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March 31 (Bloomberg) — Adrienne Tennant, an analyst at Janney Montgomery Scott LLC, talks about her investment strategy for retailers. She talks with Julie Hyman and Bloomberg Contributing Editor Jay Margolis on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Video: Tennant Likes Abercrombie & Fitch on Overseas Sales

March 29 (Bloomberg) — Ralph Schlosstein, chief executive officer of Evercore Partners, and Robert Pozen, chairman emeritus of MFS Investment Management, talk about the outlook for corporate mergers and acquisitions. Schlosstein and Pozen also discusses the U.S. recovery, Evercore’s performance and the overhaul of U.S. financial regulation. They speak with Julie Hyman and Bloomberg Contributing Editor Bill Cohan on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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Video: Evercore’s Schlosstein Says M&A in `Multiyear Upcycle’

Hilary Kramer: How to Avoid Home Loan Modification Scams

February 13, 2011

So, here’s the good news: The Home Affordable Modification Program ( HAMP ), created in early 2009 from the TARP funds by the Obama Administration, uses federal funds to reduce borrowers’ monthly mortgage payments to about a third of the borrower’s (pretax) monthly income. The program’s website says the program is “designed to help as many as 3 to 4 million financially struggling homeowners avoid foreclosure.” So, here’s the part that is tough to swallow: While nearly half a million people have so far reaped the rewards of President Obama’s HAMP program, the number pales in comparison to those who are struggling with the ongoing threat of foreclosure. In fact, as the most recent RealtyTrac Inc. report shows, recent economic conditions have created such dire circumstances for residents struggling with untenable mortgage payments, that filings of foreclosures have increased in 75% of all US cities. Victims of high unemployment and an ongoing credit crunch, these millions of homeowners find themselves at the mercy of their lending institutions. It is so difficult to understand what steps should be taken and the questions these homeowners should be asking. I certainly won’t go as far a agreeing with Republicans in the U.S. House who recently called HAMP a “colossal failure” and introduced a bill that would kill the program. No way! If you look at the HAMP site, you will see that this program is designed to help struggling and strapped homeowners. The problem is that, just as homeowners almost always use mortgage brokers or a representative at the bank to shepherd them through the process of acquiring a mortgage, the same needs to be done for the process of modifying the mortgage. In obtaining a mortgage, a homeowner pays in the form of points. Sadly, homeowners seeking modifications have been paying upfront fees to scammers and agencies that are preying on their desperation. On freeMortgageFix.com there are ten suggested steps that those seeking modifications should do when dealing with a mortgage situation: 1. Know Your Expenses : Write down your monthly financial expenses beforehand. DID YOU KNOW that for 9 out of every 10 people filling out their HAMP worksheet hasn’t done a budget in over 5 years! 2. Know Your Rights : The mortgage servicer and/or bank is trying to collect money, be careful of what you tell your lender. 3. Get Contact Info : Get the Full Name, Employee identification number, and extension of who the person on the other end of the line. Make sure you find out exactly who is your point of contact. 4. Supervisor : If you are having issues getting answers you need ask to speak to a supervisor. 5. Programs Available : Ask the bank to tell you the programs they have in place for borrowers struggling to pay their mortgage. Be careful about going into detail about your own problems. 6. Submission Info : Ask for info on how to submit a request for help and who to follow up with. 7. Submission Documents : Make sure to go in depth in terms of what documents are needed in order to apply for assistance. 8. Apply over Phone : Ask if it is possible to do initial application over the phone? 9. Ask Which Department to Talk to : the collection department’s job is to collect! Make sure to talk to the mitigation department. 10. Ask for FREE Help : Call the toll free number on the government’s HAMP site (888) 995-4673 or get a free report and a free consultation from an attorney via using a site such as freeMortgageFix.com (that also provides the tools for determining eligibility and for organizing the process). Always keep in mind that most departments of the banks and mortgage servicers don’t have any incentive to help you. There are a few specialists allocated to help with modifications but you need to reach those people. Don’t pay anyone upfront or take on any obligations for those that say they will help. Keep all of your records and track the entire process — beginning to end. But, my message is that you can’t do it alone. You need help and use the resources that are free and at your disposal and advocate the best you can for yourself and, at the end of the day, you will need help in the form of an ethical and proven attorney. Hilary Kramer is the editor of GameChangerStocks.com .

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Wendell Potter: The Insurers’ Real Agenda for Change

February 12, 2011

The media had lots of health care news to obsess about last week. A federal judge ruled the health care reform law unconstitutional, and Senate Republicans tried in vain to repeal the law. But most of the press paid virtually no attention to a potentially much more important development — a multi-pronged effort by five major insurers to strip from the law key regulations and consumer protections that aren’t to their liking. The insurers do not want the bill repealed or declared unconstitutional. Congress gave them exactly what they wanted by including in the legislation a requirement that all Americans not eligible for Medicare or Medicaid buy coverage from a private insurance company. That provision alone will result in hundreds of billions of dollars in revenue and profits the insurers otherwise would never see. Officially, the insurers are maintaining neutrality on the court challenges to the law and the repeal efforts. They understand that Republican attorneys general who filed the lawsuits and the Congressional Republicans who voted to repeal the law — most of whom received campaign contributions from the insurers’ political action committees — must go through the motions to satisfy “the base.” The court challenges and repeal efforts are, in reality, a useful smokescreen for the big insurers, whose real agenda is to gut the law while preserving the mandate. Expect a big lobbying and PR campaign — financed by our insurance premiums — to persuade us that the new regulations and consumer protections will make those premiums skyrocket. The story much of the press missed was the revelation that the CEOs and lobbyists for the five biggest for-profits — UnitedHealth, WellPoint, Aetna, CIGNA and Humana — have been meeting frequently to plot their attack on the law. Bloomberg’s Drew Armstrong reported that three committees formed by the group have been meeting almost weekly. While Armstrong didn’t indicate what those committees are doing, I can speculate from previous experience as an insurance company executive that the committees are developing strategies in these areas: lobbying, strategic communications the formation of alliances with other political and business groups and the creation of fake grassroots, or “Astroturf” organizations. Bloomberg and the the National Journal also reported that the for-profits have solicited proposals from three big PR firms that have done extensive work for the industry: APCO WorldWide, Weber Shandwick and Public Strategies. It sounds familiar. While I was serving as head of corporation communications at CIGNA, I hired APCO and Weber Shandwick to help direct similar efforts and to enhance CIGNA’s reputation. The for-profits reportedly formed the new coalition — as yet unnamed — because they were upset that America’s Health Insurance Plans (AHIP), their umbrella trade association, had been unsuccessful in keeping the new regulations and consumer protections out of the law in the first place. So they’re going back to a familiar and successful playbook. Over the past two decades, the big insurers have formed such coalitions to defeat reform initiatives or to persuade the public and lawmakers to see things their way. When the Clinton reform plan was being debated in 1993 and 1994, Aetna, CIGNA, Prudential and United formed the Alliance for Managed Care (AMC) to argue for a “market-based” solution — managed competition, as it came to be called — as an alternative to broader government involvement in health care. The AMC described itself as “a private-sector approach to health care system reform that uses the marketplace and the power of informed consumer choices to achieve better coverage, while improving quality and cutting costs.” The AMC later joined a broader coalition that included the U.S. Chamber of Commerce and the National Association of Manufacturers to defeat the Clinton plan. A few years later, within weeks of being named as defendants in two massive class-action lawsuits, the for-profits formed a new group, America’s Health Insurers (AHI), designed to redirect scrutiny away from them and toward the trial lawyers behind the suits. Attorney Richard “Dickie” Scruggs alone cost the companies billions of dollars in market capitalization when the Wall Street Journal reported on Sept. 31, 1999, that Scruggs was planning to file charges against the insurance firms. On that day, stock prices of Aetna and United alone had plunged nearly 20 percent by the time the closing bell rang at the New York Stock Exchange. I was CIGNA’s main representative to America’s Health Insurers. My counterparts from other big insurers and I met secretly in hotel conference rooms in Washington and elsewhere with APCO to plan the PR strategy. The idea was to “reframe the debate” — shift attention away from the reasons the insurers were being sued — onerous policies and cheating doctors out of payments — and toward those trial lawyers who were getting filthy rich filing “frivolous” lawsuits. The lawyers — not the insurers — were the real villains. APCO reactivated the front group it had created for the tobacco industry — the Coalition Against Lawsuit Abuse — to generate letters-to-the editor and op-ed pieces in cities where the lawsuits had been filed – particularly Miami, where suits were eventually consolidated. The intent was to influence both the federal judges and potential jurors. (The suits were ultimately settled, with the defendants agreeing to change many of their practices and to pay the plaintiffs hundreds of millions of dollars.) I was also CIGNA’s representative to yet another organization — the Coalition for Affordable Quality Healthcare (CAQH) — that the big insurers created later. We mounted a huge PR and advertising campaign designed to restore Americans’ faith in managed care, which had taken a beating in the press for such well-publicized practices as “drive-through mastectomies” and “drive-though deliveries.” So this new grouping is just the latest variant on an oft-used tactic to influence public opinion and public policy. This time, however, the stakes are even higher, for both the insurers and for consumers. What don’t the companies like? Well, for starters, the rules that now require insurance firms to devote at least 80 percent of what we pay in premiums for actual medical care. But their sights are also on other provisions of the law that might impair profits. AHIP spokesman Robert Zirklebach provided a glimpse of what insurers really want when he told a reporter last week that industry lobbyists have embarked on a campaign to “educate” members of Congress about ‘flaws’ in the law. For instance, the industry will be trying to persuade lawmakers that young people, many of whom are being charged too much already, will see their premiums go sky high. How do you fix that? The insurers, of course, have an answer: get rid of the requirement that insurers can only sell policies that meet minimum benefit requirements and jettison the prohibition against charging older Americans any more than three times as much as young people. They want to charge them five to ten times as much. If the latest coalition of big for-profit insurance firms meets its objectives, many of us will eventually be convinced — through sophisticated, behind-the-scenes PR campaigns — that those protections are not in our best interests after all. If those campaigns help the big insurers eliminate such protections, that would be ideal for their bottom lines — but devastating for consumers. This also appeared on the Center for Public Integrity ‘s website.

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Identity Theft Victim Can’t Convince Freddie Mac He Owns His Home

January 7, 2011

The Identity Theft Resource Center says Ty Powell is a victim of identity theft. Freddie Mac says he hasn’t paid his mortgage in two years. The local paper says he’s dead. Powell says, “I don’t know what to say.” He’s afraid to leave his Casa Grande, Ariz. house for an extended period of time because the mortgage servicer, Chase, might send someone to break in and try to change the locks — something Powell said already happened twice last year after the bank foreclosed on him. The foreclosure was completed last July, and Powell, 30, could be evicted at any time. He said he doesn’t sleep much. “I spent Christmas alone,” he said. Powell said he bought the house from a builder in January 2007, paying $217,000 in savings and cash he’d earned playing professional basketball in Brazil after graduating from Yale in 2002. But as far as Freddie Mac knows, it owns a delinquent $376,703 mortgage taken out in November 2006. Powell said he was in Brazil at the time and had nothing to do with that mortgage. Jay Foley, founder of the nonprofit Identity Theft Resource Center, said the builder apparently used Powell’s personal information, which Powell sent months in advance from Brazil, to take out a fraudulent mortgage in his name. The builder went as far as to make some payments on the mortgage and even attempt a loan workout in 2008. “The builder took out a mortgage on the house in Ty’s name. Then he turned around and maintained the mortgage until Ty came back and bought that house,” Foley said. “This builder sounds like a pretty slick dude and I would love to see him making little rocks out of big ones someplace.” Powell said he found an eviction notice on his door in March. He hired a pricey lawyer. “The argument was that I was not properly served,” he said, “which was not the right argument.” An Arizona judge ruled in favor of Freddie Mac in September. Foley reached the same conclusion as Powell. “His attorney is arguing the wrong point,” he said. “Instead of arguing the loan was fraudulent, the attorney’s arguing it’s the nature of the service because Ty wasn’t served.” Now Powell owes tens of thousands in legal fees, both to his own lawyer and to Freddie Mac’s. Foley isn’t the only one advocating for Powell. In October, his congresswoman, Rep. Ann Kirkpatrick (D-Ariz.), wrote a letter to Freddie Mac stating that the “home mortgage loan was secured without his consent along with various credit cards, and student loans.” (Kirkpatrick was defeated in November by Republican Paul Gosar, whose office should now have Powell’s case file.) Freddie Mac just doesn’t buy it. The loan is in default, the mortgage giant says, so it’s their house now. “We first learned of Mr. Powell’s claim after the foreclosure was completed last July,” a Freddie Mac spokesman told HuffPost. “He filed suit in March 2010 — eight months later — and our request for summary judgment was granted by the court on Sept. 14, 2010. “We believe the foreclosure was legitimate because the loan secured by the property was in default. Despite a mortgage workout in 2008, no mortgage payment had been received since January 2009. We have also referred the matter to our fraud investigations unit.” The Casa Grande Dispatch reported this summer that Powell “died on July 12, 2010, at Casa Grande Regional Medical Center of heart problems.” Managing Editor Donovan Kramer Jr. told HuffPost there’s no record of the email sent to the paper alleging Powell’s passing, or much else. “This was a very brief one and apparently there was no corroborating information,” he said. Powell figures the death notice is a threat from the fraudster. Foley said it’s more likely an effort by the perp to confuse Freddie Mac. Either way, there’s plenty of information corroborating the claim that Powell is a victim of identity theft. The Identity Theft Resource Center provided HuffPost with a stack of letters from banks and local municipalities absolving Powell of other, smaller frauds committed in his name, like phony accounts and drivers’ licenses Chase, the servicer of the allegedly-bogus mortgage, declined to comment because of “ongoing litigation” it refused to describe. Powell said he didn’t know anything about that. “I’ve exhausted all of my resources to try to remedy this,” he said. Convincing Freddie Mac he doesn’t have a mortgage, he said, is like convincing “birthers” that Obama has a legitimate birth certificate. “Obama has the luxury of dismissing these claims as from people on the fringe,” he added. “I don’t have the luxury of dismissing this ridiculousness.”

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Katherine Jentleson: The Top New York Art Auctions of 2010

December 30, 2010

Throughout 2010, record-setting sales served as powerful jolts of adrenalin for the auction market, which had been sluggish in 2009. The year opened with a bang: In February an iconic, sinewy bronze sculpture of a walking man by Alberto Giacometti stunned Sotheby’s London salesroom when it more than tripled the house’s presale estimate, selling for $104.3 million. Giacometti’s L’homme qui marche I was an outlier; excluding the sculpture’s phenomenal sum, the average price of a work in that sale was only $3.5 million. Nonetheless, the bold display of the Giacometti proved that high quality consignments had the potential to soar in 2010. Consignors responded to this green light immediately. Whereas highly valued masterpieces were rare in 2009, reassured sellers sent top-tier works tumbling across the auction block in 2010. Christie’s and Sotheby’s–the rival auction houses that dominate the market worldwide–ditched the conservative estimates that had become their defense for dealing with conservative buyers and sellers in 2009. In May, for instance, Christie’s offered Picasso’s Nude, Green Leaves and Bust for upwards of $80 million; the work made good on the house’s astronomical expectations, eking past the Giacometti sale price to bring $106.5 million–the highest price ever paid for a work of art at auction. These jaw-dropping sales–along with a slew of unprecedented prices for artists like Amedeo Modigliani and Roy Lichtenstein–made it feel as though the market has fully recovered from the recession, even though it hasn’t. Buy-in rates in most categories are still higher than they were in 2007, and auctions produced fewer sales over $10 million than they did in the heady days of the boom. Even though the market isn’t quite as bright and shiny as it was two years ago, the takeaway from 2010 is that it will bear masterpieces. New York has been the center of much of the year’s record-setting action, holding blockbuster sales of Impressionist, Modern and Contemporary art, as well as notable auctions of Photography, Indian and Southeast Asian art, American art and Latin American art throughout the year. As the Editor of The ART Report, a monthly newsletter that profiles trends in the auction market, I’ve been following these big Big Apple auctions closely; for this slideshow I handpicked a selection of the most memorable New York art sales of 2010. Katherine Jentleson is the Director of Analytics at Art Research Technologies in New York. She is the editor of The ART Report , a monthly newsletter that provides high-level analysis of the auction market in a timely fashion. Her art market research appears regularly in the weekend edition of the Wall Street Journal. She is also a PhD student in the Art History Department at Duke University; her research at Duke is on American art and the art market.

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Chip Conley: 2011: The Year of Curiosity

December 20, 2010

‘Tis the time of the year to reflect and project. I’m going to take my cue from the most famous management theorist of all time, Peter Drucker , who lived to the ripe old age of 95. This leadership guru incorporated two practices into his professional and personal life that I’ve decided to adopt in the new year. First off, Drucker made it a practice of spending two weeks every year reviewing his work, a habit he picked up from his Editor-in-Chief when he was working for a newspaper in Europe. He would set aside this time to “review my work during the preceding year, beginning with the things I did well but could or should have done better, down to the things I did poorly and the things I should have done but did not do.” Simple idea, yet few of us practice this kind of self-reflection. I’m off to the beach for the next few days and, while I won’t spend two weeks on this, I will spend a few days doing an inventory of what I learned this year and how I can apply it in 2011. Peter Drucker’s other practice — to adopt a new subject, completely unrelated to his work life, to study and master over the course of three years — is an unadulterated form of curiosity. When I spent some time with Mihaly Csikszentmihalyi , the author of the landmark book Flow this summer, he told me that the most important trait for 21st Century innovation isn’t creativity, but instead it’s curiosity. Curiosity — that blessed alchemy of wonder and awe — is a quality that we all had as a child and yet, with time, most of us found ourselves on a narrower and narrower path. For more than 60 years, Peter Drucker studied one subject at a time from Japanese art to Civil War history with the intent of mastering the subject. Curiosity may have killed the cat, but it helped Mr. Drucker keep a facile mind and a youthful spirit into his mid-90′s. So, starting in 2011, I am going to take one subject per year and devour it — both mentally and experientially. This first year I’m going to tackle the sublime and geological magic of natural hot springs. Why and how were these created? Why do some smell so different than others? What are the health benefits or risks associated with using them? And what’s the history of public bathing? And, as I will do in the future with subjects like Renaissance art or hang gliding, I plan to explore these subjects by literally diving in. So, in 2011, I will visit a different natural hot spring every month of the year. Iceland and Japan, here I come!! Some of you may think this is silly. How can this be related to business leadership? One of the most sage pieces of advice I ever heard went something like this: “Great managers have great answers. Great leaders have great questions.” At the heart of great leadership is a curious mind, heart, and spirit. Today, business serendipity and profound innovation will come from seeing the metaphors and natural laws in one part of life and applying them elsewhere with a vision that less curious minds would never have imagined. See you in the spring.

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Meredith Bagby: Harvard Political Review Publishes Annual Report on America

October 22, 2010

Amidst the witches and the former madams, the too-damn high guy and the Nazi reenactor, the demon sheep and the Aqua creep, there is finally some rational conversation this election season about the issues that really matter. But this illuminating analysis is not coming from the politicians running for office. No, it’s from a group of college undergraduates. The Harvard Political Review , a nonpartisan undergraduate magazine at Harvard College, has just published The Annual Report of the USA (“ARUSA”). Yes, you heard it right. Just as a corporation reports to its shareholders, ARUSA informs citizens how our country stacks up financially. The students break down how our tax dollars are being spent — how much money comes in, and how very much goes out. They write about complex issues such as the national debt, the new health care legislation, the American Recovery and Reinvestment Act — and much more — all in a way that is engaging and understandable to everyone. So how does America fare in 2010? You can probably guess, but here are just some of their findings: In 2010 the U.S. government will spend $1.6 trillion more than it receives in tax revenue . That’s more than a 40% shortfall and the largest nominal deficit in history. Total federal debt stands at more than $13 trillion or 84% of GDP (everything we make, sell, or do all year). Forty-eight percent of that is owned by foreign investors, a number more than double what it was 10 years ago. The wars in Iraq and Afghanistan and other post-9/11 operations have cost roughly $1.15 trillion over the past decade . That’s more than twice what we spend on the entire public education system in a year. Thirty-one percent of the federal budget is spent on just two programs — Social Security and Medicare . These “mandatory spending” programs can be changed only legislatively and are not part of the budget process. The Congressional Budget Office estimates that in 10 years entitlement spending will cost as much as we spend on the entire budget today. The $787-billion-dollar American Reinvestment Act represents the single largest counter-recessionary effort in American history. The biggest chunks are $288 billion in tax relief and $144 billion to state and local governments . These monies have helped shore up public sector jobs, but there is mixed evidence on the impact to the private sector: the unemployment rate hovers at 9%. As an alum of the HPR and creator of ARUSA in 1995, I may be a little biased. But what I find most impressive about this report is that it comes from a group of students that spans the political spectrum. Joint editors, Peyton Miller, the editor of The Salient , the conservative rag on campus, and Eva Lam, president of the College Dems, may disagree on some policy issues, but they do agree on the numbers and the implications of what’s coming: “Strained by static revenue and exploding costs across the board, ballooning deficits risk dangerous consequences. Excessive borrowing raises interest rates, reduces private investment, gives foreign lenders diplomatic leverage, and places a huge burden on future generations. Overcoming these problems will require decisive and painful political choices. Providing a clear view of how and why our government spends our tax dollars is the first step to shaping the debate.” For two years now, we’ve watched our economy flail and thrash in the worst financial crisis since the Great Depression — because of private market largess, yes, but also because of deep and persistent government mismanagement. Quite frankly, some days, it seems we may be looking over the precipice with no idea of how far we may fall. Perhaps, the pale light in these times of darkness is that we have a younger generation that seems to care. If these students can work together to pinpoint and discuss our problems in a respectful and thoughtful way, why can’t our politicians and leaders? Join the discussion: www.annualreportusa.org

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HuffPost TV: Arianna On CNN’s ‘Parker Spitzer’: Anxiety About The Economy Goes Beyond Left vs. Right (VIDEO)

October 16, 2010

Arianna took part in a wide-ranging roundtable discussion on CNN’s “Parker Spitzer” Friday night, together with Steve Kornacki, News Editor at Salon.com, author and model Paulina Porkizkova and political veteran Ed Rollins, a CNN Senior political correspondent. The panel began by discussing Sarah Palin’s new TLC reality series , “Sarah Palin’s Alaska” “You have to give her credit for the fact that she really knows how to do social media,” Arianna said. “Look at her Facebook reach – the fact that she doesn’t really have to give an interview to The New York Times , she can just post something on her Facebook wall.” Switching gears, Eliot Spitzer asked: “Is this a center-right country?” “No, it is absolutely not a center-right country,” Arianna responded. “Where we are is in a huge new game. … A lot of people are deeply anxious. Not just the people who have lost jobs and lost homes, but the people whose relatives have lost jobs, whose kids are graduating from college and can’t get jobs. So what we are facing is really just a deep need to reset our values, see what the future is.” “I think it’s the people who are stuck on that New York-Washington axis who want to portray everything as a left-right issue,” Arianna said. WATCH:

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New Era As Philly Newspaper Now Owned By Lenders

October 8, 2010

PHILADELPHIA — The Philadelphia Inquirer and Daily News are starting a new era under the control of their former creditors. The lenders include the hedge fund Angelo, Gordon & Co., which also has stakes in several other U.S. newspapers. The creditors posted $105 million in cash Friday to buy the company, ending a bitter 20-month bankruptcy fight with former owners. They are effectively paying themselves some of the $318 million they lent local investors in 2006. The purchase is valued at about $139 million, including the headquarters building. Inquirer Editor William Marimow will return to investigative reporting. Other management changes are expected. Incoming Publisher Greg Osberg, a former Newsweek executive, has pledged to reinvigorate the company’s Philly.com website.

