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Dear Mr. Berko:

Dear S.R.:

Several months ago, I asked an old college semi-chum, who retired six years ago as a low-level big-shot executive at one of the world’s influential rating agencies, the following question: “How can Standard & Poor’s, Moody’s or Fitch assign an A or AA rating to a bond or preferred stock and a month later watch it go bankrupt? Are you guys on the take?”

My retired semi-chum told me that Standard & Poor’s, Moody’s and other rating services are paid huge, handsome fees by the companies they rate. If they fail to give a paying customer a good rating, the likelihood is that the company will solicit a competitor. I quote: “We are in a very competitive business and on occasion, when it’s necessary, we can inflate a company’s rating, just like our school system inflates student grades or appraisers inflate the value of a home.”

These rating companies are in business to make money and perform a service for investors. Hopefully, they should be able to do both so the investor prospers, too. However, if it’s a choice between making money or performing a good service to investors — think about today’s politicians and corporate officers — I think they’d choose the former, and make the buck! Some psychologists suggest that lying to hundreds of millions of children every year about Santa Claus to achieve a favorable behavior outcome is a good training ground for children to learn to lie to the public 30 or 40 years later.

The next stock market concern is the near certain collapse of the commercial real estate bubble. Huge companies like Sears Holdings Corp., Office Depot Inc., Starbucks Corp, The Home Depot Inc., Circuit City Stores Inc., Sprint Nextel Corp. and Chicago Title Insurance Co. are vacating their leases and branch banks are closing their windows. Small neighborhood strip centers are losing tenants and vacancy signs are sprouting like weeds. Commercial vacancy rates in New York City are expected to exceed 18 percent in 2009, Dallas expects 22 percent, metropolitan Chicago prophesies 18 percent, Atlanta foresees 20 percent, and Phoenix anticipates commercial vacancy rates to exceed 21 percent. Foreclosures last year were up 30 percent from 2007, and that number is expected to move higher this year. Huge, debt-laden shopping mall developers like General Growth Properties Inc. can’t meet their loan obligations, and many smaller, well-known developers like Florida’s Sembler & Co. are holding a fraying rope.

Many large commercial real estate investment trusts are floundering and others could founder. Banks are reluctant to extend loan agreements because property values are significantly lower than loan amounts. Cash flows cannot meet mortgage payments. The only solution is twofold: The lenders must take equity interests in the properties in lieu of some payments, or borrowers must enter Chapter 11 bankruptcy proceedings.

Finally, there is an easy way to take the required minimum distribution from your independent retirement account without selling DuPont, Bank of America or your closed-end funds that are “too numerous to mention.” If your required minimum distribution is $9,700, have your broker shift $9,700 in market value of DuPont, 3M, closed-end funds or any combination of securities to your personal account. Then wait until the market recovers. If the market hasn’t recovered in time for your next required minimum distribution, then transfer the necessary amount of shares once again to your personal account.

Of course, Uncle Sam will want you to pay taxes on those distributions. So, if you don’t have enough cash in your personal account, you might need to sell some of your depressed shares to help pay for the huge government trillion-dollar giveaway program. You might also have to accept the possibility that your shares might not return to pre-2006 prices between now and your eventual change of venue.

Please address your financial questions to Malcolm Berko, P.O. Box 1416, Boca Raton, Fla. 33429 or e-mail him at malber@comcast.net. © 2008 Creators Syndicate Inc.