bankruptcy

Huffington Post…

ATHENS, Greece — The leaders of the two parties backing Greece’s coalition government made dramatic appeals to their deputies Saturday to back legislation that calls for harsh new austerity measures – essential if Greece is to get a new bailout deal worth euro130 billion ($171.6 billion) and stave off bankruptcy. Prime Minister Lucas Papademos is expected to give a televised address later Saturday to defend the deal. Debate on emergency legislation approving the new bailout and a debt-swapping deal with private creditors began in committee Saturday afternoon. A plenary session will debate and vote on it Sunday. Further legislation detailing the measures demanded by, and agreed with, Greece’s public creditors, the European Union and the International Monetary Fund, will be up for vote a few days later. The exact time has not yet been set. Both leaders – socialist George Papandreou and conservative Antonis Samaras – as well as Finance Minister Evangelos Venizelos, a socialist, used stark images of a country under bankruptcy to warn their respective parliamentary groups of the importance of their vote. “If we do not dare today, we will live a catastrophe,” Papandreou said. “What do you want, a country where food will be handed out with food stamps and where we will have no fuel?” Samaras angrily told a dissenting deputy. “The battle is now. The war is now. If we falter, nothing will be left standing…The real dilemma is between painful measures and crushingly painful ones,” Venizelos told socialist lawmakers. Deputies are wary of voting for the measures, which include wage and pension cuts and the prospect of more to come, along with the firing of several thousand civil servants and the shutdown of several state agencies, including welfare agencies. The demands of the EU and the IMF have caused one of the original coalition parties – the populist right-wing Popular Orthodox Party – to quit the government and withdraw its four members from the cabinet. Two more cabinet members – both socialist deputy ministers – have also quit, citing their disagreements with parts of the austerity package. Both Papandreou and Samaras made it clear that dissenters would have no place in the party. Samaras was more emphatic, threatening to expel those who did not vote in favor and exclude them from the lists of party candidates in the next election. “I want to make it absolutely clear … rebels or ‘bravehearts’ have no place in (the party’s) candidate lists,” he said. “I call on you to fall in line and vote for this difficult and painful deal that will help (the country) stand on its feet. Whoever has a conscience problem, can resign,” Papandreou told his lawmakers. Despite their leaders’ calls, at least four deputies from each party openly declared they would vote against, while two socialist deputies – both former ministers – hinted they might do so. None offered to resign. Together, the socialists and the conservatives have 236 deputies in the 300-member parliament. Samaras also called for an immediate election once the bond swap deal with Greece’s private creditors is over, saying he would not agree to the extension of the mandate of the coalition government beyond that date. Elections are normally due in October 2013. The bond swap deal with Greece’s private creditors is expected to help Greece get rid of some euro100 billion of its debt. The bond swap must be completed before March 20, the redemption date for euro14.5 billion worth of bonds. Elections could then be held about three weeks later than that, at the earliest. While the two parties met, union leaders staged a demonstration outside parliament that attracted about 4,000 protesters, according to the police – while 5-6,000 policemen patrolled the streets of Athens. The protest ended with some scuffles that left two people injured when police tried to clear the street in front of parliament. Authorities are bracing for a much larger, and possibly violent, one on Sunday evening. Another 4,000 turned out for a peaceful demonstration in Thessaloniki, Greece’s second city. ___ Costas Kantouris in Thessaloniki contributed to this report.

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Greece Nears Bailout Deal To Stave Off Disaster

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The trustee overseeing MF Global’s liquidation said Friday that the shortfall between the funds under his control and the amount customers of the failed brokerage are expected to claim is at least $1.6 billion. The gap estimated by the court-appointed trustee, James Giddens, compares with his previous estimate of $1.2 billion. Giddens said in a statement Friday that the new estimate is based on his investigation and it could change again. Giddens has been combing through the accounts of MF Global since it filed for bankruptcy protection on Oct. 31. The collapse of MF Global, which was headed by former New Jersey Gov. Jon Corzine, was the eighth-largest corporate bankruptcy in U.S. history. Most of the $1.2 billion previously reported missing has been traced to customer accounts and banks. Regulators are investigating whether MF Global tapped money from clients’ accounts as its financial condition worsened. That would violate securities laws. Brokerages are required to keep customer money separate from the firm’s money. Unlike the previous figure, the new estimate of $1.6 billion includes about $700 million in customer money located in Britain. Giddens is in a legal dispute over that money with the administrator in Britain overseeing the liquidation of MF Global’s division in London. The new estimate excludes some customer claims that haven’t been filed yet. It also takes into account some funds that have been recovered since the earlier estimate was made in November. Giddens said about 40 percent of the claims filed by U.S. commodities customers of MF Global came from five states: California, Florida, Illinois, New York and Texas. Around 91 percent of the claims are for less than $100,000, according to his statement. Much of the missing money belonged to farmers, ranchers and other business owners who used MF Global to reduce their risks from the fluctuating prices of commodities such as corn and wheat. Giddens has returned about $3.9 billion to customers.

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Hundreds Of Millions More Dollars Of MF Global’s Money Thought Missing

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Athens Burns As Eurozone Rejects Greece Bailout Deal

February 10, 2012

ATHENS, Greece (AP) — Thousands took to the streets of Athens as unions launched a two-day general strike against planned austerity measures on Friday, a day after Greece’s crucial international bailout was put in limbo by its partners in the 17-nation eurozone. Clashes broke out in Syntagma Square, outside Parliament, as dozens of hooded youths threw fire bombs and stones at police, who responded with tear gas. No arrests or injuries were reported. Police said some 7,000 people took part in the demonstration. Another 10,000 Communist supporters held a separate, peaceful march, chanting slogans against cutbacks that include reducing the minimum wage by 22 per cent and cutting one in five government jobs in a country which is in its fifth year of recession. Bailout creditors say Greece has not yet met demands for all the required austerity measures and, frustrated by days of dithering, have given political leaders in Athens until the middle of next week to do so. Otherwise, the country will lose its rescue loan lifeline, go bankrupt next month and likely leave the euro. “We are experiencing tragic moments,” Deputy Prime Minister Theodoros Pangalos told Parliament Friday. “These days are the last acts of a drama that we all hope will lead to a happy conclusion with a voluntary reduction in our public debt and implementation of a framework by 2015 that will allow the economy to stabilize.” The Greek coalition government, led by Prime Minister Lucas Papademos had hoped some of the heat had been taken out of the crisis after leaders agreed Thursday to a raft of austerity measures they hoped would pave the way for the €130 billion ($173 billion) bailout package. However, finance ministers from the other 16 eurozone states put up a roadblock later in the day by insisting that Greece had to save an extra €325 million ($430 million), pass the cuts through a restive parliament and guarantee in writing that they will be implemented even after planned elections in April. A Cabinet meeting has been called for the afternoon, while the majority Socialists and the conservatives were later to hold party meetings to discuss the cutbacks. The new hurdles Greece has to clear to avoid a default that could send shock waves around the global economy dented sentiment in the markets Friday. Stocks were down all over Europe, with the benchmark index in Athens 1.8 per cent lower in early afternoon trading. While facing intense pressure abroad, Greece is having to deal with another strike. The country’s two biggest labour unions stopped railway, ferry and public transport schedules, and hospitals worked on skeleton staff while most public services were disrupted. Unions were planning protests in Athens and other cities around midday. Prime Minister Papademos and heads of the three parties backing his government have already agreed to deep private sector wage cuts, civil service layoffs, and significant reductions in health, social security and military spending. But the party leaders balked at demands for more cuts to already depleted pensions, later issuing nebulous assurances that a solution had been found. “Unfortunately, the eurogroup did not take a final, positive decision,” Finance Minister Evangelos Venizelos said after Thursday’s talks in Brussels. “Many countries expressed objections, based on the fact that we did not fully complete the list of additional measures required to meet our targets for 2012.” “The choice we face is one of sacrifice or even greater sacrifice — on a scale that cannot be compared,” Venizelos added. Once all the demands have been fulfilled, the eurozone will give Greece the green light to start implementing a separate bond swap deal with banks and other private investors designed to slice some €100 billion ($132 billion) off Greece’s debt load. EU Commission President José Manuel Barroso on Friday offered hope a deal could still be struck. “I am confident that a solution will be reached next week as this is critically important for Greece and the Greek citizens first and foremost but also for the whole euro area,” he said during a visit to India. “I therefore call on the responsibility and the leadership of the Greek leaders and all members of the eurozone so that we can obtain this goal that is important for the euro area and indeed for the global economy.” France’s central bank chief Christian Noyer also urged Greece to accept the “reasonable and indispensable” austerity plan. “Greece needs to do what other countries are doing, countries that have been in difficulty but are completely in line with the recovery plans,” Noyer said on Europe-1 radio Friday. “Greece has to accept all of this.” But on the streets of Greece, the mood is grim, after two years of severe income losses, repeated tax hikes and retirement age increases that failed to signally improve the country’s finances. Unemployment is at a record high of 21 per cent — with more than a million people out of work — while the economy is in its fifth year of recession and is expected to contract up to 5 per cent in 2012. The country’s politicians have taken a lot of criticism for the situation, and polls show the majority Socialists, elected in a 2009 landslide are now languishing at around 8 per cent. A Greek Socialist lawmaker resigned his seat Friday to protest the new austerity, a day after the country’s deputy labour ministry stepped down from his position for the same reason. But the resignation of Pavlos Stasinos will not affect the party balance in Parliament, as he will be replaced by another Socialist deputy. “It is unacceptable that right now our politicians’ petty political and public relations manoeuvring should be leading the country to bankruptcy,” respected Kathimerini daily said in an editorial. “The country is tumbling towards a cliff-edge, and a tough European establishment is putting out the view that Greece cannot be saved and lacks credible politicians. Our politicians back that view with their carryings-on.” Ta Nea daily accused Greek politicians of “theatrics and shilly-shallying,” and urged lawmakers to back the new measures in the Parliamentary vote, tentatively planned for Sunday. “Nobody can happily back the painful agreement with the troika,” it said in an editorial. “But neither can anyone shoulder the burden of the consequences, if the agreement is not completed.”

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David Kiley: The Great Debate Over Chrysler’s Super Bowl Ad

February 10, 2012

When I saw Chrysler’s Super Bowl ad at halftime on Feb. 5, I emailed the executive who conceived it, Chrysler marketing chief Olivier Francois, and told him I didn’t like it so much. It was my first viewing of the ad, and thus my initial reaction from the gut. I thought it was too dark. Unlike last year’s Eminem Super Bowl ad, I thought it didn’t do enough to lift Detroit or Chrysler — and wasn’t that the point? But after watching the video perhaps 10 times since that initial viewing, I have warmed to the ad, and recognized that my initial reaction seems to be in the minority. I’ve also come to think my response was tainted by all the election year claptrap and hogwash I watch and listen to on cable TV and satellite radio on a daily basis. Driven by the sharp reactions to the ad communicated via Twitter and in post-game interviews from political pundits and power-brokers like GOP fundraiser and former Bush Administration official Karl Rove , the media seized on the fact that the ad seemed to feature working-class folks from a Midwestern industrial town and the ad copy seemed to be right out of an Obama campaign speechwriter’s notebook, extolling the virtues of the auto industry bailout. The charge that Chrysler was somehow sending an early Valentine to the Obama campaign as thanks for the 44th president green-lighting the federal bailout of Chrysler in 2009 started to take shape on the airwaves. I initially thought the ad was a clever piece of marketing Jiu Jitsu, designed to create maximum buzz and chatter for the Chrysler after the game. Casting well-known Republican libertarian-cum-bailout criticizer Clint Eastwood was supposed to inoculate Chrysler from the pro-Obama charge. How could it be, I asked myself, that all these smart people at Chrysler and the ad agency Wieden & Kennedy had no clue their commercial would be seen through a political lens, especially just a couple weeks before the Michigan GOP primary? Even the line, “It’s Halftime in America,” made me think immediately of Ronald Reagan’s “Its Morning Again in America” spot — and that it’s coming up to “halftime in the Obama two-term presidency.” Francois says a possible political interpretation of the ad never come up in conversations during the two months of its development. He also says “creating buzz and chatter was never even part of the consideration.” Should we believe this very clever, intelligent, French-born executive heading both Fiat and Chrysler’s global marketing? No buzz intended? Olivier says the ad’s aim was to offer a logical sequel to last year’s Eminem ad, which ushered in the “Imported From Detroit” tagline as a slogan for the Chrysler brand. That line, repeated in this year’s ad, is now being used as an umbrella theme for all the company’s brands, including Dodge, Jeep, Ram and Mopar. “We are trying to shine a light on the values we hold in Detroit, values that we are trying to embrace for Chrysler and the values we think our customers identify with,” Francois said. “I know I am French and come from an Italian company, but I feel very much like I am gaining cultural citizenship in America, if not legal citizenship. And our team, which is led by Sergio Marchionne, is very serious about communicating what we think is great about this place and these people to the rest of the country.” Francois said Marchionne, the Fiat and Chrysler CEO, was intimately involved in the creation of this year’s ad, right down to writing and editing copy. Chrysler brand marketing chief Saad Shehab also had a hand in its writing and editing. And Clint Eastwood also had a lot to do with shaping the ad, choosing locations and writing copy. Eastwood was surprised Republican critics and Obama supporters felt that the ad was “pro-Obama.” But Eastwood’s spoken lines tee up, like it or not, an inevitable political discussion that will take place this month in advance of the Michigan GOP primary and into the fall, especially if Michigan native Mitt Romney goes on to face off against President Obama in the general election. Was the bailout the right thing to do? Was it money well spent? Was it fair to industries and companies that did not get bailed out? Was it too generous to the unions? The key lines: “[The people of Detroit] almost lost everything. But we all pulled together. Now, the Motor City is fighting again … but after those trials, we all rallied around what was right, and acted as one, because that’s what we do. We find a way through tough times. And if we can’t find a way, then we make one … how do we come from behind … how do we come together, and how do we win … it’s halftime, America, and our second half is about to begin.” The vast majority of Republicans, including all the current presidential candidates, were against the government-assisted bailout of General Motors and Chrysler. They believed the companies should have been allowed to go into bankruptcy court without aid from Uncle Sam, so that creditors could just pick over the companies, buy or be granted what they thought was valuable — Chevy, Jeep, Ram truck, Cadillac, real estate, etc. — and liquidate the rest. But amid the meltdown of the financial sector, there was no financing for an organized bankruptcy that would have allowed the companies to come out as whole at the end of the process, meaning it would have been a liquidation free-for-all. And as private equity companies usually do, there would have been a fire-sale of assets, followed by an inevitable move to get as much headcount and production out of Michigan and into Southern states and Mexico — as far away from the stronghold of the United Auto Workers as possible. The reason Southeast Michigan is clawing its way back is because hiring is happening. GM is the biggest automaker in the world again, and making billions. Chrysler is in the black and posting solid progress. Ford is making billions. Suppliers are bouncing back financially. The companies did not close or move away. GM and Chrysler have made substantial investments in the city and surrounding suburbs. Communities are still fighting to get back to par, but they haven’t been destroyed. The sentiments and words in Chrysler’s ad reflect the way the automaker’s executives and Eastwood feel about the values they find in the working people who design, engineer, market and sell the vehicles produced by the company. Their words also seem to support the idea that high-value manufacturing, such as automobiles, is an important industry to protect and nurture in the U.S. Those values and thoughts also happen to be shared by Obama’s administration, and they are a cornerstone of his campaign rhetoric and prose as president. It all seems to be a right-cross to the jaws of the GOP presidential candidates and the establishment conservatives who both opposed the auto bailout and regularly express disdain for the UAW. All on the biggest TV day of the year with over 100 million people watching. So it’s not difficult for many people to think the content and timing of Chrysler’s commercial could have been planned and calculated to maximize buzz, the currency on which most successful ads trade these days (no matter what Francois says he was looking for). The Chrysler executives and Eastwood say these political themes some of us think we saw were not in their minds or conversations. They sought to make an ad, they say, that simply touched and engaged everyone, not one party or another. Late Thursday, four days after the game, there were 5.8 million YouTube views of the ad. A cursory patrol of comments left by real people — not pundits or members of the media — shows those of us in the media are, indeed, in the minority of those who found it possibly pro-Democrat or pro-Obama. We won’t see the ad on TV again, says Olivier. Unlike last year’s Eminem ad, it won’t be shown in shorter versions for normal ad break. It was meant as a one-time-only event. My guess is that it will be remembered and talked about for at least a few days more. Then the YouTube hits will slow down, and we will move on to other topics. But the ad — intentionally or not — meshes well with the Obama message for the Midwest and especially Michigan. So it wouldn’t surprise me if we see the ad pointed to by the president and Democrats for months to come as a reminder of the grit, determination and values of Detroiters and Southeast Michiganders — and of just who kept the Michigan economy from falling of a cliff.

