June 2010

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More here: Anne-Marie Masquelier Appointed as Global Medical Research Director at Cegedim Strategic Data (CSD)

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July 1 (Bloomberg) — Richard Jerram, chief Asia economist at Macquarie Securities Ltd. in Tokyo, talks with Bloomberg’s Linzie Janis about the outlook for Japan’s economy and the yen. Sentiment among Japan’s largest manufacturers rose to a two-year high, signaling Europe’s debt crisis has yet to undermine their confidence in the global recovery. The quarterly Tankan index of sentiment at large manufacturers climbed 15 points in June to plus 1, the Bank of Japan said in Tokyo today. (Source: Bloomberg)

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Video: Jerram Says Strong Yen May Slow Japan’s Growth: Video

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Video: Schulz Says Japan Manufacturers’ Optimism `Taking Hold’: Video

June 30, 2010

July 1 (Bloomberg) — Martin Schulz, senior economist at Fujitsu Research Institute in Tokyo, talks with Bloomberg’s Mike Firn about the outlook for Japan’s economy. Sentiment among Japan’s largest manufacturers rose to a two-year high, signaling Europe’s debt crisis has yet to undermine their confidence in the global recovery. The quarterly Tankan index of sentiment at large manufacturers climbed 15 points in June to plus 1, the Bank of Japan said in Tokyo today. (Source: Bloomberg)

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This Week in Retail: Israeli Fund Looks To Step into U.S. Retail Property-Buying Void

June 30, 2010

Elbit Imaging Ltd. in Tel Aviv, Israel, completed an investment of approximately $116 million in Macquarie DDR Trust, an Australian publicly traded trust that holds and manages two US REIT portfolios of approximately 78 retail properties and 13.2 million…

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Obama Hails House Passage Of Financial Reform

June 30, 2010

WASHINGTON — President Barack Obama says House passage of a massive overhaul of financial regulations is a victory for everyone who was hurt by what he is calling Wall Street “recklessness and irresponsibility” that caused the financial meltdown and millions of job losses. House lawmakers voted 237-192 Wednesday in favor of the bill, sending it to the Senate for a vote expected in mid-July. Obama says the legislation provides a sensible framework of rules and regulations that will hold financial institutions accountable for their actions and help prevent another economic crisis like the one the U.S. is still recovering from.

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Bank Watch: Three Banks Given 30-Day or Else Notices

June 30, 2010

The Board of Governors of the Federal Reserve System has entered into Prompt Corrective Action Directives with three banks this month giving them just 30 days to either come up with fresh capital or contract to be acquired by another banking institution…

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Final Financial Reform Bill Passes House

June 30, 2010

WASHINGTON — Nearly two years after a Wall Street meltdown left the economy reeling, the House on Wednesday passed a massive overhaul of financial regulations that would extend the government’s reach from storefront thrifts to the executive suites of Manhattan. Senate support for the far-reaching bill remained in flux, however. The Senate was forced to delay its vote to mid-July, denying President Barack Obama a victory before Independence Day. Democrats struggled to secure the votes of a handful of Republican senators even after meeting their demands and backing down on a $19 billion tax on big banks and hedge funds. The legislation, swelling to more than 2,000 pages, would rewrite the nation’s regulatory books. Simple supermarket purchases and exotic derivatives trades would be subject to new laws. And the entire financial system would be placed on a risk watch in hopes of thwarting the next threat of a financial crisis. Obama hailed the vote as “a victory for every American who has been affected by the recklessness and irresponsibility that led to the loss of millions of jobs and trillions in wealth.” The 237-192 House tally broke largely along party lines but attracted more support than in December when no Republicans voted for the House version of the bill. The new legislation combines the House bill with one passed by the Senate last month. “Today, I rise with a clear message that the party is over,” House Speaker Nancy Pelosi declared. “No longer again will recklessness on Wall Street cause joblessness on Main Street. No longer will the risky behavior of the few threaten the financial stability of our families, our businesses and our economy as a whole.” Republicans portrayed the bill as a vast overreach of government power that would do little to prevent future bailouts of failing financial institutions. They complained that it failed to place tighter restrictions on Fannie Mae and Freddie Mac, the mortgage giants forced into huge federal bailouts after their questionable lending helped trigger the housing and economic meltdowns. “This legislation is a clear attack on capital formation in America,” said Rep. Eric Cantor of Virginia, the second-ranking House Republican. “It purports to prevent the next financial crisis, but it does so by vastly expanding the power of the same regulators who failed to stop the last one.” Only three Republicans voted for the bill: Joseph Cao of Louisiana, Mike Castle of Delaware and Walter Jones of North Carolina. Nineteen Democrats voted against it, eight fewer than in December. As predictable as the House vote may have been, the Senate was a study in unpredictability. House and Senate negotiators were forced to reconvene Tuesday to remove a $19 billion tax on large banks and hedge funds, hoping to overcome objections from Sens. Scott Brown, Susan Collins and Olympia Snowe, all Republicans who voted for the Senate version last month. Democrats inserted the tax late last week as they assembled a combined House-Senate bill, catching big banks by surprise. Brown was the first to complain and threatened to vote against the bill if the tax remained in the final measure. Desperate to hold at least 60 votes to beat back procedural hurdles, House Financial Services Committee Chairman Barney Frank, Senate Banking Committee Chairman Chris Dodd and Obama administration officials scrambled to drop the tax and devise another means of financing the bill’s cost. In the end, House and Senate negotiators, voting along party lines, agreed to pay for the bill with $11 billion generated by ending the unpopular Troubled Asset Relief Program – the $700 billion bank bailout created in the fall of 2008 at the height of the financial scare. They also agreed to increase premium rates paid by commercial banks to the Federal Deposit Insurance Corp. to insure bank deposits. The increase would not affect banks with assets under $10 billion. On Wednesday, Collins issued a statement saying she was now inclined to vote for the bill. But Brown remained uncommitted, saying he needed Congress’ weeklong July 4 recess to examine the details of the bill. He did credit Dodd for “thinking outside the box” in finding an alternative. Earlier Wednesday, Obama had decried Republican opposition to the bill. In remarks in Racine, Wis., the president took aim at House Republican leader John Boehner of Ohio for remarking in a newspaper interview that the financial regulation bill was like using a nuclear weapon on an ant. “If the Republican leader is that out of touch with the struggles facing the American people, he should come here to Racine and ask people if they think the financial crisis was an ant,” Obama said. The American Bankers Association denounced the bill, and its president and CEO, Edward Yingling, vowed to continue to make the industry’s case to the Senate. “Many small banks are telling us they will simply have to sell out to larger institutions that have the staff to deal with the massive volume of new reports and rules,” Yingling said in a statement. The administration and House and Senate lawmakers have worked for more than a year to forge a bill. It has prompted a backlash from the financial industry and a populist cry from Congress to punish banks for the freewheeling practices that contributed to the 2008 meltdown. Analysts by and large found the legislation tougher than what the Obama administration had recommended, but not as harsh as the industry had feared. The legislation creates a new federal agency to police consumer lending, set up a warning system for financial risks, force failing firms to liquidate and map new rules for instruments that have been largely uncontrolled. “This bill has the biggest package of increased consumer protections in the history of America,” Frank said. The legislation requires bank holding companies to spin off their derivatives business into self-funded subsidiaries. Banks would be allowed to keep less risky derivatives operations. It sets new standards for what banks must keep in reserve to protect against losses, though lobbyists carved out a grandfather exception for banks with assets of less than $15 billion. The legislation also adopted the Obama administration’s so-called “Volcker Rule,” named after its chief advocate, former Federal Reserve Chairman Paul Volcker. Commercial banks would not be permitted to trade in speculative investments. But negotiators agreed to let them invest in hedge funds and private equity funds, setting an investment limit of no more than 3 percent of their capital.

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Unemployment Extension Fails: Senate Rejects Jobless Benefits 58-38

June 30, 2010

The Senate rejected Wednesday — for the fourth time — a bill that would have reauthorized extended benefits for the long-term unemployed, by a vote of 58 to 38. Democrats will not make another effort to break the Republican filibuster before adjourning for the July 4 recess. By the time lawmakers return to Washington, more than 2 million people who’ve been out of work for longer than six months will have missed checks they would have received if they’d been laid off closer to the beginning of the recession. Only two Republicans, Sens. Olympia Snowe and Susan Collins of Maine, crossed the aisle to support the measure. That gave Democrats 59 of the 60 votes they needed to break the GOP filibuster, but without the late Sen. Robert Byrd (D-W.Va.), Nebraska Democrat Ben Nelson’s nay vote was enough to kill the bill. (The final tally shows only 58 yea votes due to arcane rules of Senate procedure, which require Senate Majority Leader Harry Reid (D-Nev.) to vote against the bill in order to allow for another vote on it in the future.) “We will vote on this measure again once there is a replacement named for the late Senator Byrd,” Reid said in a statement after the vote. “In the meantime, I sincerely hope that Republicans will finally listen to the millions of unemployed Americans who need this assistance to support their families in these tough times. These Americans and millions more demand that Republicans stop filibustering support for unemployed workers.” Already, more than 1.2 million people out of work for longer than six months have missed checks since federally-funded extended benefits lapsed at the beginning of June. “Senators had a chance to put election year posturing aside and one too few rose to that challenge,” said Judy Conti, a lobbyist for the National Employment Law Project. “It’s a sad night, especially for the over one million workers and their families who will have little cause to celebrate this holiday weekend. It is a disgrace and an absolute slap in the face to basic human decency.” During the past several weeks, in an effort to appease deficit hawks, Reid and Sen. Max Baucus (D-Mont.) trimmed a broader spending bill that included the benefits among a host of other domestic aid programs. They reduced the bill’s 10-year deficit impact from $134 billion to $33 billion — the cost of reauthorizing extended unemployment benefits through November — but to no avail. This week, Reid and Baucus pulled out the unemployment benefits as a $33-billion standalone bill, attaching an extension of the homebuyer tax credit, yet it wasn’t enough of a sweetener to overcome the deficit demands of most Republicans and Ben Nelson. After the vote, the Senate unanimously consented to the extension of the tax credit, as Reid said would happen if the vote failed. Though there is some talk within their caucus of offsetting the cost of unemployment benefits to keep them from adding to the deficit, Democratic leaders refused to cave; they argued that because the cost of federally-funded extended benefits has never been offset, deficit neutrality shouldn’t suddenly become a requirement for emergency aid. Republicans offered alternative bills that would have paid for extended benefits with unused stimulus funds. “The only reason the unemployment extension hasn’t passed is because our friends on the other side have refused to pass a bill that doesn’t add to the debt,” Senate Minority Leader Mitch McConnell (R-Ky.) said after the vote. Republicans and some Democrats are uneasy about the unprecedented duration of benefits made available to the unemployed by last year’s stimulus bill and subsequent acts of Congress, which in some states reaches 99 weeks. Without those provisions, layoff victims are currently eligible for only 26 weeks of benefits in most states, while the average unemployment spell is 34 weeks. Lurking beneath the deficit concerns for some members is the suspicion that the extended benefits discourage people from looking for work — even though there are five people vying for every available job and a full third of the 15 million unemployed don’t actually receive the benefits. If Congress eventually does reauthorize the aid, people eligible for extended benefits during the lapse will be paid retroactively. Failure to do so would be unprecedented : Since the 1950s extended federal benefits have never been allowed to expire with a national unemployment rate above 7.2 percent. The current rate stands at 9.7 percent. Reid vowed earlier on Wednesday that the Senate would try again. “We’re not moving away from this issue,” he said. “We’ll be back to haunt [Republicans] for what they’re doing to people who are in such desperate shape.”

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Video: Saut Says U.S. `Double Dip’ Recession Is Unlikely: Video

June 30, 2010

July 1 (Bloomberg) — Jeffrey Saut, chief investment strategist at Raymond James & Associates, talks with Bloomberg’s Susan Li about the outlook for U.S. stocks and the nation’s economy. Saut, speaking from St. Petersburg, Florida, also discusses U.S. House of Representatives’ approval of the financial-overhaul bill and its implications for the banking industry. (Source: Bloomberg)

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Patrice Peyret: How about financial services that help, not exploit, the broke?

June 30, 2010

I am midway through reading Gary Rivlin’s new book, Broke, USA . As CNN Money contributor Dan Okrent puts it in his review , Rivlin’s book is about the industry of “vulture finance.” It exposes large and small financial services companies that prey on financially vulnerable people because they can and because they find it lucrative. So I was understandably skeptical when I flew out to Miami a few weeks ago to attend the Underbanked Forum, a conference organized by the Center for Financial Services Innovation . Was I about to jump into a pool infested with loan sharks? The conference turned out to be quite good. Several presentations and topics were true eye-openers. Here’s the bottom line: for the broke, there’s still hope for fair financial services that support flexible modern life and encourage financial responsibility. Not just the fringes of the economy Who cares? A lot of people should. The FDIC puts the number of under-banked and un-banked households – i.e. people who can’t access the kind of credit and banking services that support mainstream life in the U.S. — at about 30 percent in its December 2009 survey . Add in younger people who are just starting to build their financial lives but have a world-weary cynicism of big banks. Also add more experienced adults who’ve been wronged by their banks lately, and there’s a potential pool of 100 million people who demand better financial services. With numbers like that, it’s not surprising that a segment of the financial services industry is mobilizing to do a better job of being inclusive, understanding and creative about addressing customers needs without gouging them at every turn. Too much downside, not enough upside At the conference, design firm Ideo and non-for-profit D2D Fund reported on their analysis of people banking and non-banking behaviors. Most striking among their findings: the upside of having a bank account often is perceived as being less than the downside of hidden fees and other practices that filch money. What’s the point of hoping to earn roughly one percent interest on a few hundred dollars in your savings account while taking the risk of being hit with a $29 overdraft fee on your checking account? Speakers highlighted two emerging alternatives to traditional savings accounts that offer a bigger potential upside for people who are starting from scratch: Starter savings accounts offered at an eye-popping five percent interest rate from established players such as US Bank and start-ups such as Mango Money . A ” Save to Win ” pilot conducted at a Michigan credit union offered prize drawings, including a grand prize of150,000, for people who saved. According to the speakers, financial service providers tend to fund these programs out of marketing budgets rather than operational profits. It makes all kinds of sense to channel money directly into the pockets of first-time customers from the TV ad budget spent hawking big banks during Wheel of Fortune . A nicer kind of access Rivlin’s book says that check-cashing and payday lending outlets have expanded so much in the past few years that they now outnumber McDonald’s and Burger Kings combined. In spite of the poverty industry’s survival skills, as mentioned in a recent post by Rivlin, I believe that this trend will start reversing, fortunately. Here’s why. First, a very large percentage of the under-banked are connected and using the Internet several times a week. (Migrant workers not born in the US are the exception.) So creative minds can rapidly deploy new financial services at the very low costs made possible by not having to deploy physical outlets. Second, the government will mandate that federal benefits be distributed electronically by 2013, avoiding the need for recipients to cash paper checks at a significant cost. And even in the brick-and-mortar world, companies such as Mango Money are piloting new kinds of stores that are a lot more welcoming than check cashing parlors and less intimidating than bank branches. Innovation, innovation, innovation It’s the word I heard the most often at the conference. There were plenty of sessions showcasing new ideads in credit, savings and payments. While Twitter’s co-founder Jack Dorsey displayed showmanship with the ” Square ” credit card reader for iPhones and iPads, my pick for most intriguing initiative goes to GoalMine , a company intent on selling investments off of j-hooks at your nearest convenience store. When GoalMine deploys its service, people will be able to buy $50 worth of investment in a mutual fund as easily as they pick a $50 gift card today. Overall, the good news is that there are many of us who care about serving the un-banked, under-banked and ill-banked. While I did not hear the word “affordability” very often, competitive spirits seemed to be high and will bring more just pricing quickly.

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Tesla Motors IPO: Still Soaring

June 30, 2010

NEW YORK — Shares of Tesla Motors Inc. spiked Wednesday as investors continued bidding up the stock following the electric car maker’s blowout public offering. The excitement cooled late in the session, with shares paring their gains to end down slightly on the day. In its second day of trading, Tesla shares soared 27 percent by midday to peak at $30.42 before investors took profits off the table. The stock finished 6 cents lower at $23.83 – still 40 percent above its $17 IPO price. Tesla’s two-day run is impressive given the volatile stock market and the lackluster performance of some recent initial public offerings this year. But analysts said the gains are largely fueled by speculation about the company’s potential rather than its current performance. Tesla, based in Palo Alto, Calif., has not had a profitable quarter since it was founded in 2003 and has sold only about 1,000 of its high-end electric cars to date. “It’s like back in the Internet age, when people didn’t really know how big these companies could become and there was rush to speculate,” said Darren Fabric, managing director of IPOX Capital Management. Investors are banking on Tesla’s future as a player in the electric car market. The company currently sells just one vehicle, the $109,000 Roadster, popular among celebrities and performance-car enthusiasts. But by 2012 it plans to start selling a four-door luxury sedan, the Model S. That car is expected to cost $50,000 and have an annual production run of 20,000 cars a year. From there, Tesla hopes to roll out even more electric cars aimed at economy buyers. Tesla also enjoys some high-profile supporters. Underwriters behind its IPO included Goldman Sachs, JPMorgan, Deutsche Bank and Morgan Stanley. Its high-flying CEO, Elon Musk, has a history of successful startups, including PayPal and the rocket builder Space Exploration Technologies. Toyota Motor Corp. last month agreed to sell Tesla a shuttered plant in Fremont, Calif., and invest $50 million in the company. Tesla plans to use the plant to build the Model S. But if recent blockbuster IPOs are any indicator, Tesla’s tear might not last. Shares of another green-technology company, lithium-ion battery maker A123 Systems Inc., gained 50 percent in their market debut on September 2009. The stock peaked seven days later and now is down one-third from its offering price and 55 percent from its first-day close. A123′s batteries power hybrid and electric cars. Like Tesla, when it went public the company had never posted a net profit but had secured funding from the Department of Energy and had backing from big-name investors such as General Electric Co. But even A123 isn’t a perfect comparison, said David Menlow, who tracks IPOs at IPOfinancial, because A123 sells a product for which there is concrete demand. Tesla’s future, on the other hand, is even more speculative. “Having the battery production is not nearly as sexy as having a car company,” he said. “People bought into that idea … (Tesla) is a lifestyle change for people.” Tesla’s initial offering raised $226.1 million after selling 13.3 million shares priced at $17 apiece. Tesla had earlier expected to price just 11.1 million shares at $14 to $16 per share. ___ AP Business Writer Tali Arbel contributed to this report.

