georgia

Lloyd Chapman: Little Known Bill Could Slash Unemployment

July 15, 2010

Relatively few people have heard of H.R. 2568, the Fairness and Transparency in Contracting Act. Yet, the legislation stands alone as the only bill in Congress that could actually provide a significant boost to floundering unemployment numbers, and create the 4 to 5 million jobs President Obama promised during the 2008 presidential election. In February of 2009, Georgia Congressmen Hank Johnson introduced H.R. 2568, to address the diversion of federal small business contracts to Fortune 500 firms and a host of other large businesses around the world. The American Small Business League (ASBL) originally co-drafted the bill. To date, the bill has 25 co-sponsors. In 2005, the Small Business Administration Office of Inspector General (SBA IG) Issued Report 5-15 which described the diversion of small business contracts to large businesses as, “One of the most important challenges facing the Small Business Administration and the entire Federal government today.” ( http://www.asbl.com/documents/05-15.pdf ) Additionally, three different SBA IGs have acknowledged the issue as the #1 management challenge facing the SBA for the last five consecutive years. http://www.sba.gov/idc/groups/public/documents/sba_homepage/oig_reports_tmc_fy10.pdf A small business, as defined in the Small Business Act of 1953, must be “independently owned.” H.R. 2568 would prevent the federal government from reporting awards to publicly traded companies and their subsidiaries as small business awards. The ASBL estimates that, if passed, H.R. 2568 would redirect billions of dollars a month in existing infrastructure spending to America’s middle class economy. http://firedoglake.com/tag/h-r-2568/ In addition to problems caused by large businesses masquerading as small businesses in government contracting programs, the ASBL has also uncovered gross discrepancies in the SBA’s reported contracting data. Specifically, the SBA has used a series of rules and policies to dramatically under report the actual federal acquisition budget, and dramatically inflate the government’s achievement of its small business goals. Although the actual federal acquisition budget is closer to $1 trillion, the SBA has maintained that it is closer to $500 billion. This under reporting, as well as government policies that have allowed Fortune 500 firms to participate in federal small business contracting programs, have had a staggering negative impact on the flow of federal infrastructure spending to America’s 27 million small businesses. The ASBL estimates that based upon the $1 trillion federal acquisition budget, small businesses should be getting $230 billion. The ASBL estimates that small businesses are currently getting no more than $50 billion. If H.R. 2568 were passed, and the federal government was required to use the actual federal acquisition budget, it could redirect well over $150 billion a year in existing federal infrastructure spending back to small businesses.

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Halsey Minor: Why I Fight

July 15, 2010

CHARLOTTESVILLE, Va. — Here in the shadow of Monticello, I often wonder what Thomas Jefferson would think of today’s America, a nation that is rapidly but silently abandoning the individual in favor of faceless corporations, rapacious banks and a collusive, unresponsive government. The Founding Father who envisioned a republic built on the unalienable rights of “life, liberty and the pursuit of happiness” would be sickened at how the very institutions built to protect average citizens from repression have instead become weapons of the rich, the powerful, and mostly the corporate. Whole branches of government have become enablers and enforcers for the corporations and banks that created the economic crisis out of greed and irresponsibility and now are exploiting the mess they themselves created to tighten their grip on America. Big bailouts of Merrill Lynch, Bank of America and AIG get the press attention. Far more corrosive are thousands of unpublicized, self-dealing transactions overseen by bureaucrats following laws written by a pliant Congress and enforced by lifetime-tenured judges trained to believe in the bank over the debtor. A prime example of how the common good is subverted can literally be seen from the gardens of Monticello. Prior to the financial crisis, I was building a hotel in my hometown of Charlottesville. As its own balance sheet faltered, Silverton Bank, the Atlanta-based institution funding the project reneged on its commitment to finance and simply cut off funding. I sued the bank; the bank sued me. Within two months, Silverton was taken over by the Federal Deposit Insurance Corp. in the largest bank failure in Georgia history. I am sure you would expect that the FDIC’s priority would be to maximize the value of the asset for the public by working with me to wrap up the problem caused by the failed bank. We could have put more than 100 people back to work, injected millions of dollars into the Charlottesville economy and finished a half-built structure that now stands as a nine-story testament to hard times. Instead, Chairman Sheila Bair’s FDIC did nothing of the sort. The FDIC accused me of defaulting on the loan, but unlike the actions banks usually take in a default, they did not foreclose. I thought that was extremely odd — until I learned that the loan had been split up among eight banks and as long as there was no foreclosure the banks could say the loans were “good.” In other words, the banks can say the loan is good even though the project is a see-through concrete-and-steel skeleton that has sat idle for more than a year. How fitting, then, that the person overseeing my project for the FDIC is Claire Cotter, a former employee at Ameriquest, which established a fund to settle accusations that it had engaged in unlawful mortgage lending practices during the real estate boom. When Cotter’s bank went belly up, she joined the FDIC knowing the ropes. She immediately went to work to protect the balance sheets of the eight lending banks by wasting millions of taxpayer dollars continuing to fight Silverton’s misguided legal battle, all so these banks don’t have write down my loan. (I’ve already won arbitration against the bank’s developer on the project; I face the FDIC in October.) Between the government and me, roughly $10 million already has been spent in legal fees on a dispute over a $10.3 million loan. Ridiculous, I know; so why do I fight? The simple answer is that someone must or we will emerge from this recession with wealth and power concentrated in a few tiny financial institutions representing a new ruling elite, not unlike the one that inspired Jefferson’s generation to revolution. The same day I heard Bank of America pledge to pay back its taxpayer-funded loan from the government my babysitter told me the interest rate on her Bank of America credit card doubled — from 14% to 28%. When the FDIC carves up the assets of failed banks, it cuts incredible deals with other financial institutions — offering loans for pennies on the dollar and even guaranteeing future losses. So banks bailed out because they were too big to fail get bigger as they swallow the portfolios of those smaller banks the government decides are expendable. And they are aided in this bulking up by the so-called regulators, who can clear pesky obstacles (formerly known as bank customers and clients) by just legally dismissing their claims or offering up threats of litigation funded by a bottomless federal purse. Countless projects like mine, with countless jobs attached, feeding countless people are considered collateral damage, if they are considered at all. Every time I called Claire Cotter, the FDIC official overseeing my project’s failed lender, to discuss a solution she told me to talk to her lawyer and hung up the phone on me. Litigation is expensive and very few people have the money necessary to fight a bank, let alone the federal government. That’s what they count on. Forget the notion of equal access to justice. A minor dispute can easily cost half a million dollars to try, not counting appeals which big companies and the government always take. Even then, it’s the individual who bears all of the personal risk: lose, and the court can seize possessions; win, and face the prospect of a draining appeal. That’s why small businesses have watched helplessly as their credit lines are unilaterally slashed or capriciously revoked, leaving them without the flexibility they need to hire or expand or order fresh inventory. Most can do almost nothing beyond cycling through the push-button responses on the customer service line and hope that things change. The first step toward that change is for people to know what their government is doing with their money in their name. When people hear terms like FDIC “financial protection,” they should understand that it doesn’t necessarily refer to their financial protection but to the banks that hold their mortgage or their credit card. All that FDIC sign in the bank means is that if the banks really screw it up, you and I will pay ourselves back. FDR would be appalled by the FDIC, created in 1933 and designed to help people. Americans are rightly suspicious of moneymen, and not just in the last few years. Jefferson himself once said “that banking institutions are more dangerous to our liberties than standing armies.” When it exists to support businesses and create jobs and fund innovation, finance is integral to a modern economy. But when finance becomes an end in itself and morphs from tool to master, it’s easy to imagine Jefferson’s fear realized in a system that deprives “the people of all property until their children wake up homeless on the continent their fathers conquered.”

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David Isenberg: Just Another Day in Helping Make the U.S. Military the Best Supplied in Human History

July 4, 2010

Thanks to the ever watchful and observant Ms. Sparky , always on the lookout for the latest in contractor malfeasance, I want to share this latest news on the newly announced suspensions of PWC/Agility executives. Some may recall that last year, on November 9, 2009 to be precise, a Criminal Indictment was filed in the United States District Court for the Northern District of Georgia against the Public Warehousing Company (PWC) aka Agility DGS Holdings, Inc., headquartered in Kuwait, for violations of 18 U.S.C. § 371 (Conspiracy to Commit an Offense), 18 U.S.C. § 1031 (Major Fraud Against the United States), and 18 U.S.C. § 1343 (Fraud by Wire). PWC was indicted on allegations it overcharged the U.S. government on a multibillion-dollar contract to supply food for troops in Kuwait and Iraq. On July 1 the Defense Logistics Agency (DLA) sent out a memo announcing that Agility’s Chairman and Managing Director Tarek Sultan and two others have been suspended indefinitely from doing business with the DoD under ANY circumstances! The suspended parties are PWC affiliates who actively participated in the criminal conduct that lead to the indictment. Agility, by the way, is a member company of the trade association IPOA , which goes by the name of The Association of the Stability Operations Industry. It is headed by Doug Brooks, well known for his ubiquitous sound bite that “this [U.S. military operations in Iraq] is the best-supported and -supplied military operation in history.” Perhaps he might want to rethink that. One also wonders what IPOA will do regarding Agility? After all, IPOA’s exhortative but toothless Code of Conduct , Article 3.3, states “Signatories shall take firm and definitive action if their personnel engage in unlawful activities. For serious infractions, such as grave breaches of international humanitarian and human rights laws, Signatories should report such offences to the relevant authorities.” Perhaps nothing will be done. After all overcharging on a food contract most likely is not considered a grave breach of “international humanitarian and human rights laws.” Or perhaps a lawyer could argue that a suspension is not tantamount to an “unlawful activity. Although being suspended indefinitely strikes me as a pretty good sign that something is not kosher. One of Ms. Sparky’s colleagues observes, It is possible that at least two of KBR top brassholes, Paul Cerjan and Joe Cosumano will get caught up in the mess. Paul Cerjan was at L3, after KBR and before Agility. Also Remo Butler is at L3; then of course there is Craig Peterson who left KBR and went to IAP, got caught up in the Walter Reed scandal. What do they all have in common, they are all retired Generals and KBR. A commenter on Ms. Sparky’s website wrote : These “suspension” notices against the three PWC/Agility scumbags are a hoot. The only reason that DLA is taking such an agressive posture against these three is to stay ahead of the Justice Department’s investigation. DLA does NOT want the FBI looking into the “Prime Vendor Program” and the people running it in Philadelphia because therein exist the accomplices that make it possible for companies like PWC/Agility to rip-off the American Taxpayers for so much money on a systematic basis: People like Gary Shifton, Linda Sandoli and Paul Zebrowski. Oh, and Alan Estevez the Deputy Assistant Secretary of Defense who oversees DLA and who fixes lots of contracts for his friends….like his GREAT friend Maj. Gen. Daniel Mongeon (ret.) the President of PWC/Agility and former Commander of the Defense Supply Center Philadelphia.

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Four-Day School Weeks Gaining Popularity During Downturn

June 4, 2010

FORT VALLEY, Ga. — During the school year, Mondays in this rural Georgia community are for video games, trips to grandma’s house and hanging out at the neighborhood community center. Don’t bother showing up for school. The doors are locked and the lights are off. Peach County is one of more than 120 school districts across the country where students attend school just four days a week, a cost-saving tactic gaining popularity among cash-strapped districts struggling to make ends meet. The 4,000-student district started shaving a day off its weekly school calendar last year to help fill a $1 million budget shortfall. It was that or lay off 39 teachers the week before school started, said Superintendent Susan Clark. “We’re treading water,” Clark said as she stood outside the headquarters of her seven-school district. “There was nothing else for us to do.” The results? Test scores went up. So did attendance – for both students and teachers. The district is spending one-third of what it once did on substitute teachers, Clark said. And the graduation rate likely will be more than 80 percent for the first time in years, Clark said. The four days that students are in school are slightly longer and more crowded with classes and activities. After school, students can get tutoring in subjects where they’re struggling. On their off day, students who don’t have other options attend “Monday care” at area churches and the local Boys & Girls Club, where tutors are also available to help with homework. The programs generally cost a few dollars a day per student. Experts say research is scant on the effect of a four-day school week on student performance. In fact, there is mostly just anecdotal evidence in reports on the trend with little scientific data to back up what many districts say, said University of Southern Maine researcher Christine Donis-Keller. “The broadest conclusion you can draw is that it doesn’t hurt academics,” said Donis-Keller, who is with the university’s Center for Education Policy, Applied Research and Evaluation. Many districts that have the shortened schedule say they’ve seen students who are less tired and more focused, which has helped raise test scores and attendance. But others say that not only did they not save a substantial amount of money by being off an extra day, they also saw students struggle because they weren’t in class enough and didn’t have enough contact with teachers. The school district in Marlow, Okla., is switching back to a five-day week after administrators decided students were not being served well by attending school only four days. The 440-student district tried the shorter week the spring semester this year to save $25,000 in operation costs. “It was harder on the teachers. We were asking the kids to move at a quicker pace,” said district Superintendent Bennie Newton. “We’re hoping the four-day week won’t come into play next year.” The move by Peach County in Georgia gets mixed reviews. Parents like Heather Bradshaw worry that their children are getting shortchanged on time with teachers. “I don’t feel like they’re having the necessary time in the classroom,” said Bradshaw, a single mother with a fourth-grade son at one of the county’s three elementary schools. “The schedule has slowed him down.” Other parents prefer the shorter schedule and don’t mind the hassle of finding a babysitter one day a week. “It makes the children’s weekend a little better, so they get more rest,” said LaKeisha Johnson, who sends her fourth-grade daughter to the Boys & Girls Club on Mondays. The trend of four-day school weeks started in New Mexico during the oil crisis of the 1970s and has been popular in rural states where students have to commute a long way. Other districts have used it as a way to try to fix schools with a long history of poor student performance by shaking up the schedule and giving children more time to study outside of school. Georgia, Oklahoma and Maine have changed their laws in the last couple of years to allow districts to count their school year by hours rather than days, allowing for a four-day week if needed. Hawaii schools were off every other Friday this year for schools to save money, giving them the state with the shortest school year in the country. From California to Minnesota to New York, districts – mostly small, rural ones with less than 5,000 students – are following the trend, hoping to rescue their bleeding budgets. For Peach County, the four-day week was enough of a success that the school district is trying it again next year, Clark said. The move saves $400,000 annually and is popular among teachers and students because they get extra rest, she said “Teachers tell me they are much more focused because they’ve had time to prepare. They don’t have kids sleeping in class on Tuesday,” she said. “Everything has taken on a laser-light focus.” ___ Online: Peach County Schools: http://www.peachschools.org/

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Nissan, Hyundai Lead Asian Carmakers’ May U.S. Sales Gains on Incentives

June 2, 2010

By Alan Ohnsman June 3 (Bloomberg) — Nissan Motor Co. and Hyundai Motor Co. led U.S. sales gains in May for the biggest Asia-based automakers as improving consumer confidence helped sustain a recovery in demand. Nissan, Japan’s third-largest automaker, yesterday reported a 24 percent increase from a year earlier, while Seoul-based Hyundai said its sales rose 33 percent. Toyota Motor Corp. , the world’s biggest automaker, posted a 6.7 percent gain and Honda Motor Co. ’s were up 19 percent. “Nissan and Hyundai have been judicious with their use of incentives,” with the South Korean automaker’s sales increase led by the Sonata sedan, said James Bell , executive market analyst for Kelley Blue Book in Irvine, California. “These great percentage gains are also in light of the depths of despair we were at a year ago.” U.S. auto sales rose 19 percent last month as consumers returned to dealer lots after 2009’s recession triggered the weakest market in decades. Consumer confidence in May rose to the highest level since March 2008, based on the Conference Board’s index . Asian carmakers lost ground to U.S.-based competitors, with 45.1 percent of the market in May compared with 47.2 percent for General Motors Co., Ford Motor Co. and Chrysler Group LLC. Sales rose 17 percent at GM, 22 percent at Ford and 33 percent at Chrysler. Toyota Toyota sold 162,813 Toyota, Lexus and Scion vehicles, an increase from 152,583 a year earlier. The Toyota City, Japan- based company’s U.S. market share fell 1.7 percentage points to 14.8 percent, according to Autodata Corp., as its growth trailed the industry’s for the month. Toyota added no-interest loans and discounted leases on most of its top-selling U.S. models to spur sales in April and May after record recalls related to unintended acceleration. Bob Carter , U.S. vice president of Toyota-brand sales, said in a conference call yesterday that the company is extending no- interest loans to 2011 Camry sedans, Corolla and Matrix small cars, RAV4 sport-utility vehicles and some versions of its Tundra pickup. The automaker will also continue to provide two years of no-cost maintenance on all new Toyotas, he said. Toyota in U.S. advertising this month plans to start promoting the “Star Safety System” that’s being added to all 2011 models, Carter said. Honda, Nissan Honda, Japan’s second-largest automaker, said its sales rose to 117,173 Honda and Acura vehicles, from 98,344. The Tokyo-based company benefited from demand for Accord sedans, Civic small cars and CR-V and Pilot SUVs. Honda’s market share for May was unchanged at 10.6 percent, according to Autodata. Nissan reported sales of 83,764 Nissan and Infiniti vehicles, an increase from 67,489. The Yokohama, Japan-based company’s gains were led by the Altima sedan, Cube wagon, Sentra and Versa small cars and compact Rogue crossover, said Al Castignetti , vice president of U.S. sales. “We’re starting to see some relaxation of credit terms, so it seems it was getting easier for customers to get financing,” Castignetti said yesterday in an interview. “The market is continuing to come back.” Nissan’s market share rose 0.3 point in May to 7.6 percent, Autodata said. Toyota’s American depositary receipts gained 53 cents to $72.05 yesterday in New York Stock Exchange composite trading . Honda’s ADRs rose 16 cents to $30.20 in New York, and Nissan’s advanced 2 cents to $14.23 in over-the-counter trading. Hyundai, Kia Hyundai, South Korea’s largest automaker, reported a May sales record of 49,045 vehicles, rising from 36,937 a year earlier. The revamped Sonata sedan surged 92 percent to 21,196. “The story at Hyundai is really all about natural, organic growth,” said Jesse Toprak , an analyst at TrueCar.com in Santa Monica, California. “Sonata is now a true Camry fighter. It speaks to what consumers want in a midsize sedan, in terms of design, features and price.” Hyundai’s market share grew to 4.4 percent in May, from 4 percent a year earlier, according to Autodata. Kia Motors Corp. , Hyundai’s affiliate, also posted a May record, with a 21 percent advance to 31,431 vehicles from 26,060. The Seoul-based company was helped by the new Sorento SUV that it began building in West Point, Georgia, this year. To contact the reporter on this story: Alan Ohnsman in Los Angeles at aohnsman@bloomberg.net

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Nissan, Hyundai Lead Asian Carmakers’ May U.S. Sales Gains on Incentives

June 2, 2010

By Alan Ohnsman June 3 (Bloomberg) — Nissan Motor Co. and Hyundai Motor Co. led U.S. sales gains in May for the biggest Asia-based automakers as improving consumer confidence helped sustain a recovery in demand. Nissan, Japan’s third-largest automaker, yesterday reported a 24 percent increase from a year earlier, while Seoul-based Hyundai said its sales rose 33 percent. Toyota Motor Corp. , the world’s biggest automaker, posted a 6.7 percent gain and Honda Motor Co. ’s were up 19 percent. “Nissan and Hyundai have been judicious with their use of incentives,” with the South Korean automaker’s sales increase led by the Sonata sedan, said James Bell , executive market analyst for Kelley Blue Book in Irvine, California. “These great percentage gains are also in light of the depths of despair we were at a year ago.” U.S. auto sales rose 19 percent last month as consumers returned to dealer lots after 2009’s recession triggered the weakest market in decades. Consumer confidence in May rose to the highest level since March 2008, based on the Conference Board’s index . Asian carmakers lost ground to U.S.-based competitors, with 45.1 percent of the market in May compared with 47.2 percent for General Motors Co., Ford Motor Co. and Chrysler Group LLC. Sales rose 17 percent at GM, 22 percent at Ford and 33 percent at Chrysler. Toyota Toyota sold 162,813 Toyota, Lexus and Scion vehicles, an increase from 152,583 a year earlier. The Toyota City, Japan- based company’s U.S. market share fell 1.7 percentage points to 14.8 percent, according to Autodata Corp., as its growth trailed the industry’s for the month. Toyota added no-interest loans and discounted leases on most of its top-selling U.S. models to spur sales in April and May after record recalls related to unintended acceleration. Bob Carter , U.S. vice president of Toyota-brand sales, said in a conference call yesterday that the company is extending no- interest loans to 2011 Camry sedans, Corolla and Matrix small cars, RAV4 sport-utility vehicles and some versions of its Tundra pickup. The automaker will also continue to provide two years of no-cost maintenance on all new Toyotas, he said. Toyota in U.S. advertising this month plans to start promoting the “Star Safety System” that’s being added to all 2011 models, Carter said. Honda, Nissan Honda, Japan’s second-largest automaker, said its sales rose to 117,173 Honda and Acura vehicles, from 98,344. The Tokyo-based company benefited from demand for Accord sedans, Civic small cars and CR-V and Pilot SUVs. Honda’s market share for May was unchanged at 10.6 percent, according to Autodata. Nissan reported sales of 83,764 Nissan and Infiniti vehicles, an increase from 67,489. The Yokohama, Japan-based company’s gains were led by the Altima sedan, Cube wagon, Sentra and Versa small cars and compact Rogue crossover, said Al Castignetti , vice president of U.S. sales. “We’re starting to see some relaxation of credit terms, so it seems it was getting easier for customers to get financing,” Castignetti said yesterday in an interview. “The market is continuing to come back.” Nissan’s market share rose 0.3 point in May to 7.6 percent, Autodata said. Toyota’s American depositary receipts gained 53 cents to $72.05 yesterday in New York Stock Exchange composite trading . Honda’s ADRs rose 16 cents to $30.20 in New York, and Nissan’s advanced 2 cents to $14.23 in over-the-counter trading. Hyundai, Kia Hyundai, South Korea’s largest automaker, reported a May sales record of 49,045 vehicles, rising from 36,937 a year earlier. The revamped Sonata sedan surged 92 percent to 21,196. “The story at Hyundai is really all about natural, organic growth,” said Jesse Toprak , an analyst at TrueCar.com in Santa Monica, California. “Sonata is now a true Camry fighter. It speaks to what consumers want in a midsize sedan, in terms of design, features and price.” Hyundai’s market share grew to 4.4 percent in May, from 4 percent a year earlier, according to Autodata. Kia Motors Corp. , Hyundai’s affiliate, also posted a May record, with a 21 percent advance to 31,431 vehicles from 26,060. The Seoul-based company was helped by the new Sorento SUV that it began building in West Point, Georgia, this year. To contact the reporter on this story: Alan Ohnsman in Los Angeles at aohnsman@bloomberg.net

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Robert Reich: Why Obama Should Put BP Under Temporary Receivership

May 31, 2010

It’s time for the federal government to put BP under temporary receivership, which gives the government authority to take over BP’s operations in the Gulf of Mexico until the gusher is stopped. This is the only way the public will know what’s going on, be confident enough resources are being put to stopping the gusher, ensure BP’s strategy is correct, know the government has enough clout to force BP to use a different one if necessary, and be sure the president is ultimately in charge. If the government can take over giant global insurer AIG and the auto giant General Motors and replace their CEOs, in order to keep them financially solvent, it should be able to put BP’s north American operations into temporary receivership in order to stop one of the worst environmental disasters in U.S. history. The Obama administration keeps saying BP is in charge because BP has the equipment and expertise necessary to do what’s necessary. But under temporary receivership, BP would continue to have the equipment and expertise. The only difference: the firm would unambiguously be working in the public’s interest. As it is now, BP continues to be responsible primarily to its shareholders, not to the American public. As a result, the public continues to worry that a private for-profit corporation is responsible for stopping a public tragedy. Five reasons for taking such action: We are not getting the truth from BP. BP has continuously and dramatically understated size of gusher. In the last few days, BP chief Tony Hayward has tried to refute reports from scientists that vast amounts of oil from the spill are spreading underwater. Hayward says BP’s sampling shows “no evidence” oil is massing and spreading underwater across the Gulf. Yet scientists from the University of South Florida, University of Georgia, University of Southern Mississippi and other institutions say they’ve detected vast amounts of underwater oil, including an area roughly 50 miles from the spill site and as deep as 400 feet. Government must be clearly in charge of getting all the facts, not waiting for what BP decides to disclose and when. We have no way to be sure BP is devoting enough resources to stopping the gusher. BP is now saying it has no immediate way to stop up the well until August, when a new “relief” well will reach the gushing well bore, enabling its engineers to install cement plugs. August? If government were in direct control of BP’s north American assets, it would be able to devote whatever of those assets are necessary to stopping up the well right away. BP’s new strategy for stopping the gusher is highly risky. It wants to sever the leaking pipe cleanly from atop the failed blowout preventer, and then install a new cap so the escaping oil can be pumped up to a ship on the surface. But scientists say that could result in an even bigger volume of oil — as much as 20 percent more — gushing from the well. At least under government receivership, public officials would be directly accountable for weighing the advantages and disadvantages of such a strategy. As of now, company officials are doing the weighing. Which brings us to the fourth argument for temporary receivership. Right now, the U.S. government has no authority to force BP to adopt a different strategy. Saturday, Energy Secretary Steven Chu and his team of scientists essentially halted BP’s attempt to cap the spewing well with a process known as “top kill,” which injected drilling mud and other materials to try to counter the upward pressure of the oil. Apparently the Administration team was worried that the technique would worsen the leak. But under what authority did the Administration act? It has none. Asked Sunday whether U.S. officials told BP to stop the top-kill attempt, Carol Browner, the White House environmental advisor, said, “We told them of our very, very grave concerns” about the danger. Expressing grave concerns is not enough. The President needs legal authority to order BP to protect the United States. The President is not legally in charge. As long as BP is not under the direct control of the government he has no direct line of authority, and responsibility is totally confused. For example, listen for the “we” and “they” pronouns that were used by Carol Browner in response to a question on NBC’s “Meet the Press” Sunday (emphasis added): “We’re now going to move into a situation where they’re going to attempt to control the oil that’s coming out, move it to a vessel, take it onshore ….We always knew that the relief well was the permanent way to close this …. Now we move to the third option, which is to contain it. If [the new cap on the relief well is] a snug fit, then there could be very, very little oil. If they’re not able to get as snug a fit, then there could be more. We’re going to hope for the best and prepare for the worst.” When you get pronoun confusion like this, you can bet on confusion — both inside the Administration and among the public. There is no good reason why “they” are in charge of an operation of which “we” are hoping for the best and preparing for the worst. The president should temporarily take over BP’s Gulf operations. We have a national emergency on our hands. No president would allow a nuclear reactor owned by a private for-profit company to melt down in the United States while remaining under the direct control of that company. The meltdown in the Gulf is the environmental equivalent. This post originally appeared at RobertReich.org