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American Airlines Rumored To Be Considering Huge Move

February 9, 2012

* AMR creditors committee open to exploring merger * Want merger-resistant managers to look at all options * AMR has exclusive right to submit reorganization plan By Soyoung Kim and Kyle Peterson NEW YORK/CHICAGO, Feb 8 (Reuters) – Some American Airlines unsecured creditors increasingly feel the bankrupt airline should explore a deal with US Airways Group or another carrier, after hearing parent company AMR Corp’s plan to remain independent, people familiar with the situation said. Members of the unsecured creditors committee — which includes banks representing bondholders, labor, vendors and the U.S. pension protection agency — are concerned about the third-largest U.S. carrier’s prospect of staying competitive as a stand-alone airline after sitting out the latest round of mergers. They want AMR management to explore other options that may lead to a better recovery of their claims, including a potential combination with another carrier, according to people who requested anonymity because they were not authorized to speak publicly on the matter. US Airways has said it is considering an eventual bid for its larger rival. While different creditors have different economic interests at stake, the sources said consensus is growing at the committee on the need to look at other alternatives. Even labor unions, which traditionally do not like mergers because they come with job cuts, want to explore how a deal with a rival carrier would affect their members even though they may not necessarily favor it, the sources said. AMR’s three largest unions — pilots, flight attendants and ground-workers — all have seats on the creditors committee. For now, AMR management has the exclusive right to submit its own plan to reorganize under bankruptcy court protection, and the airline has said it wants to emerge as a stand-alone company. But creditors could petition the bankruptcy judge to terminate that right to make way for competing plans, and the committee would ultimately also need to sign off on any reorganization plan. There is no offer on the table currently, and it remains to be seen if any merger proposal by US Airways or anyone else will require concessions less painful to creditors than what is sought by AMR management. But creditors’ frustration in the ongoing restructuring talks and their interest in exploring alternatives could provide the opening for a potential suitor to step in. AMR, however, has shown no interest in a merger with US Airways or anyone else. “AMR will continue to pursue the objectives of Chapter 11 to restructure and build a new, better, more efficient and profitable airline in the best interests of all of its economic stakeholders, passengers and the public,” the company told Reuters. Industry insiders say high anti-trust hurdles make Delta an unlikely buyer for AMR. They also question how US Airways would benefit American outside of the East Coast, where US Airways has a particularly strong route network. American already has plenty of cash, a strong domestic route network and service to Europe and Asia as well as related oneworld alliance partners in London and Tokyo. Labor troubles at US Airways dating to its 2005 merger with America West are also a red flag for heavily unionized American. NO DIRECT TALKS The creditors committee has not had any direct formal talks with US Airways or any other potential merger partner, the sources said. Aside from unions, the committee includes the Pension Benefit Guaranty Corp (PBGC), the government agency that protects underfunded pension plans; Boeing Co, Hewlett Packard ; and the banks acting for AMR bondholders — Wilmington Trust Co, Bank of New York Mellon Corp and Manufacturers & Traders Trust Co. Representatives for all these parties declined to comment. AMR’s unionized pilots, the Allied Pilots Association, would not comment on the prospect of a specific merger scenario. A spokesman for the group, Gregg Overman, said the union would review any proposal if “something comes up” and “we’ll evaluate it on the merits.” AMR’s flight attendants also declined to comment. But a source familiar with the group’s thinking said that while the union prefers to see the airline “grow and succeed” as a stand-alone company, it has so far not seen a business plan from management that would allow that to happen. The flight attendants’ union believes a merger with US Airways is “dicey at best” due to the fact that it has yet to fully integrate its labor groups after its 2005 merger with America West Airlines. The Transport Workers Union of America, which represents many ground-workers at American, is currently focused on examining AMR’s business plan released last week and will fully assess it before considering other proposals, the union said in a statement to Reuters. EXCLUSIVE RIGHT AMR filed for Chapter 11 on Nov. 29, citing a need to trim uncompetitive labor costs. The company told employees last week that it aims to cut expenses by $2 billion a year, slash about 13,000 jobs and terminate pensions. AMR also intends to generate $1 billion per year in new revenue. Delta Air Lines has hired advisors to explore its merger prospects with AMR, which would bring the No. 2 and No. 3 U.S. carriers together. US Airways is the fifth largest U.S. airline. AMR has the right to submit a reorganization plan without outside interference for 120 days after its bankruptcy filing. The judge can extend that right for up to 18 months. The exclusive period makes it difficult for an unwanted suitor to attempt a merger unless the creditors back such a move. US Airways has had a similar experience in the past. In January 2007 the airline withdrew its $9.75 billion hostile takeover bid for Delta, which was bankrupt then, after the creditors committee refused to support the move. Delta management convinced the panel the carrier would be stronger if it emerged from bankruptcy independent. Among the big carrier bankruptcies of the last ten years, only US Airways came out of Chapter 11 with a merger, and that was with smaller America West. Delta and Northwest aligned their restructurings and merged in 2008 only after each stepped out of bankruptcy. (Reporting by Soyoung Kim in New York, Kyle Peterson in Chicago and John Crawley in Washington, additional reporting by Caroline Humer; Editing by Phil Berlowitz)

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American Airlines’ Jan intl traffic up 5%

February 7, 2012

(MENAFN) American Airlines said that although the company filed for bankruptcy protection, the carrier’s international traffic in January went up 5 percent, reported AP. The airline added that in …

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American Airlines to focus on exiting bankruptcy

February 5, 2012

(MENAFN) American Airlines’ CEO, Tom Horton, said that at the current time, the carrier would focus on completing its restructuring and exit bankruptcy, reported Gulf News. Horton added that …

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Refusal To Cute Wages Complicates Greek Bailout Deal

February 3, 2012

ATHENS, Greece — Unions and employers’ associations in Greece on Friday rejected private-sector wage cuts, as demanded by the country’s international bailout lenders if Athens is to receive a crucial, second rescue package. The impasse appeared to be holding up final negotiations for massive new debt agreements – a eurozone finance ministers’ meeting, which had been expected for Monday to back the new proposals, was postponed to later in the week. In a letter to the government Friday, unions and employers said they rejected proposals for the minimum wage to be slashed and annual salaries to be paid to Greek workers in 14 installments. Private sector workers have already suffered a 14 percent loss in income due to emergency taxes imposed since the beginning of 2010, the letter said. Wage costs have emerged as a major sticking point in negotiations between the government and rescue creditors from Greece’s partners in the eurozone and the International Monetary Fund for a new bailout worth at least euro130 billion ($170 billion) in loans. The creditors argue that cutting labor costs is essential to making the Greek economy more competitive. However, both the unions and employers’ associations counter that the move will only further depress consumer spending and therefore tax revenue. The government must conclude negotiations on its second rescue package “that will ensure debt sustainability of the country in the long run, and that will bring remedies to a number of serious problems that the Greek economy has had even before this crisis,” said Amadeu Altafaj Tardio, spokesman for the EU’s Monetary Affairs Commissioner Olli Rehn. “And one of the main problems of the Greek economy as we have said time and again here is the chronic loss of competitiveness over the past decade. … Therefore all the elements, including elements linked to the labor market, wage formation, are part of these discussions.” Without the new bailout deal, and a related bond swap that seeks to cut the country’s privately held debt, Greece would go bankrupt in late March, when it faces a euro14.5 billion bond redemption it cannot afford. Government spokesman Pantelis Kapsis said the bond swap deal, known as the Private Sector Involvement, or PSI, and the parallel negotiations with the eurozone, European Central Bank and IMF debt inspectors for the second bailout were almost complete. “The PSI, I think, in its basic elements is ready,” he told Real FM radio, adding that talks with the debt inspectors known as the troika were “in the final stage.” “Within the day, we will have to finalize a series of alternative proposals which will be put before the political (party) leaders so we can take the final decisions,” he said. Greece has conceded the deal would see private investors take real losses of more than 70 percent through a 50 per cent cut in the face value of the bonds, along with lower interest rates and a longer repayment period than originally planned. A meeting between Prime Minister Lucas Papademos and the heads of the three parties in his interim coalition government was expected to be moved from Friday to Saturday, according to government officials. Asked whether there was any alternative plan, Kapsis said that “there will necessarily be a Plan B” – but that he did not want to discuss what it might be. “Clearly, if we don’t close the deal and we let go and say ‘we will default on our own,” we would be heading to an open bankruptcy. But I don’t think anyone supports that.” Speaking from Brussels, Tardio said that while negotiations were “extremely complex,” he believed an agreement was within reach “in the days to come.” Greece has been surviving since May 2010 on rescue loans from a euro110 billion bailout package from other eurozone countries and the IMF. In return, it has pushed through tough austerity measures, including public sector salary and pension cuts and repeated rounds of tax hikes. Despite the measures, however, the country has failed to meet the targets set out in its bailout agreement, and now needs a combination of the bond deal and a second bailout to prevent a default that could roil the euro currency. Finance Minister Evangelos Venizelos continued meetings in Athens Friday with debt inspectors to try and hammer out a deal. In parliament, he warned that while the situation was difficult now, the alternative the country faced was catastrophic. “We are not playing with fire when we are dealing with the fate of our people,” he said. “Yes, the people have become poorer. Yes, we are living a drama. Yes, our standard of living has gone down. Yes, it is dramatic to be obliged too cut wages and pensions. But what we could live through, and we are trying to avoid, is indescribable.”

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Joel Sucher: Is Newt Almost Right About Romney, Goldman Sachs, and Florida Foreclosures?

January 31, 2012

In a desperate attempt to claw up his poll numbers, Newt Gingrich has lobbed a bunch of accusatory mortar shells into Mitt’s campaign for Sunshine State supremacy. Probably the shell that’s created the most pushback is the one with Goldman Sachs painted on its side. It seems that the Massachusetts millionaire, according to his tax returns, had profited from investments, in particular a Goldman fund that was chock full of mortgage backed securities. By extension, Gingrich claimed, Florida homeowners whose defaulted mortgages were part of that Goldman fund had been had been victims of foreclosure. Mitt, according to Newt, seemed to be living up to his legacy as one helluva “vulture capitalist.” The New York Times jumped into the fray, throwing in its two cents to correct what they felt was a besmirchment of the already tarnished reputation of Wall Street’s vampire squid. No, The New York Times reported in a January 27 article , Goldie had already dumped its mortgage servicer, Litton Loan, back in late August, so it couldn’t be accused of foreclosing on anyone, at least not now, and certainly not on anyone’s Florida home. Servicers, as part of their business model, routinely collect payments from homeowners on behalf of investment trusts, which actually own the loans, and, per pooling and servicing agreements, routinely call the shots when it comes to foreclosures. So, in that realm anyway, Goldman had clean hands. However, that same day, Business Insider , in a piece titled ” Newt’s False and Pandering Attack on Goldman Sachs ,” did fill in some gaps notably missing in the Times piece. Blankfein and Company, according to the article, did hold “a very small number of whole loans in its Goldman Sachs Bank USA division,” and added that “it’s not out foreclosing on homes up and down Florida.” OK, at least they seemed to be doing a bit more in the way of homework. But it still begs the question: If Goldman itself is still holding these so-called “whole loans” in a mortgage portfolio, why is it inconceivable that they’re not “foreclosing on homes up and down Florida?” At the risk of being accused of defending Newt Gingrich as he tries to beat his way out of the Florida quicksand, let me suggest that there’s more here than meets the editor’s eyes at either The New York Times or Business Insider . In fact, there’s evidence that Goldman is not only holding on to these mortgages, they still have the ability to foreclose on homeowners, even those in the Sunshine State. In a November, 2, 2009 article for the McClatchy News Syndicate, ( “Goldman takes on a new role: taking people’s homes” ), correspondent Greg Gordon first revealed the existence of a little known Goldman affiliate known cryptically as MTGLQ. As a wholly owned subsidiary of Goldman, MTGLQ was never listed as the “owner” of any loan, but simply functioned as the heavy who came after defaulting homeowners who hadn’t paid their mortgage vig (monthly payment). In his research, Greg Gordon found a bunch of interesting cases around the country involving MTGLQ’s foreclosure efforts, including one in Florida, where the company targeted Orland homeowner, Adela Mendez. Mendez sought refuge in bankruptcy court (filing bankruptcy stays the foreclosure process). Like its owner, MTGLQ doesn’t particularly covet publicity. It thrived in the shadowy world of sub-prime investing; working to squeeze out any remaining revenue from defaulted mortgages with clearly no profit potential. So what’s the status of MTGLQ? According to ex-Litton Loan executive, Chris Wyatt, he remembers MTGLQ well. As head of the executive resolution team at Litton Loan Servicing, he was in constant contact with the powers that be at Goldman (Litton had been purchased by Goldman in December, 2007). According to Wyatt (who’s currently working with Pacific Street Films on the documentary, “Foreclosure Diaries”), MTGLQ is an acronym for “mortgage liquidation”: a fitting moniker for what they did on behalf of their boss. When Goldman dumped Litton Loan last August, according to Wyatt, it still retained a portfolio of mortgage loans: so called “whole loans” which it continues to service. However, according to Wyatt, at the time of his exiting Litton in April 2010, MTGLQ was in the process of morphing its name into something less Darth Vaderish: Goldman Sachs Mortgage Company. Why? Clearly, publicity averse Goldman wanted to avoid any association with something as negative as “liquidation,” which a probing media would quickly determine was “foreclosure” by any other name. Gordon, in his article, also documents Goldman’s reticence to admit to anyone that it owned the company. In a 2007 he highlights — that of California homeowner, Tony Becker, forced into bankruptcy to protect his home — it took US District Court Judge William Alsup to drag that bit of information out of a reticent attorney for MTGLQ. Eventually, MTGLQ gave up trying to seize Becker’s house. What Wyatt uncovered, first hand, about Goldman’s foreclosure practices shocked him; so much so that he resigned from the company and soon wound up in the center of a kerfuffle of sorts after appearing as a “whistleblower” on MSNBC’s Dylan Ratigan show in May 2011. Even though he never mentioned either Litton or Goldman (he simply kept the discussion to the foreclosure crisis) in an interview with Lisa Meyers, Goldman lawyers peppered Wyatt with “threats” regarding any possible future revelations. So in a strange irony of fate; Newt’s pot shots at Mitt may have inadvertently shed light on another one of Goldman’s little foreclosure “secrets.” Joel Sucher, a New York film maker, is working on “Foreclosure Diaries,” a documentary about the financial crisis. This is his first contribution to Off the Bus. If you would like to contribute as a citizen journalist to The Huffington Post’s coverage of American political life, please contact us at www.offthebus.org

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Sam Bodley-Scott: Can Any Company Live Forever?

January 31, 2012

The demise of the once mighty Kodak does prompt an interesting question about whether organisations can live forever. We often hear the term ‘DNA’ applied to organisations as a way of characterising their fundamental nature or to describe a component of their competitive success. But the use of this metaphor always starts me thinking about the immutable and rather uncomfortable truth that, as much as we might like to, we humans can’t change our DNA, which then raises the intriguing question — What if organisations can’t actually change their DNA either and that like us, with age it becomes increasingly difficult to maintain health and vitality? Leadership teams who do not take sufficient time to understand the true nature of their organisation’s DNA and the influence it is likely to have in supporting or restraining a chosen strategic direction may create an unrealistic future vision which risks triggering an immune response from the organisation and its customers. Such immune responses are of course often quiet and hidden, gradually weakening the ability and resolve of the organisation to compete at all. The received wisdom within management theory is that through continuous strategic innovation organisations should be able to live forever. But can this ever really be true? Experience shows that markets can evolve in such a way as to make an organisation’s DNA irrelevant. In other words a time may come when the experience, product passions, market intuition, competitive drivers, values and capabilities which taken together make up the character and nature of an organisation are no longer enough to allow it to survive. So what can we learn from Kodak? How can we ensure that our organisations maintain vibrancy and relevance in a rapidly changing environment? I would argue that an answer lies in knowing and deeply understanding the true nature of your organisation’s DNA and then using this knowledge to recognise the point at which adapting your market offering is no longer enough to allow the organisation to retain relevancy and that a more fundamental form of evolution is required to ensure survival. In these situations adaptive change such as Coca-Cola’s move to healthier soft drinks, Dyson’s move from vacuum cleaners to hand dryers or Nokia’s move to smart phones, doesn’t go far enough. There has to be recognition that the only way to survive is to create an entirely new organisation with new relevant genetic material. As with humans the future lies in finding a partner with different, relevant DNA and with whom we can create a new powerful creature. In these situations there must be an absolute requirement to get sufficient new DNA to fundamentally change the old. Unfortunately there are too many aging organisations that remain unwilling or unable to find a partner with whom to create their next generation, choosing instead to invest in increasingly uncomfortable, inappropriate and undifferentiated adaptations to survive with I’m afraid, inevitable consequences. But there are many examples of successful corporate evolution. Swatch was originally called The Swiss Corporation for Microelectronics and Watch Making Industries Ltd. and resulted from the merger of a leading mass market mechanical watch maker and an electronics group to produce an organisation fit for a rapidly changing technology environment. Swatch is now, the world’s largest watchmaker.