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David Isenberg: The Liability of Using a PMC to do Foreign Police Training

October 8, 2010

Last month the independent publication Intelligence Online reported that Altegrity , the “global security solutions and specialized law enforcement training company” headquartered in Falls Church, Virginia, which as of this past August also owns Kroll Inc. is counting on the extensive contacts of William J. Bratton, formerly Chairman of Altegrity Risk International (ARI) and now Kroll Chairman, who headed the Los Angeles Police Department for seven years, to help it nab some of the lucrative foreign police force training contracts that Dyncorp’s International Police Training Program has monopolized in recent years. Okay, nothing exceptional there. Companies hire people all the time in order to capitalize off their past and present business contacts. And if DynCorp gets some competition in training foreign military or police forces that is a good thing. I’ve written in the past, here and here about some problems DynCorp has had doing that. But the real question is whether the benefits of using any PMC for this job outweigh the costs. To be sure, PMC supporters have a large number of countries to point to where PMC have done exactly that, and in most cases have done so without major problems. Of course, most of those contracts have been far smaller than those contracts in Iraq and Afghanistan which have seen major problems. But some people, who have the credentials to back up their viewpoints, have their doubts. Let’s look at a recent U.S. Army Peacekeeping & Stability Operations Institute (PKSOI) paper. The PKSOI serves as the U.S. Army’s Center of Excellence for Stability and Peace Operations at the Strategic and Operational levels in order to improve military, civilian agency, international, and multinational capabilities and execution. The paper is ” U.S. Military Forces and Police Assistance in Stability Operations: The Least-Worst Option to Fill the U.S. Capacity Gap ” by Colonel (U.S.-Army Ret.) Dennis E Keller. He writes: DoS INL directly contracted with DynCorp International to provide 690 International Police Liaison Offcers (IPLOs) who provide assessment, training, and mentoring functions for Iraqi police in the feld. INL funded DoJ’s ICITAP, which then contracted Military Professional Resources Inc. (MPRI), to provide International Police Trainers (IPTs), who provide assistance to Iraq’s police training academies. INL also funded 143 Border Enforcement Advisors, 123 of whom were provided by an INL contract with DynCorp, and 20 of whom were provided by an ICITAP contract with MPRI. DoJ’s OPDAT [U.S. Department of Justice, Offce of Overseas Prosecutorial Development, Assistance and Training] had provided seven Resident Legal Advisors (RLAs) to Iraq as of February 2008. Six RLAs were deployed to Provincial Reconstruction Teams (PRTs) in Iraqi Provinces, with the seventh RLA in Baghdad. The interagency arrangement provides that CPATT and MNSTC-I set overall requirements for the civilian security development mission, that Multi-National Force–Iraq (MNF-I) exercises operational control over IPLOs and IPTs supplied by INL and ICITAP, and that ICITAP and INL manage and oversee the contracts with service providers such as DynCorp and MPRI. At first glance, it would seem that these interagency arrangements among DoS INL, DoJ ICITAP, DoD, and USAID for civilian police training, along with the international academies supported by DHS, more than replicate USAID’s police training prior to 1974. However, it is important to note that ICITAP and INL’s police training, unlike USAID’s Cold War-era police training, is executed by contract police trainers, usually through the large contractors DynCorp and MPRI in the case of the police training in Iraq and Afghanistan. While using a private sector company to contract police trainers on a short-term basis does enable a rapid increase in the quantity of trainers available, it also has some inherent disadvantages when compared with the use of full-time USG employees to manage and conduct foreign police training. It is notable that in its heyday, USAID’s OPS had 590 permanent employees, which included overseas advisors and trainers as well. As of 2007, to provide support for the much-larger force of contracted police trainers in Iraq and Afghanistan, DoS INL increased its staffng by adding 64 permanent positions in Washington, and increasing its Embassy Baghdad staff to 20 people– to supervise a contracted police trainer force of some 833 police trainers in Iraq alone. However, these low ratios of permanent government employees to temporarily contracted police trainers allow the permanent staff to conduct only the minimal contract oversight and broad policy guidance for law enforcement development. They are not able to develop more-detailed procedures and greater operational oversight of police and law enforcement reform. Simply using a contracting mechanism to conduct police training does not create the kind of institutional capacity in the USG that is required for a consistently effective approach to enabling local police to establish and maintain a safe and secure environment in a recovering state. Contracted police trainers often cannot or will not operate in nonpermissive environments, thus confning their training to the capital city or secure areas while leaving unsecured remoter areas of a country without desperately needed police trainers and mentors, as is often the case in Iraq and Afghanistan today. Moreover, if a particular contracted police trainer/mentor is identifed as having superior ability to impart police skills and values in a foreign environment, there is no mechanism to keep that person on at DoS INL or elsewhere in the USG to help establish institutional knowledge and long-term capacity to manage and conduct foreign police training. P.S. I should note that the September/October issue of Foreign Affairs has a letter to the editor by Senator Edward E. Kaufman (D-Delaware) in which he comments on a previous article by Defense Secretary Robert Gates,who wrote about ways to improve the advising and mentoring capacity of the Defense Department. Sen. Kaufman notes in passing, The U.S. government must also better train foreign police. The State Department’s Bureau of International Narcotics and Law Enforcement Affairs has had success in training civilian law enforcement agencies around the globe, but its model has not worked in Afghanistan. The United States needs a more robust civilian approach to partnering with foreign law enforcement and defense counterparts. Something so critical should not be an afterthoughts or be contracted out to private companies.

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Inder Sidhu: Profiles in Doing Both: Skechers: A Lesson in Optimization and Reinvention

September 16, 2010

You don’t need to be the editor of Vogue to know what the hottest trend in women’s footwear is. All you need to do is glance down at the sidewalk and look at what women are wearing. Amid the sea of Jimmy Choo pumps and Taryn Rose sandals, you’re bound to see plenty of Skechers’ Shape-Ups. These are the round-bottomed, “toning” shoes that young women and working moms have jumped all over. Just two years ago, the category was a tiny sliver of the shoe industry. Today, it is the fastest-growing market segment. Sales of toning footwear are expected to top $1.5 billion this year alone. For Skechers, the birth of the toning shoe market represented another opportunity for a reinvention. At the time, the company was dependent on sales of street-wise, fashion-forward footwear. To combat growing competition from start-up imitators and established rivals such as Vans, Skechers worked to optimize its business through ongoing geographic expansions, supply chain enhancements and clever marketing programs. Behind the scenes, however, Skechers was laying the groundwork for a dramatic transformation. In May 2009, company executives unveiled the company’s new line of Shape-Ups–Skechers’ first, major foray into fitness footwear. Soon thereafter, the company enlisted Super Bowl MVP and NFL Hall of Famer Joe Montana to help promote its new toning shoes. When Super Joe said he believed in the products, sales zoomed like one of his trademark, touchdown passes. By July of this year, toning products helped lift Skechers’ quarterly sales above $500 million for the first time in company history. Around the world, men and women alike were responded enthusiastically to the promise that they could “get in shape without setting foot in a gym.” The intriguing possibilities drove the company’s stock up more than 90 percent. Just when things were running smoothly, however, Skechers hit a major hurdle. In July, the American Council on Exercise released a report that questioned the benefits of toning shoes. “Don’t buy these shoes because of the claims that you’re going to tone your butt more or burn more calories,” concluded researcher Dr. John Porcari . Shortly after that blunt assessment became public, shares of Skechers and other makers of toning shoes began to lose traction. On Sept. 9 alone, shares of Skechers dropped 12 percent after an investment house downgraded its rating on the company’s stock . To make matters worse, a customer filed a lawsuit against the company, claiming false advertising, among other things. With retailers slashing prices and shoe giant Nike dismissing the value of toning products, one would think Skechers would be in a freefall. But it’s not. More than one investment house believes Skechers’ stock has legs , and some medical professionals assert that toning shoes offer benefits . For these and other reasons, many company watchers believe Skechers will continue its winning ways. “Skechers has a history of adeptly capitalizing off different shoe fads with its own offerings,” says Motley Fool writer Alyce Lomax. How? By continuously fine-tuning and transforming its business. On the optimization front, Skechers is making improvements to its e-commerce platform and reducing inventories ahead of new product introductions slated for the holidays. It’s also moving ahead with plans to build a state-of-the-art, 1.8 million sq.-ft. distribution facility in Rancho Belago, Calif. As for reinvention, Skechers recently entered the travel accessories and branded luggage business. It is also exploring backpacks, handbags and leather products for the first time. And with a major push into medical footwear and electrical-hazard shoes on the horizon, Skechers is transforming from a mere fashion shoe company into a lifestyle brand and vertical market specialist. Today, it has more opportunities ahead of it than anytime in its 18-year history. While the short-term holds some uncertainty, the company’s long-term prospects look solid. Doing both tuning and transforming has toned up the three-time ” Company of the Year ” award winner and positioned it for even greater success. Inder Sidhu is the Senior Vice President of Strategy & Planning for Worldwide Operations at Cisco , and the author of Doing Both: How Cisco Captures Today’s Profits and Drives Tomorrow’s Growth . Follow Inder on Twitter at @indersidhu .

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Katherine Warman Kern: The Dog Look

September 8, 2010

Ever get that clueless “dog look”? Here’s an example shared by Adriana Lukas : A Doctor’s office attempts to fix a problem — patients are sitting on hold waiting endlessly to schedule appointments — by buying a turnkey platform designed to speed up the process online. But this solution creates a new problem. Namely, personal data is requested which could make patients vulnerable to identity theft. When a patient, Mary Hodder (the editor of Napsterization.org ) calls with concerns, those concerns are met with the “dog look”. I totally agree with Mary’s concerns about the risk to the patient. But importantly, we need a better way to innovate than this vicious cycle of trial, hope, & error. There are exceptions to every rule, of course, but dogs naturally want to please. If you’ve ever experimented with putting more emphasis on rewarding good behavior than punishing bad you find that you get fewer “dog looks” and more “aha, oh this is what you want me to do.” The purpose of this metaphor is not to suggest that we should reward error with positive reinforcement. This metaphor is about business and customers cooperating for better outcome for both parties. Comradity has a theory that when mass production, mass communication, and mass distribution transformed the US economy from local markets to a mass market we lost a “Culture of We”. The mass marketplace operates on scale. Transactions are numbers. The identity — business or customer — is not always obvious. Moving more quantity is more important than the very expensive challenge of improving reputation or convincing consumers to share more information. So business does it more efficiently by taking information the customer hasn’t offered to share, despite the fact that businesses has yet to develop an efficient way to handle all that information on a large scale to create value. Customers expect the worst, refuse to give the benefit of the doubt, and believe rumors on the internet before they believe articles in traditional media or ads. In a local market, the transaction is human. Identity, buyer or seller, is obvious. The interests, assets, and intent are transparent. Both business and customer benefit when business does the right thing for its reputation and continues to improve in response to customer communication. So there is cooperation – customers and business share information, costumers are receptive to business education, relationships are cultivated — not just between customer and business, but among happy customers who reinforce each others satisfaction. Either we considered the loss of the local market “Culture of We” a trade-off to gain the mass market advantage — making quality of life affordable for more people, or, we just took for granted that business-costumer cooperation would still play a role. But now that today’s interactive technologies make it possible for customers to communicate directly with business, we’re confronted head on with the elephant in the room — the mass market has created a “culture of me”. Customers complain they don’t trust business and business complains that customers are fickle. But customers aren’t going to start making their own cellphones or stop talking on them. And business is still producing enormous quantities which they hope will sell at a profitable price. Although they count on each other, they resent each other. Many say that this is what is and nothing will change it. That’s not the clueless “dog look”, by the way, that’s a dog that’s been abused and only knows how to be abusive right back. These are not innovators. Innovation makes change possible. It does not accept or excuse the negatives of the status quo. So if you are still with me, the first change we need to make possible is a better marketplace for innovation. A place where big companies — who want to support innovation that goes beyond trial, hope, and error — can discover new ideas and those with new ideas can learn what it takes to change the game instead of just creating more problems. Specifically, a place where everyone is less threatened and in a defensive “me” mode and more confident and in an outgoing “we” mode: 1. Start with a promise that if you share information, you will discover where you’ll get the best reception. 2. Use the information to visualize where individuals fit in the community. 3. The roles participants play are obvious. 4. Customers initiate contact when the timing is right for them. 5. Business can see the interests, assets, and intent within cluster they intend to satisfy and anticipate how to capitalize when they are contacted. 6. Each participant, business or customer, controls the information they share, with whom, in what context and timing — when it may be released or destroyed. 7. Communication tools maintain a sense of security that sharing information will not make one vulnerable to exploitation. Who wants a better marketplace like this for innovation? Well, let me know if you do, by tweeting about this post with the hashmark #bettermarketplace.

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Robert E. Scott: The Times gets it wrong: Ending currency manipulation would reduce U.S. trade deficits and create jobs

September 2, 2010

An op-ed published in The New York Times last week (August 23) claimed that revaluation of the Chinese yuan would “make barely a dent in America’s trade deficit.” This ludicrous assertion flies in the face of basic economic theory and our own economic history. The U.S. trade deficit with China displaced 2.4 million U.S. jobs between 2001 and 2008 alone. Treasury Secretary Geithner should identify China as a currency manipulator, and Congress should pass legislation that would authorize the president to impose substantial tariffs on Chinese goods if they fail to substantially revalue the yuan by the end of 2010. Currency manipulation by China and several other Asian nations makes their goods artificially cheap and makes U.S. exports artificially expensive in China and in world markets. Chinese foreign exchange reserves , the main instrument of currency manipulation, reached an unprecedented $2.5 trillion this past June. The Chinese yuan or renminbi (RMB) is estimated to be at least 35% to 40% undervalued, relative to the U.S. dollar. With no change in exchange rates and the growth of illegal subsidies and other unfair trade practices, it is no surprise that structural imbalances in trade and capital flows are resurfacing as the global economy recovers from the worst recession in 70 years. In ” The Yen’s Lesson for the Yuan ,” Joseph A. Massey and Lee M. Sands admit that getting tough with currency manipulators can work, as it did in August 1971, when President Nixon imposed an import surcharge and took the dollar off the gold standard. That December, Japan and nine other countries agreed to revalue their currencies. Yet the authors claim that revaluation did not work in that case because the U.S. trade deficit with Japan continued to rise for the next two decades, peaking in 2006. But this claim misses the point: global currency realignment is needed to reduce the U.S. global trade deficit, not necessarily the bi-lateral deficit with any particular country. And the United States has continuing trade problems with Japan (including cartels and non-tariff barriers to imports) that make it especially difficult to penetrate that market. Currency revaluation by our trading partners worked in both 1971 and 1985 (Nixon’s import surcharge and the Plaza Accord), as shown in graph below. Following Nixon’s import surcharge and the resulting revaluation in 1971 (shown with the first vertical bar), the U.S. current account deficit (the broadest measure of the U.S. trade deficit) was eliminated, resulting in a decade of roughly stable trade balances. These persisted through the first two oil crises of 1973 and 1979, and lasted until 1982, when Federal Reserve Chairman Paul Volker’s tight money policies caused the dollar to soar in value. Again in 1985, the U.S. developed large trade deficits after the dollar strengthened against many of the same currencies. The House passed legislation to impose tariffs on imports from countries with large trade surpluses. The mere threat of a tariff persuaded the G-5 countries to enter into the Plaza Accord (the second vertical bar in the figure), which lowered the dollar and the trade deficit over the next two to three years. The current account deficit remained stable albeit at a lower level of about 1-2% of GDP. Then Asian currency crisis hit and dollar soared again. That bubble has never been fully corrected. Perhaps the strangest thing about Massey and Sands’ argument is that it stands basic economic theory on its head. Belief in the price mechanism is perhaps the most fundamental theorem in economics–changes in relative prices should change supply and demand for nearly all goods. The exchange rate is one of the broadest price mechanisms because it changes the prices of all goods between two or more countries. Yet the authors claim that the price of currency doesn’t matter. What is particularly surprising is that Massey and Sands are former U.S. trade negotiators with China, charged with negotiating lower Chinese tariffs and eliminating other barriers to U.S. exports. These negotiations can only be justified on the grounds that they will increase U.S. exports or market access in China. Their work as trade negotiators implies that small changes in the prices of a few products can increase exports, but their article claims that large changes in the relative prices of all imports and exports will not affect the trade balance. This makes absolutely no economic sense. Massey and Sands have substantial business interests in China. They direct Sierra Asia , a consulting firm that “has represented more than 50 major corporations in China from the U.S., Europe, and Japan,” who are “establishing and maintaining successful operations there.” Massey and Sands represented Sierra at a China business forum in Memphis last month sponsored by the U.S. Chamber of Commerce and its local affiliate. Were the RMB to rise by 35% to 40%, to its fair market value, global corporations would have less interest in outsourcing production to China and Sierra Asia’s fees on such deals would decline. The op-ed by Massey and Sands is part of a larger campaign by the Times editorial page opposing efforts to get tough with China on currency manipulation. On August 15 they published an editorial on the ” Return of the Killer Trade Deficit ” which said that the United States needs to correct its longstanding trade deficit with the world. However, they claimed that moves to impose tariffs would be a “bad way to address the problem,” instead they call for jawboning rich countries to increase demand. They also argue that the United States should rebalance spending and saving. But the United States possesses no policy tool that can directly influence either demand in other countries or spending and saving in this country. But we can directly affect exchange rates, by imposing (or better yet, threatening to impose) import tariffs. Paul Krugman responded immediately to the Times editorial on his blog, where he said that China is practicing “a seriously predatory trade policy” and that we should confront the China currency “issue head on.” He noted that if it leads to trade conflict, “surplus countries [such as China] have a lot to lose from such conflict, while deficit countries may well end up gaining.” Krugman had previously called for the United States to threaten China with a 25% import surcharge if it refuses to revalue. I responded to the “Return of the Killer Trade Deficit” with an (unpublished) letter to the editor that summarized the history of U.S. currency interventions in 1971 and 1985. I have reviewed this history in several recent publications, including recent post on this blog, ” U.S. jobs depend on China revaluing its currency now .” The Times appears to view the currency manipulation problem as a foreign policy issue in which relations with countries like North Korea assume more importance than the economic damage being done to the United States by currency manipulation. It argued that we should take care to avoid conflicts with a country that is fast developing one of the largest economies in the world. However, Chinese currency manipulation is a disease that is eating away at the core of the U.S economy, and threatens the nascent global recover. Unchecked, it will lead to the development of new bubbles in the U.S., Chinese, and global economies. We need to demonstrate to China that we have the strength and resolve to address this issue directly. Once it is settled, the path will be cleared for much closer cooperation on the host of diplomatic issues that crowd our bi-lateral diplomatic agenda, from North Korea’s nuclear weapons to re-unification on the Peninsula, to weapons proliferation in Iran and China’s relations with rogue nation/states in Africa. Currency realignment works because it reduces unfair competition from imports in this market, and because it makes U.S. exports more competitive on world markets. A number of economists have estimated that ending currency manipulation by China and other countries can create at least 1 million jobs, increasing U.S. GDP and sustainable growth while helping to reduce both U.S. trade and budget deficits. As GDP rises (by 1% to 1.5% according to Krugman), wages and tax receipts will rise and spending on unemployment insurance and other forms of public assistance will decline. The United States also needs to rebuild U.S. manufacturing by investing in R&D, clean energy, infrastructure, and workforce development. We also need to put an end to illegal subsidies and other unfair trade practices by China and other countries. This will create domestic demand for manufactured goods, develop new products that we can sell to the rest of the world, and open those markets to goods made in America. Over the past decade, other high-wage, developed countries such as Germany have maintained large manufacturing sectors with rapidly growing exports and a growing trade surplus. We need to learn from those successful players as we rebuild world-class, competitive manufacturing industries. The first step is to create a level playing field by rebalancing exchange rates with China and other countries, and that won’t happen without the threat of tariffs or other import restraints from the United States. EPI is a non-profit think tank that receives the majority of its funding from foundation grants. It is also receives financial support from U.S. labor unions and industrial associations that would benefit from a rising yuan and a falling U.S. trade deficit.

