November 2011

Malaysia’s Oct inflation rate up by 3.4%

November 23, 2011

(MENAFN) Malaysia’s statistics department said that last month, the country’s inflation rate grew by 3.4 percent from 2010′s same period, due to higher prices, reported Xinhua News. The …

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Malaysia’s Oct inflation rate up by 3.4%

November 23, 2011

(MENAFN) Malaysia’s statistics department said that last month, the country’s inflation rate grew by 3.4 percent from 2010′s same period, due to higher prices, reported Xinhua News. The …

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China’s Jan-Oct logistics costs grow 18.7%

November 23, 2011

(MENAFN) China Federation of Logistics and Purchasing (CFLP) said that during the year’s first ten months, logistics costs jumped 18.7 percent from 2010 to USD6.4 million, reported Xinhua …

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India’s Tata Motors revamps its Nano brand

November 23, 2011

(MENAFN) Tata Motors said that in order to attract more clients, the automaker revamped its Tata Nano, the world’s cheapest car, reported Khaleej Times. The company added that the car’s new …

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Avalon Rare Metals Inc. (TSE:AVL) Appoints Vice-President, Sustainability

November 23, 2011

http://www.abnnewswire.net/rss2/menafn/abn_menafn_en.asp Avalon Rare Metals Inc. (TSE:AVL) (NYSE Amex:AVL) (“Avalon” or the “Company”) is pleased to announce that the Company has hired Mr. Mark …

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Corporate Strategy Key to Mesoblast Limited (ASX:MSB) Success

November 23, 2011

http://www.abnnewswire.net/rss2/menafn/abn_menafn_en.asp Mesoblast Limited (ASX:MSB) Chief Executive, Professor Silviu Itescu, today provided shareholders at Mesoblast’s Annual General Meeting with …

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Texon Petroleum Ltd (ASX:TXN) Wilcox Test, Oil Flowing

November 23, 2011

http://www.abnnewswire.net/rss2/menafn/abn_menafn_en.asp Texon Petroleum Ltd (ASX:TXN) advises that its first Wilcox Well (Hoskins #2) is flowing oil at a few barrels a day. The Wilcox interval …

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Gold Anomaly Limited (ASX:GOA) Announces a Maiden 790 KOz Gold Resource at Crater Mountain

November 23, 2011

http://www.abnnewswire.net/rss2/menafn/abn_menafn_en.asp Gold Anomaly Limited (ASX:GOA) is pleased to announce the completion of a maiden resource estimate in accordance with JORC guidelines for …

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Nokia Siemens to eliminate 17,000 Jobs

November 23, 2011

(MENAFN) Nokia Siemens Networks unveiled plans to slash 17,000 jobs worldwide by the end of 2013, Bloomberg reported. Nokia Siemens said its move is targeted to save USD1.3 billion in annual …

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US Deere reports USD66.96m profits in Q4

November 23, 2011

(MENAFN) Deere & Co. reported 46 percent increase in profits to USD66.96 million in the fourth quarter from USD457.2 million a year earlier, Bloomberg reported. The world’s largest farm-equipment …

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EU’s Sep industrial orders down 6.4%

November 23, 2011

(MENAFN) The European Union’s statistics office said that in September, European industrial orders went down 6.4 percent from August’s 1.4 percent, recording the biggest drop in three years, …

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Richard (RJ) Eskow: Tax the Rich! In Fact, Let’s Double Their Taxes

November 23, 2011

Conservatives say they want to “bring back” the old USA, the one that existed during those decades of the twentieth century they only seem to see through a gauzy golden haze. Whatever its problems, that country was a place where Republicans and Democrats agreed on two simple principles: That the most fortunate among us should pay their fair share, and that our government must invest in the nation and its future. When Rick Perry says he wants to bring back “the America I where I grew up,” he’s talking about the era when Dwight D. Eisenhower, a Republican President, built the Federal highway system. One of the reasons Eisenhower was able to do that is that the top tax rate was much higher than it is today. While today’s highest marginal today is 35% and capital gains are taxed at only 15%, the highest tax bracket was 91% the year Rick Perry was born. Whenever I talk about tax brackets I’m attacked by right-wingers who say I don’t understand, that high taxes discourage job creators. They’ll say things like “You hippies just don’t get it! If taxes are too high rich people will stop working and investing. The Job Creators will go away!” Well, I do get it. When I was spent a student year in Great Britain the top marginal tax rate was 102%. Once a person reached a certain level of income, they had to pay more in taxes than they earned. And a few years before that, George Harrison made a compelling case against the 95% tax bracket on the Revolver album by singing “Taxman.” (The line is “that’s one for you, nineteen for me.” I make that a 95% marginal tax rate, but you can check my math if you like.) So I’ll come right out and admit it: Taxes can be too high. But that doesn’t answer the biggest question of all: What’s the ideal top tax bracket? Where can we set the percentage so that it provides the most revenue for the Federal government without discouraging high earners from making more money? Thanks to a new and very thoughtful paper by economists Peter Diamond and Emmanuel Saez , we have the answer: 76%. That’s right. The most effective top tax bracket in this country, the one that will provide the most revenue for the Federal government, is 76%. Know what that means, ladies and gentleman of Washington DC ? That’s the rate that will cut the deficit the fastest. You see where I’m going with this, don’t you? All those self-proclaimed “deficit hawks” in Washington have their answer: Double the top marginal tax rate to 70%. I say 70%, rather than 76%, to show that we’re reasonable people. It’s true that the six-point difference would save some billionaires tens of millions of dollars. Sure, that’s a lot of deficit-cutting revenue to lose, but it’s important to make them feel good about themselves. A 70% rate will show them that we care about them enough to lose all that money. That ought to bolster their confidence. Democrats have been framing the tax debate around the issue of letting the Bush tax cuts expire for the highest earners. That would bring the top tax rate to 39.5% from its current 35%. But why think small? Why embrace the radical, reckless, and irresponsible fiscal behavior of the Reagan era? A 70% tax rate will take us back to the tax levels we had during this country’s boom years. Just to be clear, this tax rate wouldn’t double taxes for the wealthy. It would only apply to income about the highest cutoff point. What should that cutoff point be? Again, we’re willing to be reasonable, so let’s make it $1,000,000. No, wait! My manager’s in a good mood. Let’s make it $2,000,000, with graduated increases that begin at the $400,000 level. It wouldn’t even affect everybody in the 1%. Agree to these terms and you can drive your new, lower-deficit Federal government off the lot right now! And no, I’m not kidding. They’ll say it’s politically impossible. Really? Dwight Eisenhower’s economic platform is politically impossible? Then change the range of possibility. There was a time when 15% tax rates for hedge fund managers was politically impossible, too, but they got it done. We need a little more can-do spirit around this place, people! Conservatives will say, What about jobs? Lower taxes create jobs! There’s a simple answer to that one: Since the wealthy have had today’s low tax rates for ten years, where are the jobs? That theory’s been conclusively disproved. Higher rates don’t discourage the real job creators, the people who really create and innovate and build. 70% was the top tax rate when Steve Jobs and Steve Wozniak started Apple and it didn’t stop them. These findings may feel intuitively “wrong” to conservatives (although they don’t feel wrong to Paul Krugman or others in a position to know). But if conservatives want to challenge these conclusions, they better be prepared to tell us why they think this is wrong: Kevin Drum quite reasonably allows that “(government) revenue maximization isn’t our only social goal.” He’s right, of course. Job creation’s another big one, but we’ve covered that. So is eliminating poverty, educating our children, ensuring a secure retirement, and making sure nobody dies from a lack of food, shelter, or medical care. People have other goals for our society, too, of course. They range from inspiring ones like freedom, liberty, and self-reliance, to unspoken and less admirable ones like the right to crush your competitors by any means necessary, the right to deceive consumers out of their hard-earned savings, or the right to indulge in gross overconsumption and meaningless excess at others’ expense. I’m inspired by freedom, liberty, and self-reliance too. But I think the young Jobs and Wozniak were free and self-reliant under a 70% tax rate. I don’t think Dwight D. Eisenhower was a socialist oppressor of the masses. And while I’m open to an argument that says doubling the top tax rate offends core American values, I can’t think of one. Eisenhower seemed pretty American to me. So the ball’s in your court, conservatives. Make your case. But until then let the new rallying cry be, Double the top tax rate! It’s time for those who have benefited from our system to pull their own weight again. Or as politicians used to say but don’t seem to anymore, “From whom much is given, much is expected.” They’ll say I hate the rich, but I don’t. I used to work with them. I admire the ones who ignore their own self interest and work for the betterment of all. Are the Rick Perrys of this country suggesting that today’s rich people aren’t as patriotic as they were in the fifties? You’re not going to bring back the America you loved as a child with that attitude, Mister! I don’t hate the other ones either, the greed junkies or the scam artists. I care about them. I want them to live in a stable, just, and vital society with a strong and growing economy. I want them to be able to deliver products to their customers using safe and efficient highways, railroads, and bridges. I want them to have a healthy, well-paid, and well-educated workforce, now and in the generations to come. Most of all, I care about their consciences. Everybody in the nation’s capital wants to reduce the deficit, so we know they’ll be thrilled with this solution. It’s like they’re always saying: Why, government has to act more like a family does! When Mom and Dad sit at the kitchen table paying their bills, they have to face facts. There comes a time when they’ve got to look up from the papers scattered all around them and say “Honey, we need more income.” Earning as much as you can is the responsible way to behave. Raise the top rate to 70%? That’s just doing what any smart family would do. Good news, Washington! Fiscal sanity is on its way. The solution to your deficit problem is here, and so is your new slogan: 70% or bust.

