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Huffington Post…

Some who talked to American Banker said that the political pressure to announce the settlement drove the timing, in effect putting the press release cart in front of the settlement horse. Whatever the reason for the document’s continued non-appearance, the lack of a public final settlement is already the cause for disgruntlement among those who closely follow the banking industry. Quite simply, the actual terms of a settlement matter.

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Missing Final Document Raises Doubts On $25B Mortgage Settlement

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Huffington Post…

Since an improbable victory over Honda last week in a California small-claims court, a woman who sued over the disappointing fuel economy on her Civic hybrid says she has fielded hundreds of inquiries from disgruntled owners asking how they can follow in her footsteps. Heather Peters says she has been happy to answer questions, and she’s curious to see how many file small-claims court cases of their own. She’s not the only one. Automakers, legal experts and consumer-rights advocates are keeping an eye on what happens in the aftermath of her victory. Every car company today must advertise fuel economy to comply with regulation. But many–Ford, Hyundai, Chevy, Toyota and Honda, for example– regularly trumpet fuel economy ratings in an attempt to convey quality and innovation, as well as appeal to pocketbooks when gas prices spike. They’ll all have a clearer idea of what they are facing from disappointed consumers and judges soon.

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Woman’s Small Claims Court Win Could Rock Entire Auto Industry

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The States With The Most Homes in Foreclosure

February 11, 2012

While some of the states with high foreclosure rates have had substantial improvements in their economies, others continue to be hit hard. In Nevada and Florida, two states with the highest foreclosure rates, homes lost roughly half of their value over the past five years — and prices are still falling. Foreclosures that began several years ago and that are still active cannot be the only reason nearly 12% of Florida’s homes with mortgages were in foreclosure last year. Home prices in the state fell nearly 50% over the past five years, unemployment remains extremely high, and 17.4% of people with mortgages in the state were 90 days or more late on their mortgage payments.

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Greece Nears Bailout Deal To Stave Off Disaster

February 11, 2012

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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Carla Holtze: 2012: A Shopper’s Odyssey

February 11, 2012

Yesterday I Tweeted, Facebooked and Tumbled a fabulous pair of pink skinny jeans from Zara that I discovered on Have to Have , a social registry for your life that I co-founded. Why did I do this? My style is one of the ways in which I express who I am. Apparently I wasn’t the only one who thought the pink jeans were the new it thing. Once I had seen that 14 other people added the pink jeans to their profiles, I knew I had to have them. Shoppers are social creatures and friends are some of our strongest influencers in purchasing decisions. 83 percent of online shoppers said they are interested in sharing information about their purchases with people they know, while 74 percent are influenced by the opinions of others in their decision to buy the product in the first place. However, social media is not just all about me. I love seeing what fashionable finds my friends are plucking from across the web and in stores as they snap photos on their phones. From Etsy to Shibuya to the tiny unknown boutique on Manhattan’s Lower East Side, cool finds are hitting our radar screens faster and powered by social media. Apps such as Instagram and Pose and inspiration platforms such as Pinterest are helping to make this sharing easier than ever before, both online and with mobile. Today shopping is all about social commerce and new tools that make browsing and buying a breeze – from wherever we are. A number of innovative companies are creating tools for people to not only discover fashion and show off their style, but also to help them shop the way they really do – both online and in stores. Mobile is an increasingly important piece of this puzzle bridging online and offline shopping. When it comes to clothing, shoppers often seek out products that they find online in real life so they can feel the fabric, try things on for size and fit or just want another opinion. They also want to buy the products they see in stores later online, oftentimes for the convenience factor. An overwhelming 78 percent of consumers use at least two such “channels” to browse, research and make purchases, and 56 percent of online shoppers who own a mobile device say they use that device to research or buy products. So what does all this mean in practice? For starters, I no longer have to read my mom’s mind when I want to buy her a birthday present. I know exactly what she wants when I check out her Have to Have profile and from there I can click to buy directly from the retailer. Likewise, I used to email myself reminders about products I had seen and liked, but now I use social bookmarking sites, like our own, to save products from across the web. The new Have to Have mobile app allows me to snap and save photos to my profile – from the fashion show runways in Lincoln Center to the Mall of America. I can also reference my wishlists, see what I have saved online and take care of all sorts of other online and offline shopping needs. I dig social commerce because it’s fun, efficient and keeps me on-trend. Aileen Lee, a partner at Kleiner Perkins said, “If you figure out how to harness the power of female customers, you can rock the world.”4 From two women who see a tremendous need from both the consumers and the brands, we are working on it!

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Bill Gunderson: Can a Businessman Run a Country?

February 10, 2012

President Obama sure likes to hold Warren Buffett up as an example these days. After all, it is Warren Buffett that is dying to pay a higher tax rate. Never mind that he is currently fighting the IRS over a paltry billion dollars or so in unpaid taxes. Warren is also hot and bothered about his secretary paying a higher effective tax rate than most millionaires and billionaires. Of course, we still have not seen her tax return, so we really don’t know what rate she does pay. I guess it does not matter however, that Mitt Romney paid several million in taxes while Buffet’s secretary may have paid a few thousand. Who’s counting anyway? My question to you the reader is this: If God forbid, something should happen to Mr. Buffett, would he feel more comfortable hiring Barack Obama or Mitt Romney to take over the management of Berkshire Hathaway? Oh, I know what you are thinking, government cannot be run like a business; it takes politicians to get things done. It is thinking like this that has helped create a current debt load of $15 trillion dollars! Do you think that Mr. Buffett would have gotten us into the mess that we are currently in had he been running the country over the last 10 years? I highly doubt it. Warren still lives in the same humble abode that he has lived in for years. He is known for being pretty frugal. Oh, I forgot however that Mr. Buffett is a businessman though. We can’t have a businessman running our country. Actually, it would be real interesting to know where we would be today had Warren Buffett been running the country for the last 10 years. Maybe he would have consulted with other businessmen like Steve Jobs of Apple Computer or Jim Skinner of McDonald’s about the economy and job creation. Instead our president goes to CEOs like Jeffrey Immelt of General Electric and Antonio Perez of Eastman Kodak to get his advice about job creation. Is that the same Jeffrey Immelt who has had the stock of GE going backwards by an average of 3.3 percent per year over the last 10 years? Is that the same Antonio Perez who just had his company file for bankruptcy ? Eastman Kodak was once a member of the Dow Jones Industrial Average, it is now a penny stock! I don’t know about you, but when I want to lose weight, I seek out a skinny diet counselor. Now back to Berkshire Hathaway. What does President Obama’s resume look like when it comes to investing in companies? Let’s see, there was some $520 million that went into Solyndra. How did that one turn out? Did the investment go there on merit or favoritism? What would Buffet’s shareholders say if Warren made an investment that went from $520 million to zero in the span of 18 months? How did the Obama administration’s investment in Beacon Power go? Oh well, it is just taxpayer money that we don’t have. How about the billions that went into the so-called stimulus program? What kind of return are we getting on that one? While it is intriguing to think where our country might be today had a crackerjack businessman like Warren Buffett been running the show, it is an absolutely frightful thought to think where Berkshire Hathaway might be today, had Mr. Obama been at the helm for the last 10 years. This may sound like a harsh observation, but close your own eyes and ponder these questions for a minute. The bottom line is this: What we have been doing has not been working. The hole that we have to climb out of here in America is getting deeper and deeper and deeper. In fact, it is getting so deep, I think I can see Greece-austerity, strikes, riots, and bailouts anyone? We need a different skill set in the White House right now. We need a turnaround expert in the worst way. Oh, I forgot that a businessman cannot run a country. If a bunch of politicians can run the country into the ground, I feel pretty confident that it will take some businessmen to turn it around.

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’99 Percent’ Protest CPAC

February 10, 2012

WASHINGTON — The Conservative Political Action Conference drew crowds of protesters on Friday, as members of the Occupy Wall Street movement and labor groups demonstrated against the annual confab as a powwow for the “1 percent.” (CLICK HERE FOR LIVE UPDATES) Inside the Marriott Wardman Park Hotel in Washington, D.C., students affiliated with Occupy silently interrupted a speech by GOP presidential hopeful Mitt Romney. The protesters, wearing “We are the 99%” stickers over their mouths and shirts that read “If money is speech, poverty is silence,” were escorted from the building by security. While leading figures in the conservative movement continued to meet inside, outside the hotel the atmosphere was more raucous, with several hundred people rallying at noon beneath a giant inflatable “fat cat.” They held signs, chanted, and set up a few tents at the bottom of the hotel’s winding driveway. But when protesters began marching up the driveway shortly after noon, several D.C. police officers impeded their path and instructed protesters — and members of the media — that they needed to move back. Police said the driveway was private property and that those still on it risked arrest. The protest began moving back down the driveway as CPAC attendees watched from the sidelines. Police continued to keep protesters and members of the media off the driveway but allowed the protest to spill off the sidewalk, blocking the street. The protest saw a number of outlandish attendees, from the Brooklyn “Tax Dodgers,” a faux baseball team who satirically support former Massachusetts Gov. Romney, to “Candidate Walmart,” aka Ben Waxman, who said he was standing up for a corporation’s right to run for president. It also drew a mix of Occupy protesters, union supporters and members of local groups. “We’re protesting CPAC’s propping up of policies that don’t force U.S. corporations to pay their fair tax share, and really promote obscene income inequality in this country,” said James Adams, a coordinator with Our DC , another group of protesters that focuses on jobs. “The dreams of Americans who make up the 99 percent are being squashed by CPAC and their poster boy, Mitt Romney.” Although protesters expressed concern on issues from hydraulic fracturing, or fracking, to foreign policy, most said they were focused on economic policy. “We’re trying to create more jobs here in the District, and we feel by holding Congress and big corporations accountable for not paying their fair share of taxes, they can create more jobs by doing so,” said Dwayne Devoe, another member of Our DC. “A lot of them are talking about creating jobs, but at the end of the day, what they’re saying doesn’t really relate to their message.” Jeanae Paul, a member of Good Jobs Baltimore, said she was trying to call attention to the plight of the jobless. “I’ve been unemployed for over a year now, and it’s been really hard,” Paul said. “I’ve been going on interviews, but there’s no jobs out there. They’re non-existent. And it’s hard to feed my family, it’s hard to buy clothes, to celebrate the holidays.” Paul said she made the trip to Washington because she wanted the Republican candidates for president to hear stories like hers. “It’s important to let them know that we’re people, too,” she said. “We want to be heard. You know, they need to know the real stories, instead of listening to what their 1 percent is saying. Because we’re the 99 percent.” Brendan Duke, a spokesman for the Service Employees International Union, an organization of 2.1 million members, told The Huffington Post that there were 600 protesters on hand, including 300 unemployed workers from the D.C. area. He said the protest was scheduled to last until 2 p.m. Most CPAC attendees simply walked around the rally, but several stopped to speak with protesters. Byron Sanford, a Catholic University student who supports Rep. Ron Paul (R-Texas), seemed sympathetic. “I agree with Occupy Wall Street on one of the things they stand for — I think corporations are ripping off the American people,” he said, admitting that he was actually more comfortable with the atmosphere outside the conference. “I feel much better out here.” Others were less impressed. “I’ve been to a couple of these things, and it’s pretty typical — it’s the same slogans,” said John Sexton, who writes for Verum Serum, CPAC’s 2012 Blog of the Year. “Individually, they can be very reasonable, but in groups, you’re not thinking.” Another protest outside CPAC is planned for Friday evening. Michael Calderone contributed to this report. CORRECTION: The original version of this story quoted James Adams and Dwayne Devoe as members of Occupy DC. They are part of the group Our DC.

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

February 10, 2012

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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White House: Energy Department Loan Oversight Needs Overhaul

February 10, 2012

* Struggling to fill key positions to manage loans * Did not evaluate failed loan to Solyndra * Chu: will review ideas, but program is working By Roberta Rampton WASHINGTON, Feb 10 (Reuters) – The U.S. Energy Department relies on too many consultants and committees for managing its loans and needs to beef up its management, concluded a review commissioned by the White House in the wake of publicity over failed solar panel maker Solyndra. Herb Allison, a former investment banker known for his work helping government agencies manage large, complex financing programs, reviewed the energy loan program, and recommended an overhaul in oversight of the $23.769 billion portfolio. He said the Energy Department has struggled to fill vacancies in key positions without success. “At least one manager is acting head of several departments,” he said in a 75-page report. Decisions should be made by individual managers with expertise, Allison said, instead of using a committee process “where collective responsibility can obscure individual accountability.” Allison did not review a $535 million loan guarantee to Solyndra, which filed for bankruptcy last year and has become a political sore spot leading into the 2012 election season. The loan was once held up by President Barack Obama as an example of how his administration was creating new jobs with “stimulus” funding while promoting renewable energy. It now is featured in at least two attack ads on television, and candidates for the Republican presidential nomination regularly invoke Solyndra as a symbol of what they say is government waste and misguided energy policy. Energy Secretary Steven Chu said he would review the recommendations to find ways to strengthen the program. But he said the program is working as it is intended, and noted that the review rated the overall risk of the loan portfolio as “slightly lower” than the department’s projections. “We have always known that there were inherent risks in backing innovative technologies at full commercial scale, and it is very likely that there will be other companies in the portfolio that won’t succeed, but the vast majority of companies are expected to pay the loans back in full, on time, and with about $8 billion in interest,” Chu said in a statement.

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David Woolner: FDR Alleviated Americans’ Anger and Suffering Through Action

February 10, 2012

The news that President Obama has decided to establish a special new task force to investigate abusive and fraudulent lending practices during the housing boom, coupled with yesterday’s announcement of a $26 billion settlement aimed at providing relief to struggling home owners, will certainly be greeted as welcome developments by the millions of Americans still struggling under the weight of the Great Recession. But with many of the details of the practical application of the settlement still to be worked out, and with the task force having just been established, it is too early to tell how much relief will actually reach desperate homeowners or how many banks and/or individuals will face prosecution. Given the devastation caused by the reckless and often fraudulent behavior of many of the nation’s leading banks, and the overwhelming need to stabilize the housing market and provide relief to millions of homeowners, one would hope that these measures would, at the very least, be as effective as the actions taken by the government roughly 80 years ago when we faced a very similar economic crisis. Most Americans are well aware that the Great Depression was initiated by the collapse of the stock market in the fall of 1929. It was a collapse that came about in large part because of the bursting of a large speculative bubble that had built up over time in the reckless and virtually unregulated financial climate of the 1920s. What is less well known or understood are the many other factors that played a role in the onset of the Great Depression: the decline in agricultural prices, the maldistribution of wealth and income, the collapse of the banking sector, and an equally important urban mortgage crisis. Indeed, by the time Franklin Roosevelt took office in March of 1933, it is estimated that approximately 50 percent of all urban mortgages in the United States were delinquent or in foreclosure and that an average of 1,000 homes per day were being lost. To deal with the housing emergency and to get to the bottom of what led to the economic crisis in the first place, FDR did two things. First, he fully supported the activities of the 1932 Senate Committee on Banking and Currency that was established to investigate the causes of 1929 crash. Once in office, he moved quickly to provide relief to home owners through the establishment of the Home Owners Mortgage Corporation (HOLC) . Thanks in large part to the zeal of Ferdinand Pecora, who was appointed to head the Senate committee investigating Wall Street in January 1933 and was quietly encouraged to carry out his work with vigor by President-elect Roosevelt, the ” Pecora Commission ” would uncover a whole series of unscrupulous practices in the banking and financial sector. These included interest-free loans to top executives at National City Bank (now Citibank); National City’s disposal of bad loans to Latin American countries by packing them into securities and selling them to unsuspecting investors; and J.P. Morgan’s list of influential “friends,” including former President Calvin Coolidge, all of whom were given the opportunity to purchase stock at sharply discounted prices. These disclosures, coupled with additional revelations about excessive salaries, bonuses, and the fact that many financial elites — including the head of National City Bank — did not pay any income tax in the past year, outraged the public and helped inspire the Roosevelt administration and Congress to push through some of the most important banking and financial reforms in American history. These included the Glass Steagall Act , which separated commercial from investment banking and gave us the Federal Deposit Insurance Corporation , and the 1934 Securities and Exchange Act , which created the Securities and Exchange Commission. In the meantime, to meet the urgent housing crisis, the HOLC, which was established within FDR’s first 100 days in office, provided direct relief to families facing foreclosure by buying out their existing mortgages and replacing them with new ones. The new ones weren’t based on the typical non-amortized loan of seven to ten years, but rather on the far more affordable amortized mortgage of between 25 and 30 years. Over the course of its brief three-year history, the HOLC refinanced over one million homes — roughly 20 percent of all the urban mortgages in the U.S. In the process, it revolutionized American home ownership through the institutionalization of the 30-year mortgage. It also did not cost the American taxpayer any money, as the HOLC turned a small profit when it finally closed its books in 1951. Taken together, the measures inspired by the Pecora Commission and the relief brought to millions of American homeowners helped restore investor confidence, resuscitate the financial sector, and lay the foundations upon which our banking, financial, and housing sectors rested from more than half a century. In making yesterday’s announcement, President Obama alluded to both the new task force and the bank settlement by stating that with these measures “we begin to turn a page on an era of recklessness that has left so much damage in its wake.” Eighty years ago, the twin combination of a federal investigation and direct action by the government helped alleviate the anger and anguish of the millions of Americans who suffered as the result of the greed and avarice of the wealthy few. Let us hope that the president’s new task force and the agreement with our nation’s major banks will do the same. Cross-posted from New Deal 2.0 .