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David Isenberg: The GAO Transcripts, Part 5: Could the Military Trust the PSCs?

June 30, 2010

This is the fifth installment of the Government Accountability Office interview transcripts that were prepared pursuant to the July 2005 GAO report ” Rebuilding Iraq: Actions Needed To Improve Use of Private Security Providers .” Two points in particular are worth consideration. First private military and security contractor advocates frequently claim, that contractors stay on the job, regardless of how dangerous it is. And if they do quit, advocates say it is so rare as to be insignificant, as this 2009 interview with Doug Brooks, head of the PMC trade group IPOA, illustrates. IA-Forum: One of the concerns that I think about, for example, in running the supply line, is if the going gets too tough, what’s to stop the company from just quitting? Mr Brooks: [You are referring to the book] Betraying Our Troops? It’s about KBR and [it] talks about four or five incidents where KBR convoys refused to go because the risk was too high. …That’s over four years; it doesn’t happen that often. It does happen; I think it’s important that combatant commanders keep that in mind, that contractors can essentially quit or not do things that are too risky, that’s true. The flip side to that is that happens in the military as well. In the military, convoys on at least two occasions [in the current Iraq war] refused orders–which means you can be shot–refused orders because the risk was too high. …If in five years you have three or four times where individual convoys haven’t been made–that’s’ really nothing. But as the below transcript shows this was enough of a concern that the Joint Chiefs of Staff tasked the U.S. Central Command for additional information on the subject. Second, it was recognized early on by the military itself that the guidance it provided contractors was insufficient. Nearly six years this is about as surprising as saying the sun rises in the east but back then it was still a controversial assumption. On this point contractor advocates are right when they say that government did not have its act together when doing contracting on the battlefield. Of course, considering that even at this point there was a quite large body of field manuals, directives, rules and regulations for doing just that it says something rather disturbing about how useful they were when rubber met reality. Standard disclaimer: I have put in ( _____ ) to reflect those words of phrases which have been blacked out in the transcript. I have also put in the underlining as it appeared in the original transcript. As in the transcript, I have left out letters from various words, even when it seems obvious what the word is. GAO Interview Written By: Kate Walker Date Created: November 15, 2004 Job Code: 350544 Title: Interview with CENTCOM Purpose : To discuss CENTCOM policies addressing PSCs in CENTCOM’s AOR Date: November 9, 2004 Type: Face-to-face Location: CENTCOM, MacDill Air Base, Tampa, Florida Participants: __________________________________________________ __________________________________________________ ___________________________________________________ Steve Sternlieb, Assistant Director, GAO/DCM, (202) 512-2501, sternliebss@gao.gov Carole Coffey, Analyst-in-Charge, GAO/DCM, (202) 512-5876, coffeyc@gao.gov Kate Walker, Analyst, GAO, (202) 512-6193, walkerk@gao.gov We met with ____________ discuss policies and memorandums addressing private security contractors (PSCs) in CENTCOM’s AOR. WARNING ORDER ON CONTRACTOR SECURITY In June 2004, there was significant concern that a US contractor aiding the military in Iraq might withdraw its services due to security situation in Iraq. In response, the Joint Chiefs of Staff (JCS) sent out a request for information from CENTCOM. CENTCOM then issued a warning order (WARNORD) to Multinational Force-Iraq MNFI) . This WARNORD requested that the MNFI commanders provide an estimated list of contractors in Iraq, the potential risk to the reconstruction should contractors withdraw their services, and courses of actions to improve contractor security in Iraq . In July MNFI responded with a short document detailing their action plans for addressing the contractor concern. The JCS found this document to be insufficient and requested more information . CENTCOM then issued another WARNORD in August with a September due date. MNFI responded with a draft 46-page document on 20 September 2004. CENTCOM currently has Version 10 of the document. The MNFI response has not been finalized and is still sitting on the Commanding General’s desk. CENTCOM has currently halted work on the WARNORD and review of the MNFI document because because it is linked to the release of the Interagency Memorandum. The current MNFI response indicated that more information is needed about contractors in Iraq. INTERAGENCY MEMORANDUM In addition to the WARNORD, the Department of Defense (DOD) and the Department of State (DOS) is writing the Interagency Memorandum. The Interagency Memorandum directs organization-wide coordination and eliminates the need for the information collected in the WARNORD. The Memorandum is “not a new idea” and breaks down the stovepipes that many feel have been thwarting contractor coordination. The Memorandum was created in response to contractor concern about security and the need for a consistent set of rules for PSCs. The Memorandum also lays out the anticipated responsibilities of the military to contractors and other USG agencies. We asked ____________ there was a comprehensive list of guiding documents for contractors in accordance with 1.4 from the Interagency Memorandum. ____________ does not believe that a comprehensive list exists. He stated that a number of different documents currently address the military’s responsibility to contractors in Iraq, but a document that provides a comprehensive overview of the military’s relationship to PSCs does not exist. ____________ ggests that we speak with Staff Judge Advocate (SJA) for a robust list of such documents. The Interagency Memorandum has been held in suspense for a number of reasons. Currently, the priorities of the US military, the embassy, and the Interim Iraqi Government (IIG) are not aligned. Contractors including PSCs are not the main priority in Iraq right now. There is also some debate over whether the Iraqi Military Force (IMF) can participate in the memorandum. ____________believes that the Interagency Memorandum’s vision for a common operating picture would be in the best interest of the contractors; it would decrease costs and overhead and would increase security. The success of the Interagency Memorandum and the creation of a common operating picture are dependent upon the success of the Project and Contracting Office Operations Center (PCOC). The PCOC is vital for communication and coordination of contractors in Iraq; it is the only communication and coordination source for contractors in Iraq. ____________ as been working with a Joint staff counterpart, ____________ on the Interagency Memorandum. CURRENT CONTRACTOR SITUATION IN IRAQ Insurgency has continued to grow in Iraq since the spring of 2004. ____________ noted that the number of contractors in Iraq has increased greatly since the government transition and the number of contracts in Iraq is still growing. Currently, CENTCOM does not know the number of contractors in Iraq contractors are constantly in flux . CENTCOM does not have visibility to the subcontractor level. ____________ is unaware of anything below DOD regulations that instructs contractors about protocols for conduct, movement, and coordination with the military. ____________ believes that the main governing document for contractors in Iraq is the contract itself. ____________ asserted that the need for the DOD Directive (DODD), DOD Instruction (DODI) and the Interagency Memorandum are all examples of the lack of guidance provided to contractors in Iraq. These documents were created because contractors need more direction than that provided in their contracts. LEGAL ISSUES ____________ believes that the only way to legally require contractors to register would be to include it in their contracts and require contracting agencies to report this information. All current contracts for work in CENTCOM’s AOR would have to be rewritten to reflect this new policy. ____________ suggested that we speak with the SJA to learn more about the legal issues facing contractors in Iraq. MILITARY RESPONSIBILITIES ____________ believes that the only policy that outlines the military’s responsibility for contractors and US agencies in Iraq is the National Security Council (NSC) Operation Plan (OPLAN) . Annex K of the OPLAN outlines CENTCOM’s and DOS’s security responsibilities. The NSC OPLAN is a handshake security agreement between the DOS and the DOD that provides security guidelines inside and outside the Green Zone. The OPLAN delineates the pecking order for receiving aid. Under CENTCOM’s current commander’s mission for Iraq, it is a military mission to provide a “secure and stable environment.” This outlined mission in iraq does not, however, indictate that the military is to provide security for contractors and civil government agencies. ____________ said that as available the military does support but the spectrum of contractor support is wide. For example, at one end of the spectrum, there are those contractors that are working for USAID and the Army Corps of Engineers that do not have a direct connection to the US military and currently provide their own security. At the other end of the spectrum, there are those contractors providing logistics support for the military at base sites and are provided with security by the military. Somewhere in between these two extremes are the contractors inside Iraq that are supporting USG agencies who have little contact with the military and are not receiving security from the military. ____________ believes that the Interagency Memorandum seeks to formalize some of these relationships and provide a safety net for those contractors that are not directly working with the military. CONTRACTOR DATABASE Currently, there is no one organization that is maintaining a database of contractors working in Iraq. ____________ indicates that there has been some conflict over resources and who would manage the database. MOVEMENT CONTROL . Movement control is currently part of the PCOC fusion cell. According to ____________ this fusion cell is up and running. If contractors are capable of radio communication, they can call the PCOC and radio in their movement schedule. The Interagency Memorandum would further define the responsibility of the PCOC fusion cell. QUICK REACTION FORCE If contractors should need assistance, the military will send a quick reaction force (QRF) from whichever military unit can respond first. The military will send QRF aid if it has the assets available. It is the commander’s responsibility to decide whether he/she has enough personnel to respond. Operating procedures hold that contractors under attack should first contact the PCOC. The PCOC would then relay contractor needs through NMOC and the highlighted responsibility would be to the nearest military installment and could include IMF, MNFI, other PSC, or US military aid. INFORMATION SHARING ____________ indicated that the PCOC has been responsible for information sharing with contractors since the turnover in July. It is the prime contractor’s responsibility for ensuring that sub-contractors remain informed. COMMAND AND CONTROL ____________ does not believe that the military has direct legal authority over PSCs. For example, while the military can suggest that contractors not enter Fallujah, contractors are still legally allowed to enter the area at their own risk. ____________ believes that the only definite line of authority is that of the contractor over the subcontractor. The contracting officer is the closest link to the military for contractors. SUGGESTIONS FOR IMPROVEMENT • ____________ believes that communication between the military and private security contractors can be improved by standardizing communication methods and knowledge of communication links. It is vital that contractors have common radios and linkage with the PCOC.. ____________ holds that while much of the foundation for communication is in place, communication does not exist to the level necessary. • Standardization of contract language would help to alleviate some of the confusion over military responsibility and chain of command issues. ____________ believes that the Interagency Memorandum will address some of these issues.

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Donna Flagg: Progress in Corporate Ethics: Not So Much

June 30, 2010

It was a busy week last week on the corporate ethics front. First, the Supreme Court ruled in favor of Jeffrey Skilling, former CEO of Enron and Conrad Black, former Chief at Hollinger International, saying that certain convictions of theirs could be thrown out due to faulty instructions that were given to jurors. It’s not as though they will walk away as free men now because of it, but it is said that parole may be more within reach as a result. Second, we had the Dodd-Frank Bill take one step closer to President Obama’s signature which, in turn, brings Wall Street one step closer to having regulators sit on them in much the same way that babysitters watch irresponsible children who cannot be left unsupervised for fear of the damage they could do to themselves and others. Doesn’t that sound familiar? Sometimes I wonder if it wouldn’t be better to simply place Nanny Cams in their offices. But even back when Enron fell and the other ethics debacles followed, there were do-the- right -thing training courses, new governance departments, oversight committees and Chief Ethics Officers sprouting up everywhere. So what happened? In the end, did any of it really work? Is there, or can there really be, such a thing as changing the moral fibers of individuals via the rule of law, policy and procedure? It doesn’t appear to be so. That’s because integrity can’t be “written in” to organizational behavior, especially for companies who have unprincipled people working there to begin with. But still, we are mired in regulations because each new set of rules becomes necessary due to the people who found a way to get around the old set of rules that came before. Meanwhile, it goes on and on — a perpetual cycle of making rules for people to break, so we need to create more rules that they’ll eventually figure out how to break again. It’s crazy. Think of the resources that go into this nonsense. Well we don’t have to think, we can see. We are feeling it now. Now, I know (and believe) that controls are necessary, but bogging the rest of the world down with legislative hoops to protect it from the “loop-holers,” seems unjust (and stupid). If you’ve ever been audited, you know what I’m talking about. I’d like to think there is a better way, meaning that as a strategy, law enforcement is not the most constructive or productive way to manage ethics in the workforce. Let’s remember, penalties may or may not deter bad behavior, but they most certainly will affect the spirit of the company and perhaps more importantly, the sense of security among the conscientious majority. The only deterrent you really need is, “You’re fired.” Not cutting the cord when necessary is where I constantly see companies get themselves into trouble. They’re afraid — of what exactly, I don’t know. But as a result, businesses tiptoe around terminations when they shouldn’t. Dishonesty manifests inside a company and brings debilitating cost along with it, not only because of the potential legal ramifications, but because it adversely affects all of those people who want things to be done “right.” It is possible. Business behavior can be shaped around a set of principles that reflect organizational values. The best way is to identify, communicate, enforce and reward/sanction behavior on a regular and consistent basis to create a strong, sound and safe company from the ground up and inside-out. That is, before the ethics police come after you.

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Greg Brown: The Smart Grid: The Future is Now

June 30, 2010

This year’s hurricane and tornado seasons threaten to bring power outages and remind us once again of the challenges facing our current electric grid system. Thousands of people could be without power and will look for solutions to prevent similar disruptions in the future. While the short-term remedy may require firing up a home generator, the long-term solution is a smart grid. At Motorola, we are currently partnering with U.S. electric utilities to provide the wireless communications infrastructure to create a smarter grid. Smart grid communication infrastructure is basically the Internet for electricity transmission and distribution systems, with information technologies embedded throughout the system such as digital meters, remote sensors and data communications devices. Smart grid technologies provide energy producers and consumers with real-time information and better control of the electric grid, improving energy reliability, reducing energy costs and minimizing greenhouse gas emissions responsible for climate change. We can improve energy delivery and reliability. Power outages cost Americans more than $150 billion a year. That’s about $500 per person. Currently, most power companies do not have communications systems that reach their entire grid infrastructure and often don’t know there has been a power outage until a customer calls to report it. Advanced smart grid communication technologies will give power companies greatly enhanced capabilities to remotely monitor and control energy distribution systems to determine where the outage has occurred, which customers have been affected and how to re-route energy around problems. More importantly, with more frequent monitoring and diagnostics to enable effective preventative maintenance, the utility will be able to prevent an outage from occurring in the first place. We can reduce consumer energy costs. In-home smart metering devices – a component of a smarter grid – can help consumers save energy and money. Smart meters and in-home displays provide energy data to consumers, allowing them to monitor their consumption patterns and better manage their electricity use. Studies show that simply giving people access to and control of this information can result in energy savings of 5-15 percent. With better information, consumers can visibly see the economic benefit of turning down their air conditioning on hot summer days or switching off the lights when they leave a room. We can help fight climate change. It’s clear that human activity is warming our planet, and we must act to reduce our contribution to the problem. A smart grid will not only save energy costs and reduce our carbon footprints by reducing energy consumption but also it will make it easier to integrate energy from renewable sources onto the grid, two critical elements to reducing climate change-causing emissions. According to a report released by the Boston Consulting Group and GeSi, a smart grid in the U.S. could reduce emissions by as much as 7.5 percent by 2020 – nearly half of the reductions proposed by the U.S. Congress. To achieve these benefits, we need the right policies to incent the transition to a smarter grid. In February 2009, the U.S. Congress earmarked $4.5 billion for smart grid development in the stimulus bill and more incentives are included in the comprehensive energy and climate bill introduced last month in the Senate. In the meantime, the Federal Energy Regulatory Commission can begin revising regulations created for a century old electric system to make way for a 21st century smart grid. In addition to the right policies, a secure wireless data system to transmit energy information will be essential to protect the electrical grid. At Motorola, we have a proven history of providing secure and dependable voice radio systems for the military, police and fire departments and utilities. We will continue to partner with utility companies to bring the same level of quality and reliability they’ve experienced with our voice radio systems to their wireless data systems for a smarter grid. We can create a more reliable, less costly and environmentally responsible electricity system. The technology is available, the benefits are clear, and it’s time to take action.

