merrill-lynch

By Debra Mao and Marco Lui March 3 (Bloomberg) — Nancy Kissel , who claimed she killed her Merrill Lynch & Co. banker husband, Robert, in self-defense, was indicted yesterday a second time for murder, according to Hong Kong’s Department of Justice. “There is one single count of murder on the indictment,” Sherlin Fu, a department spokeswoman, said today in an e-mail. Kissel’s lawyer Simon Clarke said today a hearing has been scheduled for Nov. 1. He had yet to receive a copy of the indictment. Clarke said Feb. 12 that an indictment for the lesser charge of manslaughter would be “sensible and just” after Deputy Director of Public Prosecutions Kevin Zervos said an indictment on a count of murder would be refiled. Hong Kong’s Court of Final Appeal on Feb. 11 ruled that evidentiary errors may have prejudiced Kissel’s 2005 murder conviction. The new indictment was filed yesterday, according to the e-mail. The 45-year-old mother of three remains in prison pending a bail application. Kissel was accused of bludgeoning her husband to death in 2003 after giving him a drugged milkshake. She claimed to have killed the banker after he attacked her. The case is HKSAR v. Nancy Ann Kissel , case no. HCCC55/2010, Hong Kong Court of First Instance. To contact the reporters on this story: Debra Mao in Hong Kong at dmao5@bloomberg.net ; Marco Lui in Hong Kong at mlui7@bloomberg.net

The rest is here:
Kissel Indicted Again for Hong Kong Murder of Her Merrill Banker Husband

In this post-bailout age, many American taxpayers may be wondering to themselves, “Just how badly do the big Wall street banks have our nuts in a sling?” As it turns out, pretty badly . In fact, the sling in which our nuts are contained is itself lovingly crocheted from yarn, fashioned from our nuts. And you’ll see a fine example of this in this week’s “Review” section from the March 1, 2010 edition of Barron’s magazine . ITEM: “BofA Settlement Approved” A federal judge, who had rejected an earlier settlement, approved a much larger $150 million deal between Bank of America and the SEC over the bank’s disclosures before it acquired Merrill Lynch. That refers to the settlement reached in a lawsuit brought by New York Attorney General Andrew Cuomo, which claimed “Bank of America’s management – namely former CEO Ken Lewis and fromer CFO Joseph Price – ‘intentionally failed to disclose massive losses at Merrill so that shareholders would vote to approve the merger.’” Hero Judge Jed S. Rakoff rejected an “initial $33 million figure,” and held out for the higher penalty, to be paid out to BofA shareholders. Really sticks it to Bank Of America, right? Well, for some perspective, let’s go back to that Barron’s column and travel a few inches south: ITEM: “In Brief” Former Bank of America Chief Ken Lewis retired with a package totaling $83 million. Now let’s see, 83 goes into 150 approximately 1.81 times, or to put it another way, 83 is 55.3% of 150. My, my… what a serious penalty! I’m guessing that the irony here may be lost on Barron’s readership, or, indeed, the authors of this piece. But are you feeling that tug on your crotch, yet? [Would you like to follow me on Twitter ? Because why not? Also, please send tips to tv@huffingtonpost.com -- learn more about our media monitoring project here .]

Originally posted here:
The BofA Merrill Settlement, In Perspective

Bank of America Pays $29.9 Million to Montag, Keeps Merrill Lynch Promises

February 27, 2010

By Dakin Campbell Feb. 27 (Bloomberg) — Bank of America Corp. gave Thomas Montag a $29.9 million compensation package in 2009 for running its global banking and markets units and to fulfill promises made when Merrill Lynch & Co. hired him in 2008. Montag, president of the unit that includes trading and investment banking, received more than the $6.51 million awarded to new Chief Executive Officer Brian Moynihan , according to a regulatory filing . Also yesterday, Citigroup Inc. said CEO Vikram Pandit was paid $125,001 for last year, reflecting compensation in the weeks before he voluntarily took a cut to $1 a year. Wells Fargo & Co. announced it had cut the 2010 base pay for most top executives. “With regard to Bank of America, this is another example of pay for attendance rather than pay for performance,” Frank Glassner , CEO of Veritas Executive Compensation Consultants LLC in San Francisco, said in a phone interview. Banks are working to retain executives while facing pressure from lawmakers to cut compensation and quell public anger about taxpayer bailouts. Former Bank of America CEO Kenneth D. Lewis , who stepped down last year after four decades at the bank, accumulated more than $80 million in benefits during his career, according to the company’s filing. Keeping Montag was a priority last year for Bank of America, the biggest U.S. bank. The Charlotte, North Carolina- based company installed new management and repaid $45 billion in U.S. bailout funds to escape federal caps on compensation. Montag, Price Montag, 53, exceeded the $6.12 million earmarked for Joe Price , the former finance chief now in charge of consumer banking. Montag joined Bank of America four months before it agreed to buy Merrill Lynch in September 2008. John Thain , then Merrill Lynch’s CEO, “probably thought that having Montag around would make Merrill more attractive,” said David Schmidt , senior consultant at James F. Reda & Associates in New York, which specializes in compensation. “Companies are willing to put a lot of money on the table to get somebody good.” Wells Fargo, based in San Francisco, halved CEO John Stumpf’s salary to $2.8 million from $5.6 million for 2010 and slashed pay for most top executives, according to a company filing. The company said salaries would be paid in cash instead of last year’s mix of cash and stock. The reduction reflects the board’s desire to tie more pay to company performance because additional compensation may take the form of shares whose value can rise or fall with the firm, spokeswoman Melissa Murray said in an interview. Salary Doubles David Carroll , Wells Fargo’s head of wealth management, saw his salary more than double to $1.5 million from $700,000. Chief Financial Officer Howard Atkins will receive $1.7 million in 2010, down from $3.4 million last year. Base pay for both David Hoyt , head of wholesale banking, and Mark Oman , head of home and consumer finance, was cut to $2 million from $3.9 million, the company said. The salaries take effect March 1. The package for Citigroup’s Pandit, 53, reflects the bank’s failure to turn a profit last year and eliminate lingering bailout obligations from late 2008. Pandit, who got $38 million in 2008, used a February 2009 congressional hearing to declare that he would cut his own pay to $1 a year until the bank returned to profitability. Citigroup had a net loss of $1.6 billion in 2009 after losing $27.7 billion the prior year. Citigroup Vice Chairman Edward “Ned” Kelly , who was chief financial officer from March to July and negotiated most of the bank’s deals with the government, got $8 million for 2009, including salary, bonus and other pay, New York-based Citigroup said yesterday in a regulatory filing. Trading and investment- banking chief John Havens got $9.5 million. Executives Other Citigroup executives whose pay was disclosed in the filing include Latin America regional chief Manuel Medina-Mora , who got $9 million for 2009. Chief Financial Officer John Gerspach got $5 million. Alberto Verme , Citigroup’s top executive for Central and Eastern Europe, got $7.43 million. Compensation for Bank of America’s Montag included $29.3 million of stock awards and $586,539 of salary. The package included a $20 million restricted stock award set in May 2008 when Merrill Lynch hired Montag, “well before the Bank of America acquisition ,” the lender said in the filing. The lender’s global banking and markets units, headed by Montag, reported a profit of $10.2 billion last year, helping offset losses from the company’s home-loan and credit-card businesses. Montag’s total compensation is among the highest reported by U.S. bankers this year. JPMorgan Chase & Co.’s Jamie Dimon received $17 million. Lloyd Blankfein , head of Goldman Sachs Group Inc., received $9.7 million. To contact the reporter on this story: Dakin Campbell in San Francisco at dcampbell27@bloomberg.net