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Alabama’s Largest City Looks For Alternatives To Payday Lenders

February 10, 2012

The biggest city in Alabama is putting its payday lenders on notice. Bankers and community leaders in Birmingham, Alabama met Thursday to discuss developing new financial resources for cash-strapped residents , according to The Birmingham News . The meeting was part of the city’s broader effort to relax the influence of payday lenders — small loan shops where borrowers can get quick cash, but often end up sucked into a cycle of debt thanks to the lenders’ high interest rates. While Birmingham leaders say they can’t force the payday lenders to close up shop, they are talking about adopting a program similar to San Francisco’s Bank On initiative , which aims to offer safe, non-exploitative resources — including financial counseling, online pay options and inexpensive checking and savings accounts — to people who are hesitant to use traditional banks. Nearly 8 percent of U.S. households are “unbanked,” or don’t have a checking or savings account, according to Federal Deposit Insurance Corporation data cited by The New York Times . Another nearly 18 percent of Americans have a checking or savings account, but still use alternative financial services. In Alabama, more than 20 percent of households have sought loans from payday lenders, according to the Associated Press. Birmingham’s pushback against payday lenders comes at a moment when a vast number of Americans are cash strapped, pushing them to turn to an off-brand loan shop. Thanks to high unemployment and flat wages, a growing number of Americans are struggling to simply put food on the table and cover other basic household expenses . Nearly half of all households in the U.S. are only one financial emergency away from the poverty line . Amid such a weak economic climate, payday lenders have thrived . But consumer-protection advocates are beginning to take a hard line against the industry. Richard Cordray, who recently assumed control of the Consumer Financial Protection Bureau, has put payday loan regulation front and center on his agenda, despite protests from lenders that they provide a valuable service to borrowers in a tight spot. Payday lenders have come under particular criticism for allegations that they target and take advantage of minority borrowers. A study by the Center for Responsible Lending found that in some regions, payday loan shops are clustered disproportionately in African-American and Latino neighborhoods , and that minorities form a large part of their customer base.

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R. Paul Herman: Warren Buffett’s Billions at Risk; Berkshire Hathaway Is Lowest-Rated on Sustainability

February 10, 2012

Co-authored with analyst Maximilian Lichtenheld of HIP Investor. Warren Buffett is known as the “Oracle of Omaha,” but does his view towards sustainability warrant this title in the 21st century? Not according to the ” HIP 100 ” investment index and portfolio. Berkshire is rated dead last of the 100 largest companies in the U.S. based on low sustainability results and lack of information on its conglomerate’s actions and results. Why? Because Warren Buffett, vice chair Charlie Munger and the Board of Directors — including Bill Gates –have yet to embrace sustainability, the concept that human, environmental, social and governance factors can drive increased profitability and shareholder value. The shareholders and Board voted down a proposal at last year’s shareholder meeting in Omaha to quantify the risks related to pollution and carbon emissions, as well as rejecting the need for setting goals to reduce them. This is strange: because reducing waste and greenhouse gases leads to lower costs, fewer liabilities and reduced risk. At that shareholder meeting, Buffett stated that climate change is not a material risk to Berkshire. Yet $30.6 billion, or 29%, of Berkshire Hathaway’s operating company revenue is heavily contingent on the issues related to climate and energy. Berkshire’s earnings growth has not met analyst projections as the reinsurance businesses of BRK suffered heavy losses due to extreme weather. Moreover, the potential impact of climate change on BRK’s equity holdings (partial rather than full ownership, like Coca-Cola, Kraft and Wells Fargo) is even higher. Approximately 40 percent of revenues are facing increased risk, representing about 1 in 4 employees, according to our analysis at HIP Investor. An analysis of BRK’s operating companies resulted in a peculiar result as sustainable business practices are incorporated at home construction and manufacturing firms, yet two of the biggest insurers, GEICO and General Re, appear not to pursue any strategies considering environmental impacts on their business models. Including these factors could lead to more sustainable profits with a largely reduced exposure to high-impact risks. The industry finally has to recognize that “black swans” risk becoming the “new normal.” Another crucial aspect that might be detrimental to BRK’s performance is also rising prices of clean water. The Coca-Cola Company, in which BRK holds a major equity stake, uses 2.36 liters of water to produce 1 liter of soda — consider that next time you drink a soda. In India, the water-to-soda ratio amounts to 4:1, resulting in the waste of 75 per cent of water input. As water is the main ingredient for all beverages, even a slight increase in its price could lead to a fall of profits. An improvement in water efficiency might incur capital expenditures in the short run, but will reduce costs in the long run, serving as a competitive advantage. Some of Berkshire’s businesses are actively expanding in the alternative energy sector, such as Mid American Energy Holding’s acquisition of the Topaz project , one of the world’s largest photovoltaic power plants, for $2 billion. Imitating this strategic expansion across the conglomerate could be quite beneficial for BRK. For BRK’s last fiscal quarterly statement, ending October 2011, Berkshire said “profit from underwriting insurance fell 83 percent to $81 million amid the most costly hurricane season since the record storms of 2005.” As profits associated with the insurance subsidiaries fell by more than 77 percent on investments, it is time for Berkshire’s board — which includes Bill Gates — to accept the importance of climate for business. A study by the Intergovernmental Panel on Climate Change (IPCC) entitled ” Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation ” (SREX)’ supports the notion that extreme weather occurrences are going to increase in frequency, hugely affecting BRK’s potential for generating sustainable revenues in the insurance and re-insurance businesses. “Extreme events will have greater impacts on sectors with closer links to climate, such as water, agriculture and food security, forestry, health, and tourism,” requiring economies to adapt and not stick blindly to a status quo. If weather-related disasters increase in frequency, profits could quickly evaporate, unless the issue of climate change is actively included in company strategies. Other reinsurers, namely Swiss Re, do acknowledge the impact of climate change and estimate that the associated market accounts to $5 billion , which consists of various over the counter contract weather derivatives, as well as other insurable risks regarding renewable energies. However, the acceptance of the changed circumstances does not only create new markets, but allows to incorporate these changes into the risk models. Ignoring the tremendous risks of climate change can be lethal for a firm. If BRK would take steps to counter these challenges through systematic implementations of sustainable business practices across all operating companies, as well as pushing for sustainable changes at their equity stakes, then revenues could be more stable, avoiding losses and positively impacting society. Warren Buffett’s potential impact on sustainability would go far beyond BRK though, as typically his investments are widely followed and influence investors in their decisions. Once this self-reinforcing cycle is initiated, economies and firms could become more sustainable in performance, hence they could weather economic shocks better. Volumes on IBM trading doubled days after Buffett announced his investment in the company in 2011. Forging ahead on sustainable firms could thereby lead to a large multiplier effect for the entire industry. Will Buffett become more “HIP,” supporting the theme that solving human, social and environmental challenges can increase the potential for more profit? Will BRK survive without adapting to more sustainable business practices? That is up to Mr. Buffett, Charlie Munger and the Board — but it will determine whether BRK can continue its 20th century leadership into the 21st century. Co-author Maximilian Lichtenheld is an Analyst at HIP Investor Inc., an MBA candidate at London School of Economics (LSE), and the Founder and President of LSE’s M&A (Mergers&Acquisitions) Society, President of LSE’s Swiss Society and Vice-President of the Austrian Society. NOTE: This is not an offer of securities nor a solicitation. The information presented is for information and education purposes, and does NOT imply any investment recommendations. Past performance is not indicative of future results. All investing risks loss of principal. The authors, HIP Investor and HIP’s clients may invest in the securities mentioned above, including in the HIP 100 Index portfolio. Details and full disclosures are at www.HIPinvestor.com

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Elliott Negin: Monsanto’s Great Expectations (and Not-So-Great Results)

February 10, 2012

Photo: Russell Max Simon With apologies to Charles Dickens, whose 200th birthday was this week, it’s the best of times and the worst of times for Monsanto, the agribusiness giant that is aggressively marketing genetically engineered crops — and millions of tons of pesticides — worldwide. It’s the best of times because its stock is soaring. Sure, the St. Louis-based leviathan has been up before — and down. In 2009, Forbes magazine proclaimed it company of the year. The next year its stock tanked, and Mad Money TV host Jim Cramer proclaimed it the worst of 2010. Now its up again, and last month Forbes was hyperventilating over the fact Monsanto has outperformed most high-tech stocks over the last five years. But just like the plot in Charles Dickens’ Great Expectations , Forbes ‘ rosy scenario is not the whole story. You may vaguely remember the 19th century novel from high school English. According to a column in last Sunday’s Washington Post , its main lesson is: “You will never fully comprehend the most important events in your life while they are happening. Any plans you make will not work out — and you may grow up to be a jerk. If you are lucky, however, a series of traumatic events will wake you up and show you how insufferable you have become.” If you replace the book’s protagonist Pip with Monsanto and look at the company through the prism of science instead of its stock profile, my tortured analogy makes sense. Despite more than 20 years of research and 15 years of marketing, Monsanto’s great expectation that genetic engineering would dramatically increase food production and reduce pesticide use has been dashed. Unlike Pip, however, the company has not yet woken up to the fact that its products don’t perform as advertised. That’s why it’s also the worst of times. Doug Gurian-Sherman, a molecular biologist with the Union of Concerned Scientists (UCS), has spent quite a bit of time investigating Monsanto’s track record. In April 2009, he published ” Failure to Yield ,” the only comprehensive study to date that separates genetic engineering’s contribution from other factors that can increase yields. After reviewing two dozen academic studies of corn and soybeans — the two primary genetically engineered food and feed crops in the United States — he found that genetically engineered traits in herbicide-tolerant soybeans and herbicide-tolerant corn have not increased yields, and insect-resistant traits have improved corn yields only marginally. The substantial increase in yields for both crops over the previous 13 years was largely due to traditional breeding and better agricultural practices, not genetically engineered traits. More recently — just a few days ago, in fact — Gurian-Sherman and his colleagues in UCS’s Food and Environment Program posted a web feature, ” Eight Ways Monsanto Fails at Sustainable Agriculture ,” documenting how Monsanto has broadly failed to deliver on its promise to increase yields, safeguard the environment, and protect farmers’ livelihoods over the long run. “Monsanto talks about ‘producing more,’ ‘conserving more,’ and ‘improving lives,’ but it’s a PR fantasy,” said Gurian-Sherman. “In reality, the company is doing a great job selling more engineered seeds and herbicide and fattening its bottom line at the expense of the environment. To be sure, there are a lot of farmers who buy Monsanto seed, but they buy it mainly because it’s convenient, it saves them time, and it does kill some pests. That doesn’t mean that it’s better for the environment.” Besides the fact that Monsanto’s genetically engineered traits have failed to substantially increase yields, its heavy promotion of crops designed to be impervious to the company’s RoundUp herbicide has inadvertently created resistant “super” weeds, UCS experts report. That not only can make farming more difficult and costly, it forces farmers to use even more herbicides, which threatens the environment and public health. UCS also found that Monsanto’s focus on genetic engineering and chemical fixes thwarts research and development of cheaper, more effective solutions, including public sector classical crop breeding and environmentally friendly farming methods. Given the unvarnished facts, how has Monsanto been able to convince anyone that it is, according to its latest PR effort, “improving agriculture and improving lives”? In large part by spending tens of millions of dollars annually on advertising, lobbying and campaign contributions. In the fall of 2008, Monsanto launched an advertising campaign that continues to this day. An outgrowth of the company’s “sustainable yield initiative,” it has targeted opinion leaders and federal policymakers with full-page ads in the Atlantic Monthly , New Yorker , New Republic and other elite publications, as well as with posters in subway stations, on bus shelters, and on the sides of metro buses here in Washington. Last year, Monsanto spent $100 million on the ad campaign, down slightly from the $120 million it spent in 2010, according to Securities and Exchange Commission figures . The company also spent $6.37 million on lobbying –more than any other agricultural company or trade group–and so far has contributed more than $170,000 to political campaigns in the 2011-2012 election cycle, the third highest in the agricultural sector. Monsanto’s claims in earlier ads were more explicit than ones circulating now. For example, an ad on the New Yorker ‘s back cover that ran the same week Gurian-Sherman released his “Failure to Yield” report back in 2009 stated : “Providing abundant and accessible food means putting the latest science-based tools in farmers’ hands, including advanced hybrid and biotech seeds. Monsanto’s advanced seeds not only significantly increase crop yields, they use fewer key resources — like land and fuel — to do it. That’s a win-win for people, and the earth itself.” The company’s latest print ads , which all feature the headline “Improving agriculture, improving lives,” are toned down by comparison. They insinuate that Monsanto is accomplishing something grand and noble instead of making demonstrably false claims. For example, one ad states: “In the hands of farmers, better seeds can help protect resources and promote biodiversity.” Another one states: “In the hands of farmers, better seeds can help meet the needs of our rapidly growing population, while protecting the earth’s natural resources.” They all wrap up with: “That’s improving agriculture. That’s improving lives. And that’s what Monsanto is all about.” The best response to Monsanto’s misleading ad campaign? A well-worn quote from Great Expectations : “Take nothing on its looks; take everything on evidence. There’s no better rule.” Elliott Negin is the director of news and commentary at the Union of Concerned Scientists. For information on how to get involved with UCS’s effort to set the record straight on Monsanto, click here .