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Video: BNP’s Fridson Says Economic Outlook Creating Uncertainty: Video

June 30, 2010

June 30 (Bloomberg) — Martin Fridson, a global credit strategist at BNP Paribas Asset Management, talks about investing in high-yield debt. Fridson speaks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Matthew Anderson: Coyotes and Bankers

June 30, 2010

Prior to 1960, you would be pushed to find Coyotes (Canis Latrans) that roamed east of the Mississippi. Wolves, one of the few predators of Coyotes, had done a relatively effective job of clearing that section of America of these wily beasts. Yet Coyotes have been known to mate with Wolves as well. Interestingly, Wolves will sometimes consent to mate with their adversaries but humans will wantonly destroy other humans for reasons far removed from the need for sustenance. Today, the “urban” Coyote is found in every state of the union. Today, the urban Coyote is faring better than it ever did in the wild. The American banking industry had suffered a similar fate as Coyotes. The predatory behavior of bankers had been held at bay since the Depression of 1929 due in great part to the Glass-Steagall Act. But much like Coyotes without effective “management,” the late 1990′s saw an erosion of protections against the excesses of rampant raw Capitalism. What began as the “bang” response of a society ravaged by rapacious Capitalist behavior, simmered to that “whimper” that over time morphed to today’s perceived modern business “birthright.” Today, bankers heartlessly assail the public from which they draw their life’s blood for the unrestrained behavior that banking institutions patently encouraged in the past. Thus the mortgaged borrower has been accosted most recently. Attacked for not exercising prudence in borrowing from banks and lenders who were set up to fleece that same borrower of his/her total net worth. Since 1971, there has been an all out assault on personal earnings and savings. And enforcement of the laws surrounding public protection from the ravenous beast of profit for profit’s sake has all but vanished. It first disappeared during the Reagan Administration, continuing later with Bush/Clinton/Bush. There can be no doubt that Republicans reviled Bill Clinton, not because of ideological differences, but indeed because he appropriated and placed into practice ideas of fiscal restraint stealing rabid right-wing ideological thunder. Coyotes are savvy and accomplished predators. They are calculating and attack targets that are sure kills most of the time. Coyotes will befriend another dog and play with it while leading it to an ambush. They can hunt alone but are best in groups adding effectiveness through the strength of numbers. They are Socialist/Communists. Deemed cunning by humans such behavior however translated to the human condition is often appreciated as cowardly. Coyotes have larger or smaller dens depending on the urban quality of their environment. They eat almost anything and will defend viciously their young. Bankers too, attack weak targets. They use the power of their profits to prey upon that segment of the public that is not positioned to effectively articulate its own interests — the poor and by default children and the ignorant. Default Swaps, Derivatives and all manner of uniquely termed Ponzi mechanisms comprise the banker’s tool chests and skill sets. But unlike Coyotes, bankers have a lobby capability dangling from their tool belts. This is akin to giving a five hundred pound Coyote a 44 Magnum and a helicopter. Coyotes however differ in one significant way. Coyotes do not prey on one another. Yes, they will jockey for territory, but they show no signs of knowingly and with malice aforethought devastating large portions of Coyote land and then hoarding the equivalent of millions of metric tons of carrion for their “future” investment. Coyotes are most active at dusk and dawn and will loudly share and broadcast their kill. Not so for bankers, here they slightly differ. Bankers deny almost everything that holds them responsible for anything. They keep their most nefarious activities secret and camouflage themselves in tired business attire so that they cannot be discerned in an urban crowd. Coyotes and bankers also share that ethics courses are not big on either group’s agenda. There is a myth shared by successful business mavens and impoverished Republicans alike. They believe that merely because one has been placed in a position to take advantage of economic forms of preference, that such a condition is tantamount to having “earned” that right and position and the associated capital thereby acquired. “Preferential treatment,” denounced by right-wing dogma for African-Americans and the others culturally “displaced” from the economic participation matrix, is in fact a given and matter of course for bankers and Wall Street manipulators. Bankers differ from their canine counterparts at the level of responsibility however. Coyotes display a true commitment to one another when acting as a group. The banking community to the public however, displays no such responsibility. Some might offer that banks are in no way committed thus to the public. But then, that is the problem — for banking should be a “service” provider and not a revenue producing “cash cow.” Coyotes are fully adult within two years and must cooperate to successfully survive. Bankers however can isolate themselves on college campuses (those who have ever even attended college) buoyed by friends sporting eighteen packs of beer, assured that there will come a time when with one telephone call, they will be able to buy their favorite brewery. This should not appear as such a surprising lack of ethos given the current business model in America. There has long been debate that Business Schools are nothing more than glorified “trade” training institutions. The long standing debate as to the lack of a consummate paradigm of Business Schools and the loose assortment of course offerings that differ greatly from institution to institution, is still unresolved though that gap may be slowly narrowing. And the “trade” quality of the secreted passing along of critical information versus a more meritocratic dissemination of information in these business arrangements does not help to quell concerns. Indeed, many “brokers” grandfather their ways to high “earnings” without anything more than passing a Series 7 or Series 9 examination. Two weeks of focus should do the trick given the person with adequate testing skills and a willingness to put aside immediate gratification for a fortnight. A nation’s legacy actually resides in the hands of individuals, many of whom today don’t know the difference between a Manet and a Matinee. In related fashion, British Petroleum hasn’t told us yet that the catastrophe off the Gulf may actually represent the beginning of the end of mankind and other life as we know it! We currently have convincing evidence that the oil now flowing in the Gulf is of the “abiotic” variety. It well may keep refilling and flowing indefinitely, despoiling all the oceans over time. We would do well to review the behavior of our Coyote brethren. Indeed, recently in the backcountry near my home, I saw a Coyote wearing a backpack sporting a bumper sticker that said, “Coexist.” That is when I knew for certain that the Coyote had never gone to Business School.

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Video: Grohowski Says U.S. Stock Market Is `Reasonably Valued’: Video

June 30, 2010

June 30 (Bloomberg) — Leo Grohowski, chief investment officer at BNY Mellon Wealth Management, talks about the outlook for the U.S. stock market. Grohowski also discusses the Europe sovereign debt issues and the U.S. labor market. PEAK6 Investments LP’s Jud Pyle also speaks. They speak with Carol Massar, Matt Miller, Julie Hyman and Dominic Chu on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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Charles Gasparino: Is the Financial Crisis Inquiry Commission Wimping Out on JP Morgan?

June 30, 2010

Of all the events that led up the great financial collapse of 2008, in my mind, one truly stands out: The decision by super-bank JP Morgan to demand billions of dollars in collateral from the troubled Lehman Brothers in mid-September of that year. The move, according to senior Wall Street executives, was akin to a death knell for the firm, which was just about on life support already. JP Morgan demanded some $8 billion, it said, for clients that traded with Lehman. It didn’t even matter that Lehman couldn’t make the full payment. Once word went out that JP Morgan was nervous about Lehman’s ability to survive, a bank run ensued. Lenders pulled lines of credit; Lehman couldn’t trade with its counter-parties. In less than a week, Lehman had declared bankruptcy and the entire financial system began to implode, and would have, were it not for a massive government-led bailout. You would think if you were investigating the root causes of the financial crisis and were ordered to prepare the definitive account of the collapse of Lehman (and the rest of Wall Street), investigating the circumstances behind JP Morgan’s collateral call would be high on your list, right? Well not if you’re Phil Angelides, the chairman of the Financial Crisis Inquiry Commission, the Congress-mandated body led by the former treasurer of California. The Commission’s website boasts a “nonpartisan mission to examine the causes of the financial crisis that has gripped the country and to report our findings to the Congress, the President, and the American people”; all of which makes it so irresponsible that the commission has no plans to seek testimony from senior officials at JP Morgan, including its CEO Jamie Dimon, about the now infamous collateral call that sent Lehman into oblivion, and nearly the rest of Wall Street as the markets crumbled during those dark days in the Fall of 2008. Instead, the commission has been busy, of late, beating up on everyone’s favorite financial collapse villain, Goldman Sachs. Angelides and his people made headlines a few weeks ago when they disclosed that Goldman at first didn’t want to turn over documents to his committee, and then when it did, it basically backed up the truck and dumped thousands of pages of notes, emails and whatever else the firm kept records of during the past 10 years right on its doorstep. Okay, that was a little bit of an exaggeration. But Angelides, according to senior people at Goldman, asked for a lot of stuff, and then asked Goldman to give his committee a road map on the most incriminating emails and records. Goldman kind of refused, and Angelides went public with that refusal. And that makes Goldman a bunch of crooks, at least in the eyes of the committee, which today is taking testimony from the firm’s No. 2, the famously testy Gary Cohn. Both Cohn and CEO Lloyd Blankfein built the modern Goldman Sachs, the firm that doesn’t think twice about selling “crappy” investments to its clients; the firm that made gazillions shorting the housing market when everyone else was still buying those crappy mortgage bonds; and the firm that received a backdoor bailout from the AIG bailout. Goldman –despite its spin to the press and public statement to the contrary– really was bailed out because when AIG received public assistance, the insurance policies held by Goldman to cover its toxic debt investments were now money goods. As a result, Goldman was reimbursed 100 cents on the dollar for those policies, known as credit default swaps, after the taxpayer bailout of AIG. All of this sounds like pretty sleazy stuff (Goldman has counter-arguments to each and every point I just made, which I won’t bore you with in this column), but it’s also ground that’s been covered time and time again; by the Angelides committee earlier in the year, but also by more than a handful of other investigative bodies not to mention just about every major news organization. I’m not exactly an apologist for Blankfein & Co. In fact, late last year when it became clear that despite the company’s spin, Goldman was indeed bailed after the AIG rescue, I called for Blankfein’s resignation in a column for the Huffington Post, which didn’t exactly endear me to my former employer, particularly when I went on air and said basically the same thing. Today, Blankfein is clearly in a more precarious state given the myriad of investigations swirling around the firm, the recent civil charges filed by the SEC accusing Goldman of civil securities fraud, and the non-stop bashing of the firm’s business practices under his watch by the press, Congress and now Angelides. My dad, a former Marine, would Goldman and its top executives “open wounds.” Unlike the great Jamie Dimon — the notoriously hot-headed King of Wall Street who has the ear of the president and takes no shit from anyone — the people who run Goldman are a beaten and bruised bunch, and given the media frenzy surrounding the firm, very easy to pick on. But then again what’s the point? And that’s my problem with the Angelides Commission–there really isn’t any point to it. The commission’s hearings are nearly universally boring and bereft of new information. Blankfein testified earlier in the year, but if he said anything interesting, I can’t remember. A couple of weeks ago, he called Jimmy Cayne, the former CEO of Bear Stearns, to testify about the firm’s 2008 implosion only to hear tell Cayne that there “does seem to me that there was an extraordinary level of risk taken” by his firm. Cayne’s response: “That was business.” Quick, stop the presses! Maybe the commission, which has to conclude its work and provide its findings to the president and Congress, by December, should just start over, and begin to ask questions that matter. The JP Morgan collateral call might not sound sexy, but it was important. People at JP Morgan say they were simply doing their jobs, and holding Lehman financially accountable for its poor investment decisions. But people at just about every other firm I know of say JP Morgan was being heavy handed; it didn’t need to turn the screws when it did, and only did so because Lehman wasn’t just a creditor who owed the bank money, but also a competitor, which vied for business with JP Morgan in the markets. (JP Morgan made a similar collateral call at that time on Merrill, also leading to that firm’s forced sale to Bank of America.) It’s one of the many downsides of the dissolution of the Glass-Steagall law, which once separated investment banking from commercial banking. Once the financial supermarkets were created, firms like Citigroup and JP Morgan could squeeze competitors like Bear Stearns and Lehman by refusing to lend them money. I met Phil Angelides once, and he seems like a smart guy, but a little too nice, and kind of a wimp, which is why I will wager a nice meal anywhere in New York, that there’s a greater chance of Jimmy Cayne making a comeback on Wall Street, than Angelides’ commission forcing Jamie Dimon to testify about the Lehman collateral call.

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California Water Service Group Announces Election of Dr. Thomas M. Krummel to Board of Directors

June 30, 2010

SAN JOSE, CA–(Marketwire – June 30, 2010) –  Today California Water Service Group ( NYSE : CWT ) announced the election of Thomas M. Krummel, M.D., 58, to the company’s Board of Directors, effective July 1, 2010.

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SunSi Appoints Chen Changming as Chief Representative of SunSi in China

June 30, 2010

NEW YORK, NY–(Marketwire – June 30, 2010) –  SunSi Energies Inc. ( OTCBB : SSIE ), a US-based company exclusively focused on the production and distribution of trichlorosilane (TCS), a key component used in the vast majority of solar panels worldwide; announced today the appointment of Chen Changming as Chief Representative of SunSi Energies Hong Kong for China.

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Robert E. Litan: Entrepreneurial Stimulus Package Can Help U.S. Jobs Shortfall

June 30, 2010

With little taste for new spending programs, America has another option for creating jobs. It’s called entrepreneurship, and polices that promote it can be a low-cost stimulus package that sparks innovation and creates tens of thousands of jobs. The core idea is to build an army of entrepreneurs – the people who take new ideas and move them from the garage (or the lab) to the marketplace as part of businesses that create jobs. Our studies at the Kauffman Foundation show that over the last three decades new businesses five years of age or younger have been responsible for virtually all of our economy’s net new jobs. If our national mantra is “jobs, jobs, jobs,” entrepreneurs are the ones who historically have delivered with a disproportionate share of the disruptive innovations that really drive growth. The automobile, the airplane, the computer revolutions were brought to market by startups, not established firms. Our entrepreneurial stimulus package can begin by leveraging money we already spend, including $90 billion in federal research funding that goes to U.S. universities every year. These schools do outstanding work in training minds to explore new ideas and expand human knowledge. To create jobs for their grads, we also need universities to earn A+ grades for promoting entrepreneurship by helping faculty and students maximize the commercial success of their best ideas. Some say universities’ role is pure research, not its application. But universities aren’t monasteries. If they accept taxpayer dollars for research, it’s fair to expect the findings to be applied to real world needs in return – and commercialization that scales ideas for mass benefit is the most powerful way to get that done. Here are three ideas for getting the most from university-based research: Invigorate the grant allocation process to ensure a sufficient share goes to younger researchers who are more likely to challenge old paradigms as they hunt for true breakthroughs. New federal rules could counter the tendency of existing peer review to direct most funds to the most senior members in the academic club room. Open the intellectual licensing process to market forces by giving researchers the final word on licensing their own discoveries and exploring new licensing concepts. The centralized licensing office that prevails on most campuses tends to stifle the boldness and experimentation at the heart of marketing success. Build a new academic tradition of entrepreneurial education and coaching to help innovators maximize the commercial potential of their ideas and launch business ventures that create and support jobs. An entrepreneurial stimulus package also should include amended laws that open our country to entrepreneurial immigrants with the zeal to bring new innovation and growth to America. Studies show that immigrants account for a disproportionate share of successful high-tech startups, new enterprises generally, and patents. Yet, our immigration laws tend to drive them out when we should be pulling them in. Isn’t it backwards to open our campuses and nurture the brightest young minds from abroad, only to cast them away just as they offer the fruits of that education in return? That’s like planting vineyards only to uproot them when harvest time arrives. Instead of shutting the door, what about revised rules that attach a green card to U.S. college diplomas handed to foreign students or make available a “jobs creator visa” for immigrants who start new businesses, invest in startups, and create jobs for Americans? In political debate, some suggest that immigrants take jobs that Americans can do. But immigration rules that attract the entrepreneurial subset from abroad will create far more jobs than they displace. If just one in ten of foreign students and the highly skilled individuals who now aspire for H1-B visas launch a U.S. business and hire a worker, our economy gains 100,000 new jobs. And, based on our research at the Kauffman Foundation, one of ten is a conservative goal. This type of targeted immigration reform is really a jobs program for Americans – and one that doesn’t require new spending. Entrepreneurial stimulus won’t fix the economy by itself or bring back all 8 million jobs that we’ve lost. Other policy adjustments may well be required. But new ideas, innovation, and the businesses that commercialize them are surely part of the answer. It takes entrepreneurs to make that happen, and America should embrace the policies to assist them.

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John R. Talbott: The Failure of Financial Reform, Itemized