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Harvard’s MBA Graduates Earn Most in Lifetime Among MBA Schools Surveyed

May 24, 2010

By Geoff Gloeckler May 24 (Bloomberg) — Harvard Business School is the world’s most expensive full-time MBA program, with tuition and required fees eclipsing $106,000 for two years. It pays off: Havard Business School graduates earn more money over the span of their careers than those from any other school. Harvard degree holders earn more than $3.9 million during their careers compared to $3.5 million for those from University of Pennsylvania’s Wharton school and $3.3 million for those who got their MBAs from Columbia University, reports Bloomberg BusinessWeek on its website. “It’s the trickle-down effect,” says Robert Dammon , associate dean and professor of financial economics at Carnegie Mellon University’s Tepper School of Business in Pittsburgh. “The kinds of students that the best schools attract are going to get the highest paying jobs.” With few exceptions, Dammon is correct. The top ranked–and most expensive — MBA programs produce the highest salaried grads over the span of their careers, according to research commissioned by Bloomberg BusinessWeek. For the second year, Bloomberg Businessweek asked PayScale , a company that collects salary data from individuals through online pay comparison tools, to use its database of 23,000 MBA graduates at the top 45 U.S. business schools to calculate their median cash compensation — salaries and bonuses — around graduation and after they have an average of 5, 10, 15, and 20 years of work experience in the same industry. Bloomberg Businessweek then used that data to calculate an estimate of median cash earnings over the entire 20-year span. Lifetime Earnings On average, MBAs from the top 45 business schools will make about $2.5 million in base pay and bonuses over the course of a 20-year career. There are great differences between the total compensation of the schools at the top of the list compared to those closer to the bottom, especially as MBAs move deeper into their careers. An MBA graduate from the Tippie College at The University of Iowa will earn less than half that of a graduate of Harvard, in Cambridge, Massachusetts. Newly-minted MBAs at some programs, such as Yale University in New Haven, Connecticut, earn high starting salaries, but experience a only a minimal increase over time. At other schools, like the University of Connecticut, MBA grads more than double their salaries over the 20-year timeframe. The numbers don’t include stock or options, and the pay data for some smaller schools at the 20-year mark may be based on fewer than 100 pay reports. They also do not track the same graduates over time; they reflect the experience of individuals who graduated at various points throughout the last 20 years. Highest Pay Paul R. Dorf , managing director of Compensation Resources, Inc., a consulting firm in Upper Saddle River, N.J. that specializes in executive compensation, says it’s not a surprise that the best known schools have the highest pay numbers. “The cream-of-the-crop companies hire the cream-of-the- crop grads,” Dorf says. “Someone with an MBA from Wharton not only has a better shot at getting a job, but also getting more money.” On average, graduates from the top 45 MBA programs experience a 75 percent pay increase over the 20-year span, almost identical to the U.S. median for all employees, according to PayScale data. Salaries for those from Georgia Tech and the University of Connecticut more than double two decades into their careers, and MBAs from George Washington University enjoy a 114 percent increase in salary over the span of 20 years. However, the total compensation number for George Washington graduates over that period amounts to only half of what a Harvard MBA will make. Smaller Increases On the other end of the spectrum, MBAs from the University of Michigan’s Ross School of Business only get a 32 percent pay jump, and grads from Yale, Massachusetts Institute of Technology’s Sloan School of Management, and Dartmouth College’s Tuck School of Business experience a 46 percent rise during their careers. It’s unclear why graduates from top schools might not fare as well as others over the long haul, but one possibility is that the b-school world has changed. Twenty years ago, recruiting was concentrated in a handful of schools; today companies may hire from dozens. Overall, salaries for new grads are down about three percent this year compared to 2009 thanks to the economic decline. “Being an MBA hasn’t suddenly become the same as flipping burgers at McDonald’s , but there has been a downward trend overall,” says Al Lee, director of quantitative analysis at Payscale. Lower Base Salaries This is bad news for newly-minted MBAs entering the workforce this summer, as starting at a lower base salary could have career-long repercussions. “The differences might not seem like a lot now, but over time it will be very hard to recoup that lost income,” Dorf says. “Over 20 years, the difference will grow exponentially.” At Dartmouth, starting salaries dropped 7.5 percent to $124,000 compared to last year. Similarly, at Wharton–the program with the highest average salary at graduation–the median compensation of MBA graduates fell 5.5 percent to $137,000. “These are schools known for investment banking and consulting, areas where salaries have dropped off a bit,” Lee says. The news is more positive for MBAs further along in their careers. Overall, MBA grads at the 20-year mark actually experienced a 2 percent increase in pay compared to last year. Kinds of Jobs The main pay differentiators between schools are the kinds of jobs graduates seek. At Wharton, 80 percent of MBA grads go into finance and consulting jobs at companies such as McKinsey and Bain. Similarly, 76 percent of MBA grads from Columbia get jobs in the same two industries, pushing the school’s median starting salary to $119,000. “Industry is everything,” says Andy Chan, vice president for career development at Wake Forest University. “If you look at the (mix) of industries that schools like Stanford, Harvard, and MIT send students into compared to everyone else, it accounts for the biggest difference in salary.” Graduates from Michigan’s Ross School brought home a median salary of $107,000 according to PayScale. At Michigan, almost as many students go into marketing and sales positions as finance, with large numbers of students joining companies like Amazon.com , Kraft Foods , and Procter & Gamble . Location also plays a role in the compensation differences, or, what Tepper’s Dammon calls the “New York premium.” While MBAs from Wharton and Columbia tend to flock to Wall Street, where a cost-of-living premium boosts salaries, most Ross grads stay in the Midwest. Midwest Jobs The same is true at Southern Methodist University’s Cox School of Business. While 45 percent of Cox MBAs go into finance, three out of four grads remain in the southwest, where salaries are lower than those in the northeast. At Cox, recent MBA grads earned a median salary of $77,200, significantly less than the $90,860 average median across all 45 programs. According to PayScale’s Lee, there hasn’t been a good hiring year for MBAs since 2007. There are signs of hope: nine of the 45 top MBA programs experienced small upticks in starting salaries in 2010, including Notre Dame’s Mendoza College of Business and Boston University. While the increases are only a few hundred dollars, they could mean a much larger payoff 20 years down the road. To contact the reporter on this story: Geoffrey Gloeckler in New York at ggloeckler@bloomberg.net

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Iran to set up hydropower plant in Georgia

May 23, 2010

Iran to set up hydropower plant in Georgia

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Midwest Banc’s Lender, Recipient of TARP Funds, Is Seized as 4 Banks Fail

May 15, 2010

By Dakin Campbell May 15 (Bloomberg) — Midwest Banc Holdings Inc. , recipient of $84.8 million in bailout funds from the Troubled Asset Relief Program, had its Illinois lender seized by regulators as the count of failed U.S. banks this year rose to 72. Midwest Bank and Trust, with $3.17 billion in assets and 23 retail branches, was closed yesterday by a state regulator, according to a statement on the Federal Deposit Insurance Corp. website. Firstmerit Bank of Akron, Ohio, assumed all the $2.42 billion in deposits. The U.S. Treasury Department’s stake is made up of convertible preferred shares, Midwest said in a statement on March 2. Three other banks were seized yesterday, in Georgia, Michigan and Missouri. The closings cost the FDIC’s deposit- insurance fund a total of $301.7 million, the agency said. U.S. banks are collapsing amid losses on residential and commercial real estate loans, and the FDIC’s list of “problem” lenders is the longest since 1992, at 702. FDIC Chairman Sheila Bair has said she expects failures to slow, yet still exceed last year’s total of 140. Firstmerit paid a 0.4 percent premium to the FDIC to acquire the operations of Midwest Bank and Trust. Midwest’s parent reported earlier this week that its first-quarter net loss was $107.9 million. The FDIC also received a premium for auctioning off the assets and deposits of two other banks. Ameris Bank of Moultrie, Georgia, paid a premium of 0.19 percent to acquire the $134 million in deposits at Saint Marys, Georgia-based Satilla Community Bank . It is at least the third acquisition by Ameris of a failed bank through the FDIC. The lender purchased United Security Bank in November and American United Bank in October. Southwest Community Bank of Springfield, Missouri, was also shut. Simmons First National Bank of Pine Bluff, Arkansas, paid a 0.5 percent premium for its $102.5 million in deposits. Michigan’s Bank of Ann Arbor purchased the $109.1 million in assets and $101.8 million of deposits of New Liberty Bank in Plymouth, Michigan. Bank of Ann Arbor didn’t pay a premium. To contact the reporter on this story: Dakin Campbell in San Francisco at dcampbell27@bloomberg.net

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Home Repossessions in U.S. Rise to Record, Foreclosures Fall Amid Backlog

May 13, 2010

By Dan Levy May 13 (Bloomberg) — U.S. home repossessions rose to a record level in April while foreclosure filings dropped in a sign mortgage lenders are working off a backlog of seized properties, according to RealtyTrac Inc. data. “Right now it appears that the banks are focusing on processing the loans already in foreclosure, and slowing down the initiation of new foreclosure proceedings as a way of managing inventory levels,” Rick Sharga , RealtyTrac’s executive vice president, said in an e-mail. “We’ll probably see this trend continue for a while.” A record 92,432 bank repossessions were reported in April, up 45 percent from a year earlier and 1 percent from March, Irvine, California-based RealtyTrac said today in a statement. Foreclosure filings, including default and auction notices, were 333,837. One out of every 387 U.S. households got a filing. Unemployment of 9.9 percent and a rising percentage of U.S. homes worth less than the mortgages on them are combining to thwart a housing recovery, according to RealtyTrac. About 5 million delinquent loans will probably end up in the foreclosure process in addition to the 1.2 million homes already taken back by lenders, Sharga said. Foreclosure filings fell 2 percent from a year earlier, the first decline since the company began issuing annual reports in January 2006. Defaults may not peak until 2011 depending on how lenders process them, Sharga said. “The underlying conditions — mostly unemployment and millions of ‘underwater’ loans — haven’t improved,” he said. ‘Very High Level’ Monthly foreclosure filings will remain “at a very high level that will not drop off in the near future,” James J. Saccacio , RealtyTrac’s chief executive officer, said in the statement. April marked the 14th straight month that foreclosure filings exceeded 300,000. More than a fifth of U.S. mortgage holders owed more than their homes were worth in the first quarter, according to Zillow.com . The proportion rose to 23 percent from 21 percent in the previous quarter, the Seattle-based property service said this month. Home prices may fall as much as 5 percent through the first quarter of 2011, according to forecasts from IHS Global Insight of Lexington, Massachusetts. Still, economist Patrick Newport said foreclosures may not get much worse. “The key thing is fewer problem loans are going into the pipeline,” he said. Defaults Drop Default notices went to 103,762 properties, down 27 percent from April 2009 — the peak month with 142,000 — and down 12 percent from March, RealtyTrac said. The numbers show fewer properties entering the foreclosure process as those that fell into delinquency earlier in the housing crisis finished the legal cycle. Nevada had the highest foreclosure rate for the 40th straight month. One in every 69 households got a notice, more than five times the national average. Bank seizures rose 57 percent from a year earlier and filings were little changed, RealtyTrac said. Arizona had the second-highest rate, at one in 169 households, or more than twice the U.S. average. Filings fell 1 percent from a year earlier. Florida ranked third, with one in 182 households. Filings there dropped 25 percent. California had the fourth-highest rate, at one in 192 households, and Utah was fifth at one in 221, RealtyTrac said. Idaho, Michigan, Illinois, Georgia and Colorado also ranked among the 10 highest rates. Five States Five states accounted for more than half the total filings in the U.S., led by California’s 69,725. That was down 28 percent from a year earlier and 25 percent from March. Florida ranked second with 48,384 filings, down 25 percent from April 2009 and 18 percent from March. Michigan was third at 19,173, a 77 percent increase from a year earlier. Illinois had 18,870 filings and Nevada had 16,217. Arizona, Georgia, Texas, Ohio and Virginia rounded out the top 10, RealtyTrac said. The company sells default data collected from more than 2,200 counties representing 90 percent of the U.S. population. —With assistance from Timothy R. Homan in Washington. Editors: Sharon L. Lynch , Josh Friedman To contact the reporter on this story: Dan Levy in San Francisco at dlevy13@bloomberg.net .

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Foreclosures in U.S. Rise to Record in Signal Seizures Won’t Drop Off Soon

May 12, 2010

By Dan Levy May 13 (Bloomberg) — U.S. home repossessions set a record in April while foreclosure filings dropped for the first time in four years, a sign lenders may be delaying new default actions as they seize properties, RealtyTrac Inc. said. “Right now it appears that the banks are focusing on processing the loans already in foreclosure, and slowing down the initiation of new foreclosure proceedings as a way of managing inventory levels,” Rick Sharga , RealtyTrac’s executive vice president, said in an e-mail. “We’ll probably see this trend continue for a while.” A record 92,432 bank repossessions were reported in April, up 45 percent from a year earlier and 1 percent from March, Irvine, California-based RealtyTrac said today in a statement. Foreclosure filings, including default and auction notices, were 333,837. One out of every 387 U.S. households got a filing. Unemployment of 9.9 percent and a rising percentage of U.S. homes worth less than the mortgages on them are combining to thwart a housing recovery, according to RealtyTrac. About 5 million delinquent loans will probably end up in the foreclosure process in addition to the 1.2 million homes already taken back by lenders, Sharga said. Foreclosure filings fell 2 percent from a year earlier, the first decline since the company began issuing annual reports in January 2006. Defaults may not peak until 2011 depending on how lenders process them, Sharga said. “The underlying conditions — mostly unemployment and millions of ‘underwater’ loans — haven’t improved,” he said. ‘Very High Level’ Monthly foreclosure filings will remain “at a very high level that will not drop off in the near future,” James J. Saccacio , RealtyTrac’s chief executive officer, said in the statement. April marked the 14th straight month that foreclosure filings exceeded 300,000. More than a fifth of U.S. mortgage holders owed more than their homes were worth in the first quarter, according to Zillow.com . The proportion rose to 23 percent from 21 percent in the previous quarter, the Seattle-based property service said this month. Home prices may fall as much as 5 percent through the first quarter of 2011, according to forecasts from IHS Global Insight of Lexington, Massachusetts. Still, economist Patrick Newport said foreclosures may not get much worse. “The key thing is fewer problem loans are going into the pipeline,” he said. Defaults Drop Default notices went to 103,762 properties, down 27 percent from April 2009 — the peak month with 142,000 — and down 12 percent from March, RealtyTrac said. The numbers show fewer properties entering the foreclosure process as those that fell into delinquency earlier in the housing crisis finished the legal cycle. Nevada had the highest foreclosure rate for the 40th straight month. One in every 69 households got a notice, more than five times the national average. Bank seizures rose 57 percent from a year earlier and filings were little changed, RealtyTrac said. Arizona had the second-highest rate, at one in 169 households, or more than twice the U.S. average. Filings fell 1 percent from a year earlier. Florida ranked third, with one in 182 households. Filings there dropped 25 percent. California had the fourth-highest rate, at one in 192 households, and Utah was fifth at one in 221, RealtyTrac said. Idaho, Michigan, Illinois, Georgia and Colorado also ranked among the 10 highest rates. Five States Five states accounted for more than half the total filings in the U.S., led by California’s 69,725. That was down 28 percent from a year earlier and 25 percent from March. Florida ranked second with 48,384 filings, down 25 percent from April 2009 and 18 percent from March. Michigan was third at 19,173, a 77 percent increase from a year earlier. Illinois had 18,870 filings and Nevada had 16,217. Arizona, Georgia, Texas, Ohio and Virginia rounded out the top 10, RealtyTrac said. The company sells default data collected from more than 2,200 counties representing 90 percent of the U.S. population. —With assistance from Timothy R. Homan in Washington. Editors: Sharon L. Lynch , Josh Friedman To contact the reporter on this story: Dan Levy in San Francisco at dlevy13@bloomberg.net .

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Microsoft Must `Raise Game’ on Piracy, Enforcement Chief David Finn Says

May 5, 2010

By Matthew Campbell May 5 (Bloomberg) — Microsoft Corp. is finding some software pirates remain “one step ahead” of its efforts to clamp down on fake or corrupted programs, the company’s anti- piracy enforcement chief said. The world’s largest software producer’s anti-piracy efforts are hampered by programs that are difficult to distinguish from genuine products, David Finn , associate general counsel for anti-piracy, said by phone. That problem may be exacerbated by the spread of cloud computing, whereby programs are hosted on the Web rather than on users’ hard drives, he said. The monetary value of unlicensed software worldwide grew by 5 percent to $50.2 billion in 2008, with the most widespread piracy in countries including Armenia, Bangladesh, and Georgia, according to data from Interactive Data Corp. and the Business Software Alliance. Increases in theft are being driven by faster growth of software in high-piracy emerging markets, they said. While Redmond, Washington-based Microsoft has succeeded in combating some groups, “unfortunately some of the other gangs are one step ahead of us,” Finn said. “As they get smarter and as the ways of avoiding detection get more elaborate, we have to raise our game.” Last year, Microsoft joined software companies including Symantec Corp . in asking the U.S. government to demand that China curb software piracy. In 2006, the Chinese government pledged to ensure that all government computers used only genuine software, a promise the companies said had not yielded many results. The rising popularity of cloud services will “make our job tougher” as more programs are hosted and used exclusively online, Finn said. Microsoft is competing with rivals including Google Inc. to offer Internet-based email, word processing and calendar software. To contact the reporter on this story: Matthew Campbell in Paris via mcampbell39@bloomberg.net .

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Help-Wanted Ads on Internet Jump to Highest Level Since 2008 as U.S. Mends

May 3, 2010

By Timothy R. Homan May 3 (Bloomberg) — The number of jobs advertised on the Internet in April jumped to the highest level since November 2008, a sign the labor market is on the mend. There were 4.15 million help-wanted ads posted online, up 222,700, or 5.7 percent, from 3.93 million in March, according to figures from the Conference Board, a New York-based private research group. All four regions of the U.S. and all 22 industry categories registered gains last month. Companies are boosting staff to meet rising demand as consumers and businesses spend more. Economists surveyed by Bloomberg News anticipate the government’s report May 7 will show payrolls increased again last month in part due to temporary hiring by the federal government to conduct the 2010 census, and the unemployment rate held at 9.7 percent. “Employers are looking to restock labor as the economic recovery broadens out,” Jonathan Basile , an economist at Credit Suisse in New York, said today in a note to clients after the report. “This isn’t just a temporary Census workers story.” The gain in ads last month was led by the South, with Texas and Georgia showing the biggest increases in demand for workers in the region. New York had the biggest advance among all states by adding 23,600 ads, while Florida was the only state with a month-over-month decrease. Management positions showed the biggest jump in openings among industries, followed by workers in computer and mathematical science, the report showed. To contact the reporter on this story: Timothy R. Homan in Washington at thoman1@bloomberg.net

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More Than a Million May Lose Jobless Aid As Congress Seeks Spending Curbs

April 29, 2010

By Brian Faler April 29 (Bloomberg) — Since the U.S. recession began in December 2007, Congress has extended the duration of weekly unemployment benefits for the jobless three times. Now, the lawmakers may have reached their limit. They are quietly drawing the line at 99 weeks of aid, a mark that hundreds of thousands of Americans have already reached. In coming months, the number of those who will receive their final government check is projected to top 1 million. It’s a deadline that has rarely been mentioned in recent debates over jobless benefits , in which Republicans have delayed aid because of cost concerns. The deadline hasn’t been lost on Teauna Stephney, a 39-year-old single mother from Bothell, Washington, who said she could become homeless once her $407 weekly checks stop in June. “What are people like me supposed to do?” said Stephney, who said almost two years of benefits haven’t proved long enough for her to find work after she lost her last job in August 2008. Referring to lawmakers, she said, “I would like them to come and talk to me and spend a day in my shoes.” Democrats who have pushed through the past extensions agree there’s insufficient backing to go beyond 99 weeks, largely because of mounting concern over the federal deficit , projected to reach $1.5 trillion this year. “You can’t go on forever,” said Senate Finance Committee Chairman Max Baucus , of Montana, whose panel oversees the benefits program. “I think 99 weeks is sufficient,” he said. “There’s just been no discussion to go beyond that,” said Senator Byron Dorgan , a North Dakota Democrat. ‘Damned If They Do’ Allowing the ranks of those who lose their aid to swell carries risks for Democrats in November’s elections. “They’re damned if they do and damned if they don’t,” said Stuart Rothenberg , publisher of the Rothenberg Political Report. Voters are “sensitive these days to spending and deficit issues and yet there are going to be people who need help, and if the administration ignores them, they’ll look rather callous.” Baucus said extension legislation would fail in the Senate because of both the deficit and the negative “atmospherics” of lengthening the weeks of aid into triple digits. “The best thing to do is get this economy turned around” to create jobs, said Baucus. Unemployment aid has become one of the federal budget’s fastest-growing components, with costs this year likely to reach $200 billion. That’s six times what was typically spent before the recession. Previous Extensions Since the recession began, aid extensions added 53 weeks of assistance to the 46 weeks that had been in place. About 11 million Americans, roughly 70 percent of the nation’s jobless, in March received unemployment checks averaging $320 per week. The challenge for lawmakers is that while benefits have reached record lengths, so has long-term unemployment. According to the Bureau of Labor Statistics , 44 percent of the jobless have been out of work for at least six months, the biggest share since the government began keeping track in 1948. About 3.4 million Americans have been out of work for more than a year, according to a study by the Pew Fiscal Analysis Initiative . The states, not the federal government, track how many exhaust their unemployment benefits, said U.S. Labor Department spokesman Matthew Wald. State Figures Interviews with state officials found that in New York, 57,000 people have received their last check. In Florida, 130,000 are no longer eligible as are about 30,000 Ohioans. Those numbers will grow, according to Goldman Sachs Group Inc ., which projects that more than 400,000 may soon begin losing benefits every month. “The political climate is not as conducive to additional expansions as it had been last year,” a Goldman analysis said. “The result is likely to be a greater share of unemployed workers not receiving unemployment compensation.” Democrats have struggled to pass legislation just to maintain current benefits over Republican objections about adding to the deficit. Benefits have been interrupted twice because of efforts by Republican Senators Jim Bunning , of Kentucky, and Tom Coburn , of Oklahoma. Some Republicans say cutting off aid will spur people to find work. “We have study after study that shows people are more anxious to get a job after they run out of benefits,” said Representative John Linder of Georgia, the top Republican on the Ways and Means subcommittee with jurisdiction over the unemployment program. “Continuing to extend this isn’t helping them or us.” Eligibility Issue President Barack Obama signed into law this month a measure extending until June the date by which individuals can qualify for 99 weeks of aid, a move designed to buy lawmakers time while negotiating a bill that would continue such eligibility through year’s end. That won’t help people like Stephney. And Representative Jim McDermott , a Washington Democrat who supports another extension of benefits, said there’s so little support for the idea that he hasn’t bothered to introduce legislation. “What happens to these families when they have no money for food, no money for their rent and no money for their health care?” said McDermott. “It’s a problem that nobody around here wants to talk about.” To contact the reporter on this story: Brian Faler in Washington at bfaler@bloomberg.net

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Senators Seek to Salvage Climate-Change Measure in Feud Over Immigration