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Video: Bloomberg Businessweek’s Ellis on Ethnic Food Marketing: Video

July 9, 2010

July 9 (Bloomberg) — Bloomberg Businessweek Assistant Managing Editor James Ellis talks with Carol Massar and Matt Miller about fast-food advertising techniques and McDonald’s Corp.’s use of marketing cues from ethnic communities. (Source: Bloomberg)

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Don McNay: New York Times Does Not Understand Main Street

June 11, 2010

We can try to understand The New York Times effect on man ~ Bee Gees The headline on the Rural Blog , for the Institute for Rural Journalism and Community Issues, based at the University of Kentucky, said the New York Times misses point in story on Main Street versus Wall Street in regulatory battle.” That is a vast and gross understatement. The blog points to a story by David Herszenhorn . Mr Herszenhorn plopped down in Louisville, Kentucky, home of Senate Minority leader Mitch McConnell. He saw a few branches of “too big to fail” banks or projects that got money from Wall Street firms. This caused Mr. Herszenhorn to leap to the conclusion that “Main Street seems less an innocent victim of Wall Street in the financial crisis of 2008 than a savvy counterparty, whose own dealings contributed to the days of easy credit and overinflated real estate prices that led to the collapse.” Huh? How did he come to that conclusion? Sounds like he wrote it on the plane before he got here. If Herszenhorn had gone to New Orleans instead of Louisville, I suspect he would have seen a few BP stations and concluded that Main Street in Louisiana was”counterparty” to the massive oil spill in the Gulf of Mexico. McConnell lives in Louisville but represents all of Kentucky, including my town of Richmond, 70 miles away. I’ve lived in Kentucky 49 of my 51 years. (I lived in Nashville two years when I was in graduate school at Vanderbilt.) I see a different Main Street than the New York Times does. I can look out from my office and see Richmond’s entire Main Street. I see one branch of a “too big to fail” bank that got bailout money. I can a two branches of regional banks that got bailout money along the way. Other than that, I don’t see any high flaunting, Wall Street types, throwing their money around on my Main Street. I’m sure it’s the same on thousands of other Main Streets across the United States. Many of us are participating in the “Move Your Money” campaign that Arianna Huffington started as we want to minimize Wall Street’s the small amount of Wall Street influence that does exist. I’ve been opposed to the bailouts from the first day because I knew it was an inside deal for Washington and Wall Street. The rest of us were not invited to the party. We were only expected to pay for it. Having David Herszenhorn wander around Louisville for a few hours is not going to change that view. Herszenhorn might want to take a look at Michael Lewis’s book, The Big Short or Too Big to Fail by his fellow New York Times staffer Andrew Ross Sorkin. I can’t see where Main Street is responsible for the greed, recklessness and decision making outlined in those books. It’s like blaming a murder victim for being in the wrong place at the wrong time. Although I strongly disagree with Mr. Herszenhorn’s opinion, I really question the judgment of the editor, or editors, who assigned him to the story. Looking at Mr. Herszenhorn’s biography on ProCon.org, it shows that before working for the New York Times , he went to high school in Flushing NY, went to college at Dartmouth and currently lives in Douglastown, New York. The perfect guy to assign to a story about Kentucky’s Main Street. I hope they gave him a map. Since I am a lifelong Democrat who voted for President Obama, I’m not prone to New York Times bashing. I read it everyday and some of the greatest journalists to walk the planet, like Joe Nocera and Thomas Friedman, write for it. The Rural blog said that ” The New York Times often provides the best rural coverage of any national news organization, because it has the staff and the editorial interest required to do the coverage.” I have to agree. The Rural blog also said that “sometimes the paper misses by a mile.” That is certainly the case with Herszenhorn’s story. It seemed like he was using any hook, no matter how flimsy, to justify the Wall Street bailout that the Washington and New York elite pushed through and now try to justify. The New York Times can keep pumping out stories like Herszenhorn’s. Time Magazine can keep putting Ben Bernanke on its cover as “Man of the Year.” The New York centric media can keep telling us over and over again that the bailouts were good for Main Street. We are not going to believe it. I feel like the Times and other Eastern elites are trying a stunt best described by Lyndon Johnson. They are trying to “piss on our boots and tell us it’s raining.” Sitting here on Main Street, I don’t see the rain. http://www.nytimes.com/2010/06/11/business/economy/11main.html?ref=business Don McNay, CLU, ChFC, MSFS, CSSC is an award-winning financial columnist and Huffington Post Contributor. You can read more about Don at www.donmcnay.com McNay founded McNay Settlement Group, a structured settlement and financial consulting firm, in 1983, and Kentucky Guardianship Administrators LLC in 2000. You can read more about both at www.mcnay.com McNay has Master’s Degrees from Vanderbilt and the American College and is in the Hall of Distinguished Alumni of Eastern Kentucky University. McNay has written two books. Most recent is Son of a Son of a Gambler: Winners, Losers and What to Do When You Win The Lottery McNay is a lifetime member of the Million Dollar Round Table and has four professional designations in the financial services field.

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Morgan Stanley Says Stephen Roach to Relocate to New York From Hong Kong

June 3, 2010

June 4 (Bloomberg) — Morgan Stanley , the world’s largest brokerage, said Asia Chairman Stephen Roach will relocate to New York from Hong Kong and become its non-executive chairman for Asia. The move will take effect on July 1, Morgan Stanley said in an e-mailed statement today. Roach, 64, will also join the faculty of Yale University, with a joint appointment at the Jackson Institute for Global Affairs and the School of Management, according to the statement. “While Steve has made the decision to return to the U.S. and join the faculty at Yale, we are delighted he will also remain with the firm,” Chief Executive Officer James Gorman , said in the statement. Roach has served as senior representative of New York-based Morgan Stanley to clients, governments, and regulators across Asia since 2007. He was previously chief economist. Before joining Morgan Stanley in 1982, Roach worked at Morgan Guaranty Trust Company and on the research staff of the Federal Reserve Board in Washington. He has a Ph.D. in economics from New York University. Roach will travel regularly for Morgan Stanley and “stay connected to clients, governments and regulators in Asia and other parts of the world,” according to today’s statement. At Yale University, he will teach upper level undergraduates and graduate students with a focus on Asia and macroeconomic policy. His first course will be on the Chinese economy this fall. Roach has criticized calls to pressure China to allow a stronger currency and forecast that China’s economy will be the largest contributor to global growth by 2025. — Luo Jun . Editor: Brett Miller To contact Bloomberg News staff of this story: Luo Jun in Shanghai at +8621-6104-7021 or jluo6@bloomberg.net To contact the editor responsible for this story: Philip Lagerkranser at +852-2977-6626 or lagerkranser@bloomberg.net

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Robert Teitelman: Transactions: May 17, 2010

May 17, 2010

Europe without Greece is like Main Street without Wall Street. Difficult to fathom, even if Goldman, Sachs & Co. has been naughty. For now, Greece can stay; but it skittered perilously close to getting voted off the Continent, mostly by Germany, which seems to control the votes. There’s a tangle of macroeconomics that makes relations between Greece and Germany fraught (including the threat of infecting Portugal, Spain, Ireland, the U.K.) and the euro-zone situation dire. The crisis is exacerbated by Europe’s uneven evolution, which remains more an economic than political construct, as if the United States consulted the Constitution for economic matters and the Articles of Confederation for politics. That said, the nub of the dispute comes down to matters no treaties, directives or decrees can bury: history, tradition, emotion, perception. In the end, Germany can’t understand why Greeks aren’t, well, German (Greeks disagree): orderly, tax paying, thrifty, export-oriented, resistant to inflationary temptations. And, even stranger, German intellectual tradition has long had deep affinities with the Greeks — unfortunately, the Greece of Pericles and Plato, not Papandreou and his minions. It’s like some alien race dropped into Greece, with a weakness for deficit spending and creative accounting. How will this end? Who knows. Even if you succeed in comprehending Europe’s deepening economic woes (good luck), it’s devilishly more difficult to track deeper emotional currents of a Europe that, socially and culturally, has resisted amalgamation in Brussels’ technocratic melting pot. This raises an issue exposed by the financial crisis: the shaky apotheosis of economics or economic thinking. The crisis left the efficient-market hypothesis, with its engine of rational expectations, less a universal explanation for economic behavior (meaning, ipso facto, any behavior) and more, at best, a tendency. Bailouts and backlashes provoked panic, then frenzy, behavior the theory once defined out of existence. That, in turn, ushered in a remarkable conclusion: folks act for many reasons, rational, irrational, hinged, unhinged. Individuals, groups, societies are not necessarily consistent, logical, informed or coherent. They can, for instance, demand bankers lend while pelting them with rotten fruit. They can admire Greece but not Greeks. They can engage in bouts of world domination led by madmen. Meanwhile, the fissuring of economic hegemony also threatens another set of ideas: theories of global convergence and of determinism, otherwise known as flat-earthism (danke, Thomas Friedman). Indeed, the EMH long ago produced its doppelgänger: economic determinism, that is, the primacy of processes that optimize economic efficiency (including free trade). The demands of efficiency and competitiveness, the theory goes, produce market economies, open societies, liberal democracies, give or take a right or two; this is the end-of-history meme. Economic thinking, lashed to globalization, would roll over local customs, religions, prejudices, idiosyncrasies, cuisine; it is so powerful that even with the EMH reeling, economists remain go-to pundits. Globalization would plane off differences, drive convergence, integration and interdependence: Greeks are simply Germans who can dance. Certainly, there would be holdouts, refuseniks, reactionaries like the lunatic in North Korea; but, eventually, ordinary folks would crave iPads, Google, sweet-running automobiles and a bungalow in a suburb named La Casa Nostra. They would demand peace and Mexican vacations and worry about heaven and hell later. This was progress. This was flat-earthism. This was as much a crock as ultra EMH. The two hypotheses are symbiotic; undermine one, threaten the other. Sept. 11 was a great blow to flat-earthism, but it was also a dramatically presented gesture that economics wasn’t everything. We thought Sept. 11 was about terrorism, religion, power, but it was also a spectacularly staged attack on economic manifest destiny. The financial crisis was more overt, if less focused: Technocrats were as blind to the future as Greeks, mortgage holders and lords of Wall Street. If the future is again uncertain, inevitability is not inevitable. Still, it’s easy to get carried away. Most folks pick flat-panel televisions over jihad. Democracy and consumerism may sway in rhythm for long stretches. Wealth is generally more appealing than poverty. The EMH has its uses; and convergence persists. But the great dream of determinism has been shattered. We are stuck with fallible us. Judging and discriminating (in both senses) re-emerge; differences matter. We no longer fully believe in world-historical forces driving us toward integration, modernity, the freedom to browse. As Jagdish Bhagwati allows, there’s a difference between free trade in finance and in goods. Greeks aren’t Germans. You aren’t me. Free agency creeps back into the equation. It’s harder that way, and lacks utopian éclat, but what’s the choice? After all, the Greeks invented tragedy. See the complete archives of the Editor’s Note Robert Teitelman is Editor In Chief of The Deal

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Dan Dorfman: A Crash Scenario for Late 2010

May 12, 2010

“The most dangerous thing is illusion,” Ralph Waldo Emerson wrote. But last Thursday’s nearly 1,000-point decline in the Dow Industrial during the trading session was no illusion, nor was the accompanying 600-point tumble that day in a mere 20 minutes. It was the real thing as that day’s devastation wiped out nearly $1 trillion in equity values as the Dow wrapped up the session with a 347-point loss. More frightening, as Florida investment adviser Harry Dent, Jr., sees it, that day’s bloodbath is “a sign of things to come.” First, though, his reaction to the announcement the other day of a $1 trillion or $955 billion European rescue package that sent the Dow soaring 404 points. “Are the markets nuts or what?” asks Dent. He thinks the buyers who eagerly snapped up stocks that day are unmistakable illusionists, which my dictionary defines as persons subject to false impressions. Where the investing public is concerned, he thinks these illusionists are all over the place. The last time I caught up with Dent was in February when he predicted the Greek and European debt crises would get progressively worse and that the stock market would run into hurricane weather in May. He was right on. His update on the European crisis: the markets are still in total denial about the total amount of debt in the developed countries and the ability of governments to bail out and guaranty everything. They simply can’t, he says. Now we have the European version of TARP (Troubled Asset Relief Program) — another $1 trillion in stimulus and rescue. Where does it end? Dent, the editor of HS Dent Forecast , a monthly newsletter out of Tampa, Fla., looks for economic and geopolitical, and possibly even geological, challenges to continue to occur, and eventually our bail-out programs will not be able to respond. This is very likely to start to happen, he says, between July and August, and that will finally kill the “debt denial.” Addressing himself to what he regards as the most worrisome U.S. issue, burgeoning debt — $14 trillion in government debt and $42 trillion in national debt, of which $17 trillion is in the financial sector alone, in turn creating unprecedented leverage in investments, Dent figures once the markets wake up to the total amount outstanding and recognize the fact that it cannot be sustained, there will be rapid deleveraging. A contrarian and bearish as the dickens, he also takes a dim view of our economic scene. In contrast to many economists, who are looking for 3% to 3.5% GDP growth this year, Dent expects the economic roof to cave in around year end, with GDP turning negative between the fourth quarter of 2010 and the first quarter of 2011, and then worsening after that. His chief reasoning: Serious mortgage delinquencies will continue to go straight up, meaning home prices will not come back and banks will be struck with massive loan defaults; baby boomer spending, which peaked between late 2007 and early 2010, will falter badly, and unemployment, now 9.9%, will shoot up to 15%. Obviously, such expectations herald bum tidings for the stock market. Dent agrees, but not immediately, he says. He thinks investors should stay with the markets for now, as he feels new highs — in the 11,600-11,800 Dow range — are still the most likely scenario into late June or beyond. But then, he would sell into the rally and run because he sees another market crash that should knock down the Dow (currently around 10,830) to about 3,800 by year end. At the same time, he says he would unload real estate, commodities a bit later on and then move aggressively into cash. Speaking of commodities, Dent thinks that gold, which recently scooted to an all-time high of about $1,245 an ounce, may have hit a top for now after achieving 96% bullish readings in trader sentiment. He has similar thoughts about the U.S. dollar, which has attained 98% bullish readings. It’s worth noting that Dent has made some flamboyant forecasts in past years that have turned out to be dead wrong. Most noteworthy, I recall, was his 2005 prediction that the Dow would hit 40,000 in 2009. Still up in the air is another wild forecast — which he doesn’t consider wild — that was the subject of a book he had published last year, a New York Times best seller, by the way: The Great Depression Ahead . We won’t have to wait too long to judge his accuracy on this score since he expects the second Great Depression to kick off later this year or in early 2011. What do you think? E-mail me at Dandordan@aol.com

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Novum Statement on FSA Insider Trading and Hedge Fund Fraud Case

March 26, 2010

New York (HedgeCo.net) – The Financial Services Authority (FSA) visited the offices of independent UK securities stockbroker, Novum Securities, on the 23 of March in relation to an investigation into a single member of Novum’s staff, who has been with the firm since July 2009. Novum Securities said that they have, “been cooperating fully with the investigation and will continue to do so.” In what is being called the largest insider trading crackdown in Britain’s history, an operation was carried out this week by 143 FSA personnel together with officers from the Serious Organised Crime Agency (SOCA). Documents and computers were seized from both residential and business premises, according to reports. A junior trader at hedge fund Moore Capital was arrested and an employee at Deutsche Bank was also taken for questioning. All together, 6 men were arrested on suspicion of being involved in a sophisticated and long-running insider dealing ring, the FSA said in a statement. Alex Akesson Editor for HedgeCo.net alex@hedgeco.net HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership in HedgeCo.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds ! Tags: Developing Stories , Hedge Fund Fraud , HedgeCo News Related posts No related posts.

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FSA Raids 16 Homes And Offices On Suspicion Of Hedge Fund Insider Trading

March 23, 2010

New York (HedgeCo.net) – In their first joint operation, the Financial Services Authority (FSA) and the Serious Organised Crime Agency (SOCA) have this morning searched 16 addresses in London, seizing documents and computers from both residential and business premises. Six men, including two senior professionals at leading city institutions and one city professional at a hedge fund have been arrested on suspicion of being involved in a sophisticated and long-running insider dealing ring, the FSA said in a statement. The operation was carried out by 143 FSA personnel together with officers from SOCA as part of a joint investigation that commenced in late 2007. The FSA alleges that the city professionals passed inside information to traders (either directly or via middlemen) who traded based on this information and have made significant profits as a result. The FSA has so far secured five sentences of imprisonment (one suspended) in relation to insider dealing: McQuoid and Melbourne in March 2009; Matthew and Neel Uberoi in November 2009 and Malcolm Calvert on 11 March 2010. The FSA is currently prosecuting three other insider dealing criminal cases: Andrew King, Andrew Rimmington and Michael McFall, with a trial date of 19 April 2010; Christian and Angie Littlewood and Neil Rollins, their trial dates are yet to be set. Alex Akesson Editor for HedgeCo.net alex@hedgeco.net HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership in HedgeCo.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds ! Tags: Hedge Fund Fraud , HedgeCo News Related posts No related posts.

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CEOs Say Sorry and Thanks for All the Dough: Susan Antilla

March 9, 2010

Commentary by Susan Antilla March 9 (Bloomberg) — Everywhere you look, there’s a CEO apologizing for something. Toyota boss Akio Toyoda is apologizing about the big, fat problem with his mysteriously accelerating cars. Morgan Stanley’s John Mack says he regrets his firm’s role in the credit crisis, and is “especially sorry for what’s happened to shareholders.” Lloyd Blankfein of Goldman Sachs is remorseful, and John Reed , former co-chief executive officer of Citigroup is contrite because “people I love and care about” have been affected by the financial meltdown. Domineering, control-freak executives don’t have a long history of offering penance or much else — save greed — for that matter. These days, though, executives are throwing caution to the wind, expressing emotion and even offering gratitude to shell-shocked taxpayers for their coerced largesse in providing bailout funds. Vikram Pandit , head of Citigroup, thanked taxpayers last week and Brian Moynihan , who runs Bank of America, did the same in January. You’re welcome, Mr. Pandit and Mr. Moynihan. Now does this mean you’ll stop sending us those credit-card nasty-grams with the sneaky little nuisance-fee provisions? It’s great public relations to show a little humility at a time when taxpayers are gunning to storm the gates. I wonder, though, if the showing of corporate remorse is a spin-inspired flash in the pan that will go the way of the balanced budget as soon as the economy is humming and people are feeling flush and greedy again. Or is there some new sort of pressure on institutions that will give the Big Shot apology legs? Tsunami of Trouble One reason we’re seeing so many executive apologies is the tsunami of crises from Wall Street to Hollywood to Tokyo. The story about the VIP reduced to groveling “has become an art form on ‘Entertainment Tonight,’” says Stephen A. Greyser , professor of business administration at Harvard Business School . It’s an art form in which words often are carefully parsed. Watch for the scripted non-apology where the CEO delivers some version of “If you feel you’ve been hurt, we are sorry for that.” Or the guarded apology like this one from Blankfein: “We participated in things that were clearly wrong and have reason to regret.” What things? Things done by whom? And what have you done to be sure it doesn’t happen again? With a cell-phone camera in every pocket and an Internet audience instantly riveted to postings of fresh scandal, it’s harder than ever for executives to deny, cover up and get back to the golf course. The text or video about your blunder can make its way around the virtual world before you can get the lawyers and PR guys on the phone to cook up an artful version of “No comment.” No Hiding “You can’t hide the mistakes like you used to,” says John Kador , author of “Effective Apology: Mending Fences, Building Bridges and Restoring Trust.” OK, so it’s easier to get caught, but you have to wonder whether the Apologetic CEO Phenomenon is destined to abruptly disappear once the economy limps its way out of Hades. If nothing else, executives accustomed to bossing people around and getting the best table at San Pietro hate having to grovel and are only going to do it when their backs are to the wall. That goes double for the older coots — I mean men of a certain age – - who don’t know enough to fly commercial when they’re off to tell Washington that their car companies need a little bailout money. They may not like it, but top execs had better get used to the idea of owning up to mistakes, says Daniel Diermeier , business professor at Kellogg School of Management at Northwestern University. Customers — particularly more socially conscious younger ones — have higher expectations of the companies they do business with, and aren’t letting CEOs get away with self-serving arguments about how business is done. Levin’s Mea Culpa Consider the old notion that bankers are socially useful in spite of their excessive pay and often-egregious conduct because they supply the lubricant that keeps the economy chugging along. Economy? What economy? The public has written bankers off. The Edelman PR firm asked 4,875 college-educated Americans last fall if they trusted bankers to do the right thing. Only 29 percent said yes. That’s down from 68 percent in 2007. So they apologize and thank us and even expound on their transgressions on cable television. Gerald Levin , former head of Time Warner, gave one of the more believable apologies I’ve seen during an interview on CNBC in January. Levin said that as the guy in charge at the time, the disastrous merger of Time Warner and AOL was his fault — not his board, bankers or lawyers. The mea culpa would have been perfect except for one unfortunate word. “I presided over the worst deal of the century, apparently,” he said. Apparently? Nah, I think we can all agree that you presided over the worst deal of the century, period. Tiger Halts Traffic Another famous extended apology was the one so high-profile that it actually slowed New York Stock Exchange trading for a few minutes. Commerce came to a halt to hear Tiger Woods , the man in charge of his own billion-dollar brand, on Feb. 19. But so far, it hasn’t worked. A poll to measure the popularity of corporate spokespeople by Onmicom Inc., taken several weeks later, showed the golfer’s appeal as a corporate spokesman had reached a new low. Some mea culpas will work, some won’t. While the remorse movement continues on, it’s getting like a ‘70s-style love-fest with all the expressions of sorrow, gratitude and love. You sensitive guys are getting me all choked up. ( Susan Antilla is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. For Related News and Information: More Antilla columns: NI ANTILLA More Bloomberg columns: OPED or NI COLUMNS BN Top financial stories: FTOP

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Bull Market Is Coming With Tax-Exemption Deathwatch: Joe Mysak

March 2, 2010

Commentary by Joe Mysak March 2 (Bloomberg) — Get ready for what may be a historic bull market in municipal bonds. States and localities are grappling with widening deficits, soaring pension and benefit costs, as well as political gridlock. Some are even talking about the advisability of entering Chapter 9 bankruptcy. None of this makes a difference. The game-changer was the proposal last week from Senators Ron Wyden of Oregon and Judd Gregg of New Hampshire to overhaul the U.S. tax system. Among the suggestions: Kill the tax- exemption on municipal bonds and prohibit advance refunding, or refinancing debt before its first call date or maturity. This is going to produce a rush to market, as bond issuers sell what they fear may be the last tax-exempt bonds and refinance whatever high-coupon debt they still have outstanding. As much as they sell, it won’t be enough to satisfy demand from investors looking to sink money into one of the last legal tax shelters. The interest rates that issuers have to pay to borrow money will plummet. The last quarter of the year will be frenzied for anyone who works in the market, from issuers to rating analysts to bankers to bond lawyers to investors. Does this scenario sound far-fetched? There is a precedent, and that was the last time the municipal market faced the threat to tax exemption: 1985. Driven by Fear That was the year municipal-bond sales first broke the $200 billion mark — $207 billion, to be precise. And that was more than double the previous year’s sales, itself a record $102 billion, according to the Bond Buyer newspaper. In 2009, municipal issuers sold $428 billion in bonds. Is $800 billion in 2010 impossible? It sounds outlandish. So did the $207 billion sold in 1985. Almost half was sold in the last quarter of that year, with $59 billion coming to market in December alone, still a record for any month of muni sales. It was all driven by fear that the end was nigh. Even as issuance surged, the rates municipalities had to pay fell. The Bond Buyer’s 20-year index, which measures how much it costs high-grade general-obligation bond issuers to borrow for 20 years, began the year at 9.87 percent, and finished at 8.36 percent. Interest rates overall were falling, of course: Federal funds began the year at 8.25 percent, and ended at 7.75 percent. But this was in the face of record municipal supply, remember. Abolition Talk Issuers in 1985 were reacting to a vague set of threats to prohibit certain kinds of tax-exempt bonds, not outright abolition. That didn’t occur until 1986, when Senator Bob Packwood of Oregon proposed subjecting all tax-exempt bonds to an alternative minimum tax, a suggestion that was watered down shortly after it was broached. The Wyden-Gregg legislation is much more of a menace. Unless the whole notion of reforming the tax system is strangled in its cradle, which is doubtful, municipal-market participants should treat this as serious business. There’s nothing protecting tax-exemption as a right. The constitutional basis for tax-exemption was struck down by the U.S. Supreme Court in 1988. In 2009, states and localities showed how easily they could be bought off by the introduction of Build America Bonds, whose 35 percent interest-rate subsidy made borrowing taxable cheaper than borrowing tax-exempt. Tax Dodge Maybe Congress will provide issuers with a similar subsidy for all of their bonds. Maybe it will set up special credits for investors. Or maybe Congress will do nothing at all except kill the tax exemption. A lot can happen to legislation as it is being negotiated and debated. Let’s just say that tax exemption is outlawed in 2011. What happens? On the plus side, all the arbitrage scams cooked up by clever bankers that have bedeviled the market for the past two decades, such as the almost unexplainable matter of yield burning, would disappear. Just about all of them spring from bond issuers having to comply with numerous restrictions on how much they can earn on tax-exempt proceeds. The U.S. Treasury has long considered the municipal market a tax dodge for rich people. Of the 143 million tax returns filed in 2007, the latest date for which information is available, 6.3 million, most in the top income brackets, claimed $76 billion in tax-exempt interest. That figure would increase a bit with the market’s last hurrah in 2010, and dwindle thereafter. Why Buy? On the minus side, it would cost a lot more for states and cities to borrow money. The composition of the market would change, from one dominated by individual investors to one that was almost entirely institutional. Why would any individual want to buy municipal bonds, which are particular and specific to a remarkable degree, without the lure of tax-exempt yield? As a taxable instrument, they almost couldn’t pay individual investors enough to try and unravel the weird structures and convoluted credits. Recall, too, that insurance no longer makes municipal bonds a AAA commodity as it once did. Standing on their own, state and local bonds are often inexplicable, and frequently scary. Last call for tax-exempts! ( Joe Mysak is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Joe Mysak in New York at jmysakjr@bloomberg.net