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Mark Yzaguirre: Don’t Blame Liberal Arts Majors for High Unemployment

January 31, 2012

Virginia Postrel recently wrote a piece at Bloomberg.com that is an important addition to current discussions about higher education. Postrel wrote her article in response to critics of higher education who argue that unemployment rates for recent college graduates (namely, liberal arts and humanities majors) justify a cutoff of student loan funding for such majors. One of the critics Postrel mentions, Bill Frezza, decided to target art history majors as the focus of his criticisms. Now, I’m not a fan of the current student loan system. I’ve written about the issue of student loan debt and the negative effects of high student loan debt on college graduates. There are others who have written on the topic as well and I suggest that anyone interested in this subject spend some time looking at the public policy questions that are at issue here, such as in those discussed in this Rortybomb piece from a few months ago. But Postrel is correct when she says that: There’s nothing like a bunch of unemployed recent college graduates to bring out the central planner in parent-aged pundits. While college students should take hiring practicalities into consideration in picking their majors, the idea that unemployment among recent college graduates is primarily a function of their choice of major is simply not true and the idea that over-education leads to unemployment isn’t supported by the facts. First of all, college graduates in general have a lower unemployment rate than non-college graduates. While this doesn’t argue against the need for more vocational and technical training opportunities for young people (and I strongly support the expansion of such training opportunities) it does undermine claims that there may not be a college premium anymore in the job market. Further, while unemployment rates for recent liberal arts graduates are slightly higher than those in business or engineering, the gap is not vast and frankly one would think the gap to be greater because business and engineering are touted as the prime “practical” degrees. (Has there ever been a time when it was thought that someone with a B.A. in philosophy has the same job prospects as someone with a B.B.A. in finance?) In fact, according to the Georgetown report that is linked in the previous sentence, the degree with the worst recent unemployment problem is architecture, which is a pre-professional degree. Also, as Postrel points out, most college students seek out pre-professional, job-oriented majors “and art history majors are so rare they’re lost in the noise.” Whatever one can say about art history or gender studies majors, they aren’t a large part of the college student pool and they certainly aren’t a prime driver of college graduate unemployment. To claim otherwise might say more about the cultural or ideological assumptions of the person making the claim than the apparent facts. None of this minimizes the issue of student loan debt and how it is a strain on both the lives of those who graduate as debtors and on the general economy. But going for a sort of central planning in which the government picks the winners for funding of college majors isn’t the right solution. The fact that the Frezza article mentions the education policies of the People’s Republic of China as an inspiration doesn’t exactly inspire confidence. One way to bring market discipline into this equation is simple — allow student loan debt to be dischargeable in bankruptcy, after a waiting period (perhaps five or seven years) to prevent people from racking up huge debts for degrees in lucrative fields and then declaring strategic bankruptcy. The Rortybomb article I cite above goes into detail about this and how it would simply be a return to the manner student loan debt was handled for decades. Allowing bankruptcy would make lenders look at individual debtors and make decisions on whether to fund their debt, rather than using the very blunt instrument of government selection of entire majors to support or not support as the tool to handle this issue. Central planning doesn’t have a good track record when it comes to determining how millions of people should live their lives and I don’t see any reason to think that it would be a good tool for determining what majors should receive student loan funding. One can definitely argue that the existence of federally-backed student loan debt creates market distortions and maybe we would be better off without it. I wouldn’t agree with that, but if we are going to have federally-backed student loan debt, turning it into an even bigger social engineering tool is an even more distortive act. I would agree, however, that it’s probably not a good idea for a student to rack up six figures of student loan debt to get a degree in an interesting but generally not lucrative humanities field from a middle-tier private liberal arts college. But that’s not where most student loan debt is coming from. For one thing, most college students go to public universities where one can get a great education at a lower cost. Furthermore, public universities have created innovative programs in recent decades to create an environment in which liberal arts and humanities majors can thrive and not feel lost in massive survey classes. There’s been an expansion of excellent honors colleges at state universities all over the country and students at such honors colleges can get a liberal arts college environment at a state university price, especially in-state students. This is an avenue for students who want to study whatever they want to have an opportunity to do so without incurring massive debt. And if students go to honors colleges at schools like the University of Oklahoma or Louisiana State University , they can read Aristotle during the week and go see top-ranked football teams on the weekend. Try doing that at an expensive New England liberal arts college. I suggest that exposure to a liberal arts and humanities education is good for all who engage in such study, regardless of what they eventually choose to do with their lives. Such an education is in many ways the most traditional form of education. The purpose of a liberal arts and humanities education is to teach young people how to think critically and become thoughtful citizens, separate from any particular job preparation that may develop. There’s nothing wrong with studying engineering or finance. Our society needs people who excel at both. But we also need historians, poets and writers in our society and an appreciation for such work among the general public. Let’s not allow current economic travails to pull American higher education even further away from encouraging learning for its own sake in favor of simple job training. While there’s plenty of room to improve higher education in the United States, attacking and defunding the liberal arts and humanities isn’t the way to improve higher education and it certainly isn’t the way to fight joblessness in any real capacity.

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Report: Missing MF Global Funds May Have ‘Vaporized’

January 30, 2012

Jon Corzine still doesn’t know where the money is, and it seems nobody else does either. A “significant amount” of the missing $1.2 billion in MF Global customer funds may have been “vaporized,” the Wall Street Journal reports, citing “a person close to the investigation” into the missing funds. The money could have gotten lost during chaotic trading leading up to the brokerage firm’s bankruptcy filing. Yet only one week before the brokerage collapsed, MF Global’s CFO sent an email to Standard & Poor’s saying the company had “never been stronger,” according to Bloomberg. Some officials reportedly believe that despite public claims to the contrary, the firm was growing more concerned about its European bets, employees dipping into customer money and using it to unfreeze assets at banks and meet demands for more collateral, according to the WSJ . The report comes nearly two months after former MF Global CEO Jon Corzine, once chief executive of Goldman Sachs , told a Congressional panel “I simply do not know where the money is.” The firm filed for bankruptcy in October , after risky bets related to the European debt crisis compromised its position. Corzine resigned shortly after the bankruptcy and the company laid off more than 1,000 workers . The bankruptcy filing also spawned investigations by multiple federal agencies into allegations that the firm misused hundreds of millions in customer funds . In addition to Corzine, the company’s CFO and COO also told lawmakers that they don’t know where the missing funds are . Some of the missing money may have been found at a British JPMorgan Chase in November , according to The New York Times . That hasn’t stopped the government from acting. Roughly two months after the extent of the firm’s collapse was made clear, the Commodity Futures Trading Commission, a federal regulator tasked with overseeing the derivatives market , approved “the MF Global rule” in order to avoid similarly improper uses of client money in the future, according to The New York Times . Even if the rest of the money turns up — a prospect that seems unlikely — Corzine’s reputation may never recover. The former New Jersey Governor, Senator and CEO of Goldman Sachs has become somewhat of a pariah on Wall Street since the meltdown. Some of his former employees created a pinata featuring a photo of him at a holiday party and President Obama gave back tens of thousands of dollars of campaign donations from Corzine .

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Deficit Focus Questioned As Answer To Europe’s Debt Crisis

January 29, 2012

FRANKFURT, Germany — Europe is getting tougher on government debt. After more than two years struggling to rescue financially shaky governments, leaders of the 17 countries that use the euro are ready to agree on a treaty that will force member countries to put deficit limits into their national laws. At first glance, it seems logical – after all, the crisis erupted after too many governments spent and borrowed too much for too long. But a number of economists – and some politicians – say the focus on cutting deficits is misplaced and that more fundamental problems are being left unaddressed. It’s how the euro was set up in the first place, they say – one currency, but multiple government budgets, economies moving at different speeds and no central treasury or borrowing authority to back them up. Until those institutional flaws are tackled, the economists say, the euro will remain vulnerable. So far, Greece, Ireland and Portugal have turned to other eurozone governments and the International Monetary Fund for emergency funds to avoid defaulting on their debts. Nonetheless, European leaders are pushing a new anti-debt treaty as the leading edge of their effort to reassure markets. European Union leaders hope to agree on the treaty’s text at a meeting starting Monday, and sign it by March. The proposed treaty pushes countries to limit “structural” deficits – shortfalls not caused by ups and downs of the business cycle – to a tight 0.5 percent of gross domestic product or face a fine. That comes on top of other recent EU legislation intended to tighten observance of the eurozone’s limits: overall deficits of 3 percent of GDP and national debt of 60 percent of GDP. European leaders are also urging countries to improve growth by reducing regulation and other barriers to business. Yet economists like Jean Pisani-Ferry, director of the Bruegel think tank in Brussels, says it’s striking that governments are focusing on budget rules, given Europe’s earlier experience with them. An earlier set of rules were largely ignored at the behest of France and Germany in the first years after the euro’s 1999 launch. And some of the countries that now are in the deepest trouble – such as Spain and bailed-out Ireland – stayed well within the debt limit for years. “This suggests that the simplistic view – that a thorough enforcement of the rules would have prevented the crisis – should be treated with caution,” Pisani-Ferry wrote in a recent article for Bruegel. Some European politicians are also voicing doubts about focusing primarily on deficits. They include new Italian Prime Minister Mario Monti, who has warned that growth is the real answer to shrinking debt in the long term. International Monetary Fund head Christine Lagarde has urged a broader approach. She calls for a willingness to share the burden of supporting banks and other financial risks so troubles in one country don’t become a crisis for the entire currency bloc. Here are four reasons for concern cited by economists – but not yet on the summit agendas of the eurozone’s leaders. NO COMMON BORROWING: Without a central, pan-European treasury, there’s no steady central source of support for eurozone countries that run into economic or financial trouble. Many economists say issuing jointly guaranteed “eurobonds” would make sure no one country would ever default and governments would always be able to borrow. Governments would give up some of their sovereignty, allowing review of their spending and borrowing plans, to get the money. Pisani-Ferry argues that this would protect governments from the kind of self-fulfilling bond market panic fueled by fears of default, that pushed Greece, Ireland and Portugal over the edge. Yet the idea of more collective responsibility remains unpopular in prosperous EU countries such as Germany, Finland and the Netherlands. They can borrow cheaply due to their strong finances and would likely pay more to borrow at the rate that includes the shaky ones. Eurobonds would also likely require a time-consuming change to the European Union’s basic treaty – which currently bans members from assuming each other’s debts. There would also have to be a mechanisms in place to stop countries with shoddy finances from borrowing too much. Opponents say that’s unrealistic. “If you have mutual debt responsibility, and freedom of each country to borrow, then each country can drive the eurozone into bankruptcy,” said Kai Konrad, managing director of the Max Planck Institute for Tax Law and Public Finance in Munich. BANK BAILOUTS: Europe currently has no safety mechanism that would stop a country from sinking under the weight of having to bail out banks based in that country. At the moment, each country bears the brunt of rescuing its own banks. This can create serious problems in a crisis. For example Ireland’s loosely regulated banks borrowed heavily and loaned out money freely for speculative real estate projects. When the real estate market collapsed and the loans were not paid back, the Irish government had to step in to guarantee the bank’s bonds – and quickly went broke. Ireland had a very low debt level of only 25 percent of annual economic output in 2007. As bank losses moved to the government’s balance sheet, by 2011 debt hit 106 percent of annual GDP. The country remains on EU-IMF life support. Simon Tilford of the Centre for European Reform in London draws an analogy with U.S. insurer AIG, which was bailed out by the U.S. federal government in 2008. AIG was incorporated in the U.S. state of Delaware, yet Delaware did not go bankrupt handling the rescue. The central government stepped in. TRADE IMBALANCES: Economists point out that gaps in how well countries compete and trade with one another have steadily widened since the euro was created. Greece’s current account deficit – the broadest measure of trade – is even worse than its budget deficit. It buys and borrows far more than it sells and earns abroad. Normally trade imbalances are evened out by fluctuating exchange rates – but that can’t happen within the euro. Countries can improve their competitiveness by doing what Germany did in the 2000s – cut labor costs to business by cutting general unemployment benefits. They can cut red tape and taxes. But that takes years. Meanwhile, the region is also hampered by an inflexible pan-euro interest rate. Low interest rates – set by the European Central Bank to see Germany and France through stagnation in the early 2000s – were too low to control wage inflation and reckless borrowing in places like Greece and Ireland. Wage costs and debt levels rose. Competitiveness and exports declined, weakening the economy and undermining government finances. CENTRAL BANK POWERS: Yet another structural issue is the limited power of the European Central Bank to support governments. The bank resisted calls to buy larger amounts of government bonds. That resistance observes the spirit of the EU basic treaty, which forbids the central bank from financing governments. But it’s a constraint that central banks such as the U.S. Federal Reserve and the Bank of England don’t have. They can buy up their country’s debt, a move that can push down government borrowing costs and reassure markets the state will always pay its debts. The ECB remains “a limited-purpose central bank,” says Tilford. He notes that Britain has more debt than Spain, 81 percent of GDP versus 67 percent, yet borrows at just over 2 percent annual interest for its 10-year bonds, while Spanish debt for the same period has a 5 percent-plus interest rate. One difference: markets know the Bank of England has the ability to support the government in a crisis by buying bonds and driving down interest rates. Many of these issue were raised before the currency was launched in 1999, then got less attention. Tilford says that “the tendency has been to say the currency union needs all these things but in practice it’s not necessarily the case” so long as countries obey budget rules and manage their finances well. “It’s become harder to maintain that kind of argumentation now, given how bad things have got.”

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Gary Rich: Shoulda, Woulda, Coulda

January 27, 2012

A friend of mine is in a senior position at a mid cap that just filed bankruptcy. Sadly hundreds of employees will lose their jobs, investors and lenders will lose their money and everyone who poured their heart and soul into working there will experience a painful defeat. And that’s not even the bad news. The bad news is it could have been avoided and my friend knew how. He’s an incredibly intelligent, driven executive who understands his business and industry better than anyone. That wasn’t enough; it never is. What he needed was the ability to convince those around him that the course they were on was doomed to failure. Leaders don’t have to be the smartest, and they don’t have to know all the answers. What they must have is the ability to convince people to follow them and this is a skill you can’t delegate or buy. Think about the times that you knew you were a participant in a flawed strategy. The times you thought and maybe even said, ‘this is a mistake’ but couldn’t bring people around to your view. Leaders must learn to influence without ultimate power because it ain’t much different when you do have the power. Study the methods of the people around you that do it well. It’s a skill that requires practice. In the end the only thing worse than ignorance is wisdom without the ability to convince people that our ideas are the right ones.

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Two Struggling Fast Food Titans Forge Unlikely Alliance

January 27, 2012

In Jackson, N.J., the home of Six Flags Great Adventure, one restaurant is hoping to the shape of things to come — the product of a desperate alliance of two storied restaurant chains that have banded together in response to tough times. It’s called Friendly’s Scoop . On its own, it sounds modest: just a 200-square-foot counter serving ice cream from Friendly’s, the fast casual ice cream-and-burgers chain. What makes it unusual is its location: inside a new branch of Burger King. It marks the first time that Friendly’s and Burger King, which are both owned by private equity firms, have joined forces. The Boston Globe ‘s Jenn Abelson reports that, if things go well at the Jackson Friendly’s Scoop , the model could be applied in all 50 states. As of now, she writes, Friendly’s has planted its flag in only 16 states. The gambit comes at a particularly crucial point for both companies. Burger King lost the title of second-biggest burger chain , to rival Wendy’s, this fall, and has resorted to schemes like home delivery in a bid to regain momentum. And Friendly’s is in even worse straits. The company filed for bankruptcy in early October . Lucky for them, then, the early signs seem to be good. The Globe quotes franchise operator Joe Anghelone saying that an unexpectedly high 18 percent of the location’s sales had come from ice cream so far.

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Republicans Slam Failure Of Green Car Battery Firm Despite GOP Support

January 26, 2012

WASHINGTON — Republicans are pouncing on the bankruptcy of yet another alternative energy firm that got federal aid — but the company, battery-maker Ener1, was also backed strongly by Republicans. Ener1, which makes electric car batteries, filed for bankruptcy protection Thursday, citing the failure of one of its top buyers, the electric car manufacturer Think. But Rep. Cliff Stearns (R-Fla.), a harsh critic of the White House’s alternative energy and green jobs efforts, quickly seized on the news as evidence of the failure of the Obama administration, mocking the president’s State of the Union pledge to continue pushing alternative energy policies. “President Obama was prophetic this week during his State of the Union address when he casually remarked, ‘Some technologies don’t pan out; some companies fail.’ Unfortunately, you can now add Ener1 to the growing list of failed companies that went belly up after hundreds of millions of dollars in administration backing,” Stearns said in a press release on the House Energy and Commerce Committee’s website. The committee is investigating the administration’s attempts to boost alternative energy technologies, including the high-profile bankruptcy of solar panel manufacturer Solyndra. “Sadly, the Department of Energy’s jobs record seems to grow worse by the day – first Solyndra, then Beacon Power, and now Ener1 – and it is American taxpayers who are paying the price,” Stearns said in the release. “One bankruptcy may be a fluke, two could be coincidence, but three is a trend. Our investigation continues, and we are working to ensure taxpayers are never again stuck paying hundreds of millions of dollars because of the administration’s risky bets.” He included a video of Vice President Biden visiting Ener1 in his release to make the point. Ener1 got a $118 million grant from the federal government in 2009. But it also got extensive aid from the Indiana Republican governor who delivered the GOP response to Obama’s Tuesday address — Gov. Mitch Daniels. Daniels’ administration granted the firm, which makes its batteries in Indiana, more than $7 million in tax credits, and praised it effusively. “Eight hundred fifty jobs of any kind is great news,” Daniels said at the time , in August 2008. “When those jobs are in a technology of tomorrow, like electric cars, it offers the prospect of even bigger news to follow. Indiana has what it takes to lead this automotive revolution and today is step one.” (Daniels stars in the Ener1 video below, even holding up a paperweight that declares “Love.”) Indiana Sen. Richard Lugar (R) was also a strong supporter , as was Rep. Dan Burton (R-Ind.). “EnerDel is the wave of the future. Its cutting edge technology will help relieve our dependency on foreign oil,” Burton said in October 2007, using the name for one of Ener1′s units. Lugar went so far as to call on Obama (or whomever turned out to win the White House in 2008) to keep pushing for technologies made by companies such as Ener1. The firm also had backing from George W. Bush’s administration, including winning defense contracts and significant work from Bush’s Department of Energy and the United States Advanced Battery Consortium. It is only in the last couple of years that Republicans have been so opposed to green energy. The Huffington Post has reported that many Republicans have actively pursued Department of Energy projects for their districts.

