Starting Sept. 23, there is good news for savers who want a fair shake when looking for investment advice. Let's hope that the new Department of Labor rules are here to stay.

 

If the DOLs are enacted, more professionals than ever before will be required to act as fiduciaries when clients pay them for investment advice on Individual Retirement Accounts IRA). This will add another level of protection to an instrument that for many represents a lifetime of retirement savings.

 

What, you might ask, is a fiduciary? It is someone responsible for managing money or property for someone, who must put that client's interests ahead of their own. Such a person (or organization) is legally and ethically obligated to act in the best interests of another person or entity.

 

Many people fail to understand that the rules governing financial professionals vary, depending on where they work and what products they sell. They just assume that a 'trusted adviser' is just that. The goal of the legislation is to minimize conflicts of interest and to end the practice of selling goods and services that simply line the pockets of the seller at the expense of the buyer. Through the years, I have seen this done more times than I care to count with upper management in many Wall Street firms encouraging the practice and rewarding the perpetrators with fat bonuses.

 

In my own career, there were times that I was not required to act as a fiduciary, but I adhered to the letter of the law anyway. As a registered investment adviser at my former firm, Berkshire Money Management, it was a requirement. In my opinion, the financial services business is built on trust and anything that furthers that goal makes absolute sense to me.

 

This is not the first time that the DOL has attempted to update ERISA, the federal retirement law that was first enacted in 1974. That law governs the gambit of retirement savings vehicles.  For more than a decade, the financial services sector has managed to delay or remove legislation through three successive administrations. I recall writing about this back in the Obama administration in 2016 when stringent rules appeared to be on the verge of implementation, only to be tossed out by the Trump administration two years later.

 

This time around some of the loopholes in the existing rules have been addressed. In the past, for example, before being deemed a fiduciary, a financial professional had to meet a five-part test. One part of that test stated that advice must be given regularly. If a recommendation was only given one-time, as in the sale of an annuity or advice on what to do with the lump sum rollover of a 401(k) at retirement into an IRA, then the fiduciary rule did not apply. It may not sound like much of a difference, but the rollover market alone was worth almost $1 trillion last year.

 

The new rules would also include just about all financial professionals and the products they sell. Stockbrokers and insurance brokers would join the ranks of investment managers required to act as fiduciaries. It would also cast a wide net of product offerings, everything from stocks, bonds, mutual funds, annuities, and other insurance products, even illiquid real estate investments.

 

To screen for conflicts of interest among products and people, financial professionals would be required to have "policies and procedures in place to manage conflicts of interest and ensure providers follow these guidelines." 

 

I have long been an advocate of requiring the entire financial services industry to embrace the role of fiduciary in all their dealings with the public. However, that has not been the case thus far within the industry. This time around, I am hoping the new rules will stick, but I have also learned not to underestimate the financial services sector's lobbying power.

 

Bill Schmick is the founding partner of Onota Partners, Inc., in the Berkshires. His forecasts and opinions are purely his own and do not necessarily represent the views of Onota Partners Inc. (OPI). None of his commentary is or should be considered investment advice. Direct your inquiries to Bill at 1-413-347-2401 or email him at bill@schmicksretiredinvestor.com.

Tariffs in America have been used to accomplish specific goals throughout history. Until the Civil War, tariffs were a revenue generator for the government. After the Civil War, they were used to protect U.S. industries and during the Great Depression, tariffs evolved as a negotiating tool between nations, especially after World War II.

 

In the postwar years, tariffs built stronger trade relations between nations. Reciprocity rather than protectionism or revenue was the guiding principle behind our trade negotiations with other countries and economic regions. That idea still holds sway under certain circumstances, but tariffs have become an offensive policy tool as well.

 

I remain convinced that tariffs are simply another tax that corporations and consumers pay to finance the policy goals of the government. Many may believe that tariffs are worth the price if it means more jobs for Americans but that has not been the case. The overall loss of jobs because of tariffs far outweighs the gains in tariff-protected industries, especially in a situation where retaliatory tariffs are levied on the U.S.  