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The Woman Some Are Dubbing ‘The Female Barack Obama’

February 10, 2012

By Tim Reid and Aruna Viswanatha Feb 9 (Reuters) – California Attorney General Kamala Harris, a veteran prosecutor with acute political instincts and a reputation for thick skin, gambled big in the settlement negotiations with banks over illegal foreclosures. It’s a gamble that appears to have paid off spectacularly. Harris, whose state has been one of the hardest hit by the U.S. foreclosure crisis, pulled out of talks with the banks last September, saying what they were offering was grossly insufficient. At the time, her office said on Thursday, California was being offered between $2 billion and $4 billion. The gambit carried significant risks. California is a non-judicial foreclosure state, meaning foreclosures can happen outside the court system. Thus there are no court files filled with the notorious “robo-signed” documents, leaving Harris with less leverage than other states in negotiating with the banks. Yet on Thursday, Harris held a press conference in Los Angeles to herald a deal that looks exceptionally favorable to California. Out of the $40 billion in total benefits that are expected to flow from the $25 billion settlement that the banks agreed to pay, California is set to emerge with some $18 billion. Harris wrung a commitment from the banks to reduce loans to distressed homeowners by $9 billion, and to provide $3 billion to assist short sales. Another $6 billion will fund restitution and anti-blight programs, among other things. There are also enforcement and penalty provisions unique to California that Harris said will make sure the banks comply with the terms of the settlement. Harris’ hardball tactics reflect a woman who has prospered in the rough and tumble politics of the Golden State. Born in Oakland, California, she is the daughter of a Tamil mother, a breast cancer specialist who emigrated to the United States in 1960, and a Jamaican American father, a Stanford University economic professor. Her parents divorced when she was a toddler and her mother raised Harris and her sister to be proud African Americans during the tumult of the Civil Rights era. By virtue of her gender and her parentage, Harris is the first female, the first African American and the first Asian American attorney general in California, and the first Tamil American attorney general in the United States. A career prosecutor, she was elected district attorney of San Francisco in 2003 after defeating two-term incumbent Terence Hall. She was re-elected unopposed in 2007. Convictions in San Francisco increased sharply during her tenure. But her unshakeable opposition to the death penalty led to a bitter stand-off with the city’s police department when, just four months into the job, a police officer was gunned down and killed by a gang member and Harris declined to seek the death penalty. She also came under fire when a scandal engulfed the San Francisco crime lab, resulting in the mass dismissal of drug cases. Yet she remained a highly appealing political figure, dubbed “the female Barack Obama” by some wags. In 2010, she prevailed over a weak field to win the Democratic nomination for attorney general, and then barely edged her Republican rival, Los Angeles district attorney Steve Cooley, in the general election. Harris is widely considered to be a likely future candidate for higher office; if the mortgage settlement proceeds as planned, it could ultimately help more than just the troubled homeowners. (Reporting By Tim Reid and Aruna Viswanatha; Editing by Jonathan Weber and Richard Chang)

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U.S. Clamps Down On ‘Sex In The City’ Counterfeit Perfumes

February 10, 2012

The ladies of “Sex and the City” are still cool enough for China’s massive counterfeit market. Counterfeit perfume seizures by the U.S. Customs and Border Protection surged in the United States last year, jumping 471 percent to a total value of $9.4 million. And of all perfumes seized, the one most often found was called “Sex in the City,” a counterfeit variation on the HBO trademark. The surge in fake fragrance raids was the result of new partnerships between U.S. Customs and Border Protection and American companies like HBO trying to protect their trademarks, the agency said in a report . “The collaborative effort that we’ve had with Customs have been incredibly effective and we’ve been happy with the results,” said HBO spokesman Jeff Cusson of the seizures. U.S. fragrance companies have turned to law enforcement for help in battling counterfeits after nearly a decade of weak sales, which dropped 20 percent between 2005 and 2010, according to Euromonitor International , a market research group. While the recession is partially responsible, the groups says, top-level brands may no longer hold the same weight over imitations that they once did. “Fragrances have lost their mystique and become less ‘special’ and commoditised,” Euromonitor wrote in a May 2011 report . “With over a hundred new fragrance launches a year, the glut of fragrances in the marketplace has also created consumer confusion.” Or perhaps Americans are simply no longer willing to pay $100 for designer fragrances when cheap versions abound. The “Sex in the City” fake, for example, is sold all over the Internet for less than $10. Versions like Lust, Kiss, Love and Dream are currently available on Amazon.com , Overstock.com and many other beauty sites. Three of the four countries most often responsible for counterfeit perfumes seized in 2011 are located in Asia — China, India and Hong Kong — but the perfumes also often originated from Germany, according to Customs seizure data. Most fans of the fragrance likely don’t know that the “Sex in the City” perfume is a fake at all, especially since the HBO-approved scent was only

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Critics Say New Hampshire’s Right-To-Work Legislation Would Not Net Jobs

February 9, 2012

The nationwide anti-union push is moving to New Hampshire, where the state legislature is considering right-to-work legislation once again. The proposed legislation would significantly curtail unions’ power in the Live Free or Die state. And proponents of the measure in the state, like their counterparts in Indiana and elsewhere, tout the bill as a way to promote economic growth and deal with the state’s jobs problem. Yet, many experts, business owners and promoters of economic development say that the proposed legislation would be unlikely to create jobs or persuade new businesses to open in New Hampshire. In fact, some say, it could hurt the state. Hampshire is tied for having the the nation’s fourth lowest unemployment rate, at 5.1 percent. On Thursday a new right-to-work bill sponsored by Republican Rep. William Smith and others was debated in a hearing. ” This is not an anti-union bill — it’s a pro-union member bill,” he said. “I’m sorry to see it come back,” said Peter Church, who has owned and operated a printing shop in Manchester, N.H., for 21 years. “It’s not something that New Hampshire needs. It’s certainly not something that anyone operating a business in New Hampshire wants.” Last December, New Hampshire conservatives failed to overturn Democratic Gov. John Lynch’s veto of similar legislation . State Republicans call the veto a failure for job growth. “The many companies who have expressed their interest in considering moving new jobs to New Hampshire if we are a right-to-work will not bring relief to the nearly 40,000 unemployed workers across the state,” William O’Brien, the Republican speaker of the state House, said at the time, in a statement. “We have missed an opportunity to grow our economy and help our citizens.” The proposed legislation would prevent union contracts at private sector workplaces from requiring employees to pay dues. A slew of related bills are in the works that also seek to curb union power in the state. Supporters frame the issue as one of “freedom of choice” — that workers should be allowed to choose whether they want to pay dues to a union. But in New Hampshire, some employers don’t want the government dictating how they interact with their employees. “I really resent the state government spending all this time trying to come up with rules and regulations that tell me how I can or cannot negotiate collective bargaining with my employees,” Church said. Church, who employs 13 unionized workers, said there is nothing in the legislation that might encourage him to hire more. The main thing that would promote hiring is an increase in demand for products, he said. Some economic experts have raised concerns that a right-to-work law might slow economic growth rather than speeding it up, in part by cutting into workers’ earnings. A recent study by the Economic Policy Institute, a labor-backed research center, found that for both union and nonunion employees in right-to-work states, wages were $1,500 less per worker each year, after considering cost-of-living and other factors. A working paper by economists from the University of Nevada and Claremont McKenna College concluded that average wages for nonunion workers dropped 4.3 percent as a result of right-to-work legislation. The study looked at a right-to-work law’s impact in Oklahoma , which enacted such legislation in 2001. Right-to-work activists say that lower wages — and weakened unions — are part of the appeal of the law. “The unions typically demand higher wages, so this would provide companies more cost-effective opportunities to bring employees on,” said Dan Duncanson, president of Technical Employment Services, a New Hampshire-based staffing firm. Studies in Oklahoma have shown that lower wages have not spurred employers to hire more. In Oklahoma, employment in manufacturing has declined , even as manufacturing productivity has improved, according to Oklahoma Council of Public Affairs, a conservative think tank. A separate council study concluded that Oklahoma has been losing more jobs to out-of-state migration than it has gained since the 1980s. Those involved with the daily business of economic development in New Hampshire say that right-to-work laws fall very low on the list of reasons an employer might consider when decided to relocate. George Bald, commissioner of New Hampshire’s Department of Resources and Economic Development, says in his scores of conversations with business owners over the years — many who have been considering moving to the state — right-to-work measures have simply not come up. “I just never have had a company ask me about it or tell me that the issue of right to work is a major factor in relocating,” Bald said. Factors that Bald cited as considerations by employers include a state’s education system, the availability of qualified employees, the digital infrastructure, the tax structure and the quality of life. “We’ve never seen evidence that passing right-to-work legislation has been a job creator, and this is why we really see this as an attempt to undermine unions in general,” said Zandra Rice-Hawkins, director of Granite State Progress, a progressive advocacy organization based in New Hampshire. “They’re doing this for ideological reasons alone, and it would roll back workplace protections that we have fought for for decades.” Alan Tonelson, a research fellow at the U.S. Business & Industrial Council Educational Foundation, a nonprofit research organization with nearly 2,000 members including small- and medium-size manufacturers, said that the right-to-work issue has yet to come up as a subject of concern. Rather, high taxation is a frequent source of complaints. “There are many factors that affect the attractiveness of a particular state as a location for manufacturing, and the existence of right-to-work laws can be one, but it’s not the only one.” Rep. Smith could not immediately be reached for comment.

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North Dakota Walmart Evicts Workers Living In Parking Lot

February 9, 2012

Apparently one Walmart isn’t cool with people squatting in its parking lot. Dozens of workers who have flocked to Williston, North Dakota to benefit from the region’s oil boom have been living in tents and trailers for months outside of a local Walmart, but last Monday, the retail chain’s management told the squatters to go or be towed, The Bismarck Tribune reports . Lines of RVs accommodated workers shoulder-to-shoulder but after receiving a variety of complaints, including from female customers who said they feared walking through the camp to shop, Walmart officials say they’ve had enough. “It’s just not appropriate for people to be living in our parking lot,” Walmart spokeswoman Kayla Whaling told The Bismarck Tribune . And it seems that the town’s residents agree. “Walmart is hell. You just don’t want to go there,” said one member of the Nehring family, a group of sisters who have been featured in a reality TV show Boomtown Girls that’s being shopped to networks like TLC and MTV. “You can’t find anything because it’s all cleared out,” another Nehring sister explains. The camp is just one result of a huge population influx into Williston, thanks to a promise of plentiful — and well-paid — work in the oil industry. North Dakota currently boasts the lowest unemployment rate in the nation at 3.3 percent. No doubt because of that, housing has become scarce in the town and the apartments that are available have seen huge jumps in rent , with prices sometimes increasing threefold. More than 1,000 longtime Williston residents have abandoned the town in the past two years due to crowding and the boost in living expenses. The oil rush has had other negative impacts as well. Drunken bar fights have become more common as workers try to blow off steam after long hours. Charges of Driving Under the Influence have also grown more typical, while instances of theft more than doubled in 2011 compared to the year before. Exotic dancing has also become a thriving industry in the town, with some strippers making up to $3,000 per night in tips alone . The popularity of the clubs may be due in part to the low ratio of women to men in the town, which may explain why some are “feeling like a piece of meat” in Walmart’s parking lot, as one Nehring sister put it.

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GOP Crafts Plan To Kill Obama Birth Control Rule

February 9, 2012

WASHINGTON — The Obama administration’s rule requiring most employers’ insurance plans to pay for birth control with no co-pay for employees has infuriated conservatives at the annual Conservative Political Action Conference, renewing the calls for repealing health care reform. Rep. Steve King (R-Iowa) told The Huffington Post that Congress needs to try to reverse Obama’s decision, which has caused a firestorm among many conservatives because religiously affiliated groups are not exempt from the rule. King suggested killing it by attaching a measure to a piece of must-pass legislation, such as the upcoming Surface Transportation Bill. “If the president vetoes it, then we’re back to square one,” he said. “So if it goes on a piece of must-pass legislation like maybe a Surface Transportation Bill, there’s a chance that the president will sign a bill like that. I’m going to let others push on that strategy — Surface Transportation Bill or some other must-pass piece of legislation.” The new rule stems from the Affordable Care Act. Most women employed in the U.S. will have the cost of their birth control covered with no co-pay , effective Aug. 1. The rule exempted employers, including churches and other places of worship whose primary purpose is imparting religious beliefs. But many religious groups argued it was too narrow and should apply to religious-affiliated organizations as well. The Obama administration disagreed, but gave these employers an extra year to comply with the new law. Ultimately, King added, Congress needs to push for the repeal of health care reform, where the new rule originated. “This is the president’s decision, made by Kathleen Sebelius,” said King, referring to the secretary of Health and Human Services. “This decision was not made at HHS. It was made in the White House. Barack Obama made this decision or approved this decision and the way to rectify it is to repeal Obamacare.” WATCH: Sen. Marco Rubio (R-Fla.) has already put forward a bill that would allow religiously affiliated hospitals, universities and other organizations that morally oppose contraception to refuse to cover it for their employees. He said no decision has been made on the timing of bringing legislation to the floor. Asked if he sees any middle ground with the White House, he proposed letting individual churches choose whether to pay for contraception for their employees. In the House, Speaker John Boehner (R-Ohio) said the House Energy and Commerce Committee is taking the lead “through appropriate legislative channels.” The Senate’s $109 billion Surface Transportation Bill moved to the floor on Thursday. It reauthorizes federal public transportation programs at current levels for two more fiscal years. The broader House bill would cover five years of transportation spending. The House GOP leadership has planned on a Feb. 17 vote . UPDATE — 7:54 p.m.: The Huffington Post’s Mike McAuliff reports that Senate Republicans did end up going with the strategy King mentioned, offering an amendment to the transportation bill aimed at countering birth control regulations under the health care law. They attempted to block the rule before it even took effect by amending the Surface Transportation Bill that the Senate had voted 85 to 11 to start debating. Senate Majority Leader Harry Reid (D-Nev.) took umbrage at the move, saying, “Here is a bipartisan bill to create and save jobs. Every state in the union is desperate for these dollars. But to show how the Republicans never lose an opportunity to mess up a good piece of legislation, listen to this: They’re talking about First Amendment rights, the Constitution.”

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U.S. Bans Health Insurance Company Fine Print, Allows Baffling Terms

February 9, 2012

The Obama administration aims to demystify shopping for health insurance and has created a standard form that explains in plain language without the fine print what plans actually cover. What they couldn’t do was make health insurance itself less complicated, so consumers will still be confronted by baffling terms including “allowed amount,” “balance billing,” and “usual, customary, and reasonable charges.” The health reform law requires insurance companies to use a new document that presents a uniform summary of deductibles, co-payments and other features so consumers can compare one health plan to another. The new rules also eliminate the fine print: insurers can’t use a typeface smaller than 12 points. Administration officials including Health and Human Services Secretary Kathleen Sebelius unveiled the forms Thursday and companies will have to comply beginning Sept. 23. Consumer groups including Families USA and Health Care for America Now praised the policy as an important step that enhances transparency in the health insurance market. These new summaries of benefits and costs will help people choose the right health plans and are a big improvement over the confusing information and marketing material insurance companies currently use, said Lynn Quincy, a senior policy analyst at Consumers Union who helped develop the new form. The “plain language” isn’t always so plain and the jargon-heavy nature of the form underscores that health insurance is complicated. While the administration will require that insurers provide a four-page glossary of industry terms , shoppers will have to contend with terminology that isn’t always easily understandable. “We don’t want to over-promise here about what a form can do laid over top a very complex product,” Quincy said. “We have to wait and see if the new form actually helps people.” The insurance summary can’t be longer than eight pages and includes facts about a plan such as what its deductibles are, whether benefits are capped at a certain dollar amount every year, and if patients need referrals to visit specialists. Though the administration proposed last year that premiums be listed, that requirement isn’t part of the final rule. The monthly price for a health plan, which may not be available until after an insurance company has reviewed a customer’s application, will be provided separately. The form includes examples of medical expenses, such as the birth of a child, so consumers can estimate how much would be covered by insurance and how much would come out of their own pockets. The administration characterizes this feature as a “Nutrition Facts” label for health benefits. The health insurance industry’s top lobbyist said the rule places too heavy a burden on companies and takes effect too quickly. “The final rule requires an almost complete overhaul and redesign of how information must be provided to consumers,” Karen Ignagni, president and CEO of America’s Health Insurance Plans, said in a statement .

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Marc Joseph: Is It Time To Be an Entrepreneur?

February 9, 2012

Open Forum reports that there is an 11% increase in the number of small businesses closing and a 17% decline in the number of small businesses opening. Get Busy Median reports 69% of small businesses survive at least two years, 44% of new firms survive four years and 31% survive at least seven years. The Orange County Register states that new employer businesses has fallen 27% since 2006, which means that startups, which 10 years ago would have created 4.6 million jobs, are only creating 2.5 million jobs now. Also, 10 years ago the average new business opened with 7.5 jobs and today it is 4.9 jobs. Smart Money states that in 2009, there were 552,600 new businesses created while 721,737 small firms closed or went bankrupt. They go on to report that in 2007, 75% of angel funded deals came at the start up stage, while in the first half of 2011 only 39% of companies backed by angels were in the startup phase. This trend is just one more sign of how hard the recession has been on entrepreneurs. This recession has not only hurt sales, sending many small businesses under, it has also obstructed the ability to raise money for the next great idea. So why would anyone in their right mind risk their money and reputation for only one in three chance of being in business after seven years? Bloomberg Businessweek reported this week that the Wal-Mart greeter job, which has been around for 30 years, has been removed from the overnight shift of its stores. Obviously they will be using those hours more productively for tasks like stocking shelves or just eliminating the hours all together. Every generation loses entire job categories — think milkmen. So are today’s entrepreneurs desperate and opening a business because they just can’t find a job? Let’s hope not, because that is almost a guarantee your business will fall into the two thirds that fail. Clearly you need a good idea, product or service before even thinking about opening up your own business. Assuming you have this great idea, then the next hurdle is: do you have the traits to run your own business? Some needed traits include being a self-starter, not getting intimidated easily, being adaptable to change, enjoying competition, being able to address risk, making decisions quickly, and not seeing mistakes as failures. Then you need to overcome the basics of starting a business like cash flow (make sure you have at least six months of savings to live from), time management, a sound business plan and the ability to wear all the hats yourself. Reading all these numbers and knowing you don’t have the equity now in your house to fund a business may be one of the most depressing things you do today. But the optimistic glass half full American entrepreneur doesn’t read these numbers like a normal human being. They say “I am going to be in the one third that succeeds and I am going to make a lot of money doing it”! We are just one small company doing our part to help grow the American dream. The rest of America needs to wake up and bring the small business numbers back to where they were at the beginning of the 21st century. Banks need to actually begin loaning money again to small businesses. The government bailed out the big businesses, and now must focus on building up Main Street again through backing small business loans, giving tax break incentives and giving government contracts to small businesses. The average American needs to support their local small business rather than running to the big box store. The numbers don’t lie. Supporting small businesses is an American team effort and we need to get those numbers back to where they were … together.