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Oct investment in China’s telecom sector falls 42.89%

November 23, 2011

(MENAFN) China’s Ministry of Industry and Information Technology said that last month, investment in the country’s telecom sector dropped 42.89 percent from September to USD3.43 billion, reported …

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US Postal Service to raise prices for express, priority mail in 2012

November 23, 2011

(MENAFN) The US Postal Service said that in order to hinder bankruptcy, starting 2012, the service would increase the prices of its express mail and priority mail, reported AP. The post office …

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BMW buys 15% stake in SGL Carbon

November 23, 2011

(MENAFN) BMW AG said that it acquired a 15 percent stake in SGL Carbon SE, the maker of carbon and graphite products, and strategic materials for the auto industry, reported Gulf News. The firm …

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ATI Schools & Colleges Announces Change in Leadership — Interim President and Chief Executive Officer, Mr. Michael Gries

November 23, 2011

NORTH RICHLAND HILLS, TX–(Marketwire – Nov 22, 2011) – The Board of ATI Schools & Colleges announces a change in its senior leadership by appointing Mr. Michael Gries as its Interim President and Chief Executive Officer. Mr. Gries, a nationally known restructuring expert, succeeds Mr. Carli Strength. Mr. Gries has spent most of his 35-year career shaping and developing organizations and advising companies. Michael Gries is a co-founder of Conway Del Genio Gries & Co. LLC. His demonstrated expertise includes advising companies and creditors on complex corporate reorganizations, restructurings, divestitures and acquisitions. Mr. Gries will lead the senior management team as it conducts a national search for a permanent President and CEO, and will continue to guide the ongoing compliance initiatives of the Company.

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Ian Fletcher: Curtains for the U.S. Military Industrial Base?

November 23, 2011

I’m going to turn most of my column today over to a friend of mine, Richard McCormack of Manufacturing & Technology News , who has written an exceptionally important article. Basically, after years of making economic decisions that we were warned were short-termist, the long term has finally arrived. The failure of the so-called super committee to agree on other spending cuts has finally brought the axe down on U.S. defense spending, and it’s really going to hurt this time. Oddly enough, I’m not talking about national security disasters in the immediate term. I’m talking about the fact that we are going to cut our defense spending to the point that our defense industrial base will start to lose capability. This, in the long run, is more important than how many tanks or planes the U.S. fields on a given day. Every war the U.S. has won since the North defeated the South in 1865 has turned on industrial capacity. Even before then, the U.S. arguably only survived because Congress in 1801 had the foresight to finance an American copper industry in the form of a company, Revere Copper and Brass, that still exists — and is run by Brian O’Shaughnessy, another friend of mine. (Thanks to Revere Copper, we were able to make the copper sheathing for the bottoms of our naval vessels that protected their wooden hulls from being devoured by shipworm.) This is all no accident. China, of course, knows exactly what it’s doing. Running down U.S. industrial capacity by means of predatory trade surpluses is a quintuple play for Beijing: it makes an immediate cash profit, builds up China’s productive abilities for the future, reduces a competitor’s abilities, chokes off our tax revenues, and undermines our military power. One almost has to admire the sheer elegance of their strategy. Didn’t Sun Tzu say that to subdue an enemy without fighting him was the acme of skill? Anyway, here’s the excerpt: The U.S. defense industrial base is on the verge of being irretrievably harmed if the Department of Defense budget is cut by any more than already planned, according to top executives of U.S. defense and aerospace companies. The industry is on the cusp of losing the ability to design and produce future weapons and space systems, due to $480 billion in cuts that have already been approved. “This is simply more than we can sustain,” says Marion Blakey, President and CEO of the Aerospace Industries Association (AIA). “Our position is no more cuts. No more. We believe that defense has been cut into the bone with the Budget Control Act” signed by President Obama on August 2, 2011. “We cannot have that continue.” If the congressional super committee can’t agree on a deficit reduction plan by Nov. 23, the Pentagon’s budget will be automatically reduced by another $600 billion over 10 years. Such a cut would result in the loss of one million jobs in the defense sector, increase the unemployment rate by one percentage point and reduce GDP growth by 25 percent, according to AIA. “You cannot assume the defense industrial base will be there if there is no investment in R&D and no significant investment going forward in acquisitions and new programs,” says Blakey. If the Pentagon’s budget is severely cut, there will be no peace dividend, say aerospace industry executives. “Not to be too black and white about it, but is a healthy industrial base critical to the security of the U.S. and the economic viability of the country?” asks Boeing CEO James Albaugh. “That is a question that the super committee has to answer.” Defense contractors are currently laying off employees and have stopped investing in R&D and new production equipment, according to industry executives. “If we had additional cuts of $600 billion over the next 10 years, I would question whether or not we have a fighting force that was capable or an industrial base left,” says Albaugh. “We will wake up one morning having not addressed the indusial base issue and call for a capability and find that the contractors do not have the ability to provide the capability.” Boeing knows all about this problem. The company experienced serious problems gearing up production of its new Dreamliner 787. “One of the reasons we had issues with that airplane was the fact that we hadn’t designed an airplane since the 777, and we lost the ability to do design,” says Albaugh. Boeing had not been engaged in a new aircraft development program since the early 1990s. “We forgot how,” says Albaugh. Without new program starts, the Department of Defense and its contractors will be engaged in sustaining equipment already in the field. This was Boeing’s role between the 777 and the 787. “Doing sustaining engineering is very different from development engineering, where you have to take the requirements, decompose those down to the smallest element of work and the smallest piece part and then you validate and verify that and build it up to the finished product,” says Albaugh. “We were too busy doing sustaining engineering. For me to be a viable [defense] contractor, you have to do R&D and detailed design. You have to transition detailed design into production. You need to do production, and you need to support the products in the field. If you lose any point on that continuum, you will have a very difficult time reconstituting it. Right now, there are very few new starts and active design teams supporting our United States Department of Defense.” A number of companies are building military aircraft, “but that doesn’t mean they have the capability to develop a new airplane if they are called upon to do it,” says Albaugh. The defense industry is in a more difficult situation today than when the Cold War ended in 1989. When DOD’s budget began to drop in the 1990s, a lot of military equipment was new: F-16, F-15, the B-1 bomber and Abrams tank. More than 700,000 military personnel retired from service. Today, the United States is fighting wars in Iraq and Afghanistan, along with dealing with cyber warfare and terrorism. The country is not taking people out of uniform. Equipment is old and needs to be reset. “It’s a very different time,” says Albaugh. Without cuts in personnel, health care and benefits, it means that most cuts to the military will be made in R&D and procurement. “In my mind, it’s ironic right now that there is not enough talk about the industrial base,” says Albaugh. “There has to be more. It really is the arsenal of freedom, and the first question we have to ask is: Is it strategic to the economic viability of our country? The answer is yes. I know the answer to that in the Pentagon is yes. I’m not sure what it is on Capitol Hill.” The industry is also different from the one described by President Eisenhower in the late 1950s, adds Blakey of AIA. “It is very fragile,” she says. The industry has already consolidated from 130 major companies to only seven, notes David Hess, President of Pratt & Whitney, a division of United Technologies Corp. “Rather than having four or five or six suppliers that might have a technical capability, there might be one that has that capability. If they elect to pursue other markets because defense isn’t viable, we will lose that capability altogether. We have shrunk to the point where there is little margin in these key technologies.” Hess says: “It’s the first time in history that we haven’t had a new start on any kind on a helicopter or a fixed-wing program. As that capability atrophies, it is very hard to reconstitute and get it back. This is not a discussion about the commercial viability of the companies involved here. It’s really a discussion about being able to maintain the industrial base that is absolutely critical to our national security.” The issue of de-industrialization is even more pronounced in the space sector. For the first time since the space era began, the United States does not have ability to put men into orbit. The country now relies on the Russians for all manned launches, at a cost of $60 million per launch. A new launch program is still not underway. When the Apollo program was ending, the Space Shuttle program had already been funded. “There may have been a gap in launches but there was no gap in the work on the manned space flight program,” says Hess. “All the intellectual capital that was working on Apollo naturally moved to the Shuttle program. But today, we have a gap in manned U.S. launches now that the Shuttle program has ended. That is why we have seen hundreds of layoffs at Pratt Whitney Rocketdyne as well as other companies across the industry and across the country.” NASA has announced a new space launch system, but funding is not assured. “This tremendous intellectual capital that took decades to develop and took us to the moon and back, once it is dissolved it will be extremely hard to reconstitute if and when we decide to return to space,” says Hess. Funding for the Next Generation Air Transportation system is also in jeopardy. The country is still dependent on radar and radio technology deployed in the 1960s. Completing NextGen by 2025 would generate $320 billion in benefits to the U.S. economy, according to an AIA study conducted by Deloitte Touch. It would increase the number of flights by 20 percent and cut fuel burn and CO2 emissions by 12 percent. Yet, it is another aerospace program that is threatened. AIA President Blakey says the debate over the national debt needs to take these issues into consideration. The U.S. aerospace industry is now competing with well-financed programs in Russia, China, Brazil, Canada, Europe and Japan. All are pushing to topple U.S. dominance in the sector. “It is our duty now to speak out,” says Blakey. None of this should have been hard to predict. This is all, in fact, the ultimate fruit of what we can call the “neocon-tradiction.” Since the end of the Cold War, neoconservatives have espoused simultaneous free trade and global American military predominance. But the one tends to undermine the other, as the British learned 100 years ago. Even Adam Smith warned that the logic of free trade didn’t apply to the sinews of military power. We were warned by many people (including some wise non-neo conservatives) that this would happen. We did it anyway. There were no solid reasons to expect we would escape the consequences, just happy-talk, twisted theory, and short-term greed. Friends, we have gotten what we deserved. At this point in time, it probably isn’t possible to avoid some defense cuts. The best we can hope for, with respect to the defense industrial base, is probably some version of the hunker-down strategy the Russian Federation has been using for some time. As recently as 1990, they had the #2 military industrial base in the world (it was the only part of the Soviet economy that worked), but they haven’t been able to afford to keep it running full tilt for a very long time. As a result, they’ve focused on preserving capability, rather than production, by, in essence, building small numbers of very advanced hardware. As a result, they have preserved far more advanced capabilities — which could be ramped up in future — than any other economy their size. We won’t be in straits quite as extreme as theirs, but that looks to be the direction we’re headed in now.