 

Tariffs in today's world are being used by both political parties to accomplish an even greater spectrum of goals than simply job protection. Under the former administration, tariffs were both a weapon to help revive the domestic manufacturing sector as well as to reduce American dependence on China in a variety of economic sectors.

 

Since then, under President Biden, the goals of tariffs have been broadened further to include national security, and self-sufficiency, and to support our efforts in the green energy transition.

 

His approach is better, he claims, because it is targeted and selective. It also involves convincing allies to join him to coordinate tariffs on Chinese goods.  He argues his tariffs on foreign electric vehicles and solar panels allow our U.S. producers to gain a foothold in this area. The restrictions on semiconductor imports are both an attempt to build up the country's self-sufficiency in an area that is important to both military defense and increase made-in-America manufacturing in areas such as artificial intelligence. He has also restricted what U.S. industries can sell to China, especially in the technology sector.

 

 Former President Trump has doubled down on his first-term tariffs. He has advanced ideas that would include a new 60 percent tariff on all Chinese imports, plus a 10 percent across-the-board tariff on imports from around the world. He has also reached back into America's past when tariffs were revenue generators. His idea is to use tariff revenue to replace the income tax.

 

I do applaud him for a novel idea. However, it would require a huge increase in tariffs to accomplish such a feat. To put this into perspective, when tariffs were the main source of government revenues, federal spending was about 2 percent of GDP. Today that number is 23 percent. Total individual income generates more than $2.2 trillion in federal revenues while total import revenues are less than $100 billion. The required increase in tariffs would stifle trade and likely precipitate a worldwide recession.

 

I also suspect that Trump may be using the threat of higher across-the-board tariffs to exact concessions from both China as well as the rest of the world. He has done it before and could do it again and our trading partners know it.

 

In any case, all these tariff efforts by both parties are playing well with American voters whether Republican, Democrat, or independents. It appears that few care that we are already paying $230 billion in tariff-related price increases. A further 60 percent tariff on Chinese goods would increase prices by another $230 billion.

 

On an individual level, the Peterson Institute for International Economics calculates if Trump carried through on his promises the average middle-income family would pay $1,700 a year in higher prices on top of the $1,000 per annum they are already paying.

 

I don't think Preside Biden's tariff schemes are any better despite his selective approach. However, what I think isn't important. It is up to an informed electorate to decide if tariffs are the way to go.

 

Bill Schmick is the founding partner of Onota Partners, Inc., in the Berkshires. His forecasts and opinions are purely his own and do not necessarily represent the views of Onota Partners Inc. (OPI). None of his commentary is or should be considered investment advice. Direct your inquiries to Bill at 1-413-347-2401 or email him at bill@schmicksretiredinvestor.com.

In this era of populism, tariffs have become as American as apple pie. Politicians are bending over backward to out-tariff their rivals. Voters are applauding the effort, and yet it is the consumer who will pay higher prices as a result.

 

I can understand how voters might disagree, given that party politicians continue to deny the obvious. "The notion that tariffs are a tax on U.S. consumers is a lie pushed by outsources and the Chinese Communist Party," declared a spokesperson for the Republican National Committee. 

 

I am neither an outsourcer nor a Chinese Communist, but I am convinced that tariffs are a tax on all of us.

 

When the U.S. levies a tariff on an imported good, the cost of the tariff comes directly out of the bank account of an American importer when the foreign-made product arrives at an American port. The importer then has a choice. It can either eat the cost or pass all or some of that added expense to the buyer of the imported goods. That buyer can be either a retailer or a consumer. How much of the extra cost is absorbed by the retailer and how much is paid by the consumer is hard to determine.

 

Historically, U.S. tariffs have been around since the days we declared independence. Tariffs generated most of the country's revenues and at one point represented 90 percent of federal revenues. That began to change when the Industrial Revolution took hold in the U.S. during the Civil War.

