on with Tesla bonds

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<v Speaker 1>because they run the gamut of maturities. There are some

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<v Speaker 1>that are maturing this year, and there are a lot

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<v Speaker 1>of interesting details in the bond covenants which actually were

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<v Speaker 1>affected by yesterday's tweet. Yes um I would say three things. One,

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<v Speaker 1>the immediate effect is that three point three billion dollars

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<v Speaker 1>worth of their convertible debt went into the money yesterday

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<v Speaker 1>off the news, with the stock rose above the three

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<v Speaker 1>D fifty eight dollar threshold where where those bonds trade.

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<v Speaker 1>And that includes nine million dollars that comes due next March.

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<v Speaker 1>So from the liquidity stamp point, the immediate impact is positive.

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<v Speaker 1>Just explain that for people, So this nine hundred and

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<v Speaker 1>twenty million dollars it's no longer debt, doesn't have to

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<v Speaker 1>be right, it can be converted into equity. And that

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<v Speaker 1>that's true for all all of it, mainly in twenty

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<v Speaker 1>two issues as well as the slug next March, and

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<v Speaker 1>so that would be number one. Number two, to your

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<v Speaker 1>point about the covenants in the bonds which are in

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<v Speaker 1>the Bloomberg Barkleys in disease, they have a change of

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<v Speaker 1>control provision and that provision says that a change of

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<v Speaker 1>control must include a controlling investor owning fifty which initially

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<v Speaker 1>I think people thought that that is what was going

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<v Speaker 1>to happen. When Mr must said that I am going

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<v Speaker 1>to take Tesla private or I'm considering taking Tesla private,

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<v Speaker 1>the pronoun I being important there, yes, and then he

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<v Speaker 1>changed he changed his language slightly to there will be

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<v Speaker 1>no controlling investors, so that would keep the unsecured bonds

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<v Speaker 1>that they have outstanding, or theoretically that would keep it

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<v Speaker 1>outstanding and a privatization. And so then it becomes well,

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<v Speaker 1>what does that mean for those bond holders? And for

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<v Speaker 1>that I would go to point three to say, look,

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<v Speaker 1>the issue here would be structural subordination. If they issue

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<v Speaker 1>secured debt that will get the unsecured notes will get primed,

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<v Speaker 1>meaning that the secured debt will be on top on

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<v Speaker 1>the capital structure. Then these blump bonds in the Bloomberg

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<v Speaker 1>Barclays indocy and then the equity owners. And when you

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<v Speaker 1>look at that relative to what rading agencies have done

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<v Speaker 1>in the past with structural subordination, it could mean one

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<v Speaker 1>to notch is worth of downgrade. So that would be

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<v Speaker 1>step one. What does that mean in terms of value

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<v Speaker 1>for the bonds. The value would be if I look

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<v Speaker 1>at triple C bonds, which is where that might head,

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<v Speaker 1>would mean about an eight percent yield for five in

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<v Speaker 1>the triple C zone. That is about a hundred and

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<v Speaker 1>thirty basis points wider than where we are today, which

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<v Speaker 1>is equal to about five or six points. That would

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<v Speaker 1>be a worst case scenario, or how I would frame

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<v Speaker 1>a worst case scenario. Now, it's true that nothing can

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<v Speaker 1>happen because nobody has seen any of the financing or

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<v Speaker 1>if any, if any debt will be issued at all.

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<v Speaker 1>It could be all equity for all I know. UM.

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<v Speaker 1>And of course there's always a case where he might

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<v Speaker 1>decide to call these bonds back anyway. UM. And the

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<v Speaker 1>way that my math looks at it would indicate that

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<v Speaker 1>there's about a fifteen percent chance that he would call

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<v Speaker 1>the bonds in, about forty five percent that would go

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<v Speaker 1>to triple C, and about forty uh that nothing will happen.

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<v Speaker 1>That seems to be where the bond yields are today.

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<v Speaker 1>Are the covenants that you've just described unusual? They're not unusual,

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<v Speaker 1>but it is very unusual. Uh. You know, as we

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<v Speaker 1>come up on the anniversary of these bonds. Uh. For

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<v Speaker 1>a issuer of such weak credit quality to issue unsecure

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<v Speaker 1>debt and issue with um you know, almost investment grade

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<v Speaker 1>type covenants, very very limited covenance. But is it usual

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<v Speaker 1>to have a actual stock price for the convertible bonds?

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<v Speaker 1>What did you say, three fifty eight dollars a share,

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<v Speaker 1>and have the CEO of the company do something that

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<v Speaker 1>would indicate a price for the stock that is higher

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<v Speaker 1>in order to actually trigger that potential convert and then

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<v Speaker 1>remove that as debt from the balance sheet so that

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<v Speaker 1>you can then go out and issue more bonds. Well,

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<v Speaker 1>Elon Musk is definitely not usual. I have never seen

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<v Speaker 1>that before in my twenty years of of doing credit research.

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<v Speaker 1>But you know, twenty years ago there was no Twitter. No, no,

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<v Speaker 1>clearly I understand that. But I mean, twenty years ago,

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<v Speaker 1>there were bonds, and there were bond covenants. This is true.

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<v Speaker 1>But I've never seen anybody take such a monumental offering

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<v Speaker 1>or potential action and just throw it out there on

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<v Speaker 1>Twitter as if it's you know, like, uh, just a

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<v Speaker 1>general thought in his mind. Based on your experience, what

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<v Speaker 1>would be the normal pattern of trying to take a

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<v Speaker 1>company of this size private? Sure, Well, typically what I

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<v Speaker 1>would expect is that the company would be issuing a

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<v Speaker 1>press release uh and through an eight K filing with

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<v Speaker 1>the SEC, and that would outline you know that they

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<v Speaker 1>are investigating strategic alternatives. I think Mylan said something like

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<v Speaker 1>that today as a very recent example, ticker m y L.