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Real Men in Maine Have a Wife Who’s a Teacher: Amity Shlaes

March 2, 2010

Commentary by Amity Shlaes March 2 (Bloomberg) — Last November, bosses at a certain company in Marlboro, New Jersey, went to employees asking for help. It was a tough stretch, and the unemployment rate had just exceeded 10 percent for the first time since April 1983. Management told the staff it just couldn’t pay rising health-care costs without some financial give from the workers. The employees refused to help. In the end it was the employer that gave ground, committing to a raise of 23 percent over five years. The Newark Star-Ledger, which reported the story of this surrender in detail, noted that the company even promised to spend more on health-care benefits by extending family coverage. Employers at other, similar offices throughout the Garden State caved as well. How could this happen? It happened because the workers were teachers, public-sector employees, not workers in the private sector. Well, duh, would have been the typical response until recently. Police, firefighters, and teachers are holy. So until now, even if you wanted to complain about what was going on in a place like prosperous Marlboro, you couldn’t. There was nothing you could do to alter the situation, so why even raise the issue? But that’s changing, as evidenced by the Star-Ledger’s decision to shame the Marlboro educators. The public is beginning to question the legitimacy of public unions’ power because taxpayers know that commitments for worker health care and pensions are busting state budgets all over the country. For those who recoil at these unions and their entrenched power, it is perhaps useful to go back to their history. It reveals that there was nothing inevitable about strong unions in the American public sector. Firework Envy At the end of World War I, workers in the U.S. watched the fireworks in the new Soviet Union with envy. They too wanted big unions, both in the private and public sectors. The Boston police were most hopeful. After all, the working conditions for these men were terrible. An author who toured a police station behind City Hall noted that “the bugs were so voracious that they ate the leather on the police helmets and belts.” The policemen joined a union and went on strike. The Massachusetts governor, Calvin Coolidge , was slow to respond, deeming strike management the job of police Commissioner Edwin Curtis. Curtis fired the men. Afterward, Coolidge weighed in with a line that inspired Ronald Reagan : “There is no right to strike against the public safety by anybody, anywhere, any time.” The policemen never got their jobs back. Coolidge’s declaration catapulted him to national fame and a slot as vice presidential candidate on the 1920 Republican ticket. Workers’ Champion What about Franklin Roosevelt , that champion of the worker? FDR, after all, was the president who signed the Wagner Act of 1935, which gave us modern collective bargaining in private industry. But when it came to the public employees, FDR stayed close to Coolidge. In 1937, a year when industrial unions were striking furiously, FDR penned a letter to the head of the National Federation of Federal Employees, arguing that when the question regarded pay, hours and grievances, civil servants ought to be no different from those in the private sector. But collective bargaining, FDR wrote, was an exception. It couldn’t, he said, “be transplanted into the public service.” He particularly disapproved of “militant tactics” and reminded Luther Steward, president of the organization, that his own association’s charter banned strikes. The president who finally did give public unions their modern powers was John F. Kennedy . In 1962, Kennedy signed Executive Order 10988 , which allowed collective bargaining and gave unions other powers. Union Tool The same year Kennedy also gave public-sector unions a tool to justify higher wages by signing the Salary Reform Act of 1962, which established that there be “comparability” of public-sector pay to pay in the private sector. One senses that even Kennedy wasn’t sure he was right. The executive order, for example, excluded the Federal Bureau of Investigation, the Central Intelligence Agency, and any other office performing security functions should its head deem that collective bargaining would endanger national security. One of the slowest federal agencies to obey the order and extend recognition to unions was the Justice Department, headed by President Kennedy’s brother Robert. Observers understood what Kennedy had done. Later presidents might move against public unions — as Reagan did against PATCO, the air traffic controllers’ union. But they couldn’t stop the growth. Airport Security This reluctance to allow union bargaining in sensitive areas is germane now because the American Federation of Government Employees is petitioning for the right to organize the 40,000 airport-security workers across the country. The public-sector unions recently surpassed private-sector unions in membership. And the lengths to which Americans have gone to accommodate public-sector unions is extensive and artful. In rural New England, a joke circulates about one such accommodation. “What makes a real man?” the joke starts. “Well, a real man is independent. A real man has a pickup,” goes the next line. And the joke proceeds: “A real man has a dog. A real man has a rifle. A real man has a pickup, a dog, a rifle, and — a wife who’s a teacher.” This may work for some, but the more general marriage between the country’s public-sector workers and the private economy isn’t a good deal for the economy. Pretty soon we will see states rewriting contracts with employees, dialing down pensions and pay so they line up with the rest of us. The process will feel nasty, but the states have to do it — even when it involves a teacher. ( Amity Shlaes , senior fellow in economic history at the Council on Foreign Relations, is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Amity Shlaes at amityshlaes@hotmail.com

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Only the Savviest Forecasters Win My DEFT Contest: John Dorfman

March 1, 2010

Commentary by John Dorfman March 1 (Bloomberg) — Very few people foresaw the Great Recession of 2007-2009. That’s really no surprise. Most economic forecasters fall on their faces at turning points. For example, in January 2008 only five of 62 economists surveyed by Bloomberg News predicted a recession. The consensus was that the chance of a recession developing within 12 months was 40 percent. In fact, it was already under way. Can you do any better than the experts? One way to find out is to enter my annual Derby of Economic Forecasting Talent (DEFT), which I am now reviving after a few years of dormancy. Some of the previous contests were won by financial professionals, including a Fed official in Richmond, Virginia, and money managers in Chicago and New Jersey. Other winners were amateurs. For example, the victor one year was a recent graduate of the University of New Mexico who hadn’t yet found her first job. (At least she was an economics student, not an English major.) So far, no economist has taken first place, though quite a few have entered. The number of entrants per year has ranged from about 40 to more than 100, including people in all walks of life from about a dozen countries. Pros and Amateurs Why can amateurs fare as well as they have in the contest? Experts in almost all fields make mistakes frequently. This is not because they are inept poseurs, but simply because forecasting complex systems is incredibly difficult. Researchers have studied cardiologists analyzing electrocardiograms, racetrack bettors handicapping thoroughbreds, and meteorologists forecasting storms. Their studies show it is often difficult even for knowledgeable people to outperform a simple computer model. The DEFT contest itself provides strong evidence of the challenges of forecasting. Contestants have often missed the boat whenever a key aspect of the economy veers from trend. For example, in 2003-2004 every single contestant underestimated the rise in the price of oil. Here are the six questions you must answer to enter the DEFT contest for 2010-2011. Question 1: Economic Growth. U.S. gross domestic product in the fourth quarter of 2009 was growing at an annualized rate of 5.7 percent. Growth was 2.2 percent in the third quarter, and had been negative in five of the six previous quarters. What will be the pace of economic growth in the fourth quarter of 2010? Question 2: Inflation. The U.S. consumer price index rose 2.6 percent in the year ended January 31, 2010. Twelve months before that it was flat. What will be the comparable figure as of January 31, 2011? Question 3: Interest rates. The interest rate on 10-year bonds issued by the U.S. Treasury stood at 3.58 percent at the end of January, up from 2.84 percent a year earlier. What rate of interest will 10-year Treasury bonds pay as of January 31, 2011? Question 4: Oil prices. A barrel of crude oil (West Texas intermediate, spot price) traded for $72.89 at the end of January, up from $41.68 a year earlier. What will be the price of a barrel of oil on January 31, 2011? Question 5: Retail sales. U.S. retail stores rang up $356 billion in sales in January, compared with $340 billion a year previously and $376 billion two years earlier. Rounded to the nearest billion, what will be the monthly total for retail sales in January 2011? Question 6: Unemployment. The U.S. unemployment number is crucial in affecting public mood, consumer confidence, political fortunes and quality of life for many Americans. As of January 31, the official unemployment rate was 9.7 percent. The comparable figures were 7.7 percent in January 2009 and 5 percent in January 2008. What will be the unemployment rate as of January 31, 2011? To enter, e-mail me at dorfman1@bloomberg.net , providing your answers to the six questions above, plus a phone number and e-mail address to allow me to contact you if you win. If you do not receive an acknowledgement of your e-mail entry within 72 hours, please re-send it. All entries must be time-stamped by midnight on March 15, 2010. The contestant with the most accurate answer to each question receives three points. Second place gets two points, third place one point. While the theoretical maximum is 18 points, a score of four to six points is often enough to win. The winner will receive a trophy from me, plus bragging rights at home and at work. Good luck. ( John Dorfman , chairman of Thunderstorm Capital in Boston, is a columnist for Bloomberg News. The opinions expressed are his own. His firm or clients may own or trade securities discussed in this column.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: John Dorfman at jdorfman@thunderstormcapital.com

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Wen Says He’s `Confident’ Government Can Keep China Home Prices Affordable

February 27, 2010

Feb. 27 (Bloomberg) — China Premier Wen Jiabao said he’s “confident” he can manage the nation’s soaring property market and keep home prices at a reasonable level during his tenure. The government aims to boost the supply of affordable housing and will use “economic and legal measures” to curb home purchases for speculative purposes, Wen said during a Webcast today from Beijing. China’s policy makers aim to avert asset bubbles and restrain inflation after banks extended 19 percent of this year’s 7.5 trillion yuan ($1.1 trillion) lending targets in January and property prices climbed the most in 21 months. China’s growth accelerated to 10.7 percent in the fourth quarter, the fastest pace since 2007. The central bank earlier this month ordered lenders to set aside more deposits as reserves for the second time in a month to cool the world’s fastest-growing economy. Wen said today that 2010 will be the most “complicated” year for the Chinese economy as the government needs to strike a balance among maintaining “stable and relatively fast” growth, adjust the nation’s growth model and manage inflation expectations. He reiterated that China will continue a “moderately loose” monetary policy this year. Consumer prices rose 1.5 percent from a year earlier in January, down from 1.9 percent in December, on smaller gains in food prices. Inflation will accelerate to 3.6 percent by the end of June, according to a Bloomberg News survey of economists. Property prices across 70 cities surged 9.5 percent in January from a year earlier, exports climbed and producer-price inflation accelerated. Trade Surplus Last year’s record lending of 9.59 trillion yuan and a 4 trillion yuan stimulus package have helped the nation to lead the recovery from the first global recession since World War II. The world may again count on China as the biggest engine of growth. The World Bank last month raised its forecast for the global expansion in 2010 to 2.7 percent from 2 percent in June, and predicted 9 percent growth in China, which is poised to overtake Japan as No. 2 in GDP rankings this year. Wen said the U.S. should ease restrictions on exports of technology products as a way to narrow China’s trade surplus. China and U.S. should settle trade friction through negotiations rather than sanctions, Wen said today, adding he hopes 2010 won’t be an “unpeaceful” year for the two nations. U.S. Senator Charles Schumer and 14 colleagues said this week Chinese exporters should be hit with stiffer U.S. tariffs to compensate for the unfair advantage they get from an undervalued yuan. China’s central bank buys dollars to keep the yuan from strengthening, purchases that helped drive China’s foreign- exchange reserves 23 percent higher to a record $2.4 trillion last year. Japan’s reserves are the world’s second largest at $1 trillion. — Luo Jun . Editors: Virginia Van Natta , Jim McDonald To contact Bloomberg News staff of this story: Luo Jun in Shanghai at +8621-6104-7021 or jluo6@bloomberg.net To contact the editor responsible for this story: Mike Millard at +65-6212-1519 or mmillard@bloomberg.net

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Goldman Sachs Is Innocent of Greece’s Swap Crimes: Mark Gilbert

February 24, 2010

Commentary by Mark Gilbert Feb. 25 (Bloomberg) — For once, the whipping boys and girls of finance are innocent. The European Union is investigating Goldman Sachs Group Inc.’s role in the financial sleight of hand that helped Greece use swaps to postpone the day of economic reckoning past its ascension to euro membership. Goldman says, rightly, there was “nothing inappropriate” in the transactions it facilitated. Most of the elements of a crime are present. There’s a victim — trust in the common-currency project. There’s a weapon, in the form of the derivatives that trimmed 2.37 billion euros ($3.2 billion) off the nation’s debt burden. And there’s a perpetrator, the Greek government, which knew its finances were too shaky to ditch its currency, the drachma. There also seems to be an accomplice — Goldman Sachs , which had the financial-engineering skills to crack open Greece’s budget deficit and spirit enough of its obligations away to a future date to ensure it qualified to join the euro. What’s missing is any broken law. The architects of European integration knowingly and with malice aforethought added the words “additional measures” in a footnote to the blueprint, letting Italy fudge its numbers to get into the club. Slapping Kittens That’s the same loophole Greece was able to exploit, in line with the rules, aided and abetted by Goldman Sachs. So while German Chancellor Angela Merkel said this month “it’s a scandal if it turned out that the same banks that brought us to the brink of the abyss helped fake the statistics,” she’s wagging her finger at the wrong party. The DNA of investment bankers drives them to find and exploit malleable clauses, bend rules, take maximum advantage of the unintended consequences of legislation. Chastising Goldman Sachs for flexing its muscles on behalf of a customer is akin to slapping a kitten for its adventures with a ball of wool, or admonishing a killer whale for playing with its lunch by tossing a baby seal in the air before ingesting the pup. Society doesn’t want to outlaw investment banking (not yet, anyway), any more than it wants to euthanize wool-bothering kittens. The trick is to keep the knitting supplies locked in a cupboard; the EU cannot leave the door ajar for reasons of Italian political expediency, and then complain when the floor ends up resembling a Jackson Pollock . Balance-Sheet Shifts Creative accounting — which is just a polite way to talk about cooking the books — is nothing new for countries. Italy used a yen-denominated swap to give its finances a one-time puff and avoid the ignominy of failing to qualify for the euro. In the U.K., so-called public-private partnerships and private finance initiatives allow the government to shift the burden of costly infrastructure onto the balance sheets of companies that tender successfully to manage and build the projects. The companies get access to rampant profit potential, in return for the government suppressing its debt burden. Greece is a particularly apt subject for the old joke about lies, damned lies and statistics. In September 2004, the nation had to revise up its deficits for 2000, 2001 and 2002. The gap for the first year was more than doubled to 4.1 percent, while that of the two later years almost tripled to 3.7 percent. Put bluntly, it turned out that the country had missed the 3 percent deficit threshold for euro membership in every single year since joining the common currency — transgressions that went unpunished. So no one should be surprised that Greek Finance Minister George Papaconstantinou confessed to “some sleight of hand” in Greece’s 2009 deficit numbers. Sovereign Risk The Greece debacle is likely to hasten and worsen increased oversight of the derivatives market. In particular, contracts where the buyer doesn’t have any skin in the game are akin to writing auto insurance for people who don’t own a car and don’t even have a driver’s license, but who nevertheless fancy a bet on the likelihood of a car crash. Financial authorities will probably outlaw such behavior, ignoring the difficulties of differentiating between efficient risk management and risk creation. Moreover, governments are clearly uncomfortable with the concept of investors being able to bet against a country’s creditworthiness in the credit- default swaps market. This may spur an unwelcome and unnecessary intervention by the dead hand of regulation. The trick Goldman Sachs employed to help Greece massage its debt figures hinged on using historical, rather than prevailing, currency rates in a series of swap transactions. While that undoubtedly comes under the heading of fast-and-loose, it’s not illegal; swaps are over-the-counter contracts between consenting adults, so no matter how divorced the values are from reality, it really isn’t anybody else’s business. Goldman Sachs has become the lightning rod for public anger about the global bailout of the finance industry. The vexation is appropriate; there’s too little humility and too much arrogance, and scant recognition that every financial firm, no matter how clever its partners, would be dead without an ocean of taxpayers’ money keeping the system afloat. In the case of Greece’s swaps, though, Goldman Sachs has done nothing wrong. The EU’s forensics squad should be looking closer to home for its culprit. ( Mark Gilbert , author of “Complicit: How Greed and Collusion Made the Credit Crisis Unstoppable,” is the London bureau chief and a columnist for Bloomberg News. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Mark Gilbert in London at magilbert@bloomberg.net

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Slamming Bank of America With Fine Slams Victims: Ann Woolner

February 24, 2010

Commentary by Ann Woolner Feb. 24 (Bloomberg) — U.S. District Court Judge Jed S. Rakoff really, really, really wanted to toss out a $150 million settlement between Bank of America Corp. and federal regulators this week. He called the agreement “half-baked justice,” “inadequate and misguided” even as he approved it, fingers firmly grasping nose. Rakoff had already nixed an earlier, $33 million agreement between the bank and the Securities and Exchange Commission as a sweetheart deal. He ordered both sides to tell him more, much more, about how and why Bank of America shareholders were denied material information at a critical time. The bank was buying Merrill Lynch, which was losing money, far more money and much faster than bank managers were telling shareholders. It’s the sort of thing shareholders would have wanted to know before voting on the merger, to know what they were getting into and whether they wanted to go there. When the bank and the SEC gave their version of events, the judge remained unconvinced that either side was giving him the full picture. The SEC seemed to lack that adversarial edge that digs for the truth. So Rakoff sought out one of the bank’s most adversarial foes, New York Attorney General Andrew Cuomo , for the evidence his investigators had marshaled in a separate, state case he filed against the bank and two former executives. But that didn’t resolve Rakoff’s underlying dilemma. Nothing short of rejecting the money part of the deal could have. He wrote as if he should and would in this week’s ruling. The settlement’s $150 million fine “penalizes the shareholders for what was,” he wrote, “a fraud by management on the shareholders,” intentional or otherwise. The victims pay. The managers don’t. So, why impose a fine at all? Shareholders Deceived If the point is to deter wrongdoing, it should be assessed against the people responsible, not some corporate entity, Rakoff wrote. But the SEC sued only the bank, which Rakoff concluded misled investors about mammoth Merrill losses and about Merrill’s bonuses. At least he pushed for the fine to be tailored so that only former Merrill shareholders would pay it and the bank’s shareholders would receive it, except for directors and officers. That doesn’t solve the fundamental problem. Merrill shareholders didn’t cause the misrepresentations, though they benefited from them by getting more than their shares were worth. Yet Rakoff can’t fine the specific culprits because the SEC didn’t sue any people. Cuomo Names Names Cuomo did. The state’s lawsuit specifically blames former bank President Kenneth Lewis and ex-Chief Financial Officer Joseph Price . Because the SEC didn’t, they weren’t part of the settlement and weren’t standing before Rakoff for judgment in federal court. The real culprit in Rakoff’s order is the SEC, for its habit of going after corporations instead of taking on the tougher task of naming individual managers, says John C. Coffee Jr. , securities law professor at Columbia University. He hopes the SEC realizes that punishing shareholders only tarnishes its reputation as an enforcer. How much stronger the message if Rakoff had rejected any and all monetary penalties against the bank. Think of the headlines that would have produced, the people forced to ponder whether it makes sense to slam corporations and shareholders but not the individual deciders. That is what James Cox , securities law professor at Duke University, says should have happened to spare investors a double whammy. Managers Get Off “Why should they have to pay for the ineptitude of their managers, when they are the victims?” he asks, adding that he doesn’t necessarily believe ineptitude explains what happened. Cuomo calls it fraud, albeit civil fraud not criminal. His suit blames it on “self-interest, greed, hubris and a palpable sense that the normal rules of fair play don’t apply.” The funny thing is that Rakoff’s ruling could signal that Cuomo’s claims lack substance. The judge sifted through mounds of Cuomo’s investigative documents to see whether the SEC had ignored evidence of intentional fraud. He also hoped to explain the vastly different versions of events offered by Cuomo, the bank and the SEC. After doing all that, Rakoff determined that the SEC had acted reasonably. He found “substantial evidence” that the bank’s misleading statements resulted from mere negligence, not intentional lying. Taking No Sides And even though Rakoff made it clear he wasn’t deciding which version was true, or whether one side had more evidence than the other, surely Lewis and Price took some solace. This is a judge who wanted names to be named, but he stepped back from the chance. Rakoff gave a credible explanation for keeping his thumb off the scales. It isn’t his job to rule on Cuomo’s case. And yet, I can’t help but notice that Rakoff’s seemingly neutral finding said there is solid ground on which the defense can stand. If the SEC had named individuals, even if only for negligence, Rakoff wouldn’t have had to go through such contortions. On page 14 of his 15-page ruling, Rakoff says judicial restraint prevents him from slapping down the settlement, as unsatisfying as it is. And yet, what a grand way to get the message heard. Keep the corporate governance measures, strengthen them if you can and kick out the fine. The way to punish corporate wrongdoers is to punish the wrongdoers, not the shareholders who are the corporation. ( Ann Woolner is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in sidebar display to send a letter to the editor. To contact the writer of this column: Ann Woolner in Atlanta at awoolner@bloomberg.net .