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Nevada’s Sep taxable sales up 10.4%

November 23, 2011

(MENAFN) Nevada’s Department of Taxation said that driven by higher sales at bars and restaurants, accommodations and durable goods, in September, taxable sales in the state rose 10.4 percent, …

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Colo. Oct unemployment down to 8.1%

November 23, 2011

(MENAFN) The Colorado Department of Labor and Employment said that since the state managed to add 8,800 new jobs, last month, unemployment rate in Colorado fell to 8.1 percent, reported AP. The …

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Canadian retail trade inches up

November 23, 2011

(MENAFN – Saudi Press Agency) Retail sales in Canada rose to $38.2 billion in September, a 1 percent month-over-month gain and the fifth increase in six months, UPI quoted Statistics Canada as …

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Spain still under market pressure as Merkel urges fast reforms

November 23, 2011

(MENAFN – Saudi Press Agency) Financial markets on Tuesday maintained pressure on Spain, while German Chancellor Angela Merkel urged election winner Mariano Rajoy to carry out reforms ‘without …

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‘Euro will survive debt crisis’

November 23, 2011

(MENAFN – Arab Times) The Euro will survive the current debt crisis and will continue to serve as currency for more than 60 percent of the European Union. This was the basic message from DekaBank …

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Giant mound of tyres in South Carolina visible from space

November 23, 2011

(MENAFN – Jordan Times) The sprawling pile of hundreds of thousands of tyres isn’t easy to spot from the ground, sitting in a rural South Carolina clearing accessible by only a circuitous dirt path …

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Inmates’ love letters prompt powder scare

November 23, 2011

(MENAFN – Jordan Times) Two inmates who tried to sweeten their love letters, quite literally, by adding a sprinkling of sugar to the envelopes accidentally touched off a hazardous-materials scare at …

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Leapin’ leprechauns, it is Guinness records day

November 23, 2011

(MENAFN – Jordan Times) Irish leprechauns, tea-sipping Britons, Australian ABBA impersonators and the oldest yoga teacher on the planet were just some of the people setting world records Thursday. …

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US ex-governor candidate ‘found homeless in Ukraine’

November 23, 2011

(MENAFN – Jordan Times) A man claiming to be a former candidate for the post of governor of the US state of Arizona has been found homeless and lovelorn in the west of Ukraine, aid workers said on …

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Diplomatic ‘silly shirt’ parade revived in Bali

November 23, 2011

(MENAFN – Jordan Times) A quirky tradition of dressing Asia-Pacific leaders in colourful local costume was revived at an Asian summit in Bali Friday, after briefly falling victim to the global …

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Kona Grill Announces Stock Repurchase Plan

November 23, 2011

Also Announces That Mark Robinow Is No Longer CFO

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Ukrainian ‘Darth Vader’ wants land plot for spaceship

November 23, 2011

(MENAFN – Jordan Times) A Ukrainian wearing a Darth Vader costume made an unexpected appearance at a city hall in the south of the country, demanding a plot of land on which to park his spaceship, …

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Iran: New sanctions from West ‘in vain’

November 23, 2011

(MENAFN – Arab News) Iran dismissed on Tuesday new sanctions announced by Western powers, saying they would only serve to unite Iranians and not hurt the economy or force it to halt its nuclear …

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US TiVo Q3 loss grows to USD24.5m

November 23, 2011

(MENAFN) TiVo Inc. said that due to higher expenses, during the third quarter, the firm’s loss increased to USD24.5 million, compared with a net loss of USD20.6 million in last year’s same period, …

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Pakistan’s Jul-Oct foreign investment plunges 58%

November 23, 2011

(MENAFN) The State Bank of Pakistan said that during the July-October period, foreign investment in the country dropped 58 percent, reported Xinhua News. The bank added that in the first four …

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David Isenberg: Miles to Go

November 23, 2011

I ended a previous post by noting how important it is for the private military and security contracting industry to pay more attention to its history. As the saying goes, you learn from your mistakes. But you can’t learn if you don’t bother to remember your mistakes, write about them, and circulate the records to others. I wrote that regular military forces have long understand the importance of doing this, which explains why all the services have numerous offices set up devoted to the study of military history. The need for this is glaringly obvious. For example, consider the report Wartime Contracting in Afghanistan: Analysis and Issues for Congress released last week by the Congressional Research Service. According to the author, Moshe Schwartz, Specialist in Defense Acquisition: From FY2005 through 2011, the U.S. government obligated more than $50 billion for contracts performed primarily in Afghanistan. Because a primary goal of defense contracting in Afghanistan is to support the overall mission, it is deemed essential that contracting is not only thought of as a response to immediate needs but also as part of the larger strategy. As General Allen, Commander, International Security Assistance Force, recently wrote, “We must improve our contracting practices to ensure they fully support our mission.” Many of the weaknesses of the current government acquisition process can be exacerbated and exploited in a wartime environment, making it more difficult to adhere to best practices. These weaknesses include inadequate acquisition planning, poorly written requirements, and an insufficient number of capable acquisition and contract oversight personnel. For example, in a wartime environment, it is more difficult to research and evaluate companies bidding on a contract and more difficult to conduct oversight of projects built in dangerous locations. It really can’t be said too much that contracting in war zones is not like contracting in peacetime. In wartime you have, like it or not, other strategic goals that must be taken into consideration beyond getting the right good or service, on schedule and at a fair price. In wartime, however, these may not be the right measures, as other goals may be equally or more important. Winning the support of the local village is often more important than staying on schedule. Helping train local nationals and building up the technical capabilities of local firms may be well worth a substantial increase in contract costs. Contract risks can also differ greatly between peacetime and wartime. Peacetime risks generally include cost overruns, schedule slips, and poor performance. Additional risks that must be considered when awarding a contract in an environment such as Afghanistan include diverting millions of dollars to warlords, criminal networks, or insurgents; hiring private security and other contractors who may engage in abuses that undermine the legitimacy of coalition forces; and the inflow of large sums of poorly managed contracting dollars fueling corruption. However, the state of the U.S. governmental acquisition process being what it is, namely overwhelmed and under resourced, it has, to paraphrase Robert Frost’s poem, miles to go before we can sleep comfortably about U.S. tax dollars being used wisely. The CRS report notes: Some of the weaknesses of the current federal government acquisition process can be exacerbated by and exploited in a wartime environment, making it more difficult to adhere to best practices. These weaknesses include inadequate acquisition planning, poorly written requirements, and an insufficient number of qualified and capable acquisition and contract oversight personnel. For example, in a wartime environment, it is more difficult to write a good contract that incorporates the sometimes competing goals of counterinsurgency (COIN) contracting, more difficult to research and evaluate companies bidding on a contract, and more difficult to conduct oversight of projects being built in dangerous locations. It is also more difficult to protect against contracting fraud and corruption in countries that have weak law enforcement and judicial systems. Corrupt officials and warlords can exploit these weaknesses to divert contracting funds to their own coffers. Admittedly, if there are problems with contracting officers then that is primarily a government problem. Still, it takes two to tango. If contractors really want to do the most professional job they can — a goal that may be problematic for some of them — they could and should receive the various lessons learned reports government personnel have been compiling for years as they reflect on why so many reconstruction projects went kablooey. The CRS reports mention two groups the military created to improve contracting in Afghanistan. They are: • Task Force 2010 which was set up in July 2010 to help commanders and acquisition personnel better understand with whom they are doing business, to conduct investigations to gain visibility into the flow of money at the subcontractor levels, and to promote and distribute best contracting practices. • The Afghanistan Vendor Vetting Cell was established to ensure that government contracts are not awarded to companies with ties to insurgents, warlords, or criminal networks. The cell was set up in the fall of 2010 and is based in CENTCOM headquarters in Tampa, Florida. In June 2011, the vendor vetting cell consisted of 14 analysts capable of vetting approximately 15 companies a week. One hopes that the military will share information from those two groups with the industry so that various companies can improve their own due diligence efforts when competing for and implementing contracts.