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<v Speaker 1>And you take it from there. You explain here's the

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<v Speaker 1>reasoning or here's the logic, and it will take this

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<v Speaker 1>amount of time. It usually doesn't come out in you know,

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<v Speaker 1>a sixty one character tweet. Thanks very much, Joe Levington.

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<v Speaker 1>We always learned a lot. Senior credit analyst for Bloomberg

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<v Speaker 1>Intelligence talking about Tesla and Tesla bonds. The topic right

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<v Speaker 1>now is Tesla and the shares of Tesla are down

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<v Speaker 1>about three quarters of a per cent is coming after

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<v Speaker 1>Chief executive Elon Musk tweeted yesterday that he was planning

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<v Speaker 1>and looking forward to bringing the company private at a

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<v Speaker 1>price of a share. Here to help us understand this

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<v Speaker 1>more and get his reaction is Gordon Johnson. He is

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<v Speaker 1>managing director Alternative Energy, Metals and Mining as well as

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<v Speaker 1>equipment analysts for Vertical Group and Gordon just to underscore,

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<v Speaker 1>he has already a cell recommendation on Tesla with a

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<v Speaker 1>price target of ninety three dollars. Shares of Tesla currently

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<v Speaker 1>traded three hundred and seventies six dollars. Gordon, always a

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<v Speaker 1>pleasure to hear what you've got to say. What what

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<v Speaker 1>was your reaction when you saw or learned about the

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<v Speaker 1>tweet from elon Us? Well, I gotta tell you, Keim

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<v Speaker 1>and thanks for having me on. I mean, initially it

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<v Speaker 1>was sure excitement because it seemed to me like this

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<v Speaker 1>was Thennell and the coffin. Um. I mean, you gotta

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<v Speaker 1>think about this, right, let's just take a step back

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<v Speaker 1>just a few days ago. Emon must promise that they're

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<v Speaker 1>gonna be profitable forever um starting in three UM. So

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<v Speaker 1>why would he need to go private to end negative

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<v Speaker 1>propaganda from the shorts? I mean, if they're gonna be

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<v Speaker 1>profitable forever and he's saying he's gonna go private at

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<v Speaker 1>I mean the short covering alone, we drive the stock

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<v Speaker 1>to five dollars. I mean, you gotta think about all

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<v Speaker 1>the dynamics regarding an LBL. First and foremost, average biout.

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<v Speaker 1>If you're a leverage biout investors, what you're looking for

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<v Speaker 1>most is keep it or money generation for the cup

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<v Speaker 1>from the company to pay the interest on your debt

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<v Speaker 1>and ultimately the debt. And we know that's not what

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<v Speaker 1>this company does. And we know that these um you know,

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<v Speaker 1>they they rebuffed an investment offer from Saudi Eurabia. So

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<v Speaker 1>if you're passing the hat uh for the largest lb

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<v Speaker 1>OH syndicate in history, why would you say no to

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<v Speaker 1>a big check? I mean, it just doesn't make sense.

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<v Speaker 1>And when you think about the fact this would be

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<v Speaker 1>a seventy or eighty plus billion dollars deal, um uh,

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<v Speaker 1>you know, and and then it's my newly choreograph. I mean,

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<v Speaker 1>the local legal risk for any party involved would be significant.

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<v Speaker 1>So you know you're talking about you know, uh multiple

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<v Speaker 1>and uh lawyers that would need to be involved, multiple

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<v Speaker 1>investments would need to be involved. And we've heard nothing

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<v Speaker 1>from any of these Tesla financiers or lawyers regarding a

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<v Speaker 1>potential LBO. And just today we learned that you know, uh,

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<v Speaker 1>the board members are saying they just started talking about

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<v Speaker 1>this last week. Listen, here's the thing. The question is

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<v Speaker 1>if the STC does their investigation, or if they investigate

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<v Speaker 1>and they decide there's wrong doing here, well, Tesla investors care,

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<v Speaker 1>you know, if Elon must broke offs here, well they care,

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<v Speaker 1>probably not. But I think the bigger problem is if

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<v Speaker 1>there's no real offer out there. If Elon Musk can't

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<v Speaker 1>over the next few weeks show that there's a real

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<v Speaker 1>offer out there, I think he has serious problems with

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<v Speaker 1>respect to his current investors and credibility. I think that's

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<v Speaker 1>the real problem. And when you're thinking about you know,

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<v Speaker 1>even if Elon Musk rolls the shares, and you know

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<v Speaker 1>the share, you know the the employees roll there shares,

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<v Speaker 1>you're still talking about sixty plus billion and capital that

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<v Speaker 1>needs to be raised. You have two current investigations alleging

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<v Speaker 1>frauds with both with Solar City and with the amount

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<v Speaker 1>of Model three is produced. You have a number of

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<v Speaker 1>other potential issues um underpinning this company. With respect to

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<v Speaker 1>a potential sec Wells noticed that maybe out there. I

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<v Speaker 1>know that people have said that's not the case. But

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<v Speaker 1>if you listen to the question on the call, the

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<v Speaker 1>analysts asked the question and not ask Tesla, do they

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<v Speaker 1>have a Wells nonese that do you have something that

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<v Speaker 1>procludes you from raising capital, which is not the definition

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<v Speaker 1>of a Wells. Notice this just seems, I mean, quite

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<v Speaker 1>frankly ludicrous and uh, you know that was our reaction yesterday. Okay,

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<v Speaker 1>is there a way that you can see Elon Musk

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<v Speaker 1>actually completing a deal like this? Would it be? Is there?

