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Cassidy Turley Chief Economist Sees Retail Sector Slowly Improving

May 23, 2011

WASHINGTON, May 23, 2011 /PRNewswire/ — Net demand for retail space has been trending up since July 2010, yet the U.S. retail sector will not reach historical average vacancy before mid-2013, according to Kevin Thorpe (top right photo)   Chief Economist at Cassidy Turley, a leading commercial real estate services provider in the U.S.   According to Cassidy Turley’s May 2011 Insights: Retail Outlook, Class A centers will rebound with slight rent growth this year in most metropolitan areas, while most Class B and C centers in secondary and tertiary markets will continue to lag.   For the next two years, it will continue to be a story of haves and have-nots. “The good news is that unlike the previous three years, the positive momentum we are observing in the retail sector easily exceeds the downside risks, giving us greater confidence that the recovery will continue to strengthen,” said Thorpe. Cassidy Turley issued its May 2011 Insights: Retail Outlook at the International Council of Shopping Centers (ICSC) RECon 2011 conference, May 22-25, at the Las Vegas Convention Center.   Copies of the May 2011 Insights: Retail Outlook and other Cassidy Turley research are available at Cassidy Turley’s booth (#C187 L St) in the Central Hall. For a complete copy of the company’s news release, please contact: Maureen Wheeler, Vice President, Corporate Communications, Cassidy Turley, +1-202-463-1138, Maureen.Wheeler@cassidyturley.com or Dan Cherrin, Definition 6 for Cassidy Turley, +1-313-300-0932, Daniel.Cherrin@definition6.com   Web Site: http://www.cassidyturley.com

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McDonald’s CEO Defends Spokesclown, ‘Right To Choose’ Fast Food

May 19, 2011

— McDonald’s Corp. CEO Jim Skinner came out swinging Thursday when asked about Ronald McDonald and whether the burger chain hooks children with junk food. Skinner, speaking at the company’s annual shareholder meeting at McDonald’s headquarters outside Chicago, said that newspapers ads Wednesday calling for Ronald’s retirement had prompted an outpouring of support to his office, with parents and customers asking Skinner “to defend their right to choose.” A group called Corporate Accountability International paid for the ads, which said Ronald is encouraging unhealthy eating habits and contributing to childhood obesity and related diseases such as diabetes. At the meeting, shareholders defeated a proposal the group had helped craft asking McDonald’s to issue a report on its responses to childhood obesity. The proposal received 6 percent support, according to preliminary results released by the company. Nick Guroff, a spokesman for Corporate Accountability International, called it “an extreme success for a first introduction” and said the results will force McDonald’s executives “to take these concerns – as much as they diminished them at their shareholder meeting and otherwise – very seriously.” When Deborah Lapidus, an organizer with the activist group, said McDonald’s is interfering with political efforts to curb marketing unhealthy food to children, Skinner replied that “this is about choice.” “We believe in the democratic process and our government officials believe in the democratic process,” he said to applause from the audience of McDonald’s shareholders. “This is about choice, this is about personal, individual right to choose in the society we live in. That’s where we play, that’s where you play, and we have every right to do so.” Skinner also got applause when he called Ronald, the burger chain’s smiling spokesclown, “an ambassador for good” and noted that he is the face of Ronald McDonald House Charities. “He does not advertise unhealthy food to children,” Skinner said. “We provide many choices that fit with the balanced, active lifestyle. It is up to them to choose and their parents to choose, and it is their responsibility to do so.” When another shareholder said he was disappointed that Ronald wasn’t at the meeting, Skinner replied: “Ronald hasn’t been here because he’s out in the field busy doing work and fighting through the protestors.” McDonald’s has fared well throughout the recession, and Skinner started his presentation by saying that the company has turned in eight straight years of growth in stores open at least 13 months, an important measure for a restaurant chain. He also said that store remodelings and an expanded menu, including smoothies and oatmeal, will broaden the restaurant’s appeal. “It’s oatmeal, people,” he added, an apparent jab at a shareholder who said the oatmeal contains as much sugar as a Snickers bar. Shareholders re-elected all five directors on the ballot, including Skinner, with each getting at least 97 percent of the vote, the company said. Shareholders also passed a proposal, with 77 percent approval, asking the company to require that all directors be re-elected annually. The Florida State Board of Administration, which submitted the proposal, said the change would help keep directors accountable. McDonald’s had opposed the change, saying its strong financial performance should be evidence of a proper board structure.

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Another State To Slash Unemployment Benefits

May 16, 2011

Following the example set by four other states, South Carolina lawmakers want to slash benefits for the jobless. The South Carolina State Senate gave preliminary approval last week to a bill that would reduce state unemployment benefits from 26 weeks to 20 weeks while simultaneously cutting unemployment surtaxes for businesses. In recent months Michigan and Missouri cut benefits to 20 weeks , and Florida and Arkansas have slashed aid as well. Those reductions served as models for South Carolina, where the idea to decrease the number of benefits popped up in the last few weeks. “I think 20 weeks is a good balance,” State Sen. Kevin Bryant (R), a proponent of the measure, told HuffPost. “We did see where other states had done that.” The bill also pays back $100 million borrowed from the federal government’s unemployment trust fund. Thirty states owe the federal government a total of $43.8 billion for unemployment loans, according to the Labor Department. Higher federal taxes can automatically kick in for states that owe the feds for two years in a row. Like the other states that have cut aid, lawmakers in South Carolina say it’s time to close budget gaps and coddle business instead of the jobless. “If we can pay down the debt, that will lead to an unemployment tax cut,” Bryant said. “We believe that will help [businesses'] ability to hire.” It’s not just about the budget and taxes, however. “I’ve got several employers that will tell me they’ve had lots of people tell them, ‘You know, I can’t take this job because I’ll lose my unemployment benefits,’” Bryant said. “We’ve got to find ways to stop paying people to stay home.” South Carolina has a 9.9 percent unemployment rate. Last week, Republicans in the U.S. House of Representatives moved legislation that would allow states to use federal unemployment money for debt payments instead of checks for the jobless. States traditionally pay the first 26 weeks of benefits, and Congress provides extra weeks during recessions. Currently, the federal government gives the jobless up to 73 weeks of extra benefits in states with high unemployment. Because the extra benefits are based on the duration of state benefits, cutting the state aid will result in a reduction of the federal benefits as well. Bryant said the jobless would be eligible for about 70 weeks of total assistance if the bill becomes law. The changes would take effect immediately. So far, Democrats support the Republican measure, which won unanimous preliminary approval last week. “As hard as it was for me to vote for that, I thought we needed somehow to balance our system down here so we could pay back the money we withdrew during the Great Recession,” State Sen. John Land (D) said. “Normally, I’m in the corner of the working people, and I hated to do it, but I thought with all the facts I had…at that particular point in time I was willing to do the appropriation, and the next step is we will debate the terms and I might have a change of heart.” Land lamented that the legislature cut unemployment taxes for businesses when South Carolina’s unemployment trust fund ran a surplus a decade ago and didn’t increase revenue before the fund started running dry in 2008. “We had such good employment that the trust fund was just bulging with money and we could give the businesses a cut,” he said. “But then when the system started paying out more than it was taking in…we did not up the rate we were charging employers.” Darrell Scott, vice president of public policy for the South Carolina Chamber of Commerce, said he is “cautiously optimistic” the legislature will pass the bill before adjourning on June 2. Sue Berkowitz, director of the S.C. Appleseed Legal Justice Center, a nonprofit that advocates on behalf of poor people, opposes the measure and said she’s afraid it will pass, particularly because majority Republicans don’t need Democrats’ support to get it through both houses of the General Assembly. “There are other ways to raise revenue in the state that they’re totally unwilling to look at,” she said. “It’s very disappointing we’re not looking out for the regular people of South Carolina.”

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Fraud Within Finance Departments On The Rise, Survey Finds

May 15, 2011

ORLANDO, Florida (Barbara Liston) – “Back office” fraud is draining corporate treasuries of billions of dollars a year, and the risk is growing as companies and employees struggle in the wake of the recession, finance managers and experts say. Fraud schemes in company finance departments include the creation of fake vendors, billings for nonexistent goods, checks written to dummy companies and kickbacks from vendors. “Most companies are weak in the area of back office and vendor fraud and that poses a significant threat to them,” Michele Edwards, a fraud expert, told Reuters this week on the sidelines of a corporate finance professionals’ conference. Typically, it takes 18 months to detect a fraud, Edwards said. In an informal poll of 622 finance managers during the May 8-12 Orlando conference, 72 percent reported seeing an increase in cases of back office fraud, Tom Bohn, president of the Institute of Financial Operations, said on Friday. The institute, which groups several associations of corporate finance professionals from across the world, was launched this week during the Orlando conference. Bohn and Edwards said some of the rise in reported losses might be a result of companies’ increased focus on, and detection of, back office fraud over the past two years. That focus came in response to U.S. federal regulators taking a harder line against companies that were not doing enough to prevent fraud that caused shareholder losses. SQUEEZE ON PERSONAL FINANCES But Edwards and Bohn said the recent recession had increased the risk of fraud. Company budget cutbacks had resulted in some employees becoming solely responsible for what previously had been two or more separate duties, and there had been a reduction in internal checks and balances and office controls. The squeeze from the recession on employees’ personal finances and family life also was a factor, Edwards said. “They didn’t get a raise. They didn’t get a 401k (retirement plan) match. Those are all additional pressures that have been on a lot of people over the past couple of years that may have caused them — where they might not have in a normal environment — to do something unfortunate like fraud,” Edwards said. She said the end of the recession won’t solve the problem. “You’ve got those expectations from the shareholders and the CEO that, hey, we’re coming out of the recession. It’s back to business. It’s back to growth mode. That pressure isn’t really going away,” Edwards said. Companies are beginning to employ safeguards such as software, analytical tools and fraud prevention specialists to detect problems early. They are also starting to search out and shut down opportunities for fraud, and to build a corporate culture that discouraged it. “If you focus on the culture, you can reduce the risk from day one,” said Bohn. “The more dollars you can save leaving the corporation, the better your bottom line is going to be.” (Editing by Pascal Fletcher and Xavier Briand) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Major Bank Appears To Have Retaliated Against Foreclosure Fraud Expert By Targeting Her Son

May 14, 2011

WASHINGTON — Deutsche Bank appears to have retaliated against a high-profile foreclosure fraud expert, whose years-long battle against her own foreclosure helped reveal a wave of apparent malfeasance, by suing her son. The expert, Lynn Szymoniak, an attorney who specializes in white-collar crime, is widely considered on Capitol Hill to be one of the nation’s top experts on foreclosure law. When Deutsche Bank attempted to jack up the interest rate on the mortgage for her Palm Beach Gardens, Fla., home in May 2008, she contested the move, setting off an investigation which unveiled mountains of forged signatures and fraudulent bank paperwork associated with the foreclosure process. Szymoniak alerted other attorneys, neighborhood advocates, lawmakers and the media about the apparent rampant fraud. She appeared on “60 Minutes” in April to discuss the broader foreclosure scandal [video appended below]. Her own home has been in foreclosure since June 2008. A month earlier, she had been notified that the interest rate on her adjustable-rate mortgage was being raised, increasing her monthly payments by about $1,000. But the terms of her mortgage only allowed interest-rate hikes at certain dates. In an interview with The Huffington Post, Szymoniak noted that Deutsche Bank was not acting within the allowed timeframe. “They missed my adjustment date, and then when they figured it out, they just slapped that higher payment on anyway,” she said. “I paid one payment at the higher rate and then I said, ‘This is ridiculous.’ And I stopped paying and then they sued me in June ’08.” Both Deutsche Bank and their legal counsel, Akerman Sentertfitt LLP, declined to comment for this report. After she’d been sued, Szymoniak said, she began investigating the documentation on Florida foreclosures, uncovering alarming irregularities, including signatures that were apparently forged. If so, those signatures allowed banks to push foreclosures through overly quickly, charge improper fees and assert improperly inflated borrower debts. Shortly after appearing on “60 Minutes” Szymoniak won a major victory in her own foreclosure case. The court found that Deutsche Bank was unable to demonstrate ownership of her mortgage, which had originally been issued by the defunct subprime mortgage lender Option One, and threw the case out. Deutsche Bank was permitted to refile their case if they could obtain proper documentation, however. And on Friday, May 6, Szymoniak received a notification from the bank’s lawyers that she was again being sued for foreclosure. But Deutsche Bank wasn’t just going after her. The bank was also attempting to sue her son, Mark Cullen, who is currently pursuing a graduate degree in poetry at the New School in New York. Cullen hasn’t lived in Szymoniak’s house for seven years and is not a party to any aspect of her mortgage — he has no interest in either the property or the loan, and never has had any such interest, according to Szymoniak. “It is just absolute harassment,” Szymoniak said. “He doesn’t own anything, for god’s sake! He’s getting a masters in poetry. He not only doesn’t have any money, he’s never going to have any money.” And other Florida foreclosure experts say it’s difficult to interpret Deutsche Bank’s move as anything other than retaliation for Szymoniak’s media presence. If it is not, in fact, retaliation, they argue, then Deutsche Bank’s lawyers have demonstrated rank incompetence. “It sounds crazy,” said Margery Golant, a principal with the foreclosure defense law firm of Golant & Golant PA in Florida. “I can think of no legitimate reason, if he doesn’t have some connection to the property or to the mortgage, to include him in an action to foreclosure.” “It’s an intimidation tool,” said Matt Englett, a partner at the Florida law firm Kaufman Englett Lynd PLLC. “Most people, they get scared and they get nervous and I think that’s the affect that they’re trying to have on him and his mother.” “If he’s not an owner of the house, it’s pretty clearly just vindictive,” said Joshua Rosner, the managing director of Graham Fisher & Co., a mortgage investment firm. “If they’re doing it intentionally, that’s one hell of a statement. If they’re doing it randomly, that’s still pretty incredible.” The experts said the lawsuit against Szymoniak’s son could also have negative implications for him beyond the immediate costs of fighting the foreclosure case, even though he has no financial interest in anything related to it. “He’s going to have a lawsuit out there against him,” Englett said, “so if someone were to do some kind of background check against him, that would come up.” Watch Szymoniak’s “60 Minutes” interview:

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Fidelity National Title Appoints Dan Wallace as Florida Major Accounts Manager

May 12, 2011

MAITLAND, FL–(Marketwire – May 12, 2011) – Fidelity National Title announced that Dan Wallace has been appointed as Vice President, Florida State Manager, Major Accounts Division. Dan will be responsible for the development and maintenance of business between builders, developers, brokers, lenders, asset managers, non-agent Attorneys, CPAs and Financial Planners with Fidelity National Title across the entire state of Florida.

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Foreclosures Fall To 40 Month Low — Due To Paperwork Delays, Not Recovery

May 12, 2011

Foreclosure activity has fallen to a 40-month low, but not because of any recovery in the housing market, a new report finds. Rather, the slowdown comes from massive delays in processing foreclosure paperwork. In April, overall foreclosure filings — including default notices, scheduled auctions and bank repossessions — declined for the seventh month straight to 219,258, a 9 percent decrease from March and a 34 percent decrease from April last year. Banks seized 69,532 homes last month, a 5 percent drop from March, according to data provider RealtyTrac. “This slowdown continues to be largely the result of massive delays in processing foreclosures rather than the result of a housing recovery that is lifting people out of foreclosure,” said James J. Saccacio, chief executive officer of RealtyTrac, in a press release. Nationwide, foreclosures completed in the first quarter of the year took an average of 400 days from initial default notice to conclusion, up from the 340 days the process took last year and more than twice the average time — 151 days — it took to complete a foreclosure in the first quarter of 2007. In some states, that number soared higher. In New Jersey and New York, the average timeframe in the first quarter of this year was 900 days. In Florida, it was 619. With home prices still falling, a slowdown in foreclosures driven by paperwork delays is bad news for the overall housing market recovery. Home prices hit their lowest point in two years in April, falling 0.7 percent below March 2009 levels, according to a recent report by Clear Capital. Housing experts say the data from RealtyTrac’s report does not indicate a reversal of this trend will be quickly forthcoming. “As the servicers sort out their processing issues and staff up a little that means these homes will end up on the market as a distress sale and that will cause home prices to fall further,” said Celia Chen, a housing market analyst for Moody’s Analytics. “It delays the problem. It extends the recovery in the housing market,” Last fall, many of the nation’s largest lenders voluntarily halted home repossessions when flawed foreclosure practices came to light. On Wednesday, the Huffington Post reported that HSBC North America Holdings, the 12th-largest mortgage servicer in the U.S., will continue its moratorium on home seizures in some jurisdictions. According to the bank’s filings, the bank will not fully resume foreclosing on defaulted borrowers for a number of months. The Obama administration is now pushing for the creation of a federal account to help distressed borrowers and settle ongoing probes into faulty mortgage practices, the Huffington Post reported on Wednesday. There is still a large stock of homes in distress — at least 3.7 million homes are in a late stage of the foreclosure process, according to the report — and housing experts stress that processing these properties as quickly as possible is critical to the recovery of the housing market. “This is what frees up the economy to make forward progress and allows home prices to rise,” said Michael Englund, chief economist at Action Economics. “It will probably take about another year to work our way through the foreclosure mess.”