April 26, 2010

By Kim Chipman April 26 (Bloomberg) — The fate of climate-change legislation is being weighed at the Capitol today by senators seeking to salvage a proposal aimed at fighting global warming and remaking the U.S. energy economy. The measure sponsored by Senators Lindsey Graham , John Kerry and Joseph Lieberman was to be made public today until Republican Graham pulled out to protest that the Obama administration and Senate Democratic leaders may act first to overhaul immigration laws. The three senators will meet today to discuss how to proceed, according to Lieberman spokesman Marshall Wittmann . “Any and all reports of the demise of energy legislation are greatly exaggerated,” Wittmann said in an e-mailed statement. “Not only is this bill very much alive but the senators are aggressively moving forward to remove any obstacles to getting it passed this year.” The dispute over the climate-change measure’s timing in Congress concerns how many politically divisive issues lawmakers are able or willing to tackle in coming months, as their attention turns increasingly to the November midterm elections. The overhaul of the U.S. health-care system dominated the first year of President Barack Obama ’s administration, and the Senate is now debating financial regulatory legislation. Graham of South Carolina has been working for more than six months with Kerry, a Massachusetts Democrat, and Lieberman, a Connecticut independent, on a compromise bill to cap greenhouse- gas pollution and develop new energy resources. ‘Cynical Ploy’ Senate Democratic leaders and Obama want to put immigration ahead of energy legislation as part of a “cynical ploy” to win votes for Democrats in the November elections, Graham said in an April 24 letter to groups including business leaders and environmentalists. “I deeply regret that election-year politics will impede, if not derail, our efforts to make our nation energy- independent,” Graham said. The senators plan to send their bill to the Environmental Protection Agency today for analysis, according to Wittmann. Senate Majority Leader Harry Reid has said an EPA study will be completed before the measure is brought before the Senate. “Since it will take EPA about five weeks they ought to get started,” said Joseph Romm , a senior fellow at the Center for American Progress, a public-policy group in Washington that advises Democrats. Obama had told his Economic Advisory Board on April 17, “The financial regulatory reform will take several more weeks and then we’ll probably be transitioning next to look at on what can be done on the energy front.” Immigration Overhaul The president pressed anew last week for an overhaul of U.S. immigration policy, and Democratic congressional leaders said that legislation may advance this year if Reid can gain enough support. Calls to revamp federal immigration law grew as Arizona enacted a law last week requiring police to determine the immigration status of anyone an officer suspects is in the country without proper documentation. Inaction in Washington will lead to “misguided” efforts such as the Arizona measure, Obama said April 23. White House economic adviser Lawrence Summers said yesterday that both immigration and climate-change should be acted on, sidestepping the question of which issue Congress should take up next. “They are both important,” Summers said on the CBS program “Face the Nation.” “There is no either-or between energy and immigration reform.” Up to Reid Summers said it’s up to Reid, “for whatever reasons he has,” to set the Senate’s legislative calendar. Reid, a Nevada Democrat facing re-election in November, said immigration and energy legislation are “equally vital” to the nation’s economic and national security and have been “ignored too long.” “Energy could be next if it’s ready,” he said in an April 24 statement. “I have also said we will try to pass comprehensive immigration reform.” The last try at revamping the law to create a guest worker program and provide a path to citizenship for some of those living in the U.S. illegally was in 2007. That was blocked amid opposition from Republicans and some Democrats. Graham, along with Democratic Senator Charles Schumer of New York, has worked to come up with a framework for legislation that can win bipartisan support. Not the ‘Right Time’ Senate Republican Leader Mitch McConnell said Congress shouldn’t try to overhaul immigration laws this year. “I just don’t think this is the right time,” McConnell of Kentucky said yesterday on “ Fox News Sunday .” Senator Saxby Chambliss , a Georgia Republican, said the Senate shouldn’t consider either climate change or immigration legislation. “I’m not sure how we can justify bringing either one of them up right now,” Chambliss said yesterday on CNN’s “State of the Union” program. Instead, the chamber should focus on spending bills, he said. Kerry, Graham and Lieberman had planned to unveil today a scaled-back version of “cap-and-trade” legislation passed by the House last year. The House measure would limit carbon emissions throughout the economy, establishing an emissions- trading market in pollution allowances. Critics such as billionaire investor Warren Buffett said that would amount to a burdensome energy tax on consumers. Utility Carbon-Trading The senators’ compromise would initially provide carbon trading solely for utilities, with manufacturers added later. Oil companies would get free allowances that would expire by a certain date. The measure also would provide for expanded offshore oil and gas drilling and incentives for nuclear power and “clean-coal” technology. Their proposed legislation already had won support from utilities such as Exelon Corp. , and people close to the matter said last week that oil companies including ConocoPhillips were prepared to sign on. The senators’ compromise, which would start taking effect in 2013, would require a 17 percent reduction in U.S. carbon emissions by 2020 and an 80 percent cut by 2050, according to people familiar with the legislation. To contact the reporter on this story: Kim Chipman in Washington at kchipman@bloomberg.net

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Giannoulias to Move `Forward’ for Obama’s Senate Seat After Bank Failure

April 23, 2010

By John McCormick April 24 (Bloomberg) — U.S. Senate candidate Alexi Giannoulias , the Democratic candidate seeking the seat once held by President Barack Obama in Illinois, vowed to press on with his campaign after regulators seized the bank his family owns. “My campaign for the United States Senate goes forward, with a renewed determination to turn Illinois’s economy around and to fix what’s broken in Washington, D.C.,” Giannoulias said. Broadway Bank had been operating since January under terms of a consent order with the Federal Deposit Insurance Corp. because of commercial real-estate loan losses. “Unlike the big Wall Street banks, there was no bailout for my father’s bank,” Giannoulias said, fighting back tears at a news conference at a Chicago hotel yesterday. “It is an incredibly sad and heartbreaking day for me and for my family.” The bank, whose profits helped finance and provide credibility to Giannoulias’s successful 2006 state treasurer bid, has shaped a contest for a seat Democrats have unexpectedly found themselves defending and one that will help determine whether Obama’s party keeps its Senate majority. Republican nominee Mark Kirk , 50, a five-term congressman from Chicago’s northern suburbs, has repeatedly suggested Giannoulias, 34, exercised bad judgment while working at the bank from 2002 through 2006 as a senior loan officer and vice president. ‘Risky Lending Schemes’ “While years of risky lending schemes, hot money investments and loans to organized crime led to today’s failure, it’s a sad day for Broadway Bank employees who may lose their jobs due to Mr. Giannoulias’ reckless business practices,” Kirk’s campaign said in a statement. Giannoulias said the race would offer a choice between “someone who has been in Washington for decades” and “someone who understands firsthand the impact this economy has had on families across Illinois.” The bank, one of seven in Illinois closed yesterday, was acquired by MB Financial Bank, a subsidiary of Chicago-based MB Financial Inc. , the company said in a news release. The bank will re-open today under the new ownership, the FDIC said in a news release. “What happened today makes me want to fight even harder,” Giannoulias said yesterday. “I have a renewed vigor, and a new perspective, on just how horrible it is out there for so many people.” Kirk is drawing stronger financial support among political donors, raising $2.2 million in the first quarter of the year, compared with $1.2 million for Giannoulias. Expecting Support Giannoulias said he expects support from the White House, although stopped short of saying he had commitments for such things as fundraising help. “I can’t tell you what date they are coming and what they’re going to be doing exactly, but they’re supportive,” he said. “They’re going to come and campaign for me and all Democrats.” “The president intends to help Democratic candidates in Illinois up and down the ballot,” Matt Lehrich, a White House spokesman, said in a statement yesterday. Giannoulias, who first met the president through basketball, helped Obama tap Chicago’s Greek-American community for contributions during his Senate and presidential bids. While the broader economy shows signs of improvement, some community banks continue to struggle, collapsing nationwide amid losses on residential and commercial real-estate loans. Problem Banks U.S. banks with problems climbed to the highest level since 1992 in the fourth quarter, and FDIC Chairman Sheila Bair warned Feb. 23 that 2010 failures may exceed last year’s total of 140. From Oct. 1, 2000, through April 20, 2010, Georgia ranked first among U.S. states for the most bank failures, according to FDIC data . Illinois and Florida tied for second. Broadway Bank, which had $1.2 billion in assets and about 60 employees as of Dec. 31, operated four branches in Chicago. The Illinois race is one of nine Senate contests rated as a “toss-up” by the non-partisan Cook Political Report , based in Washington. The president is scheduled to visit Illinois next week, though no appearances are planned with Giannoulias. Giannoulias said he wouldn’t apply for a provision that could have yielded him a tax windfall from the bank’s closing. “My family will be taking a massive financial loss,” he said. Some Broadway Bank loans have drawn notice, including those made to Michael Giorango, a convicted bookmaker and prostitution-ring promoter. The bank also made loans to convicted Illinois influence peddler Antoin “Tony” Rezko and a family accused of having connections to organized crime. Donor Troubles In March, a Chicago restaurateur who gave more than $100,000 to Giannoulias — and $4,600 to Obama — was charged with defrauding banks by writing $1.8 million in bad checks. Seeking to distance himself from the bank’s problems, Giannoulias has said that 9 percent of about $240 million in non-performing assets on the bank’s books originated while he was there. The bank, owned by three brothers and their mother, was founded in 1979 by Alexis Giannoulias, the candidate’s late father. Obama’s 2004 U.S. Senate campaign committee banked there. Asked earlier in the day yesterday what the bank’s closing would mean for the race, Giannoulias’s campaign chairman said plenty of time remains before the November election. “It is early in the campaign,” said Senator Dick Durbin , an Illinois Democrat. To contact the reporters on this story: John McCormick in Chicago at jmccormick16@bloomberg.net ;

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Obama Says He’ll Announce Supreme Court Nominee by May to Replace Stevens

April 21, 2010

By Roger Runningen April 21 (Bloomberg) — President Barack Obama said he will announce a nominee to replace retiring Supreme Court Justice John Paul Stevens by next month and that he’ll seek a candidate who values individual rights and privacy when ruling on cases. Obama said he’s confident the nomination will go through the Senate confirmation process in time to have Stevens’s successor in place when the court begins its next term in October. The president, repeating the stand of his predecessors, said he won’t have any “litmus tests” on abortion rights. “But I will say that I want somebody who is going to be interpreting our Constitution in a way that takes into account individual rights, and that includes women’s rights,” he said. “That’s going to be something that’s very important to me.” Obama discussed the high court vacancy at the White House today with Vermont Senator Patrick Leahy , the Democrat who heads the Judiciary Committee, and Alabama Senator Jeff Sessions , the senior Republican on the panel. Senate Majority Leader Harry Reid of Nevada and Minority Leader Mitch McConnell of Kentucky also attended the Oval Office meeting. They will be at the forefront of the confirmation process. Reid said afterward that “there was a really good tone set” during the session. He and Leahy said they have suggested names for potential justices to the president while declining to name anyone publicly. They said no individuals were discussed in the meeting. Talking With Candidates Stevens, 90, announced April 9 that he will retire at the end of the court’s term this summer. The president already has begun talking with and vetting potential nominees for the high court, White House press secretary Robert Gibbs said today. Obama said whoever replaces Stevens will have “some tough shoes to fill.” The Supreme Court term begins on the first Monday in October. Obama nominated Sonia Sotomayor to succeed Justice David Souter on May 26 last year and she was confirmed Aug. 6. “We are certainly going to meet that deadline” and may accelerate it “a little bit” to give the Senate more time, Obama said today. Sotomayor had a “smooth, civil, thoughtful nomination and confirmation process,” Obama said, and he hopes for the “exact same thing this time.” Changed Makeup Leahy said he wants Obama to choose someone who will help change the current makeup of the court, which he called “a very, very activist, conservative activist Supreme Court” that makes many decisions with a one-vote margin. “I think this does not reflect the American people, but reflects more of a partisan agenda,” Leahy said. Gibbs said the president’s advisers have been providing him with expanded lists of potential court picks that reflect diverse backgrounds. Obama said April 9 he is looking for a nominee who not only has sound judgment and is dedicated to the rule of law, but also for someone who has “a keen understanding of how the law affects the daily lives of the American people.” The nominee also must understand that in a democracy, “the powerful interests must not be allowed to drown out the voices of ordinary citizens,” he said. Leading candidates include U.S. Solicitor General Elena Kagan and federal appellate judges Diane Wood in Chicago and Merrick Garland in Washington. All were considered for the Supreme Court vacancy Obama filled last year with Sotomayor, who replaced Justice David Souter . Other potential court nominees include federal appellate judge Sidney Thomas ; Homeland Security Secretary Janet Napolitano ; Michigan Governor Jennifer Granholm ; former Georgia Chief Justice Leah Ward Sears ; and Harvard Law School Dean Martha Minow . To contact the reporters on this story: Roger Runningen in Washington at rrunningen@bloomberg.net

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Derivatives Bill Clears Senate Panel That Would Force Swaps Desk Overhaul

April 21, 2010

By Phil Mattingly April 21 (Bloomberg) — The Senate Agriculture Committee approved derivatives legislation that would require U.S. lenders such as JPMorgan Chase & Co. and Bank of America Corp. to spin off their swaps trading desks. The panel voted 13-8 to back a bill drafted by Committee Chairman Blanche Lincoln, an Arkansas Democrat. Senator Charles Grassley , an Iowa Republican, joined Democrats in approving the measure. The provision to make lenders separate swaps trading from commercial bank operations has been among the most contentious issues as lawmakers weigh new rules for Wall Street. Grassley’s vote provided a rare bipartisan sign in the Senate debate over financial-industry regulations. Grassley said his vote today doesn’t mean he supports the broader legislation sponsored by Senate Banking Committee Chairman Christopher Dodd . Dodd, a Connecticut Democrat, is negotiating a bipartisan deal on the larger bill with Alabama Senator Richard Shelby , the banking panel’s top Republican. Lincoln’s derivatives measure would be merged into the broader bill, she told reporters today. “The derivatives piece is significant, but that larger bill has a number of flaws that need to be resolved before I’d support it,” Grassley said in a statement after the vote. Lawmakers are weighing derivatives oversight after bets made by American International Group Inc. brought the New York- based insurer to the brink of failure in 2008, forcing the U.S. government to pledge more than $182 billion in assistance. Lincoln’s bill would bar companies that deal in swaps, a form of derivative, from bank privileges such as accessing the Federal Reserve’s discount lending window, emergency liquidity functions and the Federal Deposit Insurance Corp.’s deposit guarantee. ‘Small Fixes’ “This is no time for small fixes or tweaking around the edges,” she said in a statement before the vote. “This is the time for bold change and big decisions about the future of our country and the global financial system.” Lawmakers from both parties have expressed concern about the spinoff proposal and Commodity Futures Trading Commission Chairman Gary Gensler has refused to support it, saying “the Federal Reserve and the Treasury has to think through these issues.” “The Senate Agriculture Committee voted out a bipartisan bill that will bring derivatives trading out of the dark, provide strong oversight of market participants, and combat fraud, abuse and manipulation,” Treasury Secretary Timothy F. Geithner said in a statement. The spinoff provision of Lincoln’s bill would cut banks’ ability to lend and could drive derivatives markets overseas, said Kenneth E. Bentsen of the Securities Industry and Financial Markets Association, a Washington trade group. Antithetical “At a time when borrowers are already finding it difficult to obtain credit, limiting financial institutions’ ability to lend seems antithetical to the goals of comprehensive reform legislation,” Bentsen, Sifma’s executive vice president for public policy and advocacy, wrote in an April 20 letter to Lincoln and Senator Saxby Chambliss of Georgia, the Agriculture Committee’s ranking Republican. The bill would require mandatory clearing and exchange trading for standardized derivatives. Parties in over-the- counter trades would be required to put up increased capital. Chambliss said Lincoln’s bill would put undue burden on institutions such as AgriBank FCB and CoBank ACB. “All the sudden they are going to be treated like Goldman Sachs or JPMorgan,” Chambliss said. Gensler, who has advocated requiring all derivative trades be cleared and traded on exchanges, said any additional exemptions would only open doors to more. “Fundamentally the choice we’re dealing with is, every exemption from clearing makes it a little more likely that a taxpayer will have to stand behind a bailout,” Gensler said. To contact the reporter on this story: Phil Mattingly in Washington at pmattingly@bloomberg.net .

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IPOs Made in America Catching Up to China on Growing Confidence in Economy

April 21, 2010

By Michael Tsang, Inyoung Hwang and Tal Barak Harif April 21 (Bloomberg) — U.S. initial public offerings, which dried up two months ago, are now outperforming IPOs from Brazil and closing in on China. U.S. companies that sold shares this year have advanced 4.1 percentage points more in their first month of trading than Brazilian IPOs , and are trailing Chinese IPOs in Hong Kong by 4.5 points, according to data compiled by Bloomberg. Software producers DynaVox Inc. and Mitel Networks Corp. and five other companies will seek to raise $1.1 billion today, the most U.S. deals since the credit crisis began, the data show. American offerings are luring investors even as Brazil’s economy expands almost twice as fast and China grows at more than three times the pace of the U.S. They’re buying after the Standard & Poor’s 500 Index rallied to an 18-month high, $8 trillion in government support and interest rates near zero percent helped revive demand and 82 percent of S&P 500 companies posted profit that beat analysts’ estimates. “There was a dramatic change in perception,” said Thomas Caldwell , founder of Toronto-based Caldwell Financial Ltd., which oversees about $1 billion. The U.S. has “the critical components of a bull economy. So you’re naturally going to have a good IPO market because the opportunities to invest are exceptional,” he said. While demand is increasing for initial sales in the U.S., emerging markets led by Brazil, Russia, India and China may account for more than half of the $200 billion that IPOs are forecast to raise this year as growth in developing nations accelerates, according to London-based Barclays Plc. Fifth-Biggest Economy Brazilian President Luiz Inacio Lula da Silva said in October that his country will become the fifth-biggest economy in the world by 2016, leapfrogging France, the U.K. and Italy. China, the third-largest economy, grew 11.9 percent in the first quarter, the fastest pace in almost three years, according to the statistics bureau in Beijing. “I wouldn’t draw too big a conclusion and say the charm and the fundamentals of emerging markets have deteriorated,” said William Fries , a fund manager at Santa Fe, New Mexico-based Thornburg Investment Management, which oversees about $57 billion. “There’s still recognition that activity in some emerging markets, particularly places like Brazil and China, is probably going to be faster than in the U.S.” The last time seven companies in the U.S. sold shares on one day was Dec. 14, 2006, while the eight offerings for this week would be the most since December 2007, according to data compiled by Bloomberg. That’s three months before a run on New York-based Bear Stearns Cos. helped ignite the credit crisis that spurred the biggest drought in U.S. IPOs since 1995. Excel Trust, Codexis Along with DynaVox of Pittsburgh and Ottawa, Ontario-based Mitel, today’s offerings include San Diego-based Excel Trust Inc. ; Global Geophysical Services Inc. of Missouri City, Texas; Alimera Sciences Inc. in Alpharetta, Georgia; Redwood City, California-based Codexis Inc. and SPS Commerce Inc. of Minneapolis. Film Department Holdings Inc. in West Hollywood, California, may also sell shares this week, Bloomberg data show. U.S. IPOs had stumbled at the start of the year as the first 14 sales were cut by 22 percent on average and no deals were completed by American companies between Feb. 10 and March 1, the data show. Nine of the last 10 offerings have priced within or above the range sought by underwriters, as the S&P 500 reached its highest since the collapse of New York-based Lehman Brothers Holdings Inc. in September 2008. For the year, American IPOs have risen 6.3 percent on average in the first month of trading, beating gains in the S&P 500 by 3.1 percentage points, Bloomberg data show. Batista, Deripaska That exceeds the performance of IPOs in Brazil, which have posted an average advance of 2.2 percent and outpaced the country’s Bovespa index by 0.4 percentage points. OSX Brasil SA , the nation’s largest IPO this year, has fallen 24 percent since its $1.4 billion offering in March. The Rio de Janeiro-based oil-services and shipbuilding company controlled by billionaire Eike Batista cut its IPO after failing to lure enough investors to a company with no revenue or profits for its planned $5.5 billion offering. The average IPO by Chinese companies listing in Hong Kong rose 10.7 percent, outperforming the broader market by 5.7 points in the first month of trading. United Co. Rusal , 48 percent owned by billionaire Oleg Deripaska , tumbled as much as 30 percent and is now down 9.8 percent since raising $2.24 billion in January in the first Russian IPO in Hong Kong. The Hang Seng Index has gained 7.5 percent over the same span. Petrobras Offering The slowdown in emerging-market IPOs comes after companies in developing nations attracted more money from initial sales than industrialized countries last year for the first time ever. Investors in developing-nation IPOs are also preparing for what may be two of the largest equity sales on record. Petroleo Brasileiro SA , the Rio de Janeiro-based state-run oil producer, is seeking to sell as much as $25 billion in an offering to minority holders. Agricultural Bank of China, the nation’s third-largest lender by assets, plans to attempt what could be the biggest IPO in history by July, three people with knowledge of the situation said this month. The Beijing-based lender will raise at least $30 billion, the Beijing Times said last week, citing Vice President Pan Gongsheng . “There may be a little bit of a choke factor” in China, said Madelynn Matlock , the Cincinnati-based manager of the Huntington International Equity Fund at Huntington Asset Advisors, which oversees $13 billion. “In Brazil, there’s been several deals announced over the last several weeks and it may be creating a glut there as well.” ‘Aligning Right Now’ Today’s U.S. offerings come after companies from Financial Engines Inc. to MaxLinear Inc. convinced buyers to pay more than forecast for their shares. Financial Engines, the Palo Alto, California-based investment adviser co-founded by Nobel laureate William Sharpe , has climbed 35 percent since its offering last month. Carlsbad, California-based MaxLinear , which designs semiconductors that let people watch television on mobile devices, has advanced 28 percent since its IPO on March 23. The gains have exceeded those in the S&P 500 by at least 25 percentage points. “Everything is kind of aligning right now in the U.S.,” said Scott Billeadeau , who helps manage $19 billion at Fifth Third Asset Management in Minneapolis. “It’s a very good environment to bring a company with growth characteristics public.” To contact the reporters on this story: Michael Tsang in New York at mtsang1@bloomberg.net ; Inyoung Hwang in New York at ihwang7@bloomberg.net ; Tal Barak Harif in New York at tbarak@bloomberg.net .

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Brown & Brown, Inc. Promotes Linda S. Downs to Senior Executive Vice President

April 16, 2010

DAYTONA BEACH, FL and TAMPA, FL–(Marketwire – April 16, 2010) – The Board of Directors of Brown & Brown, Inc. ( NYSE : BRO ) today announced that Linda S. Downs, CPCU, has been elected as Senior Executive Vice President of the Company. Effective immediately, Ms. Downs will assume responsibility for the oversight of certain of the Company’s retail operations in Georgia, Kentucky, Illinois, Minnesota, New Jersey, Pennsylvania and Wisconsin. Additionally, she will continue to be responsible for retail operations in Delaware and South Carolina, programs operations in Florida and Missouri, and Halcyon Underwriters, Inc., a wholesale brokerage division operation in Orlando, Florida. Ms. Downs will also continue to oversee certain corporate matters, including the Corporate Benefits Department and the Company’s Leadership Schools.