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<v Speaker 1>I mean, set aside for just a minute your skepticism

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<v Speaker 1>on a technical basis. Is this a deal that is

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<v Speaker 1>just too big to get done? Or is it possible?

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<v Speaker 1>That's a great question, Pim, But I don't even think

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<v Speaker 1>it's about the size of the deal. Again, think about this.

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<v Speaker 1>A leverage buyout is based on a company generating cash.

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<v Speaker 1>So if you're an LBO investors, you effectively take debt

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<v Speaker 1>in a company to take the company over. What the

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<v Speaker 1>prospect being they're going to generate cash to pay you

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<v Speaker 1>back for that debt or pay you back your interests

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<v Speaker 1>and then pay you back for that debt. When has

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<v Speaker 1>Tesla generated never? So why as an LBO investor would

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<v Speaker 1>you be willing to go out on a limb and

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<v Speaker 1>risk potentially uh, you know, a huge default and wasting

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<v Speaker 1>your money. I mean, it just doesn't make any logical sense.

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<v Speaker 1>And I think that investors in the public, and you know,

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<v Speaker 1>quite frankly, sec needs to see this actual money that

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<v Speaker 1>he says he has secured. Those two words money secured

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<v Speaker 1>that he said, I think need to be proven out

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<v Speaker 1>over the next day's, last weeks, and we're highly skeptical

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<v Speaker 1>that's going to be able to be the case. You know.

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<v Speaker 1>It's like a very general question, is there enough money

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<v Speaker 1>out there to do this? Yes? But doesn't make sense

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<v Speaker 1>absolutely not. Well, let's let LBO investors scrutinized bills much

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<v Speaker 1>more than equity short sellers do. And I think that's

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<v Speaker 1>what's gotten lost in a lot of this, you know, uh,

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<v Speaker 1>you know story. I want to thank you very much

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<v Speaker 1>for joining us. Gordon Johnson, Managing director Alternative Energy, Metals

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<v Speaker 1>and Mining and Equipment Analysts for Vertical Group, talking about

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<v Speaker 1>Elon Musk's Twitter proposal to take Tesla private at four

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<v Speaker 1>hundred and twenty dollars a share. Stocks have gained this year.

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<v Speaker 1>The SMP five hundred is currently up nearly seven percent,

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<v Speaker 1>NASDAC stopped SIR stocks are up nearly fourteen percent, and

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<v Speaker 1>the Dow Jones Industrial average up just three and a

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<v Speaker 1>half percent. Here to tell us what to do with

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<v Speaker 1>money is Chuck Lieberman. He is the chief investment officer

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<v Speaker 1>at Adviser's Capital Management. He is also a Bloomberg opinion columnist.

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<v Speaker 1>He helps to manage more than one point three billion

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<v Speaker 1>dollars of customer assets based in Ridgewood, New Jersey. Chuck Lieberman,

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<v Speaker 1>thank you very much for being with me. Maybe, and

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<v Speaker 1>I promise I'm not gonna ask you about Tesla, so

0:13:29.600 --> 0:13:31.520
<v Speaker 1>you can put that one to the side, right. I

0:13:31.520 --> 0:13:35.000
<v Speaker 1>mean that you know there are other things in the world. Uh,

0:13:35.280 --> 0:13:37.959
<v Speaker 1>tell us what you take away from all of the

0:13:38.000 --> 0:13:42.439
<v Speaker 1>information regarding jobs and the health of the US economy

0:13:42.679 --> 0:13:48.320
<v Speaker 1>and how that translates into a strategy for investing money. Sure, well,

0:13:48.840 --> 0:13:53.600
<v Speaker 1>I think everyone agrees that fest labor market is fairly tight. Uh.

0:13:53.679 --> 0:13:57.280
<v Speaker 1>Some people think there's uh there are some people on

0:13:57.320 --> 0:14:00.480
<v Speaker 1>the sidelines who could still be sucked into the job market.

0:14:01.320 --> 0:14:03.960
<v Speaker 1>But the data, no matter how you look at it,

0:14:04.000 --> 0:14:07.840
<v Speaker 1>in the case pretty clearly that labor is scarce. We

0:14:07.920 --> 0:14:13.200
<v Speaker 1>have more job openings than unemployed. The unemployment rate is

0:14:13.240 --> 0:14:18.880
<v Speaker 1>down at very low levels, historically cyclically low levels. Um.

0:14:19.240 --> 0:14:24.480
<v Speaker 1>We're seeing uh, fifty year lows in unemployment claims. So

0:14:24.600 --> 0:14:28.360
<v Speaker 1>by every measure, labor is scarce. That's beginning to drive

0:14:28.440 --> 0:14:31.560
<v Speaker 1>up labor costs. Uh. Some people make the argument that

0:14:31.680 --> 0:14:35.080
<v Speaker 1>labor costs are not rising that quickly. But if you

0:14:35.120 --> 0:14:39.280
<v Speaker 1>look at the last five six years, you can see

0:14:39.320 --> 0:14:41.720
<v Speaker 1>the labor costs started to rise when the unemployment rate

0:14:41.760 --> 0:14:45.240
<v Speaker 1>hit about five So with the unemployment rate now below

0:14:45.280 --> 0:14:48.680
<v Speaker 1>four percent, there's every reason to expect more upward pressure

0:14:48.960 --> 0:14:52.360
<v Speaker 1>on labor costs, and ultimately that will flow into inflation.

