September 2011

Man That Wrote A Book About Tax Evasion Convicted

September 16, 2011

A former Littleton, Colo. resident, Donald Turner (also known as Donald Wood), has been found guilty of conspiring to defraud the Internal Revenue Service, CBSDenver reports . According to a Department of Justice press release , Turner wrote and promoted a book entitled “Tax Free! How the Super Rich Do It,” a program that shows readers how to avoid paying federal income tax. And that’s just what Daniel Leveto, a Meadville, Pa., veterinarian did — he purchased one of Turner’s programs in 1991 and followed the instructions. Leveto sold his veterinary business to an alleged offshore entity called Center Company to hide the income from the IRS. However, Leveto actually retained control over the veterinary business. For which, Leveto was convicted in 2005 and sentenced to nearly four years in prison, 7News reports . GoErie reports that Turner, who was indicted along with Leveto in 2001, turned himself in to federal authorities in 2010. Turner now faces up to five years in prison and a $250,000 fine. His sentence hearing is scheduled for January 2012, according to The Denver Post .

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Boeing scrubs planned first delivery of 747-8F

September 16, 2011

By Kyle Peterson (Reuters) – Boeing Co on Friday said it would not make the planned first delivery of its 747-8 Freighter to Cargolux on Monday, citing “unresolved issues” with the airline. The plane-maker, which had planned three days of celebrations to mark the long-awaited first delivery, did not disclose the problem and referred questions to the customer. A Cargolux spokeswoman was unreachable by phone and did not immediately respond to an e-mailed request for comment. Boeing spokesman Jim Proulx said the plane-maker was working with Cargolux to resolve the issues. He declined to say how the snag would affect the 747-8F delivery schedule. “We are working with our customer to determine a date for delivery,” Proulx said. Boeing, the world’s second-largest airplane maker, was set to make first delivery of the freighter version of its elongated 747 to a customer on Monday, marking the start of a new chapter in the life of the aircraft that has been Boeing’s most recognizable plane for decades. Cargolux, Europe’s largest all-cargo airline, was scheduled to take possession of the 747-8 Freighter amid celebrations at Boeing’s assembly plant in Everett, Washington. While Boeing declined to identify the source of the friction with Cargolux, aviation experts suspected the dispute was over performance guarantees related to fuel consumption of the General Electric engines. The 747-8 features GE’s GEnx-2B67. “The performance problems were well known and they were supposed to be addressed by Boeing and GE,” said Adam Pilarski, senior vice president at AVITAS, an airline consulting company that also works with aircraft lessors and lenders. Pilarski said he had no first-hand knowledge of the matter, but he said the issue probably had been percolating for some time. He said customers sometimes request financial compensation if they believe an airplane will not live up to their expectations. Pilarski said he thinks the issue could be resolved within weeks and that Cargolux will still be the first 747-8 customer. “It will be resolved with financial conditions,” he said. “Right now they are playing chicken.” The 747 was the world’s largest airplane until 2005, when EADS unit Airbus unveiled its A380. Boeing has taken 78 orders for the 747-8 Freighter, which lists at $319.3 million, according to the company’s web site. Boeing also is testing a passenger version of the updated 747-8, dubbed the Intercontinental, which it plans to deliver in the fourth quarter to an unidentified VIP customer. The upgraded 747 promises to burn less fuel, and the passenger version offers more comforts. The plane also boasts new wings, a new tail, state-of-the-art engines and a new cockpit. Production of the 747-8 has been delayed by more than a year, as has the mid-sized 787 Dreamliner, a carbon-composite plane, which represents a bigger leap in technology than the revamped 747-8. The 787 is set for first delivery to All Nippon Airways on September 26. (Reporting by Kyle Peterson in Chicago, editing by Bernard Orr)

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Analysis: Wary retailers play safe with holiday hiring

September 16, 2011

By Dhanya Skariachan NEW YORK (Reuters) – People looking for a temporary retail job this holiday season will have better luck at dollar stores and discounters than at department stores and middle market apparel chains, as the anemic U.S. economy keeps other retailers cautious. Discounter Target Corp , which hired more than 92,000 seasonal workers last year, and home shopping channel QVC Inc are among the few that plan to hire more temporary workers. “The biggest area (of hiring) will be in the discounters, who will have new shoppers in their stores who are moving down from the middle market. The upper end seems to be fairly stable, but it is the middle end of the spectrum that I think will be very minimalist in their hiring,” said John Challenger, chief executive of global outplacement firm Challenger, Gray & Christmas. Chains including J.C. Penney , Kohl’s , GameStop , Toys R Us and Crate & Barrel told Reuters they plan to hire roughly the same number of seasonal workers as last year. “They are being very conservative because they just don’t know what to expect,” Elizabeth Moughan, senior manager of retail and hospitality marketing at Kronos, said. “There was a little bit of false optimism for a while.” But that was earlier this year, before fear of the slowing U.S. economy took hold. Consumer spending accounts for almost 70 percent of the economy. “If you had asked me 4-5 months ago, I think they were much more optimistic,” Challenger said, referring to retailers. “We have now had consecutive quarters where the GDP has been revised downwards.” A quarter of the retailers surveyed by the Hay Group said they were hiring fewer seasonal workers this year, while more than two-thirds see seasonal hiring at the same level as last year. Only 10 percent plan to hire more. The survey included responses from chains including Charlotte Russe, Coldwater Creek , DSW , Macy’s , Michael’s Stores and Pier 1 . For a graphic on holiday hiring, click http://r.reuters.com/nex73s More than a quarter of Americans surveyed by America’s Research Group said they planned to spend less this holiday season. In addition to hard-to-please shoppers, retailers face rising costs of cotton and other raw materials, forcing them to find other ways to save money. “They are … looking to sell a lot more product with less promotion and probably with less inventory, which means less product in the store, which means you need less people to help push the product through the store,” Craig Rowley, vice president of Hay Group’s retail practice, said. A bigger push to sell online is another reason why retailers are seeking fewer temporary workers in stores during the biggest selling season of the year, retail experts said. “E-commerce is rocking and rolling, and more and more customers are willing to go online to do their shopping, and more and more retailers are creating a very effective ecommerce strategy,” Rowley said. “That is taking some of the sales out of the stores.” Nineteen percent of chains said they will hire fewer seasonal staffers in stores this year due to the increase in their online sales, Hay Group said. This decline may be offset by the 19 percent that say they will hire more seasonal workers in distribution centers to support the uptick in online orders. LAST MINUTE HIRING Many chains will delay holiday hiring because they can afford to do it. “Retailers will have the luxury of being very choosy about who they hire because there will be many who want those jobs,” Challenger said. “Many retailers wait until they see people in their stores.” “In the past, people would double their staff levels for holiday shopping. We are just not seeing them do that,” said Becca Dernberger, vice-president of Manpower’s Northeast Division. “There is a wait and see approach.” Merchants agreed. “Over the last two years, we have hired seasonal workers a bit later than in previous years,” Melissa Childers, manager of corporate recruitment at Crate & Barrel, said. Merchants have also becoming better at finding other ways to get work done. “Retailers manage not just the headcount but the hours that they use,” Daniel Butler with the National Retail Federation said, adding that many chains now have “floater staff.” “From time to time, they are not on their regular staff, they don’t show up on the regular schedules but they come and work holidays and big promotions and help cover vacations, kind of on an on-call basis,” Butler said. (Reporting by Dhanya Skariachan, Phil Wahba, Liana Baker in New York and Jessica Wohl in Chicago; Editing by Richard Chang)

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Alabama County Narrowly Avoids Largest Municipal Bankruptcy In U.S. History

September 16, 2011

BIRMINGHAM, Ala. (Melinda Dickinson and Matthew Bigg) – Alabama’s Jefferson County voted Friday to accept a provisional deal to settle its $3.14 billion sewer bond debt and avoid what would be the largest municipal bankruptcy in U.S. history. The deal marks a turning point for Alabama’s most populous county which since 2008 has teetered on the edge of a bankruptcy that would have surpassed that filed by Orange County, California, in 1994. The County Commission voted 4-1 in executive session to accept the main terms of a deal it had previously thrashed out with creditors, who include JPMorgan Chase & Co. But fulfilling the deal’s terms depends in part on the state legislature and the county reserved the right to file for bankruptcy under certain circumstances, commissioners said. “Remember that this is only a framework. We have to take this framework and create a definitive document,” commission president David Carrington told reporters after the vote. “Every creditor has to sign off, then the county has to vote to accept it,” Carrington said, in a reference to divisions among creditors that have played a role in hindering a definitive resolution of the debt. In a sign of continued uncertainty, commissioners Joe Knight and Jimmie Stephens voted for the framework deal but later said they were unhappy with its terms and wanted more concessions from creditors. Even so, Friday’s vote reduces the chances that the biggest county in Alabama will rattle the $3.7 trillion U.S. municipal debt market and damage the state’s reputation for fiscal health with a major Chapter 9 filing. Alabama Governor Robert Bentley became increasingly involved in recent talks, putting pressure on commissioners to delay a bankruptcy decision until they secured better terms. “It may have been easier for the Commission to file for bankruptcy but this settlement will result in a much better deal for the ratepayers and citizens of Jefferson County and for the state,” Bentley said in a statement. TERMS OF THE DEAL The county’s debt escalated in the mid-2000s through a series of interest and auction rate bond deals as it sought to refinance an upgrade to its sewer system. Some 22 people have been convicted for corruption over the refinancing and the U.S. Securities and Exchange Commission sanctioned JPMorgan for its role. Under the approved deal, creditors agreed to reduce the total debt from $3.14 billion to approximately $2.05 billion. The county will also raise sewer rates by no more than 8.2 percent for each of the first three years beginning in November. Further annual increases of 3.25 percent were anticipated. That provision was in itself controversial. Residents reacted angrily in June when the court-appointed financial manager of the sewer system, John Young, said rates would be raised by 25 percent. He later shelved that increase. Commissioner George Bowman cast the sole vote against the deal saying it would consign county residents, many of whom are on low incomes, to annual rate increases for years to come. “I understand the needs of the county for revenue to fix the general fund and all of the other funds that we have but my main consideration is the impact to the ratepayers that I represent,” he told the commission. Other terms of the framework deal include: — A 40-year repayment term with 1.25 times debt service coverage — 10 percent Debt Service Reserve, half of which is to be funded by a surety bond provided by Assured Guaranty and up to $1.0 billion of bond insurance. — An assistance program for low-income residents But a key — and potentially deal-breaking — provision remains the creation by the Alabama state legislature of an independent public company. This General Utilities Services Corporation would serve as the issuer of the refinancing debt. But there is no guarantee that the proposed public company will be approved by a Republican-controlled legislature which earlier this year voted down a bill to establish a new tax for the county. Young called the agreement a “critical first step”. There was no immediate comment from creditor institutions. (Editing by Pascal Fletcher and Chizu Nomiyama) Copyright 2011 Thomson Reuters. Click for Restrictions .

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G20 will not issue communique on crisis: sources

September 16, 2011

(Reuters) – The Group of 20 leading economies will not issue a communique on the current financial crisis and the global economy after their meetings in Washington next week, Western G20 sources said on Friday. G20 finance ministers and central bankers will discuss global economic woes at a dinner on Thursday, September 22, but are not planning a statement afterward, said the sources, speaking on condition of anonymity. Finance and development ministers from the G20 and five other countries will hold a separate meeting on development on September 23. A communique on development is expected to be issued at its conclusion, but it will not deal with the broader economy. France, the G20 chair, is expected to hold a briefing for news media after the conclusion of the meeting on development. (Editing by Tim Ahmann)

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Extended Unemployment Benefits Not Turning Jobless Into Slackers: Study

September 16, 2011

Extended unemployment benefits for the long-term jobless are not a major cause of the high U.S. unemployment rate, according to a new study that comes as lawmakers debate whether to keep extended benefits beyond their slated January expiration. Many conservatives have argued that extended unemployment benefits encourage the jobless to sit on the couch instead of looking for work. Reauthorizing the benefits through next year would cost roughly $50 billion. “This economy will not recover if we’re going to continue to borrow money, put the debt on the heads of our grandchildren, and think that spending money solves anything,” Rep. Steve King (R-Iowa) said during a Thursday speech on the House floor. “We’ve got to get this country back to work and get those people out of the slacker rolls and onto the employed rolls.” Conservative economists have said extended benefits could have increased the unemployment rate by as much as 2.7 percentage points , but Jesse Rothstein of the University of California, Berkeley found otherwise. According to his analysis ( PDF ), extended benefits “raised the unemployment rate by only about 0.2–0.6 percentage points, much less than is implied by previous analyses.” And Rothstein says more than half of that increase could be caused by benefits recipients searching for jobs — thereby remaining part of the labor force — instead of just giving up on their search. (Benefits recipients must look for work to qualify.) “The evidence here thus supports the view that optimal [unemployment insurance] program design would provide for generous extensions of benefit durations in deep recessions that last until the labor market is strong enough to give displaced workers a realistic chance of finding new employment before their benefits expire,” Rothstein concluded in the report. In an interview, Rothstein said his work ought to change the course of the debate in Washington. “I wrote this paper because there are all these people arguing this was a big effect, and we just didn’t know,” Rothstein said. “What the results say is, [these people] don’t have much of a point.” HuffPost readers: Send your tale of joblessness to arthur@huffingtonpost.com . Please include your phone number if you’re willing to do an interview. In normal times people who lose their jobs through no fault of their own are eligible for six months of state-funded benefits, and in recessions since the 1950s, the federal government has always provided extra weeks of assistance. During the Great Recession, Congress gave the jobless as many as 73 weeks of aid, for a total of 99 weeks in some states — more than during any previous downturn. The federal benefits are set to expire in January. President Obama and congressional Democrats want to reauthorize the aid, but Republican leaders have been cool to the idea. The White House has added a sweetener, however, by proposing that states adopt ” Bridge to Work ” training programs that have been popular with Republicans. According to the Labor Department , more than 3.5 million long-term unemployed currently receive benefits. State and federal benefits combined kept 3.2 million people out of poverty in 2010, the Census Bureau reported on Tuesday. Arthur Delaney is the author of ” A People’s History of the Great Recession ,” HuffPost’s first e-book.

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Ben Zolno: Top 5 Ways Hippies Can Make You Rich

September 16, 2011

For some, the American dream is having a three-car-garage McMansion, a place to raise and spoil your kids, an honest, high-paying job, peace of mind and enough cash to be worry-free into an early retirement. Maybe that’s not working out so well for you if you’re trying to do it all on your own, and even if you’ve done it on your own, fulfilling your desires may be coming at the expense of others’ needs. But the economy of scale in communal living with you and your closest dozen best friends will have you dropping your jacket and tie and for a tie-dye t-shirt and flowers in your hair. Besides some of the cliches you’ll see in this satire promoting the Art of Community conference starting a week from today (September 23- 25 in California), community living has serious advantages that are looking more and more appealing to the average American feeling the hard times of the recession, especially those able to connect the dots of our daily headlines to see the future of food, oil, water and world economy. Here are the Top 5 Ways Hippies Can Make You Rich, with the life-time value of each. #1 Cheap Land Worth: $500k+ On your own, if you have only $50k to put down for a land deposit, your choices are limited. If you got together with 20 community members, you’re looking at a million bucks, just to start. That’s the choice between mortgaging a shed on an empty lot or owning several hundred acres outright in some parts of the country. With that much space and lower debt, you can build a home much larger than you’d be able to afford to otherwise. From there, you can either tend the land and preserve it for generations to come, or all work together and hope to flip it and get filthy rich, if you still have that capitalist streak in you. #2 Cheap Child Rearing Worth: $100k+ “It takes a village to raise a child… ” or if you do it on your own, it’ll take a nanny, a backyard playground with toxic herbicides that a gardener must apply monthly, putting lessons for peewee golf tournaments, and more. Intentional communities often offer collective childcare agreements, and even home-school, saving you tens of thousands of dollars on daycare and private school tuition you’d have to pay for schools that give a child such individualized attention. It allows each parent free time to get more business done or, Gaia forbid, just relax. Additionally, community living is like giving your kid dozens of aunts and uncles, who provide a wide variety of perspectives and experiences, giving your child diverse knowledge that will serve as a head start into the scholastic and, eventually, business world. If you live in a really eco-focused community, they may discuss maintaining a one-child policy, which is about the most environmentally responsible thing you can do . #3 Cheap Labor Worth: $200k+ Most intentional communities share chores, like landscaping, gardening, building upkeep and other maintenance that would cost you thousands of dollars a year in parts and labor you’d pay someone else to do for your home, so if you do your share of the work, you’re taken care of. You can, of course, do these things on your own time, when you’re not commuting to your nine-to-six job (or looking for work), not watching the kids, not paying bills, and not going to therapy because you can’t handle how crazy your life has become. Speaking of therapy… #4 Cheap Therapy Worth: $250k+ Healthy hippie communities have two shoulders to cry on for every community member, which they’re happy to loan out, as they know they have more than they’ll ever need right next door. Besides, having many of life’s economic and social needs taken care of by sharing resources and living in a less isolated atmosphere means you’re likely less prone to the varieties of depression that can take hold in the modern rat race . #5 Cash Worth: $500k+ While the vast majority of intentional communities are simply setups like cohousing , and co-ops , some are closer to what you imagine — a bunch of groovy folks growing tofu together . Why not start a community where everyone works together to make a product that can make you (and your community) real income? Of course, it’d have to be a compostable, carbon-neutral, sustainable product, and you’d have to make sure all the workers get an equal share of the cash, but you won’t mind so much — you’ll actually rejoice in the egalitarian love — because by then, you’ll have learned the value of #1 through #4, happy to have finally learned how to hop off the hamster wheel. For more info, see Art of Community , or contact the author, who lives in an intentional community just outside San Francisco, CA. Namaste.