 

Tariffs were then levied to protect American industry, chiefly northern manufacturers from overseas imports. The Republican Party slapped tariffs on various goods from several countries in Europe and elsewhere. This period reached its zenith during the Great Depression when world economies were failing. Tariff wars exploded globally as countries rushed to protect industries within their borders.

 

Instead, these tariffs resulted in even less global growth and only worsened the state of the world's economies.

 

It was the passage of the Reciprocal Trade Agreements Act in 1934 that introduced the concept of reciprocity that began to reverse the global decline. The act allowed the president to horse trade on a global basis by negotiating lower duties if other nations did the same. After WWII, reciprocity became the dominant go-to trade policy. Over the ensuing decades, trade deals expanded from a country-to-country agreement to regional trade alliances that granted "free trade" to some while targeting duties and tariffs on others. The North Atlantic Free Trade Agreement is just one example of this practice.

 

After multiple decades, this era came to an abrupt halt when former president Donald Trump initiated a wave of tariffs on a variety of goods on China. He promised that the tariffs would level the playing field between the two countries, while bringing manufacturing jobs back home. He soon expanded his tariff offensive by placing tariffs on additional products and at the same time applying them to several additional countries.

 

His successor, Joe Biden, not only let stand the China tariffs but added to them. The costs to American consumers and companies not only increased as a result, but the jobs promised never materialized. The U.S. Customs and Border Protection estimates that Americans have paid more than $230 billion to date for tariffs that Trump imposed, and Biden extended.

 

A bipartisan working paper from the National Bureau of Economic Research found that the tariffs had no impact on the number of jobs in the affected industries. However, the tariffs did result in other countries imposing their retaliatory tariffs on U.S. products. That not only hurt consumers here at home but made the goods we exported abroad more expensive. In addition, those retaliatory tariffs lowered the number of jobs within the U.S. industries that were impacted.

 

The Chinese retaliatory 25 percent tariffs on U.S. cotton, soybean, and sorghum devastated large numbers of our farmers. The situation was so bad that the Trump Administration was forced to offset the damage by offering farmers $23 billion in taxpayer money.

 

J.P. Morgan economists estimated that the Trump tariffs on $300 billion of Chinese-made goods cost the average American household about $1,000 per year. We are still paying more today for a variety of imported goods from China including MAGA baseball caps, luggage, and shoes.

 

Next week, I will discuss the present effort to expand trade barriers and tariffs as a policy tool that is being used to advance several separate goals. Each of these tariff initiatives has serious ramifications for both American industry and consumers.

 

Bill Schmick is the founding partner of Onota Partners, Inc., in the Berkshires. His forecasts and opinions are purely his own and do not necessarily represent the views of Onota Partners Inc. (OPI). None of his commentary is or should be considered investment advice. Direct your inquiries to Bill at 1-413-347-2401 or email him at bill@schmicksretiredinvestor.com.

This is year three of a 15-year period where change will occur throughout America. It won't be an easy time for any of us. Stress, conflict, dissatisfaction, economic and political turmoil. It all lies ahead, but there is a silver lining.

 

In the case of regime change fueled by populism, American history may not repeat itself, but it does come damn close. Throughout our history, we have seen the pendulum swing from right to left and back again as discontent and bad times (the absence of fairness, equality, and equity) alternated with boom times and capitalism (winner-take-all mentality).

 

The only time the pendulum broke down was during the Civil War and it could again if compromise gives way. You probably never heard of the Wide Awake Movement. It was a grassroots anti-slavery movement that had its birth in Hartford, Conn., in February of 1860. The movement spread rapidly.

 

By the end of that summer, there were a half-million uniformed members under arms protesting slavery in a nation of 31 million. In response, those who disagreed with that stance formed armed groups of their own. They also numbered in the hundreds of thousands with names like the Minutemen and the National Volunteers. Americans on both sides failed to compromise, to see the other side's point of view. The pendulum had swung too far, so the system broke down.