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House Republicans Agree On Burdens Of The Rich

November 23, 2011

The debate about taxing the super-rich is as pertinent and contentious as it has ever been, thanks to the Occupy Wall Street movement pushing the issue of income inequality to the forefront of American politics. Myriad reports demonstrate the low real tax rates for millionaires and billionaires in the United States. Bloomberg wrote this month that the top bracket of taxpayers have seen their effective tax rate decrease since 1995. Another recent report from the Internal Revenue Service shows that 1,500 millionaires paid no income tax at all in 2009. The snowball effect — the wealthy tend to become even more wealthy — has caused the income gap in America to widen dramatically. It’s not just protesters on the street voicing frustration with this. Last week, a group of millionaires lobbied Congress to have their federal taxes raised. Still, many in the Republican Party strongly oppose any tax hike on wealthy Americans or corporations, arguing that these individuals and organizations are the “job creators” and that raising their taxes would stunt job growth throughout the nation. It’s worth noting that an icon among the trickle-down economic believers, President Ronald Reagan, said in a 1985 speech that loopholes enabling millionaires to avoid taxes were “crazy” because they allowed the “truly wealthy to avoid paying their fair share.” But here’s a look at what Republicans are saying these days:

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Occupy Seattle Protester Alleges Miscarriage After Pepper Spray Incident

November 23, 2011

NEW YORK — In recent weeks, the repeated use of pepper spray by police officers against Occupy Wall Street protesters has elicited widespread criticism. (CLICK HERE OR SCROLL DOWN FOR LATEST UPDATES ) Whether it’s September’s use of pepper spray against young demonstrators in New York’s Union Square or last weekend’s forceful confrontation with seated student protesters at the University of California, Davis campus , many critics have questioned the deployment of such tactics against a largely peaceful and nonviolent movement. Meanwhile, in Seattle, a recent crackdown against Occupy protesters may have claimed its latest victim . On Monday, The Stranger , a Seattle-based alternative weekly newspaper, reported that one Occupy Seattle protester allegedly suffered a miscarriage. She said police used pepper spray and hit her in the stomach . “I was standing in the middle of the crowd when the police started moving in,” Jennifer Fox, 19, told The Stranger . “I was screaming, ‘I am pregnant, I am pregnant. Let me through. I am trying to get out.’” Fox is reportedly homeless, living in the Occupy Seattle encampment in Westlake Park without a working cellphone. The Stranger reported that immediately following last week’s incident , Fox was rushed to the Harborview Medical Center in downtown Seattle , where Fox said doctors performed a routine ultrasound and didn’t discover any evidence for alarm. But on Monday, after experiencing cramping and nausea, The Stranger reported that Fox returned to Harborview Medical Center, where she was later diagnosed as having suffered a miscarriage once the fetus’ heartbeat was no longer detected . As of Tuesday evening, Fox had neither provided medical records to substantiate her claim, nor filed a formal complaint with the Seattle Police Department. But despite the lack of a formal complaint, a Seattle Police Department spokesman confirmed to HuffPost that police are launching a formal investigation into the matter. “We are aware of a claim that a pregnant woman who attended the Nov. 15 Occupy Seattle march has been treated for a miscarriage,” said the SPD spokesman. “Consistent with standard procedure, the Office of Professional Accountability has initiated an internal investigation to look into the matter further.” In the coming days, investigators will be actively searching for information to support Fox’s claim, the spokesman confirmed. Until more information is made available, Kathleen Taylor, executive director of the ACLU of Washington, told HuffPost that she remains troubled by what she perceives as an uptick of pepper spray use by members of law enforcement against the movement’s protesters nationwide. “The police have the authority to use force when it’s necessary to prevent physical harm, but the use of pepper spray against non-violent protesters raises very serious questions,” said Taylor, who highlighted the Seattle Police Department’s policy of not using pepper spray and tasers as a first line of defense. “We condemn police violence in other countries,” Taylor said. “Let’s first be sure our own house is in order.”

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Dan Solin: Paying More in Fees Can Get You Less in Returns

November 22, 2011

I recently reviewed the portfolio of a young man who had inherited almost $1 million. He had entrusted his funds to a large mutual fund company. He thought his portfolio was “well diversified” because almost all of it was invested in an S&P 500 Index Fund. Several issues were apparent, which you might be able to relate to your investments. He was paying a 1% “management fee” to the fund family for providing him with investment advice. His advisor purchased an S&P 500 index fund with an expense ratio of 1.50%. Added together, he was paying 2.50% of his assets to invest in an index fund that could be purchased from Vanguard for 0.17% (Vanguard 500 Index Fund Investor Shares [VFINX]). By doing so, he would reduce his fees from 2.50% to 0.17% since he would eliminate the management fee as well. The expense ratios of S&P 500 index funds range from very low to extremely high. For an egregious example of an indefensibly high expense ratio, consider the State Farm S&P 500 Index B (SNPBX). It has an expense ratio of 1.49%, and a deferred load of 5.00%. This fund has assets of $547 million . A small difference in expense ratios can have a dramatic effect on returns. Let’s assume an S&P 500 index fund and Vanguard’s both return 8% annually, before costs and you invest $10,000. A savings of only 1% annually on expenses would mean the lower cost fund would yield an additional $63,000 over forty years ($201,000 versus $138,000). That’s a big difference. There are other problems with the underlying assumption that buying an S&P 500 index fund is sufficient diversification. It omits bonds, which should be included in most portfolios. It also omits exposure to international markets and to thousands of mid-cap and small-cap stocks. If you are interested in putting together a globally diversified portfolio of low management fee index funds, you could consider Vanguard’s Total Stock Market Index Fund (VTSMX) for exposure to the domestic stock market; Vanguard’s Total International Stock Index Fund (VGTSX) for exposure to the international stock market and Vanguard’s Total Bond Index Fund (VBMFX) for the bond portion of your portfolio. While index funds are typically lower cost than comparable actively managed funds (where the fund manager attempts to beat a designated benchmark, frequently without success), there can be a big difference between index funds tracking the same index. Check the expense ratio carefully before you make a final decision. Dan Solin is a Senior Vice-President of Index Funds Advisors (ifa.com). He is the author of the New York Times best sellers The Smartest Investment Book You’ll Ever Read, The Smartest 401(k) Book You’ll Ever Read, and The Smartest Retirement Book You’ll Ever Read. His new book, The Smartest Portfolio You’ll Ever Own, was released in September, 2011.The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

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Ending Long-Term Jobless Benefits Would Hurt Economy

November 22, 2011

WASHINGTON — A tax cut that reaches 160 million Americans and government aid for the long-term unemployed will expire at the end of the year – sucking $165 billion out of the economy next year – unless Congress takes action. Economists hoped the so-called congressional supercommittee would decide whether to extend both measures. But the committee couldn’t even agree on how to reach its main goal, cutting $1.2 trillion from the federal budget deficit. If the tax cut goes away, the average family would pay about $1,000 more in taxes next year, the equivalent of an extra tank of gas every two weeks. Someone earning $100,000 would pay $2,000 more. And if long-term unemployment benefits are allowed to expire, about 6 million people would lose weekly checks averaging about $300. For most of the long-term unemployed, that is their main source of income. “There’s an awful lot of uncertainty ahead,” said Michael Hanson, senior U.S. economist at Bank of America Merrill Lynch. Both changes would leave Americans with an estimated $165 billion less to spend. The Federal Reserve expects the economy to grow only 2.7 percent next year, and economists say the expiration of the two programs could reduce growth by a full percentage point. The government said Tuesday that the economy grew at a 2 percent rate in July, August and September, down from earlier estimates of 2.5 percent. To bring unemployment down significantly, the economy has to grow more than twice as fast as it grew this summer. Congress could extend the tax cut and unemployment benefits when it returns from Thanksgiving recess next week. But the same partisan philosophical differences that sank the supercommittee could complicate the debate. At the same time, Congress may be unwilling to force what is essentially a tax increase on tens of millions of Americans just as an election year begins. Both measures were part of a deal struck in December 2010 by President Barack Obama and Republicans in Congress. The cut applies to the tax that pays for Social Security. The tax applies to the first $106,800 a person makes in a year. The deal lowered the rate paid by individuals to 4.2 percent from 6.2 percent for this year. Companies also pay a 6.2 rate on their payroll. Some Republicans have indicated they could support extending the tax cut, but there would almost certainly be a fight over how to pay for it. Without spending cuts or other tax increases, renewing the Social Security tax cut would swell the deficit. Obama, as part of his jobs bill in September, Obama proposed lowering the rate further, to 3.1 percent, and cutting the employer portion to 3.1 percent up to the first $5 million on their payrolls. Cuts at that level would pump almost $250 billion more into the economy compared with last year, when individuals and employers both paid the 6.2 percent rate. Obama, speaking Tuesday in New Hampshire, urged Republicans to continue the tax break. “Don’t be a Grinch,” the president said. “Don’t vote to raise taxes on working Americans during the holidays.” On Monday, White House press secretary Jay Carney suggested that renewing or deepening the tax cut could be paid for by raising taxes on the wealthy. Republicans have refused to consider doing so. Most states provide up to 26 weeks of unemployment benefits. The deal extended benefits to up to 99 weeks in states with the highest unemployment rates. Unless that is renewed, almost 2.2 million people out of work will lose benefits by the first week in February. About 6 million people would lose weekly benefits by the end of the year. Just the uncertainty of not knowing what Congress will do could cause businesses to hold back on hiring and investment, and therefore drag down economic growth, Hanson said. Most economists would like to see lower budget deficits, but most would like the government to reduce the deficit gradually, to avoid hurting the weak economy. And they would all prefer robust economic growth to solve the problem. The supercommittee’s failure triggers $1 trillion in automatic cuts in government spending beginning in 2013. Congress could undo them, but then credit rating agencies might downgrade the government’s long-term debt, as Standard & Poor’s did in August. An even bigger hurdle looms at the end of 2012. That’s when the tax cuts passed during the Bush administration are set to expire. Losing those tax cuts would cost taxpayers up to an additional $4 trillion over 10 years. Combined, all those factors would reduce growth in 2013 by between 1.5 and 3.5 percentage points, Douglas Elmendorf, director of the Congressional Budget Office, estimated last week. ___ AP Writer Julie Pace contributed to this report.