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Seven states join effort to stop AT&T/T-Mobile deal

September 16, 2011

By Diane Bartz (Reuters) – Seven states have joined the U.S. Justice Department’s lawsuit to stop AT&T’s proposed purchase of T-Mobile USA, the Justice Department said on Friday. Attorneys general from California, Illinois, Massachusetts, New York, Ohio, Pennsylvania and Washington have signed onto the effort to stop the $39 billion deal to merge two of the four large national cellphone carriers. “We have had an excellent working relationship with a number of state attorneys general and they have provided invaluable assistance throughout our investigation,” the Justice Department said. The Justice Department says the acquisition of T-Mobile USA by AT&T would lead to higher wireless prices. AT&T said Friday it was interested in reaching a settlement that would lead to Justice Department approval, and was confident the deal would go forward. “It is not unusual for state attorneys general to participate in DOJ merger review proceedings or court filings,” said AT&T spokesman Michael Balmoris. “At the same time, we appreciate that 11 state attorneys general and hundreds of other local, state and federal officials are publicly supportive of our merger,” said Balmoris in an emailed statement. The deal would vault AT&T over Verizon Wireless, a venture of Verizon Communications and Vodafone Group Plc, into the No. 1 spot. T-Mobile USA is now owned by Deutsche Telekom AG. Sprint is the third-largest carrier. “These states would have a very big chunk of the geographic markets where DOJ has a concern about the antitrust implications of the deal,” said Robert Doyle, a former antitrust enforcer now with the private law firm Doyle, Barlow and Mazard PLLC. “On balance, it’s (the deal) in bigger trouble.” AT&T has defended the transaction, saying it would bring 5,000 overseas jobs back to the United States. AT&T has also pledged to extend high-speed Internet wireless coverage to 97 percent of all Americans. (Reporting by Diane Bartz in Washington and Sinead Carew in New York, editing by Bernard Orr)

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Last Of Fire-Weary Texans Allowed To Return Home

September 16, 2011

BASTROP, Texas — Officials say the last of thousands of central Texas residents forced to flee a massive and devastating wildfire have been allowed to return to their homes. Bastrop County Judge Ronnie McDonald said Thursday that the wildfire that burned about 50,000 square miles and killed two people is about 75 percent contained. The fire burning since Sept. 3 has destroyed nearly 1,600 homes in the area about 25 miles east of Austin. County emergency management coordinator Mike Fisher says there’s only one person whose whereabouts remain unknown. But he says friends told officials the man might have traveled to Arizona several weeks ago. Spokeswoman April Saginor says the weather outlook for further containing the fire over the next few days is encouraging across Texas, including even the possibility of rain.

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U.S. Household Wealth Falls In Spring For First Time In Year

September 16, 2011

WASHINGTON — Americans’ wealth fell this spring for the first time in a year. Falling stocks and investments made many slightly poorer, a trend that worsened this summer. Household net worth declined 0.3 percent to $58.5 trillion in the April-June quarter, according to a Federal Reserve report released Friday. That followed three straight quarterly increases. The value of Americans’ stock portfolios fell 0.5 percent to $8.9 trillion in the second quarter. Home values dropped 0.4 percent to just under $16.2 trillion. At the same time, corporations grew wealthier. They held a record $2 trillion at the end of June, an increase of 4.5 percent from the January-March quarter. Overall, household wealth, which mostly consists of home equity, stock portfolios, and other savings, has risen 15 percent since the recession officially ended in June 2009. The main reason for that is one of the fastest bull markets in history. Stocks have doubled in value over the past two years, according to the S&P 500 index. But Americans’ wealth has taken a hit since the second quarter. The S&P index has tumbled 11 percent since its April peak, and 8 percent since the end of the quarter. That could cause household net worth to drop further in the July-September quarter. When combined with falling incomes and shrunken home values, many Americans feel poorer and have less to spend. That could slow an already-weak economy because consumer spending accounts for 70 percent of economic activity. Stock portfolios make up about 15 percent of Americans’ wealth. That’s less than housing but ahead of bank deposits, according to the Fed’s report. An estimated 88 percent of people with 401(k) retirement savings plans now have more money in their accounts than they did at the 2007 market top, according to Jack VanDerhei of the Employee Benefit Research Institute in Washington. That’s largely because of workers’ continued contributions to their accounts over the past four years. Eighty percent of stocks belong to the richest 10 percent of Americans, who also account for a disproportionate amount of consumer spending. The richest 20 percent represent about 40 percent of consumer spending. The likely drop in wealth comes at the same time that incomes are stagnating, particularly for middle-income households. Average household income, adjust for inflation, fell 6.4 percent last year from 2007, the year before the recession, the Census Bureau said earlier this week. And home values have fallen sharply since the recession. That has left many people with less equity in their homes. Most economists expect home prices to fall further, as banks resume foreclosing on millions of homes with past-due mortgages. Many foreclosures have been delayed because of a government investigation into mortgage lending practices. The Fed’s quarterly report documents wealth, debt and savings for corporations, governments and households. It covers most of the financial transactions that take place in the United States.

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Jeff Reeves: 3 Years After Lehman Brothers Collapsed, and We Haven’t Learned a Friggin’ Thing

September 16, 2011

On Sept. 15, 2008, the world learned a debt-riddled Lehman Brothers would be no more. The Dow dropped more than 500 points that day, and a month later the index was off about 25 percent. And that was only the beginning. The corporate carnage that followed doesn’t deserve rehashing, since nearly every investor has a personal point of outrage. There was a death sentence for dividends, including a 68 percent cut in General Electric (GE). There was the race to the bottom in the entire financial sector, with American International Group (AIG) plunging 90 percent in seven trading days that fall. The list goes on. Three years removed from one of the most market-moving events in the history of Wall Street, a casual observer might think that the chaos after Lehman redefined how the global economy functions. By now, we should have made meaningful progress at fixing this mess and protecting against future abuses, right? Don’t fool yourself. Our global economy is hardly safer or stronger, the key players in the financial crisis have walked away without consequence, and our politicians have seemingly learned nothing from deep losses we’re still trying to gain back. Fat Cats Still Getting Away With It One of the most galling facts about Lehman’s bankruptcy was that it was preventable, as it went from one of the best stocks to one of the worst. I’m not talking about how the company should have refused to lever up 20 or 30 times over on subprime mortgage investments. I refer to the lack of a simple handshake between a buyer and Lehman Brothers’ fat cat CEO Dick Fuld. Fuld stubbornly refused offers up until the very end, either out of ego or a naïve conviction that his company was worth more than suitors were offering. Those potential investors that could have saved the company included Barclays (BCS), the state-run Korea Development Bank and even the saintly Warren Buffett. According to now-famous reports , Buffett apparently told Dick Fuld that if he was going to plow a few billion into the bank, he wanted Lehman executives to invest under the same terms. Fuld refused. Understandably, Buffett wanted nothing to do with a company where management didn’t have the same skin in the game — and he took his funds instead to Goldman Sachs (GS), where he made a lucrative $5 billion buy-in. And that’s just one story. As put by fellow banker William Smith, CEO of Smith Asset Management in New York, “Dick Fuld really blew it. How many opportunities did he have to sell Lehman?” Smith should know. He started his career in 1991 at then-named Shearson Lehman Brothers before starting his own firm. The epilogue to this tale is even more outrageous. Dick Fuld walked away with $484 million in salary, bonuses and stock options earned from 2000 to the 2008 collapse of Lehman — though in Congressional hearings , he lamented that because of Lehman’s demise, his actual holdings were “only” $350 million. That included a $22 million bonus in March, just six months before the company disappeared forever. Yet no civil or criminal penalties have been levied against Fuld and his ilk. In fact, just this week Lehman executives had the audacity to petition a bankruptcy judge to release $90 million in insurance funds from the defunct bank so they can settle fraud allegations brought by investors. That’s right — Fuld walks away with hundreds of millions of dollars while driving Lehman into the ground, but he wants a judge to pick through the wreckage of the bankrupt company to satisfy investors who lost everything — protecting his own personal pocketbook in the process. It’s sickening. It’s unjust. And unfortunately, because Fuld got away with this, it surely will happen again. Greece Could Be Lehman 2.0 In 2007, the idea of a 150-year-old investment bank worth $60 billion one day and worth zero 19 months later seemed patently absurd. But it happened. And more recently, bankruptcy in one-third of the eurozone seemed equally ridiculous. But that’s what we now face. The so-called PIIGS of the euro zone — Portugal, Ireland, Italy, Greece and Spain — make up 135 million of the currency union’s 300 million residents. The nations also account for roughly $4.5 of the $12.5 billion in nominal GDP for the eurozone, according to recent World Bank figures. All of these nations are facing serious debt trouble, and the sad reality is that “contagion” is more than a buzzword. If one domino falls with Greece defaulting on its debt, the rest could soon follow as panic sets in and credit is refused to the rest of the troubled PIIGS states. Germany would be stupid to abandon Greece because of this possibility, but that doesn’t mean a Greek default won’t happen. Consider that credit default swaps on Greek debt were as high as 3,500 basis points last Friday — and that it costs $5.6 million up front and $100,000 annually to insure $10 million of Greek debt for five years. The market clearly sees the threat of a breakdown as very real. The $50 billion or so in Greek debt on the books at European banks is only the beginning. A chilling effect of bad debt is as bad or worse as the headline losses. Lenders shut down. The flow of money in the global economy slows to a crawl. Trust erodes and uncertainty soars, which only sends us deeper into the cycle. Sound familiar? That credit freeze is exactly what happened after Lehman. Yes, the brutal reality of the mortgage meltdown had started a slow bleed in early 2008, and the shotgun wedding of Bear Stearns and JPMorgan Chase (JPM) was alarming. But it was semi-orderly, backed by the faith and credit of the government. (For what it’s worth, the market actually rallied after the Bear Stearns sale — in part because the Federal Reserve Bank of New York stepped into the breach to help provide financing for the deal and prevent Bear Stearns from just evaporating. Investors felt like the government had their back). We need Germany to step into the breach this time. But recent hard-line talk from German prime minister Angela Merkel and growing outrage from beleaguered taxpayers shows Europe may not have learned anything from the crash of Lehman and the resulting credit crisis that followed. Let’s hope Greece doesn’t turn into a painful sequel to the credit freeze incited by the Lehman Brothers failure. In the meantime, I’m not taking any chances — I’m hiding out in crash-proof investments until the dust clears. U.S. Debt and High Unemployment Are Secondary Issues Lest we point too many fingers at the antics overseas, it’s worth noting that the political behavior in America has been equally irrational. Somehow the tenor of our economic discussion has moved away from a troubled financial system to unemployment and now to government spending. The issues are very closely related, so it’s understandable how we went down this road. But until we address the root cause and restore healthy lending, we will never fix the jobs or the debt issues. Conservatives seem to think that the national debt is the defining issue of our time. However, any logical person can see that the economic downturn dramatically ate into tax receipts — and the quickest and most effective fix would be to get the economy running again, not to rewrite the tax code. The president’s renewed focus on jobs is better for the economy but still misses the point. In my full critique of what the GOP will approve and what they’ll stonewall in the president’s jobs plan, I point to some encouraging ideas — but none of them materially change the current crisis. It’s nice to have more school teachers or construction workers collecting a paycheck, but it’s pointless unless stimulus spending props up mortgages and business lending. Smaller classroom sizes won’t fix the housing market. A freshly paved road doesn’t pay taxes or hire employees. In short, the credit crisis will continue as banks suffer under the weight of lingering subprime loans and see sluggish performance in “core” lending to Americans who are using credit wisely and responsibly. Without good debt to offset bad debt, our economy is doomed. Credit is not evil and has been unfairly maligned in this mess. How soon we forget the 2006 Nobel Peace Prize that was awarded to micro-lending pioneers . Millions of poor Bangladeshi women bettered themselves with loans of as little as $100, using it to buy everything from cows to cell phones in order to start their own businesses. Without responsible use of credit, they never would have had access to a better life. It’s worth reiterating that this was a peace prize, not a prize for economics. There is no greater example to show the importance of a functional credit market — characterized by both honest lending and responsible borrowing — to raise both the wealth of a nation and the quality of life there. Americans need loans to start businesses, go to college, buy homes, protect themselves in times of crisis and countless other things. The nation needs to relearn how to use debt as a tool to build and protect wealth, not destroy it. Juicing jobs numbers or slashing federal spending is nice. But until our nation and our financial system can generate loans, our economy is no better than it was three years ago when Lehman rocked Wall Street. Write Jeff at editor@investorplace.com.

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Suspicious trades probed on Wall Street: regulator

September 16, 2011

By Jonathan Spicer NEW YORK (Reuters) – A Wall Street regulator said industry complaints about market manipulation and trade reporting have spiked this year, raising questions about the adequacy of banks’ internal controls over their traders. Gene DeMaio, of Financial Industry Regulatory Authority (FINRA), said on Wednesday that his group is still investigating these complaints. On Thursday, UBS AG said a rogue trader, who was later charged in London with fraud, will cost it $2 billion in the third quarter. The loss highlights the extent to which some banks still cannot police their traders. FINRA has received complaints this year about banks’ audit systems, canceled orders, and brokers misrepresenting whether orders were on behalf of customers, DeMaio said. “These are areas that for a long time we were not receiving complaints in, and all of a sudden this past year it’s really spiked up,” DeMaio, senior vice president in FINRA’s market regulation unit, told a FIA options industry conference. “We’ve been getting a lot of complaints about … manipulation — the possibility that somebody is manipulating equity to advantage their option position,” he said. The UBS rogue trading case could intensify pressure on regulators to ferret out wrongdoing. In the United States, it will also put more pressure on rulemakers to craft tough regulations as they implement the Volcker rule, a part of the 2010 Dodd Frank financial oversight law that limits banks from betting their own money in financial markets. FINRA has made stopping manipulation a priority the last couple of years. The regulator, funded by the financial services industry, monitors trading and reports to the U.S. Securities and Exchange Commission. “We’re seeing a large number of order misrepresentations, we’re seeing problems with our audit trail,” DeMaio said, adding some brokerages have identified orders as customer orders when in fact they originated from the firm itself. FINRA has asked firms if they have seen some of the problems internally, and whether they’ve taken steps to address them, DeMaio added. Underlining the complexity of policing financial markets, FINRA and the SEC this year took the unprecedented step of asking banks, hedge funds and other high-frequency traders for their algorithmic codes, in order to better understand their trading strategies. BONA FIDE MARKET-MAKER At the FIA conference, DeMaio helped clarify what regulators consider to be “market making,” a key question as the SEC comes up with new obligations for high-frequency traders, and as regulations are crafted for the Volcker rule. DeMaio offered a broad definition of market making, and stressed the need for such firms to consistently provide tradeable quotes, adding, “we try to err on the side of saying somebody is a bona fide market maker.” Market makers buy and sell securities and other instruments from customers. Many dealers fear that the Volcker rule will prevent them from performing market making duties beyond what is specifically tied to customer needs. Exchanges have varying definitions for market making, adding to confusion about which activities will be allowed under the rule. DeMaio’s comments could indicate U.S. regulators are considering a loose definition of market making, which may be good for banks, though it is too early to tell. DeMaio said FINRA looks for consistent quoting activity on both sides of the market — not just “speculative short selling” — and at how close the quotes are to the current stock price, when it decides whether a firm is a bona fide market maker. A broad definition may also bring more high-frequency trading firms under new rules the SEC is considering for market makers. The agency has said it may add obligations and privileges to such firms to ensure they continue to trade in market crises like last year’s “flash crash.” “What we don’t want to do is take the stance that somebody is not a bona fide market maker when they are really trying to get liquidity into the market,” FINRA’s DeMaio said. “That’s really what we’re looking to see: did you add liquidity?” (Reporting by Jonathan Spicer; additional reporting by Ann Saphir in Chicago; Editing by Tim Dobbyn)

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Peter Levine: Could Civic Engagement Be the Key to Economic Success?

September 16, 2011

Since 2006, unemployment has risen by 10 points in Nevada but just one point in North Dakota. Such differences matter deeply for people’s lives, and we need to understand the underlying reasons. The obvious place to look is economic conditions. A Goldman Sachs study in August found that the only factors that mattered were the extent of the housing bubble (more was worse), the size of the state’s oil and gas industry (more was better), and the proportion of its workforce in high-skilled professional jobs (higher was better). My colleagues and I are concerned about civic engagement : voting, volunteering, belonging to and leading groups, attending meetings, and working with fellow citizens to address problems. Those activities are now measured annually by the federal Current Population Survey. So we included them in a statistical model along with major eight economic factors to see what explained changes in unemployment best. We found that the civic measures were strongly related to changes in employment from 2006-2010, but none of the economic factors was associated with employment to a statistically significant degree. Please see Civic Health and Unemployment: Can Engagement Strengthen the Economy , released today by CIRCLE at Tufts University, the National Conference on Citizenship, the Saguaro Seminar at Harvard, Civic Enterprises, and the National Constitution Center. In short, the more civic engagement, the less unemployment. Particularly valuable forms of engagement seemed to include volunteering, working with neighbors, group membership, meeting attendance, registering to vote, serving as a group officer, and contacting public officials. The main focus in the report is on states, but more limited evidence from metropolitan areas finds the same patterns at that level as well. The report carefully notes that we cannot tell for sure whether civic engagement lowers unemployment; other explanations are explored. However, the statistical relationships are notably strong and deserve much more attention by economists, policymakers, and the public. The statistical analysis itself cannot explain why civic engagement may be an important factor in avoiding unemployment, but other research lends support for several hypotheses: Participation in civil society can develop skills, confidence, and habits that make individuals employable and strengthen the networks that help them to find jobs People get jobs through social networks (online and offline) Participation in civil society spreads information relevant to investors and workers Participation in civil society is strongly correlated with trust in other people, and people who trust others are more likely to invest and hire Communities and political jurisdictions with stronger civil societies are more likely to have good governments Civic engagement can encourage people to feel attached to their communities As the report concludes: Even at a time when the global economy has been buffeted by strong and dangerous forces, all communities have capital and skills that can be deployed to create or preserve jobs. Investors may be more willing to create jobs locally if they trust other people and the local government, if they feel attached to their community, if they know about opportunities and can disseminate information efficiently, and if they feel that the local workforce is skilled. All these factors correlate with civic engagement. Those correlations, plus the other evidence cited in this report, lend some plausibility to the thesis that civic health matters for economic resilience. If we want to boost civic engagement at the state and local level, many strategies are worth considering — from funding nonprofits to reforming election laws. But civic education at the k-12 level should certainly be part of the strategy, and that was the topic of another major report released this week: Guardian of Democracy: The Civic Mission of Schools .