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Atlantic Southern Agrees to Fed Deal To Improve CRE Lending Policies

April 14, 2010

Atlantic Southern Financial Group Inc., the holding company for Atlantic Southern Bank in Macon, GA, entered into a written agreement with the Federal Reserve Bank of Atlanta and the Georgia Department of Banking and Finance. The agreement is designed…

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Polish Pilot Given Foul-Weather Warning Before Crash That Killed Kaczynski

April 12, 2010

By Maria Levitov and Monika Rozlal April 12 (Bloomberg) — The pilot of a plane carrying Polish President Lech Kaczynski and other top officials received a foul-weather warning before it crashed in fog near Smolensk on April 10, Russian Deputy Prime Minister Sergei Ivanov said. “It’s reliably confirmed, as we suspected, that warnings of poor meteorological conditions at Severny airport and recommendations to divert to reserve airfields were not only sent, but also received,” Ivanov said in Moscow today, according to a transcript on the government’s Web site. So-called black boxes from the Tupolev Tu-154 were fully operational until the crash that killed all 96 people on board, Ivanov said. Russian and Polish investigators began analyzing voice recordings and data from them yesterday. Twenty-four crash victims have been identified, Russian Health Minister Tatyana Golikova said. The crash that took the lives of 60-year-old Kaczynski, central bank Governor Slawomir Skrzypek and leaders of the country’s main opposition parties and military, including Army Chief of Staff Franciszek Gagor, was the “most tragic” peacetime event in Poland’s history, Prime Minister Donald Tusk said in a televised speech on April 10. Kaczynski and others on the plane were heading for a commemoration of the Stalin-era massacre of thousands of Poles during World War II. Weather ‘Unfavorable’ “At this stage we can only say that weather conditions were unfavorable,” Polish Prosecutor General Andrzej Seremet told reporters in Warsaw today. “According to preliminary information, we hear that air-traffic control recommended not to land.” Seremet also said that “at the current stage of investigation we have no information that the pilot was pressured to land.” On Aug. 12, 2008, captain Grzegorz Pietruczuk flying Kaczynski to Georgia refused the president’s order to land in the capital, Tbilisi, because of the country’s military conflict with Russia, diverting instead to Azerbaijan. Kaczynski told journalists accompanying him on the Georgia flight that someone who decides to be an officer “cannot be timid,” the Gazeta Wyborcza newspaper reported the following day. To contact the reporters on this story: Maria Levitov in Moscow at mlevitov@bloomberg.net ; Monika Rozlal in Warsaw at dbartyzel@bloomberg.net

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Kaczynski Death to Aid Pro-Euro Tusk’s Grip on Poland

April 12, 2010

By David McQuaid April 12 (Bloomberg) — Polish Prime Minister Donald Tusk’s pro-euro Civic Platform party is likely to cement its grip on power in a presidential election that must now be held by June after President Lech Kaczynski died in a plane crash. Polls taken before the April 10 accident showed Civic Platform’s candidate, Bronislaw Komorowski , was running ahead of Kaczynski and other contenders in an election originally scheduled for October. The tragedy, in Smolensk, western Russia, killed all 96 passengers on route to commemorate the 70th anniversary of the massacre of thousands of Polish officers by Soviet forces. Following the crash, in which Left Democratic Alliance party candidate Jerzy Smajdzinski also died, Komorowski is left as the sole surviving contender of Poland’s three major parties. The only significant impediment to a Civic Platform victory may be the possibility of a wave of sympathy for the dead president, political commentators said, and that still probably won’t be enough to prevent Tusk extending his control over the political system. “This changes the whole political dynamic,” said Marek Matraszek, Warsaw based head of CEC Government Relations, which advises companies dealing with the government. “Does it cement Civic Platform’s dominance? That’s a very strong possibility.” With control of the government and the presidency, Tusk’s party would have more freedom to pass legislation needed to keep the budget in check and satisfy investors focused on fiscal health. ‘Hostile Figures’ Kaczynski, who over the past three years had tried to block government efforts to overhaul Poland’s debt-ridden healthcare and pension systems, was also the last EU leader besides Vaclav Klaus of the Czech Republic to sign the Lisbon Treaty, and opposed Tusk’s euro adoption goal. Kaczynski placed a euro-skeptic ally in charge of the central bank, Slawomir Skrzypek , who was also killed in the crash. “Investors viewed President Kaczynski and Skrzypek as hostile figures,” said Preston Keat , the London-based research director of Eurasia Group, a political risk consulting company. “What kept coming up in client meetings is that they were the two blocking forces to market reform.” Zloty Interventions Under Governor Skrzypek, Poland’s central bank last week intervened to cap zloty gains for the first time in 12 years. The currency is up 6 percent against the euro this year, making it eastern EU’s best performer in the period. The bank appointed Skrzypek’s deputy Piotr Wiesiolek as acting governor and will hold a meeting today to discuss how to proceed. “My sense is that the view that the zloty is appreciating too far and too fast is widely held in the central bank, so there’s no reason to believe they won’t come back into the market again next week or the week after,” said Blaise Antin , managing director of TCW Group Inc. in Los Angeles, which has $115 billion under management, including $4 billion in emerging market assets. The zloty lost as much as 0.7 percent against the euro today before recovering to trade at 3.873 at 10:04 a.m. in Warsaw. The currency will probably stabilize after investors digest the initial shock of the plane crash, Citigroup Inc. and RBC Capital said. ‘Out of the Way’ The central bank had also signaled it was deciding when to start raising interest rates from a record low 3.5 percent. “Uncertainty should be out of the way by June and we stick for now with our call of three rate hikes from July, but with risks to the downside given prospects of further intervention,” said Peter Attard Montalto , an emerging markets economist at Nomura International Plc, in a note to clients. He expects the country to join the pre-euro Exchange Rate Mechanism, a prelude to adopting the euro, in 2011. Poland abandoned its 2012 euro adoption target last July after it became clear it would miss the bloc’s fiscal targets. Tusk now says 2015 is a “realistic” date. Though polls show Komorowski was likely to win the October elections, an earlier presidential victory may allow the Civic Platform more time to push through policy changes. Longer Rule “There is now likely to be a longer period of Civic Platform presidential rule before the parliamentary elections in 2011,” Montalto said. “This should allow the privatization program, the passage of other laws and fiscal reforms to progress more smoothly through the second half before campaigning for the parliamentary elections starts next year.” Support for Civic Platform party rose to 53 percent from 50 percent, Rzeczpospolita reported on March 11. Support for Kaczynski’s Law & Justice, was unchanged at 27 percent, while the Left Democratic Alliance increased its support to 8 percent from 7 percent, according to a poll of 1,000 adults by researcher GfK Polonia. Poland, the biggest of the EU’s eastern members and the only EU economy to have avoided a contraction during the credit crisis, will post a budget deficit of 7.5 percent of gross domestic product this year, with debt of 57 percent of GDP, the European Commission estimates. Economic output will expand 3 percent in 2010 after growing 1.7 percent last year, the government estimates. Poland may also improve its ties with Russia after the disaster. Kaczynski, an advocate of extending North Atlantic Treaty Organization membership to Russia’s borders by including Georgia and Ukraine, didn’t attend an April 7 reconciliation meeting with Tusk and his Russian counterpart Vladimir Putin to mark the 1940 Katyn massacre, flying instead with his own delegation three days later. Russian Efforts Since the crash, Russia’s political leaders have taken pains to demonstrate their sympathy and assist Poland. President Dmitry Medvedev appointed Putin the head of the special commission looking into the crash and made an address to Polish citizens expressing his condolences. Today is a national day of mourning in Russia to mark the Polish deaths. “The momentum that’s been generated over the past few days is just astounding,” said Bartlomiej Sienkiewicz, who heads Othago, a Warsaw-based consultancy that helps firms do business in former Soviet Union countries. “It means the possibility of doing serious business with Russia and breaking the mold of 20 years of strained relations.” To contact the reporter on this story: David McQuaid in Warsaw dmcquaid1@bloomberg.net .

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Pro-Euro Tusk May Tighten Grip on Power in Poland After Kaczynski’s Death

April 11, 2010

By David McQuaid April 12 (Bloomberg) — Polish Prime Minister Donald Tusk’s pro-euro Civic Platform party is likely to cement its grip on power in a presidential election that must now be held by June after President Lech Kaczynski died in a plane crash. Polls taken before the April 10 accident showed Civic Platform’s candidate, Bronislaw Komorowski , was running ahead of Kaczynski and other contenders in an election originally scheduled for October. The tragedy, in Smolensk, western Russia, killed all 96 passengers on route to commemorate the 70th anniversary of the massacre of thousands of Polish officers by Soviet forces. Following the crash, in which Left Democratic Alliance party candidate Jerzy Smajdzinski also died, Komorowski is left as the sole surviving contender of Poland’s three major parties. The only significant impediment to a Civic Platform victory may be the possibility of a wave of sympathy for the dead president, political commentators said, and that still probably won’t be enough to prevent Tusk extending his control over the political system. “This changes the whole political dynamic,” said Marek Matraszek, Warsaw based head of CEC Government Relations, which advises companies dealing with the government. “Does it cement Civic Platform’s dominance? That’s a very strong possibility.” With control of the government and the presidency, Tusk’s party would have more freedom to pass legislation needed to keep the budget in check and satisfy investors focused on fiscal health. Kaczynski, who over the past three years had tried to block government efforts to overhaul Poland’s debt-ridden healthcare and pension systems, was also the last EU leader besides Vaclav Klaus of the Czech Republic to sign the Lisbon Treaty, and opposed Tusk’s euro adoption goal. ‘Hostile Figures’ Kaczynski placed a euro-skeptic ally in charge of the central bank, Slawomir Skrzypek , who was also killed in the crash. “Investors viewed President Kaczynski and Skrzypek as hostile figures,” said Preston Keat , the London-based research director of Eurasia Group, a political risk consulting company. “What kept coming up in client meetings is that they were the two blocking forces to market reform.” Under Governor Skrzypek, Poland’s central bank last week intervened to cap zloty gains for the first time in 12 years. The currency is up 6 percent against the euro this year, making it eastern EU’s best performer in the period. The bank appointed Skrzypek’s deputy Piotr Wiesiolek as acting governor and will hold a meeting today to discuss how to proceed. “My sense is that the view that the zloty is appreciating too far and too fast is widely held in the central bank, so there’s no reason to believe they won’t come back into the market again next week or the week after,” said Blaise Antin , managing director of TCW Group Inc. in Los Angeles, which has $115 billion under management, including $4 billion in emerging market assets. ‘Out of the Way’ The bank had also signaled it was deciding when to start raising interest rates from a record low 3.5 percent. “Uncertainty should be out of the way by June and we stick for now with our call of three rate hikes from July, but with risks to the downside given prospects of further intervention,” said Peter Attard Montalto , an emerging markets economist at Nomura International Plc, in a note to clients. He expects the country to join the pre-euro Exchange Rate Mechanism, a prelude to adopting the euro, in 2011. Poland abandoned its 2012 euro adoption target last July after it became clear it would miss the bloc’s fiscal targets. Tusk now says 2015 is a “realistic” date. Though polls show Komorowski was likely to win the October elections, an earlier presidential victory may allow the Civic Platform more time to push through policy changes. Longer Rule “There is now likely to be a longer period of Civic Platform presidential rule before the parliamentary elections in 2011,” Montalto said. “This should allow the privatization program, the passage of other laws and fiscal reforms to progress more smoothly through the second half before campaigning for the parliamentary elections starts next year.” Support for Civic Platform party rose to 53 percent from 50 percent, Rzeczpospolita reported on March 11. Support for Kaczynski’s Law & Justice, was unchanged at 27 percent, while the Left Democratic Alliance increased its support to 8 percent from 7 percent, according to a poll of 1,000 adults by researcher GfK Polonia. Poland, the biggest of the EU’s eastern members and the only EU economy to have avoided a contraction during the credit crisis, will post a budget deficit of 7.5 percent of gross domestic product this year, with debt of 57 percent of GDP, the European Commission estimates. Economic output will expand 3 percent in 2010 after growing 1.7 percent last year, the government estimates. Poland may also improve its ties with Russia after the disaster. Kaczynski, an advocate of extending North Atlantic Treaty Organization membership to Russia’s borders by including Georgia and Ukraine, didn’t attend an April 7 reconciliation meeting with Tusk and his Russian counterpart Vladimir Putin to mark the 1940 Katyn massacre, flying instead with his own delegation three days later. Since the crash, Russia’s political leaders have taken pains to demonstrate their sympathy and assist Poland. President Dmitry Medvedev appointed Putin the head of the special commission looking into the crash and made an address to Polish citizens expressing his condolences. Today is a national day of mourning in Russia to mark the Polish deaths. “The momentum that’s been generated over the past few days is just astounding,” said Bartlomiej Sienkiewicz, who heads Othago, a Warsaw-based consultancy that helps firms do business in former Soviet Union countries. “It means the possibility of doing serious business with Russia and breaking the mold of 20 years of strained relations.” To contact the reporter on this story: David McQuaid in Warsaw dmcquaid1@bloomberg.net .

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Woods Wants to Prove He’s a `Worthy Investment’

April 5, 2010

By Michael Buteau April 5 (Bloomberg) — Tiger Woods said today he wants to prove to his corporate sponsors that he’s a “worthy investment,” and that he understands why some companies dropped him after he admitted marital infidelities with several women. Woods spoke three days before he ends an almost five-month break from competitive golf at the Masters Tournament, the season’s first major event. The absence began routinely in November after a tournament victory by Woods halfway around the world and turned into a sex scandal that cost the world’s No. 1-ranked golfer endorsements with Accenture Plc and AT&T Inc ., as well as his closely guarded image as a father and husband. “Do I understand why they dropped me? Of course,” Woods, 34, said at a news conference at the Augusta National Golf Club in Augusta, Georgia. “I’ve made a lot of mistakes in my life. Hopefully, I can prove to the other companies that I’m a worthy investment.” Woods, at his first news conference since a car accident outside his Florida home ignited tabloid headlines around the world, said his wife, Elin, won’t attend the Masters, a break from her past practice. “Elin is not coming this week,” he said. He also again denied using performance enhancing drugs and said a Canadian doctor under investigation for giving banned substances to athletes, Anthony Galea , never injected him with human growth hormone or other strength builders. He said he would cooperate fully with investigators who have contact his agent, Mark Steinberg , and that he hadn’t been asked to be interviewed by authorities. Practice Round Woods played a practice round today, his first golf in front of a gallery since the Australian Masters in November. He was greeted primarily with silence. There was more gawking than cheering as Woods strolled the fairways of Augusta National for his first official Masters Tournament practice, a much different reception than the one he had grown accustomed to while winning 14 major titles since capturing his first of four Masters victories in Georgia in 1997. He apologized to his fellow golfers about the distractions he caused and said he welcomed the response of the crowds today. “I was blown away,” he said. Woods chose to make his comeback at Augusta National, a private club with an elite membership that runs the Masters by its own strict rules. Those holding tickets are known as patrons, not fans, and are among the most knowledgeable — and closely monitored — in sports. Running is prohibited on the grounds and anyone violating the club’s rules of behavior risks being evicted and possibly losing tickets that families pass down from generation to generation. First Questions Today was the first time Woods answered questions from a media group. He conducted two five-minute interviews with the Golf Channel and ESPN on March 21. After playing nine holes yesterday with longtime friend and 1998 Masters winner Mark O’Meara , Woods took to the course again today for his first full 18-hole practice round. He was joined today by 1992 Masters winner Fred Couples . Both O’Meara, 53, and Couples, 50, play full time on the senior Champions Tour. While on the course, Woods could be seen interacting with the crowds and occasionally offered a “thank you” to fans who wished him well. Woods will make his competitive return to the sport with the tournament’s first round on April 8. He is four wins shy of tying Jack Nicklaus ’s record of 18 titles in the four professional majors. The last time Woods hit a shot in competition, 144 days ago, he won the Australian Masters in Melbourne. Car Crash Twelve days later, Woods crashed his car outside his Florida home, leading to worldwide scrutiny of his personal life. He later admitted to marital infidelity and took a break from golf while undergoing therapy for an undisclosed condition. Woods has declined to discuss the specifics of his treatment. TMZ.com has reported that Woods was enrolled in sex-addiction treatment at a clinic in Hattiesburg, Mississippi. Woods said in the interview with ESPN last month that he was “nervous” about what kind of reception he would receive around the Augusta National course. For today’s news conference, Augusta National officials for the first time banned cell phones and cameras from the interview room, which also required a special ticket for admission. While some sponsors dropped Woods after details of his private life became public, other companies, including Nike Inc ., have stuck by Woods. Woods in December won his 10th PGA Tour Player of the Year award even though he went winless in the majors for the first time in five years. Woods has 71 career U.S. PGA Tour wins, trailing only Sam Snead and Nicklaus. To contact the reporter on this story: Michael Buteau in Augusta, Georgia at mbuteau@bloomberg.net

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Woods Wants to Prove He’s a `Worthy Investment’

April 5, 2010

By Michael Buteau April 5 (Bloomberg) — Tiger Woods said today he wants to prove to his corporate sponsors that he’s a “worthy investment,” and that he understands why some companies dropped him after he admitted marital infidelities with several women. Woods spoke three days before he ends an almost five-month break from competitive golf at the Masters Tournament, the season’s first major event. The absence began routinely in November after a tournament victory by Woods halfway around the world and turned into a sex scandal that cost the world’s No. 1-ranked golfer endorsements with Accenture Plc and AT&T Inc ., as well as his closely guarded image as a father and husband. “Do I understand why they dropped me? Of course,” Woods, 34, said at a news conference at the Augusta National Golf Club in Augusta, Georgia. “I’ve made a lot of mistakes in my life. Hopefully, I can prove to the other companies that I’m a worthy investment.” Woods, at his first news conference since a car accident outside his Florida home ignited tabloid headlines around the world, said his wife, Elin, won’t attend the Masters, a break from her past practice. “Elin is not coming this week,” he said. He also again denied using performance enhancing drugs and said a Canadian doctor under investigation for giving banned substances to athletes, Anthony Galea , never injected him with human growth hormone or other strength builders. He said he would cooperate fully with investigators who have contact his agent, Mark Steinberg , and that he hadn’t been asked to be interviewed by authorities. Practice Round Woods played a practice round today, his first golf in front of a gallery since the Australian Masters in November. He was greeted primarily with silence. There was more gawking than cheering as Woods strolled the fairways of Augusta National for his first official Masters Tournament practice, a much different reception than the one he had grown accustomed to while winning 14 major titles since capturing his first of four Masters victories in Georgia in 1997. He apologized to his fellow golfers about the distractions he caused and said he welcomed the response of the crowds today. “I was blown away,” he said. Woods chose to make his comeback at Augusta National, a private club with an elite membership that runs the Masters by its own strict rules. Those holding tickets are known as patrons, not fans, and are among the most knowledgeable — and closely monitored — in sports. Running is prohibited on the grounds and anyone violating the club’s rules of behavior risks being evicted and possibly losing tickets that families pass down from generation to generation. First Questions Today was the first time Woods answered questions from a media group. He conducted two five-minute interviews with the Golf Channel and ESPN on March 21. After playing nine holes yesterday with longtime friend and 1998 Masters winner Mark O’Meara , Woods took to the course again today for his first full 18-hole practice round. He was joined today by 1992 Masters winner Fred Couples . Both O’Meara, 53, and Couples, 50, play full time on the senior Champions Tour. While on the course, Woods could be seen interacting with the crowds and occasionally offered a “thank you” to fans who wished him well. Woods will make his competitive return to the sport with the tournament’s first round on April 8. He is four wins shy of tying Jack Nicklaus ’s record of 18 titles in the four professional majors. The last time Woods hit a shot in competition, 144 days ago, he won the Australian Masters in Melbourne. Car Crash Twelve days later, Woods crashed his car outside his Florida home, leading to worldwide scrutiny of his personal life. He later admitted to marital infidelity and took a break from golf while undergoing therapy for an undisclosed condition. Woods has declined to discuss the specifics of his treatment. TMZ.com has reported that Woods was enrolled in sex-addiction treatment at a clinic in Hattiesburg, Mississippi. Woods said in the interview with ESPN last month that he was “nervous” about what kind of reception he would receive around the Augusta National course. For today’s news conference, Augusta National officials for the first time banned cell phones and cameras from the interview room, which also required a special ticket for admission. While some sponsors dropped Woods after details of his private life became public, other companies, including Nike Inc ., have stuck by Woods. Woods in December won his 10th PGA Tour Player of the Year award even though he went winless in the majors for the first time in five years. Woods has 71 career U.S. PGA Tour wins, trailing only Sam Snead and Nicklaus. To contact the reporter on this story: Michael Buteau in Augusta, Georgia at mbuteau@bloomberg.net

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Kagan, Judges Said to Be Considered for Supreme Court Vacancy

April 3, 2010

By Greg Stohr April 3 (Bloomberg) — The Obama administration, contemplating the possible retirement of U.S. Supreme Court Justice John Paul Stevens , is focusing on three candidates to succeed him, a White House official familiar with the deliberations said. The group includes U.S. Solicitor General Elena Kagan and federal appellate judges Diane Wood and Merrick Garland , the person said, speaking on the condition of anonymity. Stevens, who will turn 90 on April 20, told the New York Times in an April 2 interview that he will decide soon whether he will step down. “The president and the Senate need plenty of time to fill a vacancy,” Stevens told the newspaper. Stevens hasn’t communicated his intentions to the White House one way or another, according the person familiar with the deliberations. President Barack Obama hasn’t begun discussing particular candidates with aides, and the list of leading candidates could change in the coming weeks, the person said. “We’ll be prepared if a vacancy arises, but there’s no vacancy on the court, and there’s no short list awaiting a potential vacancy,” White House spokesman Ben LaBolt said in an e-mail. White House officials expect that any retirement announcement would come after the high court’s last argument of its current term, on April 28, the person said. The administration is preparing to move quickly with a nomination, the person said. Obama Interviews Kagan, 49, and Wood, 59, interviewed with Obama last year before he appointed Sonia Sotomayor to succeed David Souter on the high court, according to a different White House official. Garland, 57, was one of nine candidates the White House considered for that vacancy, though he didn’t meet with Obama. Kagan is the first woman to serve as solicitor general, the federal government’s top Supreme Court advocate. She took that post after serving as the first female dean of Harvard Law School , her alma mater. Kagan won praise from conservatives and liberals alike for smoothing over the ideological tensions that plagued Harvard Law School before she became dean in 2003. Still, her nomination to become solicitor general was divisive. She won confirmation on a 61-31 vote, with some Republicans voicing concern about her lack of courtroom experience and her opposition to on-campus military recruiting at Harvard. Intellectual Jurist Wood, a judge on the 7th U.S. Circuit Court of Appeals in Chicago since 1995, has developed a reputation there as an intellectual jurist willing to take on her more conservative colleagues Richard Posner and Frank Easterbrook . A graduate of the University of Texas School of Law, Wood is an antitrust expert, serving as deputy assistant attorney general under President Bill Clinton . Garland, a judge on the U.S. Court of Appeals for the D.C. Circuit, is perhaps the most conservative of the trio, often siding with the government on criminal questions. A Harvard Law School graduate, he worked in the Clinton administration’s Justice Department, overseeing the Oklahoma City bombing investigation and the successful prosecution of Timothy McVeigh . For last year’s vacancy, officials also considered Homeland Security Secretary Janet Napolitano , Governor Jennifer Granholm of Michigan and then-Chief Justice Leah Ward Sears of the Georgia Supreme Court. Martha Minow , who succeeded Kagan as Harvard Law School dean, is also a possibility for the Stevens seat, the first White House official said. Stevens, appointed by President Gerald Ford in 1975, is the oldest and longest serving of the nine justices. The leader of the court’s liberal wing, he supports gay and abortion rights and limits on government support for religion. He is the only justice to say the death penalty is unconstitutional. To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net .

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Kagan, Two Judges Said to Be Candidates for Possible Supreme Court Vacancy

April 2, 2010

By Greg Stohr April 2 (Bloomberg) — The Obama administration is focusing on three candidates for the U.S. Supreme Court in the event Justice John Paul Stevens retires, a White House official familiar with the deliberations said. The group includes U.S. Solicitor General Elena Kagan and federal appellate judges Diane Wood and Merrick Garland , the person said, speaking on condition of anonymity. Stevens, who will turn 90 on April 20, told the New Yorker magazine in March that he will decide soon whether he will step down. He hasn’t communicated his intentions to the White House one way or another, the person said. President Barack Obama hasn’t begun discussing particular candidates with aides, and the list of leading candidates could change in the coming weeks, the person said. “We’ll be prepared if a vacancy arises, but there’s no vacancy on the court, and there’s no short list awaiting a potential vacancy,” White House spokesman Ben LaBolt said in an e-mail. White House officials expect that any retirement announcement would come after the high court’s last argument of its current term, on April 27, the person said. The administration is preparing to move quickly with a nomination, the person said. Kagan, 49, and Wood, 59, interviewed with Obama last year before he appointed Sonia Sotomayor to succeed David Souter on the high court, according to a different White House official. Garland, 57, was one of nine candidates the White House considered for that vacancy, though he didn’t meet with Obama. First Woman Kagan is the first woman to serve as solicitor general, the federal government’s top Supreme Court advocate. She took that post after serving as the first female dean of Harvard Law School , her alma mater. Kagan won praise from conservatives and liberals alike for smoothing over the ideological tensions that plagued Harvard Law School before she became dean in 2003. Still, her nomination to become solicitor general was divisive. She won confirmation on a 61-31 vote, with some Republicans voicing concern about her lack of courtroom experience and her opposition to on-campus military recruiting at Harvard. Wood, a judge on the 7th U.S. Circuit Court of Appeals in Chicago since 1995, has developed a reputation there as an intellectual jurist willing to take on her more conservative colleagues Richard Posner and Frank Easterbrook . A graduate of the University of Texas School of Law, Wood is an antitrust expert, serving as deputy assistant attorney general under President Bill Clinton . Sided With Government Garland, a judge on the U.S. Court of Appeals for the D.C. Circuit, is perhaps the most conservative of the trio, often siding with the government on criminal questions. A Harvard Law School graduate, he worked in the Clinton administration’s Justice Department, overseeing the Oklahoma City bombing investigation and the successful prosecution of Timothy McVeigh . For last year’s vacancy, officials also considered Homeland Security Secretary Janet Napolitano , Governor Jennifer Granholm of Michigan and then-Chief Justice Leah Ward Sears of the Georgia Supreme Court. Martha Minow , who succeeded Kagan as Harvard Law School dean, is also a possibility for the Stevens seat, the first White House official said. To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net .

