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STOCK MARKET COMMENTARY

March 16, 2009

From Elliot Goldberg, Registered Investment Advisor, Goldata Financial


Last week, the vigilantes declared victory. The week started out with Warren Buffett becoming an honorary member of the market vigilantes by coming on CNBC and asking the administration to “focus” on the banking crisis and wait on other priorities. There was hope that a message from this strong an Obama insider would “consolidate” the administration’s message, but nothing came. Adding insult to injury was the administration’s protectionist lean on Bank of America (BAC) and Microsoft (MSFT) to end their policy of hiring foreign workers through the H1-B program, in lieu of Americans. The vigilantes responded with yet another punishing day  to the downside to decade-plus lows. Tuesday’s open was marginally higher, but then the white flag was raised by the administration, first by Fed Chairman Bernanke clarifying to the market that nationalization of the banks is off the table, alleviating fears of bank stocks and their preferreds going to zero. Then Barney Frank, head of the House Financial Services committee, suggested a look at the “mark to market” rules (to help bank capital requirements) and reinstating the up-tick rule (preventing short sales without a trade higher) and the market took off. Frank’s counterpart in the Senate, Chris (I really don’t know Angelo Mazilo [Countrywide loan scam]) Dodd, chimed in about an hour later adding gasoline to the fire confirming his support.  Obama’s pander to the Chamber of Commerce Thursday and Larry Summer’s remarks Friday confirmed the administration’s about face on its renaming business the evil empire and its surrender to the vigilante’s cause. With this behind us, we can focus back on the market’s fundamentals and technicals. The fundamentals are still awful, but there was some glimmer of hope in retail sales numbers reported. At times like these, the technicals are where the focus should be. We bottomed on Monday just below SPY68 on nice volume and rallied above the previous low of SPY74. What we are looking for is a technical pattern of higher highs and higher lows. A pullback off of a move as sharp as last week is to be expected, but SPY68 needs to hold. Conclusion: An important, necessary, but insufficient step has been taken getting the Obama administration to “do no more harm”. A case can be made for a bottom, but it is unconvincing. Fortunately, the discipline in managed portfolio sets up nicely either way. If we continue down, cash will cushion the hit. If the market continues up, securities sold last fall will be bought back 20+% cheaper as they will cross their respective 200-moving averages shortly and be added to portfolios. I’ll be watching.


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