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Ken Lewis, Former Bank Of America CEO, Left With $83 Million In Pay

February 26, 2010

Former Bank of America CEO Ken Lewis, who retired at the end of last year, took a package of stock and benefits valued at $83 million with him when he left, the Wall Street Journal reports: Mr. Lewis, who retired Dec. 31, got 2009 compensation of $4.2 million. That came largely from an increase in the value of his pension benefits. The former CEO agreed last fall to give up his 2009 base salary and any chance at a bonus at the request of Treasury Department pay czar Kenneth Feinberg. Mr. Feinberg made the request based on concerns about the amount of benefits Mr. Lewis could collect upon retirement. Lewis did not receive a salary or bonus in 2009, although he was paid just over $32K in various perks, according to the Associated Press: Lewis, who stepped down as CEO on Dec. 31, received no salary or bonus. His compensation was limited to perks including tax services, home security and parking, according to a preliminary filing disclosed to the Securities and Exchange Commission. Lewis’ 2008 compensation was valued at $9 million. He resigned after almost a year of strife that followed the bank’s purchase of Merrill Lynch. He was succeeded as CEO by Brian Moynihan, formerly head of the bank’s consumer banking division. Moynihan’s 2009 compensation, including salary and stock awards, was valued at $6.03 million, up 32 percent over 2008, according to the filing. Both Lewis’ and Moynihan’s pay was dwarfed by the bank’s head of global banking and markets, Tom Montag, whose 2009 pay was valued at $29.9 million. The bulk of Montag’s pay was in restricted stock. Bank of America said Montag’s stock award was a “contractual commitment” made by Merrill Lynch, which hired Montag in April 2008 before the company being acquired by Bank of America. Bank of America received $25 billion in government bailout money at the height of the credit crisis in fall 2008. It received an additional $20 billion in January 2009 to help offset losses it absorbed as part of the Merrill Lynch acquisition. The bank repaid the money in December, but rancor over the Merrill deal continued. Earlier this month, New York Attorney General Andrew Cuomo filed civil charges against Bank of America and Lewis, saying the bank misled investors about Merrill Lynch before it acquired the Wall Street bank in early 2009. The charges grew out of from accusations that Bank of America failed to properly disclose losses at Merrill and bonuses paid to investment bank employees before the deal closed. The bank has denied the accusations. Bank of America was eager to repay its bailout money to avoid compensation restrictions imposed by the government pay czar Kenneth Feinberg. Story continues below The AP’s executive pay calculation aims to isolate the value the company’s board placed on the CEO’s total compensation package. The figure includes salary, bonus, incentives, perks and the estimated value of stock options and awards. The calculations don’t include changes in the present value of pension benefits, and they sometimes differ from the totals companies list in the summary compensation table of proxy statements filed with the SEC, which reflect the size of the accounting charge taken for the executives compensation in the previous fiscal year.

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Japanese Stocks Rise After Bernanke Comments on Rates; Mazda, Toyota Climb

February 24, 2010

By Kana Nishizawa Feb. 25 (Bloomberg) — Japanese stocks rose after Federal Reserve Chairman Ben S. Bernanke said the U.S. economy requires low interest rates to spur demand. Toyota Motor Corp. , the world’s largest automaker, climbed. Mazda Motor Corp., Japan’s second-largest car exporter, advanced after Merrill Lynch & Co. raised its rating to “buy” from “underperform.” Canon Inc. , the world’s largest camera maker, gained. Mitsui & Co., whose biggest source of profit is commodities, advanced after oil rose in New York yesterday. “Bernanke’s comment gave the market a sense of relief,” said Mitsushige Akino , who oversees about $450 million at Tokyo- based Ichiyoshi Investment Management Co. The Nikkei 225 Stock Average rose 0.3 percent to 10,225.40 in Tokyo as of 9:21 a.m. The broader Topix index gained 0.2 percent to 896.84, with about nine stocks advancing for every five that fell. The Topix index fell 1.3 percent this year to yesterday on speculation central banks will tighten monetary policy, and that Greece, Spain and Portugal will struggle to curb deficits. The Standard & Poor’s 500 Index rose 1 percent in New York yesterday after Bernanke said the economy still needs low interest rates. He said a slack labor market and low inflation will allow the Federal Open Market Committee to keep the benchmark lending rate low “for an extended period.” Crude oil for April delivery advanced 1.5 percent in New York yesterday, its biggest gain in a week. The London Metal Exchange Index of six metals including copper and zinc rose 0.3 percent yesterday, its first increase in three days. To contact the reporter for this story: Kana Nishizawa in Tokyo at knishizawa5@bloomberg.net .

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China’s Politburo Signaling Interest Rates to Stay on Hold, Merrill Says

February 22, 2010

By Bloomberg News Feb. 23 (Bloomberg) — China may refrain from interest- rate increases until the fourth quarter after the Communist Party’s Politburo reiterated a “moderately loose” monetary policy, Bank of America-Merrill Lynch said. The party’s top decision-making body yesterday also reaffirmed a “proactive” fiscal policy, the state-run Xinhua News Agency reported. The statement was ahead of the meeting of the National People’s Congress, starting in Beijing on March 5, where Premier Wen Jiabao will make an annual address to the nation. The latest statement signals “that policy changes won’t be a drastic U-turn and interest rates could be hiked only in the fourth quarter,” Lu Ting, a Hong Kong-based economist at Merrill, said in an e-mailed note today. Chinese officials aim to rein in record credit growth to prevent inflation and asset bubbles from undermining the recovery of the world’s third-biggest economy. Officials have set a target of 7.5 trillion yuan ($1.1 trillion) of new loans this year, compared with 9.59 trillion yuan in 2009, and twice raised reserve requirements for lenders this year. The key one-year lending rate has stayed unchanged at a five-year low of 5.31 percent since December 2008 after cuts to counter the effects of the global financial crisis. — Paul Panckhurst . Editors: Russell Ward To contact the reporter on this story: Paul Panckhurst in Beijing at ppanckhurst@bloomberg.net

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BofA Settlement With SEC Over Merrill Lynch Deal Wins U.S. Court Approval