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Daimler CEO Probed In Manslaughter Case

September 16, 2011

German public prosecutors have started investigating Daimler Chief Executive Dieter Zetsche on suspicions of involuntary manslaughter involving the fatal accident of a 27-year-old engineer caused by an intern on a test track.

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Asbestos Victims Win Massive Settlement

September 16, 2011

BILLINGS, Mont. — A Montana judge has approved a $43 million settlement for more than a thousand asbestos victims who said the state failed to warn Libby residents of the dangers of a nearby vermiculite mine. District Judge Jeffrey Sherlock in Helena approved the deal. He had dismissed the victim’s claims nine years ago in a decision later overturned by the state Supreme Court. Sherlock also approved attorney fees previously reported to be $14 million on Sept. 8. The Daily Inter Lake first reported the settlement. An estimated 400 people have been killed and 1,750 sickened by asbestos released from a W.R. Grace & Co. mine outside Libby that closed more than two decades ago. Lethal dust from the mine once blanketed the small community about 50 miles south of the Canadian border. Cleanup continues at a cost to date topping $370 million. The majority of the claimants in the settlement are now 65 years or older. The settlement stems from multiple lawsuits brought against Montana agencies for failing to protect victims in Libby. The state originally claimed in its defense that it had no legal obligation to provide warning of the mine’s dangers. Jon Heberling, an attorney for the plaintiffs, told The Associated Press Friday that the state had just such a duty, but had failed to live up to it. “This may be of help to families exhausted from providing 24-hour care for people dying of asbestos disease,” Heberling said. Claimant notices received by plaintiffs earlier this year showed at least 1,125 victims would receive payments ranging from $21,500 to $60,700, depending on the severity of their sickness. Most of Libby’s victims never worked in the mine but were sickened after family members brought mine dust home on their clothing or after spending their childhood playing among mine waste that littered the town of 3,000. In 2004, the Montana Supreme Court said the state should have warned miners about health hazards identified by state officials in Libby as early as the 1950s. “Plainly, the state knew as a result of its inspections that the mine’s owner was doing nothing to protect the workers from the toxins in their midst,” Justice Patricia Cotter said in the 2004 ruling. W.R. Grace escaped much of its liability for the contamination when it filed for bankruptcy after the extent of the public health crisis in Libby was revealed. But the terms of bankruptcy have been appealed, and Heberling said there are active negotiations with the company over a possible settlement.

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Under Rick Perry, Former Staffers Raked In Millions As Lobbyists

September 16, 2011

WASHINGTON — Texas Governor and Republican presidential candidate Rick Perry has been good for the Austin lobbying business. Forty Perry aides have either left the governor’s administration to become registered state lobbyists or gone from the lobby into Perry’s inner circle, some of them making multiple trips through the revolving door, according to state lobbying disclosure filings and a review of staff records obtained by The Huffington Post through public records requests. Among Perry’s closest campaign aides, at least five have been registered lobbyists, including his communications director, his spokesperson and his political director. Two other ex-staffers who are current lobbyists head Super PACs organized to elect Perry. These lobbyists have done good work for their clients, winning lucrative state contracts for everything from private toll roads to a nuclear waste dump to the now infamous HPV vaccine mandate. A review of financial disclosures filed with the Texas Ethics Commission shows that during the past 10 years, former Perry staffers have raked in tens of millions of dollars in lobbying contracts. Perry, vying for the support of the Tea Party base, has been slammed by rivals Sarah Palin and Rep. Michele Bachmann (R-Minn.) for “crony capitalism.” If crony capitalism describes a situation where contracts are won by private companies who’ve hired close associates of the governor, then Texas records show the charge could stick. The pay-to-play allegations against Perry have become an Austin cliche. “The revolving door turns at torrential speeds in Texas,” explained Andrew Wheat, research director for the non-partisan watchdog group Texans for Public Justice . “It’s like it’s driven by a hurricane and Perry’s office has been part and parcel of it.” Perhaps no one has benefited more from his Perry connection than Mike Toomey . He had been a Perry confidant during their time in the state legislature in the ’80s before becoming a successful lobbyist. In 2002, Toomey became Perry’s chief of staff, a job he held until 2004 when he returned to the lobby. Texas financial disclosure records show Toomey secured lobbying contracts from government supplicants worth between $9 million and $17.5 million during the Perry years. Toomey’s lobbying success has not been free from controversy. In the race to win the Republican presidential nomination in 2012, it has become a lightening rod. During Monday’s Republican primary debate, Bachmann attacked Perry for issuing an executive order mandating sixth-grade girls receive a vaccination against the sexually-transmitted disease HPV, which, studies show, can lead to cervical cancer. That vaccination is manufactured by pharmaceutical company Merck, which employed Toomey as one of only three lobbyists during the mandate controversy. Bachmann excoriated Toomey’s role in the issuance of the executive order: “What I’m saying is that it’s wrong for a drug company — because the governor’s former chief of staff was the chief lobbyist for this drug company. The drug company gave thousands of dollars in political donations to the governor, and this is just flat-out wrong. The question is, is it about life, or was it about millions of dollars, and potentially billions, for a drug company?” Merck began a state-by-state push to get governments to adopt HPV vaccine mandates after the Food and Drug Administration (FDA) approved the vaccine for use in 2006. The company stood to make hundreds of millions of dollars if its mandate drive succeeded. They hired top lobbyists in a number of states. In Texas, Merck naturally came to Toomey. “Absolutely Mike [Toomey] convinced [Perry] on that,” Bill Miller, a founding partner of the Austin lobbying powerhouse HillCo Partners told HuffPost. The firm has done work on behalf of top-tier conservative donors, such as Houston construction mogul and swift-boat funder Bob Perry (no relation) and Koch Industries. “Maybe he personally believes in that … Mike played an influential role. It’s just the way I read it, the nature of the deal.” Amid widespread outrage over Toomey’s lobbying — and fervent opposition from religious conservatives who opposed the order on the belief that it encouraged promiscuity among young teens — the Texas legislature repealed Perry’s order in a near unanimous vote. Despite the ultimate failure to enact the vaccine mandate, Merck still retains Toomey as a lobbyist and has paid him contracts worth between $250,000 and $560,000 from 2004 through 2011. * * * * * It’s not difficult to see the allure of joining the lobbyist ranks for those coming out of the Perry administration. The governor’s influence has been vast; he has roughly 4,000 appointments to various boards, commissions and task forces. Real or perceived closeness to the governor — not to mention being on a first-name basis with his scheduler — is an asset for any lobbying firm or corporation seeking influence. “If you are going to be a top-tiered lobbyist, you almost have to have worked for him,” explained one veteran Austin-based lobbyist, “because that means you’re part of the team.” Perry, the lobbyist added, places a premium on the inner circle — especially his former chiefs of staff. “I’d say he only listens to those guys,” he said. The 26 ex-Perry staffers currently registered as lobbyists will take in a combined total of between $6.37 and $11.6 million this year, government disclosure records show. (The disclosure forms only list the ranges of the contracts, making a precise calculation impossible.) Former Perry insiders admit a tour of duty in the administration can be a plus. There are practical advantages: “I understand what the internal office processes are,” explained Victoria Ford, a lobbyist who worked as a health care policy director and deputy legislative director under Perry early in his administration. “If I have a problem, I already know how to work through it. It’s been helpful.” But, Ford told HuffPost, it’s no easy gravy train. “It’s been neutral to favorable to me, although I’m not as aggressive about it as some of the other folks who left the office,” she said. Records show Ford has 25 clients on her current roster, including eBay, a car manufacturer alliance, GlaxoSmithKline, Methodist Healthcare Ministries, a transportation authority and Boeing. This year, Ford’s contracts pay out between $235,000 and $650,000. Ford said she doesn’t walk into a prospective client’s office and play up her Perry cred. But there are other lobbyists that do. “There are others that take a different approach — that walk in with their resume first,” she said. If there were behind-the-scenes deals made, Ford added, she didn’t see them when she worked for Perry. “I never felt like when I worked in his office, I was told by anyone to favor anyone else,” she said. “I never experienced the things that they talked about. That’s all I know. I was never involved in those kinds of things. To me it seems like it’s all overblown speculation.” Miller, the Austin super lobbyist, explained that Perry’s close ties to lobbyists are simply a product of the governor’s longevity; he has held state-wide office for more than two decades. Staffs turn over. Many former staffers inevitably get into the political consulting business or join a lobbying firm. “He’s given birth on both sides of the deal — on the government side and the political side,” Miller said of Perry. “He’s fertile. He’s very fertile.” “Maybe they did have an advantage,” Miller said. “I always felt like we got a fair shake in the deals we worked on.” Reggie Bashur, a Perry campaign adviser and lobbyist, told HuffPost there is no pay-to-play scheme. “It’s just utter nonsense,” he said. “The advantage is to know a very fine person with a tremendous sense of humor who is dedicated to the public good.” In describing Perry, Bashur was short and sweet. “He likes people,” he said. “He likes the grassroots.” When HuffPost called Cliff Johnson, a lobbyist and former senior Perry adviser who is known to be a member of Perry’s inner circle, we were told that Johnson wasn’t giving interviews. His receptionist said that Johnson was referring press calls to Bashur. Perry has appointed six secretaries of state during his tenure. Half have gone on to work as lobbyists. The majority of Perry’s most trusted cabinet officials have lobbying backgrounds. Five out of eight Perry chiefs of staff have either left and immediately joined the lobby or come into the COS role from the lobby. Along with Toomey, these include Barry McBee, Michael McKinney, Brian Newby and Ray Sullivan. Sullivan is now the communications director for the Perry campaign. The campaign did not return calls for comment. Robert Black, a former Perry director of communications , also worked as a lobbyist before recently becoming a spokesman for the campaign. When asked about his relationship to Perry and the potential benefit to his own lobbying work, Black hung up on a HuffPost reporter. Chris Cronn, another former staffer turned lobbyist, also refused to comment. When asked about his lobbying work and whether his Perry ties are an advantage, Cronn replied: “I’d much rather have you talk to the campaign.” * * * * * The main concern among the public about the revolving door, as evidenced by the HPV vaccine mandate outcry, is that companies can afford well-connected lobbyists to set policy, to the detriment of the public interest. These polices were often privatization efforts, brought to the governor’s attention by connected companies, that became controversial when those lobbying connections became public. “When you look at the privatization schemes that come along, I don’t think Perry and his office are sitting around and dreaming up these schemes,” Texans for Public Justice’s Wheat explained. “It tends to work the other way around: The lobbyists come to Perry with these schemes.” In 2002, Perry announced a plan to build a 4,000-mile stretch of toll roads, rail lines and utility lines. The Trans-Texas Corridor, as it came to be known, was an attempt by Perry to raise revenue through fees the toll roads would collect. The Spanish company Cintra, then seeking to run the toll roads, employed Dan Shelley, a Perry insider, as a consultant. Shelley did not register to lobby at the time. “Here was Dan Shelley, he was working for Cintra, the major Trans-Texas Corridor contractor, but he didn’t bother to register as a lobbyist. What kind of consulting was Shelley doing for a Spanish highway company?” Wheat said. “Was he consulting on the proper asphalt and concrete to lay in Texas?” In 2004, the Texas Transportation Commission awarded Cintra the contract to run the toll roads and Perry hired Shelley as his new legislative director. By 2006, Shelley was back out the revolving door and raking in money with a lobbying contract from Cintra that totaled between $275,000 and $470,000 from 2006 through 2011. Shelley denied that there was any undue influence in his work for Cintra. “I lobbied for them. They were from Spain. They had no contracts. No business in the United States,” Shelley told HuffPost. “Texas seemed to be further advanced before they arrived on trying to promote public-private partnerships. I introduced them to the policymakers to explain what it is you’re trying to do in Texas.” Shelley said he set up meetings for Cintra with various Perry officials — including Ric Williamson, an old college buddy of Perry’s who headed the state transportation department at the time. Shelley said he knew Williamson. “I know people in Austin,” he said. By 2006, the Trans-Texas Corridor had attracted serious opposition from all corners of Texas politics. The Texas Farm Bureau was calling the project a disaster and residents in areas that could have faced eminent domain seizure were packing forums held by the Transportation Commission. Cintra did win contracts for three toll roads — one in Forth Worth, one in Dallas and one currently being built in central Texas, Shelley explained. After the first contract was awarded, Shelley said the company was introduced to Perry for the first time. “He might have come by to say ‘thank you,’” he recalled. Shelley currently operates two Super PACs — Veterans for Perry and Jobs for Vets — to support Perry’s bid for the Republican presidential nomination. In early 2011, after years of criticism, the toll road proposal was officially shelved, but other parts of the highway building plan are moving forward. The Trans-Texas Corridor lobbying was not limited to Shelley and Cintra. HTNB Corporation, an engineering company, was the general consultant for the Department of Transportation’s work on the corridor and employed Ray Sullivan as its lead lobbyist from 2003 to 2009. Sullivan, Perry’s current communications director, has worked for the governor in multiple capacities over the years, including as his chief of staff. When Sullivan joined the Perry administration in 2009, the HNTB contract transferred to Bashur. Sullivan reported the HNTB contract to be worth between $450,000 and $750,000 over seven years. During the same period, Sullivan worked as the chief lobbyist for UBS Securities, the Swiss financial services company that counts Perry’s political mentor, former Texas Sen. Phil Gramm, as a vice chairman. With Sullivan as its lobbyist, UBS made several plays at setting administration policy. Beginning in 2003, the Perry administration pursued a policy presented by UBS to profit off life insurance polices for dead teachers. HuffPost previously reported on this scheme in August. UBS, with Sullivan as its lobbyist, also sought to privatize the state lottery. This effort began in 2006, when then-Perry adviser Phil Wilson, who is also a former Gramm staffer and would later become a lobbyist in his own right, discussed the possibility of a sale or lease of the state lottery with Gramm. In September of that year, UBS submitted the first proposal to sell or lease the lottery to the governor’s office and hired Sullivan as its chief lobbyist in the state. In his 2007 State of the State address, Perry called for selling the state lottery — an idea he would later say came from Wilson — in an effort to raise $14 billion in revenue to invest in education and cancer research. What Perry didn’t mention was that the UBS proposal noted Texas would have to legalize a number of other gambling activities, including interactive television and Internet gambling, in order to increase the sales and profitability of the lottery for a private company. Other financial companies submitted proposals to the governor’s office, including Goldman Sachs, Merrill Lynch and the now-defunct Lehman Brothers. These companies also hired ex-Perry staffers to push their efforts in Austin. Merrill Lynch retained former Perry general counsel Bill Jones, and Lehman Brothers hired former Perry campaign manager and staffer Luis Saenz. Gaming companies that had long sought to legalize slot machines and other electronic games got into the act as well. Aces Wired, an electronic gaming company, employed Shelley as a lobbyist. It submitted multiple proposals to the governor’s office, seeking to purchase the lottery with a hypothetical consortium of gaming interests. The lottery privatization plan, like the Trans-Texas Corridor, ran into significant opposition in the legislature and in communities opposed to legalizing gambling and selling state assets. So far, the plan has stalled, but the lobbying continues. Another policy adopted by the Perry administration found more success than the Trans-Texas Corridor and the lottery privatization plan, but it, too, came from a major Perry donor employing members of Perry’s inner circle as lobbyists. Beginning in 2003, Dallas billionaire Harold Simmons sought to expand his fortune through the company Waste Control Specialists. Simmons’ plan was to obtain permits from the government to operate a nuclear waste disposal site. Simmons was aided by Perry insiders Bashur and Johnson, both hired to lobby for Waste Control Specialists, and massive campaign contributions. Simmons is one of Perry’s biggest financial backers, having donated $1.12 million to Perry’s gubernatorial campaigns and another $700,000 to the Republican Governors Association during Perry’s two stints as chairman of the group. After the legislature approved Simmons’ bill, the permits required approval from the Texas Commission on Environmental Quality, a three-member board appointed by Perry. Despite a review by Texas Water Board geologists and engineers determining that the permit should not be approved, the commission voted 2-1 to support it. Another permit sought by Simmons moved forward earlier this year. The Texas House approved a bill that would subsidize the importation of out-of-state nuclear waste to a new dump site by waiving regulatory fees for importation for Simmons’ company. Simmons’ nuclear waste dump was the only successful mega-project pushed by Perry’s lobbyist pals. Yet no one has reaped more financial benefit from his Perry ties than Toomey — the lobbyist at the center of the HPV vaccine scandal. Toomey’s most successful lobbying effort centered on tort reform on behalf of Texans for Lawsuit Reform, a business group funded by major Perry donors Bob Perry and James Leininger. The group was a client of Toomey’s before he joined Perry’s administration. In 2003, with Toomey in the Perry administration, the legislature passed, and Perry signed, a major tort reform bill. After Toomey left the administration in 2004, he re-signed Texans for Lawsuit Reform as a client. In 2011, Perry signed another major tort reform bill. Toomey also held Texans for School Choice as a client while Perry pushed, unsuccessfully, for school vouchers, another favorite issue of Leininger’s. He also lobbied for Corrections Corporation of America, the biggest private prison operator in the state of Texas, as they sought to privatize prison health care. Toomey also works with AT&T, the third highest-grossing company in the state, holding a contract that has at times been worth between $150,000 and $200,000 per year. Toomey is currently operating the Make Us Great Again super PAC that is solely dedicated to getting Perry elected as the next president of the United States. His plans for the PAC include raising $55 million by next spring . Robert Howden, a former senior Perry advisor turned lobbyist, knows the relationship between the power broker and the governor well. “Nobody cares more about Rick Perry than Mike Toomey,” he said.