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‘Warren Buffett Of The North’ Comes To BlackBerry Maker’s Rescue

January 25, 2012

By Cameron French and Alastair Sharp TORONTO (Reuters) – The arrival of the man known as “the Warren Buffett of North” on Research In Motion’s board this week offers a ray of hope to the BlackBerry maker’s impatient shareholders after their disappointment that an insider was named new chief executive. That’s not to say the reclusive Watsa – who heads Fairfax Financial, now RIM’s fourth-largest shareholder – has a reputation as a turnaround artist who will agitate for radical change at the struggling company. But his 2.25 percent shareholding and new role as director suggest Watsa sees real value in the withered share price, even though some say the company has fallen hopelessly behind its rivals in the hyper-competitive smartphone and tablet markets. Based from the Indian-born Canadian’s track record, fellow shareholders have good reason to be optimistic. “Prem is attracted to companies that are out of favor and unpopular with the market,” said Todd Johnson, a portfolio manager at BCV Asset Management in Winnipeg, which holds Fairfax bonds. “He likely believes RIM is salvageable and that the market is unfairly punishing the stock now. His investing acumen has helped shares of Fairfax Financial, technically an insurer but also his investment vehicle, rise more than 100-fold in just over 25 years. Watsa is chairman and CEO of Fairfax and controls its voting shares. Watsa’s appointment to RIM’s board was part of a head office shuffle in which Mike Lazaridis and Jim Balsillie gave up their shared chief executive role to Heins, a company insider. RIM investors, who have watched their stock drop 84 percent in the last three years, sent the shares down sharply after the change in leadership was announced. They’re concerned that Heins, with his close association with the pair who presided over RIM’s swoon, may not have what it will take to reverse the decline. Heins reinforced that impression when he said he saw no need for a seismic shift at the BlackBerry maker, even though its market share has tumbled. BUFFETT OF THE NORTH Watsa started receiving comparisons to Buffett – the best-known proponent of investing on the basis of a company’s value – back in the 1990s. He’d already shown his investment chops by selling stock ahead of the 1987 stock market crash and buying Japanese puts – or rights to sell stocks at guaranteed prices – ahead of the Tokyo market’s collapse in 1990. But it was his call on the U.S. mortgage crisis that cemented his reputation as a savvy investor. Watsa began raising alarms on the U.S. mortgage industry in 2003, and Fairfax began selling or hedging its equity holdings, and buying credit default swaps that it later sold when the market began to collapse. A CDS enables the holder to be compensated in the event of a loan default. The move initially didn’t pay off, as stock markets churned higher in the mid-2000s. But when the market crashed in 2008, Fairfax notched a profit of $1.5 billion on the back of a $2.7 billion investment gain. In late 2008, with markets still reeling and other investors licking their wounds, he started to plow money back into equities, notching another strong year in 2009. Since then Watsa has changed gears again, hedging the company’s equity portfolio in 2010, and making more contrarian investments such as buying a 9 percent stake in troubled Bank of Ireland last year. “He’s gotten very very strong investment returns, I don’t think you can argue with that,” said one portfolio manager who holds RIM shares. “Whether he’s being brought on the board to support his existing equity positions or maybe ascertain whether value is there for a potential takeover and what that level would be at, I think there’s a lot that can be taken from his being added to the board,” said the manager, who requested anonymity because of his firm’s policy on speaking on the record. To be sure, not all of Watsa’s moves have been golden. Fairfax was forced to write off most its investment in Winnipeg-based media company Canwest in 2009 as the company filed for bankruptcy protections. It also wrote down a significant investment in publisher Torstar in 2008-09 and took losses on its holding of forestry company Abitibi Bowater. LOW PROFILE Born in 1950 in Hyderabad, India, and trained as a chemical engineer, Watsa has maintained a public profile that has at times bordered on the reclusive since he took over Fairfax in 1985. For his first 15 years at the company, he barely spoke to a reporter, and only started holding investor conference calls in 2001. Fairfax has generally not been known as an activist investor, but Watsa has hardly shied away from a fight, launching a $6 billion lawsuit against a group of hedge funds in 2006, accusing them of conspiring to the drive the company’s shares down so they could be shorted. A short position enables an investor to profit when a stock drops. With a board seat, Watsa will have a prime position to make sure his RIM investment is a winner. “He sees the value in this company, he sees where sentiment is, he sees where the asset value is and the cash value is and he sees the strategy. By joining the board he’s giving a vote of confidence and perhaps can have more hand in overseeing this transition,” said Matthew Thornton, analyst at Avia Securities in Boston. “That doesn’t mean it’s going to work.” (Editing by Frank McGurty) Copyright 2012 Thomson Reuters. Click for Restrictions .

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Murdoch-Backed Startup Fails

January 25, 2012

By Yinka Adegoke (Reuters) – Beyond Oblivion, a digital music startup backed by Rupert Murdoch’s News Corp and investment bank Allen & Co Director Stanley Shuman has filed for bankruptcy protection after spending millions of dollars building a service that never saw the light of day. Journalists were given a preview of the New York start-up service that aimed to give away a limitless library of digital music with devices that had the Beyond Oblivion software pre-installed. Such a plan would have had music licensing costs running at tens of millions dollars even before it achieved any scale. Beyond Oblivion owed creditors between $100 million and $500 million, with estimated assets of less than $10 million, according to a Chapter 11 filing at the U.S. Bankruptcy Court, Southern District of New York. Its two largest unsecured creditors were major music companies Sony Music Entertainment and Warner Music Group who are each owed $50 million, for what is described as “trade debt.” The board of directors, which includes Shuman and News Corp’s digital chief Jon Miller, agreed to wind down operations earlier this month. Beyond Oblivion, which was founded in 2008 by British entrepreneur and music producer Adam Kidron, raised nearly $90 million in venture funding in its last two years. News Corp originally paid $9.2 million for a 23 percent stake in Beyond Oblivion in April 2010, according to company regulatory filings. At that time Shuman, a News Corp director emeritus, had an 18 percent stake. News Corp said in the filing that Shuman did not receive compensation for his Beyond Oblivion board service. In the News Corp’s fiscal year through June 30, 2011, the company pumped an additional $2 million into the digital music company. As of June 30, News Corp and Shuman owned around 20 percent and 14 percent respectively. While relatively small in the context of News Corp’s $45 billion market capitalization, the collapse of Beyond Oblivion is the latest misstep with digital start-ups for Murdoch’s company. Murdoch, who has flirted with Internet businesses since the first dot-com boom in the late 1990s, famously bought social network leader MySpace for $580 million in 2005, only to see it lose its stature to Facebook. MySpace was sold last year for just $35 million. Earlier this month on Twitter, Murdoch said about his company’s role with MySpace: “We screwed up in every way possible, learned lots of valuable expensive lessons.” Last year, Murdoch launched a tablet-only news magazine called The Daily, which has so far been slow to make a major impact with consumers. News Corp Chief Operating Officer Chase Carey has said he expects the company to focus more on building the digital monetization of the major media brands it already owns such as Fox, the Wall Street Journal and its various TV shows and movies rather than try to start new digital businesses. (Reporting By Yinka Adegoke; Editing by Maureen Bavdek)

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Bob Samuels: Romney, Private Equity, and the Future of American Capitalism

January 25, 2012

While Mitt Romney would like to portray private equity (PE) firms, like his own Bain Capital, as examples of free market capitalism, the reality is that the only way many of these entities can make a profit is by manipulating the tax code and lobbying for favorable tax legislation and low interest rates. First of all, Wall Street and related financial institutions have spent millions on campaign contributions and lobbying efforts to make sure that profits made from private equity deals are only taxed as capital gains (15%). In turn, large institutional investors, like pensions and endowments, do not have to pay taxes on their private equity profits if these firms are based in places like the Cayman Islands, which it turns out is true for many of Romney’s investments. Inside the PE Machine The way that private equity deals usually work is that the PE firm will borrow a large amount of money, and then use this debt to buy a company. The private equity firm next forces the acquired company to restructure by selling off unprofitable parts of the original corporation and by reducing labor costs through layoffs and benefits reductions. Finally, the PE firm forces the bought company to take out loans to finance the original buyout, and this new debt is also used to pay large dividends to the investors and huge management fees to the private equity firm. It is important to stress that this whole system works because PE firms have lobbied Congress to count the private equity loans as an operating expense that can be deducted from profits on tax forms. Of course private equity firms have to put up very little of their own money because they rely on outside investors, like pension plans, to finance their deals. Furthermore, as Josh Kosman writes in his book The Buyout of America , the PE firm often gets a 20% commission on the fund profits, and so they have a strong motivation to make big deals. In fact, Kosman reports that after you subtract the huge cost of commissions, outside investors usually only make the same rate of return as a stock index fund. Furthermore, pension and endowments help to feed a system where companies are taken over by outside groups whose only interest is to extract money from existing corporations. Romney’s Role in Vulture Capitalism As Kosman argues, Mitt Romney was a pioneer of this system that invests in companies not to make them more profitable and efficient but to generate commissions for private equity firms and dividends for the investors. One irony of this system is that some pension funds profit from the destruction of companies and the reduction of benefits for employees at these leveraged corporations. For example, as Kosman reports, when Bain Capital under Romney bought out American Pad and Paper (Ampad), it quickly moved to dissolve the workers’ union and layoff many workers, and then it offered to hire these workers back at lower wages and reduced benefits. While Ampad continued to lose money, Bain forced it to take out more loans, in part, to pay commissions to Bain and dividends to the investors. Kosman argues that PE firms force banks to make risky giant loans to failing companies by threatening to take their business away from banks that fail to play the game. In fact, many banks make a great deal of their profits from the deals negotiated by private equity forms. In the case of Ampad, their growing debt forced the company to close plants and move production to Mexico, which only increased layoffs for American workers. Finally in 2000, the company declared bankruptcy. Another Bain deal detailed by Kosman is KB toys. In order to make this profitable arrangement, Bain followed its practice of getting the corporation to accept the leveraged buyout by promising the executives huge bonuses. However, a few years after this deal went through, KP had to declare bankruptcy and it closed 600 stores and fired 5,000 workers. Of course, Bain and the KP were still able to collect $64 million. So much for being a job creator! Private equity’s reliance on corporate welfare can be seen in how they have lobbied Congress to be able to make tax deductions for interest payments. Since almost everything these firms do requires taking on huge debts, they are able to turn a profit by deducting their interest payments from their profits, and thus they can avoid paying taxes. Moreover, the bought companies are made to look to have profits through the deduction of interest payments, and by declaring a profit, the companies are able to take out more loans and pay higher dividends to investors and commissions to the PE firm. Romney’s America If we now imagine Mitt Romney as president, we could surmise that he would continue the financialization of our jobless economy, and he would help to increase wealth inequality by pushing a system that reduces labor costs and shifts all profits to executives and financial investors. Furthermore, our tax base would continue to erode as the wealthiest would avoid paying taxes by declaring their income as deferred interest. In this return to a feudal economy, the lords of finance would rule over the impoverished masses, and there would be no job protections, benefits, or organized labor. As more jobs will be shifted overseas, we will witness the complete destruction of our middle class, and the divide between the haves and the have-nots will only increase. Let’s hope an emboldened Gingrich steps up his attacks on Romney’s vulture capitalism.

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Swiss Petroplus to file for bankruptcy

January 24, 2012

(MENAFN) Swiss Petroplus’ Chief Executive, Jean-Paul Vettier, said that the oil refiner would file for bankruptcy, after failing to pay off its debts to lenders, reported Reuters. Vettier added …

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Video: Becker Says Delta, AMR Would Gain From a Merger

January 20, 2012

Jan. 19 (Bloomberg) — Helane Becker, an analyst at Dahlman Rose & Co., and Nancy Havens-Hasty, president of Havens Advisors LLC, talk about the bankruptcy and potential buyers of AMR Corp., the parent of American Airlines. They speak with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Video: Ex-Marketing Chief Hayzlett Discusses Kodak Bankruptcy

January 20, 2012

Jan. 19 (Bloomberg) — Jeffrey Hayzlett, former chief marketing officer at Eastman Kodak Co., talks about Kodak’s filing for bankruptcy protection. The photography pioneer that introduced the Brownie Camera more than a century ago filed for bankruptcy after consumers embraced digital cameras. Hayzlett speaks with Cory Johnson on Bloomberg Television’s “Bloomberg West.” (Source: Bloomberg)

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WATCH: Janitors Fire Back At Newt Gingrich

January 19, 2012

Despite his current surge in the South Carolina polls, Newt Gingrich’s star is not rising among one group of workers who have been a key talking point on the campaign trail: unionized janitors who the former House speaker says make “an absurd amount of money” and should be fired and replaced with poor schoolchildren. At a high school in Hudson, N.H., where Gingrich gave a speech last week, the janitors are represented by the Teamsters union. They start off earning $16.86 an hour, or $28,324 a year, according to the local union contract. Before Gingrich arrived on Jan. 9, several of them were readying the auditorium for his event. The men weren’t impressed by his plan for their jobs. Those surveyed began with one basic point: If their jobs are turned over to schoolchildren, they would be out of work. But they quickly moved on to what they see as the more offensive issue: that a man like Gingrich — who made around $1.6 million offering advice to mortgage giant Freddie Mac — would claim to know anything about janitorial work. “If you leave these custodians go, they’re going to be out of a job,” said Jerry Mishow, head custodian at the school, who earns the top janitorial wage of $25.41 an hour, or $42,688 a year. “Leave well enough alone.” “It just shows how out of touch with reality he is,” added Brian McNamara, another custodian. “I don’t think he knows what it feels like to be down in the trenches, actually, you know, with the average everyday guy,” said a third custodian, Peter Petrakis. “He doesn’t even know what a custodian job is,” Mishow added. “How can he put kids mixing chemicals and everything else ?” “That’s so wrong on so many levels,” Petrakis agreed. Janitors are not the only people to disparage Gingrich’s controversial strategy to fight both child poverty and the jobs crisis by replacing adult janitors with working kids. Economists who study job creation say it won’t improve the economy, academics who study children and poverty say it won’t help poor kids, and unions who represent janitors say it’s an affront to working people. “You could take one janitor and hire 30-some kids to work in the school for the price of one janitor,” Gingrich said at Monday night’s Republican debate in South Carolina. “And those 30 kids would be a lot less likely to drop out. They would actually have money in their pocket.” His remarks were greeted with cheers from the audience. “It’s another absurd statement designed to appeal to the anti-union right-wing base,” said Robert Troeller, president of Local 891, International Union of Operating Engineers, which represents New York City custodial engineers. “A man with a million-dollar line of credit at Tiffany’s has the audacity to claim janitors are overpaid.” Video by Anne Thompson.

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Carol Pierson Holding: Why Mileage-Based Insurance Should Be a Federal Mandate

January 19, 2012

In this election season, we’re hearing a lot about reducing the role of the federal government. Letting the states decide the issues. Turning national legislation like Roe v. Wade back to the states. Even shuttering federal agencies like the EPA. The cry for smaller government runs through both Republican and Democratic campaigns. But then you run into something as sensible as mileage-based auto insurance, which has lingered for years in state legislatures while people who don’t drive much continue to pay up to 30% more than they should for insurance. Society suffers too: an effective economic incentive for driving less is lost so accident rates remain unnecessarily high and the environment suffers. Doesn’t this seem like something that should have been federally mandated? I’m not advocating a federal mandate that insurance companies offer Pay-As-You Drive (PAYD) — I do believe in free markets — but a mandate that states figure out how to adjust their labyrinthine insurance statutes to accommodate this potentially game-changing option. With a deadline. Mileage-based insurance or PAYD was first explored in 1925. Since then, the issue has been studied and analyzed and reformulated dozens of times. With the advent of technology that would allow real-time mileage monitoring, the issue gained steam among environmentalists, social justice advocates and safety proponents, all of whom found remarkable benefits from PAYD. And for a time, the federal government seemed poised to get involved. In 1998, the US Environmental Protection Agency sponsored an effort to examine concerns expressed about PAYD auto insurance. The idea was to explore a reformulation taking into account issues of pricing and availability in states whose statutes were created around time-based policies. In 2001, Texas, a state that had no statutory restrictions that would block PAYD, was the first to allow it. The major insurance companies also began to look seriously at the market, exploring the method that the monitoring would take and creating actuarial tables to help determine pricing. I’d never heard of PAYD or mileage-based insurance until I read about it in a newsletter from Climate Solutions , a local environmental organization rallying support for legislation that would allow insurers to offer PAYD to Washington state drivers. Partnering with Transportation Choices , their goal is environmental improvement: the Brookings Institute recently estimated that if all motorists bought PAYD, driving would decline by 8% and CO2 emissions by 2%. PAYD is second only to carbon pricing in effectively reducing carbon from automobiles and far more useful than HOV lanes or congestion pricing: Source: Climate Solutions Mileage Based Insurance: Drive Less, Pay Less for Auto Insurance . Washington state is famous for its progressive politics. Its consumer protection laws are strict and its approach to environment issues among the most sensitive in the US. Yet the first bill to allow PAYD was introduced only three years ago. The bill still has not passed. Washington’s insurance commissioner is eager to allow PAYD and supports the bill. What, then, is holding it up? The insurance companies that don’t have PAYD offerings. According to Carrie Dolwick, Lobbyist for Transportation Choices, “Auto insurance is a mature market desperate for differentiation, and the green credential of mileage-based insurance is very attractive. Some companies have jumped in and already have equipment and pricing/actuarial tables all worked out. Those that have not are concerned about their competitive advantage.” Ah, unfettered capitalism at work. PAYD programs were delayed in most states until the late 00s; 10 states still don’t allow them. States that could have avoided insurance company heel-dragging had to give up benefits that mitigate problems of poverty, accidents and CO2 emissions. Isn’t this what we look to the federal government to avoid?

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Wall Street Slashed Thousands Of Jobs Last Month

January 19, 2012

Jan 19 (Reuters) – Wall Street axed 2,000 workers in December as poor profits led companies to slice expenses, the biggest reduction since last summer when the industry released its summer interns, James Brown, a labor market analyst with the New York Department of Labor, said on Thursday. Because banks and brokerages have announced tens of thousands of layoffs around the globe, but not identified where the layoffs would occur, this trend might continue in New York City because it is a global financial center. The drop in the ranks of bankers, traders and brokers will compress the city’s tax revenues because Wall Street is the wellspring of its economy. December’s job losses clipped the total number of securities and commodities brokers to 166,900 positions from November, according to the state labor report. The much bigger overall financial sector laid off 3,400 people in December though this sector typically hires 2,000 people in December, the labor report said. The seasonal leisure and hospitality industry, which usually adds jobs in December, instead cut 3,900 workers. The bright spot was business and professional services, which hired 5,000 people in December. That topped the 10-year average monthly gain of 4,000 jobs, the labor report said. “With a strong rebound in 2010 and 2011, this sector has recouped all of its losses, reaching the all-time high in employment last seen in July 2008,” the report said. Still, New York City’s unemployment rate crept up one-tenth of a percentage point to 9 percent in December from November. The year-ago rate was slightly lower at 8.8 percent. “In a recovery, I’d rather it was trending down rather than slowly rising, especially as the national rate has started moving down,” Brown said. “We’re having at best average job growth; to really get the unemployment rate moving down you need sustained growth,” he said. New York state’s unemployment rate was unchanged at 8 percent from November. It stood at 8.2 percent a year ago. (Reporting By Joan Gralla; Editing by James Dalgleish)

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The Perfect Gift For Valentine’s Day: JPG Goes For Gold?