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Janet Murguía: Why the AG Settlement is Good for Communities of Color

February 9, 2012

This is a joint blog post with Marc Morial, President and CEO, National Urban League Today, state Attorneys General (AG) announced that they arrived at a $25 billion agreement with mortgage servicers in response to the “robosigning” scandal that broke 18 months ago. When New York AG Eric Schneiderman, California AG Kamala Harris, or Nevada AG Catherine Masto signed onto the agreement for their hardest hit states, it was a clear indication that this is a strong settlement for our families. We at the National Urban League (NUL) and National Council of La Raza (NCLR) celebrate this significant move as one in a series of enforcement steps that are essential to restoring the public’s faith in our housing system. The closure of these proceedings is incredibly important to healing our families and neighborhoods. The entire nation has felt the burden of the enduring foreclosure crisis. Black and Hispanic homeowners have been especially hard hit. One in four Black and Hispanic borrowers in the U.S. lost homes or are at serious risk of losing their homes, more than half the number of White borrowers. Asian, Black, and Hispanic families were 1.7, 3, and 2.2 (respectively) times as likely as White borrowers to receive subprime loans even after accounting for similar credit profiles. Through foreclosures, our families have battled substantial wealth loss, emotional distress, and an uncertain financial future. The AG settlement will bring relief to our families, with approximately $17 billion dedicated to principal reductions. Writing down principal has proven to be a win for both borrower and lender alike, especially when compared with the costs of foreclosure, property maintenance, and a sheriff’s sale for pennies on the dollar. Up until this point, however, servicers have not made it a priority. This settlement and a recent announcement to increase incentives for principal reductions should compel servicers to help families and clear the logjam on write-downs. Also, we are confident that rapid uptake of these new resources will soon generate the empirical information needed to convince naysayers that write-downs are vital to stabilizing the market. We are encouraged by the AG settlement and plan to do everything we can to ensure that affected families have access to these new resources. Finding homeowners is no small endeavor, especially finding those who have slipped through the cracks. Outreach will be an enormous undertaking in its own right and NUL and NCLR hope to deploy their housing programs to seek out eligible clients. Despite the challenges, we believe this AG settlement will set families up for success and will bring true accountability and systemic improvement to our housing market.

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New Users Flocking To LinkedIn

February 9, 2012

SAN FRANCISCO — LinkedIn provided further evidence of online networking’s popularity and moneymaking potential with a fourth-quarter performance that got a glowing review on Wall Street. The results announced Thursday indicate LinkedIn Corp. is playing an increasingly influential role in the employment market as millions more people post their resumes there. The professional-networking service has been turning into a digital rolodex for headhunters and job seekers alike. LinkedIn added another 14 million profiles during the final three months of last year to bring its total membership to 145 million. Meanwhile, more companies have been paying to get additional access to LinkedIn’s membership as the U.S. economy has been steadily adding jobs in recent months. LinkedIn gets more than two-thirds of its revenue from fees it charges companies, recruiting services and other people who want broader access to the profiles and other data on the company’s website. The rest comes from advertising. The trends helped LinkedIn fare far better than the company’s own management and analysts had predicted. The pleasant surprise came a day after online coupon distributor Groupon Inc. raised investor doubts about young, rapidly growing Internet companies by announcing an unexpected fourth-quarter loss. LinkedIn’s numbers seemed to lift spirits; the company’s stock surged more than 8 percent late Thursday. The ebullient reaction may bode well for an upcoming IPO from Facebook Inc., which has built an online network of 845 million users by focusing on family and friendships instead of career advancement. Facebook filed papers last week for an initial public offering of stock. It’s expected to be completed in May or June. The IPO is expected to value Facebook at $75 billion to $100 billion. LinkedIn, which is based in Mountain View, Calif., has emerged as one of the stars from last year’s crop of Internet IPOs. During the first nine months of trading, its stock has remained well above its IPO price of $45 and is moving upward again. The stock rose $6.44, or 8.4 percent, to $82.83 in extended trading Thursday after the release of results. LinkedIn earned $6.9 million, or 6 cents per share, during the final three months of last year. In 2010, the company had income of $1.6 million, or 3 cents per share. It’s not directly comparable because LinkedIn’s outstanding shares have ballooned since its IPO in May. Before figuring the net income credited to shareholders, LinkedIn’s net income for the latest quarter increased 30 percent from $5.3 million If not for certain accounting items unrelated to its ongoing business, LinkedIn said it would have earned 12 cents in the fourth quarter. That figure topped the average estimate of 7 cents per share among analysts polled by FactSet. Revenue more than doubled from the previous year to nearly $168 million – about $8 million above analyst estimates. Management’s projections for the first quarter and full year also called for revenue above analyst forecasts.

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Clay Farris Naff: Jesus Concerned About The Poor? You Must Be Joking, Says The Christian Right

February 8, 2012

When President Obama used the occasion of the National Prayer Breakfast to say that for the fortunate to pay a little more to help the less fortunate “coincides” with Jesus’ teachings, he must have touched a nerve. How else to explain the volcanic eruption of hate that has spewed from the right in response? Exposure to the pyroclastic flow of rightwing political lava for more than a moment can cause severe brain tissue burns, so I’ll offer a few quick samples. Geoff Ross, a retired naval man and self-styled president of the Rogue Patriot Group, writes: I am correcting the record, Sir. You [are] a degenerate immoral hack that has no values or moral fiber or glue. … It is not your job to give Americans a fair shot at anything. It is up to us Americans to be able to go out and find prosperity and happiness and financial independence. It is you sir with your BOOT on the neck of this nations carotid artery that is shutting off blood flow to freedom and liberty we used to enjoy. When you remove your boot then we will prosper. … You stated Mr. President “Living by the principle that we are our brother’s keeper. Caring for the poor and those in need. These values are old. They can be found in many denominations and many faiths, among many believers and among many non-believers. And they are values that have always made this country great.” You make this statement yet you remove millions of dollars in federal aid from Catholic charities because they refuse to bow down to your demand that they send rape victims for mandatory abortions… Mandatory abortions? I guess they must have been authorized by the Obamacare Death Panels when we weren’t looking. Now, you might be tempted to dismiss the above drivel as just typical Internet raving. But that would be a mistake. For the fanatics of Old Time Religion, this is mainstream stuff. Here’s Fox News regular Steven Crowder: OK, you might say, this guy with his “Obama’s Burning Taxpayer-Funded Incense To Whatever Pagan, Foreign Deity He’s Worshiping” nonsense is just another attention-seeking rightwing rent-a-ranter. But it doesn’t stop there. On the floor of the Senate, Orrin Hatch of Utah took up the cudgels to berate the president about the Gospels. Short version: Hatch blasts the president for injecting a “tax-the-rich scheme” into the prayer breakfast, says the Gospels are concerned about “weightier matters,” and cautions him to remember that only one person ever walked on water. Apparently, in today’s GOP to even mention making a little financial sacrifice to help the poor is to compare yourself to the messiah. See for yourself. Why are the reactions so venomous? The answer, I think, lies in an asymmetry of belief. For mainstream believers across the political spectrum, religion is an important but limited dimension of their lives. It fosters altruism, a sense of community and a reassurance of meaning in their lives. The hotheads of the Christian Right have a completely different orientation to religion. Forget about charity, mercy or love. As far as they are concerned if Jesus said, “Blessed are the poor,” he must have meant in the afterlife. As they see it, this life is all about war. Theirs is a tribal god who bears a remarkable resemblance to the angry, vengeful and often merciless Yahweh of old. The defenders of Old Time Religion see themselves in an existential fight to the finish with Satanic enemies. And clearly they believe that Satan’s plan is to tax them into hell. It is a worldview strangely detached from the Gospels. Otherwise, you might think that when President Obama says , “if I’m willing to give something up as somebody who’s been extraordinarily blessed, and give up some of the tax breaks that I enjoy, I actually think that’s going to make economic sense. But for me as a Christian, it also coincides with Jesus’s teaching that ‘for unto whom much is given, much shall be required,’” it might ring true. But then again, maybe that would come uncomfortably close to reminding them of something else Jesus is quoted as saying, in the Gospel of Matthew: …for I was hungry, and ye gave me to eat; I was thirsty, and ye gave me drink; I was a stranger, and ye took me in … Verily I say unto you, Inasmuch as ye did it unto one of these my brethren, even these least, ye did it unto me. Or this: “…sell your possessions and give to the poor, and you will have treasure in heaven. Then come, follow me.” Or, worst of all, this: “Verily I say unto you, It is hard for a rich man to enter into the kingdom of heaven. And again I say unto you, It is easier for a camel to go through a needle’s eye, than for a rich man to enter into the kingdom of God.” No, that will never do. Better book some TV preacher on Fox News to explain it all away.

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Stanley A. Dashew: How to Succeed in Small Business Even During Hard Times

February 8, 2012

I entered the job market at the height of the Great Depression, and launched my first business in 1950 — five years after the end of World War II. Points of reference: Boomers, this was before color TV and rock ‘n’ roll. Gen Xers, this was before video games and the Internet. Millennials, a “smart mob” would have been an oxymoron. Since then, I have launched a half-dozen successful businesses and been responsible for a score of inventions (and more than 40 patents) in fields as diverse as credit card processing, mining, mass transit, medical equipment and off-shore oil transportation. I’ve also weathered a dozen recessions. You could say that when it comes to free enterprise, I’ve been around the block. A few times. My first piece of advice for those thinking about starting a small business: Don’t wait. There’s never a right time. You might think that the current hard times would be the time to hunker and wait for the passing storm before testing your entrepreneurial mettle. Don’t fool yourself. A tough economy can present as many opportunities for a great — and profitable — business idea as when the good times are rollin’. Here, then, are my five sure-fire steps for becoming a successful entrepreneur, even during hard times: 1. Identify The Problem : What bothers you? I mean, what really grates on your nerves? Chances are, whatever the problem, others feel the same way. I made my first fortune in starting a company that automated the credit card industry, because paper cards were very problematic and really grated on the nerves of bankers. Now, I knew nothing about high finance much less retail, but beginning in 1957 I began reading about new-fangled “charge cards” that some banks were beginning to offer their customers. And when I began talking to bankers who were offering the cards, what really bothered them was what they were made of: paper. The paper cards would tear and fray, and become difficult to read both at the merchant and bank-processing levels. Yep, I had an early Diner’s Card made of paper and they were exactly right. Rightly so, banks also were predicting a huge market for credit cards so they wanted a way to issue cards in large volume at low-cost and then be able to maintain faster files and accounts on the state-of-the-art technology at the time: IBM punch cards. Bing! Problem identified. 2. Find The Fix : In the case of credit cards, the solution was clear: Create durable credit cards with data lines such as account number and expiration dates, name, street, address, city and state. Like the Dustin Hoffman character in the movie The Graduate , it was revealed to me that the answer to all my problems — well, at least this one – was “plastic.” I had to find a way of creating a plastic credit card. About that time, I had heard through my old contacts at Addressograph-Multigraph (the company that gave me my first job during the Great Depression), that a young man, Dunstan Sheldon, had come up with a plastic material that could be embossed upon. Fortunately for me, my ex-employer was sitting on the idea. I tracked down the material, which hadn’t been patented, and next, set to work devising a way to fulfill the banks’ other requirement. 3. Connect The Dots : OK, problem identified. Check. Material (emboss-able plastic) found. Check. Now what about all that data processing the bankers were wanting for their customers’ credit cards? Here’s where I had to really jump into the skin of a banker and see why this whole processing thing was so important to them. After doing more research, I learned that the flow of credit card paperwork began with the merchant at the point of sales. If that starting point couldn’t be automated, the entire system would fall like a house of (credit) cards. 4. Gather The Troops : OK, I’m not an engineer, but I have some engineering genes in me. Also, I knew some very talented engineers. This is why it is so important to form strategic partnerships with people who have skills which you lack. I hired then to work with me on reproducing and embossing a keyboard embosser that embossed plastic credit cards with their name, account number, and expiration date. This machine was operated by punch cards, one for each customer. It was able to emboss 1,000 cards per hour. We also developed an imprinting machine which imprinted all the information on a plastic card, which was inserted into the imprinter and printed out all the info on the card, and was then signed by the customer. These machines printed account numbers, dollar amount, merchant number and date onto a sales draft that could later be scanned and read by optical character readers. The results were not only faster but foolproof. The problem of human error — caused by sales clerks writing down the wrong information or bank clerks misreading the right information — was eliminated. We used existing technology to build these machines. However, it was the application of this technology in a new way that met the bankers needs that proved decisive. In 1958, Dashew Business Machines received an initial order from 300,000 BankAmericard plastic credit cards and 3,000 imprinters and 1 electronic Databosser to emboss the credit card information on the plastic credit card and from the IBM punch cards. Here’s the takeaway: When you lack the skills or experience to overcome a roadblock to your success, don’t be afraid to ask — you friends, family, existing clients, vendors or colleagues — for help. 5. Roll With The Punches : Business looked good for Dashew Business Machines in 1958, if only all the players remained in place. Of course, they did not. Joe, the Bank of America executive who had helped me secure my deal, was out. He lost his bid to be president and along with his departure, we were shown the door. And the final kick in the pants was that we had just ordered costly parts for 10,000 credit-card imprinters in anticipation of the millions of BankAmericards we were going to be making. Rather than throw in the towel (and I did think about it, more than once), I eventually came up with what I thought was a pretty original strategy. I hired Joe, now newly unemployed, to find a way of creating an entirely new credit card that could be used nationwide — an ‘unheard of’ concept at a time when bank charge cards, like banks themselves, were restricted by law to do business in only one state. It was an enormous undertaking and truth be told, we never accomplished it. (The first “national” credit card would not emerge until 1966 with MasterCharge, which would later become MasterCard.) But something even better happened. While speaking with Chase Manhattan Bank (now Chase Morgan), Joe got us a deal to take over its failing charge card operations. Chase was, and is today, such a blue-chip brand name in the banking industry, that it was relatively easy to raise financing on Wall Street to cover the deal. And here’s the cherry on top: Soon, American Express came calling and bought the company we had created to handle the Chase operations. The deal called for cash and a generous amount of Amex stock. Within a year, following the successful conclusion of a lawsuit, Amex stock skyrocketed. It was now 1965, and I was in the thick of the revolutionizing the financial habits of middle America. It was BIG and we knew it.