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`Avatar’ Aftermath Means Suppliers Work Around Clock on China’s 3-D Demand

April 1, 2010

By Michael White April 1 (Bloomberg) — Makers of digital movie equipment are forecasting a surge in sales as Chinese and European cinemas upgrade to tap the popularity of 3-D movies such as “Avatar.” Sales at Christie Digital Systems USA , the world’s largest maker of digital projectors, may double to $400 million this year if it can meet demand, said Jack Kline, president of the Cypress, California-based company, a unit of Japan’s Ushio Inc. Kortrijk, Belgium-based Barco NV , the second largest, estimates revenue will climb 50 percent to $200 million. The upgrades in Asia and Europe are part of a worldwide trend in theater spending. The three largest U.S. chains are outfitting 14,000 screens for digital projection after raising $660 million. Cinemas charge more for 3-D movies and will benefit from the 19 films scheduled for release this year, up from 14 in 2009, according to researcher Hollywood.com Box- Office. Digital systems also cut costs by eliminating film reels and projectionists. “We didn’t expect China to expand so fast,” said Andrew Robinson, managing director at Harkness Screens International Ltd. , the largest maker of screens for digital cinemas. Closely held Harkness, based in Dublin, sold 500 screens in China last year, Robinson said. Harkness is running its U.S. factory around the clock, seven days a week, Robinson said in an interview. A second plant in France is running 18 hours a day, he said. The wait for delivery is 10 weeks, up from the usual four, he said. Like in the U.S., demand for 3-D theaters in China is increasing following the success of James Cameron’s “Avatar,” the highest-grossing movie of all time, said Weng Li, a spokesman for China Film Group, the state-run company that controls most cinemas and film distribution in that nation. ‘Avatar’ Effect There are about 2,000 digital screens in China, including 800 that are equipped to show movies in 3-D, Li said in an interview. Even small cities in China are installing 3-D equipment, he said. “Avatar” has generated $193.6 million in ticket sales in China since its release, the film’s second-highest grossing nation behind the U.S., according to News Corp.’s Twentieth Century Fox. China Film Group is seeking bids to add 500 digital projectors over the next four to six months, said John Wilmers , chief executive officer of Ballantyne Strong Inc. , an Omaha, Nebraska-based seller of digital cinema equipment and services. Time Antaeus Media Group, based in China, plans to add 500 to 700, Christie’s Kline said. Ushio was little changed at 1,586 yen yesterday on the Tokyo Stock Exchange. Barco NV rose 9 cents to 33.38 euros on Euronext Brussels. Ballantyne Strong advanced 10 cents to $5.40 in New York Stock Exchange composite trading. ‘Jackass’ Rules in China may limit the benefits of 3-D popularity. Some 3-D movies may never be seen in the country because the government allows about 20 foreign films to be shown each year, according to the Motion Picture Association of America . Consumers may also lose enthusiasm for 3-D as the format becomes more common, said Matthew Harrigan , an analyst with Wunderlich Securities in Denver. “Do you really need to see ‘Jackass’ in 3-D,” Harrigan said in an interview. “It wouldn’t surprise me if we had a little bit of a lull at some point.” Cinema chains worldwide will spend about $1 billion over the next three to four years upgrading screens for digital projection, according to George Hawkey , an analyst at Barclays Capital in New York. 3-D Crunch DreamWorks Animation SKG Inc. ’s “How to Train Your Dragon” opened as the top film at U.S. and Canadian theaters last weekend, posting $43.3 million in ticket sales. The movie played in 3-D at more than half of the 4,055 theaters, according to Box Office Mojo , a Sherman Oaks, California-based researcher. It is competing for 3-D screens with “Alice in Wonderland” and “Clash of the Titans,” which Time Warner Inc. is releasing this weekend. “There is a crunch, no doubt,” Harkness Screens International’s Robinson said. In the U.S., theaters will add about 2,500 3-D screens this year to some 3,500 already in place, said John Fithian , president of the National Association of Theatre Owners. The conversion in the U.S. is being financed through a fee studios pay to theaters for movies that are shown on digital screens. Studios will save money as they phase out 35mm prints of movies, which cost about $1,200 each to produce. Cinema operators benefit because digitally equipped theaters don’t need employees to change reels, said David Passman , chief executive officer of Carmike Cinemas Inc. , the fourth-largest U.S. chain. All of the projectors in a multiplex can be controlled by a single employee at a computer, Passman said. Digital Financing Carmike Cinemas, based in Columbus, Georgia, has 2,288 screens, almost all of them digital, with 500 equipped for 3-D films, Passman said. Digital Cinema Implementation Partners , a collaboration of Regal Entertainment Group , AMC Entertainment Holdings Inc. and Cinemark Holdings Inc., last month completed financing to convert 14,000 screens to digital projection. Cinedigm Digital Cinema Corp., a provider of digital services and equipment, has raised $100 million to cover digital conversions for smaller chains, the company said in October. To contact the reporter on this story: Michael White in Los Angeles at mwhite8@bloomberg.net .

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California Now Freeing Violent Inmates To Save Money

March 31, 2010

SACRAMENTO, Calif. — Inmates convicted of violent crimes are among those being freed early from California jails to save money, despite lawmakers’ promises that they would exclude most dangerous prisoners and sex offenders. An Associated Press review of inmate data shows that some of the freed criminals were convicted of assault with a deadly weapon, battery, domestic violence, and attacks on children and the elderly. The early release program specifically forbids authorities from freeing prisoners convicted of about 150 crimes such as rape and murder. But any offense that is not specifically listed qualifies for release, and individual counties can then decide who gets out. “This bill not only theoretically will result in a public safety catastrophe, it already has,” said Democratic Assemblyman Ted Lieu, an outspoken opponent of the system who is running for attorney general. He wants to expand the list of excluded crimes. The release of violent offenders does not technically violate the law, but it runs counter to lawmakers’ promises about the plan when it was adopted. Legislators approved the early release program last year as a way to cut costs and reduce crowding in state prisons and county jails. At the time, both the Democratic Assembly Speaker, Karen Bass, and Republican Gov. Arnold Schwarzenegger described the measure as a reform that would protect public safety while saving as much as $1 billion. Both denied that it even contained early release provisions. But when the law took effect in January, the release of hundreds of inmates from local jails drew a swift backlash, especially after an inmate freed under the law was arrested within a day on suspicion of attempting to rape a female counselor. The Sacramento County inmate had been jailed for a probation violation, but his underlying offense was assault with a deadly weapon. During the first few weeks of the early release program, more than 1,800 jail inmates were released statewide before they had served their full sentences, according to the California State Sheriffs’ Association. Hundreds more have been freed since then, although the association has stopped keeping track. California is not the only state to seek savings in early releases. New or expanded release programs began last year in a dozen other states: Colorado, Georgia, Illinois, Louisiana, Mississippi, Nevada, New York, Oregon, Texas, Washington, West Virginia and Wisconsin. Gov. Pat Quinn suspended Illinois’ program in December after the AP found hundreds of inmates were being released too early. About 200 of the paroled inmates were returned to prison within the first four months of the program because of violations. In California, the AP used public-records requests to obtain lists of inmates who had been freed from several of the state’s most populous counties. The lists were then cross-referenced with inmates’ offenses. Three of those counties – Alameda, Orange and San Bernardino – account for roughly 15 percent of the state prison population. The lists covered the first 2 1/2 weeks of the early release program, which started Jan. 25. In Orange County, about 8 percent of the 278 inmates released early had been serving time for crimes that included assault, battery, corporal injury to a spouse, inflicting injury on a child, cruelty to a child, domestic violence, resisting arrest and possession of a switchblade. In Alameda County, 15 percent of the 87 inmates released early had been sentenced for those crimes and others, including carrying concealed or loaded guns, attempting to take a gun from a police officer and displaying a gun in a threatening manner. San Bernardino County provided jail records for 642 inmates released under the new law. The AP used booking numbers to link a 10 percent sample to court records. Of that sample, 29 percent had been convicted of crimes considered violent or threatening, from domestic violence and weapons charges to stalking and injury to an elder. Los Angeles County, which has the largest population of jail inmates, has not granted any early releases under the law, although it has recently begun freeing inmates because it is running out of space. At state prisons, corrections officials expect to save $500 million by granting early release to about 6,500 inmates this year. Most of those releases will not begin until later this year. The law did not provide direction to county jails about how to evaluate inmates who qualify for early release. “Some are no-brainers,” said Alameda County Sheriff’s Sgt. J.D. Nelson. With others, “It’s a slippery slope. Sometimes you have an attempted rape, but it’s pleaded down to a misdemeanor. So now you’re going to let that guy out early?” Lieu wants to amend the law to exclude many of the crimes identified in the AP’s research, as well as offenses such as solicitation to commit murder, various hate crimes and child abduction. After the attempted rape arrest in Sacramento County, the Legislature also began considering amendments to the law, including a proposal to exclude county jails entirely from the early releases. Assemblyman Alberto Torrico, a Democrat from Fremont who helped write the law and also is running for attorney general, said it was never supposed to apply to counties. When it passed in September, he praised the legislation as “a smart reform package.”

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Four More Banks SHUT DOWN, Expected Losses Total $320 MILLION

March 27, 2010

WASHINGTON — Regulators on Friday shut down two Georgia banks and one each in Florida and Arizona, bringing to 41 the number of bank failures in the U.S. so far this year following the 140 that fell in 2009 to mounting loan defaults and the recession. The Federal Deposit Insurance Corp. on Friday took over the banks: McIntosh Commercial Bank, based in Carrollton, Ga.; Unity National Bank of Cartersville, Ga.; Key West Bank of Key West, Fla., and Desert Hills Bank, based in Phoenix. The four failures are expected to cost the federal deposit insurance fund a total of around $320.3 million. CharterBank, based in West Point, Ga., agreed to assume the estimated $362.9 million in assets and $343.3 million in deposits of McIntosh Commercial Bank. In addition, the FDIC and CharterBank agreed to share losses on $263.1 million of McIntosh Commercial’s loans and other assets. Bank of the Ozarks, based in Little Rock, Ark., is assuming the estimated $292.2 million in assets and $264.3 million in deposits of Unity National Bank. The FDIC and Bank of the Ozarks agreed to share losses on $206.1 million of Unity National’s loans and other assets. Another Arkansas bank, Centennial Bank of Conway, Ark., is assuming the $88 million in assets and $67.7 million in deposits of Key West Bank. The two shuttered banks in Georgia followed three bank failures in that state last week and 25 last year, more than in any other state. New York Community Bank, based in Westbury, N.Y., is assuming the $496.6 million in assets and $426.5 million in deposits of Desert Hills Bank. The agency and New York Community Bank agreed to share losses on $325.9 million of the failed bank’s loans and other assets. The pace of bank seizures this year is likely to accelerate in coming months, regulators have said, as losses mount on loans made for commercial property and development. The mounting bank failures have sapped billions of dollars out of the deposit insurance fund. It fell into the red last year, hitting a $20.9 billion deficit as of Dec. 31. The number of banks on the FDIC’s confidential “problem” list jumped to 702 in the fourth quarter from 552 three months earlier, even as the industry squeezed out a small profit. Still, nearly one in every three banks reported a net loss for the latest quarter. The 140 bank failures last year were the highest annual tally since 1992, at the height of the savings and loan crisis. They cost the insurance fund more than $30 billion. There were 25 bank failures in 2008 and just three in 2007. The FDIC expects the cost of resolving failed banks to grow to about $100 billion over the next four years. The agency mandated last year that banks prepay about $45 billion in premiums, for 2010 through 2012, to replenish the insurance fund. Depositors’ money – insured up to $250,000 per account – is not at risk, with the FDIC backed by the government. Apart from the fund, the FDIC has about $66 billion in cash and securities available in reserve to cover losses at failed banks.

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Congress Passes Final Changes to Landmark U.S. Health-Care Overhaul Plan

March 25, 2010

By James Rowley and Brian Faler March 25 (Bloomberg) — Congress passed the final part of the landmark U.S. health-care overhaul, capping a partisan battle to deliver the top domestic goal of President Barack Obama ’s first 14 months in office. The House voted 220-207 with no Republican support for a package of revisions to the plan signed March 23 by Obama that is intended to insure tens of millions of Americans, cut costs and bar insurers from rejecting customers with pre-existing medical conditions. The Senate passed the revisions earlier today on a 56-43 vote, and the measure now goes to Obama for his signature. “Americans who wait on tables, pump gas and clean our offices at night” now will be able to give thanks that “every American finally has affordable access to health insurance,” said New Jersey Democrat Robert Andrews . The partisan rift created by the health-care debate promises to be a central issue in the November elections to determine control of Congress. It also threatens to thwart cooperation between the two parties on Obama’s other legislative priorities, such as immigration overhaul, climate change and new financial rules. Republicans continued to denounce the health plan. “Job creators are assessing how much damage has been done to them” by new taxes in the legislation, said California Republican David Dreier . ‘This could not be a worse time to impose job killing tax increases.” 32 Democrats Thirty-two Democrats joined the Republicans in voting against the plan. “The administration and some in Congress would like to think this debate is over,” said Senate Republican leader Mitch McConnell of Kentucky. “We will continue to fight until this bill is repealed and replaced.” Democrats are hailing the health-care law as a historic followup to the 1965 creation of the Medicare program for the elderly and as a way to help tame rising medical costs that comprise a sixth of the U.S. economy. “We all know the importance of this legislation,” Majority Leader Harry Reid said on the Senate floor. “This has been a legislative fight that will be in the record books.” Senate Finance Committee Chairman Max Baucus of Montana said the health plan will create an “income shift” and a “leveling toward lower-income Americans.” Americans’ income distribution has been thrown off in recent years, he said. “The wealthy are getting way too wealthy.” Uninsured Americans The law will require all Americans to get health insurance or pay a penalty. With the revisions, it will expand coverage to 32 million uninsured Americans, according to the Congressional Budget Office. Companies such as health insurer WellPoint Inc. of Indianapolis, medical-device maker Medtronic Inc . of Minneapolis and drugmaker Pfizer Inc. of New York will get millions of new customers with the extension of coverage. Their industries also face billions of dollars in new fees. Under the overhaul, insurers will no longer be able to reject new customers with pre-existing medical conditions. It will place restrictions on insurers’ ability to set premiums. Patients will have greater access to preventive care and young adults can stay on their parents’ insurance until age 26. Taken together, the overhaul and the revisions will cost $940 billion over 10 years, the CBO estimated. The cost is more than made up with a new tax on the highest earners, fees on health-care companies and hundreds of billions of dollars in Medicare savings, which will reduce the federal deficit , according to the CBO. Opinion Polls Republicans universally opposed the legislation, arguing that the Democrats underestimated the cost and pushed through policies that polls show Americans oppose. The revisions passed today add a new tax on investment income and revamp the college student-loan program. The changes were demanded by House Democrats. During more than two days of debate, Senate Democrats fought off dozens of Republican amendments and efforts to derail the revisions . In a move that infuriated Republicans, Democrats used a budget process called reconciliation that enabled them to pass the changes with no Republican votes. Baucus said Republican amendments were nothing more than an attempt to block improvements to the overhaul. ‘Kill Health-Care Reform’ “Make no mistake, the intent of every single amendment on the other side of the aisle is to kill health-care reform,” Baucus said. Three Democrats voted against the measure: Mark Pryor and Blanche Lincoln of Arkansas and Ben Nelson of Nebraska. Republican Johnny Isakson of Georgia was absent. The changes would add a 3.8 percent Medicare tax on investment income, such as dividends, for individuals who earn more than $200,000 a year and joint tax filers who have more than $250,000 in earnings. That adds to a higher Medicare payroll tax already in the law. The reconciliation bill also scales back a tax on high-end insurance plans. Labor unions said the levy would affect too many workers; the reconciliation bill reduces the revenue from the tax by 80 percent by raising the thresholds at which it would apply. The measure also delays the tax until 2018. In revamping the college student-loan program, the legislation would end subsidies to lenders such as Reston, Virginia-based SLM Corp. , commonly known as Sallie Mae, and instead have all students borrow directly from the federal government. Pell Grants Democrats plan to use most of the anticipated savings to expand Pell college tuition grants. The savings also proved critical to meeting the requirement that any health-care reconciliation bill save at least $2 billion over the first five years, the CBO analysis shows. The two separate bills, one on the overhaul itself and the second that included the revisions, became necessary after Democrats lost the 60th vote in the Senate generally needed to push through major legislation. Just weeks after the Senate’s party-line 60-39 vote to approve the overhaul, Democrats were almost finished drafting a House-Senate compromise when Massachusetts Republican Scott Brown won a Jan. 19 special election to fill the seat left vacant by the death of Democrat Edward M. Kennedy . Democratic leaders then agreed the House would pass the Senate’s health-care bill and that both houses would pass the revisions. The budget reconciliation tool allowed the Senate to pass the changes with a simple majority of 51 votes. To contact the reporters on this story: James Rowley in Washington at jarowley@bloomberg.net ; Brian Faler in Washington at bfaler@bloomberg.net .

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Health Bill’s Final Changes Passed by U.S. Senate Without Republican Votes

March 25, 2010

By Laura Litvan, James Rowley and Catherine Dodge March 25 (Bloomberg) — The U.S. Senate finished its work on the landmark health-care overhaul, approving a compromise package of changes that adds a new tax on investment income and revamps the college student-loan program. The 56-43 vote caps a more than year-long partisan battle in the Senate to deliver President Barack Obama ’s biggest domestic legislative goal. Obama signed the health-care overhaul into law March 23. The revisions were demanded by House Democrats to fix parts of the law they didn’t like. The House plans final passage of the bill later today. During more than two days of debate that stretched into the early morning hours, Democrats fought off dozens of Republican amendments and efforts to derail legislation that included the revisions. In a move that infuriated Republicans, Democrats used a budget process called reconciliation that enabled them to pass the changes without any Republican backing. “We all know the importance of this legislation,” Majority Leader Harry Reid said on the Senate floor before the final vote. “This has been a legislative fight that will be in the record books.” Minutes later, he mistakenly voted against the measure, then shrugged and quickly changed his vote to “yes.” No Republicans voted for the legislation, and three Democrats voted against it: Mark Pryor and Blanche Lincoln of Arkansas and Ben Nelson of Nebraska. Republican Johnny Isakson of Georgia was absent. Partisan Rift The partisan rift created by the health-care debate promises to be a central issue in the November elections to determine control of Congress. It also threatens to thwart cooperation between the two parties on Obama’s other legislative priorities, such as immigration overhaul and energy and climate change. “The administration and some in Congress would like to think this debate is over,” Senate Republican leader Mitch McConnell of Kentucky said before voting on amendments began. “We will continue to fight until this bill is repealed and replaced.” Republicans succeeded in making small changes to the package that require it to go back to the House for another approval. Senate Finance Committee Chairman Max Baucus , a Montana Democrat, said Republican amendments were nothing more than an attempt to block improvements to the overhaul. ‘Kill’ Health Plan “Make no mistake, the intent of every single amendment on the other side of the aisle is to kill health-care reform,” he said on the Senate floor. Democrats are hailing the health-care law as a historic follow-on to the 1965 creation of the Medicare program for the elderly and as a way to help tame rising medical costs that comprise a sixth of the U.S. economy. “This is also an income shift,” Baucus said. “It’s a shift, a leveling toward lower-income Americans.” Americans’ income distribution has been thrown off in recent years, he said. “The wealthy are getting way too wealthy,” Baucus said. “This will help to address that maldistribution among all Americans.” The law will require all Americans to get health insurance or pay a fine. With the Senate-passed changes, it will expand coverage to 32 million uninsured Americans, according to the Congressional Budget Office. WellPoint, Medtronic Companies such as health insurer WellPoint Inc. of Indianapolis, medical-device maker Medtronic Inc . of Minneapolis and drugmaker Pfizer Inc. of New York get millions of new customers with the extension of coverage. Their industries also face billions of dollars in new fees. Under the overhaul law, insurers will no longer be able to reject new customers with pre-existing medical conditions. It also will place new restrictions on insurers’ ability to set premiums. Patients have greater access to preventive care and young adults are able to stay on their parents’ insurance until the age of 26. Taken together, the overhaul and the revisions will cost $940 billion over 10 years, the CBO estimated. The cost is more than made up for with a new tax on the highest earners, fees on health-care companies and hundreds of billions of dollars in Medicare savings, which will reduce the federal deficit , according to the CBO. Republican Opposition Republicans universally oppose the legislation, arguing that the Democrats are underestimating the cost and pushing through policies that polls show Americans oppose. The changes passed by the Senate, which the House approved March 21, would add a 3.8 percent Medicare tax on investment income, such as dividends, for individuals who earn more than $200,000 a year and joint tax filers who have more than $250,000 in earnings. That adds to a higher Medicare payroll tax already in the law. The reconciliation bill also scales back a tax on so-called Cadillac, high-end insurance plans. Labor unions said the levy would affect too many workers; the reconciliation bill reduces the revenue from the tax by 80 percent by raising the thresholds at which it would apply. The measure also delays the tax until 2018. In addition, it revamps the college student-loan program. The legislation would end subsidies to lenders such as Reston, Virginia-based SLM Corp. , commonly known as Sallie Mae, and instead have all students borrow directly from the federal government. Pell Grants Democrats plan to use the bulk of the anticipated savings to expand Pell college-tuition grants. The savings also proved critical to meeting the requirement that any health-care reconciliation bill save at least $2 billion over the first five years, the CBO analysis shows. The package of changes was needed as part of an agreement to win passage in the House, where the vote on the overhaul was 219-212. The two separate bills, one on the overhaul itself and the second that included the revisions, became necessary after Democrats lost the 60th vote in the Senate generally needed to push through major legislation. Just weeks after the Senate’s party-line 60-39 vote to approve the overhaul, Democrats were almost finished drafting a House-Senate compromise bill when Massachusetts Republican Scott Brown won a Jan. 19 special election to fill the seat left vacant by the death of Democrat Edward M. Kennedy . The budget reconciliation tool allowed the Senate to pass the changes with a simple majority of 51 votes. “This debate is far from over,” Senator John McCain , the Arizona Republican and Obama’s challenger in the 2008 presidential election, said on the Senate floor before voting began. To contact the reporter on this story: Catherine Dodge in Washington at cdodge1@bloomberg.net

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House Leaders Get Threats Following Approval of U.S. Health-Care Overhaul

March 24, 2010

By James Rowley, Lorraine Woellert and Justin Blum March 24 (Bloomberg) — U.S. House leaders of both parties condemned threats of violence directed at Democratic lawmakers following approval of the U.S. health-care overhaul. “We’ve had very serious incidents that have occurred in the last 48 or 72 hours,” Majority Leader Steny Hoyer of Maryland told reporters today. “Anyone who feels at risk is getting attention from the proper authorities.” He said “a significant number, meaning more than 10” members received threats. Emotions have run high in Washington during debate on the health-care plan. On March 20, lawmakers said Tea Party protesters, who oppose the plan, shouted racial epithets at black House members outside the Capitol. On the House floor, a Republican lawmaker shouted “baby killer” on March 21 as anti- abortion Michigan Democrat Bart Stupak explained why he decided to vote for the bill. Today, the Senate is working on revisions to the health- care overhaul signed into law yesterday by President Barack Obama . The plan will require Americans to have proof of health insurance, expand coverage to an estimated 32 million uninsured people and impose new regulations on insurers that boost consumer clout. “Democracy can’t survive unless we can have a civil society in which debate is open and free and unfettered,” Hoyer said. He called on Republican leaders to join in condemnation of the threats. “Any show of appreciation for such actions encourages such actions and ought not to be done,” he said. Venting Anger House Republican leader John Boehner of Ohio, in an interview today on Fox News, condemned the threats and violence and urged people to vent their anger at Washington by registering voters and volunteering on political campaigns. “There are a lot of angry Americans and they’re angry over this health-care bill,” Boehner told Fox. Still, “violence and threats are unacceptable. It is not the American way.” Democratic Representative Tom Perriello of Virginia said in a statement today the Federal Bureau of Investigation is probing “a severed gas line” at his brother’s home. A person familiar with the investigation, who asked not to be identified, said the line connected a propane-gas tank to an outdoor grill. Lee Catlin, a spokeswoman for Albemarle County, Virginia, said fire officials are investigating whether the incident was related to an online posting of the brother’s address. Facebook Page Nigel Coleman, chairman of the Danville, Virginia, Tea Party, said in an interview that he posted the address on his Facebook page and urged people to express their opinion about the health-care vote directly to the lawmaker. He said he found the address on someone else’s Facebook page and thought it was the lawmaker’s home. When he discovered it wasn’t, Coleman said he removed the posting. Coleman said he didn’t know what happened with the gas line, adding, “I condemn anybody going there and performing any type of violence or vandalism.” Mark Skoda, chairman of the Memphis Tea Party, said he hasn’t seen violence from the activists he works with. “Most conservatives are reasoned people,” he said in an interview. Hoyer said House Democrats were told to immediately report anything that makes them suspicious or fearful and “take precautions so they are not subjecting themselves or their families to physical harm.” New York Democrat Louise Slaughter said in a statement she had reported to authorities two incidents that were “alarming to me.” A brick was thrown through the window of her district office in Niagara Falls, and her campaign office received a voice mail “referencing snipers,” she said. ‘Fanning the Flames’ Slaughter said Republican leaders appeared “to be fanning the flames with coded rhetoric.” She cited a National Review Online article in which Boehner was quoted as saying that Ohio Democrat Steve Driehaus might be a “dead man” politically in his congressional district. The article , published on March 18, said Boehner predicted political consequences for anti-abortion Democrats who vote to approve the bill. Referring to Driehaus, Boehner was quoted as saying, “He may be a dead man. He can’t go home to the west side of Cincinnati. The Catholics will run him out of town.” Boehner spokesman Don Seymour said the Republican leader “does not condone violence and his remark was obviously not meant to be taken literally.” Massachusetts Democrat Barney Frank said that during the March 21 debate before the House vote, a half-dozen Republican members stood up and cheered a man who yelled “Kill the Bill” from the spectator’s gallery. Rock Through Window Protesters have been demonstrating at Driehaus’s Ohio home, said Tim Mulvey, a spokesman for the anti-abortion Democrat who joined Stupak in voting for the health bill. A rock was thrown through the window of Driehaus’s Cincinnati office on March 21, and a death threat was phoned in to his Washington office a day later, Mulvey said. “It’s getting out of hand,” Mulvey said. Stupak, who helped craft a compromise on abortion language that yielded the final votes needed to get the measure through the House, said he has received a number of death threats in the mail, in his office e-mail, and on his answering machine. “Some are pretty vicious,” he said. Stupak said he referred about 50 threats to the U.S. Capitol Police for an assessment. Typically in a year he receives one or two threats that rise to the level of a report to the police, he said. ‘Baby Killer’ Representative Randy Neugebauer , a Texas Republican, said in a Fox News interview he shouted “baby killer” on the House floor during Stupak’s speech on March 21 because “I believe this bill was a baby killer” and that he wasn’t speaking about Stupak. On March 20, anti-health-legislation demonstrators outside the Capitol called Representative John Lewis of Georgia, who is black, a racial epithet and spat on another black lawmaker, Emanuel Cleaver of Missouri, according to Kristie Greco , a spokeswoman for Majority Whip James Clyburn of South Carolina. “I heard people saying things today I have not heard since March 15, 1960, when I was marching to try to get off the back of the bus,” Clyburn, who is black, said that day. To contact the reporters on this story: James Rowley in Washington at jarowley@bloomberg.net ; Lorraine Woellert in Washington at lwoellert@bloomberg.net ; Justin Blum in Washington at jblum4@bloomberg.net