June 30, 2010

It is really quite incredible that of all the things that went wrong to cause the latest economic crisis, the new financial reform bill does almost nothing with regards to the following key issues. Here are the original problems and the actions being taken. 1. Bank leverage: Very little done in new bill, still can do things off balance sheet (what is the business purpose of doing things off balance sheet except to deceive?), still using risk measurements based on historical volatility of assets, VAR, which can easily be gamed by managements rather than strict capital requirements based on actual ratios to real equity book capital. Needs to get from 35 to one before crisis to proposed 20 to one under this legislation, but really should be below 8 to one. Larry Kotlikoff of Boston University suggests one to one is the right ratio and calls the concept Limited Purpose Banking (LPB). Without bank leverage, it is hard to imagine how a small regional economic downturn in say, Houston oil markets or Silicon Valley’s semiconductor industry could ever spread contagiously nationally or internationally, thus stopping most recessions and depressions before they start. 2- Interest rates too low: Even lower today. 3- Lobbying and money in politics: Even worse today having been blessed by Supreme Court that corporations can fund campaign advertising directly and financial firms have stepped up with big donations and lobbying effort to stymie the reform bill itself. 4- Too much debt everywhere: Now, more, especially on local and federal governments including Europe and Japan and global banks. Banks slow to deleverage and consumers are not spending substantially less and saving more, they are just defaulting on their debts to lessen their debt loads. 5- Depositor insurance: Disguised as a benefit to depositors, it is actually a windfall to lower funding costs of banks and encourages stupid behavior by them because of the moral hazard with regard to riskiness of assets held, businesses entered and leverage undertaken. Increased permanently from $100K to $250K per account since crisis. 6- Bank consumer fees: Much higher now. Consumers and taxpayers are basically paying for a problem they had nothing to do with in creating. This was solely a banking and government problem. To blame homebuyers for accepting a no money down, 100% home loan at 2% per year to buy a home they never in their wildest dreams thought they could afford ignores the mistakes the banks made in offering these terms. Once you offer someone 100% financing, it is no longer his problem, it is yours. Individual home owners did not buy these properties, they were actually owned by the banks and their investors who put up all the money. 7- Predatory lending: Still active. Listen to the pitch for reverse mortgages to our seniors on television and try to explain how they actually work or try to calculate how much profit spread the banks have built into those transactions for themselves, then imagine having a touch of Alzheimer’s and doing it correctly. 8- Global investor diversification: No change, investors encouraged to hold thousands of assets around the world through mutual funds, index funds or well diversified institutional funds making supervision of managements impossible and encouraging the hiring of too many financial intermediaries and consultants as supposed experts. 9- Credit Default Swap (CDS) market: Was the prime reason everyone was too interconnected to fail as one domino sent them all crashing. Nothing new to report as they either need to be shut down or regulated like insurance companies because that is what they are. Should be shut down because they create too much systemic counterparty risk that can crash the entire system, but at a minimum, you should not be able to buy CDS’s naked, only as a hedge against a similar asset. It makes no sense to buy a company or its debt, buy CDS default insurance equal in value to a hundred times what you paid for the company, and then drive the company into bankruptcy, regardless of its financial health. This is the equivalent of buying fire insurance on your neighbor’s home and then lighting the arson yourself. 10- Criminal behavior: Banksters, realtors, appraisers, mortgage brokers, investment bankers all broke the law with their fraudulent and criminal and conspiratorial acts and many private and public funds failed to perform their fiduciary duties or required investment due diligence. The scale of the criminal enterprise is vast crossing many industries and country borders and the damages incalculable as globally we have lost over 50 million jobs, 20 million have lost their homes, $20 trillion of savings has been permanently lost to investors and more than 100 million people have been thrown back into the destitution and poverty of earning less than$2 a day. No arrests, no yellow crime scene tape around Goldman’s new office building, no seizing of computers and emails and phone records of the suspected banksters and their lawyers and accountants. Certainly, many congressmen should be imprisoned for taking bribes disguised as campaign donations that encouraged them to remove or ignore important financial oversight regulations, but since they write the laws I doubt this will ever happen. 11- Board control: Still dominated by CEO and company insiders and their friends as opposed to being controlled by shareholders directly. Get the CEO and other corporate executives completely out of the boardroom which should be run exclusively by genuine shareholder representatives. 12- Securitization: Little changed, talk of issuer having to hold 5% of securities issued, but this is still subject to how final regulation is written. Securitization market is dead until they straighten out the rigged ratings game and re-instill investors trust in banks and investment banks who purposely packaged the worst trash they had on their books, gift wrapped it as a CDO and laid it off on many of their biggest and best clients. 13- Ratings agencies: Reform ignored fundamental problem with issuers paying for ratings rather than investors. 14- Fannie Mae and Freddie Mac: So far, no change, their restructuring was not included in this bill, they are still making loans of which many are going to turn out bad as they are one of only a few institutions lending into areas that are experiencing steep price declines currently and the best predictor of future default is home price declines in a region. 15- Too many financial middlemen: Because of overemphasis on diversification, investors, both individual and institutional, hold such far flung and complex investments that they become overly dependent on a long list of financial advisors and consultants and managers. At best these advisors have different motivations than the primary investor, don’t care as much about protecting against losses since it isn’t their money, and increases the risk of fraudulent and criminal behavior somewhere in the long and complex investment food chain. 16- Who regulates?: Very little change, same guys in congress and at the Fed, Treasury and the FDIC who got us into this mess. 17- To big to fail (TBTF): Has gotten worse as the size and power of the biggest banks has increased dramatically. 18- Bank market concentration and monopoly power: Has become more concentrated. 19- Adjustable Rate Mortgages (ARM’s): Probably the biggest single cause of increased defaults as mortgage payments could jump as much as 50%, little to no change from bill. 20- Teaser rates: Still legal. Still a joke. 21- Low down payments required: Ads on radio still promoting the idea. 22- Personal bankruptcy law: Nothing done, judge needs authority to be able to adjust mortgage balance. 23- Regulating long maturity asset industries: Bank and insurance companies are long maturity asset and liability games with no short term implications to managements or their compensation from losses occurring long into the future. Needs special regulation of these markets but little has been done to address the problem. 24- Regulatory capture: The same, revolving door, industry groups and big money in politics writing our legislation and regulations, or in some cases, erasing them. 25- Managing risk: Need to separate principal investing, trading, investment banking and other risky activities within deposit taking commercial banks. No return to Glass Steagall or prohibition on these activities in the bill with the exception that foreign exchange, gold and silver trading will have to be done in a separate subsidiary or could be banned completely by banks. 26- Bankruptcy proceedings for banks and corporations: Plan addressed for FDIC banks to liquidate quickly if overseas subsidiaries do not create a problem, which they will, but still have to create an accelerated process for all corporations so debtors as well as stockholders can take a hit to their poorly invested debt capital rather than bailing all creditors out at par. 27- Hedge funds: Still no investigation of their role as counter-party and enabler to a lot of bank and derivative nonsense, still no bill to tax their managers at ordinary rates rather than capital gain rates. 28- Management incentives: Still not complete, no one has asked why if bank executives were given long vesting stock options before, why weren’t the managers thinking long term and thus be better aligned with shareholder perspective. Not just a question of when executive receives bonus, must also have skin in the game. All stock and options can’t be free or executives have no downside to worry about and act like pure upside option holders. 29- Complexity of mortgage and investment banking products: Banks introduced complexity to products on purpose to confuse investors, to reduce competition and increase profit spreads. This ends up reducing liquidity. Very little of the real problem has been addressed. 30- Bad bank loans: Most still on banks’ books and losses have not been realized. TARP was supposed to be used for this, but then Paulson decided not to. Fed trying desperate measures to hide bank problems on its balance sheet and eventually transfer the bad loans to Fannie and Freddie where they will never be seen again but taxpayer will pay for losses. 31- Government stimulus: Saved or created zero new or imaginary jobs, just an excuse to keep public employees fully employed. If state, local and federal governments hire and promote their workers during good times, but won’t lay them off during bad times, how do we ever make government smaller and more efficient. Simple math tells you that under this formulation, eventually, everyone will be working for the government, I don’t know how we will be able to pay our tax bill however. 32- Severity of new bank regulations: The stocks of the big banks went up on news that this financial reform package was going to pass. What does that tell you? 33- Bank executive compensation: The same, if not worse as the bonuses are just as big, but now there are losses at the banks rather than profits and much of this bonus pool money is coming directly from US taxpayer. 34- Undervalued Chinese currency: Extremely slow progress. 35- Globalization: Created vast inequality as American workers were forced to compete with workers from $1 an hour wage countries. Raghuram Rajan argues that inequality contributed to the financial crisis by encouraging our government (through Fannie and Freddie) to promote home ownership aggressively to make up for lost wages and benefits of the American worker. Globalization allowed US companies to avoid taxation and regulation (environmental, banking, disclosure, workplace rules, union rules, product safety, etc.) and geographic horizons of institutional and individual investors were stretched so far as to make investment analysis and supervision of management teams completely unmanageable. 36- Bank transparency: Probably worse given their derivative positions, their off-balance sheet shenanigans continue, and the fact that all the new regulation and bank mergers means lots of restatements and footnotes and asterisks and fine print in the financial reports. 37- Externality costs and collective action problems: Very little progress, still don’t know how you manage your risks and maintain market share when you as a banker are offering conventional 30 year fixed rate mortgages with a required 20% down payment to your customers and a new bank competitor opens across the street from you offering interest only, pay only if you feel like it, never repay the principal, zero down, zero closing costs, no income, no job, no problem, 2% teaser rate for five years, no prepayment penalty, no closing costs, feel free to take as much money out to buy that new car you always wanted, adjustable rate mortgages. Until long maturity industries like banking and insurance figure out this collective action problem and how to control it, they are doomed to these same crises in the future, The free market alone cannot address this unique type of problem where the dumbest makes the most and gains the most customers with losses postponed for decades. 38- Federal Reserve independence: We get a one-time partial audit and presidents of local boards no longer appointed by banks, but entire Fed continues to be dominated and controlled by banks and does their bidding rather than the people’s. 39- Response times to crises: Our understanding of how to respond quickly and effectively to systemic financial crises hasn’t improved. Not much learned, but we will get another chance real soon. Just look at the length of problems in this list and ask how many we really understand or believe we have solved for the future. 40- Underwater mortgage holders: No real help. Very few mortgage modifications. No mark downs of mortgage amounts. 25% of mortgages now underwater nationally where the mortgage balance is greater than the current home value and possibly as much as 50% of mortgages in California are already underwater. 41- Social Security (SS) and Medicare Impacts: Debt investor concerns on looming SS and Medicare blowup and potential insolvencies affects viability of entire financial system and the dollar. Not addressed by congress although it could be a $50 trillion problem that is a big enough number to cause the US to default on some obligations in the not too distant future. 42- The media: Corporate owned media dependent on corporate sponsored ads heavily biased on bullish buy side of market, always – Nothing’s changed. CNBC never saw a stock they didn’t like. 43- Insider trading and market manipulation: Policing and enforcement, especially at hedge funds, nothing to report. 44- Public reporting and transparency of publicly traded corporations: Derivative positions of $600 trillion notional amount make reading and analyzing an annual report almost meaningless as it is impossible to know the company’s exposure to risky events and assets. 45- Overnight repo market: Nothing done to prevent funding of banks and investment banks with many long term obligations with overnight borrowings. Could mean the start of another possible run on the banks from their overnight lenders similar to what happened in this crisis. 46- Corruption in government: Two party system encourages collusion when investigating ethical and legal oversights, money in politics distorts all votes, and gerrymandering election districts assures us that the Democrats and Republicans that survive their primaries will be so far to the right or left as to make cooperation and governance in Washington nearly impossible. Much of this crisis could have been avoided with more effective government supervision as market economies are poorly prepared to manage systemic risk, collective action problems, externalities and ethical questions a bank corporate charter has no opinion on. Corporations were created to make profits, governments were created to solve problems that markets have difficulty understanding. We are quickly becoming a banana republic where government and the media act as paid employees of oligarchs and big banks and corporations. We invented government and the corporate form, they are virtual entities, they exist only in documents in DC and in lawyer offices’ filing cabinets, and yet now we find ourselves controlled by them, a true Frankenstein horror. 47- Global banking system: In worse shape now given that Europe has sovereign debt crisis to deal with. Just like the AAA layers of Collateralized Debt Obligations (CDO’s) that European banks bought during the mortgage crisis and now are experiencing default rates of 93%, now we have trillions more of what were supposed to be AAA sovereign credits being held by the same European banks but represent countries with 14% government budget deficits (Greece), 20% unemployment (Spain), countries with banks that are eight times bigger than their entire GDP (Ireland) and whose populations are aging and retiring so rapidly they will not see big real GDP growth for generations. These countries, and many others in Europe, will certainly be downgraded significantly in the near future and outright government defaults are not out of the question. The problem is exasperated by the fact that Value at Risk (VAR) accounting allowed these European banks to hold AAA assets like CDO’s and sovereign debt with almost infinite leverage so they have very little equity standing behind these loans which means once again that the taxpayers throughout all the countries of Europe, and the US, will be picking up the tab when these countries do default or restructure their debt. John R. Talbott is the bestselling author of eight books on economics and politics that have accurately detailed and predicted the causes and devastating effects of this entire financial crisis including, in 2003, The Coming Crash in the Housing Market . He is currently working on a new book that will be published in September 2010 entitled, The $200 Trillion Crisis . It will be published electronically and will be available for pre-order on Kindle and iPad starting in August 2010.

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SEC Settles With Fired Lawyer Who Accused Agency Of Blocking Hedge Fund Investigation

June 30, 2010

WASHINGTON — The Securities and Exchange Commission is paying $755,000 to settle a lawsuit with a former staff lawyer who accused the agency of blocking his investigation of a prominent hedge fund. The SEC settlement of Gary Aguirre’s wrongful termination claim resolved a long-running controversy that prompted scrutiny in Congress and by the SEC inspector general. The settlement was announced Tuesday by the Government Accountability Project. Aguirre was fired by the SEC in September 2005. He went public in 2006 with allegations of interference by SEC officials in the probe of Pequot Capital Management and improper deference to a Wall Street executive whom Aguirre wanted to interview. That prompted an investigation by Republican staff of the Senate Judiciary and Finance Committees. The SEC initially took no enforcement action in the case, which was started in 2004 and closed in 2006. The agency reopened it in January 2009 after documents emerged in a divorce proceeding showing that Pequot began paying $2.1 million to a key witness in the case in mid-2007. Last month, Pequot and its founder and chairman, Arthur Samberg, agreed to pay a total of $28 million to settle the SEC’s charges of insider trading of Microsoft Corp. shares. The SEC alleged that the hedge fund traded Microsoft shares on confidential information provided by a former employee of the technology giant whom it later hired. Pequot, whose core hedge fund was liquidated last year, and Samberg, a well-known money manager and philanthropist, neither admitted nor denied wrongdoing. The $755,000 being paid to Aguirre represents his salary for four years and 10 months plus his attorneys’ fees, according to the Government Accountability Project, a group that works with whistleblowers. The group said it may be the largest settlement of its kind. Under terms of the settlement, which was approved by a judge at the federal Merit Systems Protection Board, Aguirre agreed to drop two related cases against the SEC. SEC spokesman John Nester said the settlement “resolves all outstanding litigation between the parties and reflects the agency’s determination to focus on its core mission of protecting investors.” Aguirre, in a statement, said “I think it’s fair to the public that the SEC pays for my work over the past four years and 10 months, since it generated $28 million to the U.S. Treasury. But it’s a shame the team I worked with at the SEC did not get to complete the Pequot investigation. The filing of the case in 2005 or 2006, before the financial crisis, would have been exactly what the Wall Street elite needed to hear at the perfect moment: the SEC goes after big fish too.” In August 2007, the Republican staff of the two Senate committees published a scathing report criticizing the SEC’s decision to fire Aguirre and close the first Pequot investigation. Sens. Charles Grassley, R-Iowa, and Arlen Specter of Pennsylvania, then a Republican, spoke critically on the Senate floor that year about the SEC’s handling of the Pequot investigation. The SEC inspector general, David Kotz, in a report issued in late 2008, found there were “serious questions” about the impartiality and fairness of the agency’s probe of Pequot. “The settlement with Mr. Aguirre shows that the SEC is finally acknowledging its mistake,” Specter said in a statement Tuesday.

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Video: Ely Sees `Good Chance’ of Financial Bill Not Passing: Video

June 30, 2010

June 30 (Bloomberg) — Bert Ely, chief executive officer of bank consulting firm Ely & Co., and Bloomberg contributing editor William Cohan, talk about legislation to overhaul U.S. financial regulation. They speak with Carol Massar and Matt Miller on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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theGrio: BP’s New, Black Gulf Representative Talks Damage Control

June 30, 2010

Darryl Willis has recently emerged as the public face of BP. He is the VP of Resources for BP America and in charge of handling the legion of damage claims pouring into the oil company. This became glaringly apparent when a solemn, studious, and very sincere appearing Willis stared into a camera and declared that “I’ll be here in the Gulf for as long as it takes to get it right.” This is precisely what many believe BP’s gaffe-prone, CEO Tony Hayward couldn’t do. The ensuing commercial has become ubiquitous on television with Willis trying to assure that though BP can’t wipe away its horror of the past two months , it’s doing everything to make amends and that includes shelling out tens of millions to those hurt by the spill . A native of New Orleans, a geophysicist by profession, 20 years as a middle ranking BP executive, and lacking a British accent, Willis seems the ideal person to lead BP’s new PR offensive. But can he work miracles for BP and make things right in the Gulf? Is Willis’s rise to the top a cynical, play of the race card by a company that’s been hammered for its environmental and economic destruction , ineptness, public insensitivity, and dodges and evasions ? The skepticism about Willis and his actual role in BP damage control is a legitimate point of debate, and derision, by some African-Americans. But Willis makes clear that he’s no smiling face front man for the company and ticks off facts to back up the claim that he and BP will do what it takes to as he repeatedly told me “to make it right.” Willis tells much more in this theGrio exclusive. You be the judge. theGrio: What is the attitude of African-American fishermen, hotel and restaurant workers and owners in the Gulf that have been affected by the spill toward BP? Darryl Willis: I was at a town hall in Port Sulphur, a town north of Venice, Louisiana. It was a heated town hall. The participants were mostly African-American. They were concerned about being included in the settlement and the claims process. They also expressed concern about getting back to work, getting their boats back in the water. It was an opportunity for me to connect with the folks in the Gulf affected by the spill. It was an opportunity for me to make sure that we’re tapping into communities in a positive way. The key thing that we have to do is to keep listening to people. But there is frustration on the part of many African-Americans. Is there a sense among African-Americans in the region that they’re being excluded from the settlement and claims process? I don’t get that sense. However, African-Americans do want to be more visible in the process. But African-American claimants are walking into the claims centers with their documentation and leaving with payments for the damages. That gives me a sense of ease. But we want to engage local persons and businesses in the clean-up , repair process. How deeply affected were African-Americans by the spill? It has had a deep effect on those involved in the oyster, shrimp, and crab and the fisheries. The fact that they can’t get out on the water and make a living is where the frustration comes in. They thank BP for the checks. But they still want to get back to work and make a living. The best thing they say for us is to clean up the spill so we can get back out on the water. Have you been personally involved in the escrow fund set up negotiations? And how does it actually work? My talks have been with Kenneth Feinberg, President Obama’s appointed Oil Fund overseer. We’ve talked about distributing the payments . We’ve talked about how to make the process more efficient, speedy and transparent to local individuals and business claimants as well as transparent to local, state and federal agencies. We’ve talked about how to make the way we act with the community more consistent across the Gulf Coast. Ken said this is the first time that he’s gotten involved in a claims process that’s up and running. We’ve opened up 45 offices, written 40,000 checks, and paid out $130 million in claims. It takes 4 days on average for a claimant to get a check. For businesses, it’s taken 8 days. There’s still much skepticism about BP’s intentions and efforts? The proof is in the pudding. Since June 1 we’ve paid out $90 million in claims. Anyone who doesn’t believe that we’re trying to assist those that have been damaged by the spill we invite them to look at the data. When I got involved we had 7 adjusters. We now have more than 1000 adjusters, 170 phone answerers, and it takes six seconds to answer a call. We’re not perfect. But we’re trying hard to meet the needs of the people of the region. And we’re not afraid to write big checks . Is there a timetable for completing the claims and settlement process? There’s no timetable. As long as the oil spills there will be claims and we’ll pay them. How closely is the Obama administration monitoring the BP settlement and claims process? It’s being handled independent of BP and the government. We make daily reports to the Coast Guard on how many checks have been written, claims filed, phone calls received, and the average time for the pay-outs . You’ve emerged as the new face of BP. Who is Darryl Willis? I’m from New Orleans. I went to college and graduate school there. I went to work for BP 20 years ago as a geophysicist. When I was asked to play a part in the process I was determined to assert myself in how it was handled. I understand the pain and frustration of the spill and how it’s going to impact the folks in the Gulf Coast. I wanted to see that it would not be encumbered by bureaucratic red tape and as straightforward as one can make it to insure we got the money in their hands. This was personal to me. BP has been criticized for being evasive, denying media access, and not transparent. Will you change that? I will talk with anyone about how we’re trying to pay the claims and fix the problem. We at BP realize that this is an unprecedented spill, and we’re trying to get lots of things right, and we’ve also gotten some things wrong. If we don’t fix the problem and get all the things that we need to get right then we need to be held accountable. Everyone I know is determined to get it right.