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White House Worries About Solyndra’s Effect On Obama

September 16, 2011

WASHINGTON — The Obama administration was worried about the financial health of a troubled solar energy company – and the political fallout it could bring – even as officials publicly declared the company in good shape, newly released emails show. An email from a White House budget official to a co-worker discussed the likely effect of a default by Solyndra Inc. on President Barack Obama’s re-election campaign. “The optics of a Solyndra default will be bad,” an official from the Office of Management and Budget wrote in a Jan. 31 email to a senior OMB official. “The timing will likely coincide with the 2012 campaign season heating up.” The email was released by the House Energy and Commerce Committee as part of its investigation into a half-billion dollar federal loan to the company. The email says the budget official wanted White House budget director Jacob Lew to warn Energy Secretary Steven Chu about the risk posed by Solyndra, which was once the poster child for the Obama administration’s clean energy program. It has since laid off 1,100 people and filed for bankruptcy. At the time of the email, the Energy Department was pushing to release an additional $67 million to Solyndra to help the company through a cash-flow crisis. The budget official, whose name is blacked out in the email, questioned whether Solyndra should be given additional money on top of the nearly half-billion it had received by then. “Questions will be asked as to why the administration made a bad investment, not just once (which could hopefully be explained as part of the challenge of supporting innovative technologies), but twice (which could easily be portrayed as bad judgment, or worse),” the email says. Ultimately, the Fremont, Calif.-based solar panel maker received a total of $528 million in federal loans. The FBI raided Solyndra’s headquarters last week and interviewed company executives at their homes. A U.S. official, who spoke on condition of anonymity because the case is under seal, said the search was related to a fraud investigation into whether Solyndra filed inaccurate documents with the government. The Silicon Valley company was the first renewable-energy company to receive a loan guarantee under the stimulus law, and the Obama administration frequently touted Solyndra as a model for its clean energy program. President Barack Obama visited the company’s headquarters last year. Even as Obama declared that “the future is here” during a May 2010 visit to Solyndra, warning signs were being sent from within the government and from outside analysts who questioned the company’s viability. At least three reports by federal watchdogs over the past two years warned that the Energy Department had not fully developed the controls needed to manage the multibillion-dollar loan program. Emails obtained by The Associated Press show that a White House official dismissed reports about Solyndra’s gloomy future. An email from Greg Nelson, a White House official who had been involved in the planning of Obama’s May 2010 trip to Solyndra’s headquarters, to a Solyndra executive downplayed a July 2010 news story in a trade publication that criticized the company’s financial health. “Seems B.S.,” Nelson wrote. A 2009 report by the Energy Department’s inspector general warned that the DOE lacked the necessary quality control for the loan guarantee program, which was created in 2005 to support clean-energy projects that could not obtain conventional bank loans due to high risks. In July 2010, the Government Accountability Office said the Energy Department had bypassed required steps for funding awards to five of 10 applicants that received conditional loan guarantees. The report did not publicly identify the companies that were not properly vetted, but congressional investigators say one of them was Solyndra. The company was the first to receive a loan guarantee after the program was expanded under the 2009 stimulus law. In March, DOE Inspector General Gregory Friedman again faulted the loan program for poor record keeping. A report by Friedman said the program “could not always readily demonstrate, through systematically organized records … how it resolved or mitigated relevant risks prior to granting loan guarantees.” According to the report, the department kept limited or no electronic data on 15 of 18 loan guarantees examined. Damien LaVera, a spokesman for the Energy Department, said all reviews were completed before any taxpayer money was obligated. Even so, warnings about the company persisted. A report last year by auditor PricewaterhouseCoopers said Solyndra had suffered recurring losses from operations and negative cash flows, raising “substantial doubt about its ability to continue as a going concern.” But last May, a Solyndra email informed the White House that “things are going well” at the company and that it had “good market momentum, the factory is ramping up and our plan puts at cash positive later this year. Hopefully, we’ll have a great story to tell toward the end of the year.” Meanwhile, the Treasury Department’s inspector general said Thursday it has opened an investigation into the Solyndra loan. Spokesman Richard Delmar said the inspector general is reviewing the role and actions of the Federal Financing Bank, a government corporation supervised by the Treasury Department. The bank provided the low-interest loan to Solyndra. The loan is one at least 15 loans totaling more than $6 billion made by the financing bank as part of the stimulus program The Energy Department’s inspector general also is investigating Solyndra and the DOE’s loan guarantee program, which has provided billions in loan guarantees to renewable energy companies. The loan guarantees essentially make it easier for the companies to get financing, because the government guarantees repayment in the event of default. In Solyndra’s case, the loan came from the government itself. The Obama administration is moving to finalize as many as 15 loan guarantees for renewable-energy companies before the stimulus program ends Sept. 30. Republicans question whether that could lead to more loans to companies that fail like Solyndra. LaVera said the department won’t take any shortcuts during the approval process. ——– Associated Press writer Matt Apuzzo contributed to this report.

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Robert S. McElvaine: Boehner Admits to ‘Capital Strike’

September 16, 2011

In 1937, when the economy went into a renewed nosedive during the Great Depression, President Franklin D. Roosevelt claimed that the cause was a “capital strike” by businessmen intent on destroying him and the New Deal. Roosevelt had the FBI launch an investigation of a possible criminal conspiracy by the putative corporate “strikers.” The general reaction from Republicans at the time was to ridicule FDR for attempting to cast the blame away from himself and onto businessmen. It was surprising in mid-2010 when “conservative” writer Amity Shlaes endorsed Roosevelt’s view of what happened in 1937-38. She said there had been a “capital strike” in those years because of the “anti-business whimsy” of the Roosevelt administration. Shlaes went on to say last year that there was again a capital strike aimed at forcing the Obama Administration to cut spending and taxes. She succinctly described this business conspiracy against the American economy and the American people: “Companies making money and banking it. No spending. No hiring.” It was one thing for the unreconstructed antisocial Darwinist Ms. Shlaes, the darling of the right for her completely wrong-headed view of the Great Depression presented in her 2007 book, The Forgotten Man: A New History of the Great Depression , to say that corporate America was on strike in the midst of a national emergency. Now, though, leading Republicans themselves are saying that what FDR fancied was happening three-quarters of a century ago is actually happening today. “Job creators in America basically are on strike,” House Speaker John Boehner said on Thursday. The Republican leader was openly admitting that one of the main problems with the economy and unemployment is that corporate “job creators” will continue to sit on the $2.5 trillion they have available to invest, improve the economy and provide jobs, until they are given even lower tax rates and eased government regulation. The veil has finally been removed and the political representatives of corporate interests are letting everyone see where they are coming from and who they are serving. Will this admission be enough to lead President Obama, the Democrats, and the American people finally to recognize the corporate interests for what their defenders Ms. Shlaes and Mr. Boehner say they are: greedy, unpatriotic forces willing to hold the nation and its people hostage until they get everything they want? Robert S. McElvaine is Elizabeth Chisholm professor of arts & letters and Professor of History at Millsaps College, in Jackson, Miss. His books include The Great Depression: America, 1929-1941 . He is now writing “Oh, Freedom! — The Young ‘ 60s.”

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Twitter’s board loses two early investors

September 16, 2011

By Alexei Oreskovic (Reuters) – Two of Twitter’s earliest investors have left the company’s board of directors, the latest change to the fast-growing social media company’s leadership. Fred Wilson of Union Square Ventures and Bijan Sabet of Spark Capital are no longer on Twitter’s board, the company said on Friday. It was not immediately clear what prompted the change. Twitter does not plan to appoint new directors to replace Wilson and Sabet, a source familiar with the matter said. Wilson and Sabet did not return emails seeking comment. The departures mark the latest change to Twitter, whose microblogging service allows users to broadcast short, 140-character messages, or “tweets,” to groups of “followers.” In October, Dick Costolo replaced co-founder Evan Williams as chief executive. Earlier this year Costolo brought Jack Dorsey, another co-founder, back to the company as executive chairman. Williams and Twitter co-founder Biz Stone have recently started a new project called Obvious Corp. Twitter, which has more than 100 million active users, has been increasingly focused on building a revenue-generating advertising business on top of its Web service. The company is broadening the areas of its service where ads will appear, Costolo said during a briefing with reporters and analysts at the company’s San Francisco headquarters last week. During the meeting, Costolo repeatedly cited Wilson in examples and anecdotes about the various uses for Twitter, at one point using the example of Wilson’s son and his proclivity for following NBA players on Twitter without actually contributing any tweets himself. Twitter, which raised $400 million in a new round of funding earlier this year, credited Wilson and Sabet on Friday with playing important roles in the company’s success. “Both saw what Twitter could become before most anyone else,” said Twitter spokesman Sean Garrett in an emailed statement. “We look forward to their continued input as both investors in the company and passionate users of the product.” The departures were first reported on the technology blog AllThingsD.com. (Reporting by Alexei Oreskovic in San Francisco; Editing by Phil Berlowitz)

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Miami man jailed 50 years for $205 million health fraud

September 16, 2011

MIAMI (Reuters) – A Miami businessman was sentenced to 50 years in prison on Friday for masterminding a healthcare fraud scheme that sought to bilk the U.S. government out of more than $200 million. Lawrence Duran, 49, the owner of Miami-based American Therapeutic Corp, was arrested last October on charges that he executed what prosecutors described in court documents as “one of the largest and most brazen healthcare fraud conspiracies in recent memory.” His prison sentence was believed to be the harshest ever for defrauding Medicare, the federal insurance plan for the elderly and disabled. He also was ordered to pay $87.5 million in restitution. American Therapeutic was one of the nation’s largest chains of community mental health centers licensed by Medicare. Prosecutors said the company, operating out of the southeastern city widely viewed by law enforcement officials as the healthcare fraud capital of the United States, billed Medicare for more than $205 million in claims over eight years for mental health services that were either unnecessary or never provided to patients. (Reporting by Manuel Rueda; Editing by Tom Brown and Vicki Allen)

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Jimmy Carter Blasts Supreme Court For ‘One Of The Stupidest Rulings Ever’

September 16, 2011

At the 30th annual Carter Town Hall on Wednesday, former President Jimmy Carter told his audience he thought the Supreme Court decision to roll back restrictions on corporate spending in federal campaigns was “one of the stupidest rulings ever consummated or perpetrated on the American people.” The Citizens United ruling was decided 5-4 in 2010 and received criticism for allowing a flood of special interest money in politics. President Barack Obama was a major critic, saying the decision was “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.” Carter also discussed the 2012 election and the atmosphere in Washington during the talk, noting that he would not be interested in being president today, The Emory Wheel reports . When asked about the 2012 presidential election, Carter said he has not had “any time to waste” on the Republican debates , but noted it is his belief that Rick Perry is leading the race so far. He didn’t endorse Perry, though, adding that the Texas governor’s doubts on the theory of evolution and position on Social Security would keep him from winning the primary election. Despite saying he wouldn’t side with any particular presidential candidate, Carter did say he would be happy to see Mitt Romney win the primary during an appearance on MSNBC’s “The Rachel Maddow Show” on Thursday. “I’m not taking a position, but I would be very pleased to see him win the Republican nomination,” Carter said of Romney, adding that he doesn’t “think anybody’s going to beat Obama next year.” WATCH: Highlights from the Carter Town Hall

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Citigroup To Start Charging Customers For Not Having Enough Money

September 16, 2011

Citigroup Inc said it will start charging a monthly fee of $10 on checking and savings accounts with combined balances of less than $1,500, joining a growing list of banks seeking to recoup revenue lost under new financial industry regulations. The fee will be waived if a customer completes one direct deposit and one online bill payment per month through an account, or maintains a balance of at least $1,500 in checking and savings accounts, Citigroup said on Friday The change takes effect in December. Under Citi’s current fee structure, customers are not required to maintain minimum account balances but must complete five transactions a month through an account to avoid a monthly fee of $8. Citigroup said it will not charge for debit card use or online bill payment. Stephen Troutner, head of banking products for Citi’s U.S. consumer bank, said free debit card use could woo customers from other banks that are weighing whether to charge for debit card use, such as JPMorgan Chase & Co and Wells Fargo & Co. “Customers have told us in no uncertain terms that is a huge source of irritation,” Troutner said. New York-based Citi is the latest bank to tinker with its fee structure following changes in U.S. consumer banking regulations and laws over the last two years. New regulations — part of a broad financial sector reform effort — limit overdraft fees and other penalty fees banks can charge. In response, many banks have begun introducing monthly service fees for accounts, debit card use and visits to branches. Bank of America Corp, the largest U.S. bank by assets, added checking account fees last year. The BofA changes include an ebanking account, which allows customers to use ATMs and online banking for free but charges a monthly fee of $7 for teller visits or receiving paper statements. (Reporting by Joe Rauch in Charlotte, N.C.; editing by John Wallace) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Southerners Less Likely To Visit The Dentist, Gallup Finds

September 16, 2011

Residents of Southern states are less likely to visit the dentist, indicating that their household income may be lower, according to a Gallup poll released Thursday. Slightly more than 50 percent of people living in Louisiana and Mississippi got their teeth cleaned in the last 12 months, according to the Gallup study. Massachusetts and Connecticut led the states in dental visits with about 75 percent of residents in both states reporting that they visited the dentist in the last 12 months. The ranks of the American uninsured swelled to nearly 50 million in 2010, according to Census data released earlier this week , which could mean continued bad news for Americans’ dental hygiene, the Gallup poll found. More than 70 percent of residents of the top 10 states for dental visits have health insurance compared to an average insurance rate of 56 percent for the bottom 10 states. Lacking health insurance can often be an indicator of poverty, the Gallup report said. And many Americans aren’t willing to shell out for dental insurance even in good economic times. At least 100 million Americans lacked dental insurance before the recession, according to The Washington Post . Some dentists are finding creative ways to make sure the poor and uninsured have clean teeth. The Georgia Dental Association hosted a free clinic at a church in Woodstock, Georgia last month, according to The Atlanta Journal-Constitution . Four thousand people showed up and many slept outside to get free dental care, the paper reported. Nearly 60 percent of Georgia residents saw a dentist in the last year, putting the state in the “lower range” of the country for dental visits, according to Gallup. Free dental care also drew thousands to an outdoor health clinic in an Appalachian region of Virginia last summer, according to The Washington Post . Even with the country marred in an unemployment crisis, many are flocking back to the dentist, not because they’re in any better position to afford it, but because their teeth hurt too much, according The St. Petersburg Times . The result: Patients paying more for dental care because dentists have to perform more complex procedures after years of neglect. Here’s a list of the bottom 10 states for dental visits in the last year, according to Gallup: Mississippi: 51.9 percent of residents Louisiana: 54.8 percent of residents West Virginia: 55.4 percent of residents Texas: 56.1 percent of residents Alabama: 56.3 percent of residents Kentucky: 56.3 percent of residents Arkansas: 56.6 percent of residents Oklahoma: 56.8 percent of residents Tennessee: 57.9 percent of residents Missouri: 56.8 percent of residents

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Sydney Davis Joins Oceana Board of Directors

September 16, 2011

WASHINGTON, DC–(Marketwire – Sep 16, 2011) – Oceana recently announced that Sydney Davis has joined its board of directors. An artist, philanthropist and community volunteer, Davis is also a passionate conservationist whose diverse talents are complemented by her extensive experience on Wall Street.

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Fred Wilson: What It Means To Be ‘Lean’

September 16, 2011

I’ve been reading Eric’s book which I am very much enjoying. And on wednesday night I spoke to the NYC Lean Startup Meetup with the help of Giff who interviewed me. Eric and his fellow lean advocate Steve Blank have both written at length about the methodologies associated with the lean startup approach. If you have not read their books ( Steve’s here ), I suggest you do. But the most interesting part of the discussion on wednesday night for me was when Giff asked me about a comment I had made that “you need more than a lean methodology, you need a lean culture.” To me, lean is a state of mind that a founder and his/her team needs to have across all aspects of the business. The specific product and engineering approaches that are at the core of the lean startup movement are paramount for sure. But if you can apply lean to hiring, sales, marketing, customer service, finance, and everything else, you will be rewarded with a fast, nimble company. That’s a winning model, especially when things are moving fast in many dimensions as they are right now. Later on in our conversation on wednesday night, I got a question about lean and venture capital. To me, USV is a lean VC firm. Brad and I set it up that way because we talked about all the things we didn’t like about venture capital firms when we were setting USV up in late 2003. My prior experience at Flatiron was instructive. In the first two or three years of Flatiron, it was basically just me and Jerry. We were deeply engaged in all of our investments and we had one or two employees other than ourselves. We did very well in that period. In mid 1999, we went on a binge, raised a huge fund ($350mm), moved into a massive office, hired a staff of 25, made investments we weren’t engaged in, and got fat. We did poorly in that period. We shuttered Flatiron in 2001 and I took over the entire portfolio with the help of Jerry and Bob. It was basically back to the early model. We did very well in that period. I do not believe that venture capital scales. I believe you need a small team of highly engaged partners and not much else other than great relationships with entrepreneurs. We do have a small team of non-partners at USV. Dorsey runs the office. Christina runs the investment stuff. Gary runs the portfolio engagement stuff. That’s it. It works really well. We’ve kept USV lean and I believe that has allowed us to focus on what matters most, to react quickly to opportunities, and to be focused externally as opposed to internally. And when I look at most of the VC firms I admire, I see similar lean approaches. It’s a winning model.