February 22, 2010

By David Glovin Feb. 22 (Bloomberg) — Bank of America Corp. , the largest U.S. bank, won court approval of a $150 million settlement with the Securities and Exchange Commission over alleged misstatements about the purchase of Merrill Lynch & Co. U.S. District Judge Jed Rakoff in New York said today he “reluctantly” approved the settlement of two suits in which the agency accused the Charlotte, North Carolina-based bank of misleading investors following the announcement that it would acquire Merrill Lynch & Co. A trial was scheduled for March 1 had Rakoff rejected the accord, as he did an earlier $33 million settlement. Rakoff said he would have rejected the settlement were he simply deciding whether it was fair, reasonable and adequate. “But as both parties never hesitate to remind the court, the law requires the court to give substantial deference to the SEC as the regulatory body having primary responsibility for policing the securities markets,” he wrote. The SEC alleged in an Aug. 3 lawsuit that Bank of America misled investors about Merrill’s bonus payments. The agency expanded its claims in a later suit, saying the bank also failed to disclose Merrill’s expected losses. Rakoff issued today’s ruling after lawyers for the two sides responded to eight queries from the judge. The settlement requires the bank to take steps over the next three years to strengthen corporate governance. Cuomo Suit The $150 million settlement was announced Feb. 4, the same day New York Attorney General Andrew Cuomo sued Kenneth Lewis, former Bank of America chief executive officer, and ex-Chief Financial Officer Joseph Price for fraud. Both denied wrongdoing. Rakoff sought to determine whether Bank of America fired General Counsel Timothy Mayopoulos in December 2008 in retaliation for requesting broader disclosure by the bank. The SEC told Rakoff it found no evidence to support such a claim. Cuomo said the firing was retaliatory. Before issuing his ruling today, Rakoff reviewed transcripts of witness testimony before the two agencies. The judge asked whether the bank and the SEC would agree to give him and the SEC final say over the choice of the company’s new compensation consultant. Lawyers for Bank of America objected to this request, and SEC attorneys said they didn’t want a role in the selection. August Suit In its August lawsuit, the SEC alleged that Bank of America misled investors about Merrill’s bonus payments. The bank said in a November 2008 proxy statement that Merrill Lynch agreed not to pay year-end bonuses when the bank had already agreed to Merrill’s plan to pay as much as $5.8 billion, the suit said. In January, the SEC said in another complaint that the bank also failed to disclose Merrill Lynch’s expected losses. In his opinion today, Rakoff said he will approve the accord “provided that, by no later than this Thursday,” the parties give him a new judgment with revisions to which they have already agreed. He quoted a New York Yankees baseball great about the “tortured background of these cases.” Citing “the great American philosopher Yogi Berra ,” Rakoff prefaced his discussion of whether he would approve the settlement by quoting him as saying, “I wish I had an answer to that question because I’m tired of answering that question.” The case is Securities and Exchange Commission v. Bank of America Corp., 09-cv-06829, U.S. District Court, Southern District of New York (Manhattan). To contact the reporters on this story: David Glovin in New York federal court at dglovin@bloomberg.net ;

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Foreign Demand for U.S. Financial Assets Slowed in December on China Sales

February 16, 2010

By Vincent Del Giudice Feb. 16 (Bloomberg) — International demand for long-term U.S. stocks, bonds and financial assets grew at a slower pace in December than a month earlier, as China sold U.S. government securities, a U.S. Treasury Department report showed. Net buying of long-term equities, notes and bonds totaled $63.3 billion for the month, compared with net purchases of $126.4 billion in November, the Treasury said in Washington. Including short-term securities such as stock swaps, foreigners purchased a net $60.9 billion in December, compared with net buying of $30.7 the previous month. China has questioned the dollar’s dominance as the world’s reserve currency. In the U.S., spending to avert an economic collapse sent the federal budget deficit above $1 trillion for the first time ever in fiscal 2009, and economists said that may deter investment from abroad. “The U.S. may not be able to get its government spending under control,” said Chris Rupkey , chief financial economist at Bank of Tokyo-Mitsubishi UFJ Ltd. in New York, before today’s report. “But it is still seen as an island of relative safety.” China was a net seller of U.S. Treasuries for a second straight month, after sales of $34.2 billion, the report showed. Japan replaced China as the top foreign holder of U.S. government debt, after net purchases of $11.5 billion raised its total to $768.8 billion. Economists surveyed by Bloomberg News ahead of today’s survey projected long-term U.S. financial assets would show a net increase of $35.4 billion in December. Estimates ranged from $15 billion to $68.2 billion, according to the seven forecasts compiled in the survey. The Standard & Poor’s 500 Index rose 1.8 percent in December and the Dollar Index , a gauge of its strength against six other major currencies, jumped 4 percent. U.S. Treasuries lost 2.64 percent in the final month of 2009, according to an index compiled by Bank of America Corp.’s Merrill Lynch unit. The Treasury’s reporting on long-term securities captures international purchases of government notes and bonds, stocks, corporate debt and securities issued by U.S. agencies such as Fannie Mae and Freddie Mac , which buy home mortgages. Foreign purchases of Treasury notes and bonds rose to a net $69.9 billion in December compared with purchases of $117.9 billion in November. Foreign demand for U.S. agency debt from companies such as Fannie Mae and Freddie Mac registered net buying of $49 million in December after buying of $5.9 billion. Net foreign purchases of equities were $20.1 billion in December after net purchases of $9.7 billion in November. Investors sold a net $7.9 billion in U.S. corporate debt in December, the seventh straight month of net sales. To contact the reporters on this story: Vincent Del Giudice in Washington at Or vdelgiudice@bloomberg.net

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Stocks, Commodities Advance on Economic Growth; Dollar, Treasuries Retreat