0:14:52.480 --> 0:14:55.440
<v Speaker 1>So that gets to the things to avoid in the

0:14:55.520 --> 0:14:58.520
<v Speaker 1>things to play for. With a little bit higher inflation

0:14:58.600 --> 0:15:01.120
<v Speaker 1>and solid economic growth, you want to be in the

0:15:01.160 --> 0:15:05.160
<v Speaker 1>cyclicals or companies that will benefit from higher inflation or

0:15:05.240 --> 0:15:08.040
<v Speaker 1>higher interest rates or accommodation, and you want to avoid

0:15:08.040 --> 0:15:11.520
<v Speaker 1>the ones that are susceptible to those factors. So the

0:15:11.600 --> 0:15:15.160
<v Speaker 1>susceptible areas are at the bond market, especially long term bonds,

0:15:15.240 --> 0:15:19.200
<v Speaker 1>and especially high quality long term bonds that include utilities,

0:15:19.320 --> 0:15:23.560
<v Speaker 1>real estate, investment, trust, consumer stables. Those are royal areas

0:15:23.560 --> 0:15:26.360
<v Speaker 1>that we see as relatively vulnerable. And the areas that

0:15:26.520 --> 0:15:33.200
<v Speaker 1>benefit are financials which benefit from rising interest rates. UH,

0:15:33.400 --> 0:15:37.920
<v Speaker 1>energy and pipelines in particular because they'll benefit from rising

0:15:38.040 --> 0:15:43.840
<v Speaker 1>prices for crude oil and more volume passing through pipes um,

0:15:44.160 --> 0:15:47.000
<v Speaker 1>so those are roll attractive areas. Let's talk a little

0:15:47.000 --> 0:15:50.440
<v Speaker 1>bit about energy. What kinds of energy companies if you

0:15:50.480 --> 0:15:54.520
<v Speaker 1>can specifically, we're talking master limited partnerships. Are you talking

0:15:54.560 --> 0:15:59.560
<v Speaker 1>about pure play energy companies, exploration and production, upstream, downstream?

0:15:59.560 --> 0:16:02.200
<v Speaker 1>Where would you like to be, Well, it depends on

0:16:02.240 --> 0:16:04.880
<v Speaker 1>the risk appetite and what the client needs. So if

0:16:04.920 --> 0:16:09.120
<v Speaker 1>they need income, then midstream and downstream are great places

0:16:09.160 --> 0:16:11.920
<v Speaker 1>to be because they generate a lot of income. The

0:16:11.960 --> 0:16:18.680
<v Speaker 1>industry is still transitioned from UH partnerships and incentive distribution

0:16:18.840 --> 0:16:23.280
<v Speaker 1>rights to corporations, and so that's creating a little bit

0:16:23.280 --> 0:16:26.880
<v Speaker 1>of turmoil and uncertainty in the market. Uh, just explain

0:16:26.920 --> 0:16:28.760
<v Speaker 1>if you can. I hate to break in, but just

0:16:28.880 --> 0:16:31.760
<v Speaker 1>explain what is going on, because this is an important point.

0:16:31.800 --> 0:16:35.480
<v Speaker 1>It's it's a way in which master limited partnerships have

0:16:35.560 --> 0:16:38.320
<v Speaker 1>typically operated in the energy sector. And as you say,

0:16:38.360 --> 0:16:43.080
<v Speaker 1>that's changing, yeah, well that's exactly right. So companies used

0:16:43.120 --> 0:16:47.440
<v Speaker 1>to have these UH sort of operations, daughter companies, spinoffs,

0:16:47.560 --> 0:16:50.600
<v Speaker 1>however you want to describe them, and those companies would

0:16:50.600 --> 0:16:55.400
<v Speaker 1>be structured as partnerships with the ownership either in the

0:16:55.480 --> 0:16:59.600
<v Speaker 1>hands of the public or the parent, and the parents

0:16:59.640 --> 0:17:04.600
<v Speaker 1>with quickly UH reap some benefits every time the dividend

0:17:04.720 --> 0:17:08.399
<v Speaker 1>paid to the limited partners increased, so they were motivated

0:17:08.440 --> 0:17:13.320
<v Speaker 1>to increased dividends for UH, for the investors, but it

0:17:13.440 --> 0:17:17.119
<v Speaker 1>also meant that the company had relatively little cash flow

0:17:17.440 --> 0:17:21.399
<v Speaker 1>to finance investments, so the company would be required, really

0:17:21.440 --> 0:17:24.639
<v Speaker 1>forced to use the capital markets to raise capital and

0:17:24.720 --> 0:17:29.280
<v Speaker 1>pay for capital investment. UH. That became untenable when oil

0:17:29.280 --> 0:17:32.119
<v Speaker 1>prices fell and stock prices fell and the cost of

0:17:32.160 --> 0:17:36.199
<v Speaker 1>capital went up very dramatically. And so these companies are

0:17:36.240 --> 0:17:42.159
<v Speaker 1>now being converted into corporations and the entire partnership structures

0:17:42.800 --> 0:17:47.400
<v Speaker 1>is basically being thrown away or gotten rid of. UH.