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GOP Hopefuls Send Strong Message, But There’s Another Side To The Story

September 16, 2011

MANCHESTER, N.H. (AP) — Republican presidential contenders have crisscrossed the nation bashing President Barack Obama’s economic stimulus plans as a colossal waste of taxpayer money. But with an awkward frequency, these same candidates are campaigning at businesses that benefited from the president’s landmark stimulus package. With the cameras rolling, the Republicans celebrate the hard work of local entrepreneurs in places like Pella, Iowa, and Milford, N.H., while later condemning the federal resources that helped those entrepreneurs navigate the economic downturn. The campaign-trail rhetoric has intensified as Obama travels the country to call for a new package of spending and tax cuts to revitalize the nation’s stalled economy. “He came into office and said, ‘Oh I know how to create jobs; I’ll spend billions and billions, trillions of dollars,’” former Massachusetts Gov. Mitt Romney recently told cheering supporters at the Derryfield Country Club, referring to Obama. “I don’t happen to think Barack Obama’s a bad guy. I just don’t think he’s got a clue.” But Romney himself made at least two campaign appearances this summer with stimulus beneficiaries. There are a half dozen such examples involving several candidates, former Utah Gov. Jon Huntsman and Minnesota Rep. Michele Bachmann, among them. Huntsman last month toured the New Hampshire manufacturer Cirtronics, which received five stimulus-related contracts worth $3.3 million since 2009, according to data posted by the federal government. A week later, Romney campaigned at the Iowa-based Vermeer Corp., which benefited from nearly $200,000 in stimulus funds. And Tim Pawlenty, before he left the presidential race, made similar visits in each of the two early voting states. This phenomenon has produced negative media attention in isolated cases, but taken together the visits highlight the candidates’ complicated relationships with the $78 billion stimulus program many Republican primary voters hate. The issue also underscores the often hypocritical nature of American politics — politicians usually oppose the other party’s policies, but support the people who benefit from them. The apparent inconsistencies offer opponents — Republicans and Democrats alike — fuel for political attacks. “Every one of these candidates has a potential problem with respect to the stimulus,” said Michael Dennehy, a GOP operative who led Sen. John McCain’s presidential campaign four years ago. Even those Republicans who have not used stimulus beneficiaries as campaign props — such as Texas Gov. Rick Perry — may have trouble reconciling campaign rhetoric with their records. Perry once made headlines by refusing $556 million in stimulus funds for his state’s unemployment insurance program. But since February 2009, Texas government agencies and businesses have received more than $17 billion from the recovery act. That’s more than any state in the union but one. And the influx of stimulus funds — some of which Perry used to plug budget holes — came over the same period Texas enjoyed significant job growth, an accomplishment Perry cites at nearly every campaign stop. But he railed against the federal policy in his 2010 book, “Fed Up! Our Fight to Save America From Washington.” “We are fed up with bailout after bailout and stimulus plan after stimulus plan, each one of which tosses principle out the window along with taxpayer money,” he wrote. Bachmann, a conservative firebrand who regularly knocks the federal stimulus, held a recent campaign event at South Carolina’s Trident Technical College, an institution that last year received a stimulus grant to help boost its healthcare education programs. Critics cried hypocrisy, but her record as the representative for Minnesota’s 6th Congressional District raises further questions. Bachmann has repeatedly petitioned the Obama administration to send federal dollars — including stimulus funds — to her district. “I voted against the stimulus and I was very public against the stimulus,” Bachmann, leader of the Congressional Tea Party Caucus, said last month on Fox News Sunday. “After the stimulus was passed and the money was there, why should my constituents or anyone else be disadvantaged?” Liberal attack groups, expected to play a significant role as the presidential contest goes forward, will ensure such questions are not lost on voters. “Nothing raises the hypocrisy meter faster than the Republican presidential candidates talking about the economic recovery act. They love to pander to their base by demonizing the bill, yet they are all too eager to seek funding for projects in their district, to use federal dollars to balance their state’s budget, or to hold campaign events at successful companies who received stimulus funding,” said Ty Matsdorf, spokesman for the independent political group American Bridge, recently established to help Democrats. Some campaigns and companies involved defend appearances with stimulus beneficiaries as coincidences in states where hundreds of businesses and institutions accepted federal assistance over the last two years. Indeed, entities in the early voting states of New Hampshire, Iowa and South Carolina received a combined $8 billion from the 2009 package to date. “There was a tremendous amount of money that went to all sectors. It would be very hard for a Mitt Romney, or a presidential candidate from any party, to go to any manufacturer and find someone who was not directly, or indirectly, affected somehow,” said Steven Cohen, president of Ohio-based Screen Machine Industries, which hosted a Romney event in July and received stimulus contracts worth nearly $220,000. “I think it would be irresponsible for an American manufacturer not to go after their fair share,” Cohen told The Associated Press this week. “The question is whether it was a wise investment. That’s for someone else to answer.” The stimulus package created or saved as many as 3.3 million jobs and reduced the nation’s unemployment rate by as much as 1.8 points, according to updated estimates provided by the Congressional Budget Office in late August. The campaigns say local companies shouldn’t be penalized simply because they took advantage of the federal program. “I’m just not going to hold a failed policy against somebody,” Huntsman told The Associated Press when asked about his Cirtronics visit. Democrats love to highlight Huntsman’s previous statement as Utah governor that the stimulus package “probably was not large enough.” The campaign has since clarified that Huntsman was referring to tax cuts, which he says should have been deeper.

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Paul Krugman: Compassion No Longer Fashionable In America

September 16, 2011

Back in 1980, just as America was making its political turn to the right, Milton Friedman lent his voice to the change with the famous TV series “Free to Choose.” In episode after episode, the genial economist identified laissez-faire economics with personal choice and empowerment, an upbeat vision that would be echoed and amplified by Ronald Reagan.

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Kweku Adoboli Charged With $2 Billion UBS Fraud

September 16, 2011

LONDON/ZURICH (Mike Holden and Emma Thomasson) – British police charged UBS trader Kweku Adoboli with fraud on Friday, a day after the Swiss bank said it had lost about $2 billion in unauthorised trades. UBS was in turmoil as ratings agencies warned lax risk management could prompt downgrades and senior executives cancelled engagements to meet financial regulators. Adoboli, 31, worked as a director of exchange traded funds at UBS. He will appear at City of London Magistrates court later on Friday, police said. UK law firm Kingsley Napley has been hired to represent Adoboli. The firm also advised rogue trader Nick Leeson, whose $1.4 billion derivatives losses triggered the collapse of Britain’s Barings Bank in 1995. Most market speculation has centred on the possibility that the UBS loss resulted from the shock decision by the Swiss central bank last week to impose a cap on the red-hot franc, sending the currency plunging and Swiss shares sharply up. A UBS spokesman would only say that the losses were made in equities. One UBS trader in London said staff were expecting news of more job cuts in the next two weeks as well as zero bonuses. “In my team people are scared and are playing low profile. The idea is to stay there and keep your job. In the current situation, it would be difficult to find another job anywhere else,” the person told Reuters on condition of anonymity. Britain’s Financial Services Authority and Switzerland’s FINMA markets regulator were both in close contact with the bank, spokesmen said. A senior UBS banker said regular meetings and social events involving senior management had been cancelled, which he presumed was because of crisis management or meetings with regulators. “Morale is dreadful… It’s very damaging to our reputation. Equities is one of the businesses where we thought we had got it right,” the banker said. MASSIVE OVERHAUL Analysts said the massive loss, announced on Thursday, was the final nail in the coffin for UBS’ investment bank which has struggled, like others in the industry, against falling markets and tough new regulation as well as the soaring Swiss franc. Reputational damage from the scandal will force a restructuring many had already thought inevitable and analysts and insiders expect UBS may now have to move before November 17, when it was expected to make the announcement at an investors’ day in New York. “I wouldn’t be surprised if we got a preliminary confirmation of a major scaleback soon, even this weekend. The announcement can’t wait until Q3 results or the investor day,” said Matthew Czepliewicz, an analyst at Collins Stewart. Switzerland’s two biggest political parties, the Swiss People’s Party and the Social Democrats, want UBS to split investment banking from its wealth management arm and pressure for it to take radical action is likely to mount in the wake of the scandal. Ratings agencies Standard & Poor’s and Moody’s put the bank’s credit rating on negative watch, while Fitch said it had put UBS’s viability rating on negative watch. Fitch said the incident “strengthens the arguments for UBS to down-scale its investment banking unit” while S&P added: “UBS is currently undertaking a strategic review of the size and shape of the investment bank division and we consider that the trading loss may influence the outcome of this process.” HISTORY OF MISHAPS UBS had started to see client confidence return this year after it had to be rescued by the Swiss state in 2008 following massive losses on toxic assets held by its investment bank. The bank has had a history of major risk management glitches. The $2 billion that UBS said had been lost effectively cancelled out the first year of savings from a recently-announced cost-cutting plan involving the loss of 3,500 jobs. “We believe that yesterday’s event could have personnel consequences on senior management level,” said Vontobel analyst Teresa Nielsen. “The exit from non-core businesses inside the investment bank could be accelerated.” In the firing line are Chief Executive Oswald Gruebel, himself a former trader who was brought out of retirement in 2009 to try to turn UBS around, and investment bank boss Carsten Kengeter, the bank’s highest paid employee last year. UBS stock, which fell 10.8 percent on Thursday to end at its lowest close since March 2009, was up 5.6 percent at 10.3 francs by 1340 GMT compared with a 2.7 percent rise on the European banking sector index . New losses in UBS’s investment bank risk scaring rich clients and prompting a further flight from its huge private bank, the core of its business that used to be the world’s biggest wealth manager but has slipped to third place. “The concern from the wealth management client’s point of view is that if UBS cannot even manage their own proprietary trading positions, how can the client expect UBS to manage money on his or her behalf,” said Melvyn Teo, professor of finance at Singapore Management University. The suspect’s father, John Adoboli, a retired United Nations employee from Ghana, said he knew finance was a high risk area but he had no doubts about his son’s integrity. “From what the reports are saying, it could be that he made a mistake or wrongful judgment,” he told Reuters by phone from the Ghanaian port city of Tema. Copyright 2011 Thomson Reuters. Click for Restrictions .

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Lobbyists Take Aim At Super Congress

September 16, 2011

WASHINGTON, September 16 (Reuters/Tim Reid) – The special “super committee” tackling U.S. deficit reduction was meant to operate independently and free from outside influence — but Washington’s corps of high-paid lobbyists has found a way in. They have descended on the Congress in recent days to persuade rank-and-file lawmakers to act as de facto lobbyists themselves, penetrating the committee and convincing their colleagues to protect the interests of special groups. “It’s a strategy of turning members (of Congress) into lobbyists,” said Rich Gold, a partner at the Washington firm Holland & Knight. As he spoke to Reuters, Gold was on his way to the Senate to meet with lawmakers and their staff on behalf of a client to discuss corporate tax reform, which will likely be part of the committee’s deliberations. “Having a lot of support from the rank and file members in Congress and having them talk to the super committee members is going to be critical,” Gold said. “You are going to have to motivate groups of members to talk to the super committee members to get something in, to keep something out, or to prevent something from being cut.” The special bipartisan committee, made up of six Republican and six Democratic lawmakers, was formed as part of the deal to raise the U.S. debt limit and is meant to operate free from pressure from Congress and outsiders. It began meeting formally last week, will set its own rules and must come up with at least $1.2 trillion in savings for the next decade. It must report by November 23 but if it fails to reach a deal, or if Congress fails to endorse its plan, $1.2 trillion in mandatory cuts will be triggered in 2013. With such massive potential cuts to the U.S. federal budget being decided by just a handful of lawmakers in such a short time, lobbyists say the situation is unprecedented. So, scrambling to protect clients from budget cuts, lobbyists have swarmed to Capitol Hill to enlist help and gather what intelligence they can about what is happening inside the committee. GATHERING INTEL Jack Howard, a veteran lobbyist at Wexler & Walker with close ties to four of the committee’s Republican members, said he had already spent a lot of time on Capitol Hill, and elsewhere in Washington, talking to lawmakers and their staff about the panel. “I see them in the hallways as they pass to go and vote, I see them at breakfasts, lunches, dinners, receptions,” Howard said. At present, Howard added, he is conducting “a lot of intelligence gathering from lawmakers, their staff and the party leadership staff on Capitol Hill — pretty much anybody I can find. Based on that intelligence, down the road we will assess how best to influence the committee.” Howard described the lobbying strategy for the committee as a “three dimensional game of chess” — talk to the party leadership on Capitol Hill and their staff; the super committee members and their staff; and rank and file lawmakers and other committee chairmen on Capitol Hill because if a deal emerges, it must pass both the House and Senate. “The super committee members have to be responsive to the rank and file member because ultimately they have to pass something. The super committee cannot operate in a vacuum. The super committee members are accountable up to the party leadership and accountable down to the rank and file.” MOST INFLUENCE So early in the process it is unclear which members of Congress will have the best chance of influencing committee members. But Howard said on the Republican side, John Boehner, the House Speaker, and Mitch McConnell, the top Senate Republican, were keeping heavily involved in the super committee’s work. Both men handpicked the Republicans who sit on the committee. “They will keep a tight rein on the process,” Howard said, making it important for him to keep in close contact with the Republican party leadership on Capitol Hill. The effort to influence what gets cut and what get saved inside the committee will be unprecedented, and intense. According to a study released this week by LegiStorm, a watchdog group, there are 11,700 registered lobbyists in Washington — and 14,000 people who work on Capitol Hill. In the past 10 years, the study added, more than 5,000 former congressional staffers and nearly 400 former lawmakers became federal lobbyists. One lobbyist, speaking on the condition of anonymity, said: “It’s not just going to be the 12 members who decide this. There’s a dual strategy: you talk to members of Congress to get them to talk to the super committee members; and you talk to members with an eye on the vote they will take on whether or not they pass the deal.” (Reporting by Tim Reid, Editing by Cynthia Osterman) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Rep. Steny Hoyer: Speeding Up the Patent Process

September 16, 2011

The patent that led to the telephone was approved in one month. The patent that led to the cell phone, as former White House economic advisor Austan Goolsbee recently observed, was approved in three years. Today, patents are held up for even longer — and jobs and growth are held up with them. At this moment, more than 700,000 patents are caught in the backlog. Could one of those 700,000 new ideas be the next iPhone, the next breakthrough drug, the key to the next great American industry? We’ll have to wait a long time to find out. With millions of Americans still out of work, Democrats are working to advance a plan to rebuild American industry and create the solid, middle-class jobs our country needs. We call it the Make It In America plan: it’s a legislative program to help American businesses stay here, grow here, build more products here, and sell them to the world. And a crucial part of that effort is ensuring we are the world’s leader in innovation, so that we can outpace our competitors and stay at the job-creating forefront of the world economy. America is still the world’s most innovative country — but it’s a sobering fact that Japan has recently overtaken us in patent applications. China, too, is on pace to overtake us soon. If we want to regain our innovation edge, we have to make it easier for American inventors to patent new products here and manufacture them here. That’s why it’s so important that President Obama will today sign into law the America Invents Act, the most significant patent reform in half a century. It’s also the first Make It In America bill to become law this year. If we want to put more Americans back to work, it can’t be the last. The America Invents Act creates a markedly more efficient patent system. It significantly reduces the backlog of ideas by hiring more patent examiners, modernizing technology in the Patent and Trademark Office, and speeding up the review process. It also institutes a new, “first-to-file” system for resolving disputes over priority. Such disputes have often been bogged down in costly, time-consuming legal cases. But this new legislation cuts down on that litigation by asking a simple question: who filed for a patent first? While the old system was weighted in favor of the largest corporations with the biggest legal teams and the most money to burn, the new system levels the playing field for small businesses and individual inventors, the kind of people who gave us revolutionary ideas like the personal computer. Speeding up the patent process will get American ideas to market faster, and that unlocks tremendous opportunities for our economy to grow. But a wealth of other innovation-promoting ideas are also part of Democrats’ Make It In America plan, and Congress should build on this success by passing more of the plan into law. We should expand and make permanent the research and development tax credit, so that companies have stronger incentives to invest in new technologies here at home. We should promote high-tech, advanced manufacturing by passing the JOBS Act, which builds job-training partnerships between colleges and advanced manufacturing businesses. These partnerships will help more Americans find job opportunities in fast-growing fields — and help American businesses satisfy their demand for workers without looking overseas. We should create a more efficient corporate tax code, with lower rates and fewer loopholes. That would help businesses make decisions based on their best economic judgment, not based on maximizing their tax deductions. And we should keep pace with international competitors by creating a National Infrastructure Development Bank. It would leverage private investment in much-needed projects from energy delivery systems to broadband networks to modern ports, projects that would create jobs in the short term while laying the foundation for long-term growth. There’s no doubt that America still has the qualities that made its economy the strongest in the world — the work ethic, the competitive drive, and the innovative spirit that have made this country great. I believe in the Make It In America plan because it’s the best way of putting those qualities to work, so that we can out-build, out-educate, and out-innovate our competitors. Today’s far-reaching patent reform is a big step in the right direction. And I can’t wait to see the American innovations that come to market faster as a result.