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House Dems: Drilling Fines Are ‘Pocket Change’ For Oil & Gas Companies

February 8, 2012

WASHINGTON (AP) — Federal policing of oil and natural gas drilling on public lands is lax and inconsistent, with only 6 percent of violations resulting in monetary fines over 13 years, House Democrats said in a report Wednesday. Fines over that time totaled less than $275,000, an amount that the Democratic staff of the House Natural Resources Committee characterized as little more than “pocket change” for oil and gas companies. The report said federal regulators issued no fines in the period studied, February 1998 to February 2011, in eight of the drilling states. The report, obtained by The Associated Press before its public release later Wednesday, said the government does little to ensure accountability or protect the environment, even as drilling on federal land has increased in recent years. The increase is driven in part by hydraulic fracturing, or “fracking,” a drilling technique that has allowed companies to extract oil and gas long locked underground. The report focuses on drilling activity that occurred on federal land in 17 states during three administrations, two Democratic and one Republican. A total of 2,025 citations for safety and drilling violations were issued to 335 companies, the report said, with 64 companies fined a total of $273,875 “It would be an overstatement to even call these fines a slap on the wrist. For oil and gas companies making billions from drilling on America’s public lands, this kind of inadequate oversight and enforcement is little more than a pin prick,” said Massachusetts Rep. Edward Markey, the committee’s top Democrat. Markey and Rep. Rush Holt, D-N.J., requested the report. “American citizens and workers should feel confident that oil and gas companies are conducting business in the safest manner possible, and when they don’t, that the U.S. government will step in and make sure they pay the price for their actions. This report indicates that confidence in the oversight of drilling on public lands should be limited, at best,” Markey said. The Obama administration is considering new rules for fracking at oil and gas wells on federal land. President Barack Obama said in his State of the Union speech last month that the Interior Department will require energy companies to publicly disclose chemicals used in drilling for natural gas on public lands. Federal rules for fracking on public lands are set to be released in a few weeks. Adam Fetcher, a spokesman for Interior Secretary Ken Salazar, said the department received the report Wednesday and will review it. At Obama’s direction, Interior is taking additional steps to ensure that domestic energy resources are developed safely and responsibly, “including measures to enhance public confidence in hydraulic fracturing on public lands, Fetcher said, referring to the new fracking rules expected in a few weeks. “It is essential that the public have full confidence that the right safety and environmental protections are in place,” Fetcher said. Officials said several large penalties have been assessed recently against drilling companies, including a $2.1 million civil settlement last year with Denver-based Berry Petroleum Co., after an employee disabled production gauges that could have affected royalty payments on more than 150 Utah oil wells. In fracking, millions of gallons of water, sand and chemicals are pumped into wells to break up underground rock formations, allowing oil and gas to escape. Energy companies have greatly expanded their use of fracking as they tap previously unreachable shale deposits, including the lucrative Marcellus Shale formation in Pennsylvania, New York and neighboring states. The drilling practice has also attracted increased attention from Congress and regulators, as private groups and government agencies research whether it poses a danger to drinking water. The report found that more than 2,000 violations were handed out by the Interior Department to oil and gas companies drilling on federal land. Of these, 549, or 27 percent, were classified by committee staff as a major environmental or safety violation. More than half the major violations stemmed from a nonfunctioning or missing blowout preventer, the same device that failed in the BP oil spill in the Gulf of Mexico, the report said. A total of 113 major violations cited inadequate well-casing or cementing, another problem that occurred in the BP spill. Onshore, well-casing and cementing are a key defense against groundwater contamination. On at least 54 occasions, oil and gas companies began drilling on federal land before receiving formal approval to do so, the report said. Despite those problems, monetary fines were rarely issued, the report said. In eight states — Alaska, Arkansas, Louisiana, North Dakota, Nevada, Ohio, South Dakota and West Virginia — no fines were issued for the period studied. Thirteen companies were cited for at least 30 violations over the period studied, topped by Oklahoma-based Williams Production RMT Co., which received 98 citations and seven fines totaling $6,000. Colorado-based Encana Oil & Gas Inc. received 63 citations and four fines totaling $11,000, while Texas-based Anadarko E & P Co. received 61 violations and one fine totaling $5,000. ___ Online: House Natural Resources Committee: http://naturalresources.house.gov/ ___ Follow Matthew Daly: Twitter.com/MatthewDalyWDC

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Dennis M. Kelleher: More Unconscionable Wall Street Whining

February 8, 2012

I can barely write this as tears for the poor, picked-on Wall Street bankers fill my eyes as they are comforted by Obama’s campaign manager, who reportedly met yesterday with his big donors on Wall Street. Until we fix the sickening campaign finance system, I don’t like, but I understand that all fundraising politicians have to raise money and meet with donors and I understand why the campaign manager did, but how anyone on Wall Street could feel picked-on by Obama is beyond reason. Every single Wall Street bank would have been bankrupt, broken up and/or liquidated in 2008-2009 due to their recklessness, greed, incompetence and arrogance. The only reason that didn’t happen is because the US government, with taxpayer dollars, bailed them all out and, indefensibly, did so with no strings attached so they quickly began stuffing their pockets with billions in bonuses in mere months. Most of these “demoralized” Wall Streeters would have lost everything: their bank accounts, their multiple homes at the world’s hottest locations, their many sports cars, Italian designed wardrobes, yachts, club memberships, jets, helicopters, cooks and legions of house help and personal assistants and everything else they purchased with the tens of billions of dollars they sucked out of the economy as they created the bubble of toxic, worthless assets in the years before the financial collapse that they caused. True, they didn’t create it alone, but, in the hierarchy of those who caused the financial crisis, any fair-minded, unbiased list would put them at the top. That is particularly true if one looked at who benefited the most from the bubble and who was treated the best once the bubble popped. No one was treated better before, during and after the crisis that Wall Street. The government didn’t open the treasury and taxpayer pockets with no strings attached for anyone other than the financial industry (compare the demands and concessions forced on the auto industry). Anyone not directly or indirectly on the payroll of Wall Street or their ideological fellow travelers (who are almost all coincidentally also on the payroll) sees this and understands this. They see that no accountability only applies on Wall Street. They see that no-strings bailouts only apply to the already-rich Wall Street bankers. They see the unlevel playing field created and sustained by a federal safety net that looks a lot like a hammock for the filthy rich. (The Wall Streeters and their allies like to say such criticism is an attack on wealth, entrepreneurs and capitalism itself. That baseless, self-serving attempt to distract and distort the debate is laughable. No one is attacking Silicon Valley, Bill Gates, Apple, Caterpillar, Procter and Gamble, Hewlett-Packard, AT&A, IBM or the rest of the Fortune 500 — or celebrities, athletes or other super-wealthy people. No — the criticism is focused on the biggest Wall Street banks and bankers that enriched and engorged themselves at the expense of the rest of the country, that caused the crisis, got bailout out by taxpayers and just can’t stop claiming they are picked on, and that still benefit from a taxpayer-funded federal safety net that subsidizes their current too-big-to-fail operations.) It is also obvious to see that Main Street, not Wall Street, has paid and is paying for the costs of the financial crisis . They see a hollowed-out middle class struggling just to get by, having lost most of their stock value, home value, savings and retirement funds. These are the people living paycheck to paycheck with gnawing insecurity that at any moment it can all disappear and they too could join the ranks of the unemployed and, even, the homeless. Food stamp use is at an all time high and, most tellingly, the ramp up in use is in what used to be solid middle class neighborhoods. The same is true for free and subsidized school lunches. The distinction between the poor and the middle class is evaporating in far too many communities in America. Sadly, hope and the American Dream are also slowly receding from the horizons of too many hard-working American families. And, yet, in the midst of all this pain, suffering and wreckage, Obama’s campaign manager has to go to the oh-so-exclusive “Core Club in Manhatten” to reassure the bonus-bloated bankers that “Obama won’t demonize Wall Street as he emphasizes populist appeals in his re-election campaign ….” As if that wasn’t enough, this was reported to be “the latest in a series of hand-holding sessions.” It was also reported that one anonymous banker stopped going to these meetings because “the actual White House message of locking up fat cat bankers and raising their taxes never actually changes.” Er, ok, could anyone, please, identify a fat cat banker that got locked up? Nooooooooooooooo. There have been none. Not one. THAT actually is part of the problem . They are almost all still right where they were when they were creating the bubble or have departed Wall Street to the comfort of their billions or millions. (And, their taxes remain historically low.) Every single sane employed person on Wall Street should be sending a check to Obama — they would all be an empty shell of themselves but for him and the actions his administration took to stop the collapse of the financial system and our economy. Yet, ignoring all evidence and facts, Wall Street is reported to be “an industry that the White House has thoroughly and repeatedly demonized and demoralized” — what? That’s so ludicrous that it could be a “Seriously” skit on Saturday Night Live . Or an Onion headline. But, no, Wall Street, its bankers and its allies everywhere, including in the media, actually think that Obama has “thoroughly and repeatedly demonized and demoralized” Wall Street. Can they really be that thin-skinned? Can they really be that out of touch with reality? Can they really be that narcissistic to not see their “plight” relative to what is happening to the rest of the country ? Sadly, the answer to all those questions is yes. Wall Street and those who make fact-free assertions from their mahogany-line corner offices, 30,000 square foot mansions and spacious limousines about their plight live in a parallel universe that begins and ends in the mirror they gaze in and apparently mistake for the entire world. Until they look beyond their reflection in the mirror and until one of the titans on Wall Street actually becomes a statesman , then Wall Street’s whining won’t end and no amount of “hand-holding” meetings will satisfy them.

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Taibbi: Why Wall Street Should Stop Whining

February 8, 2012

Everybody on Wall Street is talking about the new piece by New York magazine’s Gabriel Sherman, entitled “The End of Wall Street as They Knew It.” When I read things like this I’m simultaneously amazed by two things.

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The Big Price Of Somali Piracy

February 8, 2012

Though many first think of Johnny Depp when pirating come up, avoiding the real-life bandits of the sea is are multi-billion dollar problem for the shipping industry. Somali pirates cost various governments and the shipping industry up to $6.9 billion last year, according to the One Earth Future Foundation , a non-profit advocacy group. Piracy off the coast of Somalia is both lucrative and common due to its location near the Gulf of Aden, an oil shipping lane that sees about 20 percent of global trade, according to Bloomberg . As a result, the cost to the shipping industry of Somali piracy alone accounts for over half of the total $9 billion in extra costs each year, according to recent figures from the Indian National Shipowners Organization . In 2011, Somali hijackings actually fell 36 percent from the year before, the Financial Times reports . Still, Somali pirates cost the shipping industry billions. Shipping companies pay about $2.7 billion in additional fuel costs to speed up ships in particularly high-danger areas. One Earth Future Foundation reports that no vessel has been hijacked when travelling 18 knots — or about 20 miles per hour — or faster . There may be have been fewer hijackings last year, but piracy in the poverty-stricken west-African nation are still making headlines. Somali pirates have recently shifted tactics to kidnapping people on land , such as travel and surfing journalist Michael Scott Moore, who was kidnapped in northern Somalia last month . However, the tactic may be ill-advised. At about the same time as Moore’s capture, Navy SEAL team 6, the same squad responsible for the Osama Bin Laden’s death , rescued an American woman and Dutch man during a raid that resulted in deaths of eight of their captors. Still, employees working on oil tankers and cargo ships remain at substantial risk, so much so that employers pay an additoinal $195 million each year to compensate them for taking on the danger. Shipping industry workers also endure a variety of other dangers on the job. In addition to the risk of running aground — a danger that the workers on the New Zealand cargo ship Rena know all too well — workers also face the possibility of exploding shipping containers.

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Super Bowl: Online Viewership Ratings Are In

February 8, 2012

The 2,105,441 viewers who watched NBC’s first live stream broadcast of the Super Bowl discovered that the Internet experience still can’t entirely replace the television one. And that’s exactly what the network intended. Before NBC shared the ratings for the online broadcast, which set a record for a sporting event, NBC spokesman Christopher McCloskey told The Huffington Post that the live stream was meant to complement the traditional television broadcast, not replace it. Viewers tend to use the best screen in the house, and that’s usually the TV, McCloskey said, citing NBC research. “There’s a small number using [the computer] as a television,” he said. “That’s why we construct it as a two-screen experience.” Viewers watching NBC’s live stream of the Super Bowl got to see all the plays that took place during the game. But they missed out on the commercials that accompanied the network’s TV broadcast and couldn’t watch Madonna’s halftime show either. Given the numbers released Tuesday night, the online broadcast is not yet a threat to the televised version. NBC had little motivation to stray from its previous policy of offering alternative content in its live streaming of sporting events. The strategy reinforces TV’s primacy when it comes to mega-events such as the Super Bowl. It also gives advertisers exactly what they paid $3.5 million per 30 seconds for — the chance to reach a large television audience. NBC will not air the Super Bowl again until 2015, so McCloskey said he wouldn’t speculate on any changes the network might make in the future. Many news outlets reported less-than-satisfied reviews from critics and viewers who watched the Internet version . Instead of the much-hyped line-up of Super Bowl commercials on TV, online users got a running loop of five advertisers. They could, however, click on the TV commercials after their broadcast. “We know that the television commercials are part of the entertainment experience,” the spokesman said. “That’s why we have the on-demand component.” Rather than having the opportunity to view Madonna and M.I.A.’s wayward finger, Internet spectators got NBC Sports’ and ProFootballTalk.com’s Mike Florio, who hosted a halftime analysis show. Asked if NBC was prohibited by law from showing the regular roster of commercials as they aired, McCloskey reiterated that the network designed the streaming as a companion medium. NBC has followed the same online protocol in covering the Olympics, Notre Dame football and Sunday night NFL football, he said. The interactivity, on-demand video and social media connections available online are mostly designed to enhance the broadcast experience, McClowskey said. The idea of viewers using a computer monitor to watch the game because they don’t own a TV or don’t want to pay hefty cable bills is yet another matter that networks might have to tackle more aggressively in coming years. The Nielsen ratings indicated that 111.3 million viewers watched the broadcast of the New York Giants beating the New England Patriots. But in the future, the live stream of the Super Bowl could take on far more prominence. Said McCloskey: “It’s possible that one day the online stream will require its own production.”

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In Minnesota, Missouri, Colorado, Economies Languish As GOP Candidates Vie For Votes

February 8, 2012

When Republicans in Minnesota, Missouri and Colorado cast their votes for presidential candidates Tuesday, many will no doubt have the economy on their minds. Tying the three economies together is government, among the top three employers in all three states. And in all three states, government employment is falling too. Missouri particularly struggled last year, losing jobs while nationwide employment grew. And nearly a third of Missouri’s mortgages are underwater — a larger share than the national average. The state is also less confident about the future of the economy than 35 states. Though Minnesota and Colorado’s economies are doing better than average, they are still far from healthy. Minnesota’s home prices plunged 20 percent over the past five years. And Minnesota’s unemployment rate is lower than the national average largely because of slow population growth, said Troy Walters, an economist at IHS Global Insight. Coloradans may feel a bit wealthier than the nation as a whole since the same housing bust has not been as severe there. Home prices have fallen just 5 percent over the past five years, and 16 percent of Colorado mortgages are underwater — far below the national average.

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Banks Paying Homeowners To Sell Houses, Avoid Foreclosure

February 7, 2012

Some struggling homeowners are getting paid by banks to sell their houses and stave off foreclosure. Many banks, including JPMorgan Chase, are offering delinquent borrowers as much as $35,000 to sell their houses for less than they owe on them, Bloomberg reports. Some banks are finding the transactions to be more cost-effective and efficient than the complex and multi-stage foreclosure process. The attempt to clear the deluge of delinquent properties awaiting foreclosure echos others, including so-called “cash for keys” programs in which banks pay homeowners and renters to vacate their homes without an eviction. Banks have had to get creative in dealing with a massive foreclosure pileup that confronts them. Overall, foreclosure filings fell dramatically last year in large part because banks were hesitant to rush the process , after investigations into robo-signing practices, which sped up foreclosures, indicated abuse. The foreclosure process now takes nearly triple the amount of time that it did in 2007 , according to LPS Applied Analytics. The extended time period for foreclosures means that millions of properties are sitting in the pipeline and weighing on home values. Homes that are in foreclosure drive down property values twice as much as vacant properties , according to an October study by the Cleveland Federal Reserve. The Justice Department lent support to another means of avoiding foreclosure last month. The agency argued that foreclosure mediation — or the process whereby struggling homeowners can negotiate with lenders so they don’t lose their homes — is worthy of a government boost in research and possibly funding . Ben Bernanke also lent his two cents on how best to fix the housing market last month, when he published a paper saying that relying heavily on foreclosures to deal with delinquent borrowers is “costly” and “inefficient” for the housing market. Foreclosures “can result in ‘deadweight losses,’ or costs that do not benefit anyone, including the neglect and deterioration of properties that often sit vacant for months (or even years) and the associated negative effects on neighborhoods,” the paper said . Bernanke also floated some alternatives including combing a deed-in-lieu — or a program where homeowners return their house to lenders without going into foreclosure — with a rent-back agreement. The Home Affordable Modification Program, an aim touted by the Obama Administration in February 2009 as having the ability to help 3 to 4 million homeowners modify their loans and avoid foreclosure, has only netted nearly 1.8 million trial modifications for homeowners so far, according to a recent government report.