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Nine Irons Breaking Windows Beats Party of No: Margaret Carlson

February 23, 2010

Commentary by Margaret Carlson Feb. 23 (Bloomberg) — In living color and surround sound, straight from the ballroom of the Marriott in Washington, a production that portends either the coming world domination of the Republican Party or its crack-up. At the largest Conservative Political Action Conference ever this past weekend, where attendance was up 20 percent (more than half were young people paying $25 instead of the standard $175 registration fee), you could see the pragmatists and purists in full flower. There’s a guy wearing a plastic sheet with an AK-47 (or Uzi, I can’t tell the difference) on the back and too many “Don’t Tread on Me” hats and T-shirts to count. Paraphernalia aplenty for whatever your beef against government might be. You have folks in the exhibition hall pushing guns, abstinence, secession, tax protests and militias. The John Birchers, who labeled Dwight Eisenhower a communist, had a big booth. On the agenda are all the stars of the political right — Dick Armey , Newt Gingrich , Ann Coulter and Glenn Beck , joined by conservatives from Congress, like Representative Michele Bachmann . Most of the Republican presidential hopefuls for 2012 also were there. They need the energy of the whooping crowd, but they also want to win. For Republicans, the path back to power requires that the coalition be enlarged. They may be the Party of No but they aren’t nihilists. Elections are won by putting the poles of your tent as far out as possible, even if it sags in the middle. But for the CPAC crowd, ideological purity is the road to recovery. They’d like to limit membership to those willing to submit a strand of hair to prove their DNA is 100 percent conservative. Rubio’s Star Inside the hall, a candidate for the Senate like Marco Rubio got a rousing but at times muted reception when he talked policy. A rising star, he appeals to insiders as a former speaker of the Florida House. Yet he also attracts outsiders who like his anti-government rhetoric and up-from-the-bootstraps origins as a Cuban-American. He made his moderate opponent, former Governor Charlie Crist , a laughing stock for man-hugging Barack Obama when the president came to Fort Myers to push the stimulus bill. He also — unlike Massachusetts Senator Scott Brown — warmly and publicly embraced the tea partiers. When Rubio was throwing red meat, the crowd went wild. When he wasn’t and touched on governing, the room grew quiet and restive. The crowd wanted tax cuts and nothing but tax cuts. He’s still leading in the primary against Crist but the ardor cooled when he said in a recent interview that he would have taken the stimulus money for his struggling state. Strange Bedfellows Looking at the agenda, you have to wonder what prime-time speakers like Fox News star Beck and presidential aspirant Mitt Romney have in common. The latter’s hair never moves, the former’s mouth never stops. Beck refrained from barking during his speech, the most popular of the event. His trademark chalkboard got a standing ovation. He did make chomping sounds as he attacked the very thought of letting infidels into the fold. Beck’s idea, the prevailing one at the gathering, brooks no compromise or fair-weather friends like Romney, who tries to pass himself off as one of them by disavowing the beliefs he held as governor of Massachusetts. To that point, Romney, considered by many pundits to be the leading contender in 2012, lost the convention’s straw poll. It doesn’t mean much as Romney, who won it last year, can tell you. This year, Texas Republican Representative Ron Paul , who ran in 2008 and is a hero of campus conservatives, won with 31 percent. If the movement could put together a candidate limb by limb, Paul would be it all the way down to abolishing the Federal Reserve. Romney did come in second with 22 percent, while Sarah Palin was a distant third with 7 percent. Take the Money That paltry showing has to be a case of be-there-or-be- square for the reigning queen of the conservative movement. Palin turned down the invitation of CPAC, which doesn’t pay its speakers, in favor of the National Tea Party Convention, which did. Minnesota Governor Tim Pawlenty , one of the more viable hopefuls for 2012, embodied the dilemma of trying to govern and be angry enough to appeal to the base of the party. The diminutive Pawlenty urged his audience to emulate Tiger Woods ’s wife: “We should take a page out of her playbook and take a nine iron and smash the window out of big government in this country.” ‘We’re in Trouble’ The comment came up later on “Meet the Press.” “With that kind of rallying cry,” host David Gregory asked, “do you really expect people to take you seriously?” Pawlenty deflected his out-of-character moment, saying, “If we’ve gotten to the point where you can’t make a joke, I think we’re in trouble.” Beck whose hour-long speech ended the conference demonstrated the difference between this year and last when headliner Rush Limbaugh , in Johnny Cash garb, bounced his way through a speech devoted to jibes at the common enemy, Obama. The common attack against Obama this year was about his teleprompter usage — by speakers using teleprompters. In his speech, Beck’s enemy wasn’t Obama but the GOP, which he likened to a newbie at Alcoholics Anonymous taking the first of the 12 steps. “Hello, my name is the Republican Party, and I got a problem. I’m addicted to spending and big government.” We know what happened in 2000 when Green Party candidate Ralph Nader , at heart a Democrat, saw no differences where there were many. Purity tests are for losers. ( Margaret Carlson , author of “Anyone Can Grow Up: How George Bush and I Made It to the White House” and former White House correspondent for Time magazine, is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Margaret Carlson in Washington at mcarlson3@bloomberg.net

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Live Terrorists Are Worth More Than Dead Ones: Celestine Bohlen

February 22, 2010

Commentary by Celestine Bohlen Feb. 23 (Bloomberg) — The good news last week was that the Americans, with the help of the Pakistanis, didn’t kill a top Taliban commander. They captured him instead. Alive, Mullah Abdul Ghani Baradar might reveal some valuable information. Dead, he would be just one of some 20 al- Qaeda or Taliban fighters who have been picked off by Predator drones armed with Hellfire missiles launched by the U.S. military or the Central Intelligence Agency. The Taliban isn’t listed as a terrorist group yet, though it has harbored al-Qaeda members for years. The Obama administration has stepped up these kinds of remote-control bombardments, launching at least 64 drone strikes within Pakistan in its first 13 months; in its last three years, the Bush administration unleashed 41, according to an analysis by the New America Foundation. The U.S. doesn’t like to think of itself as being in the assassination business, which is why the preferred term is “targeted killings.” Either way, this growing practice involves large legal and moral questions that should loom large, but don’t — not compared with the outcry over coercive interrogation or extraordinary renditions. How many terrorists have been killed? How many innocent civilians? The CIA program is shrouded in secrecy, and therefore virtually unaccountable. Information about the strikes is often second-hand; mistakes aren’t always reported. One study , published last May, cited Pakistani sources who claim more than 700 civilians have been killed by drones, or 50 civilians for every terrorist — a shocking ratio that explains why public opinion in Pakistan is so outraged. Death-by-Drone Yet, targeted killings have barely penetrated U.S. consciousness, let alone its conscience. You didn’t hear human- rights groups or congressmen raise their voices over last month’s death-by-drone of Hakimullah Mehsud, a 28-year-old Taliban leader from Pakistan’s province of Waziristan accused of orchestrating the Dec. 30 suicide attack that killed seven CIA operatives. There are reasons to support targeted killings, up to a point. It’s sometimes the only viable way to nab top terrorists, known killers like Mehsud, particularly those who have found refuge in chaotic regions such as Yemen, Somalia or Waziristan, where local governments are powerless to carry out arrests. That said, it is still a second-best policy. Dead men don’t talk; they make good martyrs; they are easily replaceable in decentralized organizations like al-Qaeda or the Taliban — just a few reasons why capturing enemies such as Baradar is always better than killing them. 1976 Ban The U.S. still has a ban on political assassinations, adopted in 1976 after the CIA’s botched attempts at political murder. That ban has been eroded by the war on terrorism, but there’s no question that the quickening shift to targeted killings makes it hard for the U.S. government to take the high ground when other countries — say, Russia or Israel — send hit squads after their political enemies. While Americans may know nothing about the innocent civilians who have died in drone attacks in remote Pakistani villages, the families, neighbors and countrymen of the victims have no doubt about who was behind the unmanned killers. In the long run, their anger is more likely to be a boon for the terrorists, than any help to U.S. counterterrorism efforts. Hellfire Missiles Robotics already changed the way we fight wars, just as gunpowder, fighter bombers and nuclear weapons did in the past. This time, the change is set to fast forward. When the U.S. invaded Iraq in 2003, it had only a handful of unmanned systems in the air, none of them armed. Today, the U.S. has more than 7,000 such systems, ranging from 48-foot-long Predators packed with Hellfire missiles to micro-aerial vehicles that fit in a soldier’s backpack. According to P.W. Singer, author of “Wired for War: The Robotics Revolution and Conflict in the 21st Century,” robotics is one of the fastest-growing sectors in the aerospace industry, now in development in 44 countries. Innovations like the Reaper, a smarter more heavily armed version of the Predator, have already made our old definitions of war outdated. “We have the equivalent of a war being conducted in Pakistan, and yet no one views it as a war,” Singer said. “This technology can be very seductive, because it is seen as ‘costless,’ but there are long-term costs, and no one is weighing them.” In a 2006 study of Israel’s history of aggressively pursuing and killing its enemies, Dan Byman , director of Georgetown University’s Center for Peace and Security Studies, found that the Israelis, who faced a constant threat of terrorism, decided that the benefits of their policy outweighed the costs, which included heavy international condemnation. His advice then was that it would be “a mistake for the United States to rush too far down Israel’s path” without careful scrutiny, and public debate. Since then, the U.S. has stepped up its “targeted killings” but so fаr, no one has opened the debate. ( Celestine Bohlen is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Celestine Bohlen in Paris at cbohlen1@bloomberg.net

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Stimulus Tab of $41,800 Waits for Wall Streeters: Kevin Hassett

February 22, 2010

Commentary by Kevin Hassett Feb. 22 (Bloomberg) — While President Barack Obama goes on about the success of his economic stimulus, the latest policy developments suggest Democrats are finally backing away from his radical Keynesianism. Even Democrats, it seems, have concluded that the stimulus of 2009 was a big waste of money, and that better approaches exist that can do more and cost less. The truth is, economic stimulus is like a very expensive box of chocolates. You get a sugar high, and a caffeine rush, but when the chocolates are gone, you have nothing but fat to show for it. You are worse off than you were before and still need to find real nutrition. According to the latest estimate by the Congressional Budget Office, the U.S. stimulus sugar high will cost $862 billion by 2019. The excessively optimistic administration estimate is that the stimulus created 2 million jobs last year. If we take that high number at face value — there are plenty of reasons not to — and given that roughly one-quarter of the stimulus funds have been exhausted, then each job has cost about $100,000. To put that in perspective, if instead the government had used the stimulus to hire individuals at the going median wage of $37,115, it could have created more than 23 million new jobs. So much for the supposed Keynesian multiplier effect. From now on, it should be called the Keynesian divisor. Paying the Bill Ultimately, American taxpayers are going to have to pay the bill for the stimulus, and it is a steep one. For the average taxpayer, the bill is $7,798. Of course, the final bill will not be spread evenly across taxpayers, because the rich pay a disproportionate share. Assume the burden is distributed the same as the current income tax. If your income is between $40,000 and $50,000, you will pay about $2,600 for the stimulus. If your income is between $75,000 and $100,000, you will pay $6,500. If you are lucky enough to have an income of between $200,000 and $500,000, your bill will be $41,800. Small wonder that Democrats are so unpopular right now, and that they are looking for a better way. A New York Times/CBS News Poll this month found that only 6 percent of Americans believe that the year-old stimulus package has created any jobs. (A remarkably patient 41 percent said it hasn’t created jobs, but still will.) Meantime, policy makers are still looking at a catastrophically bad labor market that needs all the help it can get. Brown’s Message The message of Republican Senator Scott Brown’s victory in Massachusetts is clear: Voters don’t want to waste our last pennies on another expensive sugar high. They are crying out for bipartisan support for fixes that work, at a reasonable price. The good news is that even Democrats now recognize this. There has been progress behind the scenes looking for sensible alternatives to expense-account Keynesianism. A middle-of-the- road consensus is beginning to form around pragmatic approaches to the jobs crisis that cost a lot less and carry a big bang for the buck. My favorite example is a little-known program folded into last year’s stimulus package that is targeted for a big expansion because it actually has worked. It is based on the observation that it is cheaper to create jobs directly. The Emergency Contingency Fund , amended to the federal program called Temporary Assistance for Needy Families, provides funding for states to temporarily cover a portion of workers’ wages in both public and private jobs. The federal program reimburses states 80 cents for each additional dollar they spend getting a person back to work. Over time, as the worker’s reattachment to the labor force becomes stronger, the federal money is taken away. Private Is Best As many as 29 states have or are developing employment programs funded through this program, and some estimates show as many as 120,000 subsidized jobs could be created, at a cost of only $10,000 to $20,000 each. At that rate, the government could create 2 million jobs — the amount Obama asserts were created by the stimulus — for somewhere in the range of $30 billion. And the best part is that many of these jobs will likely be in the private sector. A strong sign of how much things have changed for the better is the focus of House Democrats on this limited but powerful measure. A bill sponsored by representatives Jim McDermott of Washington and Judy Chu of California would make funds available for an additional year. Given the state of the labor market, it is hard to imagine how any sensible person could oppose such a move. It is a shame that such common sense was absent last year. If they are to be more than the party of no, Republicans need to rally around the Democrats who have shown such reserved pragmatism. While they do, Obama can continue to crow about his amazing stimulus, but fewer and fewer people will notice. ( Kevin Hassett , director of economic-policy studies at the American Enterprise Institute, is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Kevin Hassett at khassett@bloomberg.net

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`Next Greece’ Search Is on as Hedge Funds Circle: William Pesek

February 22, 2010

Commentary by William Pesek Feb. 22 (Bloomberg) — The search for the next Greece is finding its way to an unlikely place: Japan . Few here gave much weight to warnings by analysts like Makoto Noji of Mizuho Securities Co. about the second-biggest economy facing “next-Greece” speculation. That was until Japan’s central bank chief hinted at a similar risk. Governor Masaaki Shirakawa last week called on Prime Minister Yukio Hatoyama to contain the world’s largest debt with a warning that investor trust won’t be assured in the aftermath of Greece’s budget woes. It was an extraordinary comment. Politicians routinely slap the Bank of Japan around; it’s jaw- dropping to see the BOJ return the favor. The BOJ head is right to put a spotlight on the fiscal train wreck that could be Japan’s $4.9 trillion economy. That’s especially so now that the Federal Reserve is on the move. Its discount-rate increase last week telegraphed what Japan has been dreading: rising global bond yields that exponentially boost debt-servicing costs. Unlike Greece, Japan prints its own currency, controls its own monetary policy, has a current-account surplus and roughly $15 trillion of household savings it can tap when things get dicey. More than 90 percent of government bonds are held domestically, eliminating capital-flight risks. Worrisome Trifecta Yet Japan faces a worrisome trifecta of challenges in the years ahead: Deflation, lopsided demographics, and ratings companies casting a wary eye its way. Deflation is worsening, as evidenced by the 3 percent drop in the gross domestic product deflator in the fourth quarter. It was the biggest drop since records began in 1955, and showed the extent to which 2010 will be a bumpy year. The steady drumbeat of damaging news about Toyota Motor Corp. and Japan Airlines Corp. is already wreaking havoc with the Japanese psyche. Now, headlines about deepening deflation are likely to further depress household spending. While Japan’s rapidly aging population is a concern in the long run, credit raters are paying ever more attention to the dynamic. Last month, Standard and Poor’s warned that it may cut the nation’s AA rating. An actual downgrade can’t be far off. Hatoyama has yet to outline any plans to repair Japan’s finances. The risk is that closer scrutiny of Europe’s debt woes increasingly shifts attention to Japan. The government , after all, is preparing to sell a record amount of bonds to fund its largest budget ever for the year starting April 1. Market Collapse Japanese officials may be tempted to seek Goldman Sachs Group Inc.’s help in hiding debt off the balance sheet, as did the Greeks. Yet the news is out on that Enron-like tactic. There’s little time to waste in figuring out how to maintain a high level of borrowing without spooking markets. As officials in Tokyo weigh their options, hedge-fund managers like David Einhorn of Greenlight Capital Inc. are betting on a Japanese bond-market collapse. Some rise in Japanese yields is a given. Ten-year bonds yield all of 1.32 percent, compared with 3.77 percent in the U.S. and 4.17 in the U.K. Yet when your outstanding debt load is double the size of your economy, even a modest spike in rates will hurt. The yen is a wild card here. Will waning confidence in Japan’s finances lead to a plunging yen? Manufacturers would love a weaker exchange rate, yet a run on the currency could destabilize Japan as it would any economy. Deflation Risks “Japan has essentially said deflation will be a feature of the economy for at least a couple more years,” says Glenn Maguire , chief Asia-Pacific economist at Societe Generale SA in Hong Kong. “That means rates aren’t going higher and the yen will be weaker. The only question is how weak.” The Fed’s move to raise the rate charged to banks for direct loans by a quarter-point to 0.75 percent boosted the dollar. As the Fed and BOJ move in opposite directions — the Fed removing liquidity, the BOJ adding it — then yen will slide. The key is to keep the trend orderly and manageable. The yen could also take some hits as tensions rise between the BOJ and the government. Last week, Finance Minister Naoto Kan turned up the heat, urging the central bank to adopt an inflation target to stabilize falling prices. Shirakawa shot back with his call for fiscal responsibility. It would be better, of course, to fight things out behind closed doors. More likely, this tit-for-tat match between fiscal and monetary policy makers will intensify as the year unfolds. And that’s a very telling state of affairs. Grim News Truth is, Japan still has no strategy for growing without the help of massive borrowing and near-zero rates. Hopes that Hatoyama’s election win in August would bring new thinking to old problems have been dashed. The upshot is more of the same — debt sales and a return to the quantitative easing policies the BOJ scrapped in 2006. All the while, reforms needed to raise Japan’s competitiveness amid China’s rise are being put off. Expect ever more debt, higher yields and less growth. Even if Japan isn’t the next Greece, its debt trajectory is anything but pretty. That’s grim news for investors. ( William Pesek is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: William Pesek in Tokyo at wpesek@bloomberg.net

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Google’s Microsoft Takedown Helped by Rivals: Rich Jaroslovsky

February 18, 2010

Commentary by Rich Jaroslovsky Feb. 19 (Bloomberg) — The browser wars are back in full flower, for which we have Google Inc. and the European Union to thank. Google’s big plans for its Chrome browser seem to have shaken Microsoft Corp. out of its competitive torpor and forced the software giant to pay fresh attention to its own browser, Internet Explorer. Meanwhile, starting next month, the EU will require customers who buy new computers in Europe to be presented with a screen at startup listing a dozen browsers in random order, and given a choice of which and how many they want to install. It’s all part of an antitrust settlement with Microsoft. The result should be a boon to consumers and to online innovation. But you don’t have to be European, or even own a new PC, to download these free programs and start exploring. Non-Microsoft software makers are apt to say the biggest thing that keeps users from switching browsers is ignorance. A surprising number of people, they say, don’t understand what a browser is or does. To them, that big “e” on the computer desktop simply means “the Internet,” and they aren’t aware of the multitude of alternatives for accessing the Web. In the interest of education, Google has created a Web site at whatbrowser.org. It includes links to five browsers — including Microsoft’s as well as Google’s — along with an informational video, benchmark tests and other resources. Google’s Strategy Chrome, which is available in versions for Windows, Mac and Linux, is a key part of Google’s strategy to get computer users comfortable with so-called cloud computing. The idea is for everyone to spend less money and time on programs they buy from software companies (Microsoft, say), and rely more on data and services such as Google Docs , which reside on servers and storage systems on the ‘net. Described this way, Chrome sounds like a Trojan horse to make us all dependent on Google’s own services. And so it is. But for Google’s plans to work, Chrome has to be good. And so it is. The program is fast, flexible and rests lightly atop your computer’s operating system — a fine thing from a security standpoint, because it makes it harder than Internet Explorer for hackers to use as an entrée into your computer’s innards. Best for Macs Mac users probably have it easiest: The best browser comes built right into every computer. It’s Safari, Apple Inc. ’s own program. Apple has managed to avoid the controversy stirred by Microsoft’s similar bundling of Internet Explorer with the operating system primarily because it has only a fraction of Windows’ market share. Safari is also available in a Windows version that I’m less enamored of; I’m more likely to run into Web sites that don’t display properly or work quite right than happens with other Windows browsers. The blame for that probably rests more with those site developers than with Apple; still, with so many good alternatives, it’s seldom worth the effort to figure out just what’s wrong. Personally, I prefer Mozilla Firefox , a descendant of the Netscape browser that Microsoft vanquished in Browser War I. Maintained by an open-source community, Firefox is available for PCs, Macs and Linux computers, and is the second-most-used browser after Internet Explorer. The program benefits from a well-developed ecosystem that includes thousands of add-ons for everything from speeding up YouTube downloads to StumbleUpon , which adds a button that helps you discover and share Web sites that match your interests. Off to the Opera Opera , from the Norwegian company Opera Software ASA , is another good choice. Opera, which has been around since the earliest days of the Web, is available in Mac, Linux and PC versions. And of course, there’s Internet Explorer itself. The current version, IE 8 , was released last year with a slew of enhancements. Microsoft has promised that the next version, will be faster and harder for bad guys to hack into. Each browser has legions of fans, and I’m not quite dumb enough to try to tell you which one is best: I wouldn’t have time enough to answer the hate mail from devotees of all the others. What I can say is that this is the perfect time to break the shackles of habit and try something different. Better still, try them all. ( Rich Jaroslovsky is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Rich Jaroslovsky in New York at rjaroslovsky@bloomberg.net .

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Google’s Microsoft Takedown Helped by Rivals: Rich Jaroslovsky

February 18, 2010

Commentary by Rich Jaroslovsky Feb. 19 (Bloomberg) — The browser wars are back in full flower, for which we have Google Inc. and the European Union to thank. Google’s big plans for its Chrome browser seem to have shaken Microsoft Corp. out of its competitive torpor and forced the software giant to pay fresh attention to its own browser, Internet Explorer. Meanwhile, starting next month, the EU will require customers who buy new computers in Europe to be presented with a screen at startup listing a dozen browsers in random order, and given a choice of which and how many they want to install. It’s all part of an antitrust settlement with Microsoft. The result should be a boon to consumers and to online innovation. But you don’t have to be European, or even own a new PC, to download these free programs and start exploring. Non-Microsoft software makers are apt to say the biggest thing that keeps users from switching browsers is ignorance. A surprising number of people, they say, don’t understand what a browser is or does. To them, that big “e” on the computer desktop simply means “the Internet,” and they aren’t aware of the multitude of alternatives for accessing the Web. In the interest of education, Google has created a Web site at whatbrowser.org. It includes links to five browsers — including Microsoft’s as well as Google’s — along with an informational video, benchmark tests and other resources. Google’s Strategy Chrome, which is available in versions for Windows, Mac and Linux, is a key part of Google’s strategy to get computer users comfortable with so-called cloud computing. The idea is for everyone to spend less money and time on programs they buy from software companies (Microsoft, say), and rely more on data and services such as Google Docs , which reside on servers and storage systems on the ‘net. Described this way, Chrome sounds like a Trojan horse to make us all dependent on Google’s own services. And so it is. But for Google’s plans to work, Chrome has to be good. And so it is. The program is fast, flexible and rests lightly atop your computer’s operating system — a fine thing from a security standpoint, because it makes it harder than Internet Explorer for hackers to use as an entrée into your computer’s innards. Best for Macs Mac users probably have it easiest: The best browser comes built right into every computer. It’s Safari, Apple Inc. ’s own program. Apple has managed to avoid the controversy stirred by Microsoft’s similar bundling of Internet Explorer with the operating system primarily because it has only a fraction of Windows’ market share. Safari is also available in a Windows version that I’m less enamored of; I’m more likely to run into Web sites that don’t display properly or work quite right than happens with other Windows browsers. The blame for that probably rests more with those site developers than with Apple; still, with so many good alternatives, it’s seldom worth the effort to figure out just what’s wrong. Personally, I prefer Mozilla Firefox , a descendant of the Netscape browser that Microsoft vanquished in Browser War I. Maintained by an open-source community, Firefox is available for PCs, Macs and Linux computers, and is the second-most-used browser after Internet Explorer. The program benefits from a well-developed ecosystem that includes thousands of add-ons for everything from speeding up YouTube downloads to StumbleUpon , which adds a button that helps you discover and share Web sites that match your interests. Off to the Opera Opera , from the Norwegian company Opera Software ASA , is another good choice. Opera, which has been around since the earliest days of the Web, is available in Mac, Linux and PC versions. And of course, there’s Internet Explorer itself. The current version, IE 8 , was released last year with a slew of enhancements. Microsoft has promised that the next version, will be faster and harder for bad guys to hack into. Each browser has legions of fans, and I’m not quite dumb enough to try to tell you which one is best: I wouldn’t have time enough to answer the hate mail from devotees of all the others. What I can say is that this is the perfect time to break the shackles of habit and try something different. Better still, try them all. ( Rich Jaroslovsky is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Rich Jaroslovsky in New York at rjaroslovsky@bloomberg.net .