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Obama Rallies Democrats as House Leaders Predict Health Overhaul Will Pass

March 20, 2010

By Ryan Donmoyer and Catherine Dodge March 20 (Bloomberg) — President Barack Obama rallied House Democrats to back health-care legislation that he called “the toughest insurance reforms in history” as party leaders said they would have the votes to pass the overhaul tomorrow. “We have been debating health care for decades,” Obama told lawmakers today at the U.S. Capitol . “It is time to pass health-care reform for Americans, and I am confident you are going to do it.” On the eve of the vote on the biggest revamp of U.S. health care in more than four decades, House Democrats abandoned plans to avoid a direct up-or-down ballot on Senate-passed legislation after days of accusations from Republicans that they were ducking a politically difficult vote. House Majority Leader Steny Hoyer said “we believe we have the votes” as leaders resolved a dispute over Medicare payments to states and moved to defuse a row over abortion. He said Democrats dropped the idea of holding an indirect vote on the Senate bill and simply “deeming” it approved because “we determined we could do this, and it was a better process.” The House will vote on both the Senate bill and compromise legislation that amends parts of the Senate measure that House Democrats don’t like. The compromise bill then goes back to the Senate, where Majority Leader Harry Reid said today he had the “commitment of a significant majority” of Democrats to approve it. ‘Quiet Crisis’ Obama, who has had more than 60 conversations with lawmakers since March 15 to help Speaker Nancy Pelosi round up the 216 House votes she needs, said today many Americans are living a “quiet crisis” because of health-care concerns. “Now, we’re on the threshold of doing something about it,” said Obama, who has made the issue the centerpiece of his domestic legislative agenda. “We’re a day away.” “Is this the single most important step that we have taken on health-care since Medicare ? Absolutely,” Obama said of the 10-year, $940 billion measure. Republicans universally oppose the legislation, arguing that Democrats are underestimating the cost and pushing though changes that polls show Americans don’t like. “They do not want the federal government involved in their personal health care, and they do not want a bill that spends over $1 trillion,” Representative Dave Camp of Michigan told the Rules Committee today, which was meeting to set the rules for tomorrow’s floor debate. ‘Kill the Bill’ Outside the Capitol, more than 2,000 people gathered to protest the legislation, chanting “kill the bill.” Kristie Greco , a spokeswoman for Representative James Clyburn of South Carolina, said demonstrators called Representative John Lewis of Georgia, who is black, a racial epithet and spat on another black lawmaker, Emanuel Cleaver , of Missouri. “I heard people saying things today I have not heard since March 15, 1960, when I was marching to try to get off the back of the bus,” said Clyburn, who is black. Democrats headed off the dispute in their ranks over Medicare payments by agreeing to ease geographic disparities in doctor and hospital payments. Party leaders also said they were confident they can overcome complaints by some members that language restricting federal funding for abortion isn’t strong enough. Hoyer said Democrats are considering asking the Obama administration to issue an executive order that would expressly say “there will be no use of public funds for abortion” to allay some lawmaker concerns. No Separate Vote Representative Bart Stupak of Michigan, a leading critic of the abortion language in the legislation, had asked for a separate floor vote to add a stricter ban on such funding. Pelosi ruled that out. “We’re in the final stretch here,” said Representative Chris Van Hollen, a Maryland Democrat. Asked whether Democrats need to reach an agreement on an executive order or some other way of appeasing pro-life Democrats before a vote, he said “I’m not sure we do.” The original House bill passed 220-215. Since then, Democrats lost four “yes” votes because of vacancies and a switch by the one Republican who backed the bill. Democrats say the legislation will cover 32 million uninsured Americans and curb medical costs . The Congressional Budget Office said it would also reduce the federal deficit by $138 billion in the first 10 years. Insurance Mandate The legislation requires Americans to get insurance, offering government aid and new purchasing exchanges to help. Insurers such as Indianapolis-based WellPoint Inc. would get millions of new policyholders, while being required to accept all customers, even with pre-existing conditions. All told, 37 sitting Democrats voted “no” on the original bill. Another 40 supported the measure while voting “yes” on an amendment calling for stricter controls on abortion funding that Stupak offered at the time. Representative Dan Lipinski , an Illinois Democrat, said he’s switching his vote to “no” because of the abortion issue. New York Representative Michael Arcuri , who voted for the original House bill, said he’s now a “no” because the new measure doesn’t do enough to control costs. Massachusetts Representative Stephen Lynch is also switching to “no,” the Boston Herald reported . ‘Yes’ Votes On the other side, Democrats John Boccieri of Ohio, Allen Boyd of Florida, Bart Gordon of Tennessee, Dennis Kucinich of Ohio, Suzanne Kosmas of Florida, Betsy Markey of Colorado and Scott Murphy of New York all now plan to vote “yes” after voting “no” in November, according to statements from the lawmakers or their offices. Two more lawmakers said today they would back the bill. Representative Harry Mitchell , an Arizona Democrat, issued a statement saying he will vote “yes,” as did another undecided lawmaker, Representative Adam Smith , a Washington Democrat. To contact the reporter on this story: Catherine Dodge in Washington at cdodge1@bloomberg.net Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net ;

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Advanta Bank, Six Other U.S. Lenders Closed Amid Bad Loans on Real Estate

March 19, 2010

By Dakin Campbell March 19 (Bloomberg) — Advanta Bank Corp. , owned by the bankrupt credit-card issuer, was shut by regulators along with three lenders in Georgia as the number of failed banks this year climbed to 37. Advanta was closed by Utah’s regulator, according to a statement today from the Federal Deposit Insurance Corp. , which was named receiver. The FDIC couldn’t find a buyer for Advanta’s business, and will mail checks to insured depositors. Georgia’s Appalachian Community Bank, with $1 billion in assets, was closed along with lenders in Minnesota, Alabama and Ohio. “Banks made loans they shouldn’t have,” said Alan Hess, a professor at the University of Washington’s Foster School of Business. “A lot of the banks in Washington and elsewhere are going out of business because of commercial real estate.” Four banks in Washington state have been seized this year. Lenders are collapsing at the fastest pace in 17 years amid losses on residential and commercial real estate loans made at the height of the market. U.S. “problem” banks climbed to the highest level since 1992 in the fourth quarter and FDIC Chairman Sheila Bair warned Feb. 23 that the pace of failures may exceed last year’s total of 140. Advanta Corp. , the Spring House, Pennsylvania-based parent of Advanta Bank, filed for bankruptcy Nov. 9 and said the lender may be turned over to regulators. The parent company halted its credit-card lending last year amid defaults. The FDIC had ordered the bank unit to stop taking deposits, Advanta Corp. said in a July filing. ‘Overexposure’ Standard & Poor’s said this week it had maintained a negative outlook on the financial industry because of the “damaging overexposure” that firms have to commercial real estate and subprime. The rating reflects “uncertainty about the strength and timing of the economic recovery” and “a significant level of non-performing assets,” S&P analysts Jeffrey Zaun and Rian M. Pressman wrote in the report. Moody’s Investors Service, another ratings company, said in a report on March 10 that U.S. banks will record $296 billion more of losses on mortgages and other loans that aren’t being repaid in the next two years. The following table lists the banks seized today. Asset figures are in millions of U.S. dollars. Click on the bank name to see the FDIC’s statement on the closing. FAILED BANK BUYER ASSETS Advanta Bank Corp. No buyer 1,600 Draper, UT Appalachian Community Bank Community & Southern 1,010 Ellijay, GA Carrollton, GA Bank of Hiawassee Citizens South Bank 377.8 Hiawassee, GA Gastonia, NC First Lowndes Bank First Citizens 137.2 Fort Deposit, AL Luverne, AL Century Security Bank Bank of Upson 96.5 Duluth, GA Thomaston, GA American National Bank National Bank and Trust 70.3 Parma, OH Wilmington, OH State Bank of Aurora Northern State Bank 28.2 Aurora, MN Ashland, WI To contact the reporter on this story: Dakin Campbell in San Francisco at dcampbell27@bloomberg.net

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Christie Garton: Students, Not Banks

March 12, 2010

Classroom furloughs and thirty percent tuition hikes in California. Extreme budget cuts in South Carolina, Georgia, and Illinois. In the past, we’ve taken a college degree for granted. You went to school, got good grades, and applied to the best universities in the hopes that a loan, grant, scholarship, or financial aid package would be made readily available. But with the current credit crunch and recession weighing heavily on state and government budgets nationwide, fiscal “responsibility” could ultimately force hundreds and thousands of U.S. students to put off college in the interim, or ultimately drop out altogether. Just how bad is it? We asked several of our student bloggers at UniversityChic.com to weigh in. “It’s ridiculous having to wonder if I’m going to graduate in four years,” says Lexie Tiongson, a sophomore at San Francisco State University and blogger for UniversityChic.com . “Why should we pay more for school and not get any classes out of it?” Tiongson’s sentiments are indicative of the fear and frustration many students and educators are currently experiencing. While the National Day of Action to Defend Education on March 4th proved to be a rallying cry and brought nationwide media attention to this issue, it could still prove to be too little, too late if Congress fails to greenlight the Student Aid and Fiscal Responsibility Act (SAFRA). According to Jane Hamsher, founder of the FDL Action, if President Obama’s direct student lending plan isn’t passed quickly, many college students could be left floundering until some time next year. “And while schools and students struggle to get the money they need in time for school next year, the banks have introduced ‘compromise’ bill that’s stripping support away from direct student lending and preserves their huge profits at the same time. We can’t let them get away with this,” says Hamsher in the FDL’s Students Not Banks online petition that they’re hoping thousands of students will sign. “I rely almost completely on financial aid and would be devastated if my loans didn’t work out,” says Kara Apel, a student the University of North Carolina at Chapel Hill and UniversityChic.com blogger. “It’s really sad when kids my age can’t go where they want to because of money.” And money is the major crux of the issue — it has to come from somewhere. If not out of spending set aside for financial aid and student loans, then from other programs like road work, retirement benefits, and federal and state budgets for jails and prisons. While this quandary continues to muddle the powers-that-be in Washington, it hasn’t stopped proponents of the Act from organizing and initiating protests and walkouts in an effort to defend their rights to a college education. “I participated in the walk out on March 4th,” says Tiongson. “I saw many other people from San Francisco at the Civic Center besides students that go to my school. I talked to a few kids, ages 6-9 that were holding signs [that said] ‘We need art!’ and ‘I like school!’ Even Harvard University has found itself under the microscope following a series of proposed cutbacks suggested for the 2009-2010 school year. When budgetary constraints threatened to severely curtail campus shuttle service, it set off a loud debate as to whether safety came secondary to saving a few dollars. “Students were up in arms,” explains Kylie Thompson, a Harvard undergrad and UniversityChic.com blogger. “[They] were saying a fifteen minute walk home at 3 AM after a library study session was unsafe. Students protested effectively and overnight shuttles were kept on the schedule.” Small victories. Renewed hope. Optimism over the future. While none of these are enough to ensure that the current credit crunch doesn’t impact hundreds of thousands of young adults in the near future, it does indicate that the American Dream is still a powerful motivator – even when its buried under massive debt and complicated by competing political agendas. What can students do to make their voices heard? “Call you senators and see where they stand on the issue, and urge them to pass SAFRA,” urges Hamsher. Hamsher also encourages students to form their own rallies or even have the student government on campus pass a resolution in favor of the legislation. FDL can assist students with these efforts says Hamsher. You can also sign the FDL’s Student Not Banks campaign petition found here.

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Jobless Aid Passed by U.S. Senate, Sending $138 Billion Measure to House

March 10, 2010

By Brian Faler March 10 (Bloomberg) — The U.S. Senate approved a $138 billion measure that would extend unemployment benefits and provide additional aid to states in the second major effort this year by lawmakers to boost the economy. The chamber voted 62-36 to approve the legislation, which would also extend dozens of expiring tax cuts, ease corporate- pension requirements and head off cuts in Medicare reimbursements to doctors. The bill, partially financed by offsetting savings, would add $97 billion to the deficit, according to the Congressional Budget Office. “This has been and continues to be a horrific recession,” said Senator Bob Casey , a Pennsylvania Democrat. “In addition to aiding families who are desperately in need of putting food on their tables and a roof over their heads, an extension of the unemployment insurance has a direct impact on our nation’s economy.” The vote sends the bill to the House. Increased unemployment benefits are one of the best ways of providing short-term stimulus to the economy because the cash-strapped are likely to quickly spend any aid, which boosts overall demand in the economy, according to CBO. The Labor Department today reported the unemployment rate in January climbed in 30 states and decreased in nine. Sixteen states had jobless rates topping the nationwide 9.7 average unemployment rate. Unemployment in California, Florida, Georgia, North and South Carolina and the District of Columbia climbed to the highest levels since records began in 1976. Hiring the Jobless Congress’s earlier effort to help the jobless, an $18 billion plan offering companies a tax break for hiring people who have been unemployed for at least 60 days, is awaiting final approval in the Senate. The bill approved today would extend until Dec. 31 expiring provisions in the law that offer as many as 99 weeks of unemployment checks, along with a 65 percent subsidy to help buy health insurance through the Cobra program. The legislation would prevent millions from exhausting their benefits, though it would not spare all. According to the National Employment Law Project, a half-million Americans may burn through all of their allowable assistance by August. Senator Dick Durbin of Illinois, the chamber’s No. 2 Democrat, said, “We’re trying to give enough time to people on the chance they find something, but we know how hard it is.” “These poor people — I can’t imagine what lies ahead for them,” Durbin said. “In my state, there are not many options out there and they’re all awful; people end up homeless, some of them struggle in soup kitchens and pantries trying to survive.” Aid to States The bill would send $25 billion to states struggling with slack tax revenue to help prevent layoffs of teachers, police officers and other public service employees. It would spend $6 billion to prevent for seven months a 21 percent scheduled cut in Medicare reimbursements. The measure would renew a series of tax breaks for businesses and individuals that expired Dec. 31, including a research credit backed in the past by Microsoft Corp., Amgen Inc. and Boeing Co. It would renew a break that allows companies like General Electric Co. to defer U.S. taxes on profits from financing sales of equipment in overseas markets. For individuals, the bill would renew a deduction for state and local sales taxes that could be used instead of the deduction for state and local income taxes. Some states, including Texas and Florida, don’t have an income tax. Deduction for Teachers It would extend a $250 deduction for teachers who buy their own classroom supplies, as well as tax credits for installing energy-efficient windows, doors and skylights that meet 2010 Energy Star standards. To help offset its cost, the bill would give the Internal Revenue Service more tools to attack tax shelters by more precisely defining when tax-avoidance transactions lack economic substance. It also would prevent paper companies from claiming a tax credit for producing fuel from a byproduct of the pulp-making process known as “black liquor.” The IRS issued a ruling last year that congressional analysts said opened the door for abuses, although companies have expressed little interest in claiming the credit. To contact the reporters on this story: Brian Faler  in Washington at   or bfaler@bloomberg.net ; Ryan J. Donmoyer in Washington at rdonmoyer@bloomberg.net

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Unemployment Eased in Nine U.S. States in January, Labor Department Says

March 10, 2010

By Timothy R. Homan March 10 (Bloomberg) — Unemployment decreased in nine U.S. states in January, led by an improvement in Michigan that demonstrates factories are driving the economic rebound. Michigan’s jobless rate fell to 14.3 percent, still the highest in the nation, from 14.5 percent in December, according to figures issued today by the Labor Department in Washington. New York and New Jersey were among the eight states where unemployment decreased by a tenth of a point. The “most stable economies are those more exposed to manufacturing,” said Steven Cochrane , director of regional economics at Moody’s Economy.com in West Chester, Pennsylvania. “This is a recovery that’s really kind of concentrated.” Efforts to stabilize inventories and rising exports are prompting companies like General Motors Co. to call back some dismissed workers. The jobless rate climbed in 30 states at the start of 2010, signaling the thawing of the labor market is not broad-based and indicating it will take years to recover the 8.4 million jobs lost the recession began in December 2007. Unemployment in the U.S. unexpectedly fell to 9.7 percent in January from 10 percent the prior month, according to figures from the Labor Department. The government’s report last week showed the rate held at 9.7 percent in February, compared with a projected increase to 9.8 percent, according to the median forecast of economists surveyed by Bloomberg News. Payrolls fell by 36,000 last month following a 26,000 decline in January. The loss of jobs during the recession has been the biggest of any economic slump in the post-World War II era. State Payrolls Today’s state breakdown showed employment, which is calculated by a survey of businesses, increased in 31 states, led by California, Illinois and New York. Missouri and Ohio showed the biggest payroll decreases at the start of the year. The state and local employment data are derived independently from the national statistics, which are typically released on the first Friday of every month. The state figures are subject to larger sampling errors because they come from smaller surveys, making the national figures more reliable, according to the government’s Bureau of Labor Statistics. State totals showed the economy gained 135,000 jobs in January. Unemployment in the Detroit area, home to General Motors and Ford Motor Co. , dropped to 15.3 percent from 16 percent in December, contributing to the decrease in Michigan’s jobless rate. Jobs at GM GM said it may fill most of the 5,500 jobs created by its $1.4 billion retooling of 18 U.S. factories with laid-off workers, Diana Tremblay, the automaker’s manufacturing and labor chief, said in an interview Feb. 23. The company’s 5,000 to 6,000 workers on indefinite layoff have first rights to any openings from the factory upgrades, including a third shift in Lordstown, Ohio, announced last month. Sixteen states in January had an unemployment rate that exceeded the 9.7 percent national average, today’s report showed. New York City’s unemployment rate declined to 10.4 percent from 10.5 percent the previous month, the state’s Labor Department reported March 4. The state’s jobless level fell to 8.8 percent from 8.9 percent in December, while New Jersey’s decreased to 9.9 percent from 10 percent. Unemployment in California, Florida, Georgia, North and South Carolina and the District of Columbia climbed to the highest levels since records began in 1976. Construction Slump Florida’s jobless rate rose to 11.9 percent from a revised 11.7 percent in December. Job losses in the state, where population declined last year for the first time since World War II, have been led by construction. The industry lost 5,500 jobs in January from a month earlier, bringing the total over the past year to 90,700. “Developers can’t do new projects because they’re losing existing projects in foreclosures,” said Suzanne Breistol, whose Florida Construction Connection Inc. recruits for builders. “They used to hire staff in anticipation of getting a job, but now they can’t afford that so they won’t hire until they get a job.” A national unemployment rate will average 9.8 percent this year, according to the median estimate of economists surveyed last month by Bloomberg, signaling state budgets will be strained by decreases in tax revenue and rising jobless insurance payments. Revenue shortfalls are translating into job cuts. New Jersey Transit, the third-busiest U.S. commuter-rail service, will cut 200 jobs, reduce executive salaries by 5 percent and trim contributions into employees’ 401(k) retirement plans by one-third to help close a $300 million budget deficit. The firings of both unionized and non-union employees will total about 2 percent of the workforce, the biggest one-year reduction in agency history, Executive Director James Weinstein said last week in a statement. To contact the reporter on this story: Timothy R. Homan in Washington at thoman1@bloomberg.net

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KBR Building to construct $94m hospital in Georgia

March 10, 2010

KBR Building to construct $94m hospital in Georgia

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Sequent Energy President Doug Schantz Missing in New Orleans, Company Says

March 7, 2010

By Samantha Zee March 7 (Bloomberg) — Douglas Schantz , president of AGL Resources Inc. ’s Sequent Energy Management, has been missing since the early morning of March 5 in New Orleans, the company said. Schantz, 54, was last seen on the city’s Bourbon Street after being out with a group of fellow employees. The group had traveled to New Orleans to make a donation to Tulane University’s energy graduate program. “Doug was due back Friday morning and hasn’t been seen since 2 a.m. Friday when he was out with a group of co- workers,” said Alan Chapple , a spokesman for AGL and Sequent, in a telephone interview. “We are working with all law enforcement officials,” he said. “We are doing everything we can to locate Doug and bring him back safely.” The New Orleans Police Department didn’t immediately return a telephone call seeking comment. Schantz was scheduled to attend a staff meeting at his office at noon on March 5 and co-workers became concerned after he failed to attend. Schantz has been president of Sequent, AGL’s asset manager serving natural gas wholesale customers, since 2003, Chapple said. Atlanta-based AGL is an energy-services company with about 2.3 million customers in six states, mostly in the southeast U.S. In addition to Sequent, it operates natural gas storage facilities and sells natural gas in Georgia under the Georgia Natural Gas brand. Schantz’s disappearance was earlier reported by the Houston Chronicle. To contact the reporter on this story: Samantha Zee in San Francisco at szee@bloomberg.net

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Yields on Tax-Exempt Bond Sales Reach Their Lowest Level in Three Months

March 5, 2010

By Catarina Saraiva March 5 (Bloomberg) — Yields on local and state government tax-exempt bonds fell to a three-month low as supply shrank to the smallest amount in four weeks. Yields on top-rated general obligations due in 10 years fell to 3 percent, the lowest since Dec. 10, a daily survey by Municipal Market Advisors shows. Tax-exempt sales totaled $3.6 billion this week, dropping to less than $4 billion for the first time since the five-day period ended Feb. 5. Issuers led by Georgia’s Municipal Electric Authority sold $2 billion in taxable Build America Bonds, which provide a 35 percent subsidy on interest costs from the federal government. The Georgia utility plans to sell an additional $920 million of such debt today. “There is a lot of interest out there in pure tax-exempt bonds,” said Anthony Shields , a principal in the public finance department at Williams Capital Group in New York. “Build America Bonds are sucking out some of the issuance, so that there’s less and less pure tax-exempts coming to market.” The New York Dormitory Authority , the second-biggest municipal issuer after California last year, sold $590.8 million secured by personal income tax revenue, including $365.7 million of tax-exempt debt. After getting more than $200 million in orders from individual buyers, the agency finished the pricing ahead of schedule, Shields said. Benchmark borrowing costs for state and local government selling 30-year revenue bonds fell to a seven-week low of 4.93 percent, according to the weekly Bond Buyer 25 index. Securities in the gauge have an average Moody’s Investors Service rating of A1, the fifth highest. “The demand component is going up just as the supply component is going down,” said Mike Pietronico , chief executive officer of Miller Tabak Asset Management in New York. “That has all the makings of a bull market. It’s like the perfect storm.” Following are descriptions of pending sales of municipal debt in the U.S. ASCENSION HEALTH, the largest nonprofit health-care system in the U.S., plans to sell about $1.35 billion in tax-exempt revenue bonds beginning next week. About $745 million will be used to refinance current debt and $600 million will help fund new construction and expansion at five health-care centers, said Stephen Gilmore, director of capital finance for St. Louis-based Ascension. Morgan Stanley will market a $670.5 million fixed- rate sale on March 10 and a $675.4 variable-rate issue later in the month. Ascension is rated Aa1 by Moody’s, AA by Standard & Poor’s and AA+ by Fitch Ratings. (Added March 5) MASSACHUSETTS , the second most-indebted state per capita after Connecticut, plans to sell $538.9 million of floating-rate general obligations as early as next week. The date of the sale will be determined by market conditions, according to the state treasurer’s Web site. Revenue from the sale will help refinance outstanding variable-rate demand bonds supported by an agreement from Citibank that expires later this month, according to Moody’s. Underwriters led by Morgan Stanley will market the issue. The state’s general obligations are rated Aa2 by Moody’s, while Fitch and S&P rate them AA, the third-highest of 10 investment grades. (Updated March 5) GUILFORD COUNTY , North Carolina, plans to sell $298.4 million of general obligations next week. The sale includes $82.5 million of tax-exempt debt and the same amount of taxable Build America Bonds to fund public improvements. The remainder, also tax exempt, will be used to refinance existing debt. The county, which includes Greensboro, has a top rating from S&P. Moody’s and Fitch grade it one level lower. (Updated March 5) CALIFORNIA , the lowest-rated U.S. state, intends to raise as much as $5 billion from investors this month with its first debt sales since November, according to Treasurer Bill Lockyer . JPMorgan Chase & Co. and Morgan Stanley were selected to manage a tax-exempt deal of as much as $2 billion on March 11, and Citigroup Inc. and Bank of America Merrill Lynch will handle a taxable offering later in the month, according to the state treasurer’s Web site. California is rated A- by S&P, Baa1 by Moody’s and BBB by Fitch. (Updated March 2) DETROIT, the largest U.S. city whose general obligation debt is rated below investment grade, plans to borrow $250 million as early as next week by issuing municipal securities to help fill a budget deficit, Moody’s said in a report. State aid derived from a Michigan-wide sales tax as well as the city’s full faith and credit secure the bonds, rated A1 by Moody’s and AA- by S&P. Without aid from Michigan, the ratings would be B1 from Moody’s and BB by S&P. (Updated March 2) NEW YORK CITY MUNICIPAL WATER FINANCE AUTHORITY, which helps raise capital funding for a system that serves 9 million people, plans to sell $400 million in fixed-rate taxable Build America Bonds on March 9, the second such deal in less than two months. Proceeds from the sale will be used for capital improvements of the city’s water and sewer system, city finance officials said in a statement last week. The securities are rated AA+ by S&P, Aa3 by Moody’s and AA by Fitch. A group of underwriters led by Jefferies Group Inc. will market the securities to investors. (Added March 2) ILLINOIS, the second-lowest-rated U.S. state after California, will take bids on March 11 from banks seeking to underwrite $300 million of Build America Bonds and $56 million of non-subsidized taxable notes. The deal will finance school construction, according to John Sinsheimer , director of capital markets for Illinois. The state, which last sold BABs in a $1 billion deal on Jan. 28, is rated A2 by Moody’s, A+ by S&P and A by Fitch. A statutory requirement calls for 25 percent of all state debt to be bid competitively, Sinsheimer said. Banks led by William Blair & Co. will negotiate the sale of an additional $700 million in Build America securities in mid-March, he said. (Added March 2) DISTRICT OF COLUMBIA, the U.S. capital, plans to sell $715 million of tax-exempts backed by income tax revenue as soon as next week. The deal will replace a mixture of fixed- and variable-rate general obligation bonds, which have lower ratings, and reduce the district’s amount of adjustable-rate debt, Fitch said in a release March 3. Underwriters led by Goldman Sachs Group Inc. will handle the deal. The debt is rated AAA by S&P, AA by Fitch and Aa2 by Moody’s. (Updated March 4) To contact the reporter on this story: Catarina Saraiva in New York at asaraiva@bloomberg.net .