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Amtrak, 15 States Get $2 Billion That Florida Lost

May 9, 2011

WASHINGTON — Amtrak and rail projects in 15 states are being awarded the $2 billion that Florida lost after the governor canceled plans for high-speed train service, the Department of Transportation said Monday. The largest share of the money – nearly $800 million – will be used to upgrade train speeds from 135 mph to 160 mph on critical segments of the heavily traveled Northeast corridor, the department said in a statement.. Another $404 million will go to expand high-speed rail service in the Midwest, including newly constructed segments of 110-mph track between Detroit and Chicago that are expected to save passengers 30 minutes in travel time. Nearly $340 million will go toward state-of-the-art locomotives and rail cars for California and the Midwest. California will also get another $300 million toward trains that will travel up to 220 mph between San Francisco and Los Angeles. “These projects will put thousands of Americans to work, save hundreds of thousands of hours for American travelers every year, and boost U.S. manufacturing by investing hundreds of millions of dollars in next-generation, American-made locomotives and rail cars,” Vice President Joseph Biden said in a statement. President Barack Obama has sought to make creation a national network of high-speed trains a signature project of his administration. He has said he wants to make fast trains accessible to 80 percent of Americans within 25 years. The money – initially $2.4 billion – had been awarded to Florida for high-speed trains between Tampa and Orlando. After Gov. Rick Scott canceled the project, the Transportation Department invited other states to bid for the funds. It received 90 applications seeking a total of $10 billion. Scott said he was concerned that the state government would be locked into years of operating subsidies. However, a report by the state’s transportation department forecast the rail line would be profitable. The project initially had been approved by Scott’s predecessor, Republican-turned-Independent Charlie Crist. Two other Republican governors elected in November have canceled high-speed train projects in their states. Wisconsin Gov. Scott Walker turned down $810 million to build a Madison-to-Milwaukee high-speed line. Ohio Gov. John Kasich rejected $400 million for a project to connect Cincinnati, Cleveland and Columbus with slower-moving trains. Both the Ohio and Wisconsin projects had been approved by the governors’ Democratic predecessors. Republican members of Congress have also opposed funds for high-speed trains, rescinding $400 million of the money previously awarded Florida as well as other unspent money designated for trains in budget deliberations with the administration.

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Jeffrey Sachs: The Global Economy’s Corporate Crime Wave

May 8, 2011

The world is drowning in corporate fraud, and the problems are probably greatest in rich countries — those with supposedly “good governance.” Poor-country governments probably accept more bribes and commit more offenses, but it is rich countries that host the global companies that carry out the largest offenses. Money talks, and it is corrupting politics and markets all over the world. Hardly a day passes without a new story of malfeasance. Every Wall Street firm has paid significant fines during the past decade for phony accounting, insider trading, securities fraud, Ponzi schemes, or outright embezzlement by CEOs. A massive insider-trading ring is currently on trial in New York, and has implicated some leading financial-industry figures. And it follows a series of fines paid by America’s biggest investment banks to settle charges of various securities violations. There is, however, scant accountability. Two years after the biggest financial crisis in history, which was fueled by unscrupulous behavior by the biggest banks on Wall Street, not a single financial leader has faced jail. When companies are fined for malfeasance, their shareholders, not their CEOs and managers, pay the price. The fines are always a tiny fraction of the ill-gotten gains, implying to Wall Street that corrupt practices have a solid rate of return. Even today, the banking lobby runs roughshod over regulators and politicians. Corruption pays in American politics as well. The current governor of Florida, Rick Scott, was CEO of a major health-care company known as Columbia/HCA. The company was charged with defrauding the United States government by overbilling for reimbursement, and eventually pled guilty to 14 felonies, paying a fine of $1.7 billion. The FBI’s investigation forced Scott out of his job. But, a decade after the company’s guilty pleas, Scott is back, this time as a “free-market” Republican politician. When Barack Obama wanted somebody to help with the bailout of the US automobile industry, he turned to a Wall Street “fixer,” Steven Rattner, even though Obama knew that Rattner was under investigation for giving kickbacks to government officials. After Rattner finished his work at the White House, he settled the case with a fine of a few million dollars. But why stop at governors or presidential advisers? Former Vice President Dick Cheney came to the White House after serving as CEO of Halliburton. During his tenure at Halliburton, the firm engaged in illegal bribery of Nigerian officials to enable the company to win access to that country’s oil fields — access worth billions of dollars. When Nigeria’s government charged Halliburton with bribery, the company settled the case out of court, paying a fine of $35 million. Of course, there were no consequences whatsoever for Cheney. The news barely made a ripple in the US media. Impunity is widespread — indeed, most corporate crimes go un-noticed. The few that are noticed typically end with a slap on the wrist, with the company — meaning its shareholders — picking up a modest fine. The real culprits at the top of these companies rarely need to worry. Even when firms pay mega-fines, their CEOs remain. The shareholders are so dispersed and powerless that they exercise little control over the management. The explosion of corruption — in the US, Europe, China, India, Africa, Brazil, and beyond — raises a host of challenging questions about its causes, and about how to control it now that it has reached epidemic proportions. Corporate corruption is out of control for two main reasons. First, big companies are now multinational, while governments remain national. Big companies are so financially powerful that governments are afraid to take them on. Second, companies are the major funders of political campaigns in places like the US, while politicians themselves are often part owners, or at least the silent beneficiaries of corporate profits. Roughly one-half of US Congressmen are millionaires, and many have close ties to companies even before they arrive in Congress. As a result, politicians often look the other way when corporate behavior crosses the line. Even if governments try to enforce the law, companies have armies of lawyers to run circles around them. The result is a culture of impunity, based on the well-proven expectation that corporate crime pays. Given the close connections of wealth and power with the law, reining in corporate crime will be an enormous struggle. Fortunately, the rapid and pervasive flow of information nowadays could act as a kind of deterrent or disinfectant. Corruption thrives in the dark, yet more information than ever comes to light via email and blogs, as well as Facebook, Twitter, and other social networks. We will also need a new kind of politician leading a new kind of political campaign, one based on free online media rather than paid media. When politicians can emancipate themselves from corporate donations, they will regain the ability to control corporate abuses. Moreover, we will need to light the dark corners of international finance, especially tax havens like the Cayman Islands and secretive Swiss banks. Tax evasion, kickbacks, illegal payments, bribes, and other illegal transactions flow through these accounts. The wealth, power, and illegality enabled by this hidden system are now so vast as to threaten the global economy’s legitimacy, especially at a time of unprecedented income inequality and large budget deficits, owing to governments’ inability politically — and sometimes even operationally — to impose taxes on the wealthy. So the next time you hear about a corruption scandal in Africa or other poor region, ask where it started and who is doing the corrupting. Neither the US nor any other “advanced” country should be pointing the finger at poor countries, for it is often the most powerful global companies that have created the problem. Originally published by Project Syndicate.

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40th Bank Fails In 2011

May 7, 2011

LOS ANGELES — Regulators on Friday shut down a small Florida bank, bringing the number of U.S. bank failures this year to 40. The pace of closures has slowed, however, as the economy improves and banks work their way through piles of bad debt. By this time last year, regulators had closed 68 banks. The Federal Deposit Insurance Corp. seized Coastal Bank of Cocoa Beach, with about $129.4 million in assets and $123.9 million in deposits as of March 31. Premier American Bank N.A., based in Miami, agreed to assume the deposits and buy the assets of the failed bank. It also agreed to share losses on $108.2 million of Coastal Bank’s assets with the FDIC. The failure of Coastal Bank is expected to cost the deposit insurance fund $13.4 million. Coastal Bank’s two branches will reopen on Monday as branches of Florida Community Bank, a division of Premier American, the FDIC said. Florida has been among the hardest-hit states for bank failures. Regulators shuttered 29 banks in the state last year. Coastal Bank is the fifth Florida lender shut down by the FDIC this year. In 2010, authorities seized 157 banks that succumbed to mounting soured loans and the hobbled economy. It was the most in a year since the savings-and-loan crisis two decades ago. The FDIC has said that 2010 likely would mark the peak for bank failures. There were 140 bank failures in 2009, costing the insurance fund about $36 billion. The failures last year cost around $21 billion, a lower price tag because the banks that failed in 2010 were smaller on average. Twenty-five banks failed in 2008, the year the financial crisis struck with force; only three were closed in 2007. From 2008, the year the financial crisis struck, through 2010, bank failures cost the fund $76.8 billion. The deposit insurance fund fell into the red in 2009, and its deficit stood at $7.4 billion as of Dec. 31. The FDIC expects the cost of resolving failed banks to total around $52 billion from 2010 through 2014. Depositors’ money – insured up to $250,000 per account – is not at risk, with the FDIC backed by the government. That insurance cap was made permanent in the financial overhaul law enacted last July. The number of banks on the FDIC’s confidential “problem” list rose to 884 in the final quarter of last year from 860 three months earlier. The 884 troubled banks is the highest number since 1993, during the savings-and-loan crisis.

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Credit Card Executives Optimistic In Face Of Looming Dodd-Frank Rules

May 2, 2011

MIAMI BEACH, Florida (Maria Aspan) For the first time in years, credit card executives are looking beyond the losses of the financial crisis — and they’re even losing less sleep over the prospect of tighter government oversight. Losses from credit defaults keep falling, an explosion in smartphone payment systems and other technology has raised the prospect of new long-term revenue growth, and executives now believe they can mitigate the effects of the latest regulatory overhaul of the U.S. card industry. “I am optimistic … Nothing has been done that can’t be rolled back quickly,” longtime credit card executive Stephen Eulie said in an interview last week. Eulie, who has worked at JPMorgan Chase & Co and Citigroup Inc, is now the head of First National Bank of Omaha’s card unit, which runs credit card programs for companies, including Chrysler Group LLC. He spoke to Reuters last week on the sidelines of an annual credit card industry conference hosted by the publisher, SourceMedia. As in recent years, much of the conference was dominated by discussion about new regulation — from the lingering effects of a sweeping credit card law passed in 2009, to the so-called Durbin amendment to last year’s Dodd-Frank financial reform law. That provision would slash processing fees merchants pay banks every time a customer uses a debit card to buy something. The fee cuts would cost U.S. banks an estimated $13 billion in annual revenues under rules the Federal Reserve proposed in December. U.S. banks are also struggling to grow other sources of revenue, as consumers resist adding to their credit card balances. Revolving consumer credit fell at an annual rate of 4.1 percent, to $794 billion, in February, according to Fed data. Now banks are increasingly looking to new technology, such as mobile phone and ecommerce payments, to grow businesses in developing countries where people do not regularly use credit and debit cards. Citigroup and American Express Co executives emphasized those opportunities at the conference, using their keynote speeches to discuss new types of payments technology instead of regulation. “We need to figure out ways in which we can grow our business in a way that aligns with what Durbin’s rules are,” former Citigroup credit cards chief Paul Galant, who now runs a new payments group for the bank, told Reuters in an interview. “The cards businesses are incredibly vibrant and power virtually all of us today. These businesses are not going to disappear because of a single law.” CLOUDS CLEARING The Fed was supposed to finalize its rules on debit fee limits a week before the conference, but said in March it needed more time to sort through an overwhelming number of comments on its proposals. The delay has given some bankers and credit card executives hope a broad industry campaign in Washington to repeal or delay the debit fee cuts will ultimately be successful. Opponents of the crackdown are pushing for a vote soon on a proposal from Senator Jon Tester that would delay the rule for two years. While “the odds are looking better for a DC fix, I don’t think it’s something that can be relied upon by the industry, because there are so many procedural hurdles” in Congress, Morgan Stanley analyst Adam Frisch said during a panel discussion at the conference. Key Republican lawmaker Representative Spencer Bachus urged hundreds of small U.S. banks on Monday to “slay the dragons” when they battle Congress over the debit fee crackdown. The debit card fee restrictions are only part of a slew of regulation affecting the payments industry since 2009. A sweeping credit card law passed that year restricted the fees and interest rate changes that lenders could levy on their customers. The Dodd-Frank law of last year also created a new consumer financial protection bureau that is expected to further scrutinize consumer lending practices. Yet the atmosphere — and attendance — at the annual conference was the sunniest in years. About 750 bank employees, consultants and vendors descended on the Fontainebleau resort in Miami Beach, sipping pineapple-flavored water and sharing post-panel cocktails on a patio overlooking the ocean. The crowd included employees of Bank of America Corp, JPMorgan Chase, Citigroup, American Express, MasterCard Inc and Visa Inc, as well as other large U.S. lenders and networks. It was the conference’s best attendance since 2008, when consumers started losing their jobs — and stopped paying credit card bills — in record numbers. As losses surged during the financial crisis, few lenders could afford either the expense or the reputation of sending employees to hobnob at a beach resort with the size and opulence of a French chateau. But last week those employees were eager to talk about new business — and to trade tips for recouping the revenue losses of whatever regulations are finalized. Banks, including JPMorgan Chase and Bank of America, have already started discontinuing perks on debit cards or added fees to checking account services that were once free. As one conference attendee said, the industry is no longer focusing just on how to stop regulations: “Now it’s, ‘How do we get around it?’” The shares of the top six credit card lenders were mixed on Monday, with American Express shares closing up about 1.2 percent and Citigroup closing down about 2.2 percent. (Reporting by Maria Aspan; editing by Andre Grenon) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Florida GOP To Rick Scott: We Won’t Vote For Anti-Union Bill

April 28, 2011

The story has been updated. WASHINGTON — A controversial bill targeting public unions in Florida appears headed for failure, despite a last-minute lobbying effort by Republican Gov. Rick Scott (R). The legislation, SB 830 , would prohibit state and local governments from automatically deducting union dues from employees’ paychecks. Union members would also have to give written consent before their dues are used for political purposes. According to a report in the Miami Herald , Scott made rare personal visits to the offices of four Republican state senators and pleaded with them to support the measure on Wednesday. All of them, however, were unpersuaded. “I’m a conservative Republican,” said Charlie Dean, one of the senators who met with Scott. “I support the governor and I support the president and speaker. But I also reserve the right somehow to make up my own mind.” Dean aide Kevin Sweeny further told The Huffington Post that the senator objected to the fact that the bill only singles out public employee unions for making automatic paycheck deductions. Indeed, in Florida, there are 364 groups or agencies that can take money out of employees’ wages for charitable donations, life insurance, taxes and other deductions. Thrasher’s bill, however, focuses only on union dues. “[Sen. Dean's] main objections are that he doesn’t believe it’s his money to say; it should be left alone,” said Sweeny. “What he would really like to see is if we’re going to take away the option for the state to take the money out of the checks, we should do it across the board.” After meeting with Scott, one of the other GOP senators, Miguel Diaz de la Portilla, said of the bill , “It creates division and turmoil, and doesn’t create jobs.” In an interview with The Huffington Post, state Sen. Rene Garcia (R) confirmed that he met with Scott on Wednesday and reiterated that he would be opposing the bill. He said he had heard from many of his constituents who were union members and wondered why the legislature was targeting them rather than going after all automatic deductions. “If we weren’t a right to work state, I might have been more inclined to vote for it,” he said. “But this is a right to work state, and people aren’t forced to join a union. People can opt in and opt out of a union whenever they want. That’s my main reason for voting against this bill.” Lane Wright, Scott’s press secretary, explained in an email to The Huffington Post that Scott supports SB 830 “because he believes union workers should have a right to know how their union dues are being spent.” Labor unions have been actively organizing against SB 830, as well as an executive order by Scott that would mandate random drug tests of state employees and a proposal to privatize Medicaid. A Florida labor official told The Huffington Post that GOP legislators were hesitant to tie themselves to Scott’s controversial bill, in light of the governor’s rapidly declining poll numbers . “There’s a group of concerned Republican legislators who have heard from their constituents that they don’t like this,” the source added. “This is not creating jobs. The governor is wildly un-liked. His poll numbers are absolutely atrocious.” The bill’s sponsor, state Sen. John Thrasher (R) did not return a request for comment. SB 830 was on the legislative calendar on Wednesday but delayed for supporters to shore up votes. It’s also on the calendar for Thursday, although it’s not expected to move anywhere without significant changes. “This legislation is, at this point in time, for all intents and purposes, completely stalled,” said the labor official. “We won’t call it dead, simply because there is a Republican supermajority. For that matter alone, I won’t call anything dead until the gavel goes down on the final day of the legislature.”