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Liz Ryan: How to Help a Hiring Manager Remember You After the Interview

February 7, 2012

“My gosh, Liz,” said my friend Kortney, “I’m six feet off the ground.” “What’s the story, Kort?” I asked, and she said “I just came from the greatest job interview ever. The manager and I really connected. He loved my thinking and vice versa. It was like interview nirvana.” “This is magnificent news!” I said. “Let’s write a thank-you letter right now. We want to imprint a huge KORTNEY message in this guy’s mind.” “Imprint?” she asked. “This manager and I are tight. We solved half the world’s problems in a two-hour interview. I’m sure I’m getting the job.” Kortney waited a week and heard nothing. She started to get antsy. On the 10th day after her interview — the conversation she had left with the boss’ words “I can’t wait to talk again” ringing in her ears — she called the guy. He picked up the phone. She told me later, “I got the worst feeling in the pit of my stomach as we talked and I realized he had no idea who I was.” There’s a happy ending — Kortney got back on track with the manager, and is moving through the process now. The incident jarred her into a realization she’d always understood deep down, but hadn’t thought about consciously before: namely, the realization that people are goldfish. Their minds are like steel traps sometimes, and like sieves the rest of the time. The same guy who spent a rapt two hours with Kortney completely forgot her name, her story, and her amazing problem-solving skills just a few days later. Let’s be easy on the guy: he had plenty of other fish to fry. Undoubtedly, he left the interview thinking Kortney was a terrific candidate, but the next day he met someone else, and then someone else after that. Too much data in too little time creates overload conditions, and when that happens, all bets are off. I’m looking at a hoodie right now. It’s draped over the back of my chair. I bought it last year at Target, for my eight-year-old. There’s absolutely nothing wrong with it; it’s a standard kid’s hoodie. I remember when I bought it. My 17-year-old daughter was with me. “Look at that hoodie,” I said to her that day. “Your brother would love that.” Target had just brought in some new Spring merchandise, and my son’s hoodie on the rack looked like something I couldn’t live without. The colors were bright, and different from the colors in the store at my last visit — Target had changed its lineup of Spring fashions. What fun! A year later, it looks like just another hoodie to me. “Mom, you are truly invertebrate,” scolded my daughter. “Look! Shiny colors! All Target has to do is put some bright-colored thing on the rack, and my mom throws it into her cart.” “Don’t hate,” I said, and snapped up some irresistible chili-red bath towels. People are limbic nerves wrapped in frontal-lobe’s clothing, and the sooner we realize it, the better. That hiring manager didn’t make a conscious decision to wipe all traces of Kortney’s existence from his mind. He just forgot. If we realize that the people who meet us and even brainstorm with us in the fast-paced interview pipeline are all but certain to forget us shockingly quickly, we won’t get affronted when the inevitable failure-of-recollection takes place. We can build it into our planning. It’s no big deal to be forgotten, as long as you’re ready for it and can adjust accordingly. It happens to all of us. I found one of my dearest summer-camp-mates on Facebook, and sent her a friend request. “Did we go to camp together?” she asked in reply. She couldn’t remember me. We slept in the same cabin with six other girls for five years running. My name is the same as it was then. That’s okay. I withdrew. A year from now, she’s likely to write “Say, did we go to camp together?” At times I struggle to put names to my own children, so how could I blame my old friend for a little memory lapse? In a job interview situation, we can’t assume that a great interview will lead to a job offer. We have to stay top-of-mind for a hiring manager. In a thank-you letter, the very first thing we must do is bring ourselves back to mind for the recipient. We do that by mentioning a specific conversation the two of us had (about model cars, or Beyonce’s baby, or who knows what). I’ve heard hiring managers confess “I just spent twenty minutes talking with a brilliant applicant, one of the four people I met last Friday. The whole time we talked, I was trying to remember which guy it was. He told me his name when he called, and I had his resume in front of me — but I couldn’t get the face back, or the guy in general. It was awful!” That unfortunate candidate spent twenty minutes on the phone, certain he was winning big points for his sparkling observations on the hiring manager’s issues. But he got no bounce from that pithy conversation, because the hiring manager couldn’t match the guy on the phone with the memory of a person he’d met the week before. It’s easy to overlook the fact that until the manager has you firmly back in mind (your face, your voice, and your back story) you can’t advance in the selection pipeline. You can’t even make points for brilliant observations on the telephone. Don’t take a hiring manager’s memory for granted. Keep your brand and story front and center in every interaction. Maybe the hiring manager made a comment about you at some point, or maybe you’ve noticed that he thinks of you in a certain way (“the ex-Navy guy” or “the guy with the supply chain background,” for instance). If so, use that. When you write to the hiring manager at any point in the selection process, start with “Dave Smith here — the Navy guy.” You’d be amazed how that quick descriptor cuts through the fog that plagues every overstressed hiring manager. Seeing yourself through another person’s eyes and helping the other person snap you back into focus isn’t just useful in job-hunting. It’s good training for lots of situations. As long as we’re living among goldfish disguised as humans, we may as well get used to communicating the way (or at least we’ve always imagined) our fishtank-dwelling fellow creatures do.

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Man Who Exchanged Car Title For Heat Spurs $100,000 In Donations

February 7, 2012

When retired Maine resident Robert Hartford handed over the title to his 16-year-old Lincoln Town Car in exchange for heating oil to prevent him and his disabled wife from freezing, he didn’t expect the outpouring of generosity that would follow. But Dan Barry’s article that appeared on the front page of Saturday’s edition of The New York Times struck a chord with readers across the country, many of whom immediately wanted to help. According to the Lewiston Sun Journal , Ike Libby, the struggling business owner of Hometown Energy in Dixfield, Maine, says the company has received over $100,000 in donations to help the heat homes of their impoverished customers. “I didn’t expect this to happen,” Libby told the Lewiston Sun Journal . “You can’t even put it into words. America’s got a heartbeat and we are hearing it.” Cutbacks have reduced the budget for the federal Low Income Heating Assistance Program (LIHEAP) from $56.5 million to $39.9 million. As a result, many people living in cold climates depending on aid from the program have been struggling to keep up with heating oil expenses this winter. Nevertheless, Libby has helped the Hartfords and many other Maine families struggling to stay warm by delivering oil to people he knew couldn’t afford their bills. Now, thanks to the donations, he’s been able to set up a fund to help cover the costs , according to the Associated Press. “I haven’t always looked out for the best interest of the business, but you know what this has been great,” Libby told WCSH , referring to the donations. The Hartfords have also received donations directly, along with having their house fitted for energy efficient insulation by Josh Wojcik of Upright Frameworks , according to the Lewiston Journal . Those interested in donating to the heating oil trust can contact Hometown Energy at (207) 562-8822 or mail checks to Hometown Energy at P.O. Box 485, Dixfield, ME 04224. Donations are also being accepted online via Hometown Energy’s website .

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Journalist Recovers Video Of Arrest After Police Deleted It

February 7, 2012

A Miami journalist has recovered video of police officers arresting him after it was deleted from his camera. The man was covering a police effort to evict Occupy Miami protestors. He plans to file a complaint with the police department and with the United States Department of Justice.

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Many With Only High School Degree Laid Off During Weak Recovery

February 7, 2012

For many in the United States, the two years since the end of the recession have been worse than the downturn itself. Among those Americans with only a high school degree who have lost a job since 2007, a third became unemployed after the official end of the recession, according to The Washington Post . It’s a troubling statistic in its own right — job seekers without a college degree are having serious difficulty finding work in the current market, and the unemployment rate for high school graduates is more than twice that of college grads — but it also underscores the fact that, for many Americans, the recovery hasn’t felt very different from the recession that preceded it. Economists consider the Great Recession to have ended in the summer of 2009, nearly three years ago. That’s the point when the economy stopped outright shrinking and began growing again . But the subsequent period of modest expansion has been marked by job cuts, uncertainty and a gradual erosion of financial security for many Americans. These conditions are expected to remain pronounced for a long time to come. U.S. employers cut 529,973 jobs in 2010 , according to the outplacement company Challenger, Gray & Christmas. In 2011, that number rose to 606,082 . At the same time, wages and benefits barely grew , with the high jobless rate giving employers little incentive to pay workers more. Today, there are still nearly 13 million Americans looking for work. It’s not that life has gotten much better for those with a job either. All together, median household incomes have now fallen more in the recovery than they did during the recession. Meanwhile, as many as 49 million Americans live in poverty — a record high — and almost half the households in the country lack the kind of savings necessary to weather a financial emergency. People without a college degree are having a particularly difficult time finding work , but they’re not the only demographic hard hit by the crisis. The unemployment rate among very recent college graduates is well above the national average . While Baby Boomers account for a huge percentage of the long-term unemployed . And African-Americans have a jobless rate of 13.6 percent — more than five percentage points above the national level.

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Pregnant And Fired

February 7, 2012

Amy Zvovushe, 31, had a new job (as a senior program manager at a marketing company in Connecticut) and a new baby on the way. But instead of colleagues sending congratulatory cards and putting stork decorations on her desk, Zvovushe says that when she announced her pregnancy at work, she was asked to resign. The company didn’t offer her maternity leave because she had only worked there for four months, and the federal Family Medical Leave Act says employees must work for a full year to be eligible. After she got this news, Zvovushe had a later conversation with human resources. ABC News reports that she recorded this discussion without telling them, and caught several alarming statements on tape. For example, the executive said: “You don’t receive protection under FMLA so technically if you don’t come to work… it doesn’t matter whether you’re having you’re appendix out or you’re having a baby or you’re dealing with a sick person you didn’t show up for work on Monday.” Zvovushe’s attorney, Jack Tuckner, then contacted the company to straighten out the situation, and likely because Zvovushe had the HR rep’s harsh words recorded, they agreed to grant her leave to care for her baby. “Because they were able to fix it, they say no harm, no foul,” her attorney said to ABC. But Zvovushe is only one of many pregnant woman discriminated against at work. In the U.S., women are fired every day for being pregnant , Dina Bakst, a lawyer and founder/president of A Better Balance: The Work and Family Legal Center wrote in a recent Op-ed for the NY Times. She blames the gap between discrimination laws and disability laws for the injustice. Federal and state laws ban discrimination against pregnant women in the workplace. And amendments to the Americans With Disabilities Act require employers to provide reasonable accommodations to disabled employees (including most employees with medical complications arising from pregnancies) who need them to do their jobs. But because pregnancy itself is not considered a disability, employers are not obligated to accommodate most pregnant workers in any way. Considering three-quarters of the women who enter the work force will become pregnant, Bakst calls for action. She highlights New York State Senator Liz Krueger and Assemblywoman Aileen Gunther of Sullivan County who have introduced legislation that “would require employers to provide reasonable accommodations for pregnant women whose health care providers say they need them.” Some states have made significant progress. According to NY Times, “as of 2010, seven states, including California, had passed laws requiring private employers to provide at least some accommodations.” And many companies — including those on Working Mother Magazine’s list of top 100 companies for mothers — work to create flexible, supportive environments for pregnant women, even if the law doesn’t require them to. Jeannette Cox , a law professor at the University of Dayton, is also fighting for pregnant women’s rights in the workplace. She argues that pregnancy should be considered a disability. Though pregnant woman are covered under the 1978 Pregnancy Discrimination Act, some protections under the ADA don’t apply to pregnant women and Cox says it’s time for a change. The Equal Employment Opportunity Commission is scheduled to host a hearing about pregnancy discrimination this month, ABC news reports.

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Bank Loan Rates Could Spike Following Money Market Rules

February 7, 2012

By Karen Brettell NEW YORK, Feb 7 (Reuters) – The cost for banks and other borrowers to raise funds in short-term markets could jump if regulatory proposals for money market funds result in large redemptions in the industry. The Wall Street Journal on Tuesday reported that the U.S. Securities and Exchange Commission was finalizing rules to stabilize the $2.7 trillion money-market fund sector, including a requirement that funds allow their net asset values to fluctuate. The proposals are vehemently opposed by the industry, which says they will effectively kill the business. “As soon as you introduce a floating NAV (net asset value), demand for the product is going to plummet,” said Mary Beth Fisher, an interest rate strategist at BNP Paribas in New York. “You have no additional security by being in a money market fund.” The new rules are designed to reduce risks of the large funds, which suffered an investor run after the collapse of Lehman Brothers in 2008. The run led one large fund’s share value to “break the buck,” which then intensified the crisis, leading to the SEC’s development of the proposed rules in 2009. Fund managers contend that allowing share prices to fluctuate will remove certainty from the investments and increase, rather than reduce, the risk of a loss of investor confidence. Money market funds provide billions in loans to banks through repurchase agreements, commercial paper and other loans. A pullback sparked by investor redemptions or from the funds simply closing down could have large market ripples. Fidelity Investments, the largest money-market fund manager, recently warned regulators that a floating NAV would result in large redemptions, “leading to unintended consequences for the financial markets and U.S. economy.” Shares of Federated Investors, one of the largest money fund managers, fell 3.9 percent on Tuesday on the report. The Pittsburgh-based firm’s Chief Executive Christopher Donahue told the Journal he would sue the SEC if the new rules affect Federated’s ability to do business. European banks were left scrambling for dollar-based funds in the last half of 2011 as money funds withdrew loans, a large factor that led to global central banks coordinating offers of low-cost loans to banks to fill the funding gap. Investors have pulled around $50 billion from money market funds since January 11, according to the Investment Company Institute. That in recent weeks helped increase the cost to finance overnight loans backed by Treasuries in the repurchase agreement market. The cost of overnight repo loans backed by Treasuries traded at around 10 basis points on Thursday after rising to the high 20-basis point area last week. “If there are further fund redemptions, overnight funding for Treasuries will probably go back up,” said Raymond Gilmartin, head of repo trading at Bank of Nova Scotia in New York. A key question is where cash will move if money funds become less attractive. Money funds have won investors who want a guarantee that their money will be returned. Other mutual funds that invest in short-term instruments but do not guarantee the full investment return could gain at least part of the funds. “There’s still a huge amount of demand for short-term liquidity, people will put their money in a T-bill fund instead of a money market fund and not pay the extra fees,” said BNP’s Fisher. Banks, on the other hand, have been reluctant to take large deposits from investors flocking to safety as they need to pay a fee to the Federal Deposit Insurance Corp to insure the deposits. An insurance cap of $250,000 per depositor per bank is also scheduled to come into force in December. “It is unclear how much of the ($1.6 trillion) institutional money held in money funds would ‘go elsewhere’,” Barclays Capital analyst Joseph Abate wrote in a recent report. “Banks are not eager to be on the receiving end of all this cash.”

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Coca Cola Benefits From Price Hike

February 7, 2012

NEW YORK — Coca-Cola reported an effervescent fourth quarter Tuesday, as the company sold more of its drinks globally and its earnings beat analyst expectations. Coca-Cola is benefiting from raising prices in North America, where consumer sentiment is slowly improving, and expanding in emerging markets including Africa and Latin America. “Compared to 12 months ago, there are very early indications that the consumer (in North America) is feeling a little better, with more mobility, travel and eating out,” said CEO Muhtar Kent in a telephone interview with the AP. “That all translates into better business for us.” Coca-Cola Co.’s fourth-quarter net income dropped 71 percent, weighed down by restructuring charges and a difficult comparison with last year’s fourth quarter, when the beverage maker had a hefty benefit from buying its bottlers. But the Atlanta company said Tuesday its adjusted results topped Wall Street’s expectations as it sold more drinks in the U.S. and abroad, particularly in emerging markets. “Even as we believe that global market volatility will continue in the near term, the breadth of our global footprint and the strength of our brands create a resilient business that was built for times like these,” CEO Muhtar Kent said in a statement. Shares of Coca-Cola rose 91 cents to $68.94 in midday trading. Coke also said it will start a cost-cutting program in 2012 to save $550 million to $650 million annually by 2015 in part to help offset continued high commodity costs. Coca-Cola, whose brands include Sprite and Minute Maid, earned $1.65 billion, or 72 cents per share, for the period ended Dec. 31. That’s down sharply from $5.77 billion, or $2.46 per share, a year earlier. But a year ago, the company had a one-time net gain of $1.74 per share, mainly related to buying a bottler’s North American operations. Removing restructuring charges and other items, earnings were 79 cents per share. Analysts forecast 77 cents for the company, according to Fact Set. Revenue increased 5 percent to $11.04 billion. It was helped by higher prices, strength overseas and solid results from the Coca-Cola brand, juices and teas. The figure just topped Wall Street’s $11 billion estimate. Coca-Cola sold 3 percent more of its drinks during the quarter, including a 1 percent gain in Europe and North America and a 4 percent gain in Eurasia and Africa and Latin America. Coca-Cola, which has more than 500 brands including Fanta, Sprite, Dasani and Minute Maid, has weathered the downturn by spending more on advertising, new products and plants. The company, like many, also has turned overseas for growth, particularly emerging markets like India and China. And in North America, it is raising prices and offering smaller package sizes. For the year, net income fell 27 percent to $8.57 billion, or $3.69 per share. That compares with $11.81 billion or $5.06 per share last year. Revenue rose 33 percent to $46.54 billion from $35.12 billion. Global volume grew 5 percent during the year, helped by strength in emerging markets such as Latin America. Coke’s chief rival, Pepsico Inc., reports results Thursday.