February 16, 2010

By Nikolaj Gammeltoft and David Merritt Feb. 16 (Bloomberg) — Stocks rose around the world as improved earnings at Barclays Plc and faster-than-estimated growth in New York manufacturing spurred optimism the global economic recovery will be sustained. Commodity prices rallied as the dollar weakened. The Standard & Poor’s 500 Index climbed 1.2 percent at 11:28 a.m. in New York and the MSCI World Index increased 1.3 percent. Copper rose to a three-week high and nickel advanced to the highest price since August, while oil rallied 3.9 percent to above $77 a barrel. Treasury 10-year notes were little changed. Barclays doubled its profit in 2009, providing further evidence that government efforts to underpin the financial industry are working after banks worldwide recorded $1.7 trillion in losses and writedowns. The Federal Reserve Bank of New York’s general economic index showed the fasted growth in manufacturing in four months. The reports overshadowed skepticism that Greece will be able to pull itself out from under the European Union’s largest budget deficit. “Earnings are coming in pretty strong and that’s what moves markets in the end,” said John Carey , a Boston-based money manager at Pioneer Investment Management, which oversees more than $200 billion. “Manufacturing is increasing globally and there will be demand for raw materials, even in the U.S. we’re seeing an increase in manufacturing. People are positioning themselves to take advantage that.” The S&P 500 added to gains from last week’s advance, its first weekly increase in more than a month. U.S. markets were closed yesterday for the Presidents’ Day holiday. The Dollar Index, which tracks the U.S. currency against those of six major trading partners, dropped 0.5 percent to 79.94. Earnings Season Forty-five companies in the benchmark gauge for U.S. stocks are scheduled to release results this week, including Hewlett- Packard Co. and Wal-Mart Stores Inc. More than 350 companies in the S&P 500 have reported fourth-quarter earnings since Jan. 11, and about three-quarters of them have beaten analysts’ estimates, according to data compiled by Bloomberg. Merck & Co. rallied 2.1 percent today after the drugmaker topped analyst estimates, while Kraft Foods Inc. slipped after organic sales climbed less than some analysts projected. The S&P GSCI Index of 24 commodities climbed 3.7 percent, as zinc, silver, lead and gold advanced more than 3 percent. Copper for delivery in three months increased 3.8 percent to $3.221 a pound in New York and nickel jumped 4.1 percent to $20,150 a ton in London. Gold for immediate delivery rallied as much as 1.8 percent to $1,121 an ounce, the highest price since Jan. 19. Metal Bookings Bookings of metals from aluminum to zinc for shipments out of warehouses registered with the London Metal Exchange picked up this year, according to Michael Widmer , metals strategist at Bank of America-Merrill Lynch in London. Nickel has increased 16 percent since the beginning of last week as planned transfers rose to the highest levels since Feb. 12. Europe’s Dow Jones Stoxx 600 Index climbed for the sixth time in seven days, rising 0.8 percent. BHP Billiton led basic- resource shares higher, gaining 3.3 percent in London. The world’s largest mining company was upgraded to “buy” from “hold” at ING Groep NV. Barclays surged 6.9 percent to 294.1 pence in London. The U.K. bank said second-half profit more than doubled as investment banking and the sale of a fund-management unit bolstered results. ‘Positive News’ “Corporate earnings have provided some positive news, which helped to improve sentiment,” said Neil Jones , head of hedge-fund sales at Mizuho Corporate Bank Ltd. in London. “You will need fresh bad news to fuel further risk-aversion trade, which in my view has gone too far lately.” The MSCI Asia Pacific Index rose 0.4 percent. Westpac Banking Corp., Australia’s second-biggest lender, jumped 6.2 percent in Sydney as first-quarter profit climbed. OneSteel Ltd. surged 5.6 percent after the steelmaker said demand is improving. Greek stocks and bonds fell as European finance ministers, meeting in Brussels, prepared to force the country to find more ways to pare its budget deficit. Greek bonds tumbled, with the yield on the benchmark 10- year note rising 19 basis points to 6.44 percent. The ASE Index of stocks fell 1.7 percent, the biggest decline among Europe’s major equity benchmarks. Credit-default swaps on Greek government bonds rose 15.5 basis points to 370, according to CMA DataVision prices, signaling deteriorating perceptions of the country’s creditworthiness. European finance ministers signaled yesterday that Greece may need to step up efforts to cut its deficit rather than rely on a bailout by fellow euro-member nations. ‘Risk of Disappointment’ “The risk of disappointment is high as officials take the view that giving Greece a lifeline until March is the best way forward and imposing sanctions should not be ruled out,” Kenneth Broux , a senior market economist at Lloyds Banking Group Plc in London, wrote in a client note today. “There is no word on a plan B if the efforts to cut public spending are rated unsatisfactory.” Investors turned the most pessimistic on global equities in five months in February, as concerns about European sovereign debt prompted money managers to scale back their outlook for growth and build up cash levels, a BofA Merrill Lynch Global Research survey showed. The Micex Index in Russia, the world’s biggest energy exporter, climbed 3.2 percent, the steepest advance among global benchmark equity indexes. The MSCI Emerging Markets Index of shares in 22 developing nations climbed 0.9 percent to the highest level in almost two weeks. The euro snapped four days of losses against the dollar, rising 0.9 percent, on speculation the declines spurred by Greece’s financial turmoil were exaggerated. The Australian dollar strengthened versus all of its 16 most-traded peers after minutes of the central bank’s Feb. 2 meeting indicated policy makers are more likely to raise interest rates next month if the economy improves. To contact the reporters on this story: Nikolaj Gammeltoft in New York at ngammeltoft@bloomberg.net ; David Merritt in London at dmerritt1@bloomberg.net .

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Kissel Will Be Indicted for Murder at Retrial, Hong Kong Prosecutor Says

February 13, 2010

By Debra Mao Feb. 13 (Bloomberg) — Nancy Kissel will be indicted again for murder after Hong Kong’s top court overturned her 2005 conviction for killing her husband, a Merrill Lynch & Co. banker, Deputy Director of Public Prosecutions Kevin Zervos said. “An indictment on a count of murder will be refiled,” probably by the end of next week, he said in an interview yesterday. Hong Kong’s Court of Final Appeal on Feb. 11 ordered Kissel to be retried after finding that evidential errors may have prejudiced the jury that convicted her of murdering her husband Robert, who ran Merrill’s distressed assets business in Asia. The 45-year-old mother of three remains in prison pending a successful bail application. Kissel’s lawyer, Simon Clarke , said evidence of diminished responsibility makes a manslaughter charge “the sensible and just thing.” “We welcome and have no fear defending murder charges,” he said yesterday. A manslaughter conviction could carry a sentence of 8 to 12 years rather than the life term Kissel was serving, Clarke said. Having already served six years, “she could be due for release shortly after receiving such a verdict,” he said. Kissel was accused of bludgeoning her husband to death in 2003 after giving him a drugged milkshake. She claimed to have killed the banker in self-defense, testifying that she suffered years of abusive sex and he was a cocaine addict. The court ruled that hearsay evidence on her intent to kill and cross-examination on bail material made her original trial unfair. Four of the five justices didn’t accept a third ground of appeal, that the trial judge had misdirected the jury on the definition of self-defense. Clarke also said Feb. 11 that Kissel may apply for an indefinite delay on a retrial, citing the publicity the case has received and the difficulty in getting an unbiased jury. “The community very broadly has been exposed to very prejudiced views,” Clarke said, referring to how the media dubbed her the “milkshake murderer.” The case is HKSAR v. Nancy Ann Kissel , case no. FACC2/2009, Hong Kong Court of Final Appeal. To contact the reporter on this story: Debra Mao in Hong Kong at dmao5@bloomberg.net

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Goldman Sachs’s Spilker Exits Firm After 20 Years; Forst Named Replacement