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Vivian Diller, Ph.D.: Boomers Supporting Boomerang Children: A Positive Trend?

April 23, 2011

When your grown-up kids drop by to visit, do they still come with bags of laundry? How often do they leave with bags of leftovers — and maybe even a bit of cash — alongside their neatly folded, clean clothes? According to a recent Reuters report , there are many Baby Boomer parents in this country who are supporting their adult kids in lots of ways, with moms being the go-to person 60 percent of the time when offspring run into economic problems. The report was based on an online survey in Florida conducted by a research firm called Kitchen’s Group. They found that “of women with children over age 18, nine percent said they had adult children living back home for indefinite periods. Twelve percent were primarily responsible for their adult child or children’s financial well-being and 31 percent said they had children who returned home, relied on them but expected to become independent.” Although parents are not legally obliged to support children over the age of 18 (and in years past, few parents did), and although 86 percent of the Boomer moms in the survey were financially independent by the time they were 25 years old, it is clear that many parents today will do what they can to help their adult children. AARP confirms this new trend, saying the stats from the smaller Florida survey are in line with their own larger ones, which have shown that 69 percent of their members currently provide some level of financial support to their adult children. So what are the reasons behind this cultural shift? Is it a positive trend indicating that more young adults feel free to seek support from their parents as they struggle to establish themselves in their careers? Does it suggest greater closeness between moms and their kids, a kind of intimacy that was less common in previous generations? Or is it less positive, indicating an increasing over-dependence by children on their parents and vice versa? Perhaps, more worrisome, does it reflect a reluctance among 20-somethings to stand on their own two feet, resulting in a culturally induced laziness enabled by Boomer parents? High Unemployment The most apparent reason for young adults taking longer to become financially independent is clearly the current state of our economy. The Millennial generation reached their 20s just as the stock market crashed and a global economic downturn began. They entered the workforce as unemployment was rising, jobs were being eliminated and a college degree no longer ensured career opportunities. For many, moving back home or asking for financial help gave them the option to pursue unpaid internships, seek further schooling or simply wait out the recession. Although most of these young adults say that they would prefer to live on their own and be financially independent, when their parents offer help, most take it. Some have little choice. Others want to maintain the kind of lifestyle they were used to — or feel entitled to — and hope to avoid taking jobs they believe are beneath them. And parents go to great lengths to help meet their children’s wishes. One financial website writes that “mothers and fathers don’t always plan to be paying for their child’s expenses” after they reach the age of adulthood and find themselves filing for bankruptcy as they accumulate debt trying to help their kids become independent. Empty Nest vs. “Empty Next” Consider, too, that requests for financial help by adult children tap into the already existing ambivalence many Boomer mothers feel about this phase of their lives. Moms who have spent their 20s, 30s and 40s caring for their children feel pulled in opposing directions as their midlife approaches — to hold on or move on. While they may begin preparing for their years ahead without children and even look forward to spending more time on themselves, there continues to be a strong pull to hold on to what is familiar — the full house, even if messy bedrooms and empty fridges are left behind. Instinctively, many Boomer moms yearn for (or can easily be lulled back into) their role as caretaker — the go-to person. Being needed helps some women maintain their sense of purpose just as they face fears about becoming invisible, both physically and emotionally. (I like to call this phase the “empty next,” so that women focus less on losing their nest and more on what can come next; see chapter seven in my book, ” Face It; What Women Really Feel As Their Looks Change .”) Supporting children during this time can be viewed by some women as fulfilling, even if at the same time it financially drains them. New Family Structure Then there’s the fact that in the last 20 years, our family structure has become a great deal more child-centered, even as those children become full-fledged adults. No longer is Dad at the head of the table as Mom serves the meals and tells the children to go off to play quietly — think “Father Knows Best” being replaced by the kind of gatherings in “Brothers and Sisters.” Not only is the family dinner a thing of the past, but most mealtimes, weekends and vacations are now oriented around the kids’ activities: soccer practices, ballet classes, tutors, camps and other extra-curricular interests. Often both parents work, some even taking on extra jobs or second mortgages, just to finance their kids’ active and enriched lives. With children growing up assuming that parents will make these kinds of sacrifices, it isn’t surprising that they expect them to continue right through adulthood. Helicopter parenting can lead to overly dependent children who are loathe to give up their hovering but supportive families. We have to ask ourselves whether the wonder years have become the wander years, with too many young people ultimately lost because they were coddled too long. Generational Differences That Boomers remember their young adulthood differently isn’t difficult to understand. These women were raised by post-depression parents who emphasized the importance of financial self-reliance. Boomer women were also pioneers of the feminist movement. Economic success was not only about financial security, but served to ensure that they would avoid the dependency their mothers felt on men. These moms were among the first to break many of the glass ceilings that their Millennial children now take for granted. The result? Young adults today — especially 20-something women — view financial dependence neither as a failure nor as a betrayal of their political beliefs as many of their mothers might have. They are less embarrassed about what they see as a temporary and transitional stage. And since some of these moms wrestle with residual regret having pursued careers while leaving kids at home, indulging them now can meet needs all around — relieving moms of their guilt while helping out their grown children No doubt, the statistics indicating that more Boomer mothers support their adult kids reflect complicated psychological and cultural issues. And this recent Reuter’s report doesn’t even begin to explore the father’s role in this family dynamic. Is it possible that moms are the go-to person, viewed as having a softer touch, while dads are the go-away ones, more likely concerned about money matters? Are fathers hesitant to offer support because they worry that it will foster dysfunctional dependency? Do different attitudes about this issue contribute to marital problems in addition to financial stress at midlife? Maybe more importantly, given that many Baby Boomers have not planned for their own personal and economic futures, this trend raises questions about the long-term impact on how it will all work out in the end — for parents and children alike. We can all benefit from a better understanding of this cultural phenomenon. What do you think about adult children being financially supported by their moms or dads if they are in the position to help? * * * * * Vivian Diller, Ph.D. is a psychologist in private practice in New York City. She has written articles on beauty, aging, media, models and dancers. She serves as a consultant to companies promoting health, beauty and cosmetic products. ” Face It: What Women Really Feel As Their Looks Change ” (2010), written with Jill Muir-Sukenick, Ph.D. and edited by Michele Willens, is a psychological guide to help women deal with the emotions brought on by their changing appearances. For more information, please visit www.VivianDiller.com . Continue the conversation by following Dr. Diller on Facebook (at facebook.com/Readfaceit ) and on Twitter.

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Florida Homestead Law Group Hires Expert Paralegal Supervisor

April 22, 2011

John Stockton Joins Florida Homestead Law Group Team

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Obama Administration Looks To Ease Pain Of Medicare Cuts

April 19, 2011

WASHINGTON — Millions of seniors in popular private insurance plans offered through Medicare will be getting a reprieve from some of the most controversial cuts in President Barack Obama’s health care law. In a policy shift critics see as political, the Health and Human Services department has decided to award quality bonuses to hundreds of Medicare Advantage plans rated merely average. The $6.7 billion infusion could head off service cuts that would have been a headache for Obama and Democrats in next year’s elections for the White House and Congress. More than half the roughly 11 million Medicare Advantage enrollees are in plans rated average. In a recent letter to HHS Secretary Kathleen Sebelius, two prominent GOP lawmakers questioned what they termed the administration’s “newfound support” for Medicare Advantage. The shift “may represent a thinly veiled use of taxpayer dollars for political purposes,” wrote Sen. Orrin Hatch of Utah and Rep. Dave Camp of Michigan. Camp chairs the House Ways and Means Committee, which oversees Medicare. Hatch is his counterpart as ranking Republican on the Senate Finance Committee. Seniors are among the deepest skeptics of the new health care law. A recent AP-GfK poll found that 62 percent disapprove of Obama’s handling of health care, as contrasted with 52 percent approval among Americans overall. The poll also found that seniors are more likely to trust Republicans than Democrats on health. The insurance industry says the bonuses will turn what would have averaged out as a net cut for Medicare Advantage plans in 2012 into a slight increase. The administration says the reason for the bonuses is quality improvement, not politics, and the program will be evaluated as it goes along. “We are looking at whether an alternative payment incentive structure would lead to broader quality improvements across all Medicare Advantage plans, by giving incentives for a broader range of plans to improve,” said Medicare spokesman Brian Cook. Medicare covers seniors and disabled people. About one-fourth of beneficiaries are signed up in Medicare Advantage plans that offer lower out-of-pocket costs and more comprehensive benefits than the traditional program. Some of the heaviest enrollment is in politically contested states, including Florida, Pennsylvania, Ohio, Nevada, Minnesota and Colorado. The health care law cut $145 billion over 10 years from Medicare Advantage, partly to correct a widely acknowledged problem with overpayments to the plans. Those cuts start off modestly in 2012 and build up. Insurers were expected to shift the burden to beneficiaries in the form of fewer services and higher out-of-pocket costs, triggering an exodus back to traditional Medicare. “The net result is that the boat didn’t get rocked,” said independent analyst Dan Mendelson, president of the information firm Avalere Health. “It’s fair to say that (Medicare) could not tolerate dislocation, given the political climate.” But Mendelson also said he agrees with the administration that the new money will get more plans thinking about how to improve quality, if they want to remain profitable. “They are giving the plans training wheels to improve their quality,” he said. The health care law itself tried to soften the impact of Medicare Advantage cuts by providing quality bonuses for highly-rated plans that received four or five stars in a government grading system. Then, in a policy shift quietly completed this month, HHS decided to grade on the curve. Average-quality plans garnering just three or three-and-a-half stars would also get bonuses, although at a lower percentage than top-tier plans. The HHS decision means four out of five Medicare Advantage enrollees are in plans now eligible for a bonus. Under the tougher approach Congress took in the health care law, only one in four would have been in plans getting the extra payments. HHS’ nearly $7-billion bonus program is temporary. In 2015, the cuts called for in the health care law will kick in again. Still, the episode could be an early sign that Medicare cuts used to finance much of Obama’s coverage expansion for the uninsured will turn out to be politically unsustainable, as have other efforts to impose austerity. For example, Congress has routinely waived cuts in Medicare payments to doctors. A nonpartisan agency that advises lawmakers on Medicare criticized the bonus plan. The Medicare Payment Advisory Commission said it amounts to “a mechanism to increase payments” and its design “sends the wrong message about what is important to the program and how improved quality can best be achieved.” At a time when government is urging health care providers to improve quality and cut costs, the bonus plan “lessens the incentive to achieve the highest level of performance,” commission chairman Glenn Hackbarth wrote to HHS officials. Medicare spokesman Cook disagreed, saying even plans that get two stars will now have an incentive to improve. Medicare has classified the bonuses as a demonstration program, relying on broad legal authority Congress gave the agency to experiment with quality improvements. It’s the costliest demonstration program in Medicare history. The money will come from the Medicare trust fund.

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Gulf Oil Spill: Claims Czar ‘Pleased’ Despite Glitches, Criticism

April 15, 2011

WASHINGTON — Danielle Thomas spends much of her day with the phone to her ear, listening to hard-luck stories about Alabama workers still dealing with the fallout of last year’s Gulf oil spill. Thomas is an attorney with a legal-aid group that’s helping people navigate the sometimes-byzantine compensation process overseen by the Gulf Coast Claims Facility (GCCF), which administers payouts from BP to workers and business owners affected by the disaster. Nearly a year after the spill, she says a lot of Alabamians are still adrift and waiting for their checks. “These people are still really, really hurting,” said Thomas, whose group, Legal Services Alabama, deals with many service-industry employees who were stung by a drop-off in tourism last summer. “Bills are coming due, or they’re already way past due. They’re borrowing from friends and families. There are people living out of cars with their children. … It’s unbearable for people.” The explosion of the Deepwater Horizon rig last April 20 ushered in a torrent of litigation and a massive, $20 billion compensation program. According to GCCF’s most recent figures, the fund has paid out nearly $4 billion on some 300,000 claims thus far. Kenneth Feinberg, the well-known mediation lawyer the White House appointed administrator of the GCCF, says he’s pleased with his team’s progress. Still, lawyers helping claimants say many have gotten bogged down in the program’s bureaucracy. “I’m doing my best,” said Feinberg, who ran the September 11th Victim Compensation Fund as well. “The program is not perfect, but I think we are achieving what BP and the administration wanted to see done.” A $20 billion payout scheme doesn’t come without a few hitches. Many claimants argue that the methodology for compensation is too rigid, gauged as it is on workers’ past wages rather than what they expected for 2010 and beyond. They also claim the system can be too arbitrary, with some claimants waiting on money when their colleagues, who seemed to work in the same capacities and at similar wages, have already received their checks. And some say the process is simply taking too long. According to Thomas, in some cases claims that were supposed to be processed within 90 days have sailed past the 110-day mark, putting already-strapped claimants in a jam. “With the sheer magnitude of the claims, you’re going to have some delays,” Feinberg said, adding that many of the claims have insufficient documentation. “I do not agree with the criticism that the program is not processing claims.” Feinberg has withstood some withering criticism from residents at town hall meetings, and he’s taken shots from a number of Gulf-area politicians whose constituents are calling in with woeful tales of stalled cases. Sen. Richard Shelby (R-Alab.), hardly the harshest of Feinberg’s critics, told The Huffington Post, “We continue to hear from Alabamians frustrated with the opaque and seemingly ever-changing compensation guidelines.” Mississippi Attorney General Jim Hood, who in legal briefs and news reports has blasted what he sees as a lack of transparency, recently filed a motion asking that a federal judge step in and audit the process. Hood also said that a recent bump in the money BP pays to Feinberg’s firm — from $850,000 to $1.25 million per month — “speaks volumes” about Feinberg’s role in the process. Feinberg, in response, said the comment “almost rises to the level of defamation.” “Mr. Feinberg is in over his head,” Hood told HuffPost. “With 9/11, that was a finite number of people. This is a massive undertaking.” Hood says that during a recent string of town hall meetings claimants complained to him that they were getting lost in continual requests from the GCCF for documentation on their earnings. “They’re leading people on and not paying claims,” Hood said. “They can make the rules up as they go.” One of the most contentious issues in the claims process has been the so-called “quick payment.” In such cases, the fund will promptly dole out $5,000 to individuals and $25,000 to businesses if the parties relinquish their right to sue for further damages. Some lawyers believe that claimants are being steered by GCCF claims processors toward these payments — something Feinberg has steadfastly denied. Legal-aid lawyers like John Jopling, whose Mississippi Center for Justice has heard from 535 claimants asking for help, worry that some workers are accepting quick payments out of desperation when they could have more money coming their way down the road. “Why would you [accept] that,” Jopling asked, “unless your circumstances were such that you needed money so badly that you’d forgo any scientific evidence of what the safety or seafood issues were and just cash in.” “The problem is people need the money now,” said Sister Mary Ellen Lacy, who has been assisting claimants in Bayou La Batre, Ala. “They’re more apt to take the quick pay,” which comes in 14 days. Feinberg, however, believes people tend to take the quick payment for one of two reasons: Either they received an emergency payment last year and feel “adequately compensated” already, or they simply lack the proper documentation to prove further damages. If people were being pushed into quick payments, “you would think there would be a flood of citizen complaints in the Gulf,” he said, “and we haven’t seen that.” Lacy says many people haven’t received checks because of lost or insufficient documentation, and a lot of the confusion is due to the fact that it’s “just a huge, huge operation.” She added, “I’ve seen people who feel they got treated right… but I’ve seen predominantly people who are still struggling with how to make sense of it all.” Another common complaint has been a perceived capriciousness in the handling of claims. There are cases that have baffled some lawyers. “There are inconsistencies in the results, despite similar or identical facts,” said Jopling. “Even people at the same place, with the same employer and the same function. Seven of them got their claim accepted, four got their claim denied. Why?” In some cases, the claims problems are simply logistical. Members of the Gulf’s considerable Southeast Asian fishing community complain that there aren’t enough claims agents who speak their languages. David Pham, who works for BPSOS, a Vietnamese advocacy group with an office in Bayou La Batre, says his group’s claimants from Southeast Asia are being funneled toward the one claims agent in the area who speaks Vietnamese. Many of those claimants — who are shrimpers, oystermen, and workers from the local seafood-processing plants — have to find their own translators to get them through the process. Pham says he’s also uncomfortable with the quick-payment element. “We’re afraid they’re just going to accept it,” said Pham, who estimates only about half of the area’s seafood plants have re-opened. He says most of the locals feel strapped, particularly after the winter off-season. “No one’s getting paid right now. Everyone’s been idle. Some did go back to work but it’s limited what you can do. You’ve got to wait for the trucks from Texas and Florida to bring in oysters.” Thomas, the attorney at Legal Services Alabama, says she’s now handling around 100 claims cases, with at least three new ones coming across her desk each day. Some people merely have simple questions; others have complicated cases that won’t be resolved soon. A lot of the claimants come from the Gulf Shores area, where they worked in restaurants and hotels, and now the emergency money they received from the fund last year has run out. “A lot of the jobs they depended on are gone,” said Thomas. “But the bills don’t stop coming.”