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Ben Bernanke: Long-Term Unemployment Crisis Altering Job Market For The Worse

February 7, 2012

Federal Reserve Chairman Ben Bernanke said Tuesday that record levels of long-term unemployment will alter the U.S. job market for the worse for the foreseeable future. Bernanke said at a Senate Budget Committee hearing that the natural rate of unemployment — or the level of unemployment that results when the economy is supporting as many jobs as it can — has risen from about four percent in the early 2000s to more than five percent because so many Americans have been out of work for so long. In the process, they have lost skills and have become less likely to return to work. “We are concerned that over the past few years that there has been some modest increase in the sustainable long-run rate of unemployment,” Bernanke said. “I hope Congress will consider ways to address that problem.” Though the unemployment rate fell to 8.3 percent in January, many Americans have stopped looking for work and have therefore been pushed out of the workforce, perhaps permanently. The labor force participation rate fell in January to 63.7 percent — its lowest level since January 1982. More than 40 percent of those currently unemployed have been without work for more than six months, Bernanke noted. That’s roughly double the share during the housing boom of the early and mid-2000s, he said. That adds up to 5.5 million Americans who have been out of work for six months or more, not to mention three to five million more people who have dropped out of the labor force because they have given up looking for work. Bernanke said that the Fed’s Federal Open Market Committee estimates that the natural rate of unemployment is now between 5.2 and 6.0 percent. The actual unemployment rate in 2006 was just 4.6 percent, and in 2000 it was even lower at 4.0 percent, according to the Bureau of Labor Statistics. The long-term unemployed are in more danger of experiencing years of unemployment because it becomes steadily harder for a job-seeker to find work the longer they’re unemployed. Many employers ask for their applicants to be currently employed , a stipulation President Barack Obama is trying to make illegal. Firms also are less prone to hire the long-term unemployed because of the perception that their skills and professional networks deteriorate while they are out of work. Bernanke has previously warned about the prolonged economic harm of long-term unemployment. In September the Fed chairman called long-term unemployment a “national crisis.” “This has never happened in the post-war period in the United States,” Bernanke said in September. “They are losing the skills they had, they are losing their connections, their attachment to the labor force.” Bernanke said on Tuesday that the Federal Reserve can do only so much to bring down unemployment. “We’re only saying that monetary policy really can’t do much to bring unemployment in a sustainable way below those levels,” Bernanke said of the natural rate. Bernanke said that in order to bring down the natural rate of unemployment further, the U.S. government needs to focus on projects that provide the country long-run value, especially those focusing on education, worker skills, and research and development. “We don’t want to build useless monuments,” Bernanke said. With many more people no longer considered part of the workforce, Bernanke said that January’s 8.3 percent unemployment rate “no doubt understates the weakness of the labor market in a broader sense.”

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Craig Aaron: When Whinosaurs Attack!

February 7, 2012

From the same people who brought you Fear Factor , Temptation Island and When Animals Attack! comes one of the most-shocking-but-true stories of hubris, greed and endless griping imaginable. This is a tale of the vastly powerful but sniveling giants who control your TV, dictate much of our political discourse and get rich doing it — all while evading even the most basic forms of public accountability. This isn’t just another reality show — it’s the reality of what’s airing on every local TV station. And as far as station owners and their lobbyists are concerned, their business is none of yours. Broadcasters have pocketed gazillions over the years while using the airwaves free of charge. In exchange, they’re supposed to serve the public interest with programming that reflects community needs. But the Federal Communications Commission’s modest attempts to hold broadcasters to their end of the bargain are being met by a teeth-gnashing, fire-breathing rhetoric… and pitiful mewling about how hard it is to use a computer. But like so many of the reality stars before them, these whiny media dinosaurs — or whinosaurs for short — have no shame. A Series of Rubes So what kind of onerous government inquisition has drawn the whinosaurs’ ire? Well, the FCC has asked broadcasters to put the “public files” every station is supposed to keep upon the Internet, so it’s easier for people to view them. While nearly every other industry has found electronic record-keeping to be a better way of doing business, broadcasters are desperately clinging to their dusty file cabinets. They’re actually claiming, in the year 2012, that putting this basic information online — in other words, PDF-ing a document and posting it to the Web — is far too laborious. Somehow, these broadcasters, who have managed to make pictures fly through the air and into your living room for 70 years, are still relying on paper records and perhaps abacuses. Their arguments basically boil down to: “Keep your newfangled Google machines out of our buildings.” It’s ridiculous. As a coalition of public interest groups recently wrote to the FCC: “Those broadcasters that continue to rely solely or primarily on handwritten documents and manual updating of political files would do well to reevaluate their business practices with an eye to joining the modern world.” Steve Waldman, the main author of last year’s exhaustive FCC report on the future of media, has been the leading voice in favor of the FCC’s proposals and against the whinosaurs. “The rest of the world has figured out ways to use the Internet to reduce workload and cost,” Waldman recently wrote on the Columbia Journalism Review website . “I’m not sure the broadcasters want to take the position that they will be the one industry that can’t possibly be expected to use the Internet to improve efficiency.” Back in the USSR The FCC is also pushing broadcasters to put records of political ad buys online — records the stations are already required to keep. This information is especially important in 2012, when broadcasters will rake in billions of dollars from election ads. So why not give the public a way to know who’s trying to influence them? As Waldman explains : “Putting that information online would allow the public and reporters to better understand the flow of money in political campaigns.” Yet according to Allbritton, the TV station owner and publisher of Politico , this is nothing less than the first step on the road to a “Soviet-style standardization of the way advertising should be sold as determined by the government.” Because the Ruskies are so renowned for their transparency efforts? All this hyperventilating and hyperbole is especially galling when it comes from organizations that are supposed to be practicing journalism. As 12 leaders of the nation’s top journalism schools wrote in a letter to the FCC: “Broadcast news organizations depend on, and consistently call for, robust open-record regimes for the institutions they cover; it seems hypocritical for broadcasters to oppose applying the same principle to themselves.” But hypocrisy is another telltale trait of the whinosaur. Get with the Program Lastly, the FCC is proposing that stations keep basic records on what kinds of programming they put on the air. Imagine the audacity in asking broadcasters, who have made money hand over fist from squatting on the public airwaves, to report back on how much news or locally originated programming they actually do. Yet according to the FCC filings of 48 state broadcast associations, the request for standardized reports “carries with it the high risk that the commission will find itself not just at the edge of a First Amendment cliff, but in a catastrophic plunge that intertwines the commission and its staff for the indefinite future in the journalistic news judgments of television stations nationwide.” Such claims are preposterous. The FCC has not proposed any quotas or programming requirements — all it is asking, in exchange for an exclusive and lucrative license, is for broadcasters to report back on what they are already doing. Maybe the broadcasters are just unwilling to face up to the disconnect between their consistent claims that they’re giving the audience what they want, and the conflicting reality that wherever you go the one thing people are sure to agree on is that their local news must be the worst in the country. Now is the time to tell the FCC to ignore all this whining and move forward with its common-sense plans to encourage transparency and accountability. The whinosaurs have a reputation as fierce lobbyists and are good at making a lot of noise. But the climate is changing. So whinosaurs be warned: You either evolve, or you go extinct.

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Obama Reverses Super PAC Opposition To ‘Counter The Weight’ Of GOP Money

February 7, 2012

WASHINGTON — President Barack Obama’s campaign is reconfiguring its approach to powerful super PACs, worried the president’s re-election prospects could be overwhelmed by conservative groups raising and spending unlimited amounts of money. The president’s advisers have signaled to donors that he will soften, for the time being, his long-standing opposition to the outside groups, in hopes of assisting their fundraising efforts and leveling the campaign finance field heading into the general election. Obama’s campaign staff will go so far as to appear at super PAC events — though they will not be explicitly raising money. The president will not attend those events, a source confirmed. The new posture is a reversal for the president, and one likely to trouble some in the progressive universe (see: Feingold, Russ). Obama was staunchly anti-outside money during his pre-White House political career, and first ran for the White House encouraging deep-pocketed Democrats to send checks only through his campaign. He wanted a consistently coordinated message and his advisers were willing to starve non-campaign organizations of cash in order to achieve it. When the Supreme Court issued its Citizens United opinion allowing the creation of super PACs, the president and his staff offered sharp denunciations. “I don’t think American elections should be bankrolled by America’s most powerful interests,” Obama said at the time. He called super PACs a “threat to our democracy.” Politics eventually collided with ideology. In 2010, a wave of conservative money helped Republicans re-take the House of Representatives. The president and his advisers have watched in some horror, meanwhile, as super PACs have helped Mitt Romney submarine challenger after challenger (most notably Newt Gingrich) during the Republican primary this year. The determination was made that they could not unilaterally disarm. As campaign manager Jim Messina said in a blog post late Monday: With so much at stake, we can’t allow for two sets of rules in this election whereby the Republican nominee is the beneficiary of unlimited spending and Democrats unilaterally disarm. Therefore, the campaign has decided to do what we can, consistent with the law, to support Priorities USA in its effort to counter the weight of the GOP Super PAC. We will do so only in the knowledge and with the expectation that all of its donations will be fully disclosed as required by law to the Federal Election Commission. Currently, two former Obama aides — Sean Sweeney and Bill Burton — run the most prominent Democratic super PAC, Priorities USA Action. But that group has been vastly outraised by its conservative counterparts. And the notion that it could bring in the $100 million once projected now seems quaint. Burton was quick to take advantage of the Monday evening news with a well-timed tweet . “As has become evident in the past month, the only enthusiasm in the Republican Party is among oil company billionaires and investment bankers on Wall Street looking to defeat President Obama,” Burton said in a statement. “We’re committed to providing a balance to Karl Rove and the Koch brothers, who have pledged more than half a billion dollars to their effort.” The Obama campaign itself has done fine with fundraising. But as recently as last week, top donors fretted that one well-financed GOP donor could level the playing field if he or she desired. “The money for the campaign side they will do fine, ultimately,” a party fundraiser told The Huffington Post. “I think the problem is on the super PAC side … If I were on the campaign, I would be waking up and saying this is a big f–ing problem, we are going to get buried by these super PACs. And our side, the Democratic side, is not on a level playing field here.”

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Two Occupy DC Activists Remain Jailed In McPherson Square Police Clash

February 7, 2012

WASHINGTON–Two members of Occupy DC will remain jailed until at least Thursday on charges they assaulted police officers during Saturday’s clash with police who razed a downtown encampment. A handful of others were arraigned on less serious charges that included failing to obey police and released. Charges were dropped against two. One person was arraigned down the street in U.S. District Court on a failing to obey police charge and released. Those arrested were rounded up early Saturday as U.S. Park Police razed activists’ months-long encampment at McPherson Square. Police raided nearby Freedom Plaza the next day, but left many tents in place. The moves, though anticipated by the Occupy activists, shocked them nevertheless as police arrived with a dump truck and protective hazmat suits. A D.C. Superior Court judge set a hearing for Thursday for the two charged with assaulting police officers and said they would remain jailed until then. One is Jeremiah Desausa, accused of throwing a Coke bottle that struck a police officer in the eye. Police said over the weekend that the activist had thrown a brick, but a court document described it as a soda bottle filled with liquid. About a dozen Occupy DC activists showed up to watch the arraignments, in a Superior Court basement. They included one legal observer as well as lawyer Ann Wilcox. Several took careful notes, some on newspaper. It was a contrast from McPherson Square. Instead of screaming Occupy chants, the activists had to obey the courtroom’s no-talking policy. Whispering was met with a courtroom minder’s stern warning and threat of eviction. It was a long afternoon. Those arrested face charges ranging from failure to obey an officer’s order to felonious assault of a police officer. One by one, they were brought into court in chains and cuffs, some in white jumpsuits. One appeared with his arm in a brace and sling; the activists said his arm was broken . Brian Eister, 25, who was charged with failure to obey, was one of the first released. He said he wanted to return to McPherson Square for some yoga exercise. Wade Simmons, 41, had been charged with making threats to a police officer. He denied wrongdoing and was released after being arraigned, pending his next court date. He was most upset over the judge granting a stay-away order, temporarily banning him from Freedom Plaza. “How long is this?” he asked the judge. She replied that he had to check with his lawyer. He had been camping with Occupy DC since Oct. 15. Michael Patterson , 21, an Iraq War veteran arraigned on a felony charge of assault on a police officer, said outside the courtroom that he “didn’t do anything.” Patterson said Occupy DC’s eviction did not matter. “The camp was just a tactic,” he explained. He had traveled from Anchorage, Alaska, to join to Occupy DC in early-October. Now, he can’t go near the place; he too got slapped with a stay-away order.

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Dana Radcliffe: A Glaring Omission in the Senate’s Insider Trading Bill: Fair Disclosure

February 6, 2012

Poor Raj Rajaratnam. He’s the billionaire hedge-fund manager who in October was sentenced to 11 years in prison for trading stocks on nonpublic information obtained from corporate insiders. If only his sources had been members of Congress or their staff and the nonpublic information had concerned pending legislation likely to affect certain stock prices, he would still be in business. For it is perfectly legal for lawmakers and other federal officials to divulge information that, if made public, would be market-moving and thus gives anyone who trades on it a lucrative advantage over other investors. In fact, large hedge funds — important donors to political campaigns — aggressively seek such information, with some success, in private meetings with legislators and other officeholders. For example, the Wall Street Journal recently reported that, in a December 2009 meeting with key lawmakers, a small group of hedge funds learned — hours before it was announced — that Senate Democrats had eliminated a proposed government-run insurance plan from the health-care reform bill. Although the hedge funds would not say how they used the information, the Journal notes that the news “was potentially worth millions of dollars to the investors,” since it would boost shares of major health insurers, with whom the government plan would have competed. Similarly, in January 2010, as the Senate debated the Dodd-Frank bill, which tightened financial services regulation, several hedge-fund managers met with Senator Dodd and discovered that, contrary to prevailing opinion, he did not favor capping fees on debit-card purchases. The expectation of a fee cap had been a drag on shares of Visa and Mastercard, since it would hurt their revenues. This material (or market-moving) news of Senator Dodd’s position garnered by the hedge funds remained nonpublic for weeks. Even though such activities are legal, it’s hard to see them as ethical. From a moral point of view, they are no different from a kind of insider trading prohibited by law. In both cases, people whose positions in economically significant organizations give them access to market-moving, nonpublic information selectively pass it on to others who then carry out unfair market trades with counterparties ignorant of the traders’ covert advantage. The legal difference is that, unlike government officials, when corporate executives give inside information to others who trade on it, they violate a fiduciary duty to serve the best interests of their companies’ shareholders. It is the breach of that legal duty that makes both the disclosure and the use of inside information criminal acts. Congress appears ready to address this disparity. Last week, the Senate passed the Stop Trading on Congressional Knowledge (STOCK) Act, which declares that members of Congress and thousands of other federal workers are legal fiduciaries. Whereas corporate managers’ fiduciary duty is to their stockholders, these government officials would have an analogous duty to Congress, the government, and all U.S. citizens. Ostensibly, if this provision becomes law, it will be illegal for covered officials to share material, nonpublic information with others they know are likely to trade on it. But even if the bill is enacted in its current form, it almost certainly will not keep members of Congress and their aides from disclosing high-value information to hedge funds in private conversations. For one thing, what prosecutor could plausibly argue that a government official has the very same duty of “trust and loyalty” that a corporate manager has? The nature of federal officials’ relationships with their institutions and fellow citizens is radically different — in numerous ways — from that of a business executive to her firm’s shareholders. In any event, it is preposterous to think it would ever be Congress’s intent that a law it passed prevent its members from consulting with investors for fear of revealing nonpublic information on which the investors might trade. If there is an ethical disconnect here, what can be done about it? In the late 1990s, the Securities and Exchange Commission came under pressure from “Main Street” investors and shareholder advocates to stop public corporations from giving advance releases of earnings forecasts and other material information to favored investors before making it public. The SEC responded by adopting Regulation Fair Disclosure (Reg FD), which stipulates that, when a corporation provides market-moving information to any investors, it must make it available to all investors at the same time. In approving Reg FD, the SEC argued that it is inherently unfair for only a few investors to receive material information and that the practice undermines the public trust in the fairness of financial markets. Clearly, if these arguments justify Reg FD, then they warrant a parallel requirement on government officials. Of course, legislators and regulators need to discuss public policy matters with investors, including hedge funds. But why should members of Congress and other federal insiders be excepted from the same demand for fair disclosure the government has imposed on corporate officials? Perhaps that’s a question voters should be asking Senate and House candidates.