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AIG’s Former Derivatives Chief Claims He Could Have Gotten Better Deal For Taxpayers Than New York Fed

June 30, 2010

AIG’s former derivatives chief said Wednesday that taxpayers overpaid Wall Street for their AIG-related holdings, telling a federal investigative panel that he could have gotten “a much better deal” than the Federal Reserve Bank of New York. Joseph Cassano, the chief executive of AIG Financial Products from 2002 to 2008, told the Financial Crisis Inquiry Commission that the New York Fed’s rapid move to settle claims by counterparties to AIG’s derivatives deals at 100 cents on the dollar “made me scratch my head.” “We had contractual rights,” Cassano said, explaining that the once AAA-rated insurer could have fought Wall Street counterparties like Goldman Sachs, which were using their contracts to exact concessions. “I don’t understand why people didn’t look at the contracts,” Cassano said. “I don’t think taxpayers would have had to accelerate a $40 billion payment” to settle those claims. The New York Fed, then led by current Treasury Secretary Timothy Geithner, quickly moved to pay AIG’s counterparties full value for the securities underlying the insurance-like contracts AIG had underwritten, paying out more than $40 billion. Wall Street and foreign firms ended up receiving and keeping more than $62 billion in what many in Congress have called a “backdoor bailout.” “I would have been able to negotiate substantial discounts,” Cassano said, noting his own experience in exacting concessions from AIG’s counterparties during his time atop the firm’s derivatives unit. Asked if he would have been able to settle those contracts without any taxpayer cash — had he not left in early 2008 — Cassano said, “I don’t want to say any money, but I think I would have been able to negotiate a much better deal than what the taxpayer got.” Andrew Williams, a Treasury Department spokesman for Geithner who also served him during his time atop the New York Fed, dismissed Cassano’s claims. “Two years after the financial conflagration began, every amateur firefighter has a theory about how it might have been done differently, but ideas from those who lit the kindling aren’t particularly disinterested or useful,” Williams wrote in an e-mail. “Cassano did acknowledge that Treasury and the taxpayers (and not AIG) now stand to benefit from the significant upside in the ML III portfolios — even if he disagreed with the decision to take those assets out of AIG’s hands,” Williams added, referencing the New York Fed-created investment vehicle that purchased the underlying securities from AIG’s counterparties at full value and continues to manage those investments today. Officials from Treasury and the New York Fed claim taxpayers will be made whole on the AIG bailout, and may even turn a profit. Market participants and independent analysts strongly dispute that claim. Cassano, though, said Wednesday that he believes those assets “will perform over the test of time.” “If I was able to stay as chief negotiator of the collateral calls of these transactions, I would have used all of the rights and remedies available to us,” Cassano told the investigative panel. “And in that process I think we would not have had to forward the $40 billion the government did at that time, and I would have been able to negotiate deep discounts from counterparties.” READ the FCIC’s timeline of Goldman Sachs’s calls for more collateral from AIG: AIG-Goldman Sachs Timeline

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Kuntz Named Senior Vice President of Sales and Service at TopLine Federal Credit Union

June 30, 2010

MAPLE GROVE, MN–(Marketwire – June 30, 2010) –  Kevin Kuntz has joined TopLine Federal Credit Union as Senior Vice President of Sales and Service. In his new role, Kuntz is a member of TopLine’s senior management team and oversees all aspects of our retail branching.

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Robert Siciliano: Companies Combine Efforts to Secure Data on USBs

June 30, 2010

Kingston Digital, Inc., the Flash memory affiliate of Kingston Technology Company, Inc., the independent world leader in memory products, today announced that it will partner with security company BlockMaster and provide greater availability of centrally managed USB drives, which makes it easier to protect information on-the-move. BlockMaster® is well known for its USB security solutions, including the centralized USB management software, SafeConsole®, which offers organizations the ability to remotely manage USB drives by resetting passwords, configuring password policy and activating audit for compliance procedures. With this partnership, Kingston will be offering its customers a centrally manageable version of its DataTraveler Vault – Privacy Edition utilizing BlockMaster’s technology to provide complete control over USB drives. A survey of London and New York City taxi companies last year revealed that more than 12,500 devices, such as laptops, iPods and memory sticks, are forgotten in taxis every six months; portable devices that may have troves of sensitive data. Computerworld reports that a 2007 survey by Ponemon of 893 individuals who work in corporate IT showed that: “USB memory sticks are often used to copy confidential or sensitive business information and transfer the data to another computer that is not part of the company’s network or enterprise system. The survey showed 51% of respondents said they use USB sticks to store sensitive data, 57% believe others within their organization routinely do it and 87% said their company has policies against it.” I checked out BlockMaster SafeStick ® 4.0 – a fast and user-friendly secure USB flash drive, which streamlines military-grade security and meets those standards to protect your data. The SafeStick hardware controller encrypts all data using AES256-bit encryption in CBC-mode. Encryption keys are generated on board at user setup, and all communications are encrypted. SafeStick is protected against autorun malware, and onboard active anti-malware is available. Once unlocked, SafeStick is as simple to use as a standard USB flash drive. Flash drives can be a security mess. Organizations need to have policies in place requiring secure flash drives and never plugging a stray cat into the network. Disclosures: I have no financial ties to BlockMaster. I just like this thing. Robert Siciliano Identity Theft Expert discussing good ole fashion identity theft on Good Morning America.

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Video: Aiken Sees Google Allowing China to `Push’ Them Out: Video

June 30, 2010

June 30 (Bloomberg) — John Aiken, an analyst at Majestic Research LLC, talks about the outlook for Google Inc. keeping its Internet license in China. Google said some Web search features have been partially blocked in China as the company awaits a decision from the country’s government on whether it can keep providing Internet services there. Aiken speaks with Carol Massar and Matt Miller on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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Video: UBS’s Golub Discusses Moody’s Spain Bond Rating Review: Video

June 30, 2010

June 30 (Bloomberg) — Jonathan Golub, chief U.S. market strategist at UBS Securities LLC, discusses Moody’s Investors Service’s move to put Spain’s credit ranking on review for possible downgrade. (This report is an excerpt. Source: Bloomberg)

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Camelot Appoints Steven Istock as Its New Chief Financial Officer

June 30, 2010

IRVINE, CA–(Marketwire – June 30, 2010) –  Camelot Entertainment Group, Inc. ( OTCBB : CMGRD ) (“Camelot”) announced today that Steven Istock has been appointed interim Chief Financial Officer of Camelot, replacing George Jackson who resigned effective today as an officer and director of Camelot to pursue his significant business interests in the fitness industry. Istock will also be nominated to fill Jackson’s place on Camelot’s Board of Directors.

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Francine McKenna: Will Auditors Ever Answer to Investors for Aiding and Abetting?

June 30, 2010

The House-Senate Wall Street Reform and Consumer Protection Act Conference finished their work and as my friends at Compliance Week predicted a version of the Specter Bill — to repeal the Supreme Court’s Stoneridge decision — was not included in the final bill. Bruce Carton in Compliance Week : As this process gets underway, auditors, lawyers, bankers and other advisers to public companies are quietly breathing a sigh of relief that one of the items no longer on the table is an amendment proposed by Sen. Arlen Specter that would have overturned the U.S. Supreme Court’s 2008 ruling in  Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. , thereby permitting “aiding and abetting” liability for a company’s auditors and others. The final version of the financial reform bill that passed the Senate did not include the Specter amendment. However, a coalition of state regulators, public pension funds, professors, consumers and investors and the attorneys who advise them, was working until the end to put something back in the bill as an amendment to restore the right of investors to defend themselves and hold white collar criminals accountable. Their email to me states: The amendment brought by Senators Arlen Specter (D-PA), Jack Reed (D-RI), Dick Durbin (D-IL) and many other senior Democrats would have enacted one simple change in current anti-investor law — law that was “legislated” by a conservative Supreme Court rather than the U.S. Congress. The reform would have restored the right of pension funds and other investors to hold accountable in courts those who knowingly aid and abet securities fraud. This legal right of investors, which for fifty years helped white collar crime victims recover their losses while also deterring future fraud enablers, was stripped from shareholders and bondholders by the radical  Stoneridge Supreme Court decision of 2008, which expanded upon an earlier misguided Court decision in order to throw out thousands of remaining meritorious fraud claims brought by retirement funds and individual investors against investment banks and others who helped design the Enron fraud — the largest financial crime in U.S. history. Earlier this Spring, a Federal appeals court cited the “Supremes” and threw out the legitimate claims of ripped-off shareholders and bondholders in the billion dollar Refco, Inc. derivatives fraud.  In Refco, a now criminally convicted corporate lawyer had worked with Refco’s senior execs to execute fake transactions as a paper trail leading to falsified financial statements that were issued to investors and the public. Both Congressman Barney Frank and Senator Ted Kaufman responded to questions about the Specter amendment during my visit to Washington DC for Compliance Week ‘s Annual Conference.   House Financial Services Committee Chairman Frank said at the conference that he was in favor of bringing the amendment back in the bill.  Senator Kaufman, although a co-sponsor of the original amendment , is in favor but does not think it’s likely . I’ve written quite a bit about the impact of third party liability on the auditors in fraud claims and the Stoneridge decision . In February of 2008, I wrote about Treasury’s attempt to address the nagging issues of viability and sustainability of the accounting profession. They punted: I have consistently disagreed with the Big 4′s claim that  auditor liability caps are necessary  to avoid losing one of the remaining firms to catastrophic litigation. I have lamented the fact that the auditors don’t get sued often enough for my tastes and, when they do, they often settle. I’ve also said that they don’t deserve our pity, as they are less than transparent regarding their true financial capacity to address ongoing litigation… “The Treasury Department established the Advisory Committee on the Auditing Profession to examine the sustainability of a strong and vibrant auditing profession.” John P. Coffey , the Co-Managing Partner of Bernstein Litowitz Berger & Grossmann LLP… agrees with what I have been saying on this blog all last year. It is with this perspective that I address one of the questions the Committee is considering, namely, whether there ought to be a cap on auditor liability. I respectfully submit that the case for such a cap has not been made… …the fact that, in today’s environment, auditors are rarely named as defendants in these actions. In a three-year period immediately before the PSLRA was enacted – April 1992 through April 1995 – auditors were named as defendants in 81 of 446 private securities class actions filed, for an average of 27 suits per year, or 18% of all private securities class actions. As the reforms of the PSLRA and the concomitant jurisprudence took hold, that number dropped precipitously. Auditors were named as defendants in only five suits in 2005, and only two cases in each of 2006 and 2007. The number for 2007 is especially telling because approximately one out of every eleven companies with U.S.-listed securities – almost 1200 companies in all – filed financial restatements in 2007 to correct material accounting errors. Further, an analysis of securities actions filed in 2006 and 2007 demonstrates a significant decline in the number of cases alleging GAAP violations, appearing to suggest “a movement away from the focus in recent years on the validity of financial results and accounting treatment.” Well, that’s changed post-financial crisis.  In addition to the big frauds like Satyam, Glitnir , the Madoff feeder funds and garden variety accounting malpractice claims , the auditors are named in high profile subprime cases where fraud is alleged such as New Century and Lehman . It’s still not a deluge, since the PSLRA makes it damn difficult to draw the auditors in without a smoking gun or, actually, a rogue mechanical pencil. Even with a top notch bankruptcy examiner’s report — I’m talking Refco here — it’s not easy. July 11, 2007, Bloomberg Refco Inc. ‘s tax accountant, Ernst & Young, and a company law firm may have helped the defunct futures trader defraud investors, according to an examiner’s report unsealed today. Ernst & Young, the second-biggest U.S. accounting firm, and Mayer Brown Rowe & Maw, a Chicago-based law firm, might face claims by Refco for aiding and abetting the fraud, examiner  Joshua Hochberg said in a report filed in U.S. Bankruptcy Court in New York. Grant Thornton, the sixth biggest U.S. accounting firm, might face claims of professional negligence for work it did before Refco’s bankruptcy, Hochberg said. Contrast that seemingly slam-dunk assessment with this report on August 22, 2009: Two accounting firms and a law firm won dismissal of a lawsuit on behalf of former Refco Inc currency trading customers who lost more than $500 million when the defunct futures and commodities broker went bankrupt. U.S. District Judge Gerard Lynch on Tuesday said Marc Kirschner, a trustee representing the customers, failed to show that Ernst & Young LLP [ERNY.UL], Grant Thornton LLP and the law firm Mayer Brown LLP knew of or substantially assisted in the fraudulent diversion of assets that led to Refco’s demise. The Manhattan federal judge, however, gave permission for Kirschner to file a new complaint. Citing the trustee’s access to a “substantial trove” of Refco documents, Lynch said: “It is far from clear that repleading would be futile.” In his 35-page opinion, Lynch said Grant Thornton’s work gave it “a complete picture of how Refco and the Refco fraud, functioned.” He also said Mayer Brown “actively participated in carrying out Refco’s fraudulent misstatement of its financial position,” while Ernst performed to work for Refco “despite apprehending the scope of the fraud.” Judges, even while granting motions to dismiss, have more than once bemoaned the fact that the law does not allow them to act differently. In case after case, the judges are forced to let culpable third-party actors in these frauds off the hook. Unfortunately, Jonathan Weil tells us of the insidious impact that Stoneridge has had on bringing bringing real justice in two cases involving law firm Mayer Brown and their partner Joseph Collins (Refco): Last week, the Securities and Exchange Commission settled its own civil complaint against Collins. His deal included no monetary penalties. His only punishment was a court order barring him from violating the securities laws’ anti-fraud provisions in the future. He also was allowed to settle the suit without admitting or denying the SEC’s allegations, an absurd formality considering he’s already been found guilty of a crime. Investors aren’t slated to recover any money as part of his conviction, either. His sentence included a mere $500 fine. The judge who presided over his trial denied prosecutors’ request for a forfeiture order, under which Collins’s assets could have been used to compensate victims of Refco’s fraud. Before that, Collins and Mayer Brown got off scot free in an investor lawsuit led by Pacific Investment Management Co., the world’s largest bond-fund manager. The federal district judge overseeing that case, Gerard Lynch of New York, threw out the plaintiffs’ claims against Collins and his former firm last year. “It is perhaps dismaying that participants in a fraudulent scheme who may even have committed criminal acts are not answerable in damages to the victims of the fraud,” Lynch wrote in an opinion upheld two months ago by the 2nd U.S. Circuit Court of Appeals. “The fact that the plaintiff-investors have no claim is the result of a policy choice by Congress.” He added that “this choice may be ripe for legislative re- examination.” It’s been especially frustrating in the Madoff feeder fund cases. In the case of CRT Investments, Ltd, et al v. J. Ezra Merkin, Gabriel Capital, BDO Seidman, LLP, and BDO Tortugas: …the court dismissed aiding and abetting fraud claims because the plaintiffs could not allege the required intent. Mere recklessness was not sufficient in the absence of ‘specific red flags that the accountant disregarded that would place a reasonable accountant on notice that the audited firm was engaged in wrongdoing which is detrimental to the investors.’  The court expressed its frustration that the law prohibited further exploration of the alleged wrongdoing. Finally, the court notes that these types of allegations of center against auditors of investment funds in these situations appear to be recurring, yet they cannot go beyond the motion to dismiss stage and into discovery under the present state of the law.  The inability to explore the alleged wrongdoing any further and potentially hold these parties accountable is frustrating to the court. What’s confusing to me is that the Private Securities Litigation and Reform Act (PSLRA) restored the SEC’s ability to use “aiding and abetting” as a tool for enforcement of the securities laws but private plaintiff’s still can not.  It’s as if Congress at the time, pre-Enron, believed plaintiffs and their lawyers too irresponsible to bring reasonable causes of actions.   As if litigation against guilty parties is ever a bad idea… This perversion of the “free-market” philosophy, wherein bad companies are deemed good for the economy so we allow their bad actions with impunity and encourage others to help them, is particularly pernicious . Tom Gorman at Porter Wright tells us: The dividing line between primary and secondary liability in securities fraud actions has been a key subject of debate since 1994 when the Supreme Court handed down its decision in ”Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A.,” 511 U.S. 164 (1994). There, the high court held that Exchange Act Section 10(b), the antifraud weapon of choice for the SEC as well as private litigants, did not reach aiding and abetting. In the wake of that decision, the circuits have split on the question of primary and secondary liability. Some have adopted the “bright line” test, initially fashioned by the Tenth Circuit and later developed and amplified by the Second Circuit. The Ninth Circuit, in contrast, used the “substantial participation test. Both tests are  discussed here . Congress partially addressed the issue by restoring the SEC’s aiding and abetting authority in the PSLRA. Nevertheless, the issue continues to be of importance in its enforcement actions. Congress has declined to extend aiding and abetting authority to private securities fraud plaintiffs. And Gorman again here: In 1995, when the PSLRA restored aiding and abetting liability in SEC enforcement actions in the wake of  Central Bank , the SEC urged Congress to extend liability on this basis to private actions. At that time, Congress was more focused on limiting liability in private damage actions. Now however, Congress is considering a host of provisions which would greatly expand liability under the federal securities laws. While those proposals focus on enhancing the power of the SEC, there is little doubt that the Commission will support Senator Specter’s bill which would greatly expand the reach of private damage actions based on Exchange Act Section 10(b). This would be consistent with the SEC’s frequently stated view that private damage actions are a necessary adjunct to its enforcement program. The SEC can use the terms “aiding and abetting” all it wants and does so quite often.  They succeed with serious charges when the courts sometimes fail to hold the same perpetrators accountable.  When it comes to the auditors, the SEC can hold them accountable , and does occasionally, but often very late and the courts dismiss. By issuing these false and misleading audit opinions, E&Y was a cause of and aided and abetted Bally’s violations of Sections 17(a)(2) and (3) of the Securities Act and Sections 13(a) and (b)(2)(A) of the Exchange Act and Exchange Act Rules 12b-20, 13a-1, 13a-11, and 13a-13. E&Y also violated Section 10A of the Exchange Act by not bringing to the attention of Bally’s Audit Committee Bally’s false and misleading disclosures of the $55 million special charge. Tom Gorman lays out the opposing views of the Supreme Court on the original Stoneridge decision in a way that highlights the pro-business versus pro-investor bias inherent in the decision.  In light of everything wicked that has come our way since Enron, is this really the plan we want to stick to? Justice Kennedy concludes with three points. First, he cites policy: “Were the implied cause of action to be extended to the practices described here, however, there would be a risk that the federal power would be used to invite litigation beyond the immediate sphere of securities litigation and in areas already governed by functioning and effective state-law guarantees.” Second, adoption of petitioner’s theory is contrary to  Central Bank and the PSLRA. Finally, the day is long past when the Court will expand an implied cause of action such as the one involved here in view of separation of powers concerns… …according to Justice Stevens, the sham transaction alleged in the complaint had the same effect on Charter’s profits as a false entry and is more than sufficient. And, permitting an action to proceed based on this kind of sham transaction will not inhibit business because it is an isolated departure from ordinary transactions… Justice Stevens concludes his dissent with what might be viewed as an ode to the implied cause of action. While it is clear that Justice Stevens views himself neither as a liberal or an activist judge, the closing paragraphs of his opinion chide the majority for their swipes at implied causes of action. These causes of action are based on “A basic principle animating our jurisprudence … [that was] enshrined in state constitution provisions guaranteeing, in substance, that ‘every wrong shall have a remedy.’ Fashioning appropriate remedies for the violation of rules of law designed to protect a class of citizens was the routine business of judges …” … Thus, while the Court’s decision is pro-business, it is also pro-enforcement, but through SEC actions, not class actions. Finally, Justice Stevens is no doubt correct in his lament: “the days when the federal courts could be viewed as the protectors of all those whose rights have been violated have passed.” If you believe the federal courts should be viewed as the ultimate protectors of all those whose rights have been violated, I urge you to call or write the members of the Senate Banking Committee . Shine some strong sunlight on these cases. Urge your Senators and Congressmen to support a repeal of Stoneridge and a restoration of the private right of action for aiding and abetting of fraud, in particular by third parties such as auditors.