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Foreclosure Foul-Up Wins Florida Man a Free Home

April 14, 2011

Amid all the foreclosure horror stories, every now and then we hear about a good outcome, whether it’s by winning a lawsuit through a homestead loophole, because the lender didn’t properly serve the owners, or because it doesn’t really own the mortgage. Or in the case of one underwater Florida homeowner once facing foreclosure, the bank is simply walking away. The house is his, free and clear.

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Society of Chest Pain Centers Names Wilbert D. Mick III as Chief Executive Officer

April 13, 2011

DUBLIN, OH–(Marketwire – Apr 13, 2011) – The Society of Chest Pain Centers ( www.SCPCP.org ), an international nonprofit focused on improving care for cardiac patients , announced that Wilbert D. Mick III of Clearwater, Florida will join the Society as the organization’s new Chief Executive Officer. Mr. Mick brings vast experience in the cardiovascular arena. As a veteran healthcare executive with over 20 years experience in senior level management positions, he will lead the Society as they continue to grow both nationally and internationally.

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Citi Ordered To Pay Back Investors For Bad Muni Securities

April 12, 2011

NEW YORK, April 12 (Joseph A. Giannone) – An arbitration panel ordered Citigroup Inc (C.N) to pay a group of investors $54.1 million for losses from municipal securities funds that cratered between 2007 and 2008, the biggest award yet involving the funds in a long series of legal claims against the bank. Three investors — Gerald Hosier, Brush Creek Capital and Jerry Murdock — filed in June 2009, seeking $48.2 million of damages plus other relief related to their losses on three municipal bond arbitrage funds and three ASTA Finance funds sold by Citigroup Global Markets brokers. The ruling, entered Monday, said Citi must pay nearly $34.1 million in compensatory damages. The panel also ordered the bank to pay $17 million in punitive damages, $3 million in lawyer fees and about $80,000 in other costs for an arbitration process spanning 23 hearing sessions since last October. “We are disappointed with the decision, which we believe is not supported by the facts or law, and we are reviewing our options,” Citi spokeswoman Danielle Romero-Apsilos said in an emailed statement. Citigroup sold a series of funds through an entity called MAT Finance LLC; MAT stands for municipal arbitrage trust. These funds borrowed at low short-term rates and invested proceeds in longer-term muni bonds. The strategy backfired when credit markets broke down in 2007, leaving investors with losses of as much as 80 percent. These funds, which were marketed as alternatives to municipal bond funds, are the subject of a U.S. Securities and Exchange Commission probe, and have cost Citi dearly across a number of recent rulings. In February, a Florida panel awarded an investor $6.4 million, which until now was the largest award related to these funds, plaintiff lawyers said. Craig McCann of Securities Litigation and Consulting Group, a firm that provides expert witness testimony for investor litigation, said Citi customers have so far prevailed in 12 out of 13 Citigroup MAT cases and have recovered $70 million. Citi’s shares were up a penny at $4.54 in afternoon trade. There is no guarantee the panel’s decision will be final. Citigroup last fall lost a high-profile case to Larry Hagman, the actor who played J.R. Ewing in the 1980s TV show “Dallas,” and was ordered to pay over $11 million in damages. But the award was appealed by the bank and thrown out in February by a California state judge. That decision has been appealed by Hagman, whose lawyers also represented the Hosier investor group. Hosier is an intellectual property lawyer and a managing partner of Brush Creek, a family investment firm. Murdock is a founder of New York investment firm Insight Venture Partners. (Reporting by Joseph A. Giannone; Editing by Lisa Von Ahn and Gerald E. McCormick) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Gulf Officials Spend Millions Of BP’s Money On Items Unrelated To Oil Spill

April 11, 2011

NEW ORLEANS — In the year since the Gulf oil spill, officials along the coast have gone on a spending spree with BP money, dropping tens of millions of dollars on gadgets, vehicles and gear – much of which had little to do with the cleanup, an Associated Press investigation shows. The oil giant opened its checkbook while the crisis was still unfolding last spring and poured hundreds of millions of dollars into Gulf Coast communities with few strings attached. In sleepy Ocean Springs, Miss., reserve police officers got Tasers. The sewer department in nearby Gulfport bought a $300,000 vacuum truck that never sucked up a drop of oil. Biloxi, Miss., bought a dozen SUVS. A parish president in Louisiana got herself a top-of-the-line iPad, her spokesman a $3,100 laptop. And a county in Florida spent $560,000 on rock concerts to promote its oil-free beaches. In every case, communities said the new, more powerful equipment was needed to deal at least indirectly with the spill. In many cases, though, the connection between the spill and the expenditures was remote, and lots of money wound up in cities and towns little touched by the goo that washed up on shore, the AP found in records requested from more than 150 communities and dozens of interviews. Florida’s tourism agency sent chunks of a $32 million BP grant as far away as Miami-Dade and Broward counties on the state’s east coast, which never saw oil from the disaster. Some officials also lavished campaign donors and others with lucrative contracts. A Florida county commissioner’s girlfriend, for instance, opened up a public relations firm a few weeks after the spill and soon landed more than $14,000 of the tiny county’s $236,000 cut of BP cash for a month’s work. The April 20 explosion on the Deepwater Horizon rig in the Gulf of Mexico killed 11 workers and spawned the nation’s worst offshore oil spill. As BP spent months trying to cap the well and contain the spill, cities and towns along the coast from Louisiana to Florida worried about the toll on their economies – primarily tourism and the fishing industry – as well as the environmental impact. All told, BP PLC says it has paid state and local governments more than $754 million as of March 31, and has reimbursed the federal government for another $694 million. BP set few conditions on how states could use the money, stating only that it should go to mitigate the effects of the spill. The contracts require states to provide the company with at least an annual report on how the money has been used, BP spokeswoman Hejdi Feick said. But it’s unclear what consequences, if any, the states could face if they didn’t comply. Some of the money BP doled out to states and municipalities hasn’t been spent yet, but the AP’s review accounts for more than $550 million of it. More than $400 million went toward clear needs like corralling the oil, propping up tourism and covering overtime. Much of the remaining chunk consists of equally justifiable expenses, but it’s also riddled with millions of dollars’ worth of contracts and purchases with no clear connection to the spill, the AP found. William Walker, executive director of the Mississippi Department of Marine Resources, said it’s clear now that communities bought more equipment than they wound up needing. But he doesn’t regret handing out BP’s money freely. “At the time we were making these decisions, there were millions of gallons of oil going into the Gulf of Mexico with no clear idea when it would stop,” Walker said. “We didn’t wait. We tried to get (grant money) into circulation as quickly as possible. We didn’t have any extra time. We needed to move when we moved.” ___ When oil from the ruptured Macondo well began to lap at Louisiana’s marshes, BP deployed an army of workers to sop it up and hired contractors who specialize in disaster cleanup. Even with BP and the federal government taking the lead, many communities weren’t content to rely on equipment they had before the spill. Lafourche (luh-FOOSH’) Parish President Charlotte Randolph billed BP for an iPad, saying she needed it in addition to her parish-paid Blackberry to communicate with staff and other officials during the crisis. But she didn’t buy the iPad until Aug. 26, a month and a half after the well was capped and several weeks after the federal government said much of the oil had been skimmed, burned off, dispersed or dissolved. “Just because it wasn’t streaming from the well any longer doesn’t mean it wasn’t approaching our shore,” Randolph told the AP. “My work is very important. Perhaps one day you could follow me somewhere and learn what my work involves. I must be in contact at all times.” Lafourche Parish spokesman Brennan Matherne, who bought a new Dell laptop and accessories for $3,165, said working on the spill had worn out the computer he got just a year earlier for $2,700. Biloxi, home to a strip of casinos overlooking the Mississippi Sound, bought 14 sport utility vehicles and pickup trucks, two boats, two dump trucks and a backhoe loader with its $1.4 million share of BP grant money. Mayor A.J. Holloway, who drove a city-owned 2006 GMC Yukon before the spill, now has one of the vehicles the city purchased with the BP grant – a black 2011 Chevy Tahoe 1500 LT that cost more than $35,000. The city’s public works director and chief engineer also are driving SUVs bought with BP money. Holloway declined to answer questions about his new vehicle. City spokesman Vincent Creel said the mayor has used it to travel to “countless meetings” about the spill and to gauge the city’s response with his own eyes. “The mayor also uses the vehicle in the normal course of his duties, just as other BP equipment is used in the course of day-to-day business,” Creel wrote in an email. Walker, the state official, said he didn’t know about the mayor’s use of the vehicle but doesn’t object. Some Mississippi communities took a conservative approach in using their share of the money. Bay St. Louis received $382,461 to buy safety vests, street barricades, radios and other gear, but decided against buying a vacuum truck or other expensive equipment. City Clerk David Kolf said local officials trusted BP’s word it would handle all the cleanup, so they didn’t see a need to buy a “bunch of new toys.” “They had a lot of heavy equipment already staged here,” he said. “We don’t have the training. We don’t have the personnel.” ___ Florida, Louisiana, Mississippi and Alabama each got an initial $25 million from BP, followed by the array of payments for tourism marketing, seafood monitoring and cleanup programs. More than $300,000 of BP money went to Kenny Loggins, the Doobie Brothers and Lynyrd Skynyrd for a pair of rock shows to promote the state’s oil-free beaches; BP shelled out another $260,000 in concert-related costs. In Alabama, the state Emergency Management Agency distributed $30 million to local governments without rejecting a single request. Mississippi gave money to 14 counties and cities along the coast, which was dotted with tar balls but never saw the heavy bands of oil that choked south Louisiana’s marshlands. In early August, after the well was capped and the oil threat seemed to abate, the state instructed counties and cities to stop spending BP’s money without prior approval from state officials. “We were trying to make the change from protection to restoration and recovery, and that’s where we are now,” Walker said. Louisiana doled out its initial $25 million to state agencies, including $10 million for the attorney general’s office to devise its legal case against BP and the companies involved in the spill. State agencies spent nearly $9 million more on equipment, including boats, air monitoring units, mobile radios and life vests. Local government leaders in Louisiana were left to lodge their requests for money directly with BP. Gov. Bobby Jindal’s top budget adviser, Paul Rainwater, said the state’s deal with BP specified that the money Louisiana got wasn’t meant to replace anything that was supposed to go to the parishes. Blue-collar Plaquemines Parish, which has absorbed some of the spill’s worst environmental damage, has received slightly more than $1 million in BP money, of which $998,405 went to cover oil-related overtime and other payroll expenses. “I didn’t run up bills. I treated their money like I treated our own,” said Plaquemines Parish President Billy Nungesser, an outspoken critic of BP and the federal government’s response to the spill. “Maybe down the road I’ll look and say we should have stockpiled.” ___ When BP was heavily under attack from the top down for its response to the rapidly growing environmental disaster, the company started throwing huge sums of money at the problems it had in the water and on land. Cutting checks to governments along the coast addressed both issues, even if it meant waiting until later to figure out details like how officials would have to account for the cash. “We recognized the importance of getting funding to the states, parishes and counties quickly, and therefore provided advance funding to help kick start their emergency response,” Feick, the BP spokeswoman, said in an email. The payments to governments gave BP the kind of good PR it desperately needed, said Daniel Keeney, president of a Dallas-based public relations firm. By giving money to communities and allowing them to spend it largely as they saw fit, BP also put a buffer between itself and any questionable spending. “Whether the funds could be perceived as being wasted or not really reflects on the organization accepting the money rather than BP,” Keeney said. Louis Skrmetta, one of the tens of thousands of business owners and individuals still waiting to get a share of a $20 billion claims fund established by BP, finds the state and local governments’ spending galling, even if it’s almost all BP’s money. Skrmetta runs a three-boat fleet that has a contract with the National Park Service to ferry day trippers to Ship Island, a recreation area about 10 miles offshore from Gulfport, Miss. He can’t understand why BP paid so much to governments while businesses were suffering. “I didn’t think there was much logic in it,” Skrmetta said. “Now, looking back in retrospect, it was a way to win over politicians, a way to win over the media.” In February, BP asked Louisiana parishes that received up to $1 million in advance payments in May for a detailed summary of how that money has been spent. Parishes were warned they must exhaust the advance money before they can make any new claims. Some parishes, however, have banked that money and already billed BP for expenses on top of it. Terrebonne Parish says it hasn’t spent any of its $1 million advance, yet BP has paid it an additional $927,842, mostly for contractors and payroll costs. Parish President Michel Claudet said he isn’t concerned that BP will try to recover unspent advance money. “The agreement from the beginning was that it was nonrefundable,” he said. ___ The oil spill drove away tourists and sapped tax revenues, but it was a boon for private contractors and consultants. Governments have spent more than $19 million of BP’s money to hire contractors, according to the AP’s review. The Louisiana attorney general’s office has spent $4 million and counting of BP’s money to hire outside lawyers and accountants to help piece together litigation against the company. Five of the seven law firms hired and their attorneys have poured more than $80,000 total into Attorney General Buddy Caldwell’s campaign coffers in recent years. Amber Davis, who lives with Gulf County, Fla., Commissioner Bill Williams, incorporated Statecraft LLC less than a month after oil began streaming into the Gulf. Three months later, Statecraft won a monthlong, $14,468 contract to perform public information and government liaison work for the county of about 15,000 people. Davis, who has worked in marketing and community relations, said she had planned to form her company before the spill. She also had volunteered for the county’s emergency operations center for three months before she was given the contract. “There is a perception of a conflict of interest in just about anything that anybody does,” Davis said. “I guess my statement to that was that I volunteered anywhere from 15 to 18 hours a day for three months and never received a penny.” Williams said he consulted the county attorney and an ethics commission, and neither saw a problem with awarding the contract to Davis. Gulf County awarded an identical one-month, $14,468 contract – this one for monitoring beach pollution – to Florida Eco Services, a company founded days after the rig explosion by Patrick Farrell, whose wife is on the board of the local Chamber of Commerce. Farrell says he has a background in managing and maintaining properties, as well as beach restoration. County Attorney Jeremy Novak, who also is an attorney for Florida Eco Services, said it was a matter of giving business to locals rather than out-of-state contractors. “It sounds like a bias, and it is, but I’m glad people in Gulf County got work and actually had the ability to feed their families,” Novak said. “I don’t see it as profiteering. I see it as obviously doing what you can because what you’re doing for a living isn’t available to you.” ___ Local authorities could have taken even fuller advantage of BP’s largesse had the company or state officials not nixed some requests that had no clear connection to the oil. Police in D’Iberville, Miss., for instance, were denied a $245,000 mobile command unit, a $140,000 hazardous materials vehicle and a $19,000 Harley-Davidson. “If we had to establish barricades, they thought it would be more maneuverable,” City Manager Michael Janus said of the motorcycle. “It was a bit of a reach, obviously.” Although BP footed the bill for other pricey acquisitions, some officials concede they may have to use taxpayer money to maintain them. The Louisiana Department of Wildlife and Fisheries spent $5 million for 22 boats and the accompanying trawls, nets and hauling vehicles. “Nobody asked me for a space shuttle or anything,” said Wildlife and Fisheries Secretary Robert Barham. BP money will cover the costs of maintaining the vessels, leasing dock space and buying fuel for at least three years, he said. Whether taxpayers will be forced to pick up these costs after that hasn’t been decided. “They don’t run for free,” Barham said. ___ Schneider reported from Orlando, Fla. Deslatte reported from Baton Rouge, La. AP videojournalist Jason Bronis in Gulfport, Miss., and Associated Press writers Holbrook Mohr in Jackson, Miss., Brian Skoloff in Ocean Springs, Miss., and Harry Weber and Troy Thibodeaux in New Orleans contributed to this report.