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Pepper-Spraying UC Davis Officer Previously Honored For Work On Campus

November 22, 2011

DAVIS, Calif. — The University of California, Davis, chancellor defended herself Tuesday from criticism over the campus police force’s pepper spraying of peaceful demonstrators as information emerged about the officer at the heart of the incident. Video footage of Lt. John Pike and another officer clad in riot gear casually spraying an orange cloud at the heads of protesters who were sitting peacefully on the ground has sparked national outrage since it began circulating online Friday night. Students gathered on campus Tuesday for the second time in as many days to condemn the violence and urged university officials to require police to attend sensitivity training. UC Davis Chancellor Linda Katehi, who has faced criticism from students over Friday’s incident, defended herself during a town hall meeting Tuesday night. She told an auditorium filled with more than 1,000 students that she asked police to remove tents from the university’s quad but did not direct them to forcibly remove the demonstrators. “I explicitly directed the chief of police that violence should be avoided at all costs,” she said. “It was the absolute last thing I ever wanted to happen.” She stressed that students have a right to demonstrate peacefully. “Because encampments have long been prohibited by UC policy, I directed police only to take down the tents,” she said. “My instructions were for no arrests and no police force.” Pike, another officer and the campus police chief have been placed on paid administrative leave in the wake of an incident that has generated international attention for the 32,000-student campus just west of the state capital, the third most populous in the UC system behind the campuses in Los Angeles and Berkeley. Not all students who attended the town hall in a performing arts complex were satisfied with the response from Katehi, who attended a rally on campus Monday and apologized to students. Puneet Kamal, 22, an environmental science and policy major, was among those lined up to ask questions Tuesday. “She didn’t say `I’m sorry that I did this, or I’m sorry I made this call,’” Kamal said. “She said `I’m sorry that this situation had to happen.’ Where’s the blame going to?” Natalie Poulton, 20, a communications major, said Katehi has not fully explained what she knew in advance about the police plans for clearing out protesters. “I want more answers,” said Poulton. “She totally didn’t explain if there was a miscommunication with the cops and what exactly happened in terms of the higher-ups.” Pike, one of the officers who sprayed the students, is a retired Marine sergeant who has been honored for his police work on campus, but he also figured in a discrimination lawsuit against the university. He has risen swiftly through the ranks of the UC Davis police force over the last decade. As one of four lieutenants, the 39-year-old supervises more than one-third of the sworn officers, including the investigations unit. He has twice been honored by the university for exceptional police work, including a 2006 incident in which he tackled a scissor-wielding hospital patient who was threatening fellow officers. Afterward, he said he decided against using pepper spray because it might harm his colleagues or other hospital patients. But an alleged anti-gay slur by Pike also figured in a racial and sexual discrimination lawsuit a former police officer filed against the department, which ended in a $240,000 settlement in 2008. Officer Calvin Chang’s 2003 discrimination complaint against the university’s police chief and the UC Board of Regents alleged he was systematically marginalized as the result of anti-gay and racist attitudes on the force, and he specifically claimed Pike described him using a profane anti-gay epithet. Katehi identified Pike as one of the officers involved in the pepper-spray incident in an interview with the campus television station Sunday, and university communications staff confirmed his role Tuesday. As the controversy over the spraying incident has grown, images of the lieutenant have become the subject of a popular blog, which features his image superimposed on famous paintings and spraying famous figures, from Gandhi to John F. Kennedy. The handcraft site Etsy.com also is selling a T-shirt emblazoned with Pike’s image but showing flowers coming out of his spray can. Over the weekend, the hacker group Anonymous, which is affiliated with the Occupy Wall Street movement, posted on its website Pike’s phone number and other personal details. Pike did not immediately return a message left Tuesday at a home address listed in Roseville, a Sacramento suburb. It was not immediately known whether he had hired an attorney. Dieter Dammeier, an Upland lawyer for the Federated University Police Officers Association, the union that represents UC Davis officers, said the operations plan issued by the department includes the use of pepper spray. Dammeier said he does not represent Pike because he is a manager. “The officers were doing simply what they were instructed to do by upper management there,” Dammeier said, referring to police, not university, management. “So the officers are getting beat up pretty good out there, but they were simply doing what they were instructed to do.” Records show Pike joined the Marines in November 1989, and by the time he left, he had been promoted to sergeant. In 2003, two years after Pike joined the campus police force, he received his first meritorious service award for using his patrol car to bump a suspect’s vehicle onto a local highway ramp, stopping the man from driving the wrong way. Four years later, the university’s press office issued a release about accolades Pike received after subduing a UC Davis Medical Center patient who was threatening a fellow officer with scissors and a spray bottle filled a caustic chemical. Pike saw the scissors-wielding patient try to assault an officer and landed “a body block, powering his left shoulder” into her, the release said. But in that situation, the 245-pound Pike opted not to use pepper spray, because he didn’t want to hurt his fellow officers, Pike said. “You’ve got all these tools on your belt but sometimes they’re not the best tools,” Pike said. Tuesday, state lawmakers announced they would hold a hearing on the pepper-spraying incident. Assembly Speaker John Perez sent a letter to the University of California Board of Regents chairwoman Sherry Lansing and UC President Mark Yudof asking for a system-wide investigation. “Students, parents and the public deserve to have answers to the myriad of troubling questions these incidents have raised,” Perez, D-Los Angeles, said in a statement. Yudof later announced he had appointed former Los Angeles Police Chief William Bratton to review the UC Davis incident and provide “an independent, unvarnished report about what happened.” He also appointed the university’s general counsel and the UC Berkeley law school dean to examine police protocols and policies at all 10 UC campuses, including discussions with students, faculty and staff. Student government leaders on campus condemned the use of pepper spray on student protesters and called for Katehi to resign if she fails to enact reforms. “Major reforms are needed because regardless of whoever is fired or resigns, it won’t mean anything if we don’t change policy and the way our institutions are run,” Adam Thongsavat, president of the Associated Students of the University of California, Davis, said in an interview. “That’s what’s going to affect students and campus policy and bring awareness.” The student government passed a resolution Monday night calling on the state attorney general’s office to investigate campus police misconduct. The students are demanding police go through sensitivity training, seek more student representation and review policies on student protests. Katehi has already asked the Yolo County district attorney’s office to investigate, and Chief Deputy District Attorney Jonathan Raven confirmed Tuesday that the department will look into the matter. Attorney General Kamala Harris was deeply disturbed by the videos of the incident, spokeswoman Lynda Gledhill said Tuesday. “She’s confident they will conduct a quick and thorough investigation of the matter,” Gledhill said. On Tuesday, about 50 tents formed an encampment on the site where the pepper-spraying happened as students went about going to class. Katehi showed up unexpectedly and asked to address students and occupiers during their general assembly meeting. She left after waiting about 30 minutes for her chance to speak. ___ Burke reported from San Francisco.

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Amazon Users Post Rave ‘Reviews’ Of UC Davis Pepper Spray

November 22, 2011

Megyn Kelly’s insistence that pepper spray is “a food product, essentially” has spawned a petition to get the Fox personality to eat pepper spray on air, a Twitter hashtag and now Amazon.com “reviews” of pepper spray itself. Talking Points Memo noted this recent phenomenon, which has sparked rave remarks such as, “Whenever I need to breezily inflict discipline on unruly citizens, I know I can trust Defense Technology 56895 MK-9 Stream, 1.3% Red Band/1.3% Blue Band Pepper Spray to get the job done!” Another review notes, “… it’s also an amazing human arm de-linker. So if you have this gigantic public space and a dozen people are sitting there with their arms linked – this will really help in your effort to de-link those arms.” One thrilled “customer” notes, “I used to have to exert my gray matter or work my mouth to keep people from saying anything I didn’t want to hear. Now I just shake and aim Defense Technology’s 56895 MK-9 Stream Pepper Spray, and half the time I don’t even need to depress the trigger! My teens and my dog all go silent when I merely lift the can–no more claims that I’ve suppressed free speech when they quake in fear and CHOOSE to be silent! Not just for intimidating students–it works on crabby old people, too!” Kelly made her controversial comments after video of a police officer pepper spraying student protesters at UC Davis went viral. The incident has prompted calls for UC Davis chancellor Linda Katehi to resign.