 

In 1891, the People's Party was founded as America's farmers had had enough. It represented a populist agrarian movement that pitted a growing number of the nation's landless tenant farmers against the Eastern establishment and banking elite. That finally wound down by 1908 after much-needed reforms.

 

Fast forward to the Great Depression, millions of Americans out of work, and the rise of the labor union. That period encompassed almost 15 years. Then came the Vietnam Era along with a boatload of grievances from many segments of the population. Is any of this getting through to you? Populism is, and always has been, part of this nation's fabric.

 

Each of these periods represents a regime change of about 15 years. Why so long? It requires a huge effort, and a great deal of time to move the pendulum to the middle and even more to swing to the other side. It does not occur without crisis (real or imagined), and conflict. All the regime changes I have examined are filled with them. Economics and politics both play their part.

 

Why, might you ask, are conflicts necessary? Conflicts make people realize that "something must be done." Conflicts are necessary to move the pendulum. History is rife with examples. It required a Civil War to end slavery. World War II to finally pull us out of the Great Depression and confront the horrors of the Nazi's extermination of millions. The Vietnam War to recognize a new generation. But make no mistake, a shooting war-type conflict has not always been necessary to effect change here at home.

 

 Domestic conflicts were also plentiful — and just as traumatic. The suppression of labor unions by businesses and the nation's police forces in the 1930s comes to mind. Some of us remember the 1960s. I lived through Kent State and other student demonstrations, marches for racial equality, the burning of Watts, assassinations (the Kennedys, Martin Luther King, etc.), and much more. All of the above created a crisis and triggered change.

 

 Economics has always played a major part in populism. In the post-Civil War era, the decimation of the southern agrarian economies was a wrenching blow to a large swath of the nation's population. In the 1930s, we suffered through thousands of bank failures, drought, historical unemployment, tariffs, and the rise of communism and Nazi Socialism, which threatened capitalism and free markets. The regime change that occurred from the mid-1960s to the 1970s culminated in a period of skyrocketing interest rates, inflation, and gas lines at the pump.

 

The response to my columns thus far on populism has been heart-warming. Thank you, readers, for your interest and continued encouragement. Next week, I will conclude this series with a glimpse of what we can expect in the years ahead, at least from a financial and economic perspective.

 

Bill Schmick is the founding partner of Onota Partners, Inc., in the Berkshires. His forecasts and opinions are purely his own and do not necessarily represent the views of Onota Partners Inc. (OPI). None of his commentary is or should be considered investment advice. Direct your inquiries to Bill at 1-413-347-2401 or email him at bill@schmicksretiredinvestor.com.

The number one issue on voter's minds in this election year is immigration. That may come as a surprise to some, but it makes a lot of sense if one believes that we have entered a period of populism.

 

Sixty-two percent of registered voters nationwide support a program to "deport all undocumented immigrants," according to a CBS News poll over the weekend. On June 3, 2024, President Biden signed an executive order that would ban migrants who cross the southern border illegally from claiming asylum to defuse this election issue. Faith-based charities, like Catholic Charities, which have a long history of providing shelter, food, and clothing to migrant families are targeted by anti-immigration activists. What has all this immigration anger have to do with American populism?

 

By now readers should be aware (if you have been reading my last three columns) that over the last 40 years middle- and lower-income Americans have seen their livelihoods dwindle because of government policies that favored a top-down approach to economic growth and fiscal spending. The flow of money from both the Federal Reserve Bank and the trillions of dollars in government spending has largely found its way overseas in a variety of forms. "Go forth and conquer the world" was the mantra our nation's leaders espoused pointing to the benefits of international free trade.

 

Every effort was made to encourage, expand, and at times, protect our overseas markets. Think of government contractors across a wide spectrum of U.S. industries importing goods and services from cheap overseas companies or their foreign subsidiaries. I have already written about the long-term trend by U.S. corporations to invest in plants and equipment in various countries.