February 12, 2010

By Christine Harper and Bradley Keoun Feb. 12 (Bloomberg) — Marc Spilker , co-head of Goldman Sachs Group Inc. ’s fund-management division, is leaving the firm after about two decades, according to an internal memorandum. Spilker, 45, will be replaced by Edward Forst , who rejoined the firm last year as a senior strategy officer after a year as Harvard University’s first executive vice president and principal operating officer, according to a separate memo. Both memos were signed by Chairman and Chief Executive Officer Lloyd Blankfein and President Gary Cohn and confirmed by Andrea Raphael , a Goldman Sachs spokeswoman in New York. Goldman Sachs’s Investment Management Division, which oversees funds for institutions and wealthy individuals, has had a series of leadership changes in the last three years. Spilker and Tim O’Neill were promoted to help run the division in June 2008, when Forst left to join Harvard. Three months earlier, Co-Head Peter Kraus left after almost 22 years at the firm, later surfacing at Merrill Lynch & Co. to work with former Goldman Sachs colleague, John Thain . Eric Schwartz , a previous co-head of the division, left Goldman Sachs in 2007 after 23 years. Spilker joined Goldman Sachs in 1990 and became a partner in 1996. Before joining the investment management division in 2006 as head of global alternative asset management, Spilker was responsible for U.S. equities trading and global equity derivatives. He previously ran fixed-income, currencies, and commodities in Japan and served as global head of foreign exchange options. As one of the 30 members of Goldman Sachs’s management committee, he received no cash bonus for his performance in 2009. Spilker will become a “senior director” of the firm, according to the memo. Senior directors serve in an advisory capacity and aren’t employees. “Marc has made outstanding contributions throughout the firm and has mentored many colleagues who have developed into our important leaders,” Blankfein and Cohn said in the memo. The changes take effect at the end of February, they said. To contact the reporter on this story: Christine Harper in New York at charper@bloomberg.net .

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CIT Hires Ousted Merrill Lynch Chief John Thain to Run 102-Year-Old Lender

February 8, 2010

By Christine Harper and Linda Shen Feb. 8 (Bloomberg) — John Thain , the ousted chief of Merrill Lynch & Co., was named to lead CIT Group Inc. , the commercial lender that emerged from bankruptcy in December, after almost a four-month search for a replacement. Thain, 54, becomes chairman and chief executive officer immediately, New York-based CIT said yesterday in a statement. The century-old lender had been led by Jeffrey Peek , another former Merrill Lynch executive, from July 2004 until Jan. 15, when Peek stepped down and board member Peter Tobin was named interim CEO. The job restores Thain to the top of a public company more than a year after he was pushed out by Kenneth D. Lewis , then CEO of Bank of America Corp. , which agreed to buy Merrill Lynch during the 2008 financial crisis. Thain inherits a company that was crippled by Peek’s foray into subprime lending before the bankruptcy. CIT still operates under constraints tied to a federal bailout in 2008 and is shut out from the commercial paper market, its traditional source of funding. “If he can pull this off, he’s going to be the king,” Brian Charles , a debt and equity analyst with R.W. Pressprich & Co., said in an interview. CIT rose 2.9 percent to $31.65 by 10:32 a.m. in German trading, after closing at $30.75 in New York Stock Exchange composite trading on Feb. 5. Need to Do Well CIT provides business loans to more than 3,000 companies and is the third-largest railcar-leasing and aircraft-financing firm in the U.S., according to its Web site. With 4,480 employees at the end of September, CIT is a fraction of the size of Merrill Lynch, which had a staff of more than 64,000 when Thain arrived. “This is a company that’s over 100 years old and its core business is lending to small- and medium-sized companies,” Thain said yesterday in an interview. “If we’re going to get the U.S. economy to continue to grow, if we’re going to create jobs, then we need to have this kind of a company do well.” Before joining Merrill Lynch in December 2007, Thain ran NYSE Euronext , the company that owns the New York Stock Exchange, and spent about 24 years at Goldman Sachs Group Inc. , the most profitable securities firm in Wall Street history. At CIT, Thain’s pay is subject to compensation restrictions imposed on management of companies that have received funds from the Troubled Asset Relief Program, or TARP. He will receive $500,000 in salary and $5.5 million in shares, of which $2.5 million is restricted for one year and $3 million is locked up for three years, CIT said in a regulatory filing today. Pay at Merrill Thain may also be eligible for a $1.5 million “incentive” payment in restricted shares, contingent on his performance, that will vest after two years and can’t be sold for three years, CIT said in the filing. CIT can claw back the $1.5 million discretionary award under certain conditions, including a determination that Thain has taken “excessive and unnecessary risk,” according to the filing. Merrill Lynch agreed to pay Thain $44 million in bonus, salary and stock when he took over that firm, which he arranged to sell less than a year later to Bank of America. Lloyd Blankfein , chairman and CEO of Goldman Sachs, was awarded $9.6 million in restricted stock and salary for his performance in 2009, while Jamie Dimon , chairman and CEO of JPMorgan Chase & Co. , got about $17 million in restricted stock and options. Thain said CIT could exit TARP within the next few months by extinguishing “contingent value rights” that the government received during the bankruptcy. Salt Lake City For CIT, Thain must find lower-cost sources of funding, lift restrictions on its banking unit and win over regulators wary after the bankruptcy filing wiped away a $2.3 billion Treasury Department stake. CIT, unable to win a second round of government assistance, was forced into bankruptcy after posting losses from subprime and student lending for 10 consecutive quarters totaling more than $6 billion. The company has been trying to move its small-business lending, trade finance and U.S. vendor finance operations to CIT’s Salt Lake City-based banking unit so it can use deposits as a source of cheaper funding for loans. Thain said in the interview that he wants to spend the first couple of months reviewing CIT’s businesses to figure out how they can be funded most effectively. Some units can fit into CIT’s Utah-based bank if Thain can get the Federal Deposit Insurance Corp. to lift a “cease and desist order” it has placed on that business, he said. He said it’s too early to speculate about whether the other businesses, which have traditionally relied on funding from the capital markets, should be sold. Asked if the entire company might be sold, Thain replied that he wouldn’t rule it out. The current plan is to run CIT as an independent entity, he said. CIT Reorganized “His experience at Goldman, his experience, particularly at the New York Stock Exchange, which was a restructuring of sorts, really helped us hold him in good stead in terms of what he has to accomplish at CIT,” Tobin said yesterday in an interview. CIT’s bankruptcy reorganization cleared away $10.5 billion in debt and pushed back bond maturities for three years. The firm recruited seven new independent directors and named Tobin as interim CEO after Peek’s exit. Egon Zehnder International was hired to find a replacement. The company will rely on Thain to “continue CIT’s transition to a more streamlined commercial lender,” CIT said. This month, Chief Operating Officer Alexander Mason became the fourth executive to announce a departure, saying he would step down Feb. 26. Earlier, CIT Chief Financial Officer Joseph Leone said he would retire in April, and Chief Risk Officer Nancy Foster stepped down Dec. 31. ‘Well-Respected’ Thain said naming new senior managers will be a priority. Nelson Chai , who was Thain’s CFO at Merrill Lynch and NYSE Euronext, will probably be a candidate for the CFO position at CIT Group, Thain said. “John is a well-respected financial services executive and proven leader who is uniquely qualified to lead CIT at this critical stage,” CIT lead director John Ryan said in a statement yesterday. “CIT and its customers will benefit enormously from his breadth of experience, industry acumen and deep knowledge of the financial services sector.” Thain’s departure from Merrill Lynch after Bank of America’s takeover was clouded by criticism about Merrill’s plan to pay $3.6 billion in bonuses even as the firm’s losses swelled to $27.6 billion. Thain has said Bank of America was aware of the bonuses and had been kept informed about the losses. Focused on CIT Last week, New York Attorney General Andrew Cuomo filed a civil fraud case against Bank of America, former CEO Lewis and the former Chief Financial Officer Joe Price . The case alleges that they deceived investors and taxpayers in 2008 by not disclosing losses at Merrill Lynch before shareholders voted on the firm’s pending takeover, and used those losses to extract more bailout funds from U.S. regulators. Bank of America, based in Charlotte, North Carolina, has called the charges “totally without merit” and lawyers for Lewis and Price have denied wrongdoing. The lawsuit “stands on its own and I’m glad that the truth has come out,” Thain said. “I’m focused on CIT and I’m focused on moving forward — that is history to me.” One lesson of his experience at Merrill Lynch will stick with him. Thain’s departure coincided with revelations that he’d spent $1.2 million to redecorate his office at the money-losing company when he joined in 2007. He later said the renovation was a mistake and reimbursed the firm. At CIT, “I think I’ll keep my office exactly the way it is,” he said. To contact the reporters on this story: Christine Harper in New York at charper@bloomberg.net ; Linda Shen in New York at lshen21@bloomberg.net .