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Tom Donohue: Why the Jobs Plan Falls Short

September 16, 2011

While the jobs plan President Obama proposed last week contains some ideas that American business supports, it falls short. It focuses too much on government spending and temporary tax breaks and too little on the trade, energy, tax, regulatory and entitlement reforms that will jolt our economy and job market back to life. The proposed payroll tax cut would likely offer a measure of relief for some small and medium-size businesses. Eligible enterprises that were already planning to add employees will welcome the hiring tax credits offered in the plan. Yet one-year, one-time tax changes will not create new jobs in significant numbers–and unfortunately, neither will the plan as a whole. It fails to adequately address the fundamental challenge facing our economy–too little growth–or the business reality that keeps companies from expanding payrolls–too few customers. And this week we have learned that the administration won’t cut one dime of spending to offset the $447 billion cost of the jobs bill. Instead, successful small businesses, productive industries and those Americans most capable of investing in growth will foot the bill through major tax increases. Any jobs that might have been supported by other measures in the plan would be more than wiped out by these tax hikes. This doesn’t make economic sense. So what should we do instead? The president touched on some of the needed steps to spur growth, boost demand and trigger hiring, but he failed to go far enough and overlooked some important opportunities. He was right to call for passage of the long-pending free trade agreements with South Korea, Colombia and Panama. But the United States should also be vigorously negotiating new trade and investment agreements around the world. The White House should administratively complete the task of modernizing arcane export-control rules. Reaching the 95% of the world’s consumers who live outside our borders is the best way to find new customers for our businesses and create new jobs. Additionally, if the U.S. restored its share of global travel and tourism to what it was in 2000, we could create 1.3 million American jobs. Standing in the way are interminable visa procedures, maddening airport hassles and a growing perception around the world that the U.S. does not welcome international visitors. The president and Congress can change that. Mr. Obama was right to call on Congress to support investments in infrastructure. But rather than focus on one-shot infusions of money for favored projects (much like the 2009 stimulus program), the president should urge Congress to enact a multiyear reauthorization of the nation’s core surface transportation, aviation and water resources programs with full funding. By providing predictable funding streams, removing regulatory roadblocks and establishing supportive legal frameworks, we could also unlock up to $250 billion in private infrastructure capital and create huge numbers of new jobs. We need affordable energy–and our nation could have plenty of it, and the jobs that come with it, by responsibly developing the enormous resources beneath our lands and off our shores. Producing more American energy would be a boon to our economy, our workers, our national security and our government tax coffers. The administration has yet to seize this extraordinary opportunity. It should. Finally, Mr. Obama touched only briefly on tax, regulatory and entitlement reforms. These reforms should be the centerpiece of an American jobs plan–not mere footnotes. Instead of piecemeal tax breaks, for example, Congress and the president should negotiate and pass comprehensive pro-growth tax reform that lowers individual and corporate rates and broadens the tax base. And while the administration has recently taken some steps to rein in regulations, it does not fully appreciate the negative impact that its new regulatory rulemakings–in health care, labor, capital markets and environmental policy–are having on business confidence, expansion and jobs. Congress must reaffirm its oversight role, and the president should issue executive orders to reform the federal environmental permitting process for new infrastructure and energy projects, and to declare a time-out on new major discretionary regulations. Without meaningful entitlement reform, an ever-increasing share of the government’s budget and the nation’s wealth will be eaten away by runaway costs and unsustainable obligations. No economy can grow or create jobs at its full potential when faced with such massive and expanding claims on its capital, credit and other resources. Business likes bottom lines. Here’s mine: Rather than tinker around the edges with temporary tax cuts and more government spending, the administration and Congress should embrace a bolder and more effective plan to open markets, attract new investments in infrastructure, develop American energy, and create powerful growth incentives by reforming taxes, regulations and entitlements. Start doing these things and America’s private sector can get on with the job of putting America back to work.

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Obama Signs Major Patent Reform Law

September 16, 2011

WASHINGTON — President Barack Obama will sign the America Invents Act on Friday, the first significant change in patent law since 1952. The president will travel to Thomas Jefferson High School for Science and Technology in Alexandria, Va., for the ceremony. He’ll also watch demonstrations of several student projects. The legislation is aimed at streamlining the patent process and reducing costly legal battles.

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‘Cheap Money Has Failed’

September 16, 2011

When will politicians finally accept that their ideology of cheap money has failed? A low-interest-rate policy after the dot-com frenzy encouraged the housing bubble. The government-sponsored housing boom led to a banking meltdown. And the fight against the banking crisis resulted in the sovereign-debt mess. Now, because it is forced to invest in toxic debt, the European Central Bank is set to lose its independence. A currency crisis is imminent. Already, former Bundesbank President Axel Weber and the ECB’s chief economist, Juergen Stark, have resigned in protest.

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Allied World, Transatlantic call off deal

September 16, 2011

By Ben Berkowitz (Reuters) – Reinsurers Allied World Assurance Co Holdings Ltd and Transatlantic Holdings Inc called off their merger on Friday in the face of overwhelming opposition, leaving the fate of Transatlantic uncertain amid two larger, unsolicited offers. Transatlantic said it would remain open to making a deal, while also increasing its share buyback program and naming a new chief executive. Its largest shareholder, which opposed the Allied deal, came out in favor of the new plan. Allied World said in a statement it would receive a $35 million break-up fee and $13.3 million in expenses from Transatlantic. Transatlantic would owe Allied another $66.7 million if it entered into another deal within a year. Allied World’s all-stock offer was worth $2.94 billion, or $47.05 a share, at Thursday’s closing prices and represented a roughly 5 percent discount to Transatlantic’s share price. Shareholders were due to vote on the agreement on Tuesday, but it was expected to be rejected. Three proxy advisory firms said Transatlantic investors should reject the deal and an Allied executive told a Barclays Capital conference last week that the deal was unlikely to succeed. CAPITAL MANAGEMENT Transatlantic sent a letter to stockholders Friday in which it noted “it will continue to entertain and evaluate any serious proposal or opportunity that offers its stockholders full and fair value.” In the interim, the company said it will increase its stock buyback program to $600 million, with a commitment to buy back half of that this year. Davis Selected Advisors, Transatlantic’s largest shareholder, endorsed both moves. “Davis Advisors applauds Transatlantic’s efforts to create value for shareholders with an intelligent capital management plan while at the same time remaining open to other strategic alternatives,” it said in the company’s statement. Transatlantic also said Chief Executive Robert Orlich would retire as planned and that chief operating officer Michael Sapnar would become CEO as of January 1, 2012. DEALS ON THE TABLE With Allied out of the picture, Transatlantic still has two suitors. It has been in confidential talks with a unit of Warren Buffett’s Berkshire Hathaway Inc about an unsolicited offer. But Transatlantic said Friday that no further talks were scheduled, and that Berkshire has said it is unwilling to increase its bid beyond the publicly announced $3.25 billion, or $52 a share, cash offer on the table. Transatlantic had been seeking a substantially higher bid. Meanwhile, Validus Holdings Ltd has taken its own hostile bid directly to shareholders. At Thursday’s close, Validus’s $3.02 billion cash-and-stock bid was worth $48.26 per share. Transatlantic said Friday that it remained willing to engage in friendly talks with Validus, though it said Validus’s bid was also inferior. Of the two, Berkshire’s all-cash bid is $230 million richer than the Validus offer. Allied and Transatlantic reached their all-stock deal in June, but Davis Advisors opposed the deal. About a month later Validus stepped in with its bid, only to be followed a few weeks later by Berkshire. Analysts had expected a bidding war for Transatlantic given the depressed valuation the Allied bid offered relative to the rest of the sector. All three offers stand at a discount not only to Transatlantic’s book value but also to the sector median valuation. (Reporting by Ben Berkowitz, editing by Gerald E. McCormick and Derek Caney)

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U.K.’s Brown: Without ‘Global Coordination,’ U.S. Could Face Decade Of High Unemployment

September 16, 2011

Europe and the United States could face 10 years of slow growth and high unemployment if a global solution for the euro zone debt crisis is not implemented soon, former British Prime Minister Gordon Brown said on Friday. “Unless there is global coordination…I foresee 10 years of low growth in Europe and America, I foresee very high levels of unemployment and I foresee a failure of coordination that will lead in the end to greater protectionism,” Brown told reporters and participants at the World Economic Forum in Dalian. The sovereign debt crisis gripping Europe has seen Greece, Portugal and Ireland forced to take bailouts, piled bond market pressure on Italy and Spain and raised fears of a banking crisis as wholesale funding evaporates on concerns about lenders’ potential exposure. The European Central Bank said on Thursday it would work with other major central banks to offer three-month dollar loans to commercial lenders to prevent money markets freezing up. However, some investors said more needed to be done, including more aggressive capital injections for banks that are overexposed to heavily indebted euro zone countries. “You cannot begin to solve the European problem unless you understand it is a banking problem, a growth problem, the inability of the European economies to grow out of a recession, as well as being a fiscal problem,” Brown said. Brown, who was finance minister for 10 years before becoming prime minister in 2007 and won praise for his handling of the early stages of the global economic crisis in 2008/09, said the crisis should be solved by having a “global agreement” on how the world economy should grow. Such an agreement would need to address the rebalancing of exports and consumption between developing countries, such as China and India, and developed countries, such as the United States. “You will need an international agreement, not just a euro area agreement, to sort out the problems that Europe now faces and the IMF will be involved in some stage in this in my view,” Brown said, adding that he agreed with the widely held view that the European Financial Stability Facility, Europe’s bailout fund, of 400 billion euros was insufficient. A growing number of policymakers, as well as market economists, are convinced it is only a matter of time before Greece, which keeps falling behind on fiscal targets agreed with its international creditors, will have to default. But British insurer Prudential’ s (PRU.L) Chief Executive Tidjane Thiam said he did not see a Greek default on the cards. “I don’t think they will default, I think the market thinks they will default. I don’t think they will because the consequences on the banks in particular are too significant, particularly to France and Germany,” Thiam said. (Reporting by Melanie Lee; Editing by Alex Richardson) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Analysis: Volatility stymies even smart money

September 16, 2011

By Edward Krudy NEW YORK (Reuters) – Volatility in equity markets is burning smart-money players, and even experienced traders are finding it hard to keep up. Some fund managers have been dipping back into stocks to pick up bargains but could end up in a value trap if equities fall into a bear market and the economy falls into recession. Others are taking a wait-and-see approach after getting blindsided by market swings not seen at least since the financial crisis — and by some measures well before that. Most are unlikely to dive back in given fears over Europe’s debt crisis and fears of a second recession in the United States that sent equity markets sliding over the summer. The $2 trillion hedge fund industry — often seen as the smartest of the smart — will ultimately play an important role in whether stocks can rise over the long-term. Uncertainty there means more of the same churning action and precipitous falls without that wall of money to act as a back stop. “Gross exposures have come down industrywide and large bets in either direction have also decreased because of the volatility,” said Robert Francello, head of equity trading a Apex Capital, a hedge fund in San Francisco. Francello said that as well, short-selling bans on banks in parts of Europe were hurting liquidity “no question.” A recent survey of hedge fund managers found that bearish sentiment rocketed in August to its highest level in a year. The survey by BarclayHedge and TrimTabs Investment Research showed bearish sentiment rose to 42 percent in August from 27 percent in July. It also revealed very bearish views on the economy. About 56 percent think the U.S. economy is already in recession or will slip into recession soon, and just 3 percent say economic growth is set to accelerate. For Sam Ginzburg, head of capital markets at First New York Securities, where he trades his firm’s capital, the “binary” situation is presenting investors with something akin to a zero sum game. “There’s a lot of money to be made or lost right now,” he said. “If you have a view, meaning this isn’t 2008 all over again and you think things are going to settle out and you start buying some of the mega-cap, big-cap stocks that will do well as the economy does better — or vice versa — the amount of money you can make is astounding,” he said. But for Ginzburg that time is not now. He said his fund was still “light” compared with the amount of money he could invest. Over the summer the S&P 500 index, a broad measure of U.S. large-cap stocks, crashed 17 percent in just 14 trading days between July 21 and August 10. For investors, that was one of the most trying periods on record, and they are just not ready to start taking on big bets. One market veteran who runs a proprietary trading firm in New York told his traders they could “go to zero (and) get the hell out of here” in August as the firm’s inventories shrunk to just 15-20 percent of what they could be. “It’s just like betting on horses,” he said. “That two-week period was the hardest I have ever had to deal with.” Joseph Mazzella, a senior trader at Knight Capital, agreed. Knight has one of the biggest retail books in the business and deals with a host of institutional clients. “This is the most difficult trading environment I’ve ever seen,” Mazzella said. “Performance has struggled, it’s a really difficult year”. Many hedge funds cut bullish bets that they put on in the first half of the year, and comparisons with the financial meltdown of 2008-2009 abound. “There is a lot of pain out there,” said Mazzella. “These guys have just been whipsawed like crazy.” Earlier in the year many hedge funds built up bullish positions in growth-oriented stocks — bets that are likely to have been cut over the summer. Data compiled by Credit Suisse from filings with regulators show that up until the end of June hedge funds were overweight stocks that are expected to do well in a growth environment. But Pankaj Patel, the Credit Suisse analyst who compiled the data, said given what he is hearing from hedge fund clients, he expects many of them have become much more defensive. “They are not telling us that they are taking a defensive move but talking to them you could sense that,” he said. “Before they were not asking about the economy.” Options activity suggests uncertainty is running high. Todd Salamone, an analyst at Schaeffer’s Investment Research, said an increase in early September in downside protection in the form of put option buying on major exchange-traded funds based on equity indexes suggests some funds are hedging renewed equity exposure. However, a lack of call buying on CBOE Volatility index options, which are another hedging vehicle for fund managers, sends the opposite signal. “There is not a consensus there, and that is why we are having this choppiness,” said Salomone. In terms of institutional flows Knight’s Mazzella has been seeing a flight to defensive bets. “The only thing we see is a very defensive shift: utilities, healthcare, consumer staples; everything else is for sale,” he said. “People are playing technology a little bit but everybody’s leery so it’s very much defensive positioning.” “We went from no protection being bought in the market to massive protection, and massive defensive positioning,” he said. “So if you want to play the contrarian angle we probably went too far again.” (Reporting by Edward Krudy; Editing by Leslie Adler)

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Europe and U.S. face 10 years of slow growth: UK’s Brown

September 16, 2011

By Melanie Lee DALIAN, China (Reuters) – Europe and the United States could face 10 years of slow growth and high unemployment if a global solution for the euro zone debt crisis is not implemented soon, former British Prime Minister Gordon Brown said on Friday. “Unless there is global coordination…I foresee 10 years of low growth in Europe and America, I foresee very high levels of unemployment and I foresee a failure of coordination that will lead in the end to greater protectionism,” Brown told reporters and participants at the World Economic Forum in Dalian. The sovereign debt crisis gripping Europe has seen Greece, Portugal and Ireland forced to take bailouts, piled bond market pressure on Italy and Spain and raised fears of a banking crisis as wholesale funding evaporates on concerns about lenders’ potential exposure. The European Central Bank said on Thursday it would work with other major central banks to offer three-month dollar loans to commercial lenders to prevent money markets freezing up. However, some investors said more needed to be done, including more aggressive capital injections for banks that are overexposed to heavily indebted euro zone countries. “You cannot begin to solve the European problem unless you understand it is a banking problem, a growth problem, the inability of the European economies to grow out of a recession, as well as being a fiscal problem,” Brown said. Brown, who was finance minister for 10 years before becoming prime minister in 2007 and won praise for his handling of the early stages of the global economic crisis in 2008/09, said the crisis should be solved by having a “global agreement” on how the world economy should grow. Such an agreement would need to address the rebalancing of exports and consumption between developing countries, such as China and India, and developed countries, such as the United States. “You will need an international agreement, not just a euro area agreement, to sort out the problems that Europe now faces and the IMF will be involved in some stage in this in my view,” Brown said, adding that he agreed with the widely held view that the European Financial Stability Facility, Europe’s bailout fund, of 400 billion euros was insufficient. A growing number of policymakers, as well as market economists, are convinced it is only a matter of time before Greece, which keeps falling behind on fiscal targets agreed with its international creditors, will have to default. But British insurer Prudential’ s Chief Executive Tidjane Thiam said he did not see a Greek default on the cards. “I don’t think they will default, I think the market thinks they will default. I don’t think they will because the consequences on the banks in particular are too significant, particularly to France and Germany,” Thiam said. (Reporting by Melanie Lee; Editing by Alex Richardson)

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Air France-KLM orders Airbus, Boeing jets worth $12 billion

September 16, 2011

By Tim Hepher PARIS (Reuters) – Air France-KLM has split a $12 billion order for long-range jets following a year-long competition, announcing plans to buy 25 Boeing 787 Dreamliners and 25 Airbus A350s. The move is part of a plan to renew the fleet of Europe’s largest airline and the order could rise to 110 of the next-generation aircraft including 60 more options. EADS unit Airbus said it expected to receive 35 of these. Air France-KLM shares opened up more than 1 percent before slipping 0.5 percent to 6.035 euros by 4:26 a.m. ET. Shares in Airbus parent EADS were down 1.1 percent. The deal follows months of politically sensitive negotiations during which the airline appeared to be pulled between pressure from French politicians to protect jobs at Toulouse-based Airbus and its own differences with Airbus over what caused the 2009 mid-Atlantic crash of an Airbus jet. The airline believes pilots have been wrongly blamed. Air France-KLM has said it ignored calls from French politicians to favor Airbus, but in a sign of frosty relations it snubbed the usual practice of endorsing the Airbus part of the deal in the planemaker’s press release. Boeing is delivering its first 787 Dreamliner to Japanese airline All Nippon Airways next week after three years of production delays as it switched from aluminum to lightweight carbon composites. Airbus plans to deliver its similar A350 mid-decade after earlier delays in the design. Air France-KLM said it aimed to operate 73 of the 250-300 seat aircraft through 2024, including 43 Airbus A350-900 and 30 Boeing 787-9 models. The first Boeing 787-9 will enter into service with KLM in 2016, and the first Airbus A350-900 with Air France in 2018. “Later, both airlines will operate both types of aircraft,” the carrier said in a statement. The airlines merged in 2004 but maintain separate networks. Final details of the order are still being negotiated. The firm part of the order for 50 aircraft is worth $6.7 billion to Airbus and $5.5 billion to Boeing, according to list prices. Airlines usually obtain significant discounts. Air France-KLM indicated in June it would follow United Airlines in splitting the order for the new generation of aircraft between Airbus and Boeing. The plane order guarantees business for Britain’s Rolls-Royce to provide power for the A350-900, for which it makes the only engines currently on offer. But industry sources say rival General Electric is front-runner to power the Boeing 787s, for which it competes with Rolls-Royce. Air France traditionally buys long-range engines from the U.S. company. (Editing by James Regan and Helen Massy-Beresford)