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Two More Bank Failures

April 9, 2011

WASHINGTON — Regulators on Friday shut down small banks in Illinois and Nevada, lifting the number of U.S. bank failures so far this year to 28 after 157 succumbed in 2010 to the gutted economy and mounting bad loans. The Federal Deposit Insurance Corp. seized Western Springs National Bank and Trust, in Western Springs, Ill., with $186.8 million in assets and $181.9 million in deposits. It also closed Las Vegas-based Nevada Commerce Bank, with $144.9 million in assets and $136.4 million in deposits. The failures of Western Springs and Nevada Commerce are expected to cost the deposit insurance fund $31 million and $31.9 million, respectively. Heartland Bank and Trust Co., based in Bloomington, Ill., will assume the assets and deposits of Western Springs National Bank. Los Angeles-based City National Bank is taking over Nevada Commerce Bank. The FDIC and Heartland Bank and Trust will share losses on $100.8 million of Western Springs’ loans and other assets. It will share losses on $111.1 million of Nevada Commerce Bank’s assets with City National. Illinois has been one of the hardest-hit states for bank failures. Sixteen banks were shuttered in the state last year. The shutdown of Western Springs National Bank was the fourth bank failure in Illinois this year. California, Florida and Georgia also have seen large numbers of bank failures. The 157 bank closures last year topped the 140 shuttered in 2009. It was the most in a year since the savings-and-loan crisis two decades ago. The FDIC has said that 2010 likely would mark the peak for bank failures. Already this year the pace of closures has slowed: By this time last year, regulators had closed 42 banks. The 2009 failures cost the insurance fund about $36 billion. The failures last year cost around $21 billion, a lower price tag because the banks that failed in 2010 were smaller on average. Twenty-five banks failed in 2008, the year the financial crisis struck with force; only three were closed in 2007. The growing number of bank failures has sapped billions of dollars out of the deposit insurance fund. It fell into the red in 2009, and its deficit stood at $7.4 billion as of Dec. 31. The number of banks on the FDIC’s confidential “problem” list rose to 884 in the final quarter of last year from 860 three months earlier. The 884 troubled banks is the highest number since 1993, during the savings-and-loan crisis. The FDIC expects the cost of resolving failed banks to total around $52 billion from 2010 through 2014. Depositors’ money – insured up to $250,000 per account – is not at risk, with the FDIC backed by the government. That insurance cap was made permanent in the financial overhaul law enacted in July.

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CalPERS Hopes Canyon Can Work Some Magic on its CalSmart CRE Portfolio

April 6, 2011

The California Public Employees’ Retirement System (CalPERS) is planning to transfer management of its CalSmart real estate portfolio from RREEF to Canyon Capital Realty Advisors LLC. The portfolio, which had a market value of $570 million on Dec. 31, 2010, consists of 11 office, industrial and apartment properties in San Francisco, Chicago, Florida and southern and northern California. The transfer would be part of the fund’s broad strategic realignment…

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CalPERS Hopes ‘Magic’ Can Work Some On its CalSmart CRE Portfolio

April 6, 2011

The California Public Employees’ Retirement System (CalPERS) is planning to transfer management of its CalSmart real estate portfolio from RREEF to Earvin “Magic” Johnson’s Canyon Capital Realty Advisors LLC. The portfolio, which had a market value of $570 million on Dec. 31, 2010, consists of 11 office, industrial and apartment properties in San Francisco, Chicago, Florida and southern and northern California. The transfer would be part of the…

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Raymond Schillinger: Revisiting Florida’s ‘Foreclosure Ground Zero’

April 4, 2011

Last week, I returned to Southwest Florida for the screening of my documentary film, Dreams for Sale: Lehigh Acres & the Florida Foreclosure Crisis , as part of the lineup at the inaugural 2011 Fort Myers Film Festival. The trip was one of mixed emotions. While I was elated to present the film in the area I had originally visited for principal shooting almost 2 years ago, the sobering reality of Lee County’s dismal improvement from the 2006-2008 nadir of the foreclosure crisis tempered my excitement. Lee County, with its numerous sprawling, foreclosure-ridden suburban communities, has been at the unfortunate center of attention ever since the housing boom came to a screeching halt partway through 2006. The area has frequently earned the unwanted title of “foreclosure ground zero,” and it is regularly thrown in with lists of other hard-hit economic fallout zones such as Las Vegas, Phoenix, parts of California, and the upper Midwest. Back in 2009, when shooting Dreams for Sale , a few brave experts were suggesting that the bottom had already been reached and that recovery was just around the corner. And yet, two years later, the economic outlook in the hardest hit areas of the crisis remains grim. Although the national employment rate is beginning to tick upward , regional and local economies that were largely driven by construction and real estate (e.g. Lee County) will likely be last in line to see a measurable improvement. In the meantime, segments of these communities remain veritable ghost towns , with half-built homes and tattered foreclosure notices lining the grids of paved asphalt. Recent statistics are hardly encouraging: nearly 1 in 3 homes in Lee County remain unoccupied , while home prices continue to sink to nearly pre-2000 levels. And although new foreclosure filings are markedly down from their 2008-2009 peak levels, the best reason experts can seem to give for the drop-off is merely that lenders have become more cautious in their filings due to criticism of their due diligence methods. Other experts still warn about a “shadow inventory” of millions of homes and commercial properties that are flirting with foreclosure and could trigger a colossal downward slide in values at any moment. Individual stories of recovery, however, can be found amid the rubble of half-built homes and faded “For Sale” signs. At the screening, I met up with a woman who had recounted her heart-wrenching story on camera back in 2009: back then, she owed over $250,000 on her home and owed thousands more from a failed coffee shop venture. In two years, she finally managed to move out of Lehigh, obtain a well-paying government job and begin to pay down her debts. Other hopeful stories are undoubtedly out there, but the stagnant condition of the overall economy remains troubling. One can only hope that the severity and breadth of the recent bust will give caution to future investors and force us to impose more responsible guidelines and regulations on our financial institutions. Unfortunately, if history is any guide, this almost certainly will not be the case. To watch Dreams for Sale in its entirety for a limited time, visit the official page and select the “Full Version” tab.

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Judges Cracking Down On Banks’ Foreclosure ‘Fraud’

April 3, 2011

Angry and exasperated by faulty foreclosure documents, judges throughout Florida are hitting back by increasingly dismissing cases and boldly accusing lawyers of “fraud upon the court.”

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Rajeev Sharma: America’s Relationship with India: A Source of Security in Times of Turmoil

April 1, 2011

Imagine a country that declares its independence from Great Britain, forges democracy from diversity, enjoys robust economic growth, and emerges as a world power. You’ve just described the United States — and modern India . In the midst of near-double-digit unemployment, many Americans are anxious about any nation that competes for high-skill jobs. But, when it comes to creating jobs, resisting terrorism, and advancing human rights, US — India relations should be regarded as an asset, expectant with opportunity, not a source of anxiety. Now is the time to broaden and deepen this mutually beneficial relationship. Commerce Secretary Gary Locke’s recent trade mission to India highlighted the economic advantages of an alliance between the world’s two largest democracies. Secretary Locke was accompanied by executives from 24 American businesses including small and medium sized enterprises. Building on President Obama’s very successful delegation to India in November, these visits are reaping rewards for American businesses and workers. Having accompanied both President Obama and Secretary Locke on each of their missions, I have personally witnessed their benefit in the increased awareness of and accessibility to US businesses in India. Most importantly, I have witnessed the impact of these trips on my fellow delegates, many of whom were visiting India for the first time, and the realization of their potential in the burgeoning Indian market. During the President’s journey, US companies completed more than $10 billion in business deals, supporting more than 50,000 American jobs at major employers. Following up on these gains, Secretary Locke’s trade mission tackled tough issues, such as tearing down trade barriers in the advanced industrial sector. As these tariffs are reduced or removed, US companies are able to expand their exports to India — and create good jobs here at home — in cutting-edge industries: civil aviation, renewable energy, communications, information technology and defense and security. These trade missions are bearing fruit because India’s fast-growing market is increasingly receptive to American exports. For its first four decades after independence, India’s economy was state-controlled and stagnant and it was considered a more challenging market to enter than China. But, following free-market reforms, including reductions in tariffs and taxes, India’s economy took off at an ever-accelerating rate, most recently growing by 5.5 percent in 2009 and an estimated 9.7 percent in 2010. India now plans for nearly a trillion dollars worth of infrastructure upgrades to its roads, bridges, harbors, water treatment and power plants, opening up opportunities on an unprecedented scale. As I write this, our company’s next generation, plasma gasification waste-to-energy solutions are being commercialized in India, both in thriving metropolitan centers and small villages without access to electricity. We are responding to a sharp growth in demand for power in India and a call by the Indian Government for 14,500 MW of added capacity from renewable sources by 2012. Competing and winning in a free market with US developed Intellectual Property, we are directly benefiting from the closer bilateral relations between the two countries. And our experience is not unique. American exports are growing in tandem with India’s economy, increasing by nearly 170 percent from 2005 through 2009 and amounting to nearly $50 billion in 2010. These exports are in sectors that help build America’s future with well-paying jobs — machinery ($2.3 billion in 2009), aircraft and parts ($2.3 billion), electric machinery ($1.3 billion), and fertilizers ($1.1 billion). Communities in this country with the largest exports to India include California ($2.2 billion) Washington ($1.8 billion), New York ($1.5 billion) and Florida ($1 billion). As exports continue to grow, those benefits will expand both within these communities and to other regions throughout the country. With India’s middle class expected to expand tenfold from 50 million to 500 million over the next 15 years, the potential market for American goods and services is extraordinary — and exponentially increasing. This is especially important because in a Global Attitudes Survey, over 76 percent of Indians responded with a favorable view of the US. This goodwill is an amazing foundation that extends to American products and American culture. But we face unrelenting competition from China, Russia, France, Britain and other rivals who aggressively want to establish dominance in this growing market, too. The prize: hundreds of thousands of high-wage, export-based jobs Our focus must be to innovate, compete and expand into this vast emerging market. Jobs created from an innovation economy provide stability and growth to the US and allay past concerns about issues such as outsourcing. And when domestic industries expand in India, we should recognize opportunity in their success, not view them as an opportunity lost. For example, India’s vaunted software and services industry accounts for about $60 billion in aggregated revenue, and spending in these sectors is forecast to grow over 17 percent per year between 2010 and 2014. In the midst of one of the most competitive markets for software services, our company is gaining traction with its open source, real time situational awareness and Cyber security software solutions both in commercial and government markets. Innovation and pioneering technology are key differentiators in all markets, even those as competitive as India. Innovation is what has distinguished American IP in the past and has to be the foundation for our growth in the future. In addition to the economic benefits, the American relationship with India is principally based on common interests and common values of free markets and trade. Unbeknownst to many, America is reaping the benefits of the newer phenomenon of growing Indian investments in the US. As Ernst and Young recently reported, Indian companies have increased their investments in the US by more than $20 billion over the past five years, supporting more than 65,000 jobs here in the US. That’s not outsourcing that costs American jobs — that’s in-sourcing that creates American jobs. Under Presidents Bush and Obama, our two nations have strengthened our strategic partnership and increasingly aligned our strategic interests; India, for example, is now the sixth largest bilateral aid donor to Afghanistan. Soon celebrating its 65th anniversary, India’s democracy includes free elections, competing parties, lively media, and an independent judiciary. Meanwhile, more than 3 million Indian Americans, including two Governors, contribute to our own country, participating in our democracy and enlivening our economy. At an event at our home last fall, President Obama eloquently discussed the indispensable nature of the US-India relationship in the 21st Century. The President postulated that the US relationship with India is an asset to be developed for the sake of American jobs and American businesses, American interests and American ideals. Americans from all walks of life can and should embrace India not only as a key partner in this recovery, but also as America’s next great ally. Rajeev Sharma is Chief Executive Officer of ABSi, a technology services and solutions company headquartered in Rockville, Md. ABSi also has offices in New Delhi, India.

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Missouri Unemployment Benefits Extension To Be Dropped

March 31, 2011

JEFFERSON CITY, Mo. — Thousands of people in Missouri who have been unemployed for more than a year soon will lose their jobless benefits, marking a significant victory for Republican fiscal hawks who are crusading against government spending. When eligibility ends Saturday, Missouri will become the only state to voluntarily quit a federal stimulus program that offers extended benefits. Michigan, Arkansas and Florida also recently took steps to cut back on money going to the unemployed, although they targeted state benefits instead. “We have to take a stand and say, `When is enough enough?’ and send a message to the federal government, and hopefully shame them into doing the right thing and quit spending money that they don’t have,” said state Sen. Jim Lembke, a Republican from St. Louis. Lembke has led a coalition of four filibustering senators who have blocked legislation necessary to reauthorize Missouri’s participation in a federal program offering long-term unemployment benefits. It’s been a stunning setback for a bill that had passed the Republican-led House 123-14 two months ago and had the support of GOP Senate leaders and Democratic Gov. Jay Nixon. As a result, more than 34,000 unemployed residents in Missouri could miss out on $105 million in benefits over the next nine months. Unlike some other stimulus programs, Missouri’s unclaimed money would not be redistributed by the federal government to other states. It simply would remain unspent. At issue is a provision in the 2009 federal stimulus act that allowed residents in states with high unemployment rates to receive up to 20 additional weeks of federally funded jobless benefits after exhausting the 79 weeks authorized under other federal laws. At least three dozen states, including Missouri, enacted laws to participate. Although their unemployment rates were high enough to qualify, seven other states – Arkansas, Louisiana, Maryland, Mississippi, Montana, Oklahoma and Utah – never passed laws to join in, according to the U.S. Department of Labor. Maryland is now pursuing participation, but many of the other states seem content to remain out of the program. Much like his Missouri counterparts, Utah Senate President Michael Waddoups said the states need to set an example of self-sufficiency. “Somebody has to start pulling back from the federal government somewhere,” said Waddoups, a Republican from Taylorsville. That federal backlash is particularly strong in Missouri, where voters were the first in the nation to pass a measure challenging the new federal health care mandate and where Republican senators also are holding up federal stimulus money for education. Missouri’s unemployment rate has remained above 9 percent for nearly two years. Yet it is poised to become the first state to take the additional federal unemployment money, then later voluntarily stop doing so, according to officials at the federal Labor Department and the National Employment Law Project, a New York-based advocacy group for employment rights that has been urging Missouri to remain in the program. Several other states could have been in the same situation. But the governors of Massachusetts, Michigan and Oregon all signed laws within the past week continuing participation. Michigan’s action came with catch, also cutting state jobless benefits from 26 to 20 weeks starting in 2012. The Florida House has passed a similar state benefits reduction. Arkansas’ legislature this week gave final approval to a bill shaving off one week of eligibility for state jobless benefits. In Missouri, about 10,000 people would immediately be cut off from additional jobless payments, according to the state department of labor. And extended unemployment benefits would be denied to about 24,000 additional residents who otherwise are projected to become eligible. St. Louis resident Peter Gordon, who has been unemployed for a little over a year, is among those who could miss out. A former patient care coordinator at a hearing aid company, Gordon has been searching for jobs over the Internet but said he can’t travel far because he can’t afford to license his car. He fears he could eventually be evicted from his apartment. “They can provide money for government programs to take care of the elite and rich,” Gordon said. “But when it comes to a small person like me – people who are just trying to make ends meet – it seems like the rights are being taken away.” Kimberly Clark, a laid off union organizer, says her post-tax unemployment benefit of $275 a week already is consumed by her rent, utility and phone bills. She’s been searching for work since November 2009, and she’s only a couple of months away from needing the extended benefits that Missouri is poised to reject. “The mentality is we’re just creating a bunch of lazy people, and that is not true,” said Clark, 48 of St. Louis. The National Employment Law Project says its supporters sent 15,000 emails in a roughly 24-hour period from Tuesday to Wednesday urging Missouri senators to allow a vote on the legislation reauthorizing the extended jobless benefits. But Sen. Brian Nieves, a Republican from Washington, Mo., who is popular among tea party activists, said he has no intention of compromising his position. “The people have been crystal clear for about the last two years in saying that they expect us to at least start the process of weaning ourselves off of the federal government,” Nieves said. ___ Associated Press writers Wes Duplantier in Jefferson City, Josh Loftin in Salt Lake City, Brian Witte in Annapolis, Md., Sean Murphy in Oklahoma City, Emily Wagster Pettus in Jackson, Miss., Nomaan Merchant in Little Rock, Ark., Melinda Deslatte in Baton Rouge, La., and Matt Gouras in Helena, Mont., contributed to this report.