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Congress Faces Decisions To Extend Key Programs As Clock Ticks

November 22, 2011

WASHINGTON — Congress’ failed deficit-cutting supercommittee has faded away, but the pressure on lawmakers to quickly confront a stack of expensive economic issues is only growing. Before leaving town for Christmas and New Year’s, lawmakers face decisions on whether to renew payroll tax cuts that have meant an average of nearly $1,000 for more than 120 million families this year. Congress also must determine whether to extend unemployment benefits for millions of long-term jobless Americans. Without action, both expire Jan. 1. Also on the list: Whether to prevent a 27 percent cut in Medicare reimbursements to doctors that occurs on New Year’s Day. And oh, yes – figuring out how to avoid an embarrassing mid-December government shutdown, something that has become a frequent exercise in today’s bitterly divided Congress. Protecting the payroll tax cuts, jobless benefits and doctors’ payments could cost $200 billion or more. But faced with a limp economy, the huge federal debt, next year’s presidential and congressional elections, and the supercommittee’s finger-pointing, partisan breakdown, clashes over each are inevitable. “Right now people are so mad and suffering so much from fiscal fatigue that it’s really hard to say what they want,” Steve Bell, a longtime Senate Republican budget aide who studies economic policy at the moderate Bipartisan Policy Institute, said of lawmakers. There had been some hope of including language dealing with the payroll tax, jobless benefits and Medicare payments to doctors in whatever debt-cutting proposal the supercommittee produced. That would have improved their chances of approval because Congress was to consider the debt panel’s package under special expedited procedures. Without that protection, the fate of the payroll tax, unemployment and Medicare proposals is more clouded, with battles expected over the size of each and how – if at all – to pay for them. “There at least would have been some sugar for everybody’s taste buds” if the proposals were part of a supercommittee package, said Joseph Minarik, a former Democratic congressional aide and now research director for the nonpartisan, business-led Committee for Economic Development. Helping the chances for eventual enactment of the three proposals is a consensus among many economists that each initiative helps the economy by pumping billions of dollars into it. The action is likely to start in the Democratic-led Senate, where leaders are expected to force a vote on a proposal to extend the payroll tax cut. The proposed extension would be paid for by boosting levies on people earning $1 million or more per year – making it certain to fail but providing Democrats with a vote they hope to use against GOP candidates next year. “Tell them, `Don’t be a Grinch,’” Obama told a cheering crowd in Manchester, N.H., on Tuesday, saying that’s the message they should send Congress. “Don’t vote to raise taxes on working Americans during the holidays.” In response, House Speaker John Boehner, R-Ohio, used a written statement to note that in September, Republicans told Obama “that we stand ready to have an honest and fruitful discussion with him regarding the payroll tax extension, and that invitation stands.” In a deal with Obama last year, Congress cut the 6.2 percent payroll tax – which helps finance Social Security – to 4.2 percent for this year. That has saved 121 million families an average $934 this year, according to the nonpartisan Tax Policy Center. Obama has proposed cutting it to 3.2 percent next year at a cost of $179 billion, plus adding another $69 billion in payroll tax breaks for employers. With Republicans and some Democrats wary of the national debt – which surpassed $15 trillion last week – the price tag well could shrink. Meanwhile, Democrats also want to renew unemployment benefits that provide people with up to 99 weeks of coverage before the extra benefits expire Jan. 1. Without the added coverage, benefits – which average under $300 a week – would last a maximum of 26 weeks. Without action, more than 2 million people would lose unemployment coverage by mid-February, according to the Labor Department. It would cost an estimated $45 billion to renew the extra benefits for a year. Preventing the cut in Medicare payments to doctors is estimated to cost more than $20 billion next year. It is considered a near certainty that Congress will address it because of the clout that Medicare and doctors have with lawmakers. Within minutes of Monday’s announcement that the supercommittee had failed, the American Medical Association was warning that the 27 percent cut would “force many physicians to limit the number of Medicare and TRICARE patients they can care for in their practices.” TRICARE is the military’s health program. House leaders don’t plan to bring the jobless benefits, payroll tax or Medicare reimbursement measures to the chamber’s floor next week. Congress is also far behind on nine crucial spending bills, covering everything from the Pentagon to environmental programs. Three spending bills have been completed. Most government agencies are functioning on temporary authority that expires Dec. 16. If the remaining nine spending bills are not finished by then, lawmakers will have to vote to keep them open or face an angry public that polls show already has undisguised contempt for Congress. To speed the work, the remaining nine measures might be wrapped into one massive package exceeding $800 billion – a price tag sure to appall tea party lawmakers, making passage complicated. Two other items are virtually certain to wait until next year because the full impact of congressional inaction would not be felt for months or longer. Without action, more than 20 million additional families would see their 2012 tax bills grow because they would have to pay the alternative minimum tax, a program initially designed to ensure that wealthy people don’t completely escape tax obligations. A one-year fix would cost $90 billion. Several dozen tax breaks for businesses, including a large one for corporate research and development, expire on Jan. 1. Renewal could cost more than $30 billion. ___ Associated Press writer Andrew Taylor contributed to this report.

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Protester Occupies Obama Hand Shake Session

November 22, 2011

A speech by President Obama in New Hampshire was briefly disrupted Tuesday, when Occupy protesters attempted to upstage him with a so-called “mic check.” Though they were quickly drowned out by a chorus of “Obama, Obama,” one protester reached the president while he was shaking hands after his address and delivered him their complete message by hand. (PHOTOS BELOW) Obama addressed the Occupy Wall Street movement during a broader speech pushing for the passage of elements of his jobs bill, particularly the extension of payroll tax cuts. After the brief interruption, Obama called attention to the demonstrators and the larger Occupy movement. “I’m going to be talking about a whole range of things today and I appreciate you guys making your point. Let me go ahead and make mine,” Obama said. “I’ll listen to you and you listen to me.” The president continued, painting the motivations for getting his jobs bill passed as in line with the concerns of the Occupy protesters. “For a lot of the folks who have been in New York and all across the country in the Occupy movement, there is a profound sense of frustration about the fact that the essence of the American dream, which is if you work hard, if you stick to it that, you can make it, feels like that’s slipping away,” Obama said. “And that’s not the way things are supposed to be. Not here. Not in America.” The text of the Occupy protesters’ message: “Mr. President: Over 4000 peaceful protesters have been arrested. While banksters continue to destroy the American economy with impunity. You must stop the assault on our 1st amendment rights. Your silence sends a message that police brutality is acceptable. Banks got bailed out. We got sold out.” Photos of the encounter below:

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FCC Nearing Decision On AT&T’s $39 Billion Deal

November 22, 2011

Federal Communications Commission Chairman Julius Genachowski will seek an administrative hearing on AT&T Inc’s proposed $39 billion deal to acquire Deutsche Telekom AG’s T-Mobile USA, the agency said on Tuesday.

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Jack Daniel’s Toasts Failure Of Proposed Whiskey Tax

November 22, 2011

NASHVILLE, Tenn. — Jack Daniel’s officials are toasting the defeat of a proposal to tax whiskey at its celebrated Tennessee distillery. The Moore County Council in Lynchburg, Tenn., voted 10-5 Monday evening to kill a proposal that could have taxed Jack Daniel’s up to $5 million annually, with all the revenue going to local coffers. “We hope we’ve been able to demonstrate that the distillery pays more than its fair share of taxes and that we’ve contributed to our way of life in Lynchburg,” said Tom Beam, senior vice president and general manager of production at the facility. The vote reversed an earlier one that had asked the Tennessee legislature to authorize a local referendum on the per-barrel tax proposal. “We’ve educated the community a little more,” Beam said Tuesday in a telephone interview from the distillery, located in the hills of south-central Tennessee. “They realized after we got our side of the story out how much we do.” The 145-year-old distillery and its employees, along with Lynchburg, have been the focus of Jack Daniel’s folksy advertising for years. Bottles of the charcoal mellowed sippin’ whiskey list Lynchburg’s population as 361, but the town and county really have about 6,400. The distillery, owned by Louisville, Ky.-based Brown-Forman, now pays $1.5 million in local property taxes. “We hated to see this drive a wedge through our family here,” Beam said. “This is our home and we’ll try to do the right thing.” The Jack Daniel Distillery, with about 450 employees, is the largest employer in Moore County. The local Chamber of Commerce came out against the proposal at the meeting. Supporters of the proposal said the issue is dead for now and they may quit trying. “That’s democracy in action, I suppose,” Charles Rogers said of the vote after spearheading the proposal. “I may bow out of this,” he added. “But I still think people ought to have the right to vote on it (in a referendum).” Ten million cases of the sour mash whiskey, led by Old No. 7, are sold worldwide every year, making it the No. 1 brand in sales globally. “Our friends and neighbors around Moore County, the state, the country and even globally have been supportive,” Beam said. Company spokesmen never said whether the tax would have meant higher prices at the retail level. Ironically, Moore County is dry, meaning Jack Daniel’s cannot be sold legally in the county.