0:17:47.440 --> 0:17:49.640
<v Speaker 1>Some more of these companies who are going to operate

0:17:49.680 --> 0:17:53.160
<v Speaker 1>like traditional companies, where they're going to retact and retain

0:17:53.280 --> 0:17:58.120
<v Speaker 1>more cash flow, more profits in order to finance their investments. Okay,

0:17:58.320 --> 0:18:02.000
<v Speaker 1>great description. Tell us now about financial stocks. Do you

0:18:02.000 --> 0:18:03.919
<v Speaker 1>want to be in banks? Do you want to be

0:18:03.960 --> 0:18:07.280
<v Speaker 1>in regional banks? What kind of banking stocks are? Financial

0:18:07.359 --> 0:18:11.320
<v Speaker 1>entities are important? Well? I think the regionals and the

0:18:11.359 --> 0:18:15.119
<v Speaker 1>money centers are both attractive. UM. I happen to like

0:18:16.080 --> 0:18:18.720
<v Speaker 1>some of the money centers because they are so cheap.

0:18:18.880 --> 0:18:23.000
<v Speaker 1>We're talking what JP Morgan Chase Bank of America. Well,

0:18:23.119 --> 0:18:25.760
<v Speaker 1>JP Morgan Chase is sort of the criminal a crime

0:18:25.840 --> 0:18:28.480
<v Speaker 1>of the industry, and so it's the most expensive, but

0:18:28.520 --> 0:18:32.520
<v Speaker 1>it's also the safest investment. UH. City is the cheapest

0:18:32.680 --> 0:18:36.119
<v Speaker 1>of the group. Uh, it's the least expensive. It's the

0:18:36.160 --> 0:18:39.800
<v Speaker 1>most international of all the money centers. UH is the

0:18:39.880 --> 0:18:43.480
<v Speaker 1>cheapest for a reason. Well, I think it's cheapest because

0:18:43.520 --> 0:18:46.360
<v Speaker 1>it's not as simple a story. Bank of America has

0:18:46.400 --> 0:18:51.639
<v Speaker 1>a very large retail business. UM, it's very attractive, very cheap.

0:18:52.240 --> 0:18:55.600
<v Speaker 1>City is cheaper still partly because of its international exposure.

0:18:56.520 --> 0:18:59.160
<v Speaker 1>I think there's a very rational case to be made

0:18:59.520 --> 0:19:03.080
<v Speaker 1>for a mix of investing across all of those companies.

0:19:03.640 --> 0:19:07.000
<v Speaker 1>Do you believe that higher interest rates will show themselves

0:19:07.080 --> 0:19:13.920
<v Speaker 1>this year? Yes, I like that. That sucks SYNC. You

0:19:13.960 --> 0:19:17.200
<v Speaker 1>don't hear that often. Well, I'm trying to be straightforward

0:19:18.160 --> 0:19:21.240
<v Speaker 1>that Uh yeah, I think we are going to see it.

0:19:21.359 --> 0:19:24.760
<v Speaker 1>I think at the margin, we're already seeing higher inflation.

0:19:25.200 --> 0:19:29.919
<v Speaker 1>The Fed is going to continue to slowly methodically ramp

0:19:30.040 --> 0:19:34.800
<v Speaker 1>up policy rates, meaning another basis points in September and

0:19:34.880 --> 0:19:40.400
<v Speaker 1>another in December. But we're we're running out of room

0:19:40.640 --> 0:19:44.320
<v Speaker 1>for us to be surprised by a shocking inflation number.

0:19:44.800 --> 0:19:50.520
<v Speaker 1>I don't dismiss the possibility. But it's already August, so

0:19:51.119 --> 0:19:53.679
<v Speaker 1>I think we are going to get a number that

0:19:53.880 --> 0:19:55.920
<v Speaker 1>is kind of a shock to the market. I think

0:19:55.920 --> 0:19:59.320
<v Speaker 1>the market is very complacent about inflation pressures, and so

0:20:00.280 --> 0:20:03.679
<v Speaker 1>I think that that's going to be the big mover

0:20:04.119 --> 0:20:07.600
<v Speaker 1>for the bond market. Give you about twenty seconds, Chuck Lieberman.

0:20:07.680 --> 0:20:12.439
<v Speaker 1>You mentioned cychnical stocks. What about consumer discretionary Uh, some

0:20:12.560 --> 0:20:16.160
<v Speaker 1>of those are fairly well placed. Also, with so many

0:20:16.200 --> 0:20:21.840
<v Speaker 1>households now employed, unemployment so far down, consumers do have

0:20:22.040 --> 0:20:25.439
<v Speaker 1>more discretionary income that they can afford to spend, and

0:20:25.480 --> 0:20:32.920
<v Speaker 1>they're doing it. So the discretionary retail space is extremely competitive, however,

0:20:33.200 --> 0:20:35.920
<v Speaker 1>so you really have to look at company by company.

0:20:36.680 --> 0:20:40.360
<v Speaker 1>I think the cruise lines, as an example, are well placed,

0:20:40.840 --> 0:20:45.080
<v Speaker 1>they will do well. The retail space for clothing is

0:20:45.720 --> 0:20:49.879
<v Speaker 1>just an absolute minefield, and so some companies are losing

0:20:49.880 --> 0:20:53.240
<v Speaker 1>out and others like Amazon or picking up share. Thanks

0:20:53.359 --> 0:20:56.280
<v Speaker 1>very much, Chuck Lieberman. He is the chief investment officer

0:20:56.400 --> 0:21:00.639
<v Speaker 1>at Advisers Capital Management, is also a Bloomberg Opinion columnists.