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Adanac Announces CCAA Protection Extension to October 29, 2010

June 30, 2010

VANCOUVER, BRITISH COLUMBIA–(Marketwire – June 30, 2010) – Adanac Molybdenum Corporation (“Adanac” or the “Company”) (TSX:AUA)(PINK SHEETS:AUAYF)(FRANKFURT:A9N) announced today that its application of June 30, 2010 to the Supreme Court of British Columbia (the “Court”) for an Order under the Companies’ Creditors Arrangement Act (“CCAA”) to extend its creditor protection has been successful, allowing the Company to continue to restructure and continue to stay all claims and actions against the Company and its assets. The June 30, 2010 Order extends the stay period under CCAA until October 29, 2010, at which time the matter will be reviewed by the Court. Further information can be found on the website of KPMG Inc., the court-appointed Monitor, at www.kpmg.ca/adanac . 

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ARC Wireless Solutions, Inc. Announces Resignation of Director

June 30, 2010

WHEAT RIDGE, CO–(Marketwire – June 30, 2010) –  ARC Wireless Solutions, Inc. ( NASDAQ : ARCW ) (the “Company”) announced today that the Company has received notice from Javier Baz that he has resigned from his position as a member of the Company’s Board and from his position as a member of the Board’s Audit Committee and the Board’s Compensation Committee, effective immediately. Mr. Baz informed the Company that his resignation as a Director of the Company and as a member of the Board’s Audit Committee and the Board’s Compensation Committee was due to personal time constraints and that he enjoyed his time serving on the Board of the Company. Commenting on this change, CEO Jason Young stated, “Mr. Baz has been a valuable Board member for the Company and we are grateful for his service to the Company.” 

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Elizabeth Flock: Save Money, Live Better: The Case for Wal-Mart on the South Side of Chicago

June 30, 2010

Wal-Mart may be coming to Chicago, and soon. Union opposition has kept Wal-Mart at bay for the last six years, but when the company agreed to pay entry-level workers 50 cents above the minimum wage, unions were suddenly all ears. Last week, the City Council zoning committee finally signed off on a Wal-Mart store on Chicago’s South Side. It helped that Wal-Mart has estimated it would add 12,000 jobs over the next five years in Chicago, where the unemployment rate is more than 10 percent . There are plenty of debates going on over whether Wal-Mart is really the answer to unemployment on the South Side. One persistent argument against the company is that Wal-Mart is bad news for the mom-and-pop stores, and that the many job gains for the city will be offset by the fall-out for the owners of small businesses. I have a family friend down on the South Side named Brenda, who is unemployed and on disability benefits because of several medical maladies. Brenda lives in West Pullman, not far from where Wal-Mart proposes to set up shop. Brenda was recently wearing a brand new white jumpsuit. When she was complimented on the suit, she proudly said that it was “designer” and that she had bought it for $268. The suit was clearly worth much less. Convenience stores, as well as mom-and-pop stores down on the South Side are known for charging obscene rates for clothing and other products, reeling in customers by putting flashy signs that say “Designer” or “Exclusive” next to cheap clothing. It wouldn’t hurt for Wal-Mart to undercut a few of the mom-and-pop prices, so that South Side customers have a better idea of the value of a jumpsuit or pair of jeans. The other issue plaguing the South Side, particularly African American residents, is that it has the most “food deserts” in Chicago — areas where residents have no grocery store. A 2006 report by Mari Gallagher Research and Consulting Group showed that in a typical African American block, the nearest grocery store is about two-times further than the nearest fast food restaurant. Food deserts on Chicago’s South Side have shrunk some since 2006, and this has provided health benefits to the communities. A 2009 Gallagher progress report said that if a grocery store were added to 11500 S. Michigan on the South Side (just a block from where Brenda lives), 15.46 lives could be saved from diabetes, 58.39 from cancer, 111.81 from cardiovascular disease and 12.90 from liver disease. While Wal-Mart has proposed to open stores of varying size, both its grocery store format and Supercenter format will be complete with produce, frozen food, fresh meats, etc. A grocery store of this magnitude, with both healthy and unhealthy options, could do wonders for the health of the South Side community. Wal-Mart’s slogan “Save money, live better” promises a lot. So does its entrance into Chicago. The city will soon see whether Wal-Mart can live up to that promise.

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James K. Galbraith: Why the Fiscal Commission Does Not Serve the American People

June 30, 2010

Cross-posted from New Deal 2.0 . President Obama and his economic team face a daunting challenge: how to deliver economic growth they know can only come from deficit spending, while deferring into the future the “fiscal consolidation” which is being pressed on them by practically everyone, from Peter G. Peterson to Angela Merkel. Clearly the “bipartisan deficit commission” — like practically all bipartisan commissions — was a device to deflect this pressure. The President created the Commission while pressing for a stronger growth strategy, and has sent every discreet signal (notably in the commission’s minuscule operating budget) that the exercise should not be taken seriously. Nevertheless, there is a danger that the Commission will take a path — “stimulate now but austerity later” — that will lead to unnecessary, economically-damaging and socially destructive cuts in Social Security and Medicare. And there is a danger that such cuts will be stampeded through Congress in the months immediately following the 2010 elections. In a statement made on behalf of Americans for Democratic Action to the Commission, I make the case against cutting Social Security and Medicare as a “deficit strategy” — on the grounds that it’s not necessary and it won’t work. Instead, we need an economic policy built on realistic assumptions and focused on our actual economic problems: jobs, the state-local budget crisis, public investment, energy and climate change. In my statement to the Commission, I have tried to explore these issues a bit further: My Statement to the Commission on Deficit Reduction Mr. Chairmen, members of the commission, thank you for inviting this statement. I am a professional economist, but I have served in a political role, as Executive Director of the Joint Economic Committee of the United States Congress. I am offering this statement on behalf of Americans for Democratic Action, an organization co-founded in 1949 by (among others) Eleanor Roosevelt, John Kenneth Galbraith, Arthur M. Schlesinger, jr., and Ronald Reagan. Accordingly I would like to begin with a political comment. 1. Clouds Over the Work of the Commission. Your proceedings are clouded by illegitimacy. In this respect, there are four major issues. First, most of your meetings are secret, apart from two open sessions before this one, which were plainly for show. There is no justification for secret meetings on deficit reduction. No secrets of any kind are involved. Nothing you say will affect financial markets. Congress long ago — in 1975 — reformed its procedures to hold far more sensitive and complicated meetings, notably legislative markups, in the broad light of day. Secrecy breeds suspicion: first, that your discussions are at a level of discourse so low that you feel it would be embarrassing to disclose them. Second, that some members of the commission are proceeding from fixed, predetermined agendas. Third, that the purpose of the secrecy is to defer public discussion of cuts in Social Security and Medicare until after the 2010 elections. You could easily dispel these suspicions by publishing video transcripts of all of your meetings on the Internet, and by holding all future meetings in public. Please do so. Second, there is a question of leadership. A bipartisan commission should approach its task in a judicious, open-minded and dispassionate way. For this, the attitude and temperament of the leadership are critical. I first met Senator Simpson when we were both on Capitol Hill; at Harvard he became friends with my late parents. He is admirably frank in his views. But Senator Simpson has plainly shown that he lacks the temperament to do a fair and impartial job on this commission. This is very clear from the abusive response he made recently to Alex Lawson of Social Security Works, who was asking important questions about the substance of the commission’s work, as well as calling attention to the illegitimate secrecy under which you are operating. A general cannot speak of the President with contempt. Likewise the leader of a commission intended to sway the public cannot display contempt for the public. With due respect, Senator Simpson’s conduct fails that test. Third, most members of the Commission are political leaders, not economists. With all respect for Alice Rivlin, with just one economist on board you are denied access to the professional arguments surrounding this highly controversial issue. In general, it is impossible to have a fair discussion of any important question when the professional participants in that discussion have been picked, in advance, to represent a single point of view. Conflicts of interest constitute the fourth major problem. The fact that the Commission has accepted support from Peter G. Peterson, a man who has for decades conducted a relentless campaign to cut Social Security and Medicare, raises the most serious questions. Quite apart from the merits of Mr. Peterson’s arguments, this act must be condemned. A Commission serving public purpose cannot accept funds or other help from a private party with a strong interest in the outcome of that Commission’s work. Your having done so is a disgrace. In my view you also should not have accepted help from the Economic Policy Institute, even though EPI’s positions on the merits are substantially closer to mine. Let me now turn to the economic questions. A first economic question is, what caused the deficits and rising public debt? The answer comes in two parts: present deficits and projected future deficits. 2. Current Deficits and Rising Debt were Caused by the Financial Crisis. Overwhelmingly, the present deficits are caused by the financial crisis. The financial crisis, the fall in asset (especially housing) values, and withdrawal of bank lending to business and households has meant a sharp decline in economic activity, and therefore a sharp decrease in tax revenues and an increase in automatic payments for unemployment insurance and the like. According to a new IMF staff analysis, fully half of the large increase in budget deficits in major economies around the world is due to collapsing tax revenues, and a further large share to low (often negative) growth in relation to interest payments on existing debt. Less than ten percent is due to increased discretionary public expenditure, as in stimulus packages. This point is important because it shows that the claim that deficits have resulted from “overspending” is false, both in the United States and abroad. 3. Future Deficit Projections are Generally Based on Forecasts which Begin by Assuming Full Recovery, but this Assumption is Highly Unrealistic. Unlike the present deficits, expected future deficits are not usually considered to be due to continued recession and high unemployment. To understand how the discussion of future deficits is being framed, it is necessary to grasp the work of the principal forecasting authority, the Congressional Budget Office. CBO’s projections proceed in two steps. First, they wipe out the current deficits, over a very short time horizon, by assuming a full economic recovery. Second, they create an entirely new source of future deficits, essentially out of whole cloth. The critical near-term assumption in the CBO baseline concerns employment. CBO claims to expect a relatively rapid return, over five years, to high levels of employment, and the baseline incorporates a correspondingly high rate of real growth in the early recovery from the great crisis. If this were to happen, then tax revenues would recover, and ordinarily the projected deficits would disappear. This is what did happen under full employment in the late 1990s. But under present financial conditions this scenario of a rapid return to high employment is highly unrealistic. It can only happen if the credit system finances economic growth, which implies a rising level of private (household and company) debt relative to GDP. And that clearly is not going to happen. On the contrary, de-leveraging in the private sector is sure to remain the rule for a long time, as mortgages and other debts default or are paid down, and as many households remain effectively insolvent due to their mortgage debt. With high unemployment, high public deficits are inevitable. The only choice is between an active deficit, incurred by putting people to work or otherwise serving national needs — such as providing a decent retirement and health care to the aged — and a passive deficit, incurred because at high unemployment tax revenues necessarily fail to cover public spending. Cutting public spending or raising taxes, now or in the future, by any amount, cannot reduce a deficit due to high unemployment. The only fiscal effect is to convert an active deficit into a passive one — with disastrous economic and social effects. 4. Having Cured the Deficits with an Unrealistic Forecast, CBO Recreates them with Another, Very Different, but Equally Unrealistic Forecast. In the CBO models, high future deficits and rising debt relative to GDP are expected. But the source is not a weak economy. It is a set of assumptions describing an economy after full recovery from the present crisis. In the CBO forecasts, big future deficits arise from a combination of (a) rapidly rising health care costs and (b) rising short-term interest rates, in the context of (c) a rapid return to high employment and (d) continued low overall inflation. This combination produces, mechanically, a very large net interest payout and a rapidly rising public debt in relation to a slowly rising nominal GDP. Even if CBO were right about recovery, which it is not, this projection is internally inconsistent and wholly implausible. It isn’t going to happen. Low overall inflation (at two percent) is inconsistent with the projected rise of short-term interest rates to nearly five percent. Why would the central bank carry out such a policy when no threat of inflation justifies it? But the assumed rise in interest rates drives the projected debt-to-GDP dynamic. Similarly, the rise in projected interest payments is inconsistent with low nominal inflation. Interest payments rising to over 20 percent of GDP by mid-century would constitute new federal spending similar in scale to the mobilization for World War II. Obviously this cannot happen with two percent inflation. And although a higher inflation rate is undesirable, arithmetically it means a lower debt-to-GDP ratio. Finally, rapidly rising health care costs and low overall inflation are mutually consistent only if all prices except health care are rising at less than that low overall inflation rate — including energy and food prices in a time of increasing scarcity. This too is extremely unlikely. Either overall health care costs will decelerate (relieving the so-called Medicare funding problem) or the overall inflation rate will accelerate — reducing the debt-to-GDP ratio. In sum: the economic forecasts on which you are being asked to develop a credible plan for reducing deficits over the medium term are a mess. The unemployment and growth forecasts are implausibly optimistic, while the inflation and interest rates projections are implausibly pessimistic and mutually inconsistent. Good policy cannot be based on bad forecasts. As a first step in your work — long overdue — the Commission should require the development of internally consistent, and factually plausible, economic forecasts on which to base future deficit and debt projections. 5. The Only Way to Reduce Public Deficits is to Restore Private Credit. The conclusion to draw from the above argument is that large deficits going forward are likely to have the same source as they do right now: stubbornly high unemployment. The only way to reduce a deficit caused by unemployment is to reduce unemployment. And this must be done with a substantial component of private financing, which is to say by bank credit, if the public deficit is going to be reduced. This is a fact of accounting. It is not a matter of theory or ideology; it is merely a fact. The only way to grow out of our deficit is to cure the financial crisis. To cure the financial crisis would require two comprehensive measures. The first is debt restructuring for the entire household sector, to restore private borrowing power. The second is a reconstruction of the banking system, effectively purging the toxic assets from bank balance sheets and also reforming the bank personnel and compensation and other practices that produced the financial crisis in the first place. To repeat: this is the only way to generate deficit-reducing, privately-funded growth and employment. As a former top adviser in the Clinton White House, co-chairman Bowles no doubt knows that privately-funded economic growth produced the boom years of the late 1990s and the associated surplus in the federal budget. He must also know that the practices of banks and investment banks with which they were closely associated worked to destroy the financial system a decade later. But I would wager that the Commission has spent no time, so far, on a discussion of the relationship between deficit reduction and financial reform. To be clear: unemployment can be cured without private-sector financing, if public deficits are large enough — as was done during World War II. But if the objective is to reduce public deficits, for whatever reason, then a large contribution from private credit is essential. One more time: without private credit, deficit reduction plans through fiscal austerity, now or in the future, will fail. They cannot succeed. If at the time the cuts take effect the economy is still relying on public expenditure to fund economic activity, then reducing expenditure (or increasing taxes) will simply reduce GDP and the deficits will not go away. Further, if the finances of the private sector could be fixed, then an austerity program would be entirely unnecessary to reduce public debt. The entire national experience from 1946 to 1980, when public debt fell from 121 to about 33 percent of GDP and again from 1994 to 2000, proves this. In those years the debt-to-GDP ratio fell mainly because of creditdriven economic growth — certainly not because of public-sector austerity programs. And this is why the deficits returned, in 1980-2 and in 2000, once the credit markets froze up and the private economy entered recession. Thus until the private financial sector is fully reformed — or supplemented by parallel financing institutions as was done in the New Deal — high deficits and a high public-debt-to-GDP ratio are inevitable. In the limit, if there is no private financial recovery, debt-to-GDP will converge to some steady-state value, probably near 100 percent – a normal number in some countries – and at that point the public deficit will be the sole engine of new economic growth going forward. Only when the private sector steps up, will the debt-to-GDP ratio begin to decline. For this reason, a Commission report focused on “entitlement reform” rather than “financial reform” would be entirely beside the point. Entitlement cuts, no matter how severe, cannot and will not achieve deficit reduction. They cannot “meaningfully improve the long-term fiscal outlook,” as required by your charter. All they will accomplish is to impoverish vulnerable Americans, impairing the functioning of the private economy and the taxing capacity of the government. 6. Social Security and Medicare “Solvency” is not part of the Commission’s Mandate. I note from Chairman Simpson’s conversation with Alex Lawson that the Commission has taken up the questions of the alleged “insolvency” of the Social Security system and of Medicare. If true, this is far outside any mandate of the Commission. Your mandate is strictly limited to matters relating to the deficit, debt-to-GDP ratio and fiscal stability of the U.S. Government as a whole. Social Security and Medicare are part of the government as a whole, so it is within your mandate to discuss those programs — but only in that context. To make recommendations about the matching of benefits to payroll taxes — now or in the future — would be totally inappropriate. Within your mandate, the levels of payroll taxes and of Social Security benefits are relevant only insofar as they influence the current and future fiscal position of the government as a whole. Their relationship to each other is not relevant. You are not a “Social Security Commission” and there is no provision in your Charter for a separate discussion of the alleged financial condition of either program taken on its own. Such discussions, if they are occurring, should be subjected to a point of order. The usual “solvency” arguments directed at the Social Security system and at Medicare as separate entities are in any event complete nonsense. These programs are just programs, like any others, in the Federal Budget, and the Social Security and Medicare “systems” are thus fully solvent so long as the Federal Government is. Further, as explained below, under our monetary arrangements there is no “solvency” issue for the federal government as a whole. The federal government is “solvent” so long as U.S. banks are required to accept US. Government checks — which is to say so long as there is a Federal authority in the Republic. This point has been demonstrated repeatedly in times of stress, notably during the Civil War and World War II. 7. As a Transfer Program, Social Security is Also Irrelevant to Deficit Economics. Political discussions of “long-term fiscal sustainability” — including in the Charter for this Commission — make an economic error when they loosely use the word “entitlements” and suggest that supposed economic dangers of federal deficits (for instance, rising real interest rates) can be reduced by “entitlement reform.” As a matter of economics, this is not true. “Government Spending” — as any textbook will verify — is a component of GDP only insofar as the spending is directly on purchases of goods and services. That alone is what economists mean by the phrase “government spending.” GDP is the final consumption of produced goods and services, and government is one of the major consuming sectors; the others being private business (investment) and households (consumption). Social Security is a transfer program. It is not a spending program. A dollar “spent” on Social Security does not directly increase GDP. It merely reallocates a dollar from one potential final consumer (a taxpayer) to another (a retiree, a disabled person or a survivor). It also reallocates resources within both communities (taxpayers and beneficiaries). Specifically, benefits flow to the elderly and to survivors who do not have families that might otherwise support them, and costs are imposed on working people and other taxpayers who do not have dependents in their own families. Both types of transfer are fair and effective, greatly increasing security and reducing poverty — which is why Social Security and Medicare are such successful programs. Transfers of this kind are also indefinitely sustainable — in fact there can intrinsically be no problem of sustainability with transfer programs. Apart from their effect on individual security, a true transfer program uses (by definition) no net economic resources. The only potential macroeconomic danger from “excessive” transfers is that the transfer function may be badly managed, leading to excessive total demand and to inflation. But there is no risk of this so long as the financial crisis remains uncured. Under present conditions Social Security and Medicare are bulwarks for stabilizing a total demand that would otherwise be highly deficient. Similarly, cutting Social Security benefits, in particular, merely transfers real resources away from the elderly and toward taxpayers, and away from the poor toward those less poor. One can favor or oppose such a move on its own merits as social policy – but one cannot argue that it would save real resources that are otherwise being “consumed” by the government sector. The conclusion to be drawn is that Social Security should in any event be off the agenda of your Commission, as it is a transfer program and not a program of public spending in the economic sense. In particular it does not use capital resources and will not drive up interest rates. This is true whether the “Social Security System” is in internal balance or not. 8. Markets are not calling for Deficit Reduction; Now or Later. Let me turn next to a larger economic question. Do deficit projections matter? Are they important? Was the President well-advised to frame the mandate of the Commission as he did? What, in short, are the economic consequences of a high public deficit and a rising debt-to-GDP ratio, and what (if any) benefits are to be expected from creating an expectation that deficits will come down and that the debt-to-GDP ratio will fall? The idea that US economic policy should aim for a path of reduced deficits in the future, is shared by liberals and conservatives, and it is, from a political standpoint, a very powerful idea. The Commission’s charter takes for granted that this goal is desirable. It specifies that your objective is to achieve a balanced “primary budget” — net of interest payments, by 2015. Yet your charter does say why this is an appropriate goal. It cites no study to which one might refer. It does not explain why 2015 is the right target date, as opposed to (say) 2025 or even 2050. It does not spell out the economic consequences — if any — of failing to meet the stated objective. Does the requirement make economic sense? I shall tackle that question in two parts. The first accepts the view most people hold of the fiscal and financial world. The second reflects, from an operational standpoint, how that world actually works in practice. Most informed laymen believe that the Federal government must borrow in order to spend. They believe that the interest rate on Treasury securities is set in a market for government bonds. The markets impose discipline on the government. Thus their idea is that “fiscal responsibility” will produce low long-term interest rates and tolerable borrowing conditions for the federal government, while “irresponsibility” will be punished by higher, and eventually intolerable, debt service costs. Accepting this view for the moment, what does the present level of long-term interest rates tell us? As I write, thirty year Treasury bonds are yielding just over four percent — or just a little more than half their yield a decade back. On the argument just given, this must be an extraordinary success of virtuous policy. It seems that Wall Street has made a strong vote of confidence in the fiscal probity of our current policies. This vote is unqualified, backed by money, contingent on nothing. It therefore represents a categorical rejection, by Wall Street itself, of the CBO’s doomsday scenarios and all other deficit-scare stories. On this theory, it follows that the mandate to reduce the primary deficit to zero by 2015 is unnecessary. Such an action can hardly reduce interest rates — neither short nor long-term — which are already historically low. But wait a minute, some may say. Yes interest rates are low at the moment. But bond markets are fickle, they can turn on a dime. And what then? Yes, it is possible that interest rates could rise. But the problem with this argument is that it takes us away from the premise of rationality. If bond markets are fickle and arbitrary, who is to say what they will do in response to any particular policy? In the face of irrational markets, the sensible policy is to borrow heavily for so long as they are offering a good deal. One may say that all good things end, and perhaps they will. But if markets are irrational, then by construction you cannot prevent this by “good behavior.” The conclusion from this section is that one cannot logically argue that markets insist on deficit reduction. Either the markets are rationally unworried about deficits, or they are acting irrationally right now, in which case they can hardly “insist” on anything. 9. In Reality, the US Government Spends First & Borrows Later; Public Spending Creates a Demand for Treasuries in the Private Sector. As noted, the above argument is based on the common belief that the government must borrow in order to spend, and thus that the government faces “funding risks” in private markets. Such risks exist, of course, for private individuals, for companies, for state and local governments, and for national governments such as Greece that have ceded monetary sovereignty to a central bank. But the situation of the United States government is quite different. The U.S. government spends (and the Federal Reserve lends) in a very simple way. It does so by writing checks — in fact simply by marking up numbers in a computer. Those numbers then appear in the bank accounts of the payees, who may be government employees, private contractors, or the recipients of federal transfer programs. The effect of government check-writing is to create a deposit in the banking system. This is a “free reserve.” Banks of course prefer to earn interest on their reserves. Thus they demand a US Treasury bond, which pays more interest without incurring any form of credit or default risk. (This is like moving a deposit from a checking to a savings account.) The Treasury can meet that demand, or not, at its option — it can permit, or not permit, the stock of US Treasury bonds in circulation to increase. So long as U.S. banks are required to accept U.S. government checks — which is to say so long as the Republic exists — then the government can and does spend without borrowing, if it chooses to do so. And if it chooses to issue Treasuries to meet the demand, it can do that as well. There is never a shortfall of demand for Treasury bonds; Treasury auctions do not fail. In the real world, the government creates demand for bonds by spending above the level drained by taxation from the system. The extent to which those bonds are held locally, or abroad (another common source of worry) depends on the US current account deficit. This also has nothing to do with approval or disapproval by foreign bankers, central bankers, or their governments of American deficit policy. A foreign country cannot acquire a US Treasury bond unless someone outside the United States has acquired dollars to pay for them, which is generally done by running a trade surplus with the United States. And when foreigners do acquire those dollars, then like domestic banks they prefer to earn interest, which is why they buy Treasury bonds. Insolvency, bankruptcy, or even higher real interest rates are not among the actual risks to this system. The actual risks in this system are (to a minor degree) inflation, and to a larger degree, depreciation of the dollar. However at the moment there is wide agreement that a lower dollar would be a good thing — against the Chinese RMB and now also the euro. So it is difficult to believe that the goal of deficit reduction per se serves any coherent, or presently desirable, economic objective. We can conclude that there is actually no economic justification for the target of reducing the primary deficit to zero by 2015 or any other date. The right economic objectives are to meet real problems, not those conjured from thin air by economists. Bringing about a rapid end to unemployment, caring properly for an aging population, cleaning up the Gulf of Mexico, coping with our energy insecurity and with climate change are all far more important objectives than reducing a projection of future budget deficits. 10. The Best Place in History (for this Commission) Would be No Place At All. Most people assume that “bipartisan commissions” are designed to fail: they are given thorny (or even impossible) issues and told to make recommendations which Congress is free to ignore or reject. In many cases — yours is no exception — the goal is to defer recognition of the difficulties for as long as possible. You are plainly not equipped by disposition or resources to take on the true cause of deficits now and in the future: the financial crisis. Recommendations based on CBO’s unrealistic budget and economic outlooks are destined to collapse in failure. Specifically, if cuts are proposed and enacted in Social Security and Medicare, they will hurt millions, weaken the economy, and the deficits will not decline. It’s a lose-lose proposition, with no gainers except a few predatory funds, insurance companies and such who would profit, for some time, from a chaotic private marketplace. Thus the interesting twist in your situation is that the Republic would be better served by advancing no proposals at all.