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Video: Geduld Says BofA Is `Stronger, Better’ After Merrill Buy: Video

February 5, 2010

Feb. 5 (Bloomberg) — Buzzy Geduld, chief executive officer of Cougar Trading, talks with Bloomberg’s Margaret Brennan about the civil fraud case filed yesterday by New York Attorney General Andrew Cuomo against former Bank of America Corp. Chief Executive Officer Ken Lewis and ex-Chief Financial Officer Joe Price and the company itself. Cuomo, in court filings, claims they allegedly deceived investors and taxpayers in 2008 by not disclosing losses at Merrill Lynch & Co. before shareholders voted on the firm’s pending takeover. (Source: Bloomberg)

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Bank of America Settles SEC Suit for $150 Million as Cuomo Sues for Fraud

February 4, 2010

By David Scheer Feb. 4 (Bloomberg) — Bank of America Corp. agreed to pay $150 million and strengthen corporate governance to settle U.S. Securities and Exchange Commission claims it misled shareholders about bonuses and losses while acquiring Merrill Lynch & Co. The settlement is subject to approval by U.S. District Court Judge Jed Rakoff, the regulator said in a statement today. In September, he rejected a proposed $33 million accord over disclosures about Merrill Lynch’s bonuses, ruling it wasn’t fair or reasonable. The SEC expanded its claims last month, saying the bank also failed to disclose Merrill Lynch’s expected losses. The new settlement was announced as New York Attorney General Andrew Cuomo said the state is suing former Bank of America Chief Executive Officer Kenneth R. Lewis and ex-Chief Financial Officer Joseph Price for fraud. It would require Bank of America, based in Charlotte, North Carolina, to take seven steps in the next three years to bolster corporate governance and internal controls. “The relief contemplated by the proposed order is fair, reasonable, adequate and in the public interest,” the SEC wrote to Rakoff in a court filing today, seeking approval of the settlement. To contact the reporter on this story: David Scheer in New York at dscheer@bloomberg.net .

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Bank of America Settles SEC Suit for $150 Million as Cuomo Sues for Fraud

February 4, 2010

By David Scheer Feb. 4 (Bloomberg) — Bank of America Corp. agreed to pay $150 million and strengthen corporate governance to settle U.S. Securities and Exchange Commission claims it misled shareholders about bonuses and losses while acquiring Merrill Lynch & Co. The settlement is subject to approval by U.S. District Court Judge Jed Rakoff, the regulator said in a statement today. In September, he rejected a proposed $33 million accord over disclosures about Merrill Lynch’s bonuses, ruling it wasn’t fair or reasonable. The SEC expanded its claims last month, saying the bank also failed to disclose Merrill Lynch’s expected losses. The new settlement was announced as New York Attorney General Andrew Cuomo said the state is suing former Bank of America Chief Executive Officer Kenneth R. Lewis and ex-Chief Financial Officer Joseph Price for fraud. It would require Bank of America, based in Charlotte, North Carolina, to take seven steps in the next three years to bolster corporate governance and internal controls. “The relief contemplated by the proposed order is fair, reasonable, adequate and in the public interest,” the SEC wrote to Rakoff in a court filing today, seeking approval of the settlement. To contact the reporter on this story: David Scheer in New York at dscheer@bloomberg.net .

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UBS Voted Top European Equity Researcher for Ninth Year in Magazine’s Poll

February 2, 2010

By Alexis Xydias Feb. 2 (Bloomberg) — UBS AG was voted Europe’s top brokerage for equity research for a ninth straight year in a poll for Institutional Investor magazine. Nomura Holdings Inc., JPMorgan Chase & Co. and Credit Suisse Group AG tied for second. A total of 28 analyst teams at Zurich-based UBS were voted among the best researchers in the region, the publication said on its Web site today. Nomura, which jumped from eighth place, JPMorgan and Credit Suisse each had 22 favorably ranked teams. The changing positions reflect upheavals in the industry, with banks purchasing rivals and analysts switching employers as bonuses were slashed. Europe’s Dow Jones Stoxx 600 Index surged 61 percent from March 9 to Dec. 31, pushing the gauge to its biggest annual gain in a decade. Tokyo-based Nomura, which bought Lehman Brothers Holdings Inc. ’s European operations after the U.S. bank’s bankruptcy in 2008, lured the largest number of new votes after poaching analysts from brokerages including Dresdner Kleinwort, Citigroup Inc. and Bank of America Corp.’s Merrill Lynch unit. Merrill Lynch fell to fifth place from second in 2009, the magazine said. Deutsche Bank AG , Morgan Stanley and Citigroup were ranked sixth to eighth, respectively. New York-based Citigroup had won third place in 2009. The results were based on responses from more than 1,100 investors at about 500 institutions managing an estimated $5.4 trillion in European equities, Institutional Investor said. To contact the reporters on this story: Alexis Xydias in London at axydias@bloomberg.net .