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Insight: Companies forge lean business models to tap rural India

September 16, 2011

By Lyndee Prickitt SITAPUR, India (Reuters) – Carrying two worn bags full of toothbrushes and toothpaste, Raj Verma rides his battered bicycle around villages in India’s northern state of Uttar Pradesh, leaving fresh supplies of Colgate products at the small shops he visits. For centuries, Indians cleaned their teeth with a piece of bark from the Neem tree, known for its antiseptic properties. While most urban Indians have long used toothpaste, many of the 700 million rural Indians still brush with a Neem twig or their fingers. While that represents an obvious opportunity for toothpaste brands, the marketing and distribution methods to reach those remote customers are not so clear. Enter blue-sky thinking Indian style. India has pioneered the science of breaking up complex products or business models into their most basic forms and then rebuilding them in the most economic manner possible to tap the bottom of a market. They call it frugal engineering. The term was coined by Carlos Ghosn, the chief executive of Renault and Nissan , to describe the automotive engineering that went into Tata Motors’ Nano, a small car that retails for just $2,000 in India. Tata itself sometimes refers to its low-cost innovations as “Gandhian engineering” in honor of India’s independence leader Mahatma Gandhi, a renowned proponent of self-sufficiency. Over the past few years, India has gained a reputation for creating a wide range of products sturdy enough to handle its demanding environment, easy enough for a wide range of people to use — and most importantly, affordable — from solar-powered ATM bank machines to a detergent requiring little water. But getting these mean, lean products to consumers is not as easy as distributing them in the developed world. Anil Gupta should know. He started the Honey Bee Network (http://www.sristi.org/hbnew/index.php) to support India’s grassroots innovators and is an advisor to the National Innovation Council. He can rattle off a list of fantastic bricolage inventions, from an amphibious bicycle to a washing-cum-exercise-machine, that had no chance in the market. “Innovators are not necessarily good entrepreneurs,” he noted. This is where big corporations have the advantage. Domestic and multinational companies based in India are taking that frugally motivated mindset and applying it to their entire business models. SACHET MARKETING One of the earliest and most simple business process innovations was started by a south Indian health and beauty company, Velvette, in the 1980s. Keen to reach Indians who aspired to use shampoo but could not afford to buy a bottle of it, Velvette began putting small quantities, enough for one or two washes, into plastic sachets. The idea spread. Multinationals such as Unilever and Procter & Gamble , which distributes Colgate products, adopted it. Now in small shops throughout India you can find streams of sachets dangling from crowded shelves and filled with anything from detergent and cough syrup to potato chips and mobile phone minutes. “The aspiration for these products was there, but consumer ‘money in the pocket’ to afford a large cash outlay was not there. So success at the lower cash-out lay in these sachets,” said Geetu Verma, Executive Director of Innovation with Pepsico India, which sells small packets of its sports drink powder. Sachets worked in markets where people were familiar with the products. But 10 years ago when Hindustan Unilever Ltd wanted to reach people in “media blackout zones” where its commercials weren’t seen and its products unknown, it had to think of an entirely new marketing method. Who better to promote its personal and home hygiene products but women looking to increase their household income? “This is a great way to talk to consumers in those areas,” said K. Adarsh, HUL’s Head of Customer Marketing. PEOPLE POWER In a project called Shakti Amma (empowered woman) that started in 2002, HUL tapped an existing network of women’s micro-financing groups, in which women get loans to buy something that can help them earn an income. In this case, the usual cow or weaving loom was replaced with R20,000 worth of HUL shampoos, detergents. “Shakti entrepreneurs go from home to home talking about relevant brand benefits — like hygiene and healthcare — of our products,” Adarsh said. They sell products not only to households but also small village shops and kiosks — often the front room of a family home — becoming a marketing and distribution tool in one go. Today 45,000 shakti ammas push HUL products in India. Last year, the company decided to diversify the network and include husbands and sons in the distribution process. Like Colgate’s Raj Verma who rides his trusty bicycle around Sitapur district (named after Lord Ram’s wife Sita), ‘shakti maan’ (empowered man), ride from village to village. They cover much more ground than the women, who do not like to travel outside their villages on their own. That has added an additional 23,000 rural shakti distributors, helping HUL triple their rural reach in 2010. The program is now being used in Bangladesh and Sri Lanka. Pradeep Kashyap, founder and CEO of MART, a rural market consultancy company, helped HUL create Project Shakti. He has worked with many multinationals, including Colgate and Dupont, which are keen to tap India’s growing middle income families. If companies want to succeed in an emerging market, they must link up with India’s vast social networks to reach remote customers, he said. “In a country like India, or any developing economy, the physical infrastructure is weak, but the social infrastructure is very strong,” Kashyap said. “Unlike in the west, where the physical infrastructure is very good — the roads, the electricity — but the social infrastructure doesn’t need to be strong. So we have to leverage on our social infrastructure.” India’s historical tradition of swadeshi (self-reliance) has provided a social incubator for today’s frugal engineering and business innovation. Mahatma Gandhi adopted swadeshi as an economic strategy in the independence movement, boycotting British products in favor of Indian-made products and production techniques. NUCLEAR FAMILY For many multinationals, doing business in India means being the first to set up new distribution networks that developed countries take for granted. General Electric has 4,000 employees at its research and design facility in Bangalore, many of them products originally designed in the West and being re-engineered for new uses in the India market. One of them is a lightweight ECG machine that can fit in the backpack of a traveling doctor. It can take 500 readings on a single battery charge and costs only a tenth that of a standard ECG machine. When GE Healthcare wanted to sell PET-CT cancer diagnosis machines, it met an unexpected roadblock. Cancer treatment was a relatively undeveloped area of healthcare. India had no national network to make the isotopes necessary for the procedure, never mind transporting them across poorly connected states. First GE had to lobby the government for permission to make isotopes in their cyclotron machines. Then it had to get airlines and hospitals on board to create an efficient distribution method to transport the isotopes — which have a limited shelf life — all over India. But it paid off. GE Healthcare has sold 45 PET-CT scanners, each costing about $1.5 million, and nine cyclotrons at $2.5 million each, and expects the market for nuclear medicine procedures in India to grow at a rate of 15-20 percent a year from 10 percent now. “When you look at adversity, the mother of that is opportunity,” said V Raja, GE Healthcare CEO. “When you (have) that mindset, invariably you’ll find a way for your product to reach your customer.” WALKING ON SUNSHINE Harish Hande took that mindset and the sachet marketing model and applied it to sunshine. Upon returning to India after getting an engineering doctorate from the University of Massachusetts, he set up a company in the mid-1990s that sells small solar panels to India’s vast rural poor, most of whom had little hope of getting on the congested power grid. The panels only provided enough electricity to light four lamps for four hours a day and each unit cost around R8000 ($173) — a lot to ask from customers who typically make R3000 month. For his idea to work, Hande had to become part solar evangelist and part financial broker, as he pounded the pavements to find banks willing to provide long-term financing to people with no bank accounts, no credit history and, sometimes, no fixed abode. It took four and a half years to get a system in place. But it paid off. His company SELCO now reaches half a million people and provides electricity to 120,000 households. “SELCO was created to destroy three myths: the poor cannot afford technology, the poor cannot maintain technology and you can’t run a commercial venture while trying to meet social objectives,” Hande said in his solar-lit Bangalore office. “I believe in the democratisation of energy. The poor shouldn’t have to depend on power plants and politicians,” said Hande, who won the 2011 Magsaysay award — Asia’s equivalent of the Nobel Prize — for his work. Hande has also found a way to sell even smaller quantities of green power. He is encouraging customers to use the solar panels to charge dozens of large batteries a day, load them on a cart and push their way through town, renting them out to street hawkers who use them to light up their stalls at night. “You’ve created an entrepreneur to do that — that’s job creation — and he takes a loan from the bank and does it,” Hande said. “So it’s a win-win situation for the financial institution, for the entrepreneur, for the street vendors replacing kerosene. I’ve not even talked of the environmental effects, right? The added benefit of it is the climate change.” ($1 = 47.46 Indian rupees) (Editing by Bill Tarrant)

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Analysis: Oil releases a gamechanger, despite price bounce

September 16, 2011

By Joshua Schneyer NEW YORK (Reuters) – It might not sound like much of a victory. The United States and other oil consuming countries release emergency stocks of oil to put a lid on prices. The result: oil prices in London rise by $1 since the program began, three months ago. But many oil experts say the strategic releases — just the third-ever by a group of consumer countries — were a major success. Not only did they likely avert a further rise in oil prices during the peak U.S. driving season, but they set a precedent for consuming countries to keep bullish oil speculators in check. “The recent IEA releases completely changed the psychology of the oil market,” said Amy Jaffe, an energy policy expert at Rice University’s Baker Institute in Houston. “The move worked, as it has in the past, because speculators now have to worry that extra oil may come if prices reach a certain level. It showed they are willing to use the strategic reserves.” The program to release 60 million barrels by the 28-nation International Energy Agency, which formally ended on Thursday, was first announced on June 23, when it set off an immediate drop of $7 a barrel in Brent crude prices. The program, heavily lobbied for by the U.S. government, was controversial, with lots of oil market players deriding it as a political move to appease testy consumers, after U.S. gasoline prices rose to near $4.00 a gallon in May. IEA’s extra oil supplies may have helped accelerate a 22 percent slide in U.S. oil prices from 30-month highs near $115 in early May. U.S. crude traded below $90 on Thursday. While Brent has bounced back to its June price levels, it has not come anywhere near a high of $127 a barrel reached in April, a price some economists warned could tip major economies back into recession. The IEA releases came in response to surging oil prices and supply disruptions in war-torn Libya. As Libya starts to resume output following the toppling of Muammar Gaddafi’s regime, the IEA says it sees no need to release more oil for now. DEPARTURE FROM BUSH POLICY The United States lobbied heavily for the releases, in a sharp departure from Bush Administration policy, which abhorred using the 727 million barrel SPR for anything but a major war or hurricane. Bush, for instance, never tapped SPR crude when the oil sector of Venezuela, a top U.S. supplier that pumps more crude than Libya, was crippled in late 2002 and early 2003 by a strike. The IEA also coordinated closely with Saudi Arabia, which has lifted its own output by some 900,000 barrels a day since May, according to Gulf sources. “It’s pretty clear that things would have been worse without the releases,” said Edward Morse, head of commodities research at CitiGroup in New York. “The supplies freed up oil that would have moved to the United States Northeast, instead sending it to Europe or Asia.” To be sure, economic malaise has also contributed to cooling oil prices, as U.S. job growth stalled in August, manufacturing slowed worldwide, and Europe’s economies faced debt crises. The IEA’s extra oil was less than a day’s worth of global supply, and less than a fourth of the crude that Libya stopped producing since February. The country’s normal 1.6 million barrels a day (bpd) ground to a halt during a civil war, with most experts expecting it to take a year or more to recover. Analysts say the economic downturn could have been even worse without additional supplies. “The SPR releases did help since prices would have been higher without them,” said Olivier Jakob of Petromatrix in Geneva. Even with the releases, U.S. crude stocks fell last week to their lowest levels since February. Without the 30.6 million barrels in SPR oil, inventories would have slipped below their five-year average level for the first time since late 2008, Energy Department data shows. (Graphic: http://link.reuters.com/fys73s ) President Barack Obama championed the releases, even though the United States does not import much Libyan crude. U.S. average retail gasoline prices, which rose to $3.91 a gallon in early May, have receded to around $3.63 a gallon. But U.S. gasoline demand has not recovered. Motorists this summer used the least fuel since 2003. The IEA releases also came over a period of growing global supply tightness. The world’s light oil output has stalled due to maintenance in the North Sea, and Nigerian disruptions. Goldman Sachs said this week that the end of the IEA releases may usher in higher oil prices, forecasting Brent at $130 a barrel in 2012, or $15 above current levels. Others, however, say the recent intervention will give oil bulls reason to think twice. “Speculators now know they can’t just bet on prices rising with impunity,” Jaffe said.

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New Book: Geithner Ignored Obama Order On Banks

September 16, 2011

NEW YORK — A new book offering an insider’s account of the White House’s response to the financial crisis says that U.S. Treasury Secretary Tim Geithner ignored an order from President Barack Obama calling for reconstruction of major banks. According to Pulitzer Prize-winning author Ron Suskind, the incident is just one of several in which Obama struggled with a divided group of advisers, some of whom he didn’t initially consider for their high-profile roles. Suskind interviewed more than 200 people, including Obama, Geithner and other top officials for “Confidence Men: Wall Street, Washington, and The Education of A President,” which will be released Sept. 20. The Associated Press purchased a copy on Thursday. The book states Geithner and the Treasury Department ignored a March 2009 order to consider dissolving banking giant Citigroup while continuing stress tests on banks, which were burdened with toxic mortgage assets. In the book, Obama does not deny Suskind’s account, but does not reveal what he told Geithner when he found out. “Agitated may be too strong a word,” Suskind quotes Obama as saying. Obama says later in the book that he was trying to be decisive but “the speed with which the bureaucracy could exercise my decision was slower than I wanted.” Geithner says in the book that he did not recall that Obama was mad at him about the Citigroup decision and rejected allegations contained in White House documents that his department had been slow to enact the president’s plans. “I don’t slow walk the president on anything,” Geithner told Suskind. “The Citbank incident, and others like it, reflected a more pernicious and personal dilemma emerging from inside the administration: that the young president’s authority was being systematically undermined or hedged by his seasoned advisers,” Suskind writes. Suskind states that Obama accepts the blame for mismanagement in his administration while noting that restructuring the financial system was complicated and could have resulted in deeper financial harm. One of the major complaints about Obama’s administration is that it was too easy on major financial institutions, including Citi. The president had wanted Treasury officials to focus on a proposal to dissolve the bank, but no plan was ever created, the book states. In a February 2011 interview with Suskind, Obama acknowledges another ongoing criticism – that he is too focused on policy and not on telling a larger story, one the public could relate to. Obama is quoted as saying he was elected in part because “he had connected our current predicaments with the broader arc of American history,” but that such a “narrative thread” had been lost. Obama observes that he and fellow Democrats Bill Clinton and Jimmy Carter “all have sort of the disease of being policy wonks.” Suskind’s book supports other accounts of disagreement among advisers over how large a stimulus was necessary to revive the economy and how aggressively to deal with financial institutions that had become “too big to fail.” Larry Summers, the former White House economic adviser, is quoted as lamenting that he and others felt “home alone” and that mistakes made under Obama would not have happened under President Clinton, for whom Summers also served. Interviewed by Suskind, Summers initially denied making such comments, then acknowledged them, saying he was frustrated at having “five issues” of major importance to deal with at once and not “five times as many” officials to handle them. The book says one of Obama’s top advisers, former chief of staff Rahm Emanuel, was not the president’s first choice for the position. According to Suskind, Emanuel’s name was not even on the initial short list, which included White House aide Pete Rouse. An investigative reporter, Suskind won a Pulitzer Prize in 1995 while working for the Wall Street Journal. His other books include “The Way of the World” (2008), which focused on national security, and “The Price of Loyalty” (2004). That best-seller was an account of the Bush administration and its first treasury secretary, Paul O’Neill, that includes what became a widely cited remark by then-Vice President Dick Cheney: “Reagan proved that deficits don’t matter.” Suskind’s 1998 book, “A Hope Unseen,” grew out of the series of articles that won him a Pulitzer for feature writing. Other recent books about the Obama administration include Bob Woodward’s “Obama’s Wars,” which focused on foreign policy, and Jonathan Alter’s “The Promise,” which covered his first year in office.

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Blanche Lincoln: Avoid Extremes to Solve our Nation’s Problems

September 16, 2011

Unrelenting partisanship can strangle our nation’s political process and divert our energies from building our economy. And in the midst of this year’s deficit debate, we’re seeing a great deal of that deleterious behavior playing out inside the Beltway. When adhering to a partisan mindset, lawmakers reject any ideas that originate from their opposition, regardless of merit. And the political welfare of our nation — which is increasingly comprised of independents who are practically and politically moderate problem solvers — suffers as a result. This partisanship has been evident in the current debate over federal regulations. Catering to their base, the administration has been resolute in its pursuit of aggressive, sometimes duplicitous, and often excessive regulatory agendas. And all of these, as we know, come with a hefty price tag — ill-timed as we continue to see stagnant job growth and unemployment numbers. Some Republicans, on the other hand, tout points calling for the dismantling of EPA, the end of regulation, and the unshackling of our economy. But any unbiased observer can see that such drastic action is uncalled for. Rather than adhering so closely to talking points and principal, our regulators and lawmakers need to turn their focus to sensibility and common sense. Regulation does not have to be — and should not be — the political football that it has become in recent years. And history demonstrates this to be true. The carbon monoxide standards which limit the allowable level of the pollutant in cities over any given eighthour period have remained constant since 1971. The Environmental Protection Agency recently announced that the existing limit of 9 parts per million adequately protects human health and the environment, adding stability to businesses forced to comply with the measure. This decades-old standard is a prime example of the type of long-lasting, effecting regulation we need. Unfortunately, this kind of symbiotic relationship is far from a foregone conclusion when creating regulations. Since the 1970s, EPA has defined milk as an “oil” and regulated it accordingly. That meant the agency subjected a small family dairy farm in Pennsylvania to the same costly rules designed to prevent oil spills as drilling operators in the Gulf of Mexico. U.S. regulatory czar Cass Sunstein recently applauded the agency for saving America’s milk industry as much as $1.4 billion over the next decade by exempting it from the rule back in May. However, the refinement of this rule raises larger questions: what kind of regulatory process would enable such a costly, clearly irrational rule to weigh on American small businesses for nearly 40 years? How much can we save other industries in the next decade that they could reinvest in job creation? This systemic problem extends to pending regulations as well. These programs have consequences for everyday businesspeople, often forcing them to hire legal teams and compliance officers, buy new equipment, change practices, or limit growth or expansion. Randy O’Dell of Greenville, Ohio was forced to pay $200,000 for equipment to meet EPA standards at his glassmaking company in 2006, standards that were later relaxed. Efforts to create new jobs at a company like O’Dell’s Jafe Decorating come to a standstill when regulations become overly burdensome. Creating a level of uncertainty brings reinvestment to a halt. These challenges to our small businesses and the communities and neighborhoods they serve illustrate why I’m chairing the Small Businesses for Sensible Regulations campaign to restore sensibility to our regulatory process using practical solutions. This balance will require compromise to ensure that regulations are adding benefit to people’s lives today without charging the bill to future generations. The sooner we remove incendiary politics from our nation’s rulemaking process, the sooner we can restore the health of our economy — and our political culture. Blanche Lincoln is a former U.S. Senator from Arkansas and the chair of the National Federation of Independent Businesses’ Small Businesses for Sensible Regulations campaign.