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Yields on Tax-Exempt U.S. Bonds Drop to the Lowest Level in Three Months

March 5, 2010

By Catarina Saraiva March 5 (Bloomberg) — Yields on local and state government tax-exempt bonds fell to a three-month low as supply shrank to the smallest amount in four weeks. Yields on top-rated general obligations due in 10 years fell to 3 percent, the lowest since Dec. 10, a daily survey by Municipal Market Advisors shows. Tax-exempt sales totaled $3.6 billion this week, dropping to less than $4 billion for the first time since the five-day period ended Feb. 5. Issuers led by Georgia’s Municipal Electric Authority sold $2 billion in taxable Build America Bonds, which provide a 35 percent subsidy on interest costs from the federal government. The Georgia utility plans to sell an additional $920 million of such debt today. “There is a lot of interest out there in pure tax-exempt bonds,” said Anthony Shields , a principal in the public finance department at Williams Capital Group in New York. “Build America Bonds are sucking out some of the issuance, so that there’s less and less pure tax-exempts coming to market.” The New York Dormitory Authority , the second-biggest municipal issuer after California last year, sold $590.8 million secured by personal income tax revenue, including $365.7 million of tax-exempt debt. After getting more than $200 million in orders from individual buyers, the agency finished the pricing ahead of schedule, Shields said. Benchmark borrowing costs for state and local government selling 30-year revenue bonds fell to a seven-week low of 4.93 percent, according to the weekly Bond Buyer 25 index. Securities in the gauge have an average Moody’s Investors Service rating of A1, the fifth highest. “The demand component is going up just as the supply component is going down,” said Mike Pietronico , chief executive officer of Miller Tabak Asset Management in New York. “That has all the makings of a bull market. It’s like the perfect storm.” Following are descriptions of pending sales of municipal debt in the U.S. ASCENSION HEALTH, the largest nonprofit health-care system in the U.S., plans to sell about $1.35 billion in tax-exempt revenue bonds beginning next week. About $745 million will be used to refinance current debt and $600 million will help fund new construction and expansion at five health-care centers, said Stephen Gilmore, director of capital finance for St. Louis-based Ascension. Morgan Stanley will market a $670.5 million fixed- rate sale on March 10 and a $675.4 variable-rate issue later in the month. Ascension is rated Aa1 by Moody’s, AA by Standard & Poor’s and AA+ by Fitch Ratings. (Added March 5) MASSACHUSETTS , the second most-indebted state per capita after Connecticut, plans to sell $538.9 million of floating-rate general obligations as early as next week. The date of the sale will be determined by market conditions, according to the state treasurer’s Web site. Revenue from the sale will help refinance outstanding variable-rate demand bonds supported by an agreement from Citibank that expires later this month, according to Moody’s. Underwriters led by Morgan Stanley will market the issue. The state’s general obligations are rated Aa2 by Moody’s, while Fitch and S&P rate them AA, the third-highest of 10 investment grades. (Updated March 5) GUILFORD COUNTY , North Carolina, plans to sell $298.4 million of general obligations next week. The sale includes $82.5 million of tax-exempt debt and the same amount of taxable Build America Bonds to fund public improvements. The remainder, also tax exempt, will be used to refinance existing debt. The county, which includes Greensboro, has a top rating from S&P. Moody’s and Fitch grade it one level lower. (Updated March 5) CALIFORNIA , the lowest-rated U.S. state, intends to raise as much as $5 billion from investors this month with its first debt sales since November, according to Treasurer Bill Lockyer . JPMorgan Chase & Co. and Morgan Stanley were selected to manage a tax-exempt deal of as much as $2 billion on March 11, and Citigroup Inc. and Bank of America Merrill Lynch will handle a taxable offering later in the month, according to the state treasurer’s Web site. California is rated A- by S&P, Baa1 by Moody’s and BBB by Fitch. (Updated March 2) DETROIT, the largest U.S. city whose general obligation debt is rated below investment grade, plans to borrow $250 million as early as next week by issuing municipal securities to help fill a budget deficit, Moody’s said in a report. State aid derived from a Michigan-wide sales tax as well as the city’s full faith and credit secure the bonds, rated A1 by Moody’s and AA- by S&P. Without aid from Michigan, the ratings would be B1 from Moody’s and BB by S&P. (Updated March 2) NEW YORK CITY MUNICIPAL WATER FINANCE AUTHORITY, which helps raise capital funding for a system that serves 9 million people, plans to sell $400 million in fixed-rate taxable Build America Bonds on March 9, the second such deal in less than two months. Proceeds from the sale will be used for capital improvements of the city’s water and sewer system, city finance officials said in a statement last week. The securities are rated AA+ by S&P, Aa3 by Moody’s and AA by Fitch. A group of underwriters led by Jefferies Group Inc. will market the securities to investors. (Added March 2) ILLINOIS, the second-lowest-rated U.S. state after California, will take bids on March 11 from banks seeking to underwrite $300 million of Build America Bonds and $56 million of non-subsidized taxable notes. The deal will finance school construction, according to John Sinsheimer , director of capital markets for Illinois. The state, which last sold BABs in a $1 billion deal on Jan. 28, is rated A2 by Moody’s, A+ by S&P and A by Fitch. A statutory requirement calls for 25 percent of all state debt to be bid competitively, Sinsheimer said. Banks led by William Blair & Co. will negotiate the sale of an additional $700 million in Build America securities in mid-March, he said. (Added March 2) DISTRICT OF COLUMBIA, the U.S. capital, plans to sell $715 million of tax-exempts backed by income tax revenue as soon as next week. The deal will replace a mixture of fixed- and variable-rate general obligation bonds, which have lower ratings, and reduce the district’s amount of adjustable-rate debt, Fitch said in a release March 3. Underwriters led by Goldman Sachs Group Inc. will handle the deal. The debt is rated AAA by S&P, AA by Fitch and Aa2 by Moody’s. (Updated March 4) To contact the reporter on this story: Catarina Saraiva in New York at asaraiva@bloomberg.net .

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End-of-Life Warning at $618,616: Was It Worth It?

March 4, 2010

By Amanda Bennett March 4 (Bloomberg) — It was some time after midnight on Dec. 8, 2007, when Dr. Eric Goren told me my husband might not live till morning. The kidney cancer that had metastasized almost six years earlier was growing in his lungs. He was in intensive care at the Hospital of the University of Pennsylvania in Philadelphia, and had begun to spit blood. Terence Bryan Foley, 67 years old, my husband of 20 years, father of our two teenagers, a Chinese historian who earned his Ph.D. in his 60s, a man who played more than 15 musical instruments and spoke six languages, a San Francisco cable car conductor and sports photographer, an expert on dairy cattle and swine nutrition, film noir and Dixieland jazz, was confused. He knew his name, but not the year. He wanted a Coke. Should Terence begin to hemorrhage, the doctor asked, what should he do? This was our third end-of-life warning in seven years. We fought off the others. Perhaps we could dodge this one too. Dr. Keith Flaherty, Terence’s oncologist, and I both believed that a new medicine he had just begun to take would buy him more time. Keep him alive if you can, I said. Let’s see what the drug, Pfizer Inc. ’s Sutent, can do. Terence died six days later, on Friday, Dec. 14, 2007. What I couldn’t know then was that the thinking behind my request — along with hundreds of decisions we made over seven years — was a window on the impossible calculus at the core of the U.S. health-care debate. Expensive Last Chances Terence and I didn’t have to think about money, allocation of medical resources, the struggles of more than 46 million uninsured Americans, or the impact on corporate bottom lines. Backed by medical insurance provided by my employers, we were able to fight his cancer with a series of expensive last chances like the one I asked for that night. How expensive? The bills totaled $618,616, almost two- thirds of it for the final 24 months, much of it for treatments that no one can say for sure helped extend his life. In just the last four days of trying to keep him alive — two in intensive care, two in a cancer ward — our insurance was charged $43,711 for doctors, medicines, monitors, X-rays and scans. Two years later, the only thing I know for certain that money bought was confirmation that he was dying. Some of the drugs probably did Terence no good at all. At least one helped fewer than 10 percent of all those who took it. Pharmaceutical companies and insurers will have to sort out the economics of treatments that end up working for only a small subset. Should everyone have the right to try them? Terence and I answered yes. Each drug potentially added life. Yet that too led me to a question I can’t answer. When is it time to quit? Science, Emotion, Costs Congress didn’t touch the issue in last year’s attempt to pass a health-care bill . The mere hint of somehow limiting the ability to choose care as aggressively as Terence and I did created a whirlwind of accusations that the ill, aged and infirm would be forced before government “death panels.” As the debate heated up, I remembered the fat sheaf of insurance statements that arrived after Terence’s death. Our children, Terry, 21, and Georgia, 15, assented to my idea of gathering every record to examine what they would show about end-of-life care, its science, emotions and costs. I knew Terence would have approved. Along with my colleague Charles Babcock, I spent months poring over some 4,750 pages of documents collected from six hospitals, four insurers, Medicare, three oncologists, and a surgeon. Those papers tell the story of a system filled with people doing their best. And they raise complex questions about a health-care system that consumes 17 percent of the economy. Days to Decipher As I leafed through the stack of documents, it was easy to see why 31 percent of the money spent on health care goes to paperwork and administration, according to research published in 2003 by the New England Journal of Medicine. That number has either stayed the same or grown, said Dr. Steffie Woolhandler , a professor at Harvard Medical School and a co-author of the study cited by the journal. Some bills took days to decipher. What did “opd patins t” or “bal xfr ded” mean? How could I tell if the dose charged was the same as the dose prescribed? The documents revealed an economic system in which the sellers don’t set and the buyers don’t know the prices. The University of Pennsylvania hospital charged more than 12 times what Medicare at the time reimbursed for a chest scan. One insurer paid a hospital for 80 percent of the $3,232 price of a scan, while another covered 24 percent. Insurance companies negotiated their own rates, and neither my employers nor I paid the difference between the sticker and discounted prices. ‘It’s Completely Insane’ In this economic system, prices of goods and services bear little relation to the demand for them or their cost to make — or, as it turns out, the good or harm they do. “No other nation would allow a health system to be run the way we do it. It’s completely insane,” said Uwe E. Reinhardt , a political economy professor at Princeton University, who has advised Congress, the Veteran’s Administration and other agencies on health-care economics. Taking it all into account, the data showed we had made a bargain that hardly any economist looking solely at the numbers would say made sense. Why did we do it? I was one big reason. Not me alone, of course. The medical system has a strong bias toward action. My husband, too, was unusual, Flaherty said, in his passionate willingness to endure discomfort for a chance to see his daughter grow from a child to a young woman, and his son graduate from high school. Pricing Hope After Terence died, Flaherty drew me a picture of a bell curve, showing the range of survival times for kidney cancer sufferers. Terence was way off in the tail on the right-hand side, an indication he had indeed beaten the odds. An explosion of research had made it possible to extend lives for years — enough to keep our quest from having been total madness. Terence used to tell a story, almost certainly apocryphal, about his Uncle Bob. Climbing aboard a landing craft before the invasion of Normandy, so the story went, Bob’s sergeant told the men that by the end of the day, nine out of 10 would be dead. Said Bob, on hearing that news: “Each one of us looked around and felt so sorry for those other nine poor sonsabitches.” For me, it was about pushing the bell curve. Knowing that if there was something to be done, we couldn’t not do it. Believing beyond logic that we were going to escape the fate of those other poor sonsabitches. It is very hard to put a price on that kind of hope. The Kidney Shadow We found the cancer by accident, on Sunday, Nov. 5, 2000, in Portland, Oregon. Our son Terry had had a dozen friends over for his 12th birthday. I was making pancakes and shipping the boys home. Terence had been having stomach cramps for weeks. Suddenly he was lying on the bed, doubled over in pain. Our family doctor ordered him to the emergency room. We were immediately triaged through. Not a good sign, I thought. The kids sat on the waiting room floor spreading Barbies and X-Men around them, while Terence writhed in a curtained alcove. When he returned from a scan, the doctor said, almost as an aside: There’s a shadow on his kidney. When he’s feeling better, you’d probably better take a look at it. We were both annoyed. Why would we even think about a shadow on his kidney? His kidney wasn’t the problem. He was in such pain he could barely breathe. ‘We Got It’ The cause turned out to be a violent ulcerative colitis. The damaged colon was removed on Dec. 13. The surgery left him so weak that he spent three weeks, including Christmas morning, immobile in a chair. Colleagues packed meals. My sister wrapped presents. My boss sent her husband to put up our lights. In pity, I got Terence the cat he had long wanted, an orange kitten howling in a box under the tree. And the shadow? We were so grateful he was out of pain that we would have ignored it had someone at the hospital not called to urge us to address it. Within a month, Terence was in surgery, and Dr. Craig Turner had taken out the diseased kidney. Emerging from the five-hour operation on Jan. 18, Turner confirmed the worst: He thought the shadow was cancer. A week later, when Terence was well enough to walk into the doctor’s office, Turner was reassuring. “We got it all,” he said. Terence was visibly moved. “Thank you for saving my life,” he said. ‘We Were Lucky’ Kidney cancer is uncommon, accounting for less than 4 percent of all cancers, or about 50,000 new cases in the U.S. last year, according to the Kidney Cancer Association . Terence was typical: an older man, overweight and an ex-smoker. The disease is symptomless for a long time, so most kidney cancers are discovered accidentally, or too late. We were lucky. The first tool for fighting it is usually the one used since medieval times: the knife, or its technological equivalent. If a tumor is removed early enough, before it flings microscopic cells into the bloodstream that can implant in other organs, surgery is close to a cure. The statistics looked good. By the traditional method of staging — a 7 centimeter tumor with no sign of having spread — Terence had an 85 percent chance of surviving five years. The bills from Regence Blue Cross & Blue Shield of Oregon show the operation was relatively inexpensive, too, just over $25,000, or only about 4 percent of the total charged to keep Terence alive. Insurance paid a discounted $14,084. Terence and I paid $209.87. The lab soon cast a chill on our optimism. Only 50 Cases Terence had collecting duct cancer, the rarest and most aggressive form, named for the part of the kidney where it is thought to originate, according to the pathology report. If that was correct, Terence had almost no chance of making it to the end of the year. In every study I could find, almost everyone with collecting duct cancer died in months, sometimes weeks. Unlike others, most kidney cancers don’t respond well to chemotherapy. There was no accepted treatment after surgery. What’s more, there was almost nothing known about collecting duct cancer. In all the medical literature at that time, Turner and I could find only 50 cases documented worldwide, and nothing had proved effective in halting it. “Watchful waiting” was the recommended path. Waiting for him to die was what we feared. He didn’t die. He got better. We didn’t know why. We tried not to think about it. ‘Too Much Stuff’ By the spring of 2002, we had moved to Lexington, Kentucky, where I was the editor of the newspaper and Terence was creating an Asia Center at the University of Kentucky. He began moving Chinese and Japanese history books to his office. On Saturdays we drove through the bluegrass to take seven-year-old Georgia to riding lessons. We reluctantly let 13-year-old Terry crowd-surf at his first rock concert. Then, on May 6, 2002, I was at work when Terry called, panic in his voice. “Mom, come home. Dad is very sick.” His father was in bed, his face flaming with fever, shaking with chills under a pile of blankets. He could barely speak. “The cancer is in my lungs,” he said. “I’ve got six to nine months left.” A scan had spotted the cancer’s spread. Not wanting to worry us, Terence had secretly begun taking Interleukin-2. If he recovered, he figured, we would never know how close he came; if he died, he would have spared us months of anguish. Suddenly his actions over the last several weeks made sense. He had been giving away musical instruments and pieces of art. “I have too much stuff,” he had told me, a bizarrely improbable statement coming from him. Bow Ties What he didn’t reckon on was that the drug would make him violently ill. But it was the only possible therapy at that time. Injections of the protein — at $735 a dose — were intended to stimulate the immune response to help fight off the cancer’s invasion. The overall response rate was about 10 percent. For most, it did nothing. That evening, for the one and only time, I felt pure terror. I spent the night awake in our dark living room. A few days later I visited a therapist. “I can’t survive without him,” I said. “What does he say when you feel this way?” she asked. “He says I can handle anything.” “You’ll need to say that to yourself.” On a rainy Monday last September, I visited Terence’s oncologist in Lexington. Dr. Scott Pierce remembered his patient, his grey fedora and bow ties, and his personality. The Long Odds “The first thing he said was, ‘Doc, do you have any female patients who have recently died? I need to find a widower so my wife can meet her next husband,’” Pierce recalled. Terence had learned he was going to die, and the first thing he thought was to look after me. Knowing the long odds, Pierce told me he had prescribed Interleukin-2 simply because it was all there was. Terence stopped taking it after just a few weeks, unable to stand the side effects. I shook off my fear and plunged into the Internet. If there was something out there that could save him, I was going to find it. One colleague had been snatched from dying of AIDS by a chance introduction to a doctor who prescribed an experimental antiviral cocktail. Another had beaten leukemia with a cutting- edge bone marrow transplant. We could defeat this, too. I downloaded papers, presentations to the Kidney Cancer Association, abstracts from the National Library of Medicine . I called researchers and oncologists, pathologists and fellow journalists. When the research became overwhelming, I hired a retired nurse to help. My boss’s wife, a nurse herself, began her own information quest. I became part of an online community. After I messaged one couple about a clinical trial in Texas, they offered us their spare bedroom. Terence’s Dream Earlier this year, I called “LMODRNGRRL,” a frequent cancer-forum poster from those years. A furniture dealer named Laura Lear, she told me she had left her business in Los Angeles to help her boyfriend in New York. Robert Cowan, also a furniture dealer, had collecting duct cancer. Like me, it was she who drove the search for information. “I spent all my time online,” she said. She firmly believes the drug they settled on — Novartis AG ’s Gleevec, for which insurance paid $3,000 a month — extended his life, although it was never approved for use on kidney cancer. He died in September 2003 at 43, almost two years after his diagnosis. Throughout the spring and summer of 2002, Georgia, then 8, rode her bicycle up and down the shaded streets of South Ashland Avenue. Thirteen-year-old Terry and his friends Shannon, Hughes and Tanner came in last at their first battle of the bands. Terence sounded optimistic. “It’s my dream,” he said. “Some day we’re going to gig together.” Visiting Pompeii The truth was we were both shaken at the dire prognosis. “What would you regret dying without having seen?” I asked. He answered without hesitation: “Pompeii.” So we pulled Terry from his 8th grade class, Georgia out of 2nd, and flew off to Italy to see the excavated remains of the city once buried under volcanic ash. We walked the cobbled streets, poked into frescoed houses, taverns and baths, and took an eerie comfort from the 2,000-year-old shapes of families huddled together, trying to ward off disaster. By then our research had led us to the Cleveland Clinic, where Dr. Ronald Bukowski has specialized in kidney cancer for more than 20 years. At our first meeting, in August 2002, Terence explained that he had the rare collecting duct cancer. A Clinical Trial “No you don’t,” Bukowski said. We were confused. How did he know? “You’re sitting here,” he said. “If you had collecting duct, you would be dead.” Bukowski argued that the disease was growing so slowly that we should simply watch and wait. We did, until December 2005, when a scan showed the cancer in his lungs had begun to grow. By this time, drugs designed to attack a tumor’s blood supply were appearing to slow the growth of a wide range of cancers. Bukowski recommended we enter a clinical trial, which at that time was pretty much the only way to get these targeted therapies. He referred us to Flaherty in Philadelphia, where we had moved in June 2003 when I changed jobs. The drugs Flaherty was testing — Avastin and Nexavar –had showed promise individually. The trial would find out how they worked together. Terence signed papers agreeing to more or less standard terms: The manufacturers, Genentech Inc. and Bayer AG , would pay for the drugs; we, or our insurers, would cover all other costs. Cancer in Retreat In March 2006, he took his first intravenous dose of Avastin, an hour-long process, and swallowed his first Nexavar. The side effects were hard. There were rashes, sometimes debilitating stomach pains. But he continued teaching, picking up the kids at school, studying and writing. He worked on his book of Chinese poetry. He decided to learn to play the violin and to read and write Arabic. Every two weeks he went for an Avastin drip, and every month for a chest scan. Every month we waited for the results. At first the cancer didn’t budge. Then it began to retreat. I learned that over the years of Terence’s battle with cancer, some insurers drove harder bargains than others. In December 2006, for example, UnitedHealthcare, a unit of UnitedHealth Group Inc. , paid $2,586 to the University of Pennsylvania hospital for a chest scan; in March 2007, after I switched employers, WellPoint Inc. ’s Empire Blue Cross & Blue Shield paid $776 for the same $3,232 bill. ‘Any Soldier’ The entire medical bill for seven years, in fact, was steeply discounted. The $618,616 became $254,176 when the insurers paid their share and imposed their discounts. Of that, Terence and I were responsible for $9,468 — less than 4 percent. During the trial, Terence packed boxes for the troops in battle, loading them in our kitchen with deodorant, Wet Wipes, Mars Bars, Kool-Aid, beef jerky, batteries and magazines. A veteran of Naval intelligence and the Air Force reserves, he walked almost every day to the post office with a box addressed to “Any Soldier.” Behind the counter, the smiling lady with the long red hair extensions became his friend. Every so often a soldier in Iraq or Afghanistan would drop him a thank-you note. Life went on. Then, in August 2007, from half a world away, I heard the cancer return. I was working in China when he coughed during one of our phone calls. By the time I got home he knew it was because of the growth of one of the lung’s cancerous spots. $27,360 a Dose By now, more than six years since we first saw the shadow, I was used to the scares. Avastin’s side effects — fatigue, stomach ailments, rashes — had been getting him down, and the doctor had agreed back in May to let him stop treatments. So we’ll go back on the Avastin, I thought, or cut out or laser out the growth, add new treatments and go on. At a retirement party a few days later, my heart ached for my dear friend, whose breast cancer had returned. What were our lives going to be like without her? How were we going to comfort her husband and daughter? Terence coughed through the dinner. The bills and records document our renewed fight as summer in Philadelphia turned to autumn. Terence resumed Avastin. Because he wasn’t in a clinical trial, our insurance company was billed: $27,360 a dose, for four treatments, more than the cost of the surgery to remove his kidney in 2000. An Unacknowledged Battle He coughed almost continuously. His weight plunged. He needed help on the stairs. He began to use a cane. When his friend Woody came to visit, he couldn’t muster the breath to blow his cornet. He coughed and coughed and coughed. In the last week of October, he called me at work. “I can’t pick Georgia up at school,” he said. “I can’t get out of the chair.” On Halloween, his Dracula costume stayed in the basement. We put the candy on the doorstep. On Nov. 8, we saw a specialist, Dr. Ali Musani. Unable to stand or sit unassisted, Terence lay on the floor and refused to get up. Alarmed, Musani admitted him to the hospital. He was there for four days, during a quiet, unacknowledged battle. On one side were Flaherty and I, believing this to be a temporary setback. On the other were doctors and nurses preparing their patient for the end. On Nov. 10, before discharging him, a doctor propped one of Terence’s scans on a light board and showed us a blizzard of white spots, thousands of tumors covering his lungs. Avastin wasn’t stopping it. Terence Was Game Flaherty and I weren’t going to give up. Sutent, another targeted therapy, had been approved the year before. It worked as Avastin did, by stopping cancer’s ability to build extra blood vessels to feed its growth, but in a different way. One $200 pill a day. A shot at more life. Sutent might have even more serious side effects — rashes, fatigue, stomach distress, strokes — but Terence was game. He began taking it on Nov. 15. At home, he drew a line down the middle of a piece of paper. On one side he wrote things to throw away. On the other, things to keep. “Stop that!” I snapped. “You aren’t going to die.” I prepared for what I expected would be a new phase of our life. I found protein drinks online and protein bars in a bodybuilding shop. I got forms for a handicapped license plate, and looked into outfitting our row house with a stair lift. 210 Calories He was no longer able to get in and out of bed alone, so I hired a health aide. Whatever he craved, I bought. I wrote down everything he ate. Cold grapefruit slices. Chicken noodle soup. Clam chowder. I counted the calories he consumed one day: 210. On Friday, Dec. 7, just as the aide was packing to leave, Terence looked up, startled, as the corners of his mouth foamed bright red with blood. It was a struggle to get him down our narrow stairs to the ambulance. In the emergency room it was clear something was seriously wrong. “What’s your name?” asked the ER doctor. Terence responded correctly. “What’s the date?” Terence gave the doctor what the kids and I recognized as “Daddy’s ‘Just how dumb are you?’ look.” But he couldn’t answer. “Who’s the president of the United States?” That triggered something. “That moron Bush,” he said. Terence was admitted that night to a ward where Eric Goren was doing his last intensive care overnight shift of a three- year residency. In a small break room, alongside vending machines selling soft drinks and chips, Goren told me that bleeding from the lungs might suddenly become uncontrollable. If that happened, what should he and his team do? No Heroic Measures I wanted to see whether Flaherty still thought Sutent could make a difference. I couldn’t reach him. Goren and I settled on what the hospital called Code-A. Do everything possible to prevent a major bleed or anything life-threatening. Don’t take heroic measures if death seems inevitable. I called the children in. My sister picked up Georgia at a sleepover, and Terry’s friends Suzie, Ben and Will brought him from a party. My decision, so hard on Saturday, was easy by Monday. The scans now were showing signs of cancer in his brain, surrounded by a cascade of hundreds of tiny strokes. I had Terence’s signed living will, but I didn’t need it. I knew what this man who lived for books, music and ideas would want. Flaherty arrived. He looked shaken. “I didn’t expect this,” he said. Reading Their Goodbyes That afternoon I signed the papers transferring Terence to hospice. The next day, Tuesday, the hospital staff took away the machines and the monitors. The oncologists and radiologists and lab technicians disappeared. Another group of people — hospice nurses, social workers, chaplains and counselors for me and the children — began to arrive one by one, as the focus shifted from treating Terence to easing our transition. For the next three days, with Terence in the same hospital bed, we spent $14,022 on the pain medications ativan and dialudid, and on monitoring for him and counseling for a different kind of pain management for the children and me. The cost was less than a third of the previous four days’ $43,711. Terence drifted into a coma on Tuesday. I e-mailed his friends and read their goodbyes aloud, hoping he could hear and understand. I slept in a chair. At about 2:30 a.m. Friday, a noise in the hall startled me. I awoke just in time to hold his hand as he died. They gave me back his wedding ring the next day. Looking back, memories of my zeal to treat are tinged with sadness. Since I didn’t believe my husband was going to die, I never let us have the chance to say goodbye. Black-Bordered Notes Ten days later, the kids hung Daddy’s Christmas stocking alongside our three. I mailed the cards he had addressed months earlier, slipping in a black-bordered note. I threw away the protein bars, gave the energy drinks to a shelter and flushed an opened bottle of Sutent down the drain. Would I do it all again? Absolutely. I couldn’t not do it again. But I think had he known the costs, Terence would have fought the insurers spending enough, at roughly $200,000, to vaccinate almost a quarter-million children in developing countries. That’s how he would have thought about it. Late last year, I waded through a snowstorm to Keith Flaherty’s office in Boston, where he had moved to a new job that would let him intensify his work on targeted therapy. Did we help Terence? Or harm him? There’s a possibility, he said, that the treatment actually made the cancer worse, causing it to rage out of control at the end. Or, as another doctor suggested in passing at the time, that the strokes were a side effect of the Sutent, and not the cancer. Another Bell Curve Flaherty and I looked at the numbers. The average patient in his trial got 14 months of extra life. Without any treatment, Flaherty estimates that for someone at Terence’s stage of the disease it was three months. Terence got 17 months — still within the realm of chance, but way, way up on the bell curve. There’s another bell curve that starts about where Terence’s left off. It charts the survival times for patients treated not just with Sutent, Avastin and Nexavar but also Novartis’s Afinitor and GlaxoSmithKline Plc’s Votrient, made available within the past three years. Doctors and patients now are doing what we dreamed of, staggering one drug after another and buying years more of life. Slides on the results of the clinical trial, presented at the 2008 meeting of the American Society of Clinical Oncology, showed that Avastin and Nexavar worked well on a wide variety of patients. Only Flaherty and I know that the solitary tick mark at 17 months was Terence. Only I know that those 17 months included an afternoon looking down at the Mediterranean with Georgia from a sunny balcony in Southern Spain. Moving Terry into his college dorm. Celebrating our 20th anniversary with a carriage ride through Philadelphia’s cobbled streets. A final Thanksgiving game of charades with cousins Margo and Glenn. And one last chance for Terence to pave the way for all those other poor sonsabitches. —-With assistance from Charles R. Babcock in Washington. Editors: Robert L. Simison , Anne Reifenberg To contact the reporter responsible for this story: Amanda Bennett in New York at Abennett6@bloomberg.net