January 19, 2012

Nothing quite says “I love you” like a bar of gold bullion with Jean Paul-Gaultier’s mark on it. After teaming up with Dallas-based bullion company Dillon Gage Metals , the flamboyant French designer has unveiled the 24 carat one ounce gold bars just in time for Valentine’s Day. With only 5,000 bars to be released, the limited edition “collector’s item” comes engraved with a heart, rays and Gaultier’s name , notes the Telegraph . As Forbes puts it, investing in the precious yellow metal allows for hedging against inflation, while diversifying your holdings and pleasing a loved one all at the same time. Priced at $1,826.33 (plus a $25 handling fee), the gold bar is 10 percent above gold’s current commodity price of $1,650 an ounce , according to the Wall Street Journal . “Never before has a fashion icon designed a gold ingot,” Terry Hanlon, president of Dillon Gage Metals, said in a press statement . “The Gaultier bar is a one-of-a-kind, limited-quantity collector’s piece that not only is a great investment but it will also become a piece of history.” The price of gold has risen more than fivefold in the last 10 years, outperforming almost every other investment available. Though stamping a designer logo on a bar of gold is far from an innovative business endeavor, it’s not often you see the world of financial commodities and fashion embrace one another.

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New Consumer Cop Picks First Fight With Big Banks

January 19, 2012

Picking his first public fight with the banking industry, Washington’s top consumer cop, Richard Cordray, promised on Thursday that his examiners will scrutinize a handful of big banks that make high-cost loans. Inspection of major financial institutions will be part of a broader review of payday lenders, he said at a public hearing organized by the Consumer Financial Protection Bureau in Birmingham, Ala. The move is significant in that Cordray made no distinction between established financial institutions, including Wells Fargo and U.S. Bank, and less-respectable storefront and online payday lenders with names like EZ Money and AmeriCash Advance, widely criticized for making high-cost, short-term loans to the most desperate borrowers. Although he was careful not to strike a directly confrontational tone, by specifically mentioning banks’ high-cost loans in his first major speech as the new CFPB chief, Cordray suggested that his agency doesn’t buy the bank industry line that its loans are not traditional payday products because they are structured differently. Cordray did not single out any bank. But the listing of specific names of such payday lending programs in an examination guide released at the hearing — such as Fifth Third Bank’s “early access advance” — is likely to chill the blood of bank executives, whose companies make big profits off payday loans. “We recognize the need for emergency credit,” Cordray said in a transcript of his opening remarks, provided in advance. “At the same time, it is important that these products actually help consumers, rather than harm them.” Cordray said that he chose Birmingham as the site for the hearing because Alabama has one of the highest concentrations of payday lenders in the U.S. The increase in payday lending shops in Birmingham recently drove the city council to pass a six-month moratorium on new stores, he said. A field guide for CFPB examiners, released as part of the event, instructs them to assess the risks in payday lenders’ interactions with consumers, “including potentially unfair, deceptive, or abusive acts or practices.” The CFPB is the first federal regulator to examine nonbank payday lenders, though bank payday loans are technically subject to oversight from other federal regulators. A handful of large banks — Wells Fargo, U.S. Bank, Fifth Third Bank and, most recently, Birmingham-based Regions, which launched its product last year — are in the payday business. Most charge $10 for every $100 borrowed. (Wells Fargo recently lowered its fee to $7.50 per $100.) That works out to an annual percentage rate of 365 percent, based on a typical loan term of 10 days. “This is designed for customers in an emergency situation,” said Wells Fargo spokeswoman Richele Messick of her bank’s payday product. “It is an expensive form of credit. It is not an answer to their long-term financial needs.” John Owen, a Regions executive, was set to appear at the hearing. According to a Regions spokeswoman, he was going to participate in the discussion, but would submit his formal testimony directly to the CFPB. “We are mindful of our responsibility to partner with our customers and we seek to establish an environment that encourages responsible lending and repayment,” said Owen in his written remarks. “We listened to our customers’ input and developed a service that would meet their short term financial needs.” Customers who borrow from Regions can establish a credit history, which may allow them to borrow at cheaper rates in the future, Owen pointed out, and that is something not traditionally available at storefront payday lenders. U.S. Bank and Fifth Third could not be reached before publication. All note in disclosure forms on their websites that these loans are expensive and not intended for repeated use. The banks also require customers who take out too many loans in a short period of time to observe a “cooling-off” period of 30 days to six months before they can borrow again. The banks say this is evidence that they take seriously concerns about over-use. Regions and Wells Fargo also give customers the option to repay these loans in installments. But the Center for Responsible Lending, a consumer group that has been practically clanging cymbals together to get the regulatory community to pay more attention to bank payday lending, says its data show that bank payday borrowers are likely to fall into the same cycle of debt that traps many traditional payday borrowers. The typical bank payday borrower takes out 16 loans and is in debt 175 days per year, according to the advocacy group’s study of checking account data that it bought from a third-party vendor. That stretch of 175 days is twice as long as the maximum amount of time that the Federal Deposit Insurance Corp. has advised is appropriate. “The very structure of a bank payday loan makes it likely to trap customers in long-term debt even while the bank claims that the loans are meant for short-term use,” said Rebecca Borne, a senior policy analyst at the Center for Responsible Lending. Banks also appear to charge far more than is necessary, given the low risk of default. The banks will not disclose how many customers default on payday loans. But in a letter to the Office of the Comptroller of the Currency, which is considering new guidelines for bank payday and overdraft products, the American Bankers Association wrote that the historical “charge-off rates” — money the bank has written off as lost — for direct deposit products are low, ranging between 3 and 4 percent. This suggests that the fees charged payday borrowers are mainly pure profit. Traditional payday lenders say the high cost of their loans is justified because the risk of default is also high. At those lenders, where average annual interest rates on borrowing top 400 percent, customers leave behind a post-dated check for the amount borrowed, plus a fee. Bank payday loans, also described as direct deposit advance products, work differently. Customers must have checking accounts and must have their pay or benefits check directly deposited into that account. When the check is deposited — the maximum loan term is 30 days; the maximum loan usually $500 — the bank pays itself what it is owed, plus the fee. If direct deposits are not sufficient to repay the loan within 35 days, the bank repays itself anyway, even if the repayment overdraws the customer’s account, triggering more fees. For some borrowers, there are much cheaper forms of short-term credit. Members of State Employees’ Credit Union in North Carolina, for example, can take out a payday loan at 12 percent interest. Further, they are required to sock away 5 percent of what they borrow in a savings account. When that balance tops $500, they can borrow money for even less — just 5.5 percent. Payday loans are still the most profitable loans the credit union makes, said Jim Blaine, president of the company. Blaine said that the credit union earns a 4 percent return on the average loan. More than 110,000 members participate in the program, with as many as 90,000 taking loans on a recurring monthly basis. They have put away $23 million collectively through the mandatory savings program, according to the credit union’s data. Blaine said he didn’t want to comment directly on bank payday lending, but noted, “It sometimes seems like our financial system is set up to penalize those who know the least and have the least.” He added, “It appears to me that the system has gone beyond beware to buyer be damned.”

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Dan Mulhern: Is Capitalism the Bain of Romney’s Political Existence?

January 19, 2012

As charges of vulture capitalism hang in the air, Mitt Romney’s claim that he understands job creation because he’s a “business leader” begs us to look deeper. We ought not look to Romney, but to Peter Drucker, the father of business management, as we answer the cry that’s unceasing from middle Americans: How will America produce decent jobs and opportunity? Drucker, a consummate champion of business, leveled a serious charge ten years ago. And his accusation is ten times more relevant today. Three divergent interpretations of our economic reality are bringing focus to our political choices. Which view prevails will determine who is our next President and what policies we can expect. View 1: Capitalism is rough, but in the end it creates jobs. In this interpretation, the Bains of the world seek opportunities to eliminate employees, units, divisions, departments, and whole companies. Not out of sick, evil intent, but out of the convictions that these individuals and groups are just not optimally efficient. Such sub-optimal performers might well have been eliminated by the market anyway. Bain interventions led to a new life for some. Others not. Romney argued in the New York Times that this kind of private sector efficiency is what should have happened to Chrysler and GM in 2008. Let them crash, he said at the time, and let the market have at them (with a little public bankruptcy court assistance), and salvage whatever value there is. It would have been some terrifyingly “creative destruction,” but the true free marketers, of whom Mitt generally counts himself (and Ron Paul with even less hesitation), believe that in the end more jobs get created than destroyed. In this view, if the “economic man” can’t create something of great enough value to earn money/a job, then so be it. That’s his or her moral problem and no one else’s. View 2: Modern day capitalism is no longer a net job creator, especially in developed countries like the United States of America. In this view, it’s simply foolish to look to business people for the answer to creating jobs in America. It’s like looking to NBA players to keep ticket prices down. “Ahh, sorry, not my job!” In this interpretation, business people are doing what they must. Bain excels at it. They seek efficiency to grow the bottom line. As they steward businesses, labor is often a huge share of their cost of doing business, and they fastidiously manage that cost center. To make profit — or sometimes just to stay in business — they hold wages and jobs down. The one percent, of course, benefit greatly as investors. And as former Secretary of Labor Robert Reich points out, many in the 99 percent also like this cold-hearted, rational capitalism. In Supercapitalism , Reich argues that as consumers, we’re thrilled that prices are held down by competitive cost-cutting; and as investors, including 401(k) and pension holders, we demand that our investments pay. My 80-year-old mom told me this week that she’ll get her new Ford Fusion for less than the lease she signed three years ago, and it will have many more features. And she will buy it because demanding money managers have seen that the market has performed well for her. But many workers simply can’t find work, and millions more worry that their job could be the next inefficiency to be eliminated. The pure free marketers argue that over time they create jobs by making companies healthy. And they might surprise you with the results of the supposedly horrible first decade of this century, when for all the down-sizing, American businesses that operate abroad did not cut but added a net half-million jobs. But where did those jobs get added? They added 2.9 million jobs abroad while cutting 2.5 million jobs here. These weren’t just cuts to jobs in manufacturing or textiles — there wasn’t an industry that was immune. Even Ernst & Young did a million American tax returns in India. Capitalism moves capital like gravity moves water — to the low spots. And they simply aren’t in America. As my wife, former Governor of Michigan Jennifer Granholm, and I argue in our book, A Governor’s Story , continuing productivity gains and the huge surplus of cheap labor abroad dictate that efficient capitalists, which Mitt Romney certainly was, can’t be trusted to create jobs. After all, the driving purpose of modern American capitalists is to create wealth not jobs. Do you think we would ever hear Romney say that he and his colleagues assessed acquisitions and start-up investment opportunities in his board meetings by determining which ones would create the most jobs? Of course not. Free market thinkers must answer for the fact that the big problem is not that the invisible hand is being crippled by government, but that it’s now moving money like David Copperfield moves coins or Apple moves music — at lightning speed. The developing world is in a major rush to attract our capital, and our capital is nothing but fluid. Peter Drucker, a huge believer in market capitalism, was deeply concerned about what is now Romney’s Bain problem. Drucker saw that business had become a huge force in American life. And as he argues below: where there is power, there must be some accountability. Management books tend to focus on the function of management inside its organization. Few yet accept it as a social function. But it is precisely because management has become so pervasive as a social function that it faces its most serious challenge. To whom is management accountable? And for what? On what does management base its power? What gives it legitimacy? Drucker rightly noted, “These are not business questions or economic questions. They are political questions. Yet they underlie the most serious assault on management in its history — a far more serious assault than any mounted by Marxists or labor unions.” And what did Drucker see as that momentous threat? His three-word answer: “The hostile takeover.” Drucker saw that owners like pension funds were “driven by the postulate that the enterprise’s sole function is to provide the largest possible immediate gain to the shareholder. In the absence of any other justification for management and enterprise, the ‘raider’… too often immediately dismantles or loots the going concern, sacrificing long-range, wealth-producing capacity to short-term gains. There are those who wouldn’t admit to these structural problems, but instead lay a third view at CEO Romney’s feet: View 3: Modern day capitalism can work, but some evil actors abuse it. In this view, CEO’s and boards should create shareholder value, but they should also act responsibly regarding the fallout of their actions. Some don’t. Newt Gingrich and Rick Perry are trying to pin this tale on Romney, with Perry labeling Romney a “vulture capitalist,” who makes wealth by preying on the vulnerable. They postulate and Democrats will no doubt amplify the argument that Romney’s no better than the Wall Street guys who bet against the very paper they sold, knowing people down the line who trusted them were going to get left holding a fraction of their investments. If modern day capitalism is a healthy system distorted by bad actors, then we ought to at least create rules; for example, a separation between banks and investment firms to protect savers. And we ought to spend money to aggressively prosecute the rule-breakers. Yet the modern-day free market people resist nearly every “regulation” as an unnecessary burden (see the gnashing of teeth over Sarbanes-Oxley). How does it all shake out? That’s the conversation we should be having. Although we depend on private sector businesses to create wealth and in turn jobs, modern capitalism does not aim to create jobs. When it does, by definition it holds no preference for American jobs. And by historical reality it is certainly not creating lower-skilled jobs at (heretofore) livable American wages. It’s time for a new discussion of how the business sector can work with government not only to create wealth — which continues to vastly benefit the already-wealthy — but to build human capital and human opportunity. Would that Peter Drucker were still alive to assist with that conversation.

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Dave Johnson: Why Keep The Capital Gains Tax Break?

January 19, 2012

Mitt Romney’s ultra-low tax rate on his ultra-high income is reviving questions about the breaks and perks that the wealthiest of the 1% receive from the rest of us. One of these is a special low tax rate for investments — as if anyone needed special tax incentives to induce them to make a bundle. High Incomes At The Top How much does Romney make? We won’t know until we get a chance to see his tax returns — if we do — but Romney described his $374,328 income from speaking fees last year as “not very much.” If $374K is “not very much” of his income … well … at least we can understand why he feels he can casually make $10,000 bets as if he was just pulling a dime from his pocket. In his post What Mitt’s Taxes Could’ve Paid For (If Not For Those Cushy Tax Breaks) , Richard Eskow writes, 1,470 households made more than a million dollars and yet paid nothing — zero, zip, nada — in Federal income tax in 2009. [. . .] The top 25 hedge fund managers in the US made $22 billion in 2010. Low Taxes At The Top Mitt Romney’s admission that he probably pays a 15% tax rate shows us what is going on. For you or me, when our taxable income passes about $35,000, we start paying a 25% rate, much higher than Mitt pays on his millions on income. (That doesn’t mean we pay 25% on money up to $35K, which is what most people think. It means any additional money we make after the $35K is taxed at that higher rate rate. If we make $35,001 we only pay an increase of ten cents. That’s how tax brackets work .) Lots Of Money To Use To Attack The Deficits This special low tax rate on capital gains is sucking a lot of money out of We, the People’s ability to pay for our schools, military, infrastructure, etc, which is part of why we are borrowing so much. How much? Continuing to steal from Richard Eskow’s post , As we wrote earlier , eliminating these tax breaks would add as much as $44 billion to our bottom line in the next ten years. Or to put it another way: Ending cushy breaks for these 25 billionaires could also reduce the deficit by as much as $44 billion. Paging all deficit hawks! In 2008 the taxable income of everyone earning above $100,000 was $3.4 trillion . If we concentrate our tax reform on the upper end of that spectrum — the Romneys, not the folks in the $100-$400 thousand range — we know that every percentage point in increased collection comes out to another $34 billion per year. That ain’t chicken feed. Why The Low Capital Gains Tax Rate? The justification for a special tax rate for gains from investing capital is supposed to be to provide an incentive to invest. But there is already a really good incentive to invest: to make a bundle of cash . Piling a special “incentive” on top of making a bundle of cash creates market distortions – moving investors away from deciding where to put their money based on the value and merits of the investment and toward tax-reduction schemes. The necessary precondition for investing capital is having capital. So a tax break on the return from investing capital is by definition a break for the well-off. Here is the reality: capital gains are taxed at a lower rate because most of the income of the 1% is from capital gains, and most of the income of the 1% is from capital gains because the tax rate is lower. The “incentive to invest” should be making a good investment, period. I’ll bet you $10,000 that getting rid of this tax break helps fix the deficit, and leads to a saner investment climate. (Of course, I’m kidding, I think that is a lot of money.) This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture . I am a Fellow with CAF. Sign up here for the CAF daily summary .

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Video: Kodak to Emerge `Much Smaller’ From Bankrupcy

January 19, 2012

Jan. 19 (Bloomberg) — Don Strickland, a former vice president for digital imaging at Eastman Kodak Co., talks about the company’s bankruptcy filing. He speaks from Dallas with Andrea Catherwood on Bloomberg Television’s “Last Word.” (Source: Bloomberg)

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Video: Kodak Files for Bankruptcy Amid End of Era for Film

January 19, 2012

Jan. 19 (Bloomberg) — Eastman Kodak Co., the photography pioneer that introduced its $1 Brownie Camera more than a century ago, filed for bankruptcy protection from creditors after consumers worldwide moved from film to digital technology. Olivia Sterns reports on Bloomberg Television’s “On the Move” with Owen Thomas.

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Eastman Kodak Files for Chapter 11 Bankruptcy Protection

January 19, 2012

Eastman Kodak, the company which invented the hand-held camera, has filed for chapter 11 bankruptcy protection as it attempts to stay in business, where Citigroup agreed to provide a $950 million …

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Kodak files for bankruptcy protection

January 19, 2012

(MENAFNB) Eastman Kodak Co. said that in order to increase cash position and remain in business, the photography firm filed for bankruptcy protection under Chapter 11, reported AP. The Rochester, …

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Handful Of Americans Account For Half Of U.S. Health Care Costs

January 17, 2012

The cost of health care may have gone up for almost all Americans in recent years, but a handful of consumers are getting hit especially hard. Just five percent of Americans accounted for half of the country’s health care costs in 2009 , according to a report from the Agency for Healthcare Research and Quality. Though the findings indicate that a small share of the population is responsible for much of the country’s health care costs, the concentration right at the top is actually going down, the report found — one percent of Americans accounted for 22 percent of health care costs in 2009, down from 28 percent in 2008. Baby boomers — those between the ages of 45 and 64 — and the elderly were overly represented among the top health care spenders, the report found . Women and white Americans were additionally overly represented among the top health care spenders. Children and young adults were disproportionately represented among the bottom half of spenders. Relief from skyrocketing health care costs may be in sight. Overall health care spending as a share of the nation’s economy stabilized in 2010 , after two years of slow growth, according to a government report released earlier this month. Still, if health care spending is only stabilizing because of the sluggish economy, costs may not be slowing for good. Indeed, if current estimates prove correct, the nation’s health care spending is on track to comprise a fifth of the U.S. economy by the end of the decade , according to a July report from Medicare’s Office of the Actuary. Should that prediction prove true, it would be up from the roughly 17 percent of GDP health care spending accounted for last year. This is nothing new; domestic health care spending has been on the rise for years. In 2008, Americans spent more than three times on health care than what they spent just 18 years before , according to a Kaiser report. Health care costs accounted for more than 15 percent of U.S. gross domestic product by that time — one of the highest rates of industrialized nations. The rising cost of paying medical bills has hit Americans especially hard in recent years. The total number of Americans with health insurance fell in 2010 for the first time in decades , CNNMoney reports. All told, the number of Americans without health insurance rose to 49.9 million that year , according to Census Bureau data.