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Ohio Funeral Home Stopped From Liquefying Bodies

March 23, 2011

COLUMBUS, Ohio — An Ohio funeral home that is the first in the nation to use a cremation alternative that dissolves bodies with lye and heat has effectively been blocked from using the procedure by state regulators. Edwards Funeral Service in Columbus is the only U.S. funeral business offering the procedure called alkaline hydrolysis to the public, according to Jessica Koth, a spokeswoman for the National Funeral Directors Association. The process is touted by proponents as being better for the environment than cremation. While funeral homes in other states are moving toward the method, Edwards’ owner, Jeff Edwards, told The Columbus Dispatch that he has used the method on 19 bodies since January. But a memo issued last week by the Ohio Department of Health has left Edwards unable to continue using the procedure. The health department’s memo directed local officials not to issue permits required for disposing of bodies or accept death certificates when bodies are to be disposed of through alkaline hydrolysis. Edwards told the newspaper he is considering legal action. “There’s no law that says you can’t do this,” he said. The health department cited a Feb. 16 statement from the Ohio Board of Embalmers and Funeral Directors that alkaline hydrolysis “is not an authorized form of disposition of a dead human body.” The health department directive was based solely on the statement of the board, which advises the department on what methods of disposal are approved, spokeswoman Jennifer House said Wednesday. She said the department has reviewed the process and found that it does not pose any risk to public health. An official with the funeral directors board did not immediately return a message seeking further information. Alkaline hydrolysis was developed in the U.S. in the early 1990s as a means to get rid of animal carcasses and has been used to dispose of human cadavers at the Mayo Clinic in Minnesota and at the University of Florida in Gainesville. Also known as resomation, alkaline hydrolysis uses a solution of water and lye, 300-plus degree heat and 60 pounds of pressure per square inch to destroy bodies in big stainless-steel cylinders. Left behind is a coffee-colored liquid that has the consistency of motor oil and a strong ammonia smell. Proponents say in most cases it can be safely poured down the drain and that, unlike cremation, the process does not involve fossil fuels or emissions. The remaining bone and bone fragments can be ground into a powder and given to a family, similar to the remains left from a cremation, the funeral directors association said. New Hampshire in 2008 reversed a two-year-old law that allowed the process. State lawmakers upheld the ban in 2009. The procedure merely speeds up the body’s natural decomposition process into a matter of hours, James Olson, chairman of the National Funeral Directors Association’s green burial work group, told The Associated Press. Olson said alkaline hydrolysis gives families who’ve lost a loved one another option and said anyone feeling squeamish about the method need only think closely about what’s involved in cremation. “I think burning a body at 2,000 degrees has more of a ‘yuck factor’ to it than putting it into a solution where it’s just naturally going to break down,” said Olson, owner of the Lippert-Olson Funeral Home in Sheboygan, Wis. Olson said his funeral business is relatively small and is not using alkaline hydrolysis because it would not be cost-effective to buy the equipment. The Roman Catholic Diocese of Columbus has not studied Edwards’ use of alkaline hydrolysis, but it would appear that flushing away the liquid would go against church teaching that persons should be handled respectfully after they die, said Deacon Tom Berg Jr., a diocese spokesman. “We don’t call for the separation of a person’s remains, that they should all be kept together and buried together,” he told the AP. ___ Associated Press writer Kantele Franko in Columbus, Ohio, contributed to this story.

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Specialist Joins Growing Ranks of Alliance, CAS to Bring Relief to Struggling Community Associations in Florida

March 22, 2011

HALLANDALE, FL–(Marketwire – March 22, 2011) – The successful team at Alliance, CAS is proud to announce Wendy Murray as Vice President of Business Development. Alliance is a licensed collection company in the State of Florida specializing in the collection of unpaid assessments owed to Community Associations. Collections are their core focus and they have demonstrated success by utilizing their outbound call center in conjunction with their legal department to provide some much needed relief to community associations.

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Robert Kuttner: Brown Shoots

March 20, 2011

As spring dawns, the economy’s green shoots have been trampled once again, first by the economic fallout from Japan’s tsunami, and again by rising worldwide commodity prices. The disruption of Japan’s production revealed the soft underbelly of globalization — the reliance on vulnerable global supply chains only as strong as their weakest link. Rising food and energy prices produce a toxic stew of inflation and unemployment. This depressing news, of course, has political as well as economic consequences. Politically, it means that the incumbent party — Obama’s — faces even tougher going in 2012. Economically, rising inflation makes it that much harder for the Federal Reserve to keep resorting to very low interest rates to levitate a sick economy. At some point, the Fed’s natural inflation-phobia will kick in, even though higher food and energy prices have nothing to do with overheated demand (with unemployment stuck near double digits, demand is still too low, not too high.) But as in the late 1970s, stagnation could turn into stagflation. And the Republicans in Congress are compounding the crisis of prolonged recession and joblessness by slashing everything in sight — throwing more people out of work. Faced with the prospect of having to defend the administration’s performance in an economy of still high unemployment, you might think the White House would be doing everything possible to highlight the Republicans’ responsibility for the weak economy — the perverse budget cuts, the unpopular assault on unions, the direct attack on Social Security. Instead, the president has doubled down on his strategy of “more-bipartisan-than-thou.” As the New York Times ‘ Michael Shear wrote in a smart and skeptical piece last week, “As they prepare to wage political war against President Obama, the potential 2012 Republican candidates are doing everything they can to draw sharp distinctions with him. But Mr. Obama isn’t cooperating. Rather than emphasize his differences with potential Oval Office rivals or Republican adversaries on Capitol Hill, the president is taking every opportunity he can to embrace members of the other party as co-conspirators in his efforts to confront the country’s challenges. According to Mr. Obama, the two parties have cooperated — or are showing signs of being willing to work together — on education reform, tax cuts, energy security, economic growth and potential changes to an entitlement system that has become a drain on the nation’s budget.” This must be occurring in a parallel universe somewhere. Republican collaboration with Obama is certainly not happening on earth. The president and his political advisers are evidently gambling that as the Republican budgeters and GOP presidential contenders grow more reckless and more extreme, he will just look more reasonable and more presidential. Doubling down on bipartisanship did not exactly work in 2010, when the Dems lost 63 House seats, their worst off-year performance in modern times. Because of the Republicans’ sheer extremism, it may work to re-elect the president by a narrow margin in 2012 — but not to rekindle the enthusiasm of the groups that elected him in 2008 as a force for believable change. Presidential elections are won or lost state by state, and you have to wonder how this strategy will rally economically distressed voters to the Democrats in key swing states like Ohio, Pennsylvania, Michigan, Florida, or even Illinois. At best, Obama wins narrowly next year, but the Democrats suffer huge losses in the Senate, where the numbers are stacked against them (11 Republicans up, compared to 23 Dems) and gains in the House but not enough to take back control. There is latent support for a president to lead as the champion of hard-pressed regular people. But Obama keeps passing up the opportunities history deals him. The Republican assault against public employees in Wisconsin, Ohio, Indiana, and elsewhere produced the largest gain in the approval ratings for unions in decades. By margins of nearly two to one, the public rejects the conclusion that public workers should take pay or benefit cuts to solve fiscal crises. You wouldn’t have expected government employees to be the poster children for broad economic distress, but the effort to blame the recession and the budget crisis on nurses, teachers, cops and firefighters backfired. Regular people saw these workers as their neighbors and fellow members of a beleaguered middle class, not as their oppressors. You might have expected a Democratic president to seize this teachable moment to point out that the collapse of the economy and of government revenues was caused on Wall Street, not in state capitols or at union bargaining tables. But this president was too busy making amends for the hurt feelings of big business, preparing to unveil the next loophole in enforcement of the Dodd-Frank Act , and sending his fundraising associates to Wall Street with wheelbarrows to collect donations for his campaign. Maybe there is political genius in just giving the Tea Party Republicans enough rope, and waiting for them to hang themselves. But it hardly adds up to a presidential re-election with coattails for the Democrats or a shift in the direction of this nation’s economy and its suffering working people. Robert Kuttner is co-editor of The American Prospect and a senior fellow at Demos. His latest book is A Presidency in Peril .

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Tea Party Favorite Touts… Federal Spending?

March 18, 2011

Republican Rep. Allen West, a tea-party favorite from Florida, railed against earmarks and out-of-control government spending on the campaign trail last fall. But he’s happy to claim credit for a little federal largesse.

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White House Takes Back Billions From Florida Allocated For High-Speed Rail

March 11, 2011

WASHINGTON — The Obama administration says it’s taking back the $2.4 billion allocated to Florida for high-speed trains and is inviting other states to apply for the money. Transportation Secretary Ray LaHood said in a statement Friday that he will make the funds available through competitive bidding to states eager to develop high-speed rail corridors. The Florida project would have connected Tampa and Orlando with high-speed trains. But Gov. Rick Scott, a Republican, said he didn’t want to obligate the state to pay for what could be expensive operating costs for the line. LaHood’s actions appeared to put an end to the on-again, off-again negotiations between Scott and supporters of the project trying to find a formula to keep it alive.

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Judge Rules Debt Agency Can’t Contact Woman Via Facebook

March 9, 2011

ST. PETERSBURG, Fla. — A Florida judge has ordered a debt collection agency to not use Facebook or any other social media site in an attempt to locate a woman over a $362 unpaid car loan. Judge W. Douglas Baird also ordered Mark One Financial LLC of Jacksonville, Fla. to refrain from contacting the woman’s family or friends on Facebook. The order is part of a lawsuit that Melanie Beacham filed last August against the debt collection agency. According to court documents, Beacham said Mark One sent messages to her and her family on the Facebook networking site to have her call the agency about the debt. Billy Howard, the woman’s attorney with the Morgan and Morgan law firm in Tampa, said the debt collectors violated Beacham’s privacy. He said they also violated a provision of Florida’s consumer protection law that prohibits debt collectors from harassing people. Howard said that in the past four months, nearly a dozen potential clients have contacted him because debt collectors have used social media sites to track them down. “It’s the beginning of an epidemic,” Howard said, calling it “another weapon” debt collectors can use. Beacham’s claims Mark One contacted her six to 10 times a day by phone, sent her a text message, contacted her neighbor and sent a courier to deliver a letter to her workplace, according to court documents. Mark One did not return a message Wednesday from The Associated Press. Last November, the agency said it would not discuss Beacham’s case and denied any wrongdoing. The company acknowledged that its collectors use Facebook to find people when they don’t respond to other means, like letters and phone calls. Social media experts and lawyers like Howard say that debt collectors are increasingly trying new tactics to contact people who owe money. In one Chicago case, a man was friended on Facebook by a young woman in a bikini. The account turned out to be a debt collector’s, something the man realized only when the “friend” posted a message on his wall: “Pay your debts, you deadbeat.”

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Madoff Trustee: Lawsuits Delaying Money For Victims

March 8, 2011

NEW YORK (By Jonathan Stempel) – The trustee seeking to recover money for investors victimized by Bernard Madoff’s Ponzi scheme said he hopes to begin distributing money “in the near future,” but that litigation is delaying his efforts. Speaking to reporters on a conference call, the trustee, Irving Picard, said he has recovered $2.6 billion of cash and equivalents. Picard has won court approval to recover an additional $7.2 billion from the estate of Florida investor Jeffry Picower, but said actual recovery of that sum has been delayed by an appeal and an objection to a forfeiture order. “While we hope to initiate distributions in the near future, it will take some time to distribute all the funds,” in part because of litigation, Picard said on Tuesday. “We anticipate that our position will ultimately prevail” in the litigation over the Picower case, he added. Picard said he has filed more than 1,000 lawsuits in 30 countries to recover about $100 billion, and he and his legal team hope to recover “a majority of what we are seeking.” The lawsuits have been filed against people and businesses that Picard believes aided or turned a blind eye to Madoff’s fraud. (Reporting by Jonathan Stempel in New York; Additional reporting by Sarah N. Lynch in Washington, D.C.; Editing by Phil Berlowitz) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Underwater Homeowners Gather To Talk ‘Housing Hell’

March 8, 2011

WASHINGTON — Last month, HuffPost meetups across the country propelled Americans to political action. In Sacramento, Calif., meetup participants held a protest at their local Bank of America, while in Seattle, Karen Pooley asked for support from fellow meetup attendees as she prepared to testify before the Olympia legislature. HuffPost’s next monthly mortgage meetup is set for Tuesday, March 8, at 7 p.m., and several groups have contacted us to detail their plans. Click here to find the HuffPost “Housing Hell” meetup nearest you. Liz Coursen said the February meetup in Sarasota, Fla., which was attended by roughly a dozen people, spurred her to organize a foreclosure seminar later in March. “I asked a local foreclosure defense lawyer to run it,” she wrote in an email. “He said he would, and we’re going to advertise it in the three local papers. Should be interesting!” Coursen added that the March meetup in Sarasota, which is scheduled to take place at a local library on Tuesday night, will be a bit smaller this month. “Wednesday is the second annual ‘Rally in Tally,’ so I know that a number of our most important activists are going to be home preparing for that,” she said in a phone interview on Monday. Coursen’s organization, the National WaMu Homeowners Support Group, is one of several Florida groups helping to organize the rally highlighting the state’s foreclosure crisis. In Boynton Beach, Fla., ForeclosureHamlet.org, an online site for homeowners navigating foreclosure, is encouraging HuffPost meetup-goers to join their “Freedom Ride” to a rally slated for March 9. Demonstrators will take an overnight bus trip to the state Capitol, meeting with state representatives and holding press events in Tallahassee the next day. “The Housing Hell meetup could turn into an all-night, all-day affair in Florida,” Lisa Epstein of ForeclosureHamlet.org told HuffPost. If you want to cover a meetup as a citizen journalist or are a real estate expert, attorney or someone interested in organizing an event but having trouble getting it started, email us at lucia@huffingtonpost.com, arthur@huffingtonpost.com or ryan@huffingtonpost.com. Answers to some frequently asked questions appear below: *** Q: How do I find a meetup near me? A: Follow HuffPost’s link to find your local chapter, type your town and state into the search box in the upper right-hand corner, and click “Go.” The meetup scheduled nearest you will automatically show up. It may not be in your neighborhood, however, since the system is designed to foster a critical mass of participants by showing meetups in your area with the most activity. Q. I want to go to a meetup, but I don’t see one that’s close enough to me. How do I start a new meetup in my town? A. If you do not see a scheduled meetup that is close enough to you, you can create your own by following the directions above, and then, when presented with the locations nearest you, scroll down a bit and click on “Show 10 more.” Having clicked on that, scroll all the way to the bottom of the list where you’ll find a button that says, “Start a new community in [your location].” Click and follow the prompts. Q. I am looking at this meetup, but there’s no specified venue — does that mean the meetup is not happening? A. All it means is that you have to suggest a location. The meetup may not happen unless you make it happen. To suggest a location in a meetup that doesn’t already have one, click “Suggest the place” in the “Where” section of the event details. If other people want to meet somewhere else, you can hash it out with them in the comments section. Choosing a venue can help boost turnout; the sooner you suggest a place, the better. Q. How do I get more people to come to my meetup? A. Promote it! Tweet it, Facebook it, call up your friends and tell them about the meetup. The more you mobilize your own community, the better the meetup will be. Q. What should we do at the meetup? Just talk, get drinks, eat? A. Anything you want. We hope people to come together to talk about their mortgage problems and find solutions together.

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10 States Where Teachers Are Paid The Worst: 24/7 Wall St.