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Verdict reached in TCW vs Gundlach: court

September 16, 2011

LOS ANGELES (Reuters) – The jury has reached a verdict in a courtroom battle between Trust Company of the West and former investment chief Jeffrey Gundlach, concluding a six-week trial that has transfixed the financial industry. The Los Angeles Superior Court jury’s verdict — after just two days of deliberations — will be released Friday morning. The legal showdown between the “king of bonds” and the unit of French bank Societe Generale had offered an insider’s view into money management firms and the outsized personalities that operate them. TCW fired Gundlach in December 2009 and sued him a month later, accusing him of stealing trade secrets, plotting to form a new company using TCW proprietary information, and gutting the firm of its entire mortgage-backed securities team. Gundlach fired back with a counter-lawsuit, alleging his former employer owed him hundreds of millions of dollars in compensation and had secretly plotted to fire him when he was chief investment officer. The case in Superior Court of California, County of Los Angeles is Trust Co of the West v. Jeffrey Gundlach et al, BC429385. (Reporting by Mary Slosson; Editing by Gary Hill)

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Commonwealth Bank nabs top Credit Suisse banker

September 16, 2011

SYDNEY (Reuters) – Commonwealth Bank of Australia (CBA) appointed several top executives on Friday, including a key Credit Suisse dealmaker, highlighting its efforts to acquire top talent under its new chief executive. CBA appointed Robert Jesudason, most recently a top mergers and acquisition banker for Credit Suisse in Hong Kong, to take over as group head of strategy. CBA’s chief executive elect, Ian Narev, is himself a proven dealmaker and his move to hire a top M&A banker could indicate that CBA will increase its focus on takeover opportunities in Asia. The bank also picked Grahame Petersen has been appointed group executive business and private banking. (Reporting by Balazs Koranyi; Editing by Mark Bendeich)

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Lawsuit Alleges HP Execs Misled Investors

September 16, 2011

(Reuters) – Hewlett-Packard Co and top executives misled investors for months before unveiling a series of major decisions, such as the demise of the TouchPad, that hammered its shares, a shareholder alleged in a proposed class-action lawsuit filed this week. Shareholder Richard Gammel accuses the world’s largest technology company of concealing the fact that its existing business model was not working and that webOS — the operating software it inherited after buying Palm — was no longer central to its business model. On August 18, the U.S. tech giant stunned Wall Street by saying it was considering a spinoff of the world’s largest PC business, killing off webOS devices such as the TouchPad, and buying British software company Autonomy Corp for $12 billion. Shares of the company plunged 20 percent the following day, marking their biggest single-day drop since the Black Monday stock market collapse of 1987. The lawsuit, filed this week in U.S. District Court by Robbins Geller Rudman & Down, accuses HP executives including CEO Leo Apotheker and CFO Cathie Lesjak of misleading investors by making positive statements about the company’s performance that later proved unfounded. The lawsuit seeks to recover unspecified damages on behalf of any who bought into HP between November 22, 2010, and Aug 18 of this year, arguing that the lack of disclosure about potential issues means its shares were artificially inflated. HP did not respond to requests for comment. Lawsuits by shareholders seeking class-action status are common after major declines in stock prices. Investor ire against Apotheker has grown after a series of disappointments in quarterly results, capped by the August announcements. Some also say HP is overpaying for Autonomy. (Reporting by Edwin Chan in Los Angeles, editing by Matthew Lewis) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Admitted insider handed 18-month prison term

September 16, 2011

NEW YORK (Reuters) – A former account manager at a semiconductor company who pleaded guilty in the government’s campaign against insider trading was sentenced to 18 months in prison on Thursday. Manosha Karunatilaka, 37, had previously pleaded guilty in Manhattan federal court to passing tips about Taiwan Semiconductor Manufacturing Co to Primary Global Research, a so-called “expert network” that provides information to investors and hedge funds. Karunatilaka, a naturalized U.S. citizen from Sri Lanka, is the latest defendant to be sentenced as a result of crackdown by federal prosecutors on insider trading. Speaking to a contrite and apologetic Karunatilaka, U.S. District Judge Jed Rakoff said “just because his unlawful activities can be purchased cheap so to speak does not mean that he was not engaged in a corrosive activity that is hard to detect, hard to deter.” Upon pleading guilty in May, Karunatilaka admitted to receiving more than $35,000 from Primary Global for providing inside information between January 2008 and June 2010. Judge Rakoff imposed a heavier sentence than the one-year of split prison and home detention time Karunatilaka’s lawyer had requested. Prosecutors had called for a 37- to 46-month sentence. Last month, a Manhattan federal court judge sentenced a former trader at the Galleon Group hedge fund to 5-1/2 years in prison. That man, Craig Drimal, who pleaded guilty to insider trading charges, used to work in the Galleon offices, but not at the time of his arrest. Galleon’s chief, Raj Rajaratnam, was convicted in May and is scheduled to be sentenced on September 27. The case is: USA v. Shimoon et al, U.S. District Court for the Southern District of New York, No. 1:10-mj-02823. (Reporting by Basil Katz; Editing by Bob Burgdorfer)

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European Debt Crisis Explained Using Legos, Buzz Lightyear

September 15, 2011

The European debt crisis appears to be so complicated that even financial wonks are resorting to toys to explain it. Felix Salmon of Reuters takes the latest stab at making sense of the crisis in a video featuring Jessie, the cowgirl from Toy Story , as International Monetary Fund Chair Christine Lagarde, and Buzz Lightyear as European Central Bank President Jean Claude Trichet. The idea of using toys to describe Europe’s complicated situation isn’t original to Salmon. Earlier this month, JPMorgan Chase’s Michael Cembalest first created a toy-based graphic to explain the interconnection s of a region brought together by the national debts of a handful of countries. Though Salmon employs a light tone in the video, his message is serious: European leaders won’t solve the region’s crisis unless all the different toys on the board can find some way to agree. See Salmon’s post on Reuter’s here.

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Insight: BofA cuts foretell downturn in branch banking

September 15, 2011

By Dan Wilchins and Joe Rauch (Reuters) – To see why Bank of America Corp can cut 30,000 jobs from its consumer banking business, just stop by one of the 14,000 new automatic teller machines it has installed over the last three years. The machines scan checks and cash and allow deposits to be reflected in customer accounts the same day. A scanning ATM is faster and less prone to processing error than a teller. Combined with the bank’s other efforts to shunt customers away from tellers, the ATMs will make many consumer banking personnel all but unnecessary. Bank of America has about 95,000 employees in consumer and small business banking. To Chief Executive Brian Moynihan, this area, and retail banking in particular, may be the bank’s best opportunity for cutting costs. The golden era of branch banking is over, analysts said. “A branch system is simply becoming uneconomical,” said Nancy Bush, a bank analyst and contributing editor at SNL Financial. Bush estimates the industry will need 20 percent fewer branches over time due to electronic banking advances and changing customer behavior. “It just makes no sense to have a huge network.” For years, banks have raced to build and buy branches in a dash to grab as many deposits as possible. But starting in 2010, the number of branches fell 1 percent to 98,507, according to the Federal Deposit Insurance Corp. Many of the branches that remain are likely to be slimmed down. Banks may still want deposits, but they want them cheap. Bank of America is one of many banks that is likely to lay off retail banking staff. Analysts said Wells Fargo & Co for example, is likely to follow a similar strategy. A Wells Fargo spokeswoman was not immediately available for comment. Shuttering branches and laying off retail staff is a fast way to cut costs, and Bank of America’s Moynihan needs quick fixes. The biggest U.S. bank has lost more than $12 billion over the last five quarters, hurt by bad mortgages and related litigation, and its shares have lost nearly half their value this year. The bank has deployed about 50 executives to review over 150,000 proposals for restructuring the bank, in a program known as the “New BAC.” The name refers to the bank’s stock symbol. On Monday, the bank announced plans to cut 30,000 jobs from its range of consumer business units over the next several years as part of the first phase of New BAC. Expense reductions in retail partly reflect a series of acquisitions by Moynihan’s predecessors that were never properly stitched together, resulting in, for example, the bank having 63 data centers in the United States. “That’s not what we planned to have, but it’s what we ended up with,” Moynihan said at a conference on Monday. Some people familiar with the bank said it has been slow to take steps such as moving to a single deposit system, which tracks the deposits a customer makes to his or her account. Arguably, uniting those systems should have happened years ago. Bank of America is moving to a single deposit system, Moynihan told the conference. He also said that Bank of America’s second wave of expense reduction efforts in other businesses may be smaller. A THIRD OF THE COST Rationalizing acquisitions is one source of cost cuts, but technology is important too. Automated teller machines have been accepting deposits for decades, but customers were long hesitant to use them for anything but withdrawing cash and checking balances. Older ATMs require customers to put their checks and cash in envelopes, which remain in the machine until bank employees collect them and process them by hand. It is safe, but for many customers it feels like putting a message in a bottle. For most banks, the check processing happens off site, meaning an armored truck has to pick up the deposits and take them to another location. Scanning ATMs allow an image of a check to be sent to a processing center, which can now be much farther away from the bank. The ATMs often recognize the dollar amounts mentioned on the check, allowing money to be posted to an account faster. Cash deposits can be posted immediately to the customer’s account. Customers can make payments for credit cards, home equity and personal loans linked to their accounts on Bank of America’s new ATMs. “Our customers don’t want to wait. There’s this expectation they can come in and get out quickly,” said Shelley Waite, the bank’s ATM channel executive, in an interview with Reuters The popularity of the spiffed-up machines is clear: just a quarter of the bank’s customers used to deposit money through ATMs while today half do — and the percentage is growing, Waite said. That translates into real savings. Check deposits at a scanning ATM cost the bank about 59 cents per transaction, compared with about $1.48 for teller deposits and about $1.82 for conventional ATMs, according to research firm Tower Group. Or look at it this way: a scanning ATM can cost $45,000 and last five years for an annual cost of around $9,000. A teller typically costs around $30,000 a year, including benefits, said Darryl Demos, a managing director at consulting firm Novantas. A branch has about seven employees on average, three or four of which would be tellers. With scanning ATMs it can likely reduce that staffing by one or two tellers, said Demos. Scanning ATMs also allow banks to reduce their deposit processing staff. And longer term, banks may be able to take tellers out of branches entirely, and have them work with customers remotely through video conferencing technology. Citigroup and other banks are experimenting with that kind of technology now. Bank of America has taken other steps to reduce its branch personnel costs, including moving clients with low balances into accounts that charge a fee for using a teller. Not every bank and every branch will use scanning ATMs to slim down staff levels. Some will replace tellers with investment advisors, mortgage lenders, or other product specialists. And some banks that pride themselves on personal service will still keep large numbers of staffers. For as long as there have been ATMs, analysts and bankers have been forecasting the demise of tellers, but so far layoffs have been relatively modest. But scanning ATMs, narrowing bank profits and weak loan demand should put new pressure on banks to cut staff and close branches, experts say. Bank of America, which boasted a record 6,100 branches in 2008, today has 5,700 and plans to close around 10 percent of its branches in the coming years. “I’ve been helping banks with branches for decades,” Novantas’ Demos said. “There’s never been the sense of urgency that there is now to get it right.” (Reporting by Joe Rauch in Charlotte, North Carolina and Dan Wilchins in New York; editing by Tim Dobbyn and Andre Grenon)

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Devon Swezey: Industry Titans Push Energy Innovation

September 15, 2011

By Alex Trembath and Devon Swezey. On Tuesday, the American Energy Innovation Council (AEIC) — composed of industry titans like Microsoft Chairman Bill Gates, Bank of America Chairman Chad Holliday and leading venture capitalist John Doerr — released a follow-up to their 2010 report “A Business Plan for America’s Energy Future.” The new report, “Catalyzing American Ingenuity: The Role of Government in Energy Innovation,” doubles down on the Council’s earlier calls for increased and sustained public investment in clean energy technology, and offers new ideas about how greater energy innovation investment can be paid for in a new era of fiscal austerity. In the wake of the high-profile bankruptcy of California solar company Solyndra , government critics are attacking federal investment in clean energy innovation, arguing that such decisions should be left to the “free market.” But in their new report, these business leaders and entrepreneurs argue that government investment in energy innovation is key to realizing a clean energy future. In addition to Gates, Holliday and Doerr, the AEIC boasts membership from former Lockheed Martin CEO Norm Augustine, Xerox CEO Ursula Burns of Xerox, General Electric CEO Jeff Immelt and Tim Solso, CEO of Cummins Inc. In the report, these executives highlight the tremendous impact that federal investment has had on technological innovation and economic growth throughout American history: The federal government has played a central role in catalyzing and driving innovation and technology deployment throughout the history of the United States — often with strong results. This kind of support took a variety of forms. In the 19th century government scientists mapped out natural resource endowments and Army officers surveyed routes for railroads, including helping to plan and sometimes manage their construction. In the early and mid-20th century, programs such as rural electrification and massive public works projects, such as the construction of the Interstate Highway System, enhanced mobility and connectivity and directly or indirectly contributed to the development of new technologies and industries … government efforts to develop guidance systems for the military played a role in the development of digital computers and microchips. Navy support for aviation technology led directly to Boeing’s 707 — one of the first major commercial jetliners. The Defense Advanced Research Projects Agency (DARPA) created a distributed network of computers called ARPANET, which laid the early foundation for the internet. The U.S. government played a direct and indispensable role in launching the commercial nuclear power industry. Indeed, as the Breakthrough Institute has documented in “Where Good Technologies Come From,” the federal government has made key investments in most of the technologies we take for granted, including the personal computer, the Internet, the jet engine, GPS, cell phones, the biotechnology industry, and countless blockbuster pharmaceutical advances. Today, as the AEIC report makes clear, such investment is urgently needed to catalyze breakthrough innovation in clean energy technologies in order to make them cheaper, more reliable, and therefore more widely adopted around the world. Critics tend to ignore this history, claiming that innovation is solely the domain of the private sector. Following Solyndra’s bankruptcy, these critics have insisted that “the government should not play venture capitalist.” AEIC member John Doerr, perhaps the nation’s most well known venture capitalist, sees things differently. Doerr writes, “America must embrace risks in innovation and invest heavily in R&D to create a full pipeline of good ideas.” Echoing what we wrote after Solynda closed its doors, the report recommends that federal energy innovation investment “focus more on overall program success than on individual project success and emphasize the value in calculated risks.” In addition to issuing a robust defense of federal investment in energy innovation, the AEIC report also presents smart suggestions for strengthening some energy technology programs and reforming others. They support the federal energy loan guarantee program (which is under increasing scrutiny after Solyndra’s bankruptcy), and call for boosting the budget of ARPA-E , the government’s innovative, high-risk energy research agency, to $1 billion annually from around $200 million today. They also support a new Clean Energy Deployment Administration to aid the commercialization of first-of-their-kind innovations and mobilize significant private-sector capital in scaling up advanced energy technologies. The Council also urges reform of the inefficient process by which the government conducts national energy policy, warning that “uncertain annual appropriations, short-term tax credits, and one-time spending injections are all unsuited to creating the sustained, predictable funding stream needed to bolster the country’s innovative infrastructure.” Moreover, as Breakthrough wrote recently in the National Journal , many of the federal programs supporting clean energy industries are set to expire in the next few years, which will likely precipitate a crash in the industry. In order to avoid the perpetual boom-bust cycle in clean energy, the U.S. government must increase the kinds of energy innovation investments outlined in the AEIC report. These investments must be rationalized around driving innovation and cost declines to make clean energy cost-competitive without subsidy. Given the tight fiscal environment, the Council recommends a number of revenue streams that could fund innovation investment without adding to the budget deficit, including revenues from domestic oil and gas production, redirecting existing energy subsidies for mature industries, or small fees on electricity usage. Ultimately, however, these leading business executives make a forceful case that America’s current “budget dilemma,” as they call it, is no reason to delay in boosting funding for energy innovation. “Supporting innovation,” they write, “is an investment, not a cost.” Indeed, given the country’s economic malaise, there is no better time to make growth-enhancing investments that could catalyze a new era of American economic leadership in a key global industry. Critics of government investment in energy innovation would do well to listen to these titans of industry, and to heed their recommendations. To read the full AEIC report, click here (PDF).

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American Earnings Now Same As During Nixon Era

September 15, 2011

The latest poverty and income figures came out this week, and boy are they disturbing. It’s not so much the headline figures, which have been well covered in the Times and elsewhere: 46 million Americans living under the poverty line in 2010, the highest number since the Commerce Department started collecting the figures back in 1959. That’s a horrible statistic. (Amy Davidson responded on Tuesday.) But it’s not too surprising since we’ve been through the deepest recession since the nineteen-thirties, and getting thrown out of work is a primary cause of poverty. (Plus, the population grows every year. If the proportion of people in poverty stays the same, you’d expect the absolute numbers to grow over time.)

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