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Macquarie Hires BofA’s Hogg to Run Debt Capital Markets in U.S. Expansion

February 1, 2010

By Emre Peker Feb. 2 (Bloomberg) — Macquarie Group Ltd. hired Christopher Hogg , a developer of one of the most popular corporate financing tools of the 1990s, as the Australian investment bank expands its U.S. operations. Hogg began work yesterday as a managing director, running the debt capital markets division serving financial-services clients, Macquarie Group spokesman Alex Doughty said in a statement. He joined from Bank of America Corp. , where he had co-headed the financial institutions capital markets group since 2008, according to the statement. Hogg is the latest of about 50 director-level executives that Macquarie has added in the past year to expand its U.S.- based advisory, capital markets and restructuring operations. The Sydney-based company also agreed last September to buy boutique U.S. investment bank Fox-Pitt Kelton Cochran Caronia Waller LLC for about $146.7 million. “You’re seeing employed people that are doing well at a large firm choosing to go to a lesser-known firm in their business, specifically to be responsible to build that business,” said Jeanne Branthover , a managing director at Boyden Global Executive Search in New York. The trend started at the end of 2009 and will continue this year, she said yesterday in a telephone interview. “In the past it was a harder sell than it is now because people are definitely looking for opportunities, particularly in this economy, so that they can make a difference, they can make a name for themselves, they can build revenue for the firm, and then it obviously will benefit them,” Branthover said. Hybrid Securities Previously, Hogg worked as part of various capital markets and new product groups for 22 years at Goldman Sachs Group Inc. , according to the statement. He joined the New York-based bank after practicing as a corporate attorney at Skadden, Arps, Slate, Meagher & Flom . While at Goldman Sachs, Hogg developed a corporate financing tool called monthly income preferred securities, or Mips, a hybrid between a preferred stock and a bond. The market for Mips grew to more than $50 billion in 1997, according to a Bloomberg News profile of Hogg. Mips, which Hogg helped bring into wide use by American companies, are a type of preferred stock that resembles debt. The shares provide benefits of stock because they’re considered equity by debt-rating companies while offering tax advantages of bonds because companies can deduct the dividend payments from income they report on their tax returns. Competing for Talent Hogg, who moved to the U.S. from New Zealand to attend Cornell University law school, was the first to use Mips in the U.S. when he helped Texaco Inc. raise $350 million in 1993, according to his Bloomberg News profile. Chevron Corp. bought Texaco in 2001 for $45.8 billion, according to data compiled by Bloomberg. As banks competed for talent to stay ahead of changes in corporate finance, Merrill Lynch & Co. lured Hogg from Goldman Sachs and gave him wider responsibilities in its product development group. The arrangement lasted only about a month before Goldman Sachs, the most profitable securities firm in Wall Street history, re-hired Hogg. Merrill Lynch was acquired by Bank of America Corp. for $29 billion, including preferred shares, during the same September 2008 weekend in which Lehman Brothers Holdings Inc. collapsed. To contact the reporter on this story: Emre Peker in New York at epeker2@bloomberg.net .

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TARP’s Barofsky Increased Misconduct Probes 41 Percent in Fourth Quarter

February 1, 2010

By Joshua Gallu Feb. 1 (Bloomberg) — Investigations of misconduct related to the $700 billion Troubled Asset Relief Program expanded in the fourth quarter as the U.S. rescue fund’s watchdog increased opened cases by 41 percent. Special Inspector General Neil Barofsky began 25 criminal and civil probes in the quarter, and had 77 total active cases, according to a quarterly report to Congress published yesterday. Through the third quarter of 2009, Barofsky’s Washington-based office opened 61 cases with 54 active, he said at the time. Examiners are looking into possible wrongdoing linked to the financial-industry bailout, including insider trading, accounting violations, mortgage fraud, obstruction of justice and money laundering, according to the report. Barofsky didn’t identify the targets of pending investigations, though details of some cases have emerged separately. Barofsky confirmed last week he is probing whether the Federal Reserve Bank of New York improperly limited release of information about payments to American International Group Inc.’s counterparties when the insurer was rescued. AIG’s first rescue was an $85 billion credit line from the New York Fed. The bailout was expanded three times and is now valued at $182.3 billion. Barofsky is also working with the Securities and Exchange Commission, Justice Department and the Federal Bureau of Investigation on the investigation into Bank of America’s merger with Merrill Lynch, the report said. Barofsky is opening a branch office in New York and satellite offices in Los Angeles and San Francisco to support probes. Calls to Barofsky’s toll-free hot line rose 41 percent in the quarter, to 9,900, according to the report. To contact the reporters on this story: Joshua Gallu in Washington at jgallu@bloomberg.net

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Alan Schram: Is Gold a Good Inflation Hedge?

January 31, 2010

In light of the large amount of fiscal stimulus, monetary easing, and credit creation in the form of new dollars that have all taken place recently in the United States, many are concerned about the dollar, its buying power and the inevitable higher interest rates that will be necessary to entice people to buy Treasury securities. Their concern is not unreasonable. Traditionally, indebted countries have debased their currency to ease the burden of debt. With current federal government total tax receipts adding up to $2.2 trillion vs. expenditures of $3.5 trillion, the expected deficit of $1.3 trillion is an alarming 9% of GDP (state, local and federal government spending in the U.S. now consume about 38% of GDP). We may have no other way out but inflation. Some investors are trying to hedge such risks by buying gold. Gold is supposed to be an insurance policy against economic chaos and a hedge against inflation. But gold bugs have not done well over time. In the last 30 years gold has not been a good investment, and substantially lagged both the S&P 500 and Bonds (as measured by the Merrill Lynch Bond index). While gold may reduce your anxieties, it is an unassailable fact that gold (and oil) are not actually effective hedges against loss of purchasing power, and could lag inflation for decades. And gold is not a good insurance policy either. When the world’s financial system was on the precipice in 2008, gold did not prove to be a particularly good hiding place. Incidentally, this also reinforces the folly of trying to time the stock market based on macroeconomic predictions, and not just when it comes to gold. For example, emerging markets such as China, India, Brazil and Russia are often touted as great investment opportunities due to expected rapid GDP growth. But the data shows that there is little correlation between GDP growth and stock market returns. So even if you somehow manage to make accurate macro predictions (by itself no small feat), your predictions would not be helpful in telling you what the stock market will actually do. Gold does not generate cash flow (indeed it has a carrying cost for storage, insurance etc.) and does not have any intrinsic value, and therefore it is of dubious value as a long term investment. I believe currency and interest rate risks are best hedged by owning high quality businesses that have a durable competitive advantage and pricing power. Such solid businesses grow, raise prices and outperform in the long run. Alan Schram is the Managing Partner of Wellcap Partners, a Los Angeles based investment firm. Email at aschram@wellcappartners.com.

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China Stocks Drop a Third Day as Loan Outlook Weighs on Banks, Developers