March 4, 2011

24/7 Wall St wrote: Lost in the debate about collective bargaining rights and the related issues of pay, pensions, and health care coverage is the dialogue about a core issue. There is no clear correlation that better paid teachers produce better educated students. Wisconsin teachers are among the most vocal opponents of Gov. Scott Walker’s plan to curtail some collective bargaining rights. Though there is little doubt that good teachers improve student achievement, the evidence that well-compensated educators produce better prepared students is mixed. Wisconsin is a case in point. Wisconsin teachers fare slightly worse than the national average with starting salaries of $32,642 and a maximum with a master’s degree of $60,036. The Tax Foundation says its tax burden is the fourth worst in the U.S. and its QualityCounts rating was a C+, about average. What the state underscores is how a dysfunctional system of teacher pay rewards educators with little emphasis on merit. Throwing more money at teachers, however, is not the answer to the myriad of problems affecting the nation’s schools. Data reviewed by 24/7 Wall St. from the National Education Association, The American Federation of Teachers, PayScale.com along with discussions with experts from Education Trust, the Heritage Foundation and the American Enterprise Institute found that there are states with well-paid teachers with superior student achievement such as New York, New Jersey and Pennsylvania. Others such as Connecticut and California where teachers are paid well and the educational results are average as measured by the QualityCounts survey issued by Education Week. Florida did well in QuallityCounts even though its teachers are among the poorest paid in the country. All these states except Florida rank among the highest among state and local tax burdens, according to the Tax Foundation. The Sunshine State ranked 31st. The National Education Association, the largest teacher’s union, estimates starting salaries for teachers at $35,139 with a bachelor’s degree. Educators with a master’s degree earn as much as $64,883. Of course, teacher’s salaries vary widely depending on the tax revenue available, cost of living and the strength of the local union. They are largely funded by local property taxes. Moreover, their salaries far exceed the wages paid to their counterparts at non-union private schools, according to Reason magazine . Most teachers also received defined benefit pension plans and other benefits not given to their counterparts in private industry. Some districts are pushing the idea of merit pay, which the teacher’s unions have fought. “I would love to say dramatically raise their pay,” says Richard Lemons of the Education Trust, in an interview. He added that there is no evidence yet that dramatically boosting a mediocre teacher’s pay will inspire them to become better at their jobs. In theory, higher teacher pay will entice higher quality candidates into the professions though there is little evidence that shows these people will be any more competent than existing teachers. Though money won’t solve the myriad of woes affecting our nation’s schools, it certainly helps. According to the Economic Policy Institute (EPI), many people are turned off by the profession because of its low starting salary, which trails the pay of educators around the world. Teachers have also been “losing ground” to other professions for years, EPI says. A 2008 report by the Economic Policy Institute argues that teachers with bachelor’s degrees earned about 12.2 percent less than their peers in 2006, while the gap between teachers and non-teachers with a master’s degree was 11.3 percent. The implications are stark. According to a report released last year by the Education Trust , students in high-poverty schools are “disproportionately taught by out-of-field and rookie teachers.” U.S. students still lag behind their peers around the world in math and science, though their performance has improved slightly. The NEA argues that teachers should receive more compensation for receiving a master’s degree even though many experts argue that there is no proof that it makes teachers perform any better. “People who improve their skills should get paid more,” says Bill Raabe of the NEA “Wouldn’t you want that adult work with your children to be the best that money can but. It’s a no brainer.” Many experts argue that the system for evaluating teachers is broken. Teachers can be evaluated by supervisors who know nothing about their subject. Another big problem, according to critics of teacher’s unions, is the idea that the last person hired should be the first person fired in the event of a layoff. In a recent interview with National Public Radio , former DC District Superindent Michelle Rhee argued that this policy hurts younger teachers because it encourages districts to fire more of them to close budget deficits. Moreover, Rhee and others say that it promotes seniority over merit. A few schools are battling these trends by paying teachers six-figure salaries. A New York City charter school earned headlines in 2008 for its plans to pay teachers $125,000 in exchange for working longer hours and assuming additional duties. A voluntary program instituted in Washington, D.C., last year could raise total compensation for some teachers to $140,000 Some teachers in Wisconsin and Illinois are also reportedly as handsomely compensated along with other states. According to the NEA, about 1% of teachers are paid that well. Though teachers’ unions and their political allies argue that educators are underpaid, fiscal conservatives argue that given the amount of work they do and the hefty benefits they receive, that is not the case. Frederick Hess, director of education policy studies at the American Enterprise Institute, says he is not against paying well. “I don’t think that all teachers should earn six figures,” Hess says in an interview. “The best teachers should earn six figures and the worst teachers should be fired.” While its tough to quantify the value of a good teacher, Stanford University economist Eric Hanushek gave it try last year and concluded that a better-than average teacher “generates marginal gains of over $400,000 in present value of student future earnings … Alternatively, replacing the bottom 5-8 percent of teachers with average teachers could move the U.S. near the top of international math and science rankings with a present value of $100 trillion.” The problem that experts can not solve is how to attract and retain teachers who give both students and taxpayers the most bang for their buck. Below are the list of the 10 worst-paid teachers. This list includes the QualityCounts grades. Do you think teachers are making enough in these states?

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Sramana Mitra: Spotlight On The Northwest

March 3, 2011

At this week’s One Million by One Million roundtable, we put a special focus on entrepreneurs in the northwestern part of the United States, and we had three presenters, all from Washington. The first, Nitie Mehta from Redmond, Washington, presented Dental Office Services, a business process outsourcing (BPO) concept targeted to help small dental offices handle their office management, financial processing, claims collections and patient communication functions. Nitie is working with dentists to validate her assumptions about the service, and she is a member of the 1M/1M premium program. In the spirit of 1M/1M, I invited the audience to connect her with dentists in the United States who may be willing to speak with her and help her understand the specifics of what she needs to put together in her offering. And readers, I request you to do the same. Please feel free to e-mail Nitie with your suggestions through 1M/1M. Meanwhile, I also asked Nitie to look into what athenahealth offers in terms of dental practices since they are one of the most successful SaaS-enabled BPO companies in existence right now in the field of healthcare IT. It would be a good idea to explore what part of their technology could be used to deliver what Nitie wants to offer. You can read more about athenahealth here . We also had two other entrepreneurs who are working with the William Factory Incubator in Tacoma, Washington. Scott Deutsch and Robin Deutsch with WiseMind Studios LLC in Tacoma presented Life Skills Winner, a learning app to help autistic and developmentally challenged children learn certain skills. The app has just been released and has been downloaded about 250 times in a week, which is a good start. While I like the basic concept, the company needs to do a lot of positioning work. It’s a bit all over the place, trying to cater to everybody and their mother (literally), including refugees from developing countries. I advised them to focus on parents of autistic children of a certain age band, say 5 to 7 years. It is that kind of precision that will drive a focused go-to-market strategy. Then Greg Snead, also from Tacoma, discussed Orbiter , an RFID venture that is moving along quite nicely, having clocked more than $700,000 in revenue last year. The company has bootstrapped using services, a philosophy we espouse heavily in 1M/1M, and has simultaneously gathered a group of angel investors who are supporting it through the next phase. At this point, Greg is in the process of bringing in two additional investors, and the primary topics of our discussion were valuation and ROI issues around the new investors. Orbiter expects to give its investors a 15 times return on investment based on their current pipeline and revenue forecast. If that does happen, I would say the investors will have done extremely well. In addition to the Northwest contingent, we had Dan Stewart from Safety Harbor, Florida, pitching Happy Grasshopper . Dan is also a premium member of the 1M/1M program and a serial entrepreneur, having done about seven companies so far. Happy Grasshopper is an e-mail marketing service that assists real estate agents in reaching out to their networks and generating referrals. Dan is already seeing strong conversion from site visitors to free registrations (over 17%, which is excellent), and reasonable conversion from free to paid subscribers for the service. Dan wanted to know how to increase the conversion. My sense is that because Dan has such good ROI case studies, it would simply be a matter of showcasing these case studies prominently on the landing page and then focusing on increasing traffic flow into the site. We discussed a numbers of customer acquisition methods to do so. We also discussed Dan’s options vis-à-vis channel partners. Up last, Thomas Vellaringattu from San Jose, California, pitched Social Pulse , a service through which he is helping small businesses that are not terribly net savvy set up profiles and use social media to market and curate relevant information to help them market. Tom wants to use college students and unemployed people and arm them with the Social Pulse platform, such that they can market the service in their local region, as well as make money by building and managing Social Pulse profiles on behalf of local small businesses. Tom has positioning issues and has presented Social Pulse as a much broader service than what it needs to be. We discussed ways to acquire small business customers and how to recruit college students through internships. Next week, we are going to partner with the Indian Angel Network for the strategy roundtable. You can register for the next roundtable here . You can also listen to the recording of today’s roundtable here and select the business you like best through a poll on the 1M/1M Facebook page . Recordings of previous roundtables are all available here .

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States Mull Bets On Online Gambling

March 3, 2011

Cash-starved states may roll the dice on online gambling. Allowing casinos legally offer online poker to residents could reroute some of the the billions American players currently spend on offshore gambling sites to empty state coffers, industry supporters argue. New Jersey Governor Chris Christie on Thursday vetoed a bill that would have made New Jersey the first state to offer online gambling. Citing public concerns, he said legislators could instead pass the bill by asking New Jersey residents to vote on it in a referendum , the Wall Street Journal reports. The bill to allow Atlantic City casinos to offer online gambling passed through both houses of legislature in New Jersey, with popular support from both Democrats and Republicans, the WSJ reported. The Department of Justice considers almost all forms of online gambling illegal , but states can skirt the federal ban by limiting access to residents, known as intrastate gambling. Lawmakers in states like Pennsylvania, for example, have previously argued that casinos bring in desperately needed revenue, which last year led to the opening of the SugarHouse Casino in Philadelphia. States are now pushing to expand gambling offerings. Last week, Iowa lawmakers introduced a bill that would make online gambling legal for state residents. “Based on the existing tax structure, the state could make $30 to $35 million, just from online gambling run by casinos,” said Kirk Uhler, vice president of government affairs for Beverly Hills, California-based U.S. Digital Gaming, which is in the running to operate Iowa’s online gambling network if the bill passes. “Extrapolating from the number of people already playing poker online, there could be 150,000 people in Iowa playing every year,” he said. “It’s regulating, rather than legalizing.” The same calculations are being made around the country . Nick Iarossi, a Tallahassee, Florida-based gambling lobbyist said his state has an estimated 500,000 online poker players, who could bring in between $20 million and $60 million in tax revenue. He expects a proposal to be placed in front of Florida legislators within weeks. Boosters in California estimated the state could bring in $100 million in tax revenue from the state’s 500,000 online poker fans, and that the new industry could lead to 3,000 new jobs , according ABC News. Lawmakers in the District of Columbia are also considering making games like online poker legal for their residents. Illinois and New York are looking at allowing state lotteries to offer games of chance online, said Anthony Cabot, head of gaming law practice at Las Vegas-based law firm Lewis and Roca. “With the state lotteries, every dollar would go directly into state coffers.” Online gambling is a $12 billion industry globally, said Cabot. Half of that comes directly from the U.S., he added.

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Largest Shareholder Wins Board Changes at St. Joe; CEO Resigns

March 1, 2011

Fairholme Capital Management can claim victory in its battle with The St. Joe Co., one of Florida’s largest real estate development companies, over the makeup of the landowner’s board. Earlier this month, Bruce Berkowitz and Charles Fernandez, managing member and president, respectively, of Fairholme Capital, had resigned their positions as directors on St. Joe’s board just six weeks after being appointed. They then started a campaign to oust the…

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Laid Off And Left Out In Wisconsin

February 28, 2011

MADISON, Wis. — Kathy Truesdel has no love for Scott Walker. “He kiboshed the high-speed rail. It could have put me to work,” she said. “That’s my biggest gripe.” Walker, the new Republican governor of Wisconsin, nixed the Milwaukee-to-Madison project started under his predecessor, Jim Doyle (D), which had $810 million behind it from the 2009 stimulus bill. Walker cited the costs of continuing the project once the federal funds ran out, even though the project’s proponents said it would have supported 5,500 construction jobs in Wisconsin for the next three years. Truesdel, a laid-off forklift driver, thought some of that employment might have come her way. She told HuffPost she’s been jobless for two years after working steadily for the previous 20. “Nobody seems to want to hire me,” said Truesdel, 41. “I’ve never been in this position my whole life.” It’s not something she wanted to protest about. She said she wasn’t interested in joining the anti-Walker demonstrations raging at the state capitol building up the street, where tens of thousands of union workers have swarmed to protest Walker’s proposal to strip collective bargaining rights from most government employees. Too much of a crowd for Truesdel. On Wednesday night, she sat on a barstool three blocks away at a dark dive called Mackesey’s Irish Pub, wearing a black hoodie. No noisy protesters here, and not even any students at the moment, either. Just the Wisconsin-Michigan basketball game on TV and burgers for $4. Truesdel and another regular, Mary Baldassare, recognized this reporter as an out-of-towner. Baldassare immediately wanted to know how their visitor liked Madison. “I like to be friendly with people when I see they’re new,” she said. Baldassare, 59, said she’s also wary of the big crowds, though she supports the protesters and unions in general. “It’s the only way small people can have their voices heard,” she said. “In other regular jobs, if you complain, they get rid of you.” Baldassare said she works one day a week cooking at a sorority house but has been without steady employment since 2008. She met Truesdel here about a year ago. “It’s nice to go out once and a while and talk to people, commiserate,” she said. Despite her degree in culinary management, she’s only been able to find odd jobs cooking or cutting hair. She used to run a motel in Florida, and worked alternately as a hairdresser or a cook her whole adult life. Before her husband died in 1999, she said, they used to go out to dinner once or twice a week. She said not having the money to go out more often “makes me feel kind of worthless.” The average U.S. unemployment spell now lasts nearly 37 weeks. The longer a person is out of work, the less likely they are to find a job, regardless of background. While the overall unemployment rate for people with a college degree is 4.2 percent, compared with 14.2 percent for people who don’t have a high school diploma, high school dropouts and college grads are equally represented among the million-plus who’ve been out of work for at least 99 weeks, according to the Congressional Research Service . Truesdel said her unemployment benefits ran out a few weeks ago. She’s still filing claims, she said, so the government knows that the unemployment crisis isn’t over. “Maybe they’ll address it more,” she said. “I don’t hear about it so much in the news.” Baldassare said she’s got a few weeks of benefits left thanks to part-time work that interrupted her jobless spell. She said she’s applied for every job she can find, including cooking and bartending gigs. It seems to her that businesses in this town would rather hire college kids for the kind of work she can do. The experience of constantly applying for jobs and never even getting a response from employers makes her feel small. “I feel like I’m a little piece of lint on the earth. A little dust bunny,” she said. “I have so much to give.”

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State And Local Budget Cuts Are Slowing U.S. Economy

February 26, 2011

WASHINGTON — Deep spending cuts by state and local governments pose a growing threat to an economy that is already grappling with high unemployment, depressed home prices and the surging cost of oil. Lawmakers at state capitols and city halls are slashing jobs and programs, arguing that some pain now is better than a lot more later. But the cuts are coming at a price – weaker growth at the national level. The clearest sign to date was a report Friday on U.S. gross domestic product for the final three months of 2010. The government lowered its growth estimate, pointing to larger-than-expected cuts by state and local governments. The report suggested that worsening state budget problems could hold back the recovery by putting more people out of work and reducing consumer spending. Across the country, governors and lawmakers are proposing broad cutbacks – lowering fees paid to nursing homes in Florida, reducing health insurance subsidies for lower-income Pennsylvanians, closing prisons in New York state and scaling back programs for elderly and disabled Californians. “The massive financial problems at the state and local levels have and will continue to restrain growth,” said economist Joel Naroff of Naroff Economic Advisors. State and local governments account for 91 percent of all government spending on primary education, according to the Brookings Institution. And they provide 71 percent of higher-education spending. States also account for more than 70 percent of spending on roads, bridges and other infrastructure. But those same governments cut spending at a 2.4 percent rate at the end of last year. And economists predict they will slash their budgets by up to 2.5 percent this year – potentially the sharpest reduction since 1943. The deepest cuts are expected to occur in the first six months of this year. The worst cuts so far_ 3.8 percent – came in the January-to-March period of 2010. That was the sharpest quarterly drop since late 1983, when the U.S. economy was recovering from a severe recession. Most economists think the cutbacks this year will exert an even bigger economic drag than last year. Newly elected Republican governors are leading the charge. They’re acting on campaign pledges to shrink government to meet budget gaps. They favor smaller governments with lower taxes and less regulation, which they say will boost private-sector growth and job creation. Some Democrats – including Govs. Andrew Cuomo of New York and Jerry Brown of California – have followed suit. They’re pushing for cuts to social programs and concessions from unions. The governors’ push for painful cuts comes just as they gather in Washington this weekend for their winter meeting. “We have to balance our budgets. We have to address costs. And we also have to move forward at the same time,” Maryland Gov. Martin O’Malley, head of the Democratic Governors Association, said after his group met with President Barack Obama and Vice President Joe Biden at the White House. No state has attracted more attention than Wisconsin. Pointing to the state’s projected $3.6 billion gap, Republican Gov. Scott Walker wants to strip state workers of collective bargaining rights. He also wants them to contribute more to their pensions and health insurance costs. The budget fight has taken center stage in Congress. Democrats are bending to Republican demands for spending cuts to avoid a shutdown of the federal government next week. The reduction in federal spending has a direct effect on states and municipalities. They depend on money from Washington to keep schools operating, put police officers on the street and subsidize public services like job training. The end of federal stimulus programs is also widening state deficits. Many governors, including those in Florida, New York and Colorado, are pursuing tighter budgets. Their proposals include laying off public workers and teachers, reducing spending for education and health care, and ending some social services. They’re also targeting public pension funds and health insurance plans and seeking larger contributions from public employees. State and local budget experts fear the cutbacks will intensify this year. States are struggling to close budget gaps of about $125 billion for the upcoming budget year, according to the Center on Budget and Policy Priorities. That’s a smaller gap than states faced in the past two years. But this time, governors won’t have federal stimulus funds to help close the deficits. And state governments, in turn, are reducing the aid they send to local governments. “We suspect that these cutbacks are going to deepen over the next couple of quarters,” said Mark Muro, a senior fellow at the Brookings Institution. “It’s likely we’re only beginning to see the state and local drag.” In Florida, newly elected Republican Gov. Rick Scott wants to reduce the state’s budget 5 percent. To get there, he wants to slash 8,600 state jobs and reduce Medicaid costs through a 5 percent cut in fees paid to hospitals and nursing homes, but not doctors. Health-insurance cuts are popular with many Republican governors. Pennsylvania Gov. Tom Corbett, facing a projected $4 billion-plus deficit, said he can’t find the cash to extend a program that subsidizes health care for 41,000 lower-income adults and is nearly out of money. Arizona Gov. Jan Brewer is suggesting that the state drop Medicaid coverage for 250,000 low-income people to make up about half of the state’s projected shortfall of about $1 billion. It’s not just Republicans demanding tough fiscal medicine. In New York, Gov. Cuomo has said up to 9,800 state employees could be laid off if public-employee unions don’t agree to millions of dollars in concessions. The newly elected Democrat has also proposed $1 billion in cuts to New York’s Medicaid program, with its 4.7 million recipients. He also wants to close some prisons, freeze wages for nearly 200,000 state workers, cut $1.5 billion in aid to public schools and chop 10 percent from the state’s operating budget. In California, Brown has imposed a state hiring freeze and is proposing cuts to a host of social programs that serve the poor, elderly and disabled. He is also seeking more than $12 billion in tax extensions and fees. The state is grappling with a $26.6 billion fiscal crisis. State spending represents just a fraction of the nation’s economic activity. Consumers typically spend roughly six times more than state and local governments do. So a big increase in consumer spending can offset public-sector cuts. U.S. consumers boosted spending at a 4.1 percent annual rate in the final quarter of 2010 year; state and local governments cut spending at a 2.4 percent pace. If consumers had spent just 0.4 percentage point more, they would have offset the state and local government cutbacks. That said, layoffs hurt consumer spending. And states and local governments are cutting their payrolls. State and local governments have cut more than 400,000 jobs in the past two years. Budget pressures will force an average of 20,000 more job cuts each month for the rest of this year, estimates Jon Shure of the Center on Budget and Policy Priorities, a left-leaning think tank. State tax revenue has begun to grow again after falling sharply in recent years. But many governors are now proposing tax cuts as a way to encourage business activity, Shure said. That’s likely to escalate pressure for spending cuts because most states must balance their budgets each year. ___ Contributing to this story were Associated Press writers Christopher S. Rugaber in Washington; Sandra Chereb in Carson City, Nev.; Juliet Williams in Sacramento, Calif.; Paul Davenport in Phoenix; Geoff Mulvihill in Haddonfield, N.J.; Michael Virtanen in Albany, N.Y.; Colleen Slevin in Denver; Marc Levy in Harrisburg, Pa.; Jim Davenport in Columbia, S.C.; Bill Kaczor in Tallahassee, Fla.; and Jonathan Cooper in Salem, Ore.