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Bill Parks: Remodeling Homeowner Incentives: A Plan to Revive the Housing Market by Replacing Mortgage Interest Deductions with Tax Credits

January 17, 2012

Almost four years after the 2008 mortgage collapse, whole neighborhoods stand empty, the construction industry is in shambles, and despite very modest improvements countless homeowners remain upside down on their loans and on the verge of default. Meanwhile, the economic recovery continues to lag. The evidence is undeniable: attempts to put an end to the U.S. mortgage crisis have failed. The Housing and Economic Recovery Act of 2008 and other measures have done little to solve the housing problem, and it’s clear that additional steps must be taken. In October, 2011, President Obama announced a new plan to encourage home refinancing inspired by Columbia University economists Chris Mayer and Glenn Hubbard (a former advisor to President George W. Bush). But even Mayer and Hubbard have expressed reservations that the plan won’t go far enough. While encouraging mortgage refinancing is a good start, it is time that we considered deeper, more meaningful reforms that would help existing homeowners, encourage prospective buyers and spur the construction, banking and real estate industries now and in the future. Exchanging the popular home mortgage tax deduction for a cashable tax credit, as Nobel Prize winning economist Joseph Stiglitz has proposed, would help us achieve these objectives. When combined with the President’s refinancing plan, it could well end the mortgage crisis once and for all. According to Stiglitz 1 : [W]e need assistance to average homeowners. We pay through our tax system nearly half of mortgage interest for the rich, but little if anything to find housing for the poor who don’t own homes. Converting our mortgage deduction to a cashable tax credit would not only be fairer, it also would help ordinary Americans to stay in their homes. For many years, economists and other experts with diverse political persuasions have supported similar proposals to substitute a tax credit for mortgage interest deductions. For example, in 1983 Senator Bob Dole introduced a mortgage bill that would substitute tax credits for deductions under certain circumstances. 2 Now is the time for Stiglitz and others to present concrete proposals. To start the discussion, the plan outlined below supports vulnerable homeowners with aid that will decrease foreclosures. Substituting a tax credit for all interest deductions may initially be expensive, but the costs would decrease over time as existing mortgage balances are reduced. Because of the continuing weakness in the economy and the support that the mortgage deduction continues to receive, existing mortgages could continue to have their interest deductible. However, all new mortgages would only be eligible for the tax credit described below. (One difficulty will be that for many taxpayers, the deductibility of mortgage interest is what fuels the taxpayer’s ability to take many other deductions instead of taking the standard deduction.) Tax Credit Proposal: 1. A refundable tax credit for 25% of interest paid on first mortgages. 25% is a middle-income rate and so will benefit everyone below that income level. Since the homeowner will not need to itemize to get the refund, it will benefit all homeowners, not just those that itemize deductions. The credit provides relief for all homeowners without further interference in mortgage contracts, but does not inhibit other measures to provide additional aid for at-risk homeowners. The 25% credit is a compromise between those who pay the highest tax rates and those who either pay no taxes at all, or pay taxes at a low rate. Suggestions for credit instead of deductions have been common, but increasing the credit percentage with strict limits may be a better alternative. 2. Maximum annual credit of $5,000. This credit will provide for a subsidy for all homeowners and particularly for those with less than20,000 per year in interest payments. The subsidy could almost equal payments for three months per year. If the interest rate were 5%, the mortgage total could be up to400,000. The5,000 limit reduces tax incentives for the largest homes and promotes more responsible home ownership. Even with a lower maximum credit, such as4,000, homeowners would receive substantial assistance. 3. Homeowners could apply for the credit to be paid directly to the lender, thereby reducing their monthly mortgage payments by almost 25%. If the credit is made available for the 2012 calendar year, a significant percentage of at-risk homeowners could avoid foreclosure because some of the interest for the year has already been paid or accrued. Paying the credit directly to the mortgage holder would assure that the credit is only used for mortgage payments. Arrangements could be made to pay the credit directly to the mortgage holder as it is accrued as long as the remaining balance is being paid by the homeowner. 4. Homeowners with existing mortgages would have the option to either keep their income tax deduction or convert to the tax credit system. Over time, this would reduce the percentage of the tax expenditure that supports the most expensive houses. It also rewards middle and lower income borrowers that presently receive little or no benefit from interest deductions. 5. For those that advocate scrapping the deduction altogether, future inflation will reduce the maximum value of the deduction unless the maximum is indexed for inflation. This system could assist anyone with mortgage payments, but it would especially help homeowners with recent mortgages in which the monthly payments go mostly to interest and little to principal. Though not a complete solution, the tax credit would provide benefits to all income groups and maximum benefit to middle- and lower-middle-class homeowners. It targets the benefits towards those who own homes but either do not itemize deductible expenses or are not in a high tax bracket. It is simple to set up and does not require modifying terms of existing mortgages. Converting the mortgage interest deduction to a tax credit would make sense at any time, but it is particularly urgent in the present economic climate. This program, unlike the current interested deduction, will encourage home ownership for those with middle and lower incomes. No longer will most benefits go to those who need them least. 1 Joseph A. Stiglitz, “A Chance to Improve Bailout,” USA Today, September 30, 2008. 2 “Its proponents say that by giving the tax credit directly to the home buyer, the measure could save the Treasury about $600 million. With the mortgage-subsidy bonds, which are tax-exempt and therefore reduce Treasury revenue, much of the tax benefits go to investors in the bonds and financial intermediaries such as banks and lawyers. The Reagan Administration, however, reflecting apparent recognition of the bonds’ popularity, has said it would support the Dole proposal, with some changes, if it were the only alternative to repealing their use.” NY Times , September 18th, 1983

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Stuart Muszynski: Compassionate Capitalism: America’s Easy Button?

January 17, 2012

In the recent Republican debates as well as across the airwaves, in blogs and in print, questions have been raised about Mitt Romney’s record of job creation, job elimination and the rightful balance between both. Some conservatives have debated the wisdom behind Newt Gingrich, Rick Perry and Rick Santorum questioning Romney’s record because they say raising such questions is an attack on the free market system. They worry that, politically, it plays into the hand of Democrats and their stance on wealth creation, economic balance and government regulation. It seems to me that these kinds of questions about presidential candidates are not only appropriate, but necessary. Neither red nor blue, they are legitimate questions that rightly examine how business practices conform to America’s values and the expectations most Americans have of business. In fact, I wonder how we can have a useful and legitimate debate about the future of our nation without addressing such questions? Let’s not forget that before the economic meltdown of 2008-09 there was first a values meltdown in our government and in our banking and financial industries. What do I mean by a values meltdown? In my conversations with CEOs across America, many have observed that prior to the financial collapse there was, in many industries, an arrogant and immediate self-interest — an “I’m-in-it-for-myself” attitude — that trumped concern for consequences to others and to the greater good, whether it was the future good of the company or the nation, of customers or co-workers. I believe as much in freedom of markets as I do in freedom of speech, but how can we address the financial meltdown and re-imagine a better America without addressing both the greed that is essential to free markets and its potential to corrupt? Is the greed allowable by “anything goes” capitalism any more acceptable or sustainable than other addictions or damaging behaviors, say firing guns in the air or yelling fire in a crowded theatre? Certainly, we condemn and restrain that kind of reckless behavior. I see this debate in the same light, not as an attack on capitalism or on the character of any candidate, but as part of the ongoing national conversation about what’s important to us as Americans. History shows us that, when the behavior of individuals or businesses doesn’t conform to America’s values, it will be regulated. That’s because, while America has strong economic values and motivations, it is a nation comprised of individuals who also have strong social values and commitments. Freedom and equality are enshrined side-by-side in our Declaration of Independence, compelling us to continually engage in a national discussion about how to balance these values. The best way, then, to foster free markets is for American business to voluntarily conform to America’s social values, making the case for regulation moot. Many companies do that today – perhaps even the vast majority. And for some, it is a part of their American tradition. Six decades ago, Dave Packard, co-founder of Hewlett-Packard, established his company’s core values, declaring that, “The real reason HP exists is to make a contribution, to improve the welfare of humanity.” Today, the J.M. Smucker Company’s co-CEO Richard Smucker believes that his company’s purpose in business is to help families, neighbors, and the community — in short, to do the right thing. In fact, he believes that profit comes as a result of doing the right thing. He calls this philosophy “purpose before profits.” In order to have a useful debate about America’s economy and a presidential candidate’s history and position, we need to be able to freely discuss these issues without being branded as unpatriotic or disloyal to our nation or any political party. The discussion needs to be characterized as what it is: not an attack on capitalism but on ruthlessness that does not conform to our country’s values. At the same time, we also need the media covering these events, and all of those commenting on them, to show us a complete picture, not a skewed one. While Bain Capital closed plants and laid-off workers at some companies, didn’t it also expand jobs at others and help to improve communities? Aren’t many of its other companies — take Staples, Inc., for example — flourishing and serving as good examples of compassionate capitalism ? We need everyone involved in the American conversation, including media, to accurately portray the entire picture. When they don’t, the end result is that a significant portion of Americans do not believe that many or most businesses and CEOs mirror good values, lift up their employees and help to deliver on our hopes and dreams. The end result is what we are seeing today — a polarized nation undergoing a kind of class warfare, where groups such as Occupy Wall Street gain traction by pitting “the 99%” against “the 1%.” The antidote is readily available. If we occupied our values, we wouldn’t have to Occupy Wall Street. No matter where we look, we can’t get away from it: freedom requires responsibility. Personal freedom requires personal responsibility, and free markets require responsible capitalists, including responsible, profit-making mega-media enterprises, journalists and commentators. It isn’t always easy, but it is just that simple. Much easier would be to slip back into the narcissistic and myopic practices that caused the Great Recession, but America’s values can show us a better way. That way starts with individuals and leaders having the ethical framework and character to balance freedom with responsibility and economic growth with goodness. To see a list of America’s shared values, as determined by almost 1,000 on the street interviews, go to www.Purpleamerica.us

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Just A Short-Term Trend? Electric Plants Shift From Coal To Natural Gas

January 16, 2012

PITTSBURGH — The huge, belching smokestacks of electric power plants have long symbolized air pollution woes. But a shift is under way: More and more electric plants around the nation are being fueled by natural gas, which is far cleaner than coal, the traditional fuel. The most optimistic projections describe an abundant domestic energy source that will create enormous numbers of jobs and lead to cleaner skies. Nationwide, the electricity generated by gas-fired plants has risen by more than 50 percent over the last decade, while coal-fired generation has declined slightly. The gas plants generated about 600 billion kilowatt hours of electricity in 2000 and 981 billion hours in 2010, according to the U.S. Energy Information Agency. During the same period coal generation declined from 1,966 billion hours to 1,850 billion hours, while hydroelectric and nuclear generation stayed about the same. The figures include electricity use by consumers and industry. Nationwide, EIA said natural gas use for power generation rose 7 percent between 2009 and 2010. That’s about 515 billion cubic feet. The biggest jumps were in the Southeast, with use rising 24 percent in North Carolina, 18 percent in Virginia and 15 percent in South Carolina. “Most of the people I know in the electric power industry are building natural gas” plants, said Jay Apt, a professor of technology at Carnegie Mellon University in Pittsburgh. That’s because of low prices over the last few years and the relatively low cost of building such plants, compared with coal-fired or nuclear. But Apt cautions that the trend could stall because the basics of supply and demand mean that if too many plants embrace cheap gas, it won’t stay cheap. “The surest route to $6 or $8 gas is for everybody to plan on $4 gas,” Apt said, and if prices do rise, coal will again be the most cost-effective fuel. Natural gas is priced per million BTU. Apt noted that there was a “huge building boom” in natural gas plants from the late 1990s to 2004, because utilities thought they would get rich from the combination of cheap fuel and plants that were highly efficient and relatively cheap to build. There were predictions that prices would stay low over the long term, too. But natural gas prices spiked, and the new gas-fired plants around the nation stayed idle much of the time. That trend was also driven by another irony: The gas-fired plants are easier to start and stop compared with coal or nuclear, so many utilities used them just for peak electric demand periods. Still, history may not repeat itself because of the huge surge in supply from Marcellus Shale gas drilling. Vast gas deposits that previously couldn’t be extracted economically are now being tapped using new technologies. Instead of drilling straight down, companies can drill horizontally and follow seams of gas for a mile or more deep underground. Then the drillers use hydraulic fracturing, or “fracking,” to free the gas from the relatively dense shale rock. That’s led to environmental concerns from some residents, scientists and regulators who feel there are too many unknowns in the process, along with an undisputed boom in production that’s brought great wealth to some landowners, and a surge of jobs. Some companies clearly believe the switch to natural gas plants makes long-term sense. Sunbury Generation LP in central Pennsylvania plans to close five of its six coal-fired generators and replace them with two natural gas-fired turbines by 2015, the Daily Item reported last month. But some companies are deciding not to switch fuels. The owners of the Homer City Generating Station in western Pennsylvania, the state’s second-largest coal plant, plan to add $700 million in pollution control equipment to keep the 40-year-old plant running and in compliance with clean air laws. Natural gas-fired power plants are “orders of magnitude cleaner” than coal plants, said Jan Jarrett, president of the PennFuture environmental group. Jarrett said PennFuture wants coal-fired units retired and replaced by gas-fired, at least for the short term. “There’s no way that we can scale up wind and solar to meet the demands over the near future,” she said. “Gas itself is a much cleaner burning fuel that can help clean up our air.” But Apt sees a slow, moderate shift. “My sense is you’ll get small changes here,” he said, since the current low natural gas prices are attracting market demand from around the world. There are already federal permits for 3 trillion cubic feet per year of natural gas exports, Apt said. “Will we export that bounty, and if we do, will that drive up U.S. prices,” he said. Natural gas sells for about $8 in Europe and $14 in Japan, but less than $4 here. “They’re not going to tear down the coal plants, because they’ve seen this movie before,” Apt said of electric companies. “They will mothball those plants and start up the coal plants again” if natural gas prices rise.

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Markets Shrug Off Standard And Poor’s Latest Downgrades

January 16, 2012

LONDON — European markets responded calmly to Standard & Poor’s decision to cut the credit ratings of a number of euro countries as France managed to tap bond market investors Monday despite the loss of its cherished triple-A rating. The downgrades, which were based on concerns over Europe’s ability to handle its two-year debt crisis and the lack of economic growth, had been anticipated for weeks so the market impact was muted, especially since the U.S. is on holiday for Martin Luther King Jr. Day. Europe is set to remain the focus of attention all week as a number of bond auctions are due and Greece tries to clinch a debt deal with its private creditors. Last October, Greece’s partners in the eurozone sanctioned a deal whereby Greece’s creditors agree to take a cut in the value of their Greek bond holdings to help lighten the country’s debt burden. The deal with private investors, known as the Private Sector Involvement, or PSI, aims to reduce Greece’s debt by euro100 billion ($126.5 billion) by swapping private creditors’ bonds for new ones with a lower value. It is a key part of a euro130 billion international bailout, the second one for Greece. It is expected that talks on the PSI will resume this coming week after being abandoned last Friday. On Tuesday, representatives of Greece’s creditors – the European Union, the European Central Bank and the International Monetary Fund – will visit Greece for yet another round of inspections of its efforts at fiscal and structural reform and negotiations for the next tranche of money, the seventh, from the first bailout. Without a deal with its private creditors, Greece has been told it won’t get the seventh tranche. Without that, Greece would be unable to pay a big bond redemption in March and face the prospect of defaulting on its debts, potentially triggering more mayhem in financial markets. Gary Jenkins, a director of Swordfish Research, reckons the Greek debt restructuring poses more risks to the markets in the short-term than S&P’s decision to strip France of its cherished triple A credit rating or to downgrade eight other euro countries, including Italy. “The progress or otherwise of these negotiations will probably dictate how the market trades over the next few weeks,” said Jenkins. Greece’s Prime Minister Lucas Papademos insisted in an interview with CNBC that a deal will be hammered out. “Some further reflection is necessary on how to put all the elements together,” he said. “So as you know, there is a little pause in these discussions. But I’m confident that they will continue and we will reach an agreement that is mutually acceptable in time.” While investors awaited developments, markets were trading modestly higher especially after France easily sold short-term debt to investors in the first auction since Standard & Poor’s stripped the country of its top tier rating. Meanwhile, there was further good news in the bond markets as yield on France’s ten-year bonds was falling back toward the 3 percent mark, which is well within what is considered manageable. In stock markets, France’s CAC-40 closed 0.9 percent higher at 3,225 while Germany’s DAX rose 1.3 percent to 6,220.01. The FTSE 100 index of leading British shares ended 0.4 percent higher at 5,657.44. The euro was also steady, up 0.2 percent at $1.2675. On Friday, it had fallen to a 17-month dollar low of $1.2623 as speculation swirled in the markets of S&P’s downgrades. Earlier in Asia, markets responded more negatively to the S&P downgrades, which were confirmed after U.S. and European markets had closed on Friday. Asian markets had already closed by the time speculation of the downgrades emerged. Japan’s Nikkei 225 index slid 1.4 percent to close at 8,378.36 and Hong Kong’s Hang Seng lost 1 percent at 19,021.20. South Korea’s Kospi dropped 0.9 percent to 1,859.25. In mainland China, the Shanghai Composite Index lost 1.7 percent to 2,206.19, while the smaller Shenzhen Composite Index dropped 3.3 percent to 818.17. Almost 70 companies plunged the daily limit of 10 percent. In the oil markets, traders are fretting over simmering tensions in the Middle East and Nigeria – benchmark oil rose $1 to $99.70 per barrel in electronic trading on the New York Mercantile Exchange. ____ Pamela Sampson in Bangkok contributed to this report.