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Bill Gross Clone Might Tame China’s Inflation: William Pesek

February 18, 2010

Commentary by William Pesek Feb. 18 (Bloomberg) — Jim O’Neill is on the lookout for the great Chinese revaluation of 2010, and he’s not alone. “Something’s brewing,” Goldman Sachs Group Inc. ’s London- based chief economist told Bloomberg News. “It could happen anytime.” China’s first major increase in the value of the yuan in almost five years would cool price pressures in an economy some think will grow more than 11 percent this year. Overheating risks abound and efforts to restrain credit growth aren’t working. As this inflation fight accelerates, China is finding that it could use its own Bill Gross . China will soon be the second-biggest economy, yet its lack of a large and developed bond market is a big liability. As Beijing tries to tighten credit, it’s doing so without a primetime infrastructure of investors and dealers to help transmit policy moves to the broader economy. That’s where the absence of Gross, who runs the world’s biggest bond fund at Pacific Investment Management Co ., and his ilk hurts the most. When China’s central bank raises interest rates, the lack of a sophisticated secondary market dampens the effect. In a sense, the People’s Bank of China lacks the people to influence monetary conditions. Federal Reserve Chairman Ben S. Bernanke altering rates in Washington means little unless bond dealers in New York, London and Tokyo act accordingly in the secondary market. It’s that multiplier effect that makes monetary policy so powerful, and China doesn’t have it. Market Development Granted, China has made progress. In April 2008 the government made it easier for companies to sell debt maturing in three to five years. It reduced an over-reliance on bank loans, cutting risks in the financial system. To strategists like Frances Cheung of Standard Chartered Plc in Hong Kong, the step was a “milestone.” Corporate-debt issuance has increased steadily. The government is working to create a yield curve, even issuing debt at times when it’s not pressed for cash to support the market. Bond sales could rise to 9 trillion yuan ($1.3 trillion) this year, from 4.9 trillion yuan in 2009. Auctions conform to international standards. And on Jan. 6 the central bank reaffirmed that it will allow foreign financial institutions to sell bonds in the domestic market , while it encouraged domestic companies to sell yuan-denominated bonds in Hong Kong. Hamstrung Central Bank The internationalization of China’s capital markets got a boost last month. The government approved stock index futures, margin trading and short selling. Good stuff all around. Yet China’s central bank remains hamstrung by the depth of the secondary market. A more liquid market would be a vital shock-absorber in times of crisis and offer investors clues about China’s outlook. Now that vast amounts of capital can be moved across the world with just a keystroke, functioning bond markets are more important than ever. So is having a group of influential, globally known bond buyers who can help remind the government its policies are wrong, either by dumping its debt or speaking out. Vital Information If traders felt, for example, that China’s stimulus efforts were too aggressive and inflation loomed, they could push yields higher. Or if they sensed deflation was afoot, they might buy debt. Either way, market rates would offer vital information for government officials and investors. The trouble is, China’s financial system is still more about transferring funds from one part of the economy to another rather than the pricing of risk, said Marshall Mays , director of Emerging Alpha Asset Management Ltd. in Hong Kong. “As such, the levels of interest have never mattered that much,” he said. That’s fine for Indonesia or the Philippines, less so for an economy as important as China’s. When it comes to the bond market, we can no longer give China a pass because of its status as a developing country. Financial strength in 2010 involves more than having $2.4 trillion of currency reserves. It comes from being able to borrow in the yuan and allow foreign companies to sell locally- denominated debt. Only then will China be able to let the yuan trade freely and take a crack at replacing the dollar as the reserve currency. Taming Hot Money A stronger currency might take the pressure off China as it raises its bond-market game. Not only would it clamp down on inflation, but it would reduce frantic speculation in markets. Bets on such a move are manifesting themselves in increased hot-money inflows that are wreaking havoc with the money supply. China could reverse the dynamic by announcing a revaluation with language that makes it clear it won’t act again for a while. China needs a multifaceted approach to slowing the economy and deflating asset bubbles . Administrative decrees to reduce credit creation aren’t enough in the long run. Building a bond market with a cadre of Gross-like players in the game is more important. ( William Pesek is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: William Pesek in Tokyo at wpesek@bloomberg.net

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BofA’s New Settlement With SEC Smells Even Worse: Jonathan Weil

February 18, 2010

Commentary by Jonathan Weil Feb. 18 (Bloomberg) — Here’s hoping Jed Rakoff hasn’t lost his nerve. The U.S. district judge from Manhattan became a folk hero for investors when he said no to a cozy settlement last year between the Securities and Exchange Commission and Bank of America Corp. He’ll get another chance this week, when he is scheduled to rule on the agency’s latest try at a deal. Last go around, the SEC proposed that Bank of America pay a $33 million fine for failing to disclose that it had authorized as much as $5.8 billion of bonuses for Merrill Lynch & Co. employees before shareholders voted in December 2008 to approve its purchase of Merrill. Now the commission wants Bank of America to pay a $150 million fine for the same purported violations, plus some additional allegations the agency has thrown into the mix. Rakoff should tell the SEC to get lost. Once again, the agency is saying it can’t find a single person who should be held liable for these alleged misdeeds. It’s as if the corporate person broke the rules, while the living, breathing people in charge of running Bank of America and Merrill had nothing to do with it. That shouldn’t fly today anymore than it did last September when Rakoff issued his first ruling, in which he said the initial settlement proposal was “neither fair, nor reasonable, nor adequate.” It’s when you dig through the weeds of the allegations that the absurdity of the commission’s case comes through. Two Strikes The rules that the SEC says Bank of America violated are known as 14a-3 and 14a-9 . The first specifies the information that must be furnished to shareholders in a proxy statement. The second one prohibits false or misleading statements in proxies, as well as omissions of material facts. The SEC says Bank of America violated both by failing to reveal the Merrill bonuses. Additionally, the agency says the company violated 14a-9 by failing to disclose billions of dollars of losses that Merrill sustained in October and November 2008, before shareholders voted. Here’s the rub. To prove violations of those rules, as the commission and the courts have said many times, all that the SEC would have to show is negligence, which is a fairly low hurdle to clear. It wouldn’t matter if a defendant acted in good faith, or if the lack of disclosure was unintentional. It would be just about impossible to believe that Bank of America violated these rules through its own negligence without also concluding that at least one of the bank’s bosses acted negligently, too. Yet, going solely on the SEC’s allegations , that supposedly is what happened. It’s enough to make you wonder whom the commission is trying to protect, or whether the agency’s lawyers are too chicken to sue people who might demand a trial. Make a Case If the SEC can’t or won’t make a case against any of the executives or board members who were in charge at the time, then it doesn’t make sense for the agency to be suing the company itself, let alone fining it $150 million. It’s not as if the SEC’s enforcement division never files claims against individual officers and directors for violating these particular rules. I found dozens of such complaints when I searched the commission’s Web site, including one settled in 2005 against Tyson Foods Inc.’s former senior chairman, Don Tyson . The SEC has tried to win Rakoff over by proposing a bunch of thumb-sucker corporate-governance requirements for Bank of America, including heightened independence rules for members of its board’s compensation committee. Additionally, to ease the stench of the $150 million fine — which punishes shareholders for management’s offense of misleading them — the SEC plans to sink the money into a separate fund and redistribute it to those Bank of America stockholders who were harmed. Cuomo Suit That’s window-dressing for a deal in which the SEC has shrunk from its duty to enforce the rules against the people who break them, assuming the agency is correct in saying they were broken. Meanwhile, New York Attorney General Andrew Cuomo ’s office has filed a lawsuit contending that Bank of America acted fraudulently — not merely negligently — and that its former chief executive officer, Ken Lewis , and former chief financial officer, Joe Price , did, too. (The defendants deny the claims.) Maybe when that suit is over we’ll have some better idea of what actually transpired here. At least Cuomo’s allegations have the semblance of being logically consistent. The SEC’s case is anything but. That alone should be reason enough for Rakoff to deny the commission’s wishes. The burning question is whether he’ll have the guts to do it twice. ( Jonathan Weil is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Jonathan Weil in New York at jweil6@bloomberg.net

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Dan Dorfman: 3 Ways To Make a Buck on Pee-Wee Power

February 16, 2010

Good things, they say, come in small packages. Let’s apply that to the stock market. First though, last March, with Dow trading at around 6,500 and bearish sentiment rampant, the stock market was about as appetizing as the swine flu. Today, about 11 months later, with the Dow hovering around 10,100 and bullish sentiment sharply on the upswing, everyone seems to have suddenly discovered one of those sure-fire, can’t-miss stock tips. Just ask any waiter or bartender. In recent weeks, they have emerged as the hot new stock tipsters. The fly in the ointment, however, is that the majority of those sure-fire, can’t-miss stocks are often turning out to be no sure thing. Not only that, the can’t- miss aspect of these stock tips is all too frequently little more than a garden of illusion. Still, let’s say you share Wall Street’s growing party line that things are looking up despite all the risks and uncertainties, and you think now is the right time to be a player, what do you buy? For some ideas, I turned to the latest recommendations of veteran investment adviser Richard Moroney, who is the editor of Upside , a relatively unknown monthly investment newsletter out of Hammond, Ind., that focuses on small and medium-sized stocks. On the face of it, such a choice might well strike you as questionable since bigger and more liquid names seem a safer and more logical path to take in an increasingly volatile market riddled with lots of unknowns. Maybe not in this instance because Upside boasts an enviable record of way outpacing Wall Street. For example, the buy list pitched by Upside is reported by the letter to have gained an impressive 242.7% since its inception in May of 1999. Over the same period, the Russell 2000 index has gained 40.9%, while the S&P 500 is down 15.8%. At present, Upside is gung-ho on three new names, whose stock prices this year are up from 11% to 22%. They also sport modest price-earnings multiples ranging from 13 to 16. These are not penny stocks, but range in price from roughly $30 to $45, and each is viewed by Upside as a potential 15% to 20% gainer over the next 12 months. One is Big Lots ($30.61), the country’s largest broadline retailer, which is thriving in a difficult economy. The company, which operates 1,374 stores in 47 states, offers a variety of merchandise, including electronics, furniture, housewares and toys, at prices 20% to 40% below those of traditional discount retailers. Big Lots reported impressive preliminary January quarter results. Per-share earnings for the period are pegged at between $1.19 and $1.24, up from management’s prior guidance of between $1.09 and $1.14. Meanwhile same store sales, fueled by strong demand for electronics, are expected to climb 3.5% to 4.5%, versus a prior forecast of 1.5% to 2,5%.For fiscal 2010 ended last month, per-share earnings are seen running $2.25 to $2.30, implying at least 19% growth. Wall Street’s consensus for Fiscal 2011 is $2.56. Although the stock has more than doubled over the past year, Moroney believes strong operating momentum and a moderate valuation point to further gains. Another new name at Upside is Cooper Cos. ($38.33), the world’s third largest contact lens maker. It offers specialized lenses for astigmatism and presbyopia and also sells a broad range of medical devices, diagnostic products and surgical instruments, primarily for women. Cooper has been benefiting from product launches and an expanding international presence. Looking ahead, Moroney reckons improved margins and contributions from acquisitions should spur growth. For fiscal 2019 ending in October, consensus estimates project per-share earnings will increase 11% to $2.54 on a revenue gain of nearly 5%. Over the next five years, earnings are expected to increase at a 13% annualized rate. Moroney acknowledges that Cooper faces potentially aggressive pricing and promotional activity from such competitors as Johnson & Johnson. Still, he says, Cooper’s valuation appears to discount such concerns. The stock trades at 16 times the trailing year’s earnings — well below its five-year average of 26 and 10-year average of 23. ManTech International ($44.67), a leading provider of technology services to the military — which focuses on national security programs for the U.S. intelligence community and Department of Defense — rounds out Upside ‘s trio of new stock buys. Moroney figures steady demand from government agencies should sustain revenue and backlog growth, while profit margins could benefit from improved cost controls. Meanwhile, he points out, a strong balance sheet and ample cash flow provide flexibility to fund internal growth opportunities and complete acquisitions. Further, new business awards and a continued focus on high-end defense and intelligence markets should fuel growth. For 2009, per-share earnings are expected to be up 22% on an 8% sales gain. Consensus Wall Street estimates, revised upward in the past month, project per-share profits will climb 9% to $3.40 in 2010, an analyst that could head higher as analysts incorporate contributions from acquisitions and recent contract awards. The stock, as Moroney sees it, is reasonably valued at 14 times expected earnings and seems capable of reaching $55 to $60 over the next 12 months. The message here: Don’t ignore the money-making opportunities of pee-wee power. What do you think? E-mail me at Dandordan@aol.com .

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Currency Trading Is Place to Make Your Fortune: Matthew Lynn

February 16, 2010

Commentary by Matthew Lynn Feb. 16 (Bloomberg) — This columnist is usually reluctant to respond to requests for career advice that occasionally find their way into my e-mail box. Yet from time to time, there is a move so obvious for anyone finishing college or university this year, or contemplating their next step up the career ladder, that it is worth pointing out. And right now it is this: Forget hedge funds, walk away from private equity and tell the derivatives boys they can dump their baffling mathematical formulas in the dustbin under the desk. Instead, become a currency trader. They are set to become the new kings of the financial markets. The sovereign-debt crisis, the demise of the dollar and the creation of new reserve currencies all mean that the great financial reputations and fortunes will be made in foreign exchange in the coming few years. In any decade, one sector of the financial markets is usually dominant. There is one corner of the financial universe where so much new stuff is happening, and it is of such importance to the rest of the world, that it is far easier for a young, ambitious person to make their mark than anywhere else. In the 1980s, it was mergers-and-acquisitions deals. In the 1990s, it was the venture capitalist who backed technology companies, and the bankers who arranged initial public offerings for dot-com companies on the stock market. New Masters In the 2000s, it was hedge funds, along with the derivatives traders that supplied them with products. But in the 2010s, it will be currency trading. There are already plenty of signs that the foreign-exchange markets are hotter than a sunny day on Venus. Deutsche Bank AG reported last month that its currency- trading platform for retail investors had a 40 percent increase in customer numbers in 2009. Ordinary investors clearly see exchange trading as an area of the market they want to be in. In London, which is the global currency-trading hub, strong growth is also evident. According to a Bank of England study, daily trading volumes rose 13 percent to $1.43 trillion in October compared with April last year. In the U.S., foreign- exchange trading volumes rose 28 percent to $675 billion a day in the six months ended in October, according to a Federal Reserve-affiliated study. Those are impressive numbers. The volume of London trading isn’t quite back to pre-credit crunch levels, but it is getting close. Debt Crisis There are several good reasons for expecting currency trading to be the focus for financial markets this decade. First, the sovereign-debt crisis. Governments took on huge debt to combat the financial meltdown. That didn’t really fix the problem. It just shifted it from one place to another. Now there are doubts about whether nations can service their obligations. The only way the markets can discipline governments, or pass a verdict on their performance, is via the currency markets. However the crisis eventually works out, it is the foreign-exchange markets that will be in the driver’s seat. Second, the dollar is in long-term decline. Regardless of how well the U.S. recovers, the rise of new economies such as China, Brazil and India means America won’t be the dominant force in the world that it once was. The result? The dollar’s special status is coming to an end. That may be a good thing after some intense volatility as the world adjusts. Again, it is currency traders who will be in control of that transition. Store of Value Third, the advent of new reserve currencies. With the dollar on the way down, the world will need something as a reliable store of value. There are plenty of candidates: It might be gold, an International Monetary Fund-sponsored basket of currencies, or a new world currency. Who knows, it could be something nobody has thought of yet. Ultimately it will be foreign-exchange traders who decide what works and what doesn’t. You can add into the mix some low-probability, yet high- impact, events. Perhaps Germany will get fed up bailing out Greece and Portugal and leave the euro. Maybe the Chinese will decide to make the yuan the world’s dominant currency. Neither scenario is especially likely, but they would create shockwaves through the markets for years. There are usually two conditions for one sector of the financial markets to be dominant: There must be lots of innovation, and lots of volatility. Right now, currency trading ticks both boxes. That’s why if you work in the markets, figuring out clever ways of swapping euros into yen, and dollars into pounds would be the best thing you could do. It will be the fastest way to make your fortune. ( Matthew Lynn is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Matthew Lynn in London at matthewlynn@bloomberg.net

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Man Up, Obama, or Make Way for President Palin: David Reilly

February 12, 2010

Commentary by David Reilly Feb. 12 (Bloomberg) — President Barack Obama is starting to look like the second coming of Jimmy Carter . If he’s going to avoid that fate, the president had better take radical action — and fast. That means doing more than offering belated talk about jobs , or waging ineffectual on-again, off-again bank warfare. What, after all, is the point of bashing Wall Street only to then blow bonus kisses to JPMorgan Chase & Co. chief Jamie Dimon and Goldman Sachs Group Inc. head Lloyd Blankfein ? Obama needs to ditch his professorial, community-organizer mien and start cracking some heads. Unless, that is, he is intent on paving the way for a Palin presidency in 2013. Supporters are crying out for Obama to pull out of his tailspin. In an article in Politico, Douglas Wilder , the nation’s first African-American governor and an early Obama supporter, urged the president to get his act together. “The need is becoming more obvious by the day,” Wilder wrote. “Getting elected and getting things done for the people are two different jobs.” Obama’s lack of resolve even makes comparisons to Carter seem charitable. Financial blogger Eric Salzman argued that we haven’t seen such a lack of leadership “in the White House since our 15th president, James Buchanan , stood by and let the country dissolve into Civil War while trying to appease everyone.” What’s to be done? Here are three ways for Obama to man up, chart a new course and avert the kind of debacle that tarnished his party in the eyes of a generation of voters. Learn From Clinton — Bring congressional Democrats to heel with a Sister Souljah moment. Such an action is named for former President Bill Clinton’s putdown of hate speech by a rapper — and, by extension, the far-left wing of the Democratic Party. Clinton’s move was designed to appeal to centrist voters. For his Sister Souljah moment, Obama needs to pick a particularly egregious action by his erstwhile allies on Capitol Hill and then use a veto, or the threat of one, to show congressional Democrats he is in charge, not them. Sadly, Obama has already passed on two perfect opportunities. The first came with last year’s pork-stuffed economic stimulus bill. Obama should have threatened a veto unless Congress focused the legislation on unemployment, not pet congressional projects. Don’t Be Afraid The second opportunity involved the health-care bill initially approved by Senate Democrats. Obama should have made it clear to Majority Leader Harry Reid that he wasn’t about to countenance $100 million bribes to get the likes of Democratic Nebraska Senator Ben Nelson on board. — Don’t be afraid of the big, bad banks. Obama can get financial reform if he wants it. He just has to realize that he’s, well, the president. And presidents don’t haggle with banks that are alive only thanks to $8.2 trillion in government lending, spending and support. Nor do they let armies of bank lobbyists tie them down on Capitol Hill. And they certainly don’t countenance bank chiefs who fail to show for White House meetings. Trying that with Nixon would have meant quick inclusion on the “enemies list”; George W. Bush’s folks would have issued an immediate invitation to go hunting with Vice President Dick Cheney . Obama, on the other hand, talks tough, then worries about upsetting Wall Street. That’s insane. Wall Street respects only one thing — strength. If it smells weakness, the Street will try to leave the other guy with nothing but his socks and a smile. Offer a Reminder So don’t ask, tell. Remind the banks, none too subtly, that Obama can make their lives miserable. The government, after all, controls bank regulation. Maybe, for instance, capital requirements at too-big-to-fail institutions like Goldman or JPMorgan should shoot up to 25 percent. Perhaps the amount of borrowed money financial behemoths can use needs to be capped at five times equity. And since banks are so opposed to a Consumer Financial Protection Agency, Obama will have to find a new job for Elizabeth Warren , the driving force behind that proposal. Heading up the Office of the Comptroller of the Currency , which regulates all the big, national banks, might be a perfect fit for her. Or the banks can quickly agree to take some lumps and get on board with financial reform. That’s the kind of deal-making Wall Street responds to. Use the Broom — Clean house. Treasury Secretary Timothy Geithner has to go. So too does White House economic adviser Lawrence Summers . And while he’s at it, the president should jettison Chief of Staff Rahm Emanuel . All are too stuck in the pre-crisis, let’s-not-risk- curbing-financial-innovation mentality that helped get us into this mess. They also tie Obama directly to the crisis, negating claims that it was someone else’s doing. Geithner was head of the New York Fed and a lead singer in the bailout choir. Summers, back during the Clinton administration, helped knock down the separation of commercial and investment banking while making sure derivatives markets wouldn’t be regulated. And Emanuel was a director of mortgage giant Freddie Mac , now a ward of the state. Not to mention that Geithner, with plenty on Capitol Hill calling for his scalp, no longer is a credible salesman for the administration’s policies. Emanuel, meanwhile, is so driven by the goal of striking a deal, any deal, that he ends up letting Congress call the shots. In their place, Obama needs people who understand but aren’t beholden to Wall Street. And he needs folks who are willing to stand up to Congress. Obama needs to get tough. If he doesn’t, voters will. ( David Reilly is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: David Reilly at dreilly14@bloomberg.net

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Goldman’s Contagion Warning Is Greek to Markets: William Pesek