0:21:00.680 --> 0:21:03.880
<v Speaker 1>Helps to manage more than one point three billion dollars

0:21:17.440 --> 0:21:21.840
<v Speaker 1>the world of cryptocurrencies for example, bitcoin Bitcoin now trades

0:21:21.880 --> 0:21:23.920
<v Speaker 1>about five and a half percent lower than it did

0:21:24.000 --> 0:21:29.560
<v Speaker 1>yesterday at eighty dollars for bitcoin, Ripple is down about

0:21:29.600 --> 0:21:33.480
<v Speaker 1>twelve percent, Atherium down four percent, light Coin down seven

0:21:33.480 --> 0:21:35.560
<v Speaker 1>and a quarter percent. Here to help us understand a

0:21:35.560 --> 0:21:38.560
<v Speaker 1>little bit more about the world of cryptocurrencies and their

0:21:38.560 --> 0:21:41.320
<v Speaker 1>exchanges is Joe Marino. He is a partner in the

0:21:41.359 --> 0:21:46.800
<v Speaker 1>White Collar Defense and Investigations Group at Cadwalader in Washington,

0:21:46.920 --> 0:21:48.400
<v Speaker 1>d C. But he joins us here in our eleven

0:21:48.440 --> 0:21:50.520
<v Speaker 1>three oh studios. Joe, it is a pleasure. Thank you

0:21:50.560 --> 0:21:52.679
<v Speaker 1>for coming in. Maybe just give people a little bit

0:21:52.720 --> 0:21:55.239
<v Speaker 1>of your background so they understand where you're coming from

0:21:55.280 --> 0:21:57.960
<v Speaker 1>in your level of expertise. Sure him, and thank you

0:21:58.000 --> 0:22:00.679
<v Speaker 1>so much for having me so. My background is as

0:22:00.680 --> 0:22:04.120
<v Speaker 1>a federal prosecutor and I specialized is specifically in terrorist

0:22:04.160 --> 0:22:07.760
<v Speaker 1>financing at Main Justice down in Washington, d C. And

0:22:07.960 --> 0:22:09.880
<v Speaker 1>just to give a little background as to what we

0:22:10.320 --> 0:22:13.120
<v Speaker 1>used to look at in terms of how individuals would

0:22:13.119 --> 0:22:15.720
<v Speaker 1>funnel money to terrorist groups. In the old days, it

0:22:15.800 --> 0:22:18.359
<v Speaker 1>was cash, right, It was cash carried over the border,

0:22:18.440 --> 0:22:21.439
<v Speaker 1>sometimes mailed in FedEx boxes. Then it was Hawalla's right,

0:22:21.440 --> 0:22:25.159
<v Speaker 1>which are these informal ways with very little documentation of

0:22:25.200 --> 0:22:28.600
<v Speaker 1>moving money between parties as a way to avoid taxes.

0:22:28.920 --> 0:22:32.480
<v Speaker 1>The regulators, the I r S, the Treasury Department and

0:22:32.480 --> 0:22:35.680
<v Speaker 1>so on, and the FBI, and this would be electronic. Well,

0:22:35.720 --> 0:22:39.320
<v Speaker 1>Hawailli's typically we're kind of old school, you know, person

0:22:39.359 --> 0:22:42.120
<v Speaker 1>to person, So maybe two persons in the US would

0:22:42.560 --> 0:22:45.960
<v Speaker 1>exchange money for the purposes of exchanging the same amount overseas,

0:22:46.440 --> 0:22:48.879
<v Speaker 1>mostly off the books. Well, now we're in a digital age.

0:22:49.080 --> 0:22:53.040
<v Speaker 1>So now what we're looking at is largely unregulated, unbanked

0:22:53.040 --> 0:22:56.479
<v Speaker 1>transactions through digital currency, and that is very much on

0:22:56.520 --> 0:22:59.920
<v Speaker 1>the radar of federal prosecutors and regulators because they see

0:23:00.040 --> 0:23:02.480
<v Speaker 1>this as really the wild West, and it's a way

0:23:02.520 --> 0:23:05.639
<v Speaker 1>for people to avoid taxes, to launder money from criminal

0:23:05.720 --> 0:23:10.280
<v Speaker 1>enterprises potentially, and you know, even to violate campaign finance

0:23:10.600 --> 0:23:13.239
<v Speaker 1>and various different things. So it's very much on the

0:23:13.359 --> 0:23:17.440
<v Speaker 1>radar of prosecutors and regulators when it comes to cryptocurrency.

0:23:17.520 --> 0:23:20.080
<v Speaker 1>And again, there's so much promise to this technology, so

0:23:20.119 --> 0:23:21.600
<v Speaker 1>it's a shame that it's gotten a bit of a

0:23:21.640 --> 0:23:24.800
<v Speaker 1>blemish from some bad actors. But when it comes to regulators,

0:23:26.000 --> 0:23:29.199
<v Speaker 1>I would characterize their view of cryptocurrency as ranging from

0:23:29.280 --> 0:23:33.120
<v Speaker 1>highly skeptical to openly hostile because of these reasons. So

0:23:33.160 --> 0:23:38.560
<v Speaker 1>what do you believe the government's process is in determining

0:23:39.040 --> 0:23:42.800
<v Speaker 1>how to regulate or manage this market, Because as you

0:23:42.920 --> 0:23:47.840
<v Speaker 1>just describe, they're not agnostic at all. They're not agnostic.

0:23:47.920 --> 0:23:51.520
<v Speaker 1>So if you are an individual, you can mind cryptocurrency,

0:23:51.720 --> 0:23:55.560
<v Speaker 1>you can invest in cryptocurrency, you can buy and sell cryptocurrency,

0:23:55.720 --> 0:23:58.760
<v Speaker 1>and the government will largely leave you alone except for

0:23:58.800 --> 0:24:00.560
<v Speaker 1>the fact that you have to pay axes on it.