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Theodore R. Daniels: New Year’s Resolution: Take Charge of Credit/Debt Management

January 13, 2012

The new year provides the opportunity to improve your credit worthiness. Credit is one of the primary engines that runs the American economy and households. It gives individuals, corporations, the government and other organizations the ability to buy goods and services today, but pay later. One must understand, however, that when you borrow money, you are giving up the use of money you will earn in the future. As you begin the new year, here are some things you should be aware of when managing credit and debt: A. Debt-to-limit ratio. The debt-to-limit ratio is used to determine how well you manage your credit card debt. You should not charge more than a third of the limit of your credit card and definitely no more than 50 percent of the limit. This computation can be made by dividing your credit card loan limit into your outstanding balance. You may ask why does this matter. In the computation of your credit score, the amount of credit used against your credit card limit affects your score. A key factor in computing your credit score is your outstanding debt. In fact, 30 percent of your credit score is driven by the level of your outstanding debt. This means that as you reach the limit on your credit card loans your credit score decreases. B. Debt-to-income ratio. The debt-to-income ratio is calculated using your net take-home pay and total monthly debt payments, excluding rent/mortgage. Your total monthly debt payments, excluding rent/mortgage, should not exceed more than 20 percent of your net take-home pay. This is calculated as follows — divide your net take-home pay into your total monthly debt payments (car loans, student loans, credit cards, consumer loans and other personal loans). If the result is 20 percent or less you are fine; however, if the result is above 20 percent, you have too much debt. As a result, your chances of acquiring new debt are limited. You should begin to immediately liquidate your outstanding debt by increasing your monthly payment on the lowest balance account until complete liquidation; then use the amount previously used to liquidate the first loan to increase the monthly payment on the next lowest outstanding loan balance. This should be continued until you have brought your debt-to-income ratio down to 20 percent or below. Of course, you also can use tax refunds, bonuses and other unexpected income to liquidate your loans to improve your debt-to-income ratio and credit score. If you are already debt laden, there are options to use for debt relief. You may seek the services of a non-profit credit counseling agency — The National Foundation for Credit Counseling has offices and affiliates in most cities located throughout the United States. Non-profit credit counseling agencies may suggest that you establish a debt management plan. With a debt management plan the agency will negotiate with your creditors to lower monthly payments and possibly lower your interest rate, which will enable you to consistently make timely monthly payments using your current income. However, you may be able to create your own debt management plan by calling your creditors to work out new payment arrangements that you can afford and pay consistently. Another option is debt settlement where the creditor agrees to allow you to pay less than the amount outstanding. This option is not one that I would recommend because it has a major impact on your credit score. In fact, your credit score could decrease by more than 100 points. This occurs because you did not make the full payment of the loan as agreed. Moreover, debt settlements remain on your credit report for 7 years. The last option is bankruptcy. This is the most serious option available because of the impact it has on your credit history. Chapter 7 bankruptcy normally allows you to walk away from most debt and prevent garnishment of your wages. Chapter 13 bankruptcy sets up a plan to repay all outstanding debts in full over a 3- to 5-year period. These actions can stay on your credit report up to 10 years. You want to keep in mind the importance of maintaining good credit and debt management as both will allow you to have greater access to credit when needed. But more importantly, it gives you the advantage of acquiring any new loans at lower interest rates, which decreases the outflow of your household income. Make a commitment this year to pay your bills on time, reduce your outstanding debt, charge less than the maximum on your credit cards, only apply for credit when needed and do not use credit to satisfy a want. Theodore R. Daniels is the Founder and President of the Society for Financial Education and Professional Development (SFEPD) . Founded in 1998, SFEPD is a non-profit organization whose mission is to enhance the level of financial and economic literacy of individuals and households in the United States and to promote professional development at the early stages of career development through mid-level management.

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America’s Backward Recovery Picks Up Steam

January 13, 2012

The U.S. recession may have ended in June 2009, according to the official arbiter of the business cycle. But by all signs, the recovery is just beginning.

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Krugman: Businessmen Don’t Have Any Special Insight Into Crafting Economic Policy

January 13, 2012

“And greed — you mark my words — will not only save Teldar Paper, but that other malfunctioning corporation called the U.S.A.” That’s how the fictional Gordon Gekko finished his famous “Greed is good” speech in the 1987 film “Wall Street.” In the movie, Gekko got his comeuppance. But in real life, Gekkoism triumphed, and policy based on the notion that greed is good is a major reason why income has grown so much more rapidly for the richest 1 percent than for the middle class.

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Drug Giant So Cut Thousands Of Jobs

January 13, 2012

GENEVA — Swiss pharmaceutical company Novartis AG says it is cutting 1,960 jobs in the United States this year. The drug maker says the job cuts will affect 1,630 sales positions in the field and 330 posts at its U.S. headquarters in New Jersey. The Basel-based company says the restructuring is necessary because of the expiry of its patent for the best-selling hypertension drug Diovan and the failure of a clinical study into another hypertension drug Tekturna. Novartis said in a statement Friday that the restructuring would save $450 million a year after an initial charge of $160 million. It said a reassessment of the future sales potential of Tekturna, which is known as Rasilez outside of the U.S., will result in an exceptional charge of $900 million.

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The Possible Winners Of A Plan To Slash Greece’s Debt

January 13, 2012

* Funds positioned for talks to succeed or fail * Part bank-owned funds among the players * Size of fund holdings may derail deal By Tommy Wilkes and Sophie Sassard LONDON, Jan 12 (Reuters) – Hedge funds are positioning to profit from a plan to slash Greece’s towering debt pile as Athens enters final talks that could sway the country’s membership of the euro. York Capital, the $14 billion fund part-owned by Swiss banking giant Credit Suisse, New York-listed Och Ziff , and $10 billion-strong Marathon Asset Management are among those who collectively may have built up sufficiently large positions to scupper the bailout deal, several sources close to the debt restructuring told Reuters. The deal asks creditors to voluntarily write down 50 percent of the notional value of their bond holdings. But hedge funds may opt out, hoping that Athens will let them get away with it to save itself political embarassment. “I think we’ll hold out. People are so slow in Europe and by the time they’ve got everything in place logistically this might be the one window where investors might be paid back in full,” said one hedge fund manager who owns Greek bonds. The stakes for Greece are high. Without the deal, the international lenders will not bail Athens out a second time, which means it will likely default around March 20, when a 14.5 billion euro bond falls due. But hoping that Greece will pay out after all looks increasingly like a dangerous strategy. According to three senior euro zone sources on Thursday, the country is likely to force all creditors into the deal. “Unless these guys are all teaming up and getting a really good law firm, I still think it’s going to be touch and go,” said one of the sources close to the talks. “I think politically it would look bad for the Greeks and the Europeans to let (a payout to hedge funds) happen… This is the exact thing the official sector hates.” Funds that have bought credit insurance on the bonds they own could gain by staying away however, if the changing of Greek bond contracts would be seen to amount to a default and trigger Credit Default Swaps (CDS). BETS ON BAILOUT? Reuters spoke to thirteen sources including hedge funds, advisors and sources familiar with current Greek debt trading, but they declined to reveal details of their strategy in the Greek debt restructuring. New York-based York Capital Management, part-owned by Swiss banking giant Credit Suisse, is among the funds to have bought Greek debt, two of the sources said. One source familiar with the firm said it owned a chunk of a Greek bond maturing in March, and was betting there would be a last minute bailout for the country. Och-Ziff Capital Management, the $28 billion fund founded in 1994 by Daniel S. Och, also has a position in Greek bonds, three sources said. Och Ziff and York declined to comment. Many funds have followed a more traditional strategy of buying the Greek bonds at distressed prices from banks keen to get the toxic paper off their books. This means that these funds might sign up to the deal, if the terms on offer are better than the price they paid for their bonds. Others might hold out, hoping enough creditors will do the same and enabling them to exact a better payout from Greece. Some 206 billion euros of Greek debt is in private hands, but it is unclear how much of that is owned by hedge funds. Up to 25 percent of private creditors have not been identified, according to one source close to the talks. DECADES OF EXPERIENCE Other firms with an interest include Madrid-based Vega Asset Management, which resigned from the committee representing private creditors in talks over the bailout last year. Founded in 1996 by former Banco Santander star trader Ravinder Mehra, Vega was once among Europe’s largest hedge funds, managing close to $12 billion before suffering outflows. Vega declined to comment. Two New York-based funds with decades of experience profiting from buying distressed debt are also involved. One is Marathon Asset Management, a member of a private sector creditor-investor committee negotiating with Greece. A $10 billion credit focused fund run by Bruce Richards, it has an emerging markets credit team which specialises in distressed corporate and sovereign debt. The other is Greylock Asset Management. It is headed by Hans Humes, who represented some $40 billion of creditor holdings during Argentina’s record-breaking restructuring, and now sits on the steering committee. Funds who have bought Greek debt in the last few months are likely to have paid anywhere between 20 and 45 cents on the euro, depending on the maturity. By signing up to the deal, which is for a 50 percent haircut, they would still make a profit.

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Big Bank’s Profit Plunged Last Quarter

January 13, 2012

NEW YORK — JPMorgan Chase’s income fell 23 percent in the fourth quarter of 2011 after the bank set aside a large sum for litigation reserves and its investment banking income declined. The largest bank in the nation said Friday it earned $3.7 billion, or 90 cents per share. The results fell short of the 93 cents per share estimated by analysts surveyed by FactSet. Revenue fell 17 percent to $22.2 billion. For the full year, JPMorgan Chase & Co. posted record net income of $19 billion, compared with $17.4 billion in the prior year. The New York bank set aside $528 million for additional litigation charges in the quarter, the latest sign that the banking industry is still dealing with the fallout from poorly-written mortgages from years past. Volatility in stock and bond markets caused by Europe’s debt crisis also hurt JPMorgan’s investment banking business. Fees declined 39 percent to $1.1 billion. Debt underwriting fell 40 percent, and stock underwriting fell 65 percent. JPMorgan also had to book a loss of $567 million loss from an accounting rule that applies to the value of its own corporate debt. Because the value of its debt rose in the fourth quarter, the bank would theoretically have to pay more to buy it back in the open market. When that happens, accounting rules require that the bank record a charge against earnings. Corporate bond prices recovered in the fourth quarter after declining sharply in the third quarter. In another sign that American households are becoming more stable financially, JPMorgan said more credit card customers have been paying their bills on time, leading to lower losses for the bank. JPMorgan was able to take a profit of $730 million by reducing its loan reserves set aside for credit card defaults. That was good news. As the largest bank in the country serving 50 million customers, JPMorgan’s results provide a pulse for how well the U.S. economy is performing. JPMorgan’s stock fell 2.3 percent to $36.01 in pre-market trading.

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Edward Goldberg: Romney and His European Straw Dog

January 13, 2012

President Obama’s strategy to let the Europeans take the lead in confronting Gaddafi, a plan strongly criticized by Governor Romney, was brilliant and successful. The strategy was based on the question any experienced business leader or investor would ask: who has the most skin in the game? In the Euro crisis, which Angel Merkel describes as Europe’s most difficult hour since World War II, America definitely has a substantial amount of skin in the game. Yet strangely, Governor Romney is now campaigning on a blatantly and simplistically anti-European platform. For the Romney campaign, Europe has taken over from China as the punching boy that represents the foreign other. In reality, to say or suggest that Europe has nothing to do with the American economy or American job growth is to live in pre-globalized fantasy land. The European Union is the United States’ largest trading partner, with $240 billion of U.S. goods per year going to Europe as of 2010. By comparison, the United States in 2010 exported approximately $92 billion of products to China. The trans-Atlantic economy, the trade-linked economy of the European Union and the United States, is the largest bilateral economic relationship in the world. In terms of services, as well, the European Union is the number-one export market for the United States. However, the trade figures don’t even demonstrate fully the hundreds of thousands of U.S. jobs that are European-Union-dependent, whether it is the thousands of people working in European banks on Wall Street; in the pharmaceutical companies in New Jersey; in the BMW factory in Spartanburg, S.C., with its 2010 investment of $750 million, which made it the largest car factory in the United States by number of employees; for Siemens, with its 60,000 employees; or for Volkswagen, which, after investing over $1 billion, completed in May a plant in Tennessee that will produce 150,000 cars per year. In fact, 70 percent of job-creating foreign investment in the United States comes from Europe. If one draws back the curtain further, beyond jobs, there is the issue of trade and finance. Aside from the fact that a large percentage of U.S. commodity exports are done via increasingly difficult-to-obtain letters of credit that are supported by European banks, U.S. banks possibly are sitting on a pyramid of undisclosed so-called “balanced risk” on debt issued by European Union countries. Exposure by six major American banks to credit default swaps (CDS) on Italian debt alone, for example, may be as high as $200 billion. Overall, U.S. banks may hold two thirds of the total euro-debt, CDS outstanding. The euro crisis went into remission during the Christmas season, but it is soon to come back in full force. In March Greece faces a redemption cliff: if the €130 billion promised to it by the Troika as per the July 21 bailout is not delivered by then, it is game over — first for Greece, which will default; then for the European Central Bank, which will be forced to write down holdings of Greek bonds, in effect wiping out its equity and credibility; and lastly, for the eurozone, which will see a core member leaving (in)voluntarily. And to make the circle complete and more frightening, the European Union is China’s largest trading partner. If China slows down economically (which is currently happening), there will be significant ramifications. The euro crisis is more important to the day-to-day, immediate future of the United States than are the Russian and Egyptian elections or the hegemony of China. The European Union’s economy and the economy of the United States are explicitly interlinked. And if Europe is caught in an economic vice, so will the United States. American banks understand how linked the European economy is to that of the United States; the New York Stock exchange certainly understands it, as does the Fed. But for whatever reason, Governor Romney, who should know better, prefers to use the euro crisis as a campaign vehicle to appeal to the most xenophobic part of the electorate. The problem, of course — and it is a problem Romney will have to deal with on many issues — is this: if he is elected, how will he be able to lead on the European issue after he has continually miseducated his electorate?

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Foreclosure Filings Fell Steeply In 2011, Little Consolation For Struggling Homeowners

January 12, 2012

Foreclosure filings fell dramatically last year, according to a report released Thursday. Several prominent economists said the news was a sign that the housing market could be stumbling toward recovery. “There’s light at the end of this very dark tunnel,” said Mark Zandi, chief economist at Moody’s Analytics. But don’t break out the champagne just yet. Zandi explained that there’s still a mountain of foreclosures to work through. And there are millions of Americans living in limbo, reeling from the lingering affects of the housing crisis and waiting to see if they will lose their homes. The number of homes with foreclosure filings plunged 34 percent to 1.89 million in 2011, according to RealtyTrac, a real estate site that tracks such filings. Total foreclosure activity was at its lowest yearly level since 2007. “This long, painful correction is not over yet, but probably mostly behind us,” said Jared Bernstein, senior fellow at the Center on Budget and Policy Priorities and a former Obama administration economic adviser. “There was a time when housing was driving the economy down. We’re more in a situation where the economy is driving housing down.” It is difficult to “achieve economic liftoff” until house prices hit bottom, Bernstein added. Though there is still downward pressure on housing prices, “we are getting closer to digging our way out.” The decline in foreclosures was mainly due to banks’ hesitance to foreclose on homeowners in the first half of the year, as the so-called robo-signing crisis played itself out, said RealtyTrac chief executive Brandon Moore in a statement. By the end of 2011, he said, that had changed. “There were strong signs in the second half of 2011 that lenders are finally beginning to push through some of the delayed foreclosures in select local markets.” Zandi noted that the number of 30- and 60-day delinquencies has fallen substantially and that demand for homes is starting to grow, but added that it still will take four to five years for the housing market to become “well-functioning” again. That’s a long time for the 1 in 5 homeowners who remain underwater on their mortgages, owing more than their houses are worth. Many homeowners are in limbo as banks try to determine whether to offer modifications on their loans or foreclose on them. Some experts said that the number of foreclosures has declined because there simply are fewer delinquent homeowners. Banks have been slow to offer loan modifications because the mortgage servicing operations were set up like remote call centers, and banks have to organize the paperwork, said Dean Baker, co-director of the Center for Economic and Policy Research, adding that recently they have become more willing to facilitate modifications, lowering the number of foreclosures. Banks have realized that they may not make much money selling a foreclosed home in a depressed housing market, he said. It is helpful for families to be able to spend more time in their homes as banks delay foreclosure since they can find decent alternative living arrangements in the meantime, Baker said. “If you’re living out of your car, you may end up losing your job,” he said. “You come to work not having showered.” Servicers have been slow to foreclose because they are not timely in processing anything, said Diane Thompson, a lawyer at the National Consumer Law Center. There could be a double dip in the foreclosure crisis as banks step up foreclosures in 2012, she said. For homeowners in limbo, “it’s extremely emotionally stressful,” Thompson said. “Lots of people lose their jobs, and marriages fail … The fees will continue to mount … Delay makes a loan modification harder to get for most homeowners because it makes it more expensive.”