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Groupon Cupcake Deal Backfires, Forces Baker To Make 102,000 Cupcakes: ‘It’s Been An Absolute Nightmare’

November 22, 2011

When the owner of a small bakery outside London posted a deal for cupcakes on Groupon, she ended up getting more than she bargained for. Rachel Brown, who runs Need a Cake bakery in Reading, Berkshire, offered a 75 percent discount on a dozen cupcakes in the spring. She expected the offer would generate perhaps a few hundred orders. Instead, thousands started pouring in. “We had to cut it off at 8,500 orders,” she told The Telegraph . “As soon as we were making, packaging and sending the cakes out we were on to the next order. It was non-stop.” Need a Cake normally fills about 100 cupcake orders per month, according to the BBC. Suddenly faced with baking 102,000 cupcakes, Brown was forced to hire 25 workers to supplement her normal staff of eight, according to The Daily Mail . Brown told The Telegraph she ended up spending about $19,500 in extra labor and shipping costs, wiping out a year’s worth of profits . It was “without doubt, the worst ever business decision I have made,” she told the paper. “It’s been an absolute nightmare.” Heather Dickinson, a Groupon spokeswoman, told The Telegraph that there was no limit to the number of vouchers that could be sold. “We approach each business with a tailored, individual approach based on the prior history of similar deals,” she said.

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James M. Citrin: Don’t Pick a Failure? Think Again

November 22, 2011

Past performance is the best indicator of future success, right? It is hard to disagree with this notion, and when evaluating the prospects of a new leader, it is accurate to make performance assessments based on someone’s tangible achievements and impact. However, this is not at all the same thing as eliminating candidates who have experienced a setback or, worse, an abject failure. Considering people only whose career trajectories have been a straight line of successes is dangerous business. Of course, no one wants to pick “a failure.” But it may well be your situation where the candidate crashes and burns for the very first time. Not only that, it will at the very least limit your pool of potentially attractive candidates. The keys to avoiding this pitfall are to assess mistakes carefully and to focus as much on the competencies that will be required for success in the position you are deciding on. When someone is released from a position, it is usually assumed that the individual was at fault. But hiring managers are reticent to take a risk on someone with a visible failure because it opens them up to criticism later on if it doesn’t work. Betting on a candidate with a failure takes courage. One company did take that risk and hired a technology leader who had fallen out with his company’s founder and been forced to resign. Initially there was surprise and skepticism. But the company did its homework in the form of deep references and due diligence. They spoke to people not only on the individual’s reference list but to many others who were not on the list. The nature of their inquiry was to understand the conditions that led his actions and decisions to not work and to delve deeply into the nature and personality of the company’s founder and culture as well. There was no disputing the facts — a long track record of success followed by serious challenges in the company wrought by the economic collapse and new competition and then a precipitous ousting. But they concluded that what he attempted to do in his prior company that got him sideways was precisely what was needed in their company. His mistakes were “good mistakes”; there were no integrity issues nor was there a strategic misreading of the situation. Rather, his actions — to make several key top management changes, to reduce costs by closing a money-losing but historically important division, and actually making a symbolic increase in product development investment while reducing top management compensation — were deeply at odds with the founder’s views and elements of the corporate culture. The new company could live with that — in fact, that was exactly what the doctor ordered. There is another important benefit to opening up your consideration set to candidates who have achieved significant setbacks. They are highly motivated to succeed. They are eager to reclaim their reputations. So you may get a potentially deeper reservoir of underlying motivation and work ethic. In general, to assess a person’s setbacks or weaknesses, you need to go beyond a cursory glance at the way one part of a career ended. An open mind and thoughtful consideration go a long way in helping you find the leader you need, and the one you deserve. James M. Citrin co-chairs the North American Board & CEO Practice at Spencer Stuart and is the author of You Need a Leader–Now What? How to Choose the Best Person for Your Organization , now available from Crown Business www.youneedaleader.com

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Drug Giant To Pay Hundreds Of Millions To Settle Charge

November 22, 2011

Merck & Co will pay roughly $950 million to settle criminal and civil charges that it promoted the painkiller Vioxx for an unapproved use, the U.S. Justice Department said on Tuesday. The fine will conclude a long-running investigation into Merck’s promotion of its one-time blockbuster drug, which was withdrawn from the market in September 2004 after being linked to heart risks. The Justice Department alleged that Merck promoted the drug for treating rheumatoid arthritis before it had been approved for that condition by the U.S. Food and Drug Administration. The case is the latest settlement by a major pharmaceutical company over marketing drugs in the United States for uses that have not been approved by the FDA, known as off-label promotion. Merck pled guilty to a misdemeanor charge and paid $321.6 million for introducing the misbranded drug Vioxx into interstate commerce. It also agreed to pay an additional $628.4 million civil settlement to resolve additional allegations regarding its off-label marketing of Vioxx. Merck said the settlement does not mean it admits liability or wrongdoing. “We believe that Merck acted responsibly and in good faith in connection with the conduct at issue in these civil settlement agreements, including activities concerning the safety profile of Vioxx,” said Bruce Kuhlik, executive vice president and general counsel of Merck, in a statement. The large American drugmaker had already told investors in October 2010 it was taking a $950 million charge related to the previously disclosed U.S. government probe. The civil settlement agreement is signed with the United States and individually with 43 states and the District of Columbia, but previously disclosed litigation with seven states is still unresolved, Merck said. In 2007, Merck also agreed to pay $4.85 billion to settle lawsuits filed by former Vioxx users, who alleged they had been harmed by the pill. (Reporting by Sarah N. Lynch and Anna Yukhananov; Editing by Tim Dobbyn and Carol Bishopric) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Stan Sorscher: Industrial Policies for Economic Development

November 22, 2011

Let’s look at public policies for economic development that help us recover from the recession. In one view of economic development, the role of government is to “make business succeed.” In this view, government should get out of the way and let markets find the most efficient outcome. An alternative view of economic development is that government policies should raise our standard of living. In this view, government plays an active role in devising trade and industrial policies that attract investment, build industrial capacity, and create good jobs that build the middle class. And make business succeed. To be sure, markets are powerful and efficient, but markets fail. In particular, markets fail to serve non-economic interests — not just the environment, human rights, labor rights, and public health, but markets also under-invest in R&D, education, physical infrastructure and social safety nets. Globalization has sharpened the difference in these two approaches, by de-coupling investor and business interests from the public interest. If investors are global in their outlook, then the interests of America dim from view. In a global economy where national boundaries are blurred, we need to think about trade and industrial policies that work for America. A year ago, I mentioned 4 policies that would help reconnect the interests of investors with public interests and communities . Here are four more. Example 1 – Tax incentives. In Washington State, like many others, we have a baseline tax on business, with hundreds of exemptions for one industry or another, some stretching back into the mists of time. Suppose we bundled together all the existing incentives already in the tax code, and said, we would love to continue this $6 billion (let’s say) bundle of tax incentives. Sadly, given the economic crisis, we simply cannot afford that level of business tax breaks, as if it were an open-ended entitlement with no accountability. Instead, we will cancel the exemptions, but set aside a $3 billion investment fund. We wish we could give you more! But we can’t. Each business or each industry can apply for a share of this limited $3 billion public incentive fund. Any company’s application should make clear what public good will be delivered from the tax incentives. The public good might be some number of high-school jobs, and a certain number of college jobs, so much new construction, or some strategic advantage in terms of market position. Competition for limited incentives can be open to any businesses willing to invest in the state. Successful applicants will report on progress toward meeting their voluntarily stated goals. If actual performance falls short, the difference will be recaptured and returned to the public investment fund. In Washington State, employers bid for subsidies from the Life Sciences Discovery Fund. California has $2 billion fund for biotechnology. Limited-size funds like these could become a standard mechanism for accountable economic development One variation on this could be a tax bonus system. Instead of applications, we would have a simple formula to determine public good. For each industry, the state tracks total employment, total payroll and total investment in the state. Instead of our current $6 billion open-ended incentives with no accountability and no measure of public good, a $3 billion (let’s say) bonus pool could be allocated to those industries with employment growth rates above the overall average rate in the state. The bonuses could be proportionate to the rate of growth — more growth qualifies for a bigger bonus. This would be a sort of pay-for-performance for companies seeking public incentives. Ideally, each year, the growth rate for different industries should be published, with great admiration for industries that produce more public good, and less admiration or none at all for those that diminish public good. Example 2a – Higher Education Employers in every state and region plead for better-educated and more qualified workers. Instead, states are raising tuition. Families take a leap of faith that education is good and many graduates are crippled with student debt. Unemployment among recent college graduates is at historic highs. Why not insist on a minimal commitment from business at the transition from education to employment? As a quid pro quo, employers should commit to internships and increased employment for students enrolled in the programs. We should track the number of interns who are hired and complete 5 years of employment. If the transition from college to employment lags, then the industry should repay costs for the program. Example 2b. Worker training Peter Cappelli points out that it was common, years ago, for a business to provide on-the-job-training . Many still do. Employers who externalize training costs to the community are suggesting they don’t have a commitment to workers or the community. Traditionally, an apprenticeship assumes an employment relationship. If a publicly subsidized apprenticeship is provided, we should insist that a local company hire the apprentices before they start the program. If the public subsidizes specialized training, and the employer lays off their apprentice employees within 5 years, the employer should reimburse the state for tuition. This makes much more sense than media accounts of laid-off workers paying $6000 out of their own pockets for a training program with no clear expectation of employment after graduation. The question should no longer be, “what can the state do to encourage business?” Instead, the conversation should be “public resources were invested in local industries. Which industries have returned public good from that investment?” Example 3 – Industrial Bonds Imagine launch aid similar to what Airbus gets in Europe. The government can hold the bonds, with the clear understanding that this public subsidy comes with an expectation of public good. If a company receiving launch aid suddenly decides to move work to low-wage countries, their launch aid loans could be subject to immediate repayment. Example 4 – Ex-Im Bank The US encourages exports of domestically produced goods to foreign customers who need help with financing by providing loan guarantees and administrative assistance. The Export-Import Bank does this, with the condition that loans can be no more than the domestic content of the product. The more domestic content, the higher the loan amount can be. Furthermore, if domestic content falls below 85%, then the product is not eligible for the public subsidy. I am perfectly happy with making business succeed. We are Capitalists. Well, sort of. To be clear, however, in Capitalism, when a business needs capital, it goes to the capital market. Banks and lenders impose conditions on borrowers that protect the lenders. We should do no less. When a company comes to government, we should have conditions that encourage production to stick in our local economy. We should see a clear public good that raises the standard of living for workers and communities.