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Obama Travels to Georgia to Promote Home Energy Efficiency, Job Growth

March 2, 2010

By Edwin Chen and Roger Runningen March 2 (Bloomberg) — President Barack Obama plans to highlight today how making U.S. homes more energy efficient can create jobs as he presses Congress to enact a program to provide incentives for weatherization. Obama will use as a backdrop Savannah Technical College in Georgia, where workers are trained to install energy-efficient systems such as solar panels, according to two administration officials who briefed reporters. The administration has proposed a $6 billion incentive program that has become known as “cash for caulkers,” which is intended to spark more construction hiring and would benefit home-improvement retailers such as Atlanta-based Home Depot Inc . and Lowe’s Cos ., based in Mooresville, North Carolina. Obama’s visit to Georgia, his first since becoming president, is part of his effort to put a spotlight on efforts to boost the economy and jobs. The White House and lawmakers are preparing for November’s midterm congressional elections amid voter concern over the loss of more than 8 million jobs since the recession began in December 2007 and anger about federal spending. “Public perceptions of the economy and the job situation remain quite negative despite statistics showing modest improvement in recent months,” said Alan Abramowitz, a political science professor at Emory University in Atlanta. “What people are looking for are real signs of improvement in economic conditions such as substantial job creation and declining unemployment over several months.” Homestar The proposal Obama is focusing on today is known formally as “Homestar” and is patterned after the government’s “cash for clunkers” program, which provided financial incentives to encourage car owners to trade in older vehicles for more energy- efficient ones. The incentives for homeowners would be temporary, according to the administration officials, who said the details of the home energy program, including a precise funding mechanism, must be worked out with Congress. According to a White House fact sheet, homeowners would be eligible under some circumstances for 50 percent rebates up to $3,000 for installing new insulation, duct sealing, water heaters, windows, roofs and doors. Homeowners who undertake a full energy audit and then retrofit their homes to achieve at least a 20 percent energy savings could receive $3,000 rebate. The administration officials said they expect 2 to 3 million homeowners to participate in the program. Beyond the Stimulus The initiative would be in addition to energy incentives that were part of the $862 billion economic stimulus package enacted more than a year ago. The nonpartisan Congressional Budget Office last month estimated the legislation saved or created between 1 million and 2.1 million jobs last year and boosted economic growth during the fourth quarter by between 1.5 percent and 3.5 percent. Still, a lack of job growth since the economy began expanding again in mid-2009 is making for an uneven recovery from the worst recession since the 1930s. Companies are reducing head counts to trim costs and are reluctant to resume hiring until there’s more firm evidence of recovery. An updated jobless rate report due March 5 may show an increase to 9.8 percent in February, up 0.1 percent, because of last month’s storms. The U.S. unemployment rate for the year may average around 10 percent, the president’s budget forecasters said. Georgia’s unemployment rate was 10.3 percent in December, the latest figure available. That’s up from 7.5 percent a year earlier. The jobless rate in the Savannah area was 8.4 percent, according to the Bureau of Labor Statistics . ‘Quite Weak’ “The job market remains quite weak, with the unemployment rate near 10 percent and job openings scarce,” Federal Reserve Board chairman Ben S. Bernanke told Congress last week. The economy grew at a 5.7 percent annual pace in the fourth quarter of last year, the fastest in six years. Manufacturing expanded in February for a seventh consecutive month, indicating factories are leading the U.S. economic recovery, according to the Institute for Supply Management’s factory index. “Perhaps the biggest challenge facing the economy, as we move from rescue to recovery, is the weak labor market,” according to the budget plan released by Obama on Feb. 1. “Unfortunately, the progression to consistent and substantial job growth is not coming soon enough.” As part of additional efforts to spur hiring, the Senate Feb. 24 approved a $15 billion measure offering companies a tax break for hiring people who have been unemployed for at least 60 days. The House approved a $150 billion jobs plan in December. The two bills ultimately must be merged into final legislation. To contact the reporters on this story: Roger Runningen in Savannah, Georgia, at rrunningen@bloomberg.net ; Edwin Chen in Washington at EChen32@bloomberg.net

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Kia Motors inaugurates $1b plant in Georgia

March 2, 2010

Kia Motors inaugurates $1b plant in Georgia

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FDIC Shuts Down Four Banks: 20 Banks Closed In 2010

February 19, 2010

WASHINGTON — Regulators shut four banks from California to Florida on Friday, boosting to 20 the number of U.S. bank failures this year following the 140 closures last year in the worst financial climate in decades. The Federal Deposit Insurance Corp. took over La Jolla Bank, FSB, in La Jolla, Calif. The bank had 10 branches and about $3.6 billion in assets and $2.8 billion in deposits. Also seized was George Washington Savings Bank in Orland Park, Ill. It had four branches and about $412.8 million in assets and $397 million in deposits. The FDIC said OneWest Bank in Pasadena, Calif., agreed to assume all deposits and essentially all assets of La Jolla Bank. The takeover is expected to cost the deposit insurance fund an estimated $882.3 million. The FDIC and OneWest will share losses on about $3.3 billion of the failed bank’s loans and other assets. Meanwhile, FirstMerit Bank, National Association of Akron, Ohio, agreed to take over deposits at George Washington Savings Bank. FirstMerit is also taking over essentially all the assets. For George Washington, the FDIC predicts the takeover will cost the insurance fund $141.4 million. The loss-sharing agreement for George Washington covers $324.2 million in assets. The other seized banks were smaller and located in Florida and Texas. They were Marco Community Bank, with a single office on Marco Island, a wealthy barrier island near Naples on Florida’s Gulf Coast, and La Coste National Bank of La Coste, Texas. Marco Community Bank had about $119.6 million in assets and $117.1 million in deposits. Mutual of Omaha Bank, a division of the big insurance company Mutual of Omaha, agreed to assume the assets and deposits of Marco Community Bank. The failure of Marco Community Bank will cost the deposit insurance fund an estimated $38.1 million. In addition, the FDIC and Mutual of Omaha Bank, which is based in Omaha, Neb., agreed to share losses on $104.8 million of the failed bank’s loans and other assets. Florida is among the states with the highest concentration of bank failures and where the meltdown in the real estate market brought an avalanche of soured mortgage loans. Last year saw the failure of 14 banks in the state. Also high on the list are California, Georgia and Illinois. La Coste National Bank had a single branch and $53.9 million in assets. Deposits totaled $49.3 million. Community National Bank of Hondo, Texas, agreed to buy the deposits and assets of La Coste National Bank – whose failure is expected to cost the insurance fund $3.7 million. As the economy has weakened, with unemployment rising, home prices tumbling and loan defaults soaring, bank failures have accelerated and sapped billions of dollars out of the federal deposit insurance fund. It fell into the red last year. The 140 bank failures last year were the highest annual tally since 1992, at the height of the savings and loan crisis. They cost the insurance fund more than $30 billion. There were 25 bank failures in 2008 and just three in 2007. The FDIC expects the cost of resolving failed banks to grow to about $100 billion over the next four years. The agency mandated banks prepay about $45 billion in premiums last year, for 2010 through 2012, to replenish the insurance fund. Depositors’ money – insured up to $250,000 per account – is not at risk, with the FDIC backed by the government. Besides the fund, the FDIC has about $21 billion in cash available in reserve to cover losses at failed banks. Banks have been especially hurt by failed real estate loans, both residential and commercial. Banks that had lent to seemingly solid businesses are suffering losses as buildings sit vacant. As development projects collapse, builders are defaulting on their loans. Smaller banks are more vulnerable to the losses than their bigger Wall Street counterparts, because commercial real estate makes up a larger portion of their portfolio. If the economic recovery falters, defaults on the high-risk loans could spike. Many regional banks hold large concentrations of these loans. Banks face as much as $300 billion in losses on loans made for commercial property and development, according to a report issued last week by the Congressional Oversight Panel, which monitors the government’s efforts to stabilize the financial system. The report said the defaults could crimp lending and cause the eviction of families from rental properties. Bank failures also could contribute to job losses and hurt the economic recovery. President Barack Obama recently promoted a $30 billion plan to provide money to community banks if they boost lending to small businesses. The program, which must be approved by Congress, would use money repaid by banks to the $700 billion federal bailout fund. Hundreds of banks, including major Wall Street institutions, received taxpayer support through that politically unpopular rescue program, enacted by Congress in October 2008 at the height of the financial crisis. ___ AP Business Writer Tim Paradis in New York contributed to this report.

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Fed’s Boost of Discount Rate Signals End of Emergency Liquidity Measures

February 19, 2010

By Craig Torres and Vivien Lou Chen Feb. 19 (Bloomberg) — The Federal Reserve Board sent its most explicit signal yet that the emergency supply of liquidity to financial markets is done and the most aggressive monetary policy easing in its 96-year history will eventually reverse. Chairman Ben S. Bernanke and his colleagues at the Board of Governors raised the rate charged to banks for direct loans by a quarter-point to 0.75 percent, effective today. It was the first increase in the discount rate since June 2006. The Fed portrayed the decision as a “normalization” of lending that would have no impact on monetary policy, repeating in a statement in Washington yesterday that its benchmark federal funds rate would stay low for an “extended period.” The assurances didn’t stop investors from increasing bets that the Fed would tighten policy in the fourth quarter. The dollar rose and U.S. stock futures fell after the announcement. “The discount rate historically has always been used as a psychological tool for signaling the future course of monetary policy,” said Sung Won Sohn , former chief economist at Wells Fargo & Co. and now an economics professor at California State University-Channel Islands in Camarillo, California. “The bottom line is the Fed is signaling that in the future rates are more likely to go up, rather than stay stable or go down.” U.S. central bankers closed four emergency lending facilities this month and are preparing to reverse or neutralize the more than $1 trillion in excess bank reserves they have pumped into the banking system. The discount-rate increase will encourage banks to borrow in private markets rather than from the Fed, the statement said. ‘Time of Uncertainty’ “There is no way of doing this in times of uncertainty and not cause some reaction in financial markets,” said David Montero-Rosen , chief investment officer at the Graham & Dodd Fund LLC in New York. The dollar rose to $1.3485 per euro as of 1:06 p.m. in Tokyo from $1.3527 late yesterday in New York, after climbing to $1.3444, the strongest since May 18. Futures on the Standard & Poor’s 500 Index expiring in March lost 1.1 percent to 1,093.50. Bernanke prepared investors for the move in Feb. 10 testimony to Congress, saying the discount rate would have to be raised “before long.” In the minutes of the January 26-27 Federal Open Market Committee meeting released Feb. 17, policy makers said an increase “would soon be appropriate.” Even so, the increase came sooner than many analysts and investors expected. ‘Big Surprise’ “The big surprise was the timing,” said Alan Ruskin , head of currency strategy at RBS Securities Inc. in Stamford, Connecticut. “This is just one more very, very clear signal that the abnormal liquidity provisions provided during the crisis are being withdrawn.” Fed Bank of St. Louis President James Bullard yesterday said expectations for an interest-rate increase were exaggerated. “The idea that’s in markets that there’s a high probability that we’ll raise rates later this year is overblown,” Bullard said in response to audience questions after a speech in Memphis, Tennessee. “There’s also some probability, maybe more, that this will extend into 2011.” Larry Meyer , a former Fed governor and vice chairman of Macroeconomic Advisers LLC in Washington, said yesterday’s decision “says absolutely nothing” about the timing of the first increase in the federal funds rate. “We believe that the Fed will not raise the funds rate for the first time until the middle of 2011,” Meyer said in a Bloomberg Television interview. Rate Near Zero The Fed has kept the benchmark rate for overnight borrowing between banks to a range of zero to 0.25 percent since December 2008 and repeated after last month’s policy meeting that the rate would stay low for an “extended period.” Fed officials have nevertheless been warning financial institutions to be prepared for higher rates and are keeping a close watch on leverage, market valuations and overall financial conditions. In January, the Fed Board issued an advisory with other regulators urging banks to strengthen their management of interest-rate risk. Yesterday’s announcement was “basically a psychological message to the marketplace that at some point the Fed does have to begin to pay attention to the potential of inflation down the road,” Kelly King , chairman and chief executive of BB&T Corp., said in an interview with Bloomberg Television. “I don’t think they are going to be moving short-term rates anytime in the very near future.” Regional Fed Banks King is a member of the Richmond Fed’s board of directors, which, like the 11 other regional Fed boards, has the authority to request changes in the discount rate. Those requests are subject to final review and determination by the Board of Governors. The Board said yesterday it approved requests for the rate increase from all 12 regional Fed banks. Lenders have borrowed less from the Fed’s district banks as the crisis ebbed and the economy returned to growth. Financial institutions have reduced their reliance on the Fed window. Banks had borrowed $14.1 billion as of Feb. 17, representing less than 1 percent of the central bank’s $2.28 trillion in total assets. A year ago, borrowing stood at $65.1 billion. The Fed continues to add reserves to the banking system with its purchases of $1.43 trillion in housing debt, which are scheduled to end next month. Bernanke used the discount rate as his first policy tool to attack the financial crisis. Before August 2007, the discount rate was set at one percentage point above the federal funds rate. As subprime mortgage defaults began to ripple through the financial system in August 2007, the Fed reduced the spread to half a percentage point and lengthened the term to 30 days from overnight. Bear Stearns Following the rescue of Bear Stearns Cos. in March 2008, the Fed again lowered the spread to a quarter point and extended the term to 90 days. The term was later reduced to 28 days. Yesterday, the Fed board said that effective March 18, the maturity on discount- window loans will be shortened to overnight. The changes are “not expected to lead to tighter financial conditions for households and businesses and do not signal any change in the outlook for the economy or for monetary policy,” yesterday’s statement said. Fed officials reinforced the message in speeches that were previously scheduled for last night. Atlanta Fed President Dennis Lockhart told a Georgia business audience that policy “remains accommodative.” Fed Governor Elizabeth Duke , speaking in Norfolk, Virginia, said the steps “do not signal any change in the outlook for monetary policy.” To contact the reporters on this story: Craig Torres in Washington at ctorres3@bloomberg.net ; Vivien Lou Chen in Memphis at vchen1@bloomberg.net

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Fed Discount-Rate Increase Signals Retreat From Emergency Monetary Easing

February 18, 2010

By Craig Torres and Vivien Lou Chen Feb. 19 (Bloomberg) — The Federal Reserve Board sent its most explicit signal yet that the emergency supply of liquidity to financial markets is done and the most aggressive monetary policy easing in its 96-year history will eventually reverse. Chairman Ben S. Bernanke and his colleagues at the Board of Governors raised the rate charged to banks for direct loans by a quarter-point to 0.75 percent, effective today. It was the first increase in the discount rate since June 2006. The Fed portrayed the decision as a “normalization” of lending that would have no impact on monetary policy, repeating in a statement in Washington yesterday that its benchmark federal funds rate would stay low for an “extended period.” The assurances didn’t stop investors from increasing bets that the Fed would tighten policy in the fourth quarter. The dollar rose and U.S. stock futures fell after the announcement. “The discount rate historically has always been used as a psychological tool for signaling the future course of monetary policy,” said Sung Won Sohn , former chief economist at Wells Fargo & Co. and now an economics professor at California State University-Channel Islands in Camarillo, California. “The bottom line is the Fed is signaling that in the future rates are more likely to go up, rather than stay stable or go down.” U.S. central bankers closed four emergency lending facilities this month and are preparing to reverse or neutralize the more than $1 trillion in excess bank reserves they have pumped into the banking system. The discount-rate increase will encourage banks to borrow in private markets rather than from the Fed, the statement said. ‘Time of Uncertainty’ “There is no way of doing this in times of uncertainty and not cause some reaction in financial markets,” said David Montero-Rosen , chief investment officer at the Graham & Dodd Fund LLC in New York. The dollar rose to $1.3485 per euro as of 1:06 p.m. in Tokyo from $1.3527 late yesterday in New York, after climbing to $1.3444, the strongest since May 18. Futures on the Standard & Poor’s 500 Index expiring in March lost 1.1 percent to 1,093.50. Bernanke prepared investors for the move in Feb. 10 testimony to Congress, saying the discount rate would have to be raised “before long.” In the minutes of the January 26-27 Federal Open Market Committee meeting released Feb. 17, policy makers said an increase “would soon be appropriate.” Even so, the increase came sooner than many analysts and investors expected. ‘Big Surprise’ “The big surprise was the timing,” said Alan Ruskin , head of currency strategy at RBS Securities Inc. in Stamford, Connecticut. “This is just one more very, very clear signal that the abnormal liquidity provisions provided during the crisis are being withdrawn.” Fed Bank of St. Louis President James Bullard yesterday said expectations for an interest-rate increase were exaggerated. “The idea that’s in markets that there’s a high probability that we’ll raise rates later this year is overblown,” Bullard said in response to audience questions after a speech in Memphis, Tennessee. “There’s also some probability, maybe more, that this will extend into 2011.” Larry Meyer , a former Fed governor and vice chairman of Macroeconomic Advisers LLC in Washington, said yesterday’s decision “says absolutely nothing” about the timing of the first increase in the federal funds rate. “We believe that the Fed will not raise the funds rate for the first time until the middle of 2011,” Meyer said in a Bloomberg Television interview. Rate Near Zero The Fed has kept the benchmark rate for overnight borrowing between banks to a range of zero to 0.25 percent since December 2008 and repeated after last month’s policy meeting that the rate would stay low for an “extended period.” Fed officials have nevertheless been warning financial institutions to be prepared for higher rates and are keeping a close watch on leverage, market valuations and overall financial conditions. In January, the Fed Board issued an advisory with other regulators urging banks to strengthen their management of interest-rate risk. Yesterday’s announcement was “basically a psychological message to the marketplace that at some point the Fed does have to begin to pay attention to the potential of inflation down the road,” Kelly King , chairman and chief executive of BB&T Corp., said in an interview with Bloomberg Television. “I don’t think they are going to be moving short-term rates anytime in the very near future.” Regional Fed Banks King is a member of the Richmond Fed’s board of directors, which, like the 11 other regional Fed boards, has the authority to request changes in the discount rate. Those requests are subject to final review and determination by the Board of Governors. The Board said yesterday it approved requests for the rate increase from all 12 regional Fed banks. Lenders have borrowed less from the Fed’s district banks as the crisis ebbed and the economy returned to growth. Financial institutions have reduced their reliance on the Fed window. Banks had borrowed $14.1 billion as of Feb. 17, representing less than 1 percent of the central bank’s $2.28 trillion in total assets. A year ago, borrowing stood at $65.1 billion. The Fed continues to add reserves to the banking system with its purchases of $1.43 trillion in housing debt, which are scheduled to end next month. Bernanke used the discount rate as his first policy tool to attack the financial crisis. Before August 2007, the discount rate was set at one percentage point above the federal funds rate. As subprime mortgage defaults began to ripple through the financial system in August 2007, the Fed reduced the spread to half a percentage point and lengthened the term to 30 days from overnight. Bear Stearns Following the rescue of Bear Stearns Cos. in March 2008, the Fed again lowered the spread to a quarter point and extended the term to 90 days. The term was later reduced to 28 days. Yesterday, the Fed board said that effective March 18, the maturity on discount- window loans will be shortened to overnight. The changes are “not expected to lead to tighter financial conditions for households and businesses and do not signal any change in the outlook for the economy or for monetary policy,” yesterday’s statement said. Fed officials reinforced the message in speeches that were previously scheduled for last night. Atlanta Fed President Dennis Lockhart told a Georgia business audience that policy “remains accommodative.” Fed Governor Elizabeth Duke , speaking in Norfolk, Virginia, said the steps “do not signal any change in the outlook for monetary policy.” To contact the reporters on this story: Craig Torres in Washington at ctorres3@bloomberg.net ; Vivien Lou Chen in Memphis at vchen1@bloomberg.net

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