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Disgraced Money Manager: ‘I’m Not A Sexual Predator, I’m An ‘Offender,”

February 25, 2011

Disgraced billionaire money manager (and former Bill Clinton associate) Jeffrey Epstein is back in New York City after 13 months of jail time for soliciting a minor for prostitution — and he appears far from repentant. In an interview with the New York Post , Epstein was breezy about his conviction. “I’m not a sexual predator, I’m an ‘offender,’ he said . “It’s the difference between a murderer and a person who steals a bagel.” Last month, a New York judge ruled Epstein a Level 3 sex offender — the most dangerous kind. Back in July, the Daily Beast shone a light into some of the less savory aspects of Epstein’s lifestyle with a detailed report of the financier’s “sex den,” in Florida which, according to police reports, displayed how he “organized his life around this sexual compulsion in an open and methodical way that suggests he felt he was beyond the law.” The details included, but were not limited to, nude images of young girls scattered around the house, genital-shaped bathroom soap, and house staff who would routinely troll for fresh bodies to keep up with Epstein’s schedule of two or three “massage” appointments each day. These are far from the only excruciatingly personal details that have surfaced about Epstein. In a disposition from September 2009, he was forced to answer the following question from the opposing counsel: “Is it true that you have what’s been described as an egg-shaped penis?” Epstein doesn’t come up in a ZIP code search of New York’s sex-offender database. The Post reports: That’s because Epstein’s Upper East Side home is considered “temporary.” By state law, he is required to provide only his permanent address to the database, and Epstein listed his Florida home.

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Disgraced Money Manager: ‘I’m Not A Sexual Predator, I’m An ‘Offender,”

February 25, 2011

Disgraced billionaire money manager (and former Bill Clinton associate) Jeffrey Epstein is back in New York City after 13 months of jail time for soliciting a minor for prostitution — and he appears far from repentant. In an interview with the New York Post , Epstein was breezy about his conviction. “I’m not a sexual predator, I’m an ‘offender,’ he said . “It’s the difference between a murderer and a person who steals a bagel.” Last month, a New York judge ruled Epstein a Level 3 sex offender — the most dangerous kind. Back in July, the Daily Beast shone a light into some of the less savory aspects of Epstein’s lifestyle with a detailed report of the financier’s “sex den,” in Florida which, according to police reports, displayed how he “organized his life around this sexual compulsion in an open and methodical way that suggests he felt he was beyond the law.” The details included, but were not limited to, nude images of young girls scattered around the house, genital-shaped bathroom soap, and house staff who would routinely troll for fresh bodies to keep up with Epstein’s schedule of two or three “massage” appointments each day. These are far from the only excruciatingly personal details that have surfaced about Epstein. In a disposition from September 2009, he was forced to answer the following question from the opposing counsel: “Is it true that you have what’s been described as an egg-shaped penis?” Epstein doesn’t come up in a ZIP code search of New York’s sex-offender database. The Post reports: That’s because Epstein’s Upper East Side home is considered “temporary.” By state law, he is required to provide only his permanent address to the database, and Epstein listed his Florida home.

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Video: CEOs More Optimistic About Business Conditions, Economy

February 18, 2011

Feb. 18 (Bloomberg) — Chief executive officers of leading U.S. companies are more optimistic about business conditions and the outlook for the U.S. economy. Julie Hyman reports from the Business Council meeting in Fort Lauderdale, Florida, on Bloomberg Television’s “Bottom Line.” (Source: Bloomberg)

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Video: Agco’s Richenhagen Says Farm Equipment Prices May Rise: Video

February 18, 2011

Feb. 18 (Bloomberg) — Martin Richenhagen, chief executive officer of Agco Corp., discusses the company’s business and equipment price outlook. Agco is the second-biggest U.S. maker of farm equipment. Richenhagen talks with Julie Hyman at the Business Council meeting in Fort Lauderdale, Florida, on Bloomberg Television’s “Fast Forward.” (Source: Bloomberg)

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Video: Martin Sorrell Says WPP to Raise Digital Sales Target

February 18, 2011

Feb. 18 (Bloomberg) — Martin Sorrell, chief executive officer of WPP Plc, discusses the outlook for digital advertising revenue. WPP is the world’s largest advertising company. Sorrell talks with Julie Hyman at a Business Council meeting in Fort Lauderdale, Florida, on Bloomberg Television’s “In the Loop.” (Source: Bloomberg)

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Dan Solin: Investing Charlie Sheen Style

February 16, 2011

Even die-hard Charlie Sheen fans must have been appalled at news reports that he asked a porn star to babysit his two young daughters. His ex-wife, Denise Richards, expressed the views of most of us when she twitted that “no adult film star will be babysitting our kids.” Don’t be too quick to criticize Mr. Sheen’s appalling judgment. Most of you are not doing any better when you pick an investment adviser. Jay Franklin brought home this point in a thoughtful recent blog. Mr. Franklin finds it odd that you would entrust your life savings to firms with a demonstrated history of ethical and moral (if not literal) bankruptcy. He supports this position with the following examples, which are a modest sampling of the indefensible conduct passing for another day at the office of significant players in the financial world: 1. Merrill Lynch paid $10 million to settle claims it used order flow from its customers to trade and profit for its own account ; 2. The Bank of New York allegedly overcharged a Virginia pension plan according to allegations in a complaint filed by the state. It is alleged to have done so by converting $12.5 million of pension money to Canadian dollars at the highest exchange rate and then passing on the proceeds to the pension plan at the lowest exchange rate, and (of course) pocketing the difference. A very slick move, if proven. 3. Similar allegations against Bank of New York are being investigated by the Florida state pension plan. California has commenced its own investigation into foreign currency practices of State Street. The defendants deny all charges. 4. J.P. Morgan must be one of the few winners who dealt with Bernie Madoff. It quietly withdrew $276 million in profits shortly below Madoff’s collapse. It is now the defendant in a $6.4 billion lawsuit, filed by the tenacious trustee for the Madoff mess. The lawsuit alleges that J.P. Morgan was “thoroughly complicit” in Madoff’s fraud. J.P. Morgan denies the allegations. I join Mr. Franklin in wondering why investors deal with firms that have conducted business in this manner. It should be enough that they lack the ability to intelligently manage money (their own or others). You would think the total lack of a moral compass — standing alone — would cause you to flee from their offices. There is no evidence this is happening. Before you judge Mr. Sheen, take a hard look at the way you invest. You may find your judgment is no better than his. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

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JPMorgan CEO: Bank Won’t Be ‘Goaded Into Doing Something Dumb’

February 15, 2011

NEW YORK (By Clare Baldwin) – JPMorgan Chase & Co Chief Executive Jamie Dimon said his bank will not be “goaded into doing something dumb” with its capital, even as it prepares an aggressive expansion in consumer and private banking over the next five years. Speaking at the bank’s annual investor day, Dimon said the bank is prepared to withstand any phasing out of mortgage financiers Fannie Mae and Freddie Mac, despite being one of the nation’s largest home loan providers. This is in part because it expects 2011 to be a year of growth for the bank, primarily through existing businesses but especially in Latin America and Asia, he said. Dimon, a Democrat, also downplayed persistent speculation he might leave the second-largest U.S. bank by assets to go into the political arena. “I’m not going into politics and I’m not opening a restaurant. I love what I do. I want to be here. I want to stay,” he said. Dimon added: “There are people here who can take my spot.” BRANCH BANKING GROWTH JPMorgan plans to will add at least 1,000 branches in the next three years and could add up to 2,000 within five years, said retail financial services Chief Executive Charlie Scharf. The bank said it expects “aggressive growth” in California and Florida in particular. It ended September with 5,172 U.S. branches, trailing Wells Fargo & Co’s roughly 6,500 and the nearly 6,000 that Bank of America Corp. operates. Scharf said branch expansion will largely be in areas where Chase operates now. He also said there were few attractive opportunities for Chase to grow by buying another bank. “When you look at our existing footprint, we know exactly who we’d be interested in and not interested in, and we know the same for out-of-footprint and it’s not a long list of names,” he said. “A lot of the smaller transactions that you see for us don’t seem to make a whole lot of sense.” JPMorgan significantly boosted its branch network in 2008 when it bought the banking business of Washington Mutual Inc, the largest U.S. bank or thrift to fail. CONCERNS Despite beating analyst estimates for fourth-quarter earnings, JPMorgan faces questions about declining trading volumes, its long-time ties to imprisoned Ponzi schemer Bernard Madoff, its foreclosure practices and pending financial regulation, which could crimp profits. Scharf addressed part of the regulation issue, saying JPMorgan stood to lose $1.3 billion of revenue from new regulations on debit card processing fees. Shares of JPMorgan closed up 28 cents, or 0.6 percent, at $46.82, compared with a 0.3 percent decline in the KBW Bank Index . Two months after investor days, shares of a bank have historically risen an average of 15 percent, according to a Barclays Capital research note published last week. (Writing by Ben Berkowitz and Jonathan Stempel; Editing by Gunna Dickson and Steve Orlofsky) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Bank Watch: 2011 Bank Failures Exceeding 2010 So Far

February 14, 2011

Four more banks failed and were closed at the end of last week by state regulators bringing the total bank closures for the year to 18 – two more than at the same time last year. Banks in Michigan, California, Florida and Wisconsin were the latest succumb to the Great Recession. In Michigan, First Michigan Bank assumed all of the deposits and substantially all of the assets of Peoples State Bank, a full-service bank with 10 branches operating in…

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Investigators Accused Of ‘Malpractice’ In Report On For-Profit Colleges

February 2, 2011

A lobbying group representing the for-profit college industry filed a lawsuit today accusing federal government investigators of “professional malpractice” after issuing a report last summer that documented aggressive and misleading recruitment at several for-profit institutions. The undercover investigation by the Government Accountability Office, which involved four investigators posing as fictitious prospective students, found numerous examples of deceptive statements made by admissions officers and other employees at 15 for-profit colleges. The findings included overstated promises of potential salaries after graduation and high-pressure tactics that pressed applicants to enroll before receiving information about financial aid. The for-profit college industry in recent months has seized on revisions made to the report in November – changes that in many cases represent technical tweaks and elaborations, but that the industry says have “cast serious doubt on the credibility and objectivity of the GAO’s analysis.” The report garnered great attention when it was released last August, causing stock prices to plunge at many of the publicly-traded corporations that own for-profit schools. The for-profit college sector includes a diverse array of schools, ranging from specialized institutions such as ITT Technical Institute to mostly-online colleges such as the University of Phoenix and Kaplan University. Chuck Young, a spokesman for the GAO said the revisions in no way undermine the overall message of the report, and that the agency stands by its findings. According to Young, an independent GAO review team examined the report after it was published and “found no material flaws in the evidentiary support for the overall message.” The lawsuit — filed by the Coalition for Educational Success, represented by Washington lobbyist Lanny Davis — is the latest example of an intense campaign the for-profit colleges are waging against new federal regulations that could restrict their access to lucrative federal student aid dollars. Industry groups have filed a flurry of lawsuits against the Department of Education and conducted an advertising blitz accusing the government of trying to prevent students from going to college. Davis, a former special counsel to President Bill Clinton, began representing the for-profit college sector last year. He has faced criticism in recent years over his paid representation of controversial international figures, including Laurent Gbagbo, the Ivory Coast dictator who refused to step down after losing an election last year. Davis dropped Gbagbo as a client soon after taking him on in December, following complaints from human rights groups. The for-profit college industry faces increased scrutiny as evidence mounts of its students leaving with debts they cannot afford to pay, given the low-wage jobs they tend to attain after graduation. For-profit schools enroll about 12 percent of students nationwide, yet the sector takes in nearly 25 percent of all student aid dollars and is responsible for 43 percent of student loan defaults. A number of the alterations to the GAO report cited in the lawsuit involved wording changes and statements made by recruiters to the fictitious students that were omitted from the first report. For example, in the original report, the GAO noted how a representative at a two-year college in California told the undercover applicant getting a job is a “piece of cake” and graduates of the computer drafting program could make more than $120,000 per year. The revised report added that the employee also said in the current economic environment, the job applicant could expect a job earning $15 per hour, if lucky. However, during the same interview, the representative also encouraged the student to falsely fill out a federal student aid form in order to qualify for Pell Grants. There were no revisions to that conclusion. In another case, the original report said a recruiter at a publicly-traded four-year college in Pennsylvania told an applicant she “should” take out the maximum in federal student loans, even if she didn’t need all of the money for tuition. The revised version of the report changed the wording to “could.” The lawsuit names a series of other tweaks made to the report, suggesting that “pervasive and one-sided errors resulted from the intentional bias driving the investigation, in violation of the GAO’s protocols.” GAO has not discounted any of the conclusions of its report, and the vast majority of the findings required no tweaks or revisions. Some of the more misleading statements included a recruiter in Washington, D.C., telling an applicant a barber can earn between $150,000 and $250,000 per year, even though the Bureau of Labor Statistics pegs 90 percent of barbers’ salaries below $43,000 per year. Another employee at a college in Florida sat coaching an undercover applicant while she took a proficiency test. The same recruiter implied a student did not have to pay back student loans, even though federal student aid is a debt that often cannot be discharged even in bankruptcy. The lawsuit notes that the GAO’s “malpractice and negligence” with the report forced the group to take on “substantial costs and expenses” to set the record straight. The Coalition for Educational Success has been pursuing a separate lawsuit against the Department of Education over access to e-mail records discussing proposed industry regulations. Another group representing the industry, the Association for Private Sector Colleges and Universities, filed a lawsuit last month against the Department of Education seeking to undo consumer protection regulations approved last fall. The disputed rules included guidelines meant to prevent misleading and deceptive pitches by recruiters and measures prohibiting bonuses awarded to recruiters based on the number of student enrollments they secure.

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