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To Build Longest Floating Bridge, Washington State Tolls Route 520

January 12, 2012

Seattle and its suburbs are divided by Lake Washington, a 33.8-square-mile remnant of the ice ages. The lake presents a formidable obstacle to would-be bridge builders. It is too deep, and its bed too soft, to be spanned by a normal bridge. So almost 50 years ago, Washington state opted for a bridge that floats — a 7,578-foot monster of a bridge on pontoons. Now, as the bridge nears the end of its design life, the state is building a brand-new replacement floating bridge. At 7,710 feet , it will be even longer than the old record holder. A single one of its hulking concrete pontoons will be as long as a football field and weigh as much as 23 Boeing 747 jets. A rendering of the new bridge. “It’s a world-class project,” said Craig Stone, toll division director for Washington’s Department of Transportation. But a world-class project comes with a world-class price tag: $2.4 billion just for the bridge and associated work. To pay for all that, the state is relying on tolls, the first on the Route 520 bridge since 1979, to raise $1 billion. The tolls, said Stone, are “essential to our funding package.” They will also serve as a high-profile test of congestion pricing, which economists say could redefine the way Americans commute by offering motorists the chance to pay more for a quicker drive. Before the tolls were instituted, the 520 was often congested. The tolls on the Route 520 bridge will also show whether such “user fees” can help dig America out of its infrastructure hole . If the tolls succeed, they will be another step on the road toward redefining transportation infrastructure not solely as a public good to be paid for by all but as a scarce good like any other to be purchased on the market. Drivers “are responding to those price points, definitely,” Stone said. According to the transportation department, traffic overall is down 40 percent (the state had guessed a 38 percent decline), but commute times are faster. All that rational response to price signaling might elicit a smile from a free market enthusiast like Milton Friedman ( who proposed an early version of congestion pricing in 1951 ) or the Bush administration’s Department of Transportation ( who provided critical funding to institute it in the Seattle region ). Mobile phone app developers have even gotten in on congestion pricing act — a development that Stone wryly referred to as an example of the state DOT “spurring private innovation.” Gabe Brown is the developer of 520 or 90 , one of two apps that use real-time traffic and toll pricing data to help drivers weigh the costs, in time and money, of taking either the Route 520 or the I-90 span, a untolled floating bridge to the south to destinations on both sides of the lake. Thousands of people have already installed his app to help them make the call, Brown said, adding, “The bulk of our users are preferring to save money right now.” Over the course of a month, paying more to take the Route 520 bridge would save the average user eight hours of travel time a month , he said. “If you take 90, the slower route but cheaper, you’ll save $90 — the equivalent of dinner for two at the Space Needle. So it’s kind of an interesting trade-off that people take,” Brown said. But some worry that if tolls and other “user fees” fix our highways, the low-income drivers who can least afford them will get hurt the most. “The standard story is they’re regressive,” said Robert D. Plotnick, a professor at the University of Washington’s Evans School of Public Affairs. “Because if you look at the people who use the bridge, by definition when you pay the tolls, it takes a higher portion of your salary if you’re poor than if you’re rich,” But in the case of the Route 520 bridge, at least, low-income Seattleites won’t be hit very hard, according to a paper by Plotnick backed by funding from the state’s transportation department. Very few low-income people, only 1 percent of those in the region, take the bridge. And Washington state’s tax structure is “one of the most regressive in the country,” said Plotnick, so tolling is better than other ways the bridge might have been paid for, at least in the absence of more federal dollars. Plotnick cautioned the same conditions might not hold for Atlanta or Los Angeles. “These findings are really specific to Puget Sound,” he said. “It really depends on the local characteristics — where the poor live, where they work.”

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We Watch Newt’s ‘King Of Bain’ Attack On Mitt So You Don’t Have To

January 11, 2012

When Newt Gingrich made clear that he was going to respond to getting constantly slagged by Mitt Romney’s super PAC-funded attack ads in Iowa, Lord only knows that Gingrich had plenty of options. He could knock Romney for innumerable flip-flops as he’s pandered his way through his political career, telling whatever audience he was standing in front of what he thought they wanted to hear. He could tar Romney as the man who provided the vital DNA for the Affordable Care Act that all GOP candidates are required to abhor and vow to repeal, despite the sunnier disposition toward Romney’s health care achievement in 2008. He could fillet Romney for being a conservative apostate — he didn’t merely run in a leftward direction in order to win the Massachusetts statehouse, he assured voters that he would be a moderating influence on the Republican Party, dragging the platform in a more liberal direction. Indeed, at various times, Gingrich has fired shots at Romney, mining these areas and others in an attempt to tear him down. But what no one could have possibly expected — and, judging from the reactions of conservatives, which I would describe as “mortal terror” — what no one on the right could have possibly wanted , was for Gingrich to launch an all-out assault on Romney’s Bain Capital roots, and eviscerate the candidate for being a predatory capitalist. But that is exactly what Gingrich has done, and done with astounding thoroughness, by acquiring the rights to a 28-minute attack documentary that’s come to be known as “King Of Bain.” Made ” by former Romney supporters ,” the result is a potent polemic — combining Ken Burns’ style, the darkness of the “Daisy” ad, and a bottomless reservoir of immutable rage — that paints Romney as a dark-hearted, vicious-minded, boodle-craving technocrat-privateer. It very trenchantly depicts the lives of ordinary people faced with declining job prospects and mounting expenses. It decries the indifference of Romney’s brand of capitalism, and puts a human face on income inequality. If you wanted to mount an argument against corporate personhood on the grounds that a corporation cannot have a moral compass, this will do the trick. In fact, if you screened this before an Occupy encampment, it would almost certainly draw a thunderous ovation. And if you are a GOP strategist, hoping to reclaim the White House in 2012, that’s the problem. Rather than assail Romney in the ways you would expect a conservative to do so during a presidential primary, Gingrich has jumped ahead of the process and grabbed the very argument that Democrats would have happily made to swing voters, and aimed it right at the GOP base. If we assume that Romney is the eventual nominee, then Gingrich and his super PAC, Winning Our Future, have saved the DNC and the Obama campaign a whole lot of time and money. And the attack has now forced Republicans to stand in defense of a specific form of predatory capitalism . Mind you, they’re all for that particular form of predatory capitalism! But they don’t enjoy having being made to defend it publicly, in an election year. Let me briefly describe this video addendum to the Marx-Engels Reader that Newt Gingrich has made, for America. Lights up on a shot of sky, clouds billowing, piano tinkling wistfully. The camera switches to generic depictions of industry and thrift as a voice-over narrator assures us that “Capitalism made America great” and has been a part of “American dreams.” Yes, for as long as we can remember, there has been stock footage attesting to this, and a lot of it is in this movie. But in the wrong person’s hands, we are told, “some of those dreams can turn into nightmares.” Sudden percussion sound and a dark filter? Yep. Sudden percussion sound and a dark filter. Clouds blacken, as the narrator calls out Wall Street raiders, enriching themselves at the expense of American workers. Those seamy Wall Streeters, we are told, were known for their greed — “greed that’s only matched by their willingness to do anything to make millions in profits.” Great line, by the way. “Vincent Van Gogh’s painting talent was matched only by his ability to make beautiful paintings.” “Scarlet’s reddish hue was matched only by its crimson tint.” The comparisons to the rhetoric of Occupy Wall Street, right out of the gates, is apt, save for the commercial’s ineptness. Soon enough, we’re introduced to the villain of this epic — Mitt Romney, head of Bain Capital. His “mission,” we are told, is personal enrichment, and we’re introduced to random working-class types who attest to the fact that Romney doesn’t care about the little guy. “But let’s look deeper. Let’s look deeper at his life,” says one. I predict that we are about to go deeper, and so we shall, taking a look at four instances of lives ruined by Mitt Romney and his insatiable quest to remodel his homes. “For tens of thousands, the suffering began … when Mitt Romney came to town.” And that’s the first twist. This movie isn’t called “King Of Bain.” It’s called “When Mitt Romney Came To Town.” We are introduced, briefly, to Mitt Romney, his Harvard education, and his love for “stripping American businesses of assets” and “killing jobs.” First stop on the road to ruin: Marianna, Fla. Here we learn about a local manufacturer of laundry equipment that got sold to Bain Capital. From there, everything went to crap — production sped up, quality went down, pay slashed, stress mounted. In the end, we’re told Romney “upended the company” and made big profits while “leaving behind a trail of wreckage.” But then Romney turned his sights on KB Toys and destroyed it in similar fashion. This ruined the lives of children. We know this because we see a child, staring into a television flicker, as the sounds of news reports of KB’s demise fill the background. The look on the child’s face says it all: “Oh no. The KB Toys chain is gone, and it was a brand with which I really identified.” We learn that Bain reaped a 900 percent return on investment as 15,000 jobs were lost, which the Boston Herald says was “disgusting.” “Romney called it creative destruction,” the narrator tells us. OK, but really, it was economist Joseph Schumpeter who called it that, but anyway! The ad develops the theme from there, defining “The Bain way” as profiting from the misfortunes of others. We move on to DDi, a technology company that Bain was involved in, courtesy of disgraced Lehman Brothers. Bain, we are told, quickly fired workers, and just as quickly reaped the reward of an increased share value. But Bain dumped the shares, reaping profit, before the stock crashed, and DDI filed for bankruptcy. “Average investors without insider connections were left with huge losses,” we are told, in a way that makes it sound like insider trading is some sort of virtuous pursuit. The sticking point here is that Romney denied having anything to do with this particular pump-and-dump scheme, because he was off saving the Winter Olympics, but documentation proved this wasn’t the case. Finally, we go to Marion, Ind., “which used to be such a booming town … but overnight it changed.” We’re guessing Bain was involved? Yes — there was a paper company that ended up “on Bain’s radar.” The same story plays out — workers cashiered, pay cut, quality diminished, wealth extracted, and lives ruined, as Bain pushed down on the throttle. “Every night I listen to the news and I get very upset,” says one Marionite. “Some nights it doesn’t pay me to listen to it … especially when a certain candidate for president, that ticks my ticker [appears].” (SPOILER ALERT: She is referring to Mitt Romney.) The snows of uncertainty fall, as people drive off, into the distance, leaving their lives behind, borne back ceaselessly into the past, etc. Metaphorically speaking. Also, this ruined Christmas for some. “To Romney and Bain Capital, it was just another deal … for others, it was a pit of despair.” One elderly woman sets up the final turn of the plot: “He’s a money man, and he’s going to look out for the money people. He didn’t look out for us little peons … so you put him over everything, then what? What’s going to happen then?” Well, the violins quicken to a frenzy and the voice-over testimonials grow to a desperate tone, and we’re given a chance to imagine what a Romney White House would look like — broken windows, lonely windmills, derelict buildings, a lone piggy bank falls and shatters. A crowd chants “Wall Street greed.” The phrase “the almighty dollar” is spoken aloud with a disparaging snort. And not for the first time, you think, “Wait. This is being disseminated by a Republican?” But it is, and it is unsparing in its criticism of Mitt Romney. In the world of this movie, Romney doesn’t merely make money, he goes on a “cash rampage.” He doesn’t have colleagues, he has “hatchet men.” And somewhere in the shadows of Bain, “wealthy Latin American investors” lurk, being vaguely “other.” And there is not a trace of American exceptionalism to be found in the video, because its makers have spared no effort to make Romney out to be a hyper-effete, itchy-palmed liege-lord, swelling above the peons with perfect hair and expensive suits. Romney speaks French. He has many homes. He’s always at his happiest the moment one of Bain’s downtrodden victims spills their sad story. Who on earth thought it would be a good idea to take a picture of Romney getting his shoes shined on a airport tarmac with a jet in the background? Don’t know! But Gingrich’s pet filmmakers got that picture, and used it. And they make great use of Romney’s recent flubs on the stump. That time he calls himself an unemployed person? It’s in there. His insistence that he knows how an economy works? You’ll see it. But the clip that gets the biggest workout is the one where Romney attests that “corporations are people” because all the money a corporation makes goes to people. Again and again, the film deploys the end of that exchange, where Romney, over the objections and jeers of a critical crowd, sarcastically yells, “Where do you think goes? Whose pockets?” On the off chance you’re resistant to a filmmaker that beats you over the head, repeatedly, with an anvil, the answer they’re reaching for is “Romney’s pockets.” Again, wow: this is being distributed by a Republican, not a Democrat. Purchased by a Gingrich super PAC, not MoveOn.org. And it’s not been slapped together — real care and real research went into this. But while plenty of GOP establishment types have a range of negative feelings about Romney — from distrust to derision — it’s perfectly understandable that they’d blanch at the sight of this video, and then become aghast at the way the Rick Perry and Jon Huntsman have followed Gingrich into this strange new encampment. Rick Santorum, by the way, has stayed out of this fray. And Ron Paul has risen to Mitt’s defense . And that tells you all you need to know about what motivates this argument in the first place — it’s the last resort of desperate candidates, who — led by Gingrich — have opted to set fire to the common rules of Republican Party politesse and a substantial portion of its codified economic worldview in an effort to prevent Romney from running away with the nomination. The only thing that separates Newt — the man who’s essentially responsible for this thing being out in the world — and the candidates who have leapt onto this anti-capitalist bandwagon, is Gingrich’s extraordinarily boundless need for vindication. This is the product of a man who now wants to destroy Mitt Romney so badly that he’s willing to risk his own excommunication. ( But he’s now beginning to realize he may have made a mistake .) The “King Of Bain” attack ads start hitting the airwaves tomorrow . Pop some corn. [Would you like to follow me on Twitter ? Because why not?]

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From Wall St. To Washington: Famous Moments In Revolving Door History

January 11, 2012

Want to get to Washington? Try going through Wall Street. As a look at any recent presidential administration will show, people move between the two worlds all the time. Earlier this week, President Obama announced that budget director Jack Lew would be taking over as his chief of staff , assuming the title from the outgoing Bill Daley. Both men have previously worked at major financial firms — Lew at Citigroup , Daley at JPMorgan Chase — meaning that Lew’s promotion continues a long-running trend of business executives moving into positions of power in the nation’s capital. Obama’s decision to replace one with the other has left critics wondering if the administration can be trusted to regulate the business community when so many White House staffers have spent time on Wall Street. The question is especially pressing today, as Americans everywhere continue to grapple with the effects of a financial crisis that might not have unfolded in such disastrous fashion if the government had kept a closer eye on big banks. In spite of the potential for conflicts of interest, crossover between the world of finance and the world of politics is nothing new. Even before Obama teamed up with onetime investment banker Rahm Emanuel, George W. Bush entrusted Henry Paulson, a 22-year veteran of Goldman Sachs, with the keys to the Treasury. And as seen with Peter Orszag and Robert Rubin, the migrations happen in both directions, with almost as many D.C. insiders leaving for a position in finance as vice versa. Here are some of the most notable examples of Wall Street players who went to Washington, or the other way around:

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Jerry Ashton: Demand That Collection Agencies Keep "The 5 New Year’s Resolutions for the Conscious Bill Collector"

January 11, 2012

If there is one thing that most Americans might agree upon is that the debt collection industry and the work it performs ranks in status somewhere below that of a Wall Street Banker and slightly above that of a U.S. Congressman. To a person, this industry laments this bad press and lack of appreciation. However, they don’t do much as individuals or agencies to change this viewpoint. Perhaps, just perhaps, they need motivation. As a 30-plus-year veteran of this industry, I invite my readers to campaign with me on this platform: that bill collectors must make — and keep — “5 New Year’s Resolutions for the Conscious Collector.” Whoooa, the “conscious” collector I can hear my own associates in that industry say? And coupling this up with making resolutions — those annual proclamations that people don’t keep? Am I setting up a false dichotomy? Perhaps, even insulting? Considering the track record, maybe, maybe not. Third-party agencies and debt buyers are coming off a banner year for collections made it possible by the hard work of the guy and gal on the front lines, the ones directly interfacing with the consumer or debtor. But, how could the worker bees be to blame for the hive’s reputation? After all, they’re just doing their job… To paraphrase Shakespeare….. “The fault… is not in our stars, but in ourselves, that we are underlings.” 2011 has been a Record Year for Collection Lawsuits . Lawsuits citing FDCPA violations reached 11,359 from 1/1/11 through 12/15/11 — exceeding last year’s 10,914. Here are a few examples of how you have earned your place on the popularity scale. *The President of an Erie, PA collection agency is accused of using a fake courtroom to intimidate debtors… (debtors were ‘summoned’ to a fake meeting room and ‘counseled’ to pay their debts or face consequences) and invokes the Fifth Amendment in a more authentic courtroom. *A San Diego based debt buyer and its subsidiaries employ collection approaches which investigators claim had “very little information about the debt… provided no supporting documentation… and included no proof that they actually acquired the debt from the original creditor… and also sometimes targeted the wrong individuals for collection and attempted to collect debts that had been fully or partially paid.” Wisely, the company had “set aside an additional $500,000 in anticipation of a settlement.” *A federal court ordered an individual behind a payday lending scheme and two companies he controls to pay $294,536 for illegally trying to garnish borrowers’ wages… along with other illegal collection practices. *There are 30 states that will allow imprisonment for unpaid debt — even though this has been illegal in the U.S. since 1833 — and underhanded agencies are taking advantage of loopholes to see the debtor land in the slammer. Even in the case of incomplete or false documentation… And, a news piece hot off the Newsweek Press on January 1, 2012, ” America’s Abusive Debt Collectors ” by journalist Gary Rivlin, best-selling author of Broke, USA . To read it is to weep. So, that’s the “reality” of debt collection as others see it. Where, exactly, can consciousness or “resolution” come in for a bill collector? It is one thing to be conscious of our circumstances, but an entirely a different thing to have the resolve (resolution?) to change things. And, why bother? You want positive change as a debtor, collector, creditor? Then, make it possible for the collector to put into effect the resolutions that can turn things around. Resolution #1 — I will not work for an agency or debt buyer which employs or encourages duplicity in its collection efforts, i.e., phony courtrooms. Resolution #2 — I will only work accounts which have supporting documentation as to proof of debt. If my agency, or its client, cannot provide that proof — that account is returned with a “write it off” recommendation. Resolution #3 — I will refuse to attempt collections on OOS (out of statute) accounts. Resolution #4 — I will refuse to collect on personal loans (the infamous “payday” loan as example) which include “bumps” or fees and collection charges in tandem with egregious interest rates. Basically, I will exercise the Golden Rule. The result of this would be a Conscious Collector who is aware of the applicable laws, knows the originator (and legitimacy) of a debt, and acts ethically and professionally. Oh yes, and Resolution #5 ? That one belongs to the employers — the creditor, the agency and/or the debt buyer — the ones who set the bar: “I will hire only collectors who have made — and live by — the above four resolutions.” Hard working, ethical and conscientious bill collectors. Now, that should grab the headlines in 2012 .

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