0:24:00.680 --> 0:24:03.520
<v Speaker 1>And the i r S does consider bitcoin and other

0:24:03.560 --> 0:24:06.639
<v Speaker 1>types of cryptocurrency to be property, and they expect you

0:24:06.680 --> 0:24:09.840
<v Speaker 1>to declare and pay capital gains tax on that. And

0:24:09.880 --> 0:24:12.600
<v Speaker 1>a taxable event can come out a number of different ways.

0:24:12.800 --> 0:24:15.359
<v Speaker 1>It's not just when you buy or sell or trade

0:24:15.400 --> 0:24:18.199
<v Speaker 1>the cryptocurrency. It's when you buy something. So if you

0:24:18.240 --> 0:24:21.480
<v Speaker 1>bought bitcoin at one hundred, it's now at two hundred,

0:24:21.560 --> 0:24:24.040
<v Speaker 1>and you buy something at two hundred dollars, the i

0:24:24.200 --> 0:24:26.560
<v Speaker 1>r S sees that as a taxable event and expects

0:24:26.560 --> 0:24:29.399
<v Speaker 1>you to pay short or long term capital gains on

0:24:29.600 --> 0:24:33.639
<v Speaker 1>that differential. So, but in general, if you're not in

0:24:33.680 --> 0:24:38.520
<v Speaker 1>the business of exchanging cryptocurrency, you're largely off the government's radar. Now,

0:24:38.640 --> 0:24:42.600
<v Speaker 1>if you want to get into the business of exchanging cryptocurrency,

0:24:42.760 --> 0:24:45.520
<v Speaker 1>and either you're doing crypto for fiat currency like dollars

0:24:45.600 --> 0:24:48.920
<v Speaker 1>or euro or crypto to crypto like bitcoin and ether,

0:24:49.160 --> 0:24:51.399
<v Speaker 1>and you do this on a regular basis as a

0:24:51.440 --> 0:24:54.399
<v Speaker 1>business to take advantage of the spread. Well, now the

0:24:54.440 --> 0:24:57.800
<v Speaker 1>Treasury Department has made very clear it considers you a

0:24:57.880 --> 0:25:00.440
<v Speaker 1>money services business and what that means means is it's

0:25:00.440 --> 0:25:02.560
<v Speaker 1>a term of art under a statute called the Bank

0:25:02.640 --> 0:25:05.280
<v Speaker 1>Secrecy Act from the nineteen seventies. And what it means

0:25:05.400 --> 0:25:08.080
<v Speaker 1>is you are now subject to registration. So if you

0:25:08.119 --> 0:25:11.919
<v Speaker 1>don't register and you engage as a cryptocurrency exchange, you

0:25:11.920 --> 0:25:15.680
<v Speaker 1>are operating an unlicensed money service business. If you do register,

0:25:15.800 --> 0:25:18.600
<v Speaker 1>which you should if you think you fall into this category.

0:25:18.720 --> 0:25:21.840
<v Speaker 1>Now you have a whole range of record keeping and

0:25:21.920 --> 0:25:25.639
<v Speaker 1>reporting and audit responsibilities to finn SEND, which is the

0:25:25.680 --> 0:25:28.119
<v Speaker 1>Financial Crimes Enforcement Network which is a part of the

0:25:28.160 --> 0:25:30.480
<v Speaker 1>Treasury Department. And this comes to a surprise to a

0:25:30.520 --> 0:25:33.560
<v Speaker 1>lot of companies, whether they be startups or traditional brick

0:25:33.600 --> 0:25:35.960
<v Speaker 1>and mortar banks and broker dealers who want to get

0:25:36.000 --> 0:25:38.760
<v Speaker 1>into the crypto space. Now you said that this is

0:25:38.800 --> 0:25:41.159
<v Speaker 1>something that the companies have to do. What are the

0:25:41.480 --> 0:25:45.160
<v Speaker 1>what are the responsibilities of the people who are actually

0:25:45.280 --> 0:25:48.440
<v Speaker 1>running the companies? Well, so it often these often come

0:25:48.480 --> 0:25:51.359
<v Speaker 1>to a surprise, a surprise to these people because now

0:25:51.440 --> 0:25:54.840
<v Speaker 1>they have not just tax, not just Treasury, but also

0:25:54.880 --> 0:25:57.159
<v Speaker 1>even sanctions obligations. So you have to make sure if

0:25:57.160 --> 0:26:00.359
<v Speaker 1>you're running a business now, you're not running a foul

0:26:00.440 --> 0:26:04.439
<v Speaker 1>of the various laws that apply to traditional financial institutions. Again,

0:26:04.800 --> 0:26:08.280
<v Speaker 1>traditional banks, they're accustomed to being regulated entities. They know

0:26:08.440 --> 0:26:11.320
<v Speaker 1>for for decades how to respond to Treasury, how to

0:26:11.359 --> 0:26:16.000
<v Speaker 1>respond to the compliance divisions. With expertise such as yourself,

0:26:16.000 --> 0:26:19.359
<v Speaker 1>they can call it's an entire industry, right, Not so

0:26:19.480 --> 0:26:21.760
<v Speaker 1>much in the crypto space with these startup companies that

0:26:21.800 --> 0:26:23.920
<v Speaker 1>are you know, they're just they're just figuring out the technology,

0:26:23.960 --> 0:26:26.840
<v Speaker 1>they're getting into it. It's exciting, they're getting investors, they're

0:26:26.880 --> 0:26:30.600
<v Speaker 1>getting customers. They are often shocked at the compliance and