 

U.S. companies have routinely imported basic materials from around the world to build our outdated infrastructure and still do. We must also add in the trillions of dollars in U.S. funding of dozens of foreign governments, while also supporting our troops in various conflicts abroad over the last couple of decades.

 

Here at home, as good-paying jobs disappeared, many younger Americans found that even their high-priced college educations might only qualify them for a minimum-wage job at a fast-food restaurant. Unlike in past generations, where only one spouse needed to work, now two were necessary, and even then it was not always enough to put bread on the table. Many jobs don't even cover child-care expenses.

 

Back in the day, they called America "the Sleeping Giant." Given the trends, it was only a matter of time before a large portion of the country woke up and asked the obvious question.

 

 "What about me?"

 

It is not the first time in our history we have asked that question. There have been many populist periods where economic or political dissatisfaction has translated into protests of immigrants and foreign influences in the form of protectionism. Protectionism is a policy of restricting imports from other countries through tariffs on imported goods, and quotas. and a variety of other government regulations that restrict the free flow of goods and services between countries.

 

Back in the 1930s, for example, during the Great Depression, as millions of workers lost their jobs, and populism surfaced, higher trade barriers were put in place. Those tariffs not only exacerbated the severity of the downturn but also worked to choke off any recovery.

 

This latest period of populism/protectionism found its voice through the ideas of MAGA. The Trump administration built walls along the Mexican border, levied tariffs on China and other countries, threatened to pull out of NATO, and provided a steady stream of anti-foreign rhetoric that was music to the ears of many Americans.

 

But like the 1930s, none of these policies worked. It only led to dislocation, losses for American farmers and other workers, and higher prices for consumers. Nonetheless, many Americans not only applauded these efforts but also supported even higher tariffs and more restrictions and deportations of immigrants.

 

The connection between protectionism and immigration is straightforward. Barriers to admitting immigrants are simply a tariff on another type of imported good and service that is entering the country — labor, both legal and illegal. The difference is that, unlike a tariff on Chinese semiconductors, an immigrant is someone who can be identified as such and is far easier to vilify. Immigrants become the embodiment of all that is wrong with globalization.

 

Making matters worse, thanks to COVID-19 and the failed economic policies and shortcomings of some governments, the refugees' rush to flee to the freedom and economic promise of the U.S. became irresistible. As such, we are assaulted through the news media with the spectacle of huge waves of immigrants at our borders, climbing fences, wading rivers, and dying in deserts. Unfortunately, they are also a visual reminder to all those generational Americans who have been left out of that economic promise, who see them only as a danger to our society and to job security.

 

Only now, thanks to the match lit by Donald Trump's oratory over the past several years, have politicians and corporations, begun to realize that the 40-year top-down, globalization trends that benefited a small segment of society have run into a brick wall of anger, resentment, and demand for change — or else.

 

Those who read my two-part column on immigration in March "Immigrants are getting a bad rap on the economic front," understand that immigrants have contributed far more than they have taken from the U.S. economy in recent years. In fact, throughout our history that has proven to be true.

 

But facts have never carried much weight in a season of discontent. As many who have tried reason in the face of conspiracy theories know, spouting facts in the face of this populist sentiment is a useless endeavor. 

 

The U.S. is not alone in using immigration as the favored whipping boy in an era of populism. In European elections last week, France, Germany, Spain, and Italy saw large advances by political parties that oppose immigration. The trend toward protectionism and de-globalization is gathering steam in Asia and Latin America as well.  Next week, I will examine similar times in our past when populism flourished. How long these regime changes normally last, what lessons we have learned, and why the coming crisis period we will encounter could usher in a change for the better over time.    

 

Bill Schmick is the founding partner of Onota Partners, Inc., in the Berkshires. His forecasts and opinions are purely his own and do not necessarily represent the views of Onota Partners Inc. (OPI). None of his commentary is or should be considered investment advice. Direct your inquiries to Bill at 1-413-347-2401 or email him at bill@schmicksretiredinvestor.com.