February 11, 2010

Commentary by William Pesek Feb. 12 (Bloomberg) — If anyone could use a few days in the Sydney summer sun, it’s Jean-Claude Trichet . It was not to be. Pressing business this week yanked the European Central Bank governor back to the Brussels winter. Few in Sydney begrudge Trichet for bolting from a Reserve Bank of Australia symposium. Not with Greece on the brink and the creditworthiness of Portugal and Spain in question. Trichet’s early departure highlighted the contrast between the plight of Western economies and the enviable state of Asian ones. It’s also a reminder that Asia can’t be complacent as a new phase of the global financial crisis looms. Remember how a minuscule economy like Iceland’s sent shock waves through the region in 2008. Or how Dubai, but a piece of a national economy comparable in size to the Philippines, upset Asia’s 2009. Greece is, well, a real economy that is part of one of the world’s three main currencies. Turmoil there won’t be a non-issue for Asia. Consider, too, that Greece is merely the most fragile of the “PIGS” economies: Portugal, Ireland, Greece and Spain. And that Europe’s problems may deepen as the year unfolds, regardless of how policy makers act today. Even if Asia is the least ugly economic region these days, financial chaos in the euro area will hurt. Trichet’s return to Europe eased nerves. It suggested the region’s leaders understand the magnitude of its debt crisis and will act accordingly. It doesn’t change one thing: The post- Lehman Brothers Holdings Inc. world remains a dangerous one and Asia’s economies are largely in the developing-nation camp. Contagion Risks So, when analysts such as Thomas Stolper of Goldman Sachs Group Inc. in London warn about “risks of contagion through the financial sector and broader risk premia,” Asia must brace for the fallout. Asia’s process of exiting from the fiscal and monetary largess of the last year may be delayed. What’s more, Asia will be on its own longer than thought, lacking the traditional growth engines of the U.S. and Europe. Say what you want about Asia decoupling from the West, but this region is in a rough place when $27.8 trillion worth of world gross domestic product is underperforming. Make that $32.7 trillion if you add in deflationary Japan. While Asia performed impressively in 2009, this year will be more difficult if at least modest world growth doesn’t return soon. That may explain why central banks have been timid. With the exception of Vietnam and China , Asia’s central banks have been slower to pull liquidity out of economies than analysts expected at the start of the year. RBA Governor Glenn Stevens surprised markets this month by not raising interest rates. Higher Rates The RBA, the world’s first major central bank to tighten last year, is likely to resume its rate-increase campaign following the latest jobs data. In January, Australian employers added the most workers — 52,700 — in more than three years. U.S. President Barack Obama can only dream of such gains. The PIGS crisis complicates things for Asia-Pacific policy makers. In China, for example, the central bank must drain yuan from the financial system to contain asset bubbles. While doing that, it also must consider how such steps will affect growth and how Europe’s debt troubles could worsen. If sovereign debt is the new subprime, the next 12 months will be rocky. Credit risks abound. Earlier this month, Moody’s Investors Service said America’s AAA debt rating will come under pressure unless something is done about expanding deficits. Economy Killer The U.S. won’t be downgraded anytime soon, of course. Not because it shouldn’t be, but because the financial Armageddon it would unleash in markets could mean Moody’s no longer has many paying customers on which to bestow ratings. It’s the same reason the Bank of Japan almost never raises interest rates: It can’t because it would kill the economy. The fiscal squishiness pervading the globe is a clear and present danger to developing nations. Say Greece went the way of Iceland. Who would rush into the euro for safety? Or into the yen? Most likely, the dollar would be the haven of choice, strange given the U.S.’s fiscal trajectory. In such an environment, Indonesia , Thailand and Malaysia can’t expect much capital to come their way. Good chunks of the money sitting in their markets today might leave and go into U.S. Treasuries. Even more developed economies such as South Korea’s would be hard-pressed to remain a big blip on investors’ radar screens. Sadly, policy makers are still talking more about reining in risks than acting. That was painfully apparent in Sydney this week. Gathered were People’s Bank of China Governor Zhou Xiaochuan , Federal Reserve Bank of San Francisco President Janet Yellen , Bank for International Settlements General Manager Jaime Caruana and, briefly, Trichet. All we got were highfalutin’ comments about risk and working together. You would think that with the PIGS crisis casting a stink around the global, policy makers would emerge with more than same-old-same-old. In leaving early, Trichet may have been on to something. ( William Pesek is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: William Pesek in Sydney at wpesek@bloomberg.net

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Palin, Speed-Dating the Right, Won’t Commit: Margaret Carlson

February 11, 2010

Commentary by Margaret Carlson Feb. 11 (Bloomberg) — Forget the jokes about Sarah Palin being a palm reader. To her followers, the scribbled notes on her hand — there, seemingly, to remind her of her main talking points — is not at all like a sophomore cheating on a history final. To them, it’s one more endearing quirk. Presidents use teleprompters. Real leaders make do with what they have. After she brought down the house at the first convention of the Tea Party and told Chris Wallace on Fox News she is considering running for president, there is no denying the force of Palin — and not just in the tea-party movement. She’s a force and a hazard in the GOP. Many in the Republican establishment see her as they did the leaders of the Christian Right — as folks to be used but, like Pat Robertson , laughed at for their aspirations to higher office. Palin doesn’t see herself that way. It’s no shock that Palin is the darling of the tea parties. That’s like skiers loving snow. She’s a vessel of focus-group grievances. What is shocking is that she’s not going to be limited by the tea partiers. While happy to accept their love — albeit for a hefty fee — she has no intention of being monogamous. She’s already moved beyond it. As part of her cross-country dating, she is endorsing some Republicans running against conservative tea-party candidates. Tea in Texas In the race for the Republican nomination for Texas governor, the tea-party candidate, Debra Medina , a nurse turned businesswoman polling at 24 percent in a three-way race, is the perfect Palin fare, the pure conservative going after a toxic establishment incumbent. You’d think Palin would be all over Medina, trying to reprise for the tea-party movement the special congressional election in New York last fall, when she helped force out the establishment Republican in favor of an arch-conservative. Palin’s pick in that contest went on to lose to the Democrat, but among believers, it was just as important to be right as to win. Instead, in Texas, Palin endorsed the incumbent governor, Rick Perry . Since Palin weighed in, Perry has surged ahead of his other primary challenger, Senator Kay Bailey Hutchison , the favorite of the Bush family who narrowly led Perry in polling last fall. Professional Rally On Sunday, Palin headlined the largest rally of the Perry campaign. Fresh from her tea-party triumph at Opryland, Palin spoke to a blissful crowd pumped up by patriotic music by Ted Nugent , confetti guns and signs so professionally done it would make a tea partier choke. To keep her insurgent street-cred going, Palin made sure to feed some longhorn red meat to the crowd, mentioning to wild cheers the notion of the Lone Star State “seceding from the union.” A Palin endorsement is akin to Warren Buffett saying it’s time to buy. Until Palin indicated her support, Senator John McCain looked vulnerable to tea-party activism in his primary. Of course, there’s loyalty there. She had to stand by her man after he stood with her against his presidential campaign staff when they admitted, after the game was over, that Palin was not fit to be vice president. Still, her siding with McCain, who’s been in the Capitol almost three decades, was another setback to the tea party’s efforts against incumbents who’ve been too long in power, especially Washington power. Polls Change Former congressman turned conservative radio talk-show host J.D. Hayworth was leading McCain last fall, when more than 60 percent of Arizona Republicans said McCain was out of touch with his base and almost 70 percent of Arizonans had a favorable view of Hayworth. Since Palin disclosed plans last month to stump for McCain, his favorable ratings are up, Hayworth’s are down, and McCain has surged, with one poll giving him a 22-point lead. It’s not all due to Palin, of course. Maverick no more, McCain has moved sharply rightward. He uttered hardly a peep when the Supreme Court shot down his pet cause, campaign finance reform. He was for abolishing the “don’t ask, don’t tell” policy on gays in the military until last week, when he came out against it. This week, tea became the official drink of the South Carolina GOP, which furthers Palin’s goal of mating at least some segments of the establishment with the outliers. There’s a risk for Palin in making too nice with the establishment, however. Ins and Outs She is a candidate sharpest when she is running against more than just an incumbent president but against all of the ins in favor of the outs — against party regulars, hired handlers, vegans, secularists, most pointy-heads east of the Mississippi and everyone who watches David Letterman . Like all populists, she’s great on the stump, with her particular mix of Alaska frontierswoman and Valley-Girl-with- tanning-bed. But unlike most populists, she’s not faking the absence of book learning. William Jennings Bryan could have reeled off all the Founding Fathers, what papers he read and his priorities without a teleprompter. Or crib notes. ( Margaret Carlson , author of “Anyone Can Grow Up: How George Bush and I Made It to the White House” and former White House correspondent for Time magazine, is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Margaret Carlson in Washington at mcarlson3@bloomberg.net

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`PIGS’ in Rescue Lipstick Are Uglier Than Default: Mark Gilbert

February 11, 2010

Commentary by Mark Gilbert Feb. 11 (Bloomberg) — “The worst possible signal which we could send out is one calling for outside help,” Greek Finance Minister George Papaconstantinou told Bloomberg Television this week. He may be the only policy maker in the European Union who understands how disastrous a bailout would be. A rescue would scream to the world that Greece’s financial hole is too deep for it to get out unaided — just as the Federal Reserve’s decision to supply $29 billion of guarantees so that Bear Stearns Cos. could survive by selling itself to JPMorgan Chase & Co. was a red flag about the cannibalism erupting in the credit-crunched banking industry. Let Greece go bust if it can’t pay its own way. Sure, it will be messy and scary. A lot of banks will realize they still don’t focus enough on the credit quality of the firms they do business with. The euro project will suffer a crisis of confidence. The lesson from the credit crisis, though, is that the alternative of helping Greece off a hook of its own making is far, far worse. All of the “PIGS” — Portugal, Ireland, Greece and Spain (and maybe Italy, if you’re feeling particularly uncharitable or skeptical) — have been living beyond their means, much like the investment banks did in the credit boom. A bailout of one will produce the same outcome as the rescue of Bear Stearns did; moral hazard will kick in, and instead of allowing economic Darwinism to cleanse the gene pool, the weaker nations will lose any incentive to cut spending and trim their swollen deficits. Risk Drifts Welcome to “Credit Crunch II.” By stuffing billions of dollars of taxpayers’ money into the balance-sheet holes of the banking industry, governments have transmogrified private risk into public liabilities. The “too-big-to-fail” label just reattaches itself to governments from financial companies. The sequel, if the European Union or its members are suckered into some kind of Greek rescue package by buying, guaranteeing or even repaying its bonds, could end up featuring Portugal as Lehman Brothers Holdings Inc. and Spain as American International Group Inc. As Dennis Gartman , economist and publisher of the Gartman Letter research report, has repeatedly pointed out in recent years, there is never only one cockroach. Debt Rollercoaster European debt markets have been on a rollercoaster as they try to parse the EU smoke signals to judge whether Greece will win financial backing from its neighbors, or just verbal support. So far this month, the 10-year Greek yield has swung between 6.05 percent and about 6.8 percent as hopes for help waxed and waned. The euro, however, didn’t exactly jump for joy at the prospect of an aid package, which tells you that a salvage operation for Greece is no panacea for what ails the common currency’s economies. Whenever the subject of the euro’s conception comes up, European Central Bank President Jean-Claude Trichet can’t hide a glimmer of paternal pride as he explains that one of the project’s finest achievements was yield convergence — the elimination of gaps between the borrowing costs of member nations — at lower, rather than higher, levels. In the absence of a euro-wide fiscal policy that makes spending and revenue decisions, though, there’s really no reason for investors to accept the same return for lending to such economically disparate countries as Germany and Portugal, for example. You are effectively buying a foreign-currency bond because Portugal doesn’t have the individual right to print currency to make its debt payments, and it can’t devalue its way to prosperity. Ceding Sovereignty All of this was recognized and much discussed at the euro’s introduction a decade ago. Yield convergence was driven by the expectation that the rules of the euro club would impose economic discipline on its members. One possible outcome of the current crisis is for common-currency participants to cede more of their fiscal sovereignty; self-regulation hasn’t worked any better in the euro area than it did in investment banking. Some people are talking as if there’s a simple choice facing European policy makers. Abandon Greece to its fate, the story goes, and unleash contagion trashing the creditworthiness of other, financially challenged euro participants. Throw a financial safety net beneath Hellenic debt, on the other hand, and you can eliminate the contagion threat. In reality, if Greece can’t solve its problems alone, the choice is between two different kinds of contagion. Why would an Irish policewoman swallow a pay cut that helps her government curb its spending if an EU handout eases the strictures demanded of Greek public-sector workers? If economic failure goes unpunished, then behavior doesn’t change — another lesson that the finance world should have learned from the credit crisis. Daubing a layer of financial lipstick on the “PIGS” makes them less, not more, attractive. ( Mark Gilbert , author of “Complicit: How Greed and Collusion Made the Credit Crisis Unstoppable,” is the London bureau chief and a columnist for Bloomberg News. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Mark Gilbert in London at magilbert@bloomberg.net

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Bankruptcy Bloodbath May Hit Muni Bond Owners Next: Joe Mysak

February 10, 2010

Commentary by Joe Mysak Feb. 10 (Bloomberg) — Public officials shouldn’t think about filing for Chapter 9 municipal bankruptcy to solve mounting labor costs and pension liabilities. Even talking about this action will invite an inquiry from Fitch Ratings, the company said in a report published Jan. 27. “The more bankruptcy is publicly discussed as an option for financial relief, the more its tarnish wears off, increasing the likelihood of its actual use,” Fitch said. The biggest financial crisis since the Great Depression is squeezing municipalities across the country. Since Vallejo, California, successfully petitioned for bankruptcy protection in May 2008, California’s towns, Detroit’s schools and Pennsylvania’s capital city of Harrisburg have all talked about Chapter 9. That should make bondholders nervous because it “questions whether a local government’s labor contracts would be surgically undone with bondholders’ rights left intact,” Fitch said. Or as John H. Knox , a partner with Orrick, Herrington & Sutcliffe in San Francisco, which is counsel to Vallejo in its bankruptcy, said in an interview: “Any plan is going to impair all classes of creditors, including bondholders.” Share Losses Vallejo, a city of 117,000 on San Francisco Bay, wants to roll back salary and benefits, cut services — and reduce debt payments. “No interest would accrue for four years, and general fund principal and interest payments would be suspended for three years,” the city’s workout plan states. This might save the municipality, or, depending upon your point of view, cost investors, $13.4 million. Fitch is concerned that if Vallejo’s plan is approved, it may set a precedent. “At least some classes of bondholders must share in losses along with other creditors,” the rating company’s statement said. Stiffing bondholders, even a little bit, would be unusual in the tax-exempt market, said James E. Spiotto , a partner at Chapman & Cutler in Chicago and a municipal bankruptcy specialist. That’s because most municipalities don’t go out of business in bankruptcy and need ready access to the credit market in order to borrow money. Reducing interest rates and extending repayment terms to bondholders are the usual strategies. Hard Choices Investors have long taken for granted municipalities’ ability and willingness to make bond payments. More Chapter 9 bankruptcies might force buyers to cast aside such assumptions. Public officials’ capacity to make unpopular decisions might become as important as the state of a community’s finances. Local governments have been reluctant to reduce headcount during the recession. Since employment peaked at 115.6 million in December 2007, businesses have cut 8.5 million jobs, a 7.4 percent reduction. Local governments , by contrast, continued adding employees through September 2008, to a high of 14.6 million and have since fired 141,000 workers, or 0.96 percent, according to the U.S. Bureau of Labor Statistics. “In most states, labor laws applicable to public employee contracts place numerous restrictions on revising labor agreements, even if the agreements are pushing the municipality toward bankruptcy,” Orrick’s Knox and colleague Marc Levinson wrote in “Municipal Bankruptcy: Avoiding and Using Chapter 9 in Times of Fiscal Stress,” a booklet published in 2009. “However, if all parties realize that failure to modify extant agreements would likely land the municipality in bankruptcy court, all parties should be willing to work very hard to achieve consensual modification of burdensome agreements.” Rare Option Chapter 9 bankruptcy is rare, according to the American Bankruptcy Institute in Alexandria, Virginia. Only six occurred during the first three quarters of 2009, the latest period for which data is available. There were four in 2008. Since 1980, we’ve seen 227 instances, the peak year being 1991, with 18. Most have involved utilities or special districts, according to Spiotto, not cities or counties. States can’t enter Chapter 9 bankruptcy, and 26 of them prohibit their municipalities from filing, according to Knox and Levinson. “A municipality in those states must seek enactment of a specific statute particular to it authorizing the filing. It goes without saying that a floundering municipality faces an uphill battle in such states.” That hasn’t stopped municipalities from talking about it more than they have since 1994, when Orange County, California, suffered through the country’s biggest municipal bankruptcy. Bondholders have to worry if it’s more than just talk. ( Joe Mysak is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. For Related News and Information: To contact the writer of this column: Joe Mysak in New York at jmysakjr@bloomberg.net

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Buy Stock Now to Ride Second Stage of Bull Market: John Dorfman

February 8, 2010

Commentary by John Dorfman Feb. 8 (Bloomberg) — From Jan. 19 through Feb. 4, the Standard & Poor’s 500 Index , a decent gauge of the overall U.S. stock market, dropped about 8 percent. Among the reasons sparking the decline were President Barack Obama’s proposed tax on banks and a congressional deadlock on health-care legislation. Some stock-market pundits take the drop as a sign that the stock surge that began March 9, 2009, is over, or almost over. I believe the rally will continue. The recent slump, in my view, was normal. The U.S. stock market historically has averaged at least three declines a year of 5 percent or more, and one fall of 10 percent or more, according to Ned Davis Research Inc. I think the rally will resume and run — with unpleasant interruptions, to be sure — through most of 2010, and possibly longer. Ned Davis , head of NDR, is one of my favorite analysts. His firm predicts a decline, perhaps even a “mini bear market,” during the second and third quarters. It expects the market to advance again after that. The Ned Davis team recommends that investors go “defensive” during that six-month stretch by buying the kinds of stocks that usually hold up better in declining markets: consumer staples, health care, utilities and telecommunications stocks. The Davis folks have given those four groups the acronym SHUT (staples, health, utilities, telecom). When the SHUT stocks break above their 200-day moving average, they say, investors should climb onboard. Saw-Tooth Advance Although I respect Davis, I’m not about to play defense. I don’t think the year will divide, like a concerto, into three distinct movements: up, down, up. Rather, I think the market will move in saw-tooth fashion, up and down all year, but with more ups than downs. Accordingly, I am staying with my “offensive” stocks: materials, energy, and industrial companies. In the materials field, for example, I recently purchased shares of Innophos Holdings Inc. , a small chemical company located in Cranbury, New Jersey. Innophos makes phosphate salts and other chemicals used for water treatment, as flavor enhancers, in pharmaceuticals, and for other applications. Chemical companies, like producers of steel and other metals, tend to rise and fall with the tides of the economy. Right now, in my view, the tides are rising. Evidence of Recovery Look at the fourth-quarter tally of the gross domestic product. It rose at a 5.7 percent annualized pace, the strongest reading since the third quarter of 2003. Or consider the Conference Board’s index of leading economic indicators. It has risen nine months in a row, from April through December. Auto sales are gaining, home prices have firmed in many cities, and technology orders are improving. All in all, the evidence points to an enduring recovery, in my view. If the economy is indeed recovering, it would be shocking for the stock market’s advance to stop abruptly. There has been a historical pattern, and the market seems to be following it. A terrible event such as a major terrorist act could, of course, cause markets to abruptly change direction. Second-Stage Bull During most bull markets, the first 40 percent or so of stock market gains occur in a spurt before an economic recovery begins. This time, that would be the period from March through, say, September. The remaining 60 percent of the gains usually occur more gradually and haltingly during the next year or two, as the economic recovery unfolds. Energy stocks usually do pretty well during the second stage of bull-market advances. Today, there are lots of energy companies I like. One is Atwood Oceanics Inc. , an oil and gas drilling contractor. Though the company is based in Houston, less than 5 percent of its revenue comes from the U.S. The bulk of its sales are from drilling in the Mediterranean and Black Seas as well as offshore sites in Asia and Australia. Atwood increased its fiscal year revenue to $587 million in 2009 from $161 million in 2004, and did it in the teeth of an economic slowdown. With that record of growth, I think the company should sell for more than the current multiple of nine times earnings. Twin Disc Undervalued Plenty of industrial stocks look good to me now. One is Twin Disc Inc. of Racine, Wisconsin, which makes heavy-duty transmissions used in off-highway vehicles, yachts and other large boats. In the nightmare year of 2008, Twin Disc shares dropped to about $7 from about $35. They have recovered only modestly since, and now trade for a bit less than $10. At that price, the shares are trading right around book value, a sign of a possible bargain. The price-earnings multiple looks bad, at near 30, but that is because earnings are evaporating– temporarily, I believe. After a profit of $1.03 a share in fiscal 2009, analysts look for earnings to fall to about 18 cents a share in fiscal 2010, which ends in June, and recover to 94 cents the following year. Twin Disc is well managed and happens to be economically sensitive. It has endured some pain, and now I think it will reap some gain. Disclosure note: I own shares of Innophos and Twin Disc personally and for clients. I have no long or short positions in Atwood Oceanics at this time. ( John Dorfman , chairman of Thunderstorm Capital in Boston, is a columnist for Bloomberg News. The opinions expressed are his own. His firm or clients may own or trade securities discussed in this column.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: John Dorfman at jdorfman@thunderstormcapital.com .