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How Banks Get You On Overdraft Fees

November 22, 2011

Under pressure from regulators and lawyers, nearly all banks have stopped the predatory practice of reordering debit-card purchases to gouge customers for overdraft fees. But there is no law that prevents banks from starting up again, according to one consumer advocate that’s been studying this method. Earlier this month, Bank of America was ordered to pay $410 million in compensation to consumers for engaging, for 10 years, in transaction reordering — essentially processing higher-dollar purchases first, causing a cardholder to run through account funds faster and get hit with more overdraft fees. Pew Charitable Trusts released an interactive graphic (below) this week that illustrates precisely how the reordering works. In the graphic, drawn from the case of Gutierrez vs. Wells Fargo , a consumer was charged $88 in fees because the bank processed the highest dollar value transactions first. If the charges had been processed in chronological order, the overdraft fee would have amounted to only $22. The Bank of America suit is just one of several pending against banks, including related litigation against Wells Fargo and Citibank. The Federal Deposit Insurance Corporation issued guidance in November 2010 asking banks to “not process transactions in a manner designed to maximize the cost to consumers.” Banks have defended the practice by saying it’s a way of clearing the biggest payments first for consumers. And despite the cries of consumer advocates, like Pew, and the numerous lawsuits, some banks were still engaging in the practice in early November when the Bank of America settlement was announced. Further, there’s no law in place to prevent banks from starting the practice again. “They may phase it out today but bring it back tomorrow,” said Susan Weinstock, director of the Safe Checking in the Electronic Age project at Pew Charitable Trusts. Pew is calling for new regulatory measures by the Consumer Financial Protection Agency to explicitly prohibit the practice of reordering debit-card transactions, as well as other ways banks conduct activity — such as using long, complicated disclosure statements — in order to maximize their own profits. Even as banks have backed off high-to-low ordering of transactions, consumers are still on track to pay more than $16 billion in overdraft fees this year.

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Summer Infant, Inc. New COO Takes Office

November 22, 2011

WOONSOCKET, RI–(Marketwire – Nov 22, 2011) – As previously announced, Summer Infant, Inc. (“Summer Infant” or the “Company”) ( NASDAQ : SUMR ), a global leader in premium juvenile products, hired David S. Hemendinger to become Chief Operating Officer. On November 21, 2011, he began his employment at the Company. ” We are excited to have David’s skills and depth on board at Summer Infan t,” said Jason Macari, Chief Executive Officer of the Company. ” His broad experience and leadership capabilities in operations will greatly strengthen our senior management team .” As an inducement to Mr. Hemendinger joining the Company, the Compensation Committee of the Company’s Board of Directors approved an option to acquire up to 40,000 shares of the company’s common stock, vesting 25% each year beginning one year after the date of grant (November 21, 2011), and an award of 20,000 shares of restricted stock, also vesting 25% each year beginning one year after the date of grant. These awards are in lieu of the awards previously disclosed, and are being granted outside of the Company’s existing incentive compensation plan. For further information concerning the terms of these awards, please refer to the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on November 21, 2011.

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Army Staff Sergeant Claims He Was Predatory Lending Victim

November 22, 2011

SAVANNAH, Ga. — Army Staff Sgt. Jason Cox says he borrowed $3,000 for an emergency trip to pick up his daughter. The loan ended up costing him more than $4,000 in interest, plus a sport utility vehicle the lender seized when he defaulted. Now the Fort Benning soldier is suing the lender in federal court, contending the interest rate and other terms violated a 2007 law passed by Congress to protect military service members from predatory lending. Cox’s lawyer, former Georgia Gov. Roy Barnes, is trying to persuade a federal judge to grant class-action status because the lender, Atlanta-based Community Loans of America Inc., operates more than 900 stores in 22 U.S. states. Barnes believes numerous soldiers have taken out similar loans, likely without knowing the terms are illegal, though it’s not clear how many. “The rates are so lucrative for those that ignore the law,” said Barnes, a Democrat who pushed a statewide crackdown on high-interest payday loans when he was governor from 1999 to 2002. Some in the military are too busy with moves between bases and overseas deployments to bring lawsuits or complain, Barnes said. Robert Reich, president and CEO of Community Loans of America, did not return phone messages from The Associated Press. The company has yet to respond to the lawsuit in court filings. Cox said he was unaware of any restrictions aimed at protecting soldiers when he walked into a Community Loans store in July 2010, needing quick cash to drive to Minnesota and pick up his young daughter from his estranged wife. Cox said he needed cash for gas, lodging and food, but concedes it didn’t cost $3,000. He insisted the lender prodded him to borrow that amount at the store in Phenix City, Ala., just across the Georgia state line from Fort Benning. Cox pawned the title to his 2002 Dodge Durango in exchange for $3,000. In the coming months, he ended up taking out new loans from the same lender just to keep up with the interest. He paid interest of nearly $375 per month on total cash loans of $4,100 – an annual interest rate of 109 percent. “I was just treading water trying to stay on top of this loan and find ways to pay more on the principle. But when the interest is that high, it’s really hard to do,” said Cox, a 29-year-old veteran of three tours in Iraq. “For me, $375 is probably a month’s worth of groceries.” Community Loans is in the business of giving car-title loans. Customers take out cash loans, usually no more than a few thousand dollars, by putting up their vehicle’s title as collateral. The loans are typically due in a month with annual interest rates as high as 300 percent. If a borrower defaults, the lender can seize and sell the vehicle. Loan transaction records filed with the lawsuit show Cox was paying interest at more than three times the maximum annual rate of 36 percent allowed under the Military Lending Act. The suit said he refinanced the loan month-to-month to keep up with the high interest, which is also prohibited under the law. The loan documents indicate the lender also knew Cox served in the Army. There’s a space on the forms that reads “ID TYPE: GA, Military ID.” In August, the lender repossessed Cox’s SUV. The soldier said he still owed more than $4,100, having barely dented the principle after a year of payments. Regulation of short-term, high-interest loans varies by state. Congress granted special protection to military service members in 2007 after top commanders complained that too many in the rank-and-file were being trapped in loans they couldn’t pay off, putting them at risk of losing security clearances and possibly even discipline by court-martial. Military law prohibits service members from defaulting on debt. Military and consumer advocates said they don’t know how many other lawsuits have been filed claiming violations of the Military Lending Act. There’s some evidence the law has worked. The president of the Navy-Marine Corps Relief Society, which gives emergency loans to service members in financial trouble, testified at a Senate hearing Nov. 3 that it now spends far less bailing out those trapped in high-interest loans. Retired Adm. Steve Abbot said his organization spent $168,000 this year helping service members settle debt covered by the federal law, compared to $1.4 million in 2006 – the year before it took effect. Still, Katie Savant of the National Military Family Association said it’s tough to say how well the lending law is being enforced overall because that responsibility has been left to the states. And some lenders are finding loopholes to exploit in the federal law, offering open-ended credit that lacks a short-term due date. The law specifically applies to loans that require payment within 181 days or less. Also, more service members are getting short-term, high-interest loans online – from lenders outside the U.S. and thus immune from the statute, Savant said. Chris Kukla of the North Carolina-based Center for Responsible Lending said the military would be better served if the lending restrictions imposed by Congress applied to civilians as well. “There are lenders still willing to target the military even though the Pentagon and Congress have asked them to back off,” Kukla said. “The only way you’re really going to be able to protect that group is to have that protection apply across the board.”

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