0:26:30.640 --> 0:26:33.600
<v Speaker 1>regulatory burden that's imposed on then. And this is not

0:26:33.680 --> 0:26:36.000
<v Speaker 1>a sleepy industry. Like I started off saying, the government

0:26:36.080 --> 0:26:38.119
<v Speaker 1>is very much attuned to it. So they're looking to

0:26:38.160 --> 0:26:41.679
<v Speaker 1>make examples, they're looking to delve into the books and

0:26:41.680 --> 0:26:44.119
<v Speaker 1>records of these companies and figure out what's going on

0:26:44.200 --> 0:26:49.399
<v Speaker 1>and are they in compliance. What are mixers and tumblers? Okay,

0:26:49.440 --> 0:26:53.040
<v Speaker 1>so those are terms of art in the industry. They

0:26:53.080 --> 0:26:58.440
<v Speaker 1>are specific technologies that provide for further anonymity, and they're

0:26:58.880 --> 0:27:01.520
<v Speaker 1>red flags to be doubt for. Right. So part of

0:27:01.560 --> 0:27:05.360
<v Speaker 1>the appeal of cryptocurrency is that it's largely anonymous. Right.

0:27:05.520 --> 0:27:10.480
<v Speaker 1>The blockchain documents the transaction itself, but tying people's names

0:27:10.520 --> 0:27:14.440
<v Speaker 1>to those transactions can be difficult because there's no universal directory.

0:27:14.840 --> 0:27:17.119
<v Speaker 1>So what mixers and tunnelers do is they make it

0:27:17.200 --> 0:27:23.080
<v Speaker 1>even more anonymous. Possibly that is appealing to bitcoin users

0:27:23.240 --> 0:27:25.040
<v Speaker 1>for whatever reason that they want to stay you know,

0:27:25.080 --> 0:27:27.959
<v Speaker 1>off the radar, but to regulators that's a red flag.

0:27:28.200 --> 0:27:30.040
<v Speaker 1>So if I'm advising a client that's trying to get

0:27:30.080 --> 0:27:32.520
<v Speaker 1>into the crypto space, I say, okay, if we're looking

0:27:32.520 --> 0:27:36.359
<v Speaker 1>for red flags such as transactions to be wary of,

0:27:36.520 --> 0:27:40.000
<v Speaker 1>or customers to avoid any involvement of a mixer or

0:27:40.040 --> 0:27:45.000
<v Speaker 1>a tumbler or any other technology that further anonymizes the transaction.

0:27:45.119 --> 0:27:47.320
<v Speaker 1>Is something from the company perspective you want to be

0:27:47.359 --> 0:27:51.840
<v Speaker 1>wary of. Do you believe that online gaming is an

0:27:51.960 --> 0:27:55.960
<v Speaker 1>area that is specifically targeted by regulators to watch out

0:27:56.000 --> 0:27:59.119
<v Speaker 1>for these kinds of red flags. It's definitely something that

0:28:00.280 --> 0:28:02.760
<v Speaker 1>is going to be on is on their radar. So again,

0:28:02.760 --> 0:28:04.800
<v Speaker 1>if you are triaging, you want to get into the

0:28:04.800 --> 0:28:06.720
<v Speaker 1>crypto business, right you want to think about what kind

0:28:06.720 --> 0:28:08.960
<v Speaker 1>of counterparties, what kind of clients am I taking on?

0:28:09.240 --> 0:28:12.239
<v Speaker 1>And an online gambling company comes to you, it's one

0:28:12.280 --> 0:28:15.000
<v Speaker 1>of those red flags. Doesn't necessarily mean they're doing something wrong.

0:28:15.080 --> 0:28:17.320
<v Speaker 1>They could be in full compliance if they're off shore

0:28:17.600 --> 0:28:19.879
<v Speaker 1>and they're running their business in compliance with the laws

0:28:19.880 --> 0:28:22.600
<v Speaker 1>of whatever jurisdiction they're based in. But do you, as

0:28:22.600 --> 0:28:25.600
<v Speaker 1>a US company, as a bank or money services business,

0:28:25.720 --> 0:28:28.680
<v Speaker 1>want to be doing business with an online gambling company

0:28:28.840 --> 0:28:31.240
<v Speaker 1>knowing that they might be under the radar of US

0:28:31.320 --> 0:28:33.679
<v Speaker 1>regulators who might take a lot of interest in that

0:28:33.720 --> 0:28:36.600
<v Speaker 1>particular client. Thank you very much for being with us.

0:28:36.680 --> 0:28:40.680
<v Speaker 1>Joe Marino, excellent partner White Collar Defense and Investigations Group

0:28:40.720 --> 0:28:44.440
<v Speaker 1>for KED Walader based in Washington, d C. Giving us

0:28:44.480 --> 0:28:50.520
<v Speaker 1>his take on the world of cryptocurrencies. Much appreciated. Thanks

0:28:50.560 --> 0:28:53.160
<v Speaker 1>for listening to the Bloomberg P and L podcast. You

0:28:53.200 --> 0:28:57.000
<v Speaker 1>can subscribe and listen to interviews at Apple Podcasts, SoundCloud,

0:28:57.120 --> 0:29:00.560
<v Speaker 1>or whatever podcast platform you prefer. I'm pim Box, I'm

0:29:00.600 --> 0:29:04.600
<v Speaker 1>on Twitter at pim Fox. I'm on Twitter at Lisa Abramo.

0:29:04.720 --> 0:29:07.320
<v Speaker 1>It's one before the podcast. You can always catch us

0:29:07.360 --> 0:29:08.960
<v Speaker 1>worldwide on Blueberg Radio