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Dave Johnson: Chinese Paper Subsidies: Boring? Jobs: Not Boring!

June 30, 2010

This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture as part of the Making It In America project. I am a Fellow with CAF. ChChina is cheating again. Yawn… China is subsidizing its paper industry ($33 billion 2002-09) and has tripled their production, and now is the largest producer of paper and paper products. Yawn. This has cost jobs and approximately 400,000 remaining American jobs are at risk. And the companies they work for. NOT so yawn! The Economic Policy Institute has released a briefing paper, titled, No Paper Tiger . This paper documents the different government subsidies behind the surge of Chinese paper imports, and look at its implications for the American paper industry. Some of the subsidies that government provides, This Briefing Paper estimates that in China’s paper industry, subsidies for electricity amounted to $778 million • (from 2002 to 2009); subsidies for coal, $3 billion (from 2002 to 2009); subsidies for pulp $25 billion (from 2004 to 2009); subsidies for recycled paper, $1.7 billion (from 2004 to 2008); subsidy income reported by companies, $442 million (from 2002 to 2009); and loan-interest subsidies, $2 billion (from 2002 to 2009). Missing data prevented calculation of pulp or recycled-paper subsidies in 2002, 2003, and 2009. Implications for our own industry, Cheap, subsidized Chinese paper exports have affected the U.S. paper industry. Despite comparable cost structures, high efficiencies, and plentiful natural resources, U.S. paper companies have failed to compete globally or nationally on price against much-cheaper Chinese imports. In 2010, the United States remains a net importer of paper and paper products. Imports from China are rising faster than those of any other country for this industry, with the value of U.S. imports from China growing at an annualized rate of 22%. And the cost in jobs , “From 2002 through the end of 2009, U.S. employment in the paper and paper products sector dropped 29 percent, from roughly 557,000 workers to 398,000.” As the paper shows, China has no competitive advantage or cost advantage that would lead to the lower prices that are powering this surge. Labor is only 4% of the cost, and they import much of the pulp for the paper. They don’t have economy of scale. It is only the government subsidies that enable them to take over the industry. From the Alliance for American Manufacturing , (See press release here .) China’s massive subsidies to its paper sector are doing severe damage to the U.S. paper industry, its workers and their families,” said Scott Paul, executive director of the Alliance for American Manufacturing (AAM). “The only way to stop the bleeding is for U.S. policymakers to take action against China’s blatant violations of trade laws, including sweeping subsidies to paper and many other industries.” The manufacturethis blog lets you look up how many jobs this costs in your state and Congressional district . We need better trade law enforcement. Sign up here for the CAF daily summary .

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Sheldon Filger: Are European Banks on the Verge of Destruction?

June 30, 2010

In February 2009, my blog referred to a story that appeared in The Daily Telegraph, a leading UK newspaper, headlined, “European bank bail-out could push EU into crisis.” The essence of the story was that The Daily Telegraph was shown a top-secret document, leaked from the European Commission, the executive body that oversees the 27-nation European Union, which warned that the EU’s banking system was contaminated by an ocean of toxic assets. Though the story was ignored by the rest of mainstream media, for the most part, I think it is timely to look again at this secret EU document in the light of the current European debt crisis and growing rumors regarding the insolvency of many leading banks across the continent. The confidential 17-page European Commission document warned that the European banking system could be holding as much as 18.6 trillion euros in toxic assets. Furthermore, in the wake of the European bank bailout that followed the collapse of Lehman Brothers, the document warned that the cost of a second Eurozone and U.K. bank bailout would exceed the financial capacity of the European Union. In other words, if Europe’s banking system enters a meltdown in the face of the sovereign debt crisis now plaguing European economies, the EU will be powerless to stop the implosion of the European banking and financial system. Reviewing what the European Commission warned about more than a year ago, it appears that the document’s authors had an impressively prescient ability to forecast the current European sovereign debt and fiscal crisis. In stark terms, the EU document warned that, “It is essential that government support through asset relief should not be on a scale that raises concern about over-indebtedness or financing problems … Such considerations are particularly important in the current context of widening budget deficits, rising public debt levels and challenges in sovereign bond issuance.” With Greece essentially insolvent, Spain in the grips of its own sovereign debt crisis and the U.K. and Italy teetering on the edge, not to mention Ireland, Portugal and Eastern Europe, it seems to me that the worst case scenario hinted at in the leaked document more than a year ago is no longer a speculative possibility, but unfortunately a chillingly realistic forecast of what may very soon be the next great global banking crisis.

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Playboy’s Next Market? China

June 30, 2010

Think Playboy has been left for dead? Perhaps not. The company, famous for its iconic magazine and women dressed as velvet-clad bunnies, is heading to the world’s biggest casino playground this year: the Chinese gambling region of Macau. The idea: To use its well-known brand name to tap into a fast-growing market.

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College Presidents Try To Balance School Duties With Corporate Alliances

June 30, 2010

As much as higher education and corporate America would like to be engaged, college presidents are struggling to reconcile the demands and values of academia with shareholder skepticism about their boardroom commitments.

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Goldman Sachs ‘Most Aggressive’ In Demanding Cash From AIG

June 30, 2010

Goldman Sachs was the “most aggressive” financial firm to demand cash from AIG on what it viewed as souring deals during the financial crisis, the head of a federal investigative panel said Wednesday. Goldman Sachs Group, the most profitable firm on Wall Street, was the “first in the door” in demanding collateral from the disgraced insurer — once one of the world’s most successful and creditworthy companies — on its derivatives deals, said Phil Angelides, chairman of the Financial Crisis Inquiry Commission. Goldman comprised 27 percent of AIG’s derivatives portfolio at the end of 2007, yet held 89 percent of collateral that AIG posted to all of its counterparties, Angelides said, citing AIG documents. Wall Street’s most successful firm was “way ahead of everyone else” on demanding collateral from the giant insurer, Angelides said. And Goldman was “much more aggressive” about marking down the value of those securities, he added. Joseph Cassano, the former head of AIG Financial Products, the derivatives unit whose actions ultimately led to the firm’s taxpayer-financed government rescue, told Angelides’s panel Wednesday that he was “surprised” at the magnitude of Goldman’s increasing demands for collateral. Goldman eventually received $14 billion through its insurance contracts — specifically its credit default swaps, an insurance-like derivative product — from AIG, according to a November report by the Office of the Special Inspector General for the Troubled Asset Relief Program. Of that, $8.4 billion was in the form of collateral payments that Goldman simply kept; $5.6 billion was from taxpayers through a special investment vehicle created by the Federal Reserve Bank of New York. Taxpayers committed $182 billion to backstop AIG. Taxpayers own 79.9 percent of the insurer. The firm’s counterparties, like Goldman, were paid 100 cents on the dollar. It’s unclear whether taxpayers will be made whole. Goldman consistently marked its contracts with AIG lower than any of the firm’s other counterparties, said Angelides and Cassano. One example given was a collateral call of $1.8 billion. As the value of the securities fluctuated, the firms would post collateral to one another to cover their positions. Cassano said that the $1.8 billion demand was surprising particularly due to its lack of “incrementality.” “It went from nothing to $1.8 billion,” Cassano said, who left his position as head of AIG’s derivatives unit in early 2008. AIG then went out and solicited prices from other counterparties to check if Goldman’s marks were accurate. Within a month or so, Goldman lowered its demand to $450 million. Cassano said that a counterpart at Goldman told him, “I don’t think we covered ourselves in glory.”

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Video: DeKaser Sees Slow Down in Non-Government Employment: Video

June 30, 2010

June 30 (Bloomberg) — Richard DeKaser, president of Woodley Park Research, talks with Bloomberg’s Lori Rothman and Michael McKee about the outlook for the U.S. labor market. ADP Employer Services said private payrolls rose 13,000 in June, the smallest in four months, after a 57,000 increase the prior month. Economists surveyed by Bloomberg projected a gain of 60,000. (Source: Bloomberg)

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Jan Phillips: Sparking the Collective Imagination

June 30, 2010

I read about an executive who had a real flat response from his employees when he put out the question “How can we best the best company in the world?” There was a long pause and a deep silence in the room until a worker said, “How about this: how can we be the best company FOR the world?” And that was the question that charged everyone’s imaginations and started everyone thinking creatively. It’s not about what we can get. It’s more about what we can give. And it’s our giving that opens the door to all the abundance we are going to receive in the world, as a person or a corporation. Just as a battery is charged by the union of positive and negative forces, just as a child is conceived by the union of a male sperm and female ovum, just as a thought issues forth from the union of right and left brain, so does original thinking emerge from the practice of joining “us” and “them” into a “we.” Our imaginations are the most potent engines of change in the universe. There is no doubt that we can evolve ourselves forward once we replace our dualistic thinking with thought processes that re-pair the opposites and cause convergence. In this matter, emotions are essential. They are our guide, our body’s means of instant messaging to the brain. Yes, this decision is wise. No, that choice is unwise. Our bodies are hardwired for survival of the species, and if we listen deeply to them, if we are wise enough to trust the feelings they emanate on our behalf, then we will find the clarity necessary to make inspired choices that are as good for the whole as they are for the one, which is an absolute prerequisite for thought leadership today. And because the work of transforming our own thought processes is so evolutionary an act, it requires the total engagement of body, mind, and spirit. This is not business as usual. This is reorienting to a new star. We are organisms in a constant state of flux, exposed to an ever-changing environment, and the more we inquire into our own state of consciousness and notice the evolution of our own ideas, the more aware we become of our place in the family of things. As a civilization, we are shifting out of an industrial, assembly-line mindset of isolated units into an organic, knowledge-based network of communities. There is a tectonic shift of consciousness occurring and an evolutionary tendency away from the mechanical and back toward the natural. This may be seen as Mother Nature’s mid-course correction. As the thinking neurons of the planet, biologically oriented toward survival, we are finding ways of connecting and communicating with unimaginable speed and precision. Someone has calculated that we can globally transmit the contents of the Library of Congress across a single fiber optic line in 1.6 seconds. Science and nature have announced their engagement. It is not the task of creators to know the answers, but to articulate the questions we face as a people and to call us together to create our solutions. This is the potential of corporate America–to re-think their structures and processes in such a way that they become furnaces of inspiration, centers of creative ingenuity, arbiters of a culture conscious enough to bring the whole human family into the picture. The profits from such an endeavor–materially, culturally, spiritually–could overwhelm the most skeptic imagination. Thought leaders do not think in terms of “me” and “mine.” They think in terms of “we” and “ours.” They do not think outside the box, they live outside the box. No matter what their address, they think of themselves as global citizens, responsible to the earth, responsible to the human family, and aware that their well-being is tied to the well-being of others. They are balanced and in tune with their own inner life, and they are awake to the immense possibilities that erupt when the inner lives and imaginations of their colleagues are fully engaged. These are the kinds of alliances that can emerge when we change our questions from “What can we gain?” to “What can we give?” Businesses have always been on the cutting edge of creative innovation, and finding ways of bridging their bottom line concerns with the basic needs of the poor opens up whole new avenues for win-win solutions. There is a tremendous opportunity here for commercial enterprises that balance commerce with compassion, that reframe “the poor” from a category of charity to a category of collaborator, and that imagine new ways of working with and in these communities so that everyone benefits. -from The Art of Original Thinking

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Video: Harris Private Bank’s Ablin Discusses U.S. Stocks, Jobs: Video

June 30, 2010

June 30 (Bloomberg) — Jack Ablin, chief investment officer at Chicago-based Harris Private Bank, talks with Bloomberg’s Julie Hyman and Marc Crumpton about the U.S. stock market, economy and labor market. (This report is an excerpt. Source: Bloomberg)

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Harry Moroz: Was The Stimulus (A Lot) Bigger Than We Thought?