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Limbaugh’s Barbs Test Palin’s Honest Outrage: Margaret Carlson

February 4, 2010

Commentary by Margaret Carlson Feb. 5 (Bloomberg) — I never thought it would come to this. Sarah Palin is going to have to unheart Rush Limbaugh. Otherwise the only conclusion is that she fakes her emotions, even those that seem most genuine. In her reaction to a remark by Rahm Emanuel , the crude White House chief of staff, her hurt seemed real. Last August, according to a Jan. 26 article in the Wall Street Journal, Emanuel called congressional liberals not supporting the president “retarded,” preceded by a favorite curse word of his. Palin called for his head. “Just as we’d be appalled if any public figure of Rahm’s stature ever used the ‘N-word’ or other such inappropriate language, Rahm’s slur on all God’s children with cognitive and developmental disabilities — and the people who love them — is unacceptable, and it’s heartbreaking,” Palin wrote on her Facebook page. Nothing about Palin is more appealing than her love for her child born with Down syndrome. Palin may wear her other children on her sleeve, and on stage, but Trig she holds in her heart. In the umbrage she took over a tasteless David Letterman joke about one of her daughters, her anger looked simulated. She dragged out that controversy well after the host said he was sorry. Here, her reaction was appropriate. Emanuel apologized privately to Tim Shriver , head of Special Olympics, which was started by his mother, Eunice , to encourage the developmentally disabled through sports. On Wednesday, Emanuel had Shriver and a number of disability groups come to the White House for a public apology. Double Derogatory Limbaugh took the occasion to double-down on Emanuel’s remark. On his radio show, Limbaugh made an even more derogatory comment, insisting that there can be no insult in “calling a bunch of people who are retards, retards.” The real news, Limbaugh continued, was that Emanuel had directed his “retard” comment at Obama supporters. “So now there’s going to be a meeting,” he said. “There’s going to be a retard summit at the White House.” Having called out Emanuel, Palin can’t let Limbaugh get away with his own “slur on all God’s children.” Surely Limbaugh qualifies as a “public figure,” one with far more reach than Emanuel. If a six-month-old Emanuel remark uttered at a private meeting broke her heart, Limbaugh’s rant must have crushed her. Limbaugh’s on-air claim yesterday that, in throwing around the word “retard,” he had been “just quoting Emanuel” is, of course, laughable. As for his observation that the “drive-by” media is “trying to goad Sarah Palin into denouncing” him for his remarks: Well, why not goad, even if we’re not as good at it as Rush is? More Than Crude Limbaugh’s reference to a “retard summit” wasn’t reflexive crudeness. He made the comment with malice aforethought, cloaked in his usual objection to political correctness, on which he bases his license to pick on the weak. His running shtick is that it’s rich white fuzzballs like him who really suffer in a warped society that punishes success. Palin, usually among Rush’s chosen strong, is among the weak in this instance. Mean words about her son touch a spot so tender she flinches. I get a slew of hate mail about my opinions, stupidity and hair. It comes with the privilege of writing a column. The only cruelty I can’t stand is against my mentally disabled brother. I spent much of my childhood forcing the neighborhood kids to choose him for their teams. Now that I’m his guardian, I run a Society for the Prevention of Cruelty to Jimmy. The need to protect never goes away. Triumph of Politics In Palin’s case, we’ll see if politics triumph. She will not want to treat Limbaugh as she did Emanuel, a political enemy. She and Limbaugh are in a mutual-admiration society, working the same side of the street, manning the barricades against the heathen liberals, enforcing the same pure strain of conservatism against infidels. Rush has a conscience. One reason his television show wasn’t as successful as his radio one was that he couldn’t play himself. Inside the cocoon of his radio studio, he exempts himself from the usual rules. He’s an entertainer, so he can say anything. He’s not a journalist, so he doesn’t need to be factual. Liberals are mushy-headed wimps, so he can attack those they coddle to even the score. Physical disability is not off limits. He went after Michael J. Fox with relish, performing a spastic chair dance while claiming that Fox had purposely not taken his medication so that his Parkinson’s disease would be on full display in a TV ad in favor of candidates supporting stem-cell research. (Not true, Fox said.) Maternal Instinct I have a lot of questions about Palin as a candidate for president but not about her maternal instinct. I bet she would give up everything if it would make her child well. I would for my brother. Politics has gotten much meaner since 1995, when I had a long interview with Rush as part of a cover package on him for Time magazine. I went in thinking he was a jerk but came away believing that underneath his jerky persona was a not-so-bad, hyperbolic talk jockey. Now, if he doesn’t apologize for his gratuitous cruelty, I’ll have to conclude that underneath that talk-show bluster, he’s a jerk. ( Margaret Carlson , author of “Anyone Can Grow Up: How George Bush and I Made It to the White House” and former White House correspondent for Time magazine, is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Margaret Carlson in Washington at mcarlson3@bloomberg.net

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Kill Your Favorite Subsidy to Win the Deficit War: David Pauly

February 4, 2010

Commentary by David Pauly Feb. 4 (Bloomberg) — The Deficit. The Debt . Americans are strangling themselves economically. So: 1) Restore all income taxes to the pre-President George W. Bush level, not just those for people earning $250,000 or more. 2) Tax the banks $90 billion as proposed by President Barack Obama to pay for their bailout. Then break them up — making them small enough to fail and eliminating the need for more trillion-dollar rescues. You will find these measures repellant, of course, if you’re happy with the estimated $1.6 trillion U.S. budget deficit for the year ending Sept. 30. Since excessive government encouragement of home ownership contributed to the subprime mortgage crisis: 3) Eliminate income-tax deductions for property taxes and mortgage interest. Phase it in over five years so it hurts less. 4) Break Fannie Mae and Freddie Mac into four mortgage- buying companies and get them off the federal dole. You’ll be against these moves, naturally, if you think we can easily afford a budget deficit of $1.3 trillion in fiscal 2011. Because we need curbs now on out-of-control entitlements: 5) Raise the retirement age for collecting full Social Security benefits to 72. Cut cost-of-living increases for beneficiaries to half the inflation rate for 10 years. The president said the other night that fixing Social Security was easy. Let’s prove it. Work Longer 6) Raise the age for Medicare eligibility to 68. Try the Obama health-care changes. What’s there to lose? Extended coverage might lead to more preventive medicine that saves money in the long run. You won’t want to do any of this, certainly, if you’re delighted that the national debt now stands at $12.3 trillion, compared with $900 billion 30 years ago. There’s money to be saved on diverse fronts: 7) End the wars in Iraq and Afghanistan on the current schedules. Not levying a war tax to pay for these conflicts — which Americans initially would have supported — was a blunder. 8) Kill farm subsidies. It’s true that nature can damage farmers. It’s also true that in another industry, a rival’s new product can ruin a company. There are other possibilities. We could start a national sales tax — with rebates for those with low incomes. We can tax excessive health-insurance benefits. Personally, I would like a special income tax on college presidents who make more than half a million and college teachers who don’t teach. Ten-Year Outlook New taxes won’t appeal to you if you’re looking forward to annual budget deficits of $700 billion to $1 trillion for the next 10 years. Finally: 9) Reduce government. Without denigrating what these folks do, can we ask if the president really needs both a Council of Economic Advisers and a National Economic Council? Government housing officials will have less to do if we cut Fannie and Freddie loose. Whole agencies might be suspect. We, for instance, have a Selective Service System but no draft. The government has both the U.S. Postal Service and the Postal Regulatory Commission. Doesn’t competition from e-mail and FedEx Corp. keep postal rates in line? Did you know that we also have a Merit Systems Protection Board? Its Web site says one of its jobs is to make sure government workers are qualified. Of course, you will have no problem with these government entities if you’re not worried about the national debt increasing to an estimated $18.5 trillion by 2020. But the noose is getting tighter. ( David Pauly is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: David Pauly in Fort Myers, Florida dpauly@bloomberg.net

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Kill Your Favorite Subsidy to Win the Deficit War: David Pauly

February 4, 2010

Commentary by David Pauly Feb. 4 (Bloomberg) — The Deficit. The Debt . Americans are strangling themselves economically. So: 1) Restore all income taxes to the pre-President George W. Bush level, not just those for people earning $250,000 or more. 2) Tax the banks $90 billion as proposed by President Barack Obama to pay for their bailout. Then break them up — making them small enough to fail and eliminating the need for more trillion-dollar rescues. You will find these measures repellant, of course, if you’re happy with the estimated $1.6 trillion U.S. budget deficit for the year ending Sept. 30. Since excessive government encouragement of home ownership contributed to the subprime mortgage crisis: 3) Eliminate income-tax deductions for property taxes and mortgage interest. Phase it in over five years so it hurts less. 4) Break Fannie Mae and Freddie Mac into four mortgage- buying companies and get them off the federal dole. You’ll be against these moves, naturally, if you think we can easily afford a budget deficit of $1.3 trillion in fiscal 2011. Because we need curbs now on out-of-control entitlements: 5) Raise the retirement age for collecting full Social Security benefits to 72. Cut cost-of-living increases for beneficiaries to half the inflation rate for 10 years. The president said the other night that fixing Social Security was easy. Let’s prove it. Work Longer 6) Raise the age for Medicare eligibility to 68. Try the Obama health-care changes. What’s there to lose? Extended coverage might lead to more preventive medicine that saves money in the long run. You won’t want to do any of this, certainly, if you’re delighted that the national debt now stands at $12.3 trillion, compared with $900 billion 30 years ago. There’s money to be saved on diverse fronts: 7) End the wars in Iraq and Afghanistan on the current schedules. Not levying a war tax to pay for these conflicts — which Americans initially would have supported — was a blunder. 8) Kill farm subsidies. It’s true that nature can damage farmers. It’s also true that in another industry, a rival’s new product can ruin a company. There are other possibilities. We could start a national sales tax — with rebates for those with low incomes. We can tax excessive health-insurance benefits. Personally, I would like a special income tax on college presidents who make more than half a million and college teachers who don’t teach. Ten-Year Outlook New taxes won’t appeal to you if you’re looking forward to annual budget deficits of $700 billion to $1 trillion for the next 10 years. Finally: 9) Reduce government. Without denigrating what these folks do, can we ask if the president really needs both a Council of Economic Advisers and a National Economic Council? Government housing officials will have less to do if we cut Fannie and Freddie loose. Whole agencies might be suspect. We, for instance, have a Selective Service System but no draft. The government has both the U.S. Postal Service and the Postal Regulatory Commission. Doesn’t competition from e-mail and FedEx Corp. keep postal rates in line? Did you know that we also have a Merit Systems Protection Board? Its Web site says one of its jobs is to make sure government workers are qualified. Of course, you will have no problem with these government entities if you’re not worried about the national debt increasing to an estimated $18.5 trillion by 2020. But the noose is getting tighter. ( David Pauly is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: David Pauly in Fort Myers, Florida dpauly@bloomberg.net

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Obama’s Pyramid Schemes Would Make Keynes Happy: Caroline Baum

February 2, 2010

Commentary by Caroline Baum Feb. 3 (Bloomberg) — Jobs, jobs, jobs. Meet the new mantra, same as the old mantra. No longer will President Barack Obama be content to cite specious numbers about “jobs saved or created” as a result of last year’s $787 billion fiscal stimulus. Now he’s proposing $100 billion of new spending to “jumpstart job creation,” according to White House Budget Director Peter Orszag . It’s part of a $3.8 trillion budget for fiscal 2011, unveiled Monday, that projects a $1.3 trillion deficit next year, following a $1.6 trillion deficit this year. Spend money to save money. Spending dressed up as a jump- starter is still spending by another name. The only thing missing from the energy-cleansing, rural- community-assisting, climate-change-mitigating, health-food- promoting blueprint is money for pyramid building. In Chapter 10, Section VI of “The General Theory of Employment, Interest, and Money,” John Maynard Keynes advocated building pyramids as a cure for unemployment . In fact, “Two pyramids, two masses for the dead, are twice as good as one,” he wrote in his 1936 treatise. There are no masses for the dead in the president’s 2011 budget, only a few dead programs in the discretionary budget. It’s the part of the budget on automatic pilot — entitlement spending on Medicare and Social Security and interest on the public debt — that has to be addressed if restoring fiscal discipline is the goal. Incentive to Cheat The budget’s job-creation initiatives include funds for infrastructure investment; loan guarantees and tax credits for small businesses to spur hiring; cash assistance to states; and an extension in unemployment benefits, which is a disincentive for job seekers . While the nation can always use better roads and bridges, a tax cut for new hires, which is popular with both parties, is more problematic and hard to implement, according to Greg Mankiw , professor of economics at Harvard University and former economic adviser to President George W. Bush . How do you differentiate between employment churning — firing Peter to hire Paul — and a new hire? How do you treat new firms? In an October blog post, Mankiw proposed a cut in the payroll tax, something simple and universal rather than complex and targeted. Any attempt to apply more favorable tax treatment to marginal jobs than existing ones “creates a range of unintended consequences,” he said, not to mention an incentive to game the system. Tax Treatment The budget increases taxes on the rich, living and dead, by allowing the Bush tax cuts to expire at the end of the year. It eliminates capital gains taxes for investments in small firms and raises income, dividend and capital gains tax rates for individuals earning more than $200,000 a year, $250,000 for households. It imposes fees on big banks. (For some reason, the Treasury Department listed the tax cuts as bullet points under job creation and stashed tax increases under fiscal discipline and responsibility.) In bad times, presidents let themselves be seduced by the Keynesian notion that government can tax or borrow from the public and use that money to pay people to perform work of its choosing without sacrificing something. (See Friedman, Milton: “There is no free lunch.”) The sacrifice is private-sector investment in human and physical capital. If you accept the premise that the profit- driven private sector is better than bureaucrats at delivering the goods and services people want at the prices they’re willing to pay, then the trade-off isn’t worth it. Flawed Metrics How well do government stimulus programs work? Outside of some econometric model prediction, we don’t know. It’s impossible to run a real-world control experiment. We do know that on Feb. 13, 2009, Congress passed the American Recovery and Reinvestment Act. While the Obama administration insists it was not a jobs bill, the first goal , according to the Recovery.gov Web site, was to “create new jobs as well as save existing ones.” Thus began the “jobs created or saved” imbroglio, an attempt to quantify something unquantifiable. On Oct. 30, the Obama administration reported that 640,329 jobs had been created or saved from Feb. 17 to Sept. 30. (The Web site has since added 20 jobs to that total.) Watchdog groups smelled a rat, sifted through the data and found jobs that weren’t created in districts that didn’t exist. Shamed by revelations of bureaucratic ineptitude, the government redefined its metric. Going forward, it would tally all jobs funded by ARRA, even if they already existed. Pay Without Performance On Jan. 30, Recovery.gov posted a second report claiming 599,108 jobs were funded in the fourth quarter of last year. While the numbers from the two reporting periods aren’t comparable, the measures are so flawed and the job count so farfetched as to render them close enough for government work, and our purposes as well. Between Feb. 17 and Dec. 31, the government doled out $57,864,901,449 in federal contract, grant and loan awards yielding 1,239,457 jobs (no inexact rounding for this administration!). That computes to $46,686 per job created, saved, funded or fabricated. Why not simply write a check in that amount to each new job holder? It would be a lot easier and cheaper than funding a bureaucracy to orchestrate the effort. OK, I hear you. A job is more than the money it yields. It gives us a sense of purpose, improves our self-esteem and provides a reason to get up in the morning. The point is, government can always put people to work. It can hire teams of men with shovels to labor for weeks doing the work one earth-moving machine and operator can accomplish in one day. The goal is to create permanent jobs, increase productivity and contribute to the wealth of the nation. Pyramids don’t cut it. But they’re a good place to bury dead theories. ( Caroline Baum , author of “Just What I Said,” is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in sidebar display to send a letter to the editor. To contact the writer of this column: Caroline Baum in New York at cabaum@bloomberg.net .

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Goldman Sachs Wimps Out in Buck-Breaking Brawl: David Reilly

February 2, 2010

Commentary by David Reilly Feb. 3 (Bloomberg) — Throughout the financial crisis, Goldman Sachs Group Inc. extolled the use of market prices to value holdings, saying this instills needed discipline. The firm’s hard-line stance turned to mush, though, when it came time to end a market myth that fueled 2008’s meltdown. Goldman, along with the mutual-fund industry, argues that it is fine for money-market funds to use historical values, rather than market prices, to value holdings. This helps money- market funds maintain a stable price of $1 a share. The problem: the $1 share price gives investors the false impression that money-market funds are like bank accounts and so can’t lose money. That myth was shattered in 2008, and the resulting panic worsened the credit crunch, forcing the government to backstop these funds. In the face of opposition from the fund industry and from firms such as Goldman, the Securities and Exchange Commission so far has failed to force the $3.3 trillion money-market industry to face reality by requiring the funds to show that their shares rise and fall in value, even if by miniscule amounts. This inaction creates the possibility of future market runs and the need for more government bailouts. At a meeting last week, the SEC endorsed beefed-up disclosures for money-market funds, along with other technical changes such as requiring funds to boost cash holdings. It stopped short, though, of even proposing that funds be required to post values that wouldn’t always neatly show up as $1 a share. More Action Needed SEC Chairman Mary Schapiro did say the agency would continue to evaluate money-market fund reforms, including one to require floating values. More forceful action is needed, though, especially given that there have been calls for more than a year, most notably from a group run by former Federal Reserve Chairman Paul Volcker , to require that money-market funds either use floating values — and so prepare investors for the idea that these instruments can lose money — or be regulated as if they are bank products. Recall that the failure of Lehman Brothers Holdings Inc. led to losses that caused the $62.5 billion Reserve Primary Fund , the oldest U.S. money-market fund, to “break the buck.” This meant losses fell outside a preset range, so the value of its shares suddenly fell below the fixed $1 price. Panicky Investors This led to panic as investors realized money-market funds weren’t as safe as bank accounts and weren’t insured by the Federal Deposit Insurance Corp. The federal government had to step in and insure money-market investments until September 2009. Fresh memories of the money-market panic even played a role in the decision to bail out American International Group Inc. Appearing before Congress last week, Thomas Baxter , general counsel of the Federal Reserve Bank of New York, submitted testimony saying that money-market funds couldn’t have weathered an AIG failure. While those funds held $5 billion of commercial paper issued by Lehman, they held about $20 billion in notes issued by AIG, he said. “Losses to these funds would have had potentially devastating effects on confidence and would have accelerated the run on financial institutions of all kinds,” according to Baxter’s testimony. Requiring money-market fund values to float would help head off such problems. Investors would learn that these investments are just like other mutual funds, and so can lose money. ‘Wake-Up Call’ “Our experience with the Reserve Fund and other funds is a wake-up call that stable net asset value money funds are susceptible to runs, and we must more fundamentally rethink how they are regulated,” SEC Commissioner Kathleen Casey said at last week’s meeting. Casey added that if the funds aren’t to face bank-like regulation, they need to move to floating values. The industry’s case against floating values is that investors would pull cash out of money-market funds because they want investments with a stable value. That, the argument goes, would deprive American companies of a vital source of funding, since money-market funds are big buyers of short-term commercial paper issued by companies. That is a well-worn ploy from the financial-services industry to counter any change that cuts into business. Banks used this tactic effectively in 2003 and 2004, for instance, to pressure the Financial Accounting Standards Board to water down rules that would have limited banks’ ability to use off-balance- sheet vehicles. Goldman’s Case The result was out-of-control securitization and under- capitalized banks, both of which played huge roles in crashing the financial system. Goldman made the exact same “We can’t crimp companies’ funding” argument in a September comment letter to the SEC on money-market reforms. Most egregious is that Goldman’s letter argues in favor of using historical prices for money-market fund values, even though the firm has championed the use of market values for investments and financial holdings. In an op-ed article last autumn, Goldman Chief Executive Officer Lloyd Blankfein wrote, “Markets, and ultimately investors, are better served with information that more closely reflects the judgment of the market rather than the historical price.” Now Blankfein’s boys are trying to play Jack Nicholson in “A Few Good Men,” screaming at the SEC and investors: “You can’t handle the truth!” Guess what? It’s Goldman and money-market funds who can’t handle the truth. Investors can, if it means they don’t have to face more market crashes and government bailouts. ( David Reilly is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: David Reilly at dreilly14@bloomberg.net

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Peyton Manning Skills Needed to Avert Tax Fumble: Amity Shlaes

February 2, 2010

Commentary by Amity Shlaes Feb. 2 (Bloomberg) — President Barack Obama is offering up a budget that reflects the biggest debts and deficits in U.S. history. Rather than boggle the mind with the details of this $3.8 trillion monstrosity, plenty of people — especially Wall Streeters — would rather think about whether the New Orleans Saints will get to Indianapolis Colts quarterback Peyton Manning or what the new stand-alone AOL Inc. will report in earnings this week. This year, though, you probably want to shift your eyes from the sports screen to C-Span coverage of the House Ways and Means Committee. To forestall tax disaster, Obama and House Minority Leader John Boehner have to do more than agree to debate on the air at a GOP retreat. Otherwise taxes will go up enough to spoil a few years of football. Exactly what has changed becomes clear when you look back at attitudes of the past decades. When it came to the budget process, lawmakers always had to follow what James Lucier of Capital Alpha Partners, a Washington-based forecasting firm, calls their “Farmer’s Almanac.” From budget through resolutions through tax revisions to pay for resolutions to presidential signature, it was all quaint and obscure. The whole process itself was front and center, enough of a burden to impede truly dangerous tax increases. What if those lawmakers and the White House couldn’t even get it together to enact a budget? So much the better. That’s what happened in 1995, after Republicans took the majority in the House of Representatives and President Bill Clinton and House Speaker Newt Gingrich couldn’t agree on a deal. From that spring through autumn, when Washington shut down, the Dow Jones Industrial Average rose to 5,100 from 4,100. Clinton’s sex life? Good news as well, for markets. Scandals kept Clinton so busy he didn’t have time or inclination to force through more tax increases. Tax Doom But doom this time looms. At least tax doom. If Congress generally does nothing by Christmas, taxes will go up, with the top rate on the income tax reverting to 39.6 percent from 35 percent now. If you include phase-outs of exemptions, the top rate will really be more than 40 percent. The special election in Massachusetts of Scott Brown to the Senate will charge up his Republican colleagues, but probably not enough to enable them to halt the expiration of the Bush-era cuts on the top rates. The increase in the top rates, Lucier says, “you can take to the bank.” It is already inscribed in the almanac. Inaction on the top income tax rates in 2010 in turn will affect dividends, where the rate increase will be more dramatic. The tax rate on dividends now stands at 15 percent, the same as the capital gains rate. But this special treatment likewise expires in December. Double Whammy Without new legislation, the rate will increase some 25 percentage points. That’s because dividends will again be treated, as they were historically, as ordinary income, and taxed at 39.6 percent rate. In other words, a double whammy. Some will reply that dividend taxes have been high before, without apocalypse. But it is the rate of increase that matters, rather than the absolute level. If the Senate follows its traditional pattern it may, with Brown’s help, manage to curtail the tax increase on dividends. But the operative word is “may.” Brown, after all, is inexperienced — no political Peyton Manning, not to mention a Jack Kemp . There is also the heavy task of keeping the long-term capital gains rate down. If Congress does nothing, that too will rise, to 20 percent. Busy With Scandals Middle-income earners may tell themselves it doesn’t affect them. But Congress has to be on the lookout for them too and remember to enact another patch for the alternative minimum tax. What if Ways and Means Chairman Charles Rangel is too busy with his ethics probe to get to that? This time, political scandal is a minus for markets, not a bonus. The combination of the new increases will reduce the relative competitiveness of the U.S. The best possible outcome, from a tax point of view, requires action worthy of Manning. This has to come first on the political front, followed by election of Republicans and tax- averse Democrats in sufficient numbers to support extending the current tax rates. More action then has to come from the new Congress itself: it must extend the current rates in November or December. Leaving Washington alone while it celebrates the occasional special-election victory is far from enough for the pro-growth crowd to do in 2010. This year is the Super Bowl of tax, and it’s time for our leaders to get ready to play. ( Amity Shlaes , senior fellow in economic history at the Council on Foreign Relations, is a Bloomberg News columnist. The opinions expressed are her own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Amity Shlaes at amityshlaes@hotmail.com

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