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Cassidy: Who Gets Counted In The Unemployment Rate And Why

February 6, 2012

I would like to respond to something many commentators, on this site and others, have picked up upon: a suggestion that the Labor Department’s Bureau of Labor Statistics (B.L.S.) cooked the unemployment rate by removing 1.2 million Americans from the labor force. Some critics claim that these people should have been counted, and the unemployment rate should be considerably higher than 8.3 per cent.

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Former Bank Of America Employee Picks New Fight With Banking Giant

February 6, 2012

WASHINGTON — Jackie Ramos, whose 2009 video detailing her termination from Bank of America became a viral hit, is back on YouTube with another bone to pick with the banking giant. Ramos, 26, recently posted a video titled “Bank of America Stole My House!” In the video, she says she lost her home following the death of her four-year-old son’s father, Tim Woods, last April. While the foreclosure process was still underway in mid-December, Ramos said the bank put locks on the home. Unfortunately for Ramos, her name was not on the mortgage. Further muddying the picture, she had already moved out of the Fairburn, Ga., home at the time of Woods’ death. According to Ramos, Woods purchased the home in 2008 after receiving a fixed-rate mortgage from Bank of America. But by the end of 2009, Woods and Ramos began to notice increases in their monthly mortgage payments. Eventually, Ramos said, the bank explained that the extra charges were premiums for a mortgage life insurance policy. According to Ramos, Woods agreed to keep paying for the insurance with the understanding that the policy would cover the balance on his loan in case of death. Ramos said she was listed as the beneficiary on this policy. “I was there when he spoke with Bank of America,” she told the Huffington Post. “They said, ‘Okay, we’ll enter into the paperwork so if anything happens, [the house] will go to her.’” At the time of Woods’ death, Ramos had moved out of the home and begun dating another man. On the night Woods died, Ramos said, Woods confronted her and her boyfriend. “He found out I was dating someone new and he attempted to harm both me and my friend,” Ramos said. Fairburn police told the Atlanta Journal-Constitution that the shooting occurred during a scuffle over a gun. Authorities had attempted to subdue Woods with a Taser before the gun went off. Police later determined Woods’ death was not considered the result of a “police-involved shooting” because the officer involved in the scuffle did not have possession of the gun, but Ramos says Woods committed suicide. Ramos said the bank then denied the existence of the policy and refused to speak to her because she and Woods had not been married. Woods, Ramos said, had no will and did not designate an executor of his estate. She is not on good terms with his family, who say the house shouldn’t go to her no matter what. She and her son have since moved into a home she purchased in September. In a statement to the Huffington Post, Bank of America declined to comment on Ramos’ case as a matter of policy. “Due to Bank of America’s privacy policy, we have not discussed the Borrowers Protection Plan or the loan with Ms. Ramos, because she is not a borrower on the loan,” said Bank of America spokeswoman Jumana Bauwens. “The Georgia State Probate court has appointed an Administrator for Mr. Woods’ estate and Bank of America has communicated directly with that Administrator … [we] cannot discuss the specific details of our customers’ benefit requests.” According to Bank of America’s Borrowers Protection Plan , “Suicide or intentionally hurting yourself” are not protected causes of death, nor is “Death that occurred during or as a result of breaking the law.” A former employee of Bank of America, Ramos was fired after taking a stand against what she felt were unfair lending policies. The video she made detailing her experience led to a story on the Huffington Post and an appearance on “The Daily Show.” “You guys stole my home, you guys stole my memories and you guys stole something from my four-year-old,” she says in the new video. “You guys are a bunch of crooks, and I will let everyone know.” Watch the video: Arthur Delaney contributed reporting.

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Crucial Reform Seen As ‘Ferociously Difficult’

February 6, 2012

WASHINGTON — Tax reform sounds like a good idea to lots of people, but where to start? Eliminate the popular deduction for home mortgages? End the write-off for charitable contributions? How about expanding the Social Security payroll tax? Not likely. Politicians of all stripes in this presidential election year are clamoring for simplifying the tax code and closing loopholes. But that would mean Americans would lose some of their prized deductions. Not that Congress actually is likely to end tax breaks for home loans or religious and charitable contributions anytime soon. President Barack Obama and his chief Republican challengers – Mitt Romney and Newt Gingrich – certainly aren’t advocating that. In fact, recommendations to trim the mortgage deduction made in 2005 by a tax-overhaul panel convened by then President George W. Bush and again in 2010 by a deficit-reduction committee set up by Obama were ignored by both those presidents. Overhauling the complex U.S. tax code could mean that for everyone who would pay less someone else would pay more. And every existing provision in the code has its advocates. “Tax reform is ferociously difficult. If you tackle it straight up, the likelihood of success is rather small,” said Henry Aaron, a senior fellow in economic studies at the Brookings Institution. “Whenever you try to take money away from somebody, they will fight harder to keep it than will those who stand to gain.” And if deficit reduction is also a goal, it makes the job even harder. Most recently, a bipartisan deficit-reduction congressional “supercommittee” failed to meet a Thanksgiving 2011 deadline and had to disband when it could not find common ground on tax changes. None of the major tax overhaul proposals now on the table seems likely to be enacted given the current political rancor in Washington. Of course, a lot could depend on the outcome of the November elections. For now, the urgency for both parties is focused on the Bush-era tax cuts, scheduled to expire at year’s end. Republicans generally want to make them permanent. Democrats would like to raise taxes on the wealthy but keep them at present levels for all others. The income tax as we now know it has been around for nearly 100 years, and it’s had only a few major overhauls. The last major restructuring came in 1986, when Republican President Ronald Reagan and Democratic House Speaker Thomas P. O’Neill were able to put aside their political differences to strike a grand deal that both simplified the tax code and lowered rates on most individuals. “To get comprehensive tax reform, you have to have tremendous presidential leadership. There’s no way around that to be successful,” said Douglas Holtz-Eakin, who was the director of the Congressional Budget Office from 2003 to 2005 and now heads the American Action Forum, a conservative public policy institute. In addition to being a hot issue on the campaign trail, tax reform is also being closely studied by congressional leaders who oversee tax-writing, Holtz-Eakin said. “So with all the key players all saying `Let’s do it,’ I think that’s promising.” “Now the next issue is, what is `it’?” There, we don’t have a consensus,” he added. Obama has proposed ending tax breaks for U.S. companies moving jobs or profits to foreign countries. He also would create a minimum tax on their overseas earnings. And he has suggested new tax breaks for businesses that move jobs back to the U.S., for domestic manufacturing and for companies that invest in towns that have suffered major job losses. But getting most attention is his plan to tax personal incomes above $1 million – including investment income – at a rate of at least 30 percent. “Washington should stop subsidizing millionaires,” Obama said in his State of the Union address. “Send me these tax reforms, and I’ll sign them right away.” Obama also wants to see corporate taxes lowered but hasn’t said by how much. The White House has signaled he’ll unveil details on Feb. 13 when he submits his budget for the fiscal year that begins Sept. 1. The nominal corporate tax rate is 35 percent, the highest in the world after Japan. However, few companies pay that much after taking various deductions. Because of recent special deductions in the government’s stimulus programs, including the ability to write off the full cost of purchases of new equipment, corporations last year paid just over 12 percent on average. That is expected to rise to about 26 percent this year, according to Congressional Budget Office calculations. Romney would make permanent most Bush-era tax cuts and would eliminate taxes on interest, dividends and capital gains for those earning under $200,000. He would lower the corporate tax rate to 25 percent. Jobs and tax reform have been leading issues in the GOP primaries so far. Most Americans believe that the tax system is unfair and would like to see it changed, recent polls suggest. The polls show a majority believe upper-income Americans pay less than their fair share, although far more Democrats believe this than Republicans. There is also a big political divide over whether to keep the current system of taxing investment income – such as dividends and capital gains – at lower rates than wages. Far fewer Democrats than Republicans want to keep things the way they are, polls show. Romney, one of the richest presidential candidates ever, recently disclosed that he paid federal taxes at an effective rate of around 15 percent because most of his income came from investments that are taxed at that rate, compared to a top rate of 35 percent for wages. That disclosure has helped fuel the recent surge of interest in tax reform. Gingrich would let people choose whether to file under the current system or pay a 15 percent “flat” tax while preserving the mortgage interest and charitable deductions. He would eliminate the capital gains and estate taxes and would cut the corporate tax rate to 12.5 percent. Former Sen. Rick Santorum, R-Pa., would reduce the number of tax brackets to two – 10 percent and 28 percent, exempt domestic manufacturers from the corporate tax and halve the top rate for other businesses. He would triple the personal exemption for dependent children. Rep. Ron Paul, R-Texas, would eliminate the federal income tax altogether. Also the Internal Revenue Service. He would vote for a national sales tax, and he supports certain excise taxes and certain tariffs. The nonpartisan Tax Policy Center has said that the wealthy would be the biggest beneficiaries of the Romney, Gingrich and Santorum tax plans. The center did not evaluate Paul’s plan The Tax Reform Act of 1986 backed by Reagan and O’Neill reduced the number of tax brackets and lowered the top marginal tax rate to 28 percent from 50 percent (it’s now 35 percent). The reduction in individual taxes was in large part paid for by repeal of the investment tax credit, which effectively raised corporate tax payments to the Treasury by 25 percent, or about $100 billion a year in today’s terms. But the political climate was far difference in 1986. Reagan was a popular second-term president with a good working relationship with Congress. The deficit was under control and the economy was growing, not limping like now. Economist Bruce Bartlett, author of “The Benefit and the Burden: Tax Reform – Why We Need It and What It Will Take,” is not optimistic for major tax reform no matter who wins the election. “I think the most we can hope for is a modest improvement to fix some glaring problems in the code,” he said. As to those calling for starting from scratch with a whole new tax system such as the so-called fair tax or flat tax, “I don’t believe that’s going to happen,” Bartlett said. “I think that’s just a political non-starter.” ___

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Moroun And Stamper Might Be Headed Back To Jail

February 6, 2012

Ambassador Bridge owner Manuel “Matty” Moroun and bridge company President Dan Stamper can be jailed for civil contempt involving a judge’s 2010 court order — but only if the judge specifies exactly what it takes for the pair to go free again, the Michigan Court of Appeals ruled today. A three-judge panel issued a sharply divided ruling about the Jan. 12 court order jailing Moroun and Stampfer by Judge Prentis Edwards of Wayne County Circuit Court. The ruling stems from a 2009 lawsuit filed by the Michigan Department of Transportation against the Moroun-controlled Detroit International Bridge Co. involving the Gateway Project to connect the bridge with I-75 and I-96.

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Man Convicted For Major Mortgage-Fraud Scheme Paid To Have Key Witness Killed

February 6, 2012

NEW YORK — Convicted of engineering a $100 million mortgage-fraud scheme, Aaron Hand was yearning for vengeance and stuck in prison, prosecutors said. So from behind bars, he plotted to have a key witness against him killed. He hired an undercover investigator posing as a hit man, issued instructions to make the murder look like a gang attack and said he wished he could be there to see the witness suffer, prosecutors said. Hand was sentenced Monday to an additional eight to 16 years in prison for the contract-killing scheme, on top of the eight years and four months to 25 years he’s serving in the mortgage fraud. Hand’s “actions strike at the heart of the justice system,” Manhattan District Attorney Cyrus R. Vance Jr. said when the former AFG Financial Group Inc. president pleaded guilty last month to conspiring to commit murder. Hand, 40, acknowledged he began in July to try to arrange the slaying of one of the people who had cooperated with prosecutors and testified against him at his 2010 trial. With Hand at the center, the sprawling case involved a cast of corrupt mortgage brokers and lawyers who pocketed money that banks lent people to buy real estate, duping both sellers and buyers along the way, prosecutors said. The witness was one of 27 people who pleaded guilty or were convicted; prosecutors said have refused to identify the person or discuss the outcome of his or her case. “The case itself was filled with rats. Big time. One – one got me pretty … good,” Hand told the investigator in a secretly recorded conversation when they met in August at Coxsackie Correctional Facility in New York’s Hudson Valley, prosecutors said when Hand was arrested in the hit plot last fall. “You don’t get a free pass in life when you put away 30 … people.” To get the investigator $150 to buy a gun, Hand told his unwitting parents and an associate he needed to bribe a prison guard to avoid getting transferred to a crummy cell, prosecutors said. Hand outlined an elaborate plan for the investigator, initially telling him to block the witness’ driveway so he couldn’t escape and to kill the man’s wife and children if they were home, according to prosecutors. After deciding it would be better to carry out the killing elsewhere, he told the investigator to paint gang symbols on the intended victim’s car so the murder would seem gang-related, prosecutors said. “I’d kill him myself” if not in prison, Hand told the undercover agent, whom he agreed to pay $2,000, according to the DA’s office. Hand passed up his chance to speak at his sentencing. His lawyer, Lee A. Ginsberg, declined to elaborate outside court. Garden City, N.Y.-based AFG Financial Group found real estate owned by people with financial problems. Then the company lined up straw buyers who needed cash but had good credit to front as purchasers of the properties, prosecutors said. The buyers were told the deals would earn them and investors a healthy return and help people save their homes. The conspirators then presented inflated property appraisals and phony loan qualification packages to get banks to finance the real estate purchases. Once the deals closed, the conspirators took the money and didn’t pay the sellers or anyone else, prosecutors said. The straw buyers ended up with bad credit, the sellers got foreclosed upon and banks lost millions of dollars. Some had sold investments based on the worthless mortgages. AFG Financial Group isn’t related to Cincinnati-based American Financial Group, an insurance company that goes by AFG. ___

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Commentary: Was Chrysler’s Super Bowl Ad Pro-Obama?

February 6, 2012

For the second straight year in the Super Bowl, Chrysler took a big chance, spending millions of dollars to advertise a message that doesn’t have a lot to do with selling cars, but rather an idea, or ideal, and a message about the city of Detroit.

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Ex-Lehman Brothers Trader: Only On Wall Street Could You ‘Get Paid So Much For Doing So Little’

February 6, 2012

The fallout from the financial crisis has already changed the way much of America views Wall Street. It may also be changing the way the financial industry views itself. After years of huge paychecks and bonuses, financial industry workers are seeing their compensation capped and cut thanks to anxiety surrounding the global economy and oncoming regulations. But when a salary or bonus can serve as evidence of an accomplishment, it’s disappearance can also amount to an erosion of self-worth. “There’s no other industry where you could get paid so much for doing so little,” an ex-trader for Lehman Brothers told New York Magazine as part of a piece about the changing dynamics of Wall Street. You can read New York ‘s entire Wall Street piece here. Though the former Lehman trader may be one of the first Wall Street workers to express that sentiment in print, he’s echoing the views of others. The head of Britain’s top financial watchdog has said that what takes place on Wall Street is largely a “socially useless activity,” according to a 2010 New Yorker report. Some have argued that such high levels of pay create an incentive for bankers to prioritize short-term profits over a firm’s long-term health. Such is the reason for a Dodd-Frank financial reform law that requires firms to “claw back” pay in certain circumstances , like if the deal on which a bonus is predicated turns into a loss in a certain number of years. Paul Volcker, the former chairman of the Federal Reserve and the author of one of the more controversial measures in the Dodd-Frank financial reform law, told New York that Wall Street turned into a place that constantly needed to prove its greater utility . “Finance became a self-justification” he said. Paul Woolley, who founded a center at the London School of Economics that studies “capital market dysfunctionality,” put it even more bluntly to the New Yorker in 2010. “Why on earth should finance be the biggest and most highly paid industry when it’s just a utility, like sewage or gas?” he said. May the jig finally be up? Morgan Stanley capped its cash bonuses at $125,000 for 2011 and its top executives didn’t net any cash bonuses at all, according to The New York Times . At Goldman Sachs, bonus day was like a “bloodbath” one mid-level executive told CNBC; some bankers and traders learned they would be taking home no bonuses at all, while the firm halved the pay of some of its highest-level employees. Yet Wall Street will likely remain a top draw for America’s best and brightest for the foreseeable future. At Bank of America, a company that has struggled since the financial crisis , average overall compensation for an investment banking associate will likely remain in six-figure territory , even after preparations for pay packages an average of 25 percent smaller than last year. And they’ll still likely be making more than workers in many other high-paying professions with more tangible societal benefits. After 10 years of deal-making, a banker will have taken home more than ten times that of a cancer researcher during the same period, according to Bloomberg. Still, James Gorman, the CEO of Morgan Stanley , said earlier this month that employees upset with the drop in their pay need to have a reality check. “If you put your compensation in a one year context to define your overall level of happiness, you’ve got a problem that is bigger than the job,” Gorman told Bloomberg TV.

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