June 30, 2010

Ezra Klein’s explanation of the adverse impact of state budget cuts and tax increases on federal stimulus efforts upset the folks at George Mason’s libertarian-leaning Mercatus Center. Increases in federal spending in 2009 and 2010 swamped cuts to spending at the state level, they rejoined: At the same time that aggregate state spending was falling by 4.3% and 6.8%, federal spending was increasing by a whopping 17.9% (2009) and 5.8% (2010). This, combined with the fact that the Federal Government spends trillions while states spend hundreds of billions (in the aggregate), means that the state spending contraction comes nowhere close to offsetting the federal spending increase. At first glance, such a comparison seems to make sense: the federal government increased spending in 2009 by about $600 billion while states cut spending by $110 billion . The federal government’s increase significantly outweighed the state cuts. But this obscures – actually, it simply ignores – the question of why we’re even comparing state and federal spending. Cuts to spending at the state level are worrisome because they lead to fewer services, fewer jobs, and poorer education, all of which depress the economy. The appropriate question to ask about federal spending is then obvious: what federal spending offset such economy-depressing cuts? It turns out that strikingly little of the “whopping” increase in spending in 2009 came from such efforts. In his breakdown of the sources of increased spending, the Center for American Progress’s Michael Linden shows that 41 percent of increased spending was from President Bush’s financial rescue; 18 percent was from the mandatory Social Security, Medicare, and Medicaid programs; and 7 percent was from defense. Only 18 percent of the increased spending – or $108 billion – came from the stimulus package in 2009. Generously categorizing Linden’s “other domestic spending” category as stimulative and adding in increased spending on unemployment benefits (which is definitely stimulative), Obama’s efforts to counteract the economic downturn, one consequence of which was cuts to state spending, accounted for only 34 percent ($205 billion) of increased spending in 2009. The rest of the increases have little to do with stimulating the economy (Medicaid spending surely increased in part because of an increased caseload caused by the recession. But this is also a primary cause of fiscal strain for states, which share the program’s cost.). A comparison of federal spending and aggregate state spending is irrelevant. Comparing federal stimulus spending and state spending cuts is only appropriate and useful because both are responses to the economic downturn.

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Fred Whelan and Gladys Stone: Interview Your Potential Boss Without Blowing It

June 30, 2010

Your old boss is gone and there’s someone in the conference room who could be your next boss. Later that day, you are scheduled for a one-hour interview with him or her and you’re nervous about how it will go. Yes, technically you’re interviewing them, but in a very real sense they’re sizing you up. It’s important that you get your questions answered, but also important to make a good impression. Here’s what to find out: Their Style – What is their management style? Do they like to give the overall objective and then let their employee get it done, or do they like to give very specific direction on how to do things? Do they have weekly one-on-ones? How do they help the team to work more effectively together? These questions are all excellent vehicles for ferreting out the work style and personality of your potential boss. How They Develop People – The key to your success may very well depend on how your new boss grows people and to what extent they enjoy this part of the job. Ask them for an example of how they typically help people grow. Things you want to hear are that they have a track record of giving stretch assignments, raising people’s visibility through high profile projects, attendance at key meetings, presentations to senior management and committee appointments. Also look for a boss who enjoys coaching and mentoring and who typically sends their employees to seminars, training programs and events to further their careers. Let them know what area you need to grow in and ask how they can help you. Their Best Employee – Ask them who their best employee was and why. This will be your roadmap to success with this person. Listen carefully because this will tell you what they expect from you. For example if they highlight someone on their team who consistently delivered results, but don’t mention the importance of the process when getting those results, that may mean results trump everything else. Conversely, if they describe someone whose product failed, but their processes were right, this will tell you that s/he defines success more broadly. Succession Planning – Most people are looking to advance their careers. Given this, it’s important to ask your potential boss what criteria they use for choosing their successor. If they’re looking for someone who is eager to take on some of their responsibilities, this would be good for you to know. Ask them what they do to help people get promoted. How They Set Goals – Part of your boss’s job will be to establish your goals. Ask them how they generally do this. What is the thought process behind setting goals? Do they start out with goals that people will likely achieve in order to build confidence? Are they the type that just takes last year’s number and bumps it up 10%? That might indicate they are not as creative as they could be. Do they set goals mutually with the employee? If the answer is yes, that’s good news for you as you’ll have input on how you will be measured. Are they flexible – changing the goals when the situation warrants? This is another question you’d like to hear them answer “yes” to. Keep Things Positive – When answering questions about how you feel about your job, the people you work for and the company as a whole, focus on the positives. If there is a negative you feel should be mentioned, position it as an area of opportunity. After all, the company you work for is a decent place to work or else you wouldn’t be there. Sometimes the mere thought of interviewing your potential boss can make your stomach churn. It may help to remember that you both have the same goal: to make a good impression and to find out if you’d work well together. Use the time you have to best advantage by focusing on what’s most important to you. Your potential boss will appreciate your preparation and you’ll walk away feeling like you have a good sense of how they would be to work for. Fred & Gladys Whelan Stone Executive Search and Coaching Authors of GOAL! Your 30 Day Career Plan for Business & Career Success

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Fred Whelan and Gladys Stone: Interview Your Potential Boss Without Blowing It

June 30, 2010

Your old boss is gone and there’s someone in the conference room who could be your next boss. Later that day, you are scheduled for a one-hour interview with him or her and you’re nervous about how it will go. Yes, technically you’re interviewing them, but in a very real sense they’re sizing you up. It’s important that you get your questions answered, but also important to make a good impression. Here’s what to find out: Their Style – What is their management style? Do they like to give the overall objective and then let their employee get it done, or do they like to give very specific direction on how to do things? Do they have weekly one-on-ones? How do they help the team to work more effectively together? These questions are all excellent vehicles for ferreting out the work style and personality of your potential boss. How They Develop People – The key to your success may very well depend on how your new boss grows people and to what extent they enjoy this part of the job. Ask them for an example of how they typically help people grow. Things you want to hear are that they have a track record of giving stretch assignments, raising people’s visibility through high profile projects, attendance at key meetings, presentations to senior management and committee appointments. Also look for a boss who enjoys coaching and mentoring and who typically sends their employees to seminars, training programs and events to further their careers. Let them know what area you need to grow in and ask how they can help you. Their Best Employee – Ask them who their best employee was and why. This will be your roadmap to success with this person. Listen carefully because this will tell you what they expect from you. For example if they highlight someone on their team who consistently delivered results, but don’t mention the importance of the process when getting those results, that may mean results trump everything else. Conversely, if they describe someone whose product failed, but their processes were right, this will tell you that s/he defines success more broadly. Succession Planning – Most people are looking to advance their careers. Given this, it’s important to ask your potential boss what criteria they use for choosing their successor. If they’re looking for someone who is eager to take on some of their responsibilities, this would be good for you to know. Ask them what they do to help people get promoted. How They Set Goals – Part of your boss’s job will be to establish your goals. Ask them how they generally do this. What is the thought process behind setting goals? Do they start out with goals that people will likely achieve in order to build confidence? Are they the type that just takes last year’s number and bumps it up 10%? That might indicate they are not as creative as they could be. Do they set goals mutually with the employee? If the answer is yes, that’s good news for you as you’ll have input on how you will be measured. Are they flexible – changing the goals when the situation warrants? This is another question you’d like to hear them answer “yes” to. Keep Things Positive – When answering questions about how you feel about your job, the people you work for and the company as a whole, focus on the positives. If there is a negative you feel should be mentioned, position it as an area of opportunity. After all, the company you work for is a decent place to work or else you wouldn’t be there. Sometimes the mere thought of interviewing your potential boss can make your stomach churn. It may help to remember that you both have the same goal: to make a good impression and to find out if you’d work well together. Use the time you have to best advantage by focusing on what’s most important to you. Your potential boss will appreciate your preparation and you’ll walk away feeling like you have a good sense of how they would be to work for. Fred & Gladys Whelan Stone Executive Search and Coaching Authors of GOAL! Your 30 Day Career Plan for Business & Career Success

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Video: Holtz-Eakin Discusses AIG’s Internal Risk Management: Video

June 30, 2010

June 30 (Bloomberg) — Douglas Holtz-Eakin, a member of the Financial Crisis Inquiry Commission, talks with Bloomberg’s Megan Hughes about former American International Group Inc. executive Joseph Cassano’s testimony before the commission. AIG, once the world’s largest insurer, received a 2008 bailout designed to protect banks that bought $62.1 billion in swaps from the firm. The FCIC is reviewing decisions that led to the New York-based insurer’s rescue. (Source: Bloomberg)

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Richard Zombeck: Scott Brown Has Put the People’s Seat Up For Sale

June 30, 2010

Now that Scott Brown has managed to score the same backroom deals he opposed during his campaign run for Senator of Massachusetts he’s threatening to vote against the financial reform bill he’s said he was for. Sound confusing? It really isn’t when you consider Brown is among the top five congressional recipients of “contributions” from the finance/insurance/real estate industry. An impressive rank to have achieved compared to the other four who have spent years in the Senate. The usual story of Scott Brown’s election to the Senate in MA is that he was put there to kill health care reform. But all the money he’s getting from the finance industry makes it clear that they may be hoping he will also be the 41st Republican to kill financial reform. According to his profile on OpenSecrets.org all of his top campaign contributors are financial companies. In April of this this year, Brown was asked for his opinion on the financial regulatory reform bill. ” I can’t support it ,” he said. When asked what areas he thought should be fixed, he replied: “Well, what areas do you think should be fixed? I mean, you know, tell me. And then I’ll get a team and go fix it,” he said, talking to a reporter who wanted to know what kind of changes he hoped to see. Brown said one of his main concerns is that the legislation is “going to be an extra layer of regulation,” which is true. That’s the point of the legislation. The financial industry nearly destroyed the global economy as a result of lacking regulation. That’s why this legislation is being argued: to bring oversight and accountability through regulation. Brown went on to say that he finds the notion of a Consumer Financial Protection Agency problematic because “it’s more government.” He added, “Is that good? … If it’s an area we need to fix, then I’m certainly open to it. But I haven’t heard that that’s the biggest thing that’s problematic with it.” Sen. Dick Durbin (D-Ill), has been quoted repeatedly as saying, “And the banks — hard to believe in a time when we’re facing a banking crisis that many of the banks created — are still the most powerful lobby on Capitol Hill. And they frankly own the place.” Brown, who has, by his own admission, carved out deals for Fidelity Investments, State Street, and MassMutual, among other Massachusetts based financial institutions can’t make Durbin’s point any clearer. In addition he’s argued for major loopholes in the Volker Rule that would allow firms to continue to gamble with taxpayer-backed capital. In the meantime, Brown recently blocked a bill extending unemployment. As a result of this vote 1.2 million people lost access to the extended unemployment benefits. Several hundred thousand are being added to that number every week. Fifty million Medicare claims from June are currently in process at the reduced rate, according to AARP. The Center on Budget and Policy Priorities estimates that dropping the $24 billion in aid to states will lead to cuts in services and thousands of layoffs, and that spending cuts to close states’ aggregate budget shortfall  in 2011 would lead to 900,000 public- and private-sector layoffs. On a Tuesday morning WBUR interview with Deborah Becker, Barry Bluestone , dean of the School of Social Sciences, Urban Affairs and Public Policy at Northeastern University, speculated that over two million people will be without benefits once the program expires. According to Bluestone, 10,000 people will lose crucial funds every week in Massachusetts alone. This decision sparked a rally on Monday in front of his Boston office by an estimated 500 protester representing dozens of activist, education, and labor organizations urging Brown to stop blocking a vote on the FMAP bill, containing $700 Million in federal relief. “Let Senator McConnell, let Senator Collins, let Senator Brown and every other Republican explain why one of their own constituents doesn’t deserve to keep their job, shouldn’t be able to send their kid to college, can’t put food on their table without maxing out their credit cards,” said Lori Lodes an employment and labor activists with SEIU. “Rooting against America, Republicans are taking pride in keeping families out of work as their only strategy for winning elections.” Brown’s latest argument and rhetoric when it comes to financial reform is that the fees and assessments that the bill requires banks to pay amount to a tax and that he has vowed never to vote for a tax increase. Of course when Massachusetts residents voted for him they were assuming he meant their taxes, not those of Wall Street. Statements like those make it apparent that Brown is no less confused by financial reform than he was in April during an interview with the Boston Globe or when I and other Bay-State activists met with his staffer Nat Hoopes in D.C. and were told the only things in the bill Brown was opposed to was the so called “slush fund” in respect to the resolution authority designed to ensure that the banks themselves – not the taxpayers will have to pay for future failings. Now, according to Brown, it’s a “tax”. Brown and others in the GOP can call it a tax as much as they want. The truth, which they seem to conveniently avoid, is that it is a fee of $3-4 Billion per year (less than 10 percent of their yearly bonuses) to be collected until the sum reaches $20 Billion. After 25 years the fund would go towards the deficit. A small price to pay for an $800 billion tax-payer bailout and having almost brought the world economy to its knees. Any time someone alludes to Brown having filled or taken Sen. Ted Kennedy’s seat, Brown quickly responds coyly with, “it’s the people’s seat.” It’s become apparent that the people’s seat is for sale.

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Richard Zombeck: Scott Brown Has Put the People’s Seat Up For Sale

June 30, 2010

Now that Scott Brown has managed to score the same backroom deals he opposed during his campaign run for Senator of Massachusetts he’s threatening to vote against the financial reform bill he’s said he was for. Sound confusing? It really isn’t when you consider Brown is among the top five congressional recipients of “contributions” from the finance/insurance/real estate industry. An impressive rank to have achieved compared to the other four who have spent years in the Senate. The usual story of Scott Brown’s election to the Senate in MA is that he was put there to kill health care reform. But all the money he’s getting from the finance industry makes it clear that they may be hoping he will also be the 41st Republican to kill financial reform. According to his profile on OpenSecrets.org all of his top campaign contributors are financial companies. In April of this this year, Brown was asked for his opinion on the financial regulatory reform bill. ” I can’t support it ,” he said. When asked what areas he thought should be fixed, he replied: “Well, what areas do you think should be fixed? I mean, you know, tell me. And then I’ll get a team and go fix it,” he said, talking to a reporter who wanted to know what kind of changes he hoped to see. Brown said one of his main concerns is that the legislation is “going to be an extra layer of regulation,” which is true. That’s the point of the legislation. The financial industry nearly destroyed the global economy as a result of lacking regulation. That’s why this legislation is being argued: to bring oversight and accountability through regulation. Brown went on to say that he finds the notion of a Consumer Financial Protection Agency problematic because “it’s more government.” He added, “Is that good? … If it’s an area we need to fix, then I’m certainly open to it. But I haven’t heard that that’s the biggest thing that’s problematic with it.” Sen. Dick Durbin (D-Ill), has been quoted repeatedly as saying, “And the banks — hard to believe in a time when we’re facing a banking crisis that many of the banks created — are still the most powerful lobby on Capitol Hill. And they frankly own the place.” Brown, who has, by his own admission, carved out deals for Fidelity Investments, State Street, and MassMutual, among other Massachusetts based financial institutions can’t make Durbin’s point any clearer. In addition he’s argued for major loopholes in the Volker Rule that would allow firms to continue to gamble with taxpayer-backed capital. In the meantime, Brown recently blocked a bill extending unemployment. As a result of this vote 1.2 million people lost access to the extended unemployment benefits. Several hundred thousand are being added to that number every week. Fifty million Medicare claims from June are currently in process at the reduced rate, according to AARP. The Center on Budget and Policy Priorities estimates that dropping the $24 billion in aid to states will lead to cuts in services and thousands of layoffs, and that spending cuts to close states’ aggregate budget shortfall  in 2011 would lead to 900,000 public- and private-sector layoffs. On a Tuesday morning WBUR interview with Deborah Becker, Barry Bluestone , dean of the School of Social Sciences, Urban Affairs and Public Policy at Northeastern University, speculated that over two million people will be without benefits once the program expires. According to Bluestone, 10,000 people will lose crucial funds every week in Massachusetts alone. This decision sparked a rally on Monday in front of his Boston office by an estimated 500 protester representing dozens of activist, education, and labor organizations urging Brown to stop blocking a vote on the FMAP bill, containing $700 Million in federal relief. “Let Senator McConnell, let Senator Collins, let Senator Brown and every other Republican explain why one of their own constituents doesn’t deserve to keep their job, shouldn’t be able to send their kid to college, can’t put food on their table without maxing out their credit cards,” said Lori Lodes an employment and labor activists with SEIU. “Rooting against America, Republicans are taking pride in keeping families out of work as their only strategy for winning elections.” Brown’s latest argument and rhetoric when it comes to financial reform is that the fees and assessments that the bill requires banks to pay amount to a tax and that he has vowed never to vote for a tax increase. Of course when Massachusetts residents voted for him they were assuming he meant their taxes, not those of Wall Street. Statements like those make it apparent that Brown is no less confused by financial reform than he was in April during an interview with the Boston Globe or when I and other Bay-State activists met with his staffer Nat Hoopes in D.C. and were told the only things in the bill Brown was opposed to was the so called “slush fund” in respect to the resolution authority designed to ensure that the banks themselves – not the taxpayers will have to pay for future failings. Now, according to Brown, it’s a “tax”. Brown and others in the GOP can call it a tax as much as they want. The truth, which they seem to conveniently avoid, is that it is a fee of $3-4 Billion per year (less than 10 percent of their yearly bonuses) to be collected until the sum reaches $20 Billion. After 25 years the fund would go towards the deficit. A small price to pay for an $800 billion tax-payer bailout and having almost brought the world economy to its knees. Any time someone alludes to Brown having filled or taken Sen. Ted Kennedy’s seat, Brown quickly responds coyly with, “it’s the people’s seat.” It’s become apparent that the people’s seat is for sale.

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