January 25, 2010

By Bloomberg News Jan. 26 (Bloomberg) — China’s stocks fell, dragging the benchmark index to its lowest level in three months, as banks and developers retreated on speculation the government will take further steps to rein in credit growth and avert asset bubbles. China Construction Bank Corp. dropped 1.4 percent and Poly Real Estate Group Co. slid 4.4 percent after Reuters reported that several Chinese banks face an additional increase in their reserve ratios starting today and the Shanghai Securities News said the pace of new loans slowed in the third week of January. The Shanghai Composite Index fell 63.53, or 2.1 percent, to 3,030.89 at the 11:30 a.m. local-time break, set for the lowest close since Oct. 30. The MSCI China Index , which tracks 118 mostly Hong Kong-traded Chinese companies, today joined the Shanghai index in falling more than 10 percent from last year’s high, entering a so-called correction. “Investors have begun to revaluate their previous projections for earnings growth as the government’s tightening has come faster than expected,” said Zhang Xiuqi , a Shanghai- based strategist at China International Fund Management Co., which oversees about $10.2 billion. “The correction is likely to carry on.” The CSI 300 Index , measuring exchanges in Shanghai and Shenzhen, declined 2.2 percent to 3,253.83. Construction Bank, the country’s second largest, lost 1.4 percent to 5.83 yuan. Industrial Bank Co. , part-owned by a unit of HSBC Holdings Plc, fell 2.1 percent to 33.90 yuan. The stock had its share-price estimate cut by 12 percent to 44.1 yuan at Goldman Sachs Group Inc. Loan Growth The pace of lending growth in China slowed in the third week of January as compared with the first two weeks of the month, the Shanghai Securities News reported today, citing unidentified people. Bank of China Co. , the nation’s third largest, fell 0.2 percent to 4.13 yuan. It on Jan. 22 said it’s planning a 40 billion yuan ($5.9 billion) convertible bond sale. China’s banking stocks will continue to trail the market’s performance in the “coming quarters” due to concerns over fundraising, according to BoFA Merrill Lynch analyst David Cui . The nation’s banks have suspended new lending since Jan. 19 across the country, according to Credit Suisse Group AG. The lending halt may trigger a “meaningful” decline in a gauge of manufacturing this month, Dong Tao , a Hong Kong-based economist, wrote in a note to clients. Developers Fall Poly Real Estate slid 4.4 percent to 19.05 yuan, set for the lowest close since April 29. China Vanke Co. , the nation’s biggest listed property developer, dropped 2.6 percent to 9.27 yuan. China State Construction Engineering Corp., the nation’s largest housing contractor, slumped 3.6 percent to 4.25 yuan, the most in three months. Bank of China has reduced discounts on mortgage interest rates offered to first-time home buyers in Beijing, Xinhua News Agency reported. The bank has tightened reviews of loans for second-home purchases, according to the report. Baoshan Iron & Steel Co. , China’s biggest steelmaker, lost 3.4 percent to 7.43 yuan. Hebei Iron & Steel Co. , the listed unit of China’s second-biggest steelmaker, slid 5.5 percent to 5.87 yuan. The average spot price for domestic hot-rolled steel sheet yesterday fell 0.7 percent to the lowest since Dec. 17, data from Beijing Antaike Information Development Co. showed. — Zhang Shidong . Editors: Richard Frost , Linus Chua To contact Bloomberg News staff for this story: Zhang Shidong in Shanghai at +86-21-6104-7014 or szhang5@bloomberg.net

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Bank of America Posts Loss on Repayment of Bailout, Consumer Loan Defaults

January 20, 2010

By David Mildenberg Jan. 20 (Bloomberg) — Bank of America Corp ., the largest U.S. lender, posted its third loss in the past five quarters, driven by the cost of repaying U.S. bailout funds and defaults on consumer loans. The fourth-quarter loss to common shareholders widened to $5.2 billion, or 60 cents a share, including the costs of exiting the Troubled Asset Relief Program, from $2.4 billion, or 48 cents, a year earlier. The average estimate of 20 analysts surveyed by Bloomberg was a 52-cent loss per share. Excluding TARP costs, the deficit was $194 million. New Chief Executive Officer Brian T. Moynihan has promised a “DNA change” as the firm focuses on operations, instead of takeovers and bailouts. Credit costs were less than in the third quarter, and results were helped by higher income from trading and in investment and brokerage services, the bank said. “Economic conditions remain fragile and we expect high unemployment levels to continue, creating an ongoing drag on consumer spending and growth,” Moynihan said in a statement. “We are encouraged by signs the economy is improving, as we have seen in the stabilization of our credit costs, particularly in the consumer business.” The quarterly report is the first under Moynihan, 50, after he took over on Jan. 1 for Kenneth D. Lewis , 62, who spent more than $120 billion on acquisitions since 2004. Moynihan has said the Charlotte, North Carolina-based bank doesn’t need more big purchases to recover from the recession. Loss Provisions The bank set aside $10.1 billion of provisions for credit losses during the quarter, down from an average $12.8 billion in the previous three quarters. Growth of loans that aren’t collecting interest slowed in each of the three preceding quarters. “It’s important for that trend to continue,” said Alan Villalon , a senior research analyst at FAF Advisors Inc., a unit of U.S. Bancorp that owns 9.5 million shares. “Their fortunes are tied to the U.S. economy.” Bank of America’s revenue excluding interest expense increased 59 percent to $25.4 billion in the fourth quarter, reflecting the January purchase of Merrill Lynch & Co. That was lower than the $26.9 billion average estimate of 16 analysts surveyed by Bloomberg. The bank’s Tier 1 common ratio expanded to 7.8 percent from 4.8 percent a year earlier. Credit costs during Bank of America’s quarter included $8.4 billion of loans written off as uncollectible, compared with $9.6 billion in the third quarter. Card Services Card services posted a loss of $1 billion, matching the previous quarter. Home loans and insurance had a loss of $993 million, compared with a loss of $1.6 billion. The company repaid $45 billion of government rescue funds in December. Getting out of TARP freed the bank from federal pay limits and as much as $2.85 billion a year in dividends to the U.S. For the full year , Bank of America had a $2.2 billion loss, equal to 29 cents a share fully diluted, compared with a profit of $4 billion, or 54 cents, in 2008. JPMorgan Chase & Co., the second-largest U.S. bank, reported an $11.7 billion profit, while No. 3 Citigroup Inc. yesterday posted a $1.6 billion loss. Card write-offs at Bank of America were the highest among the six biggest U.S. card issuers at the end of last year. The fourth quarter probably represented the peak, unless unemployment shoots up unexpectedly, Ric Struthers , head of card services, said in November. Late card payments fell to the lowest level in almost a year in December, according to data released by the bank on Jan. 15. Merrill Lynch Results benefited from improved demand for bond issues and merger and investment advice at Merrill Lynch, formerly the world’s largest securities brokerage. Global banking, which includes the investment bank, earned $264 million, compared with a $40 million profit in the previous quarter, while the global markets unit earned $1.2 billion. The wealth and investment management business had income of $1.3 billion, up from $271 million. Bank of America closed yesterday at $16.32 on the New York Stock Exchange, rebounding from as low as $2.53 in February when investors were speculating about nationalization in the depths of financial crisis. Of 34 analysts that track Bank of America, 26 rate the shares a “buy” and none says “sell,” according to data compiled by Bloomberg. Owners include Berkshire Hathaway Inc., the insurance and holding company run by billionaire Warren Buffett , and Paulson & Co., the hedge fund run by billionaire John Paulson who told clients during the fourth quarter that the stock could reach almost $30 by December 2011. “The bank is well-positioned for an improving economic environment and the shares are likely to double or triple over the next two years,” said Marshall Front , chairman of Front Barnett Associates LLC, a Chicago firm that holds about 342,000 shares. To contact the reporter on this story: David Mildenberg in Charlotte at dmildenberg@bloomberg.net .

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Citadel Securities Managing Director Kaperst Departs After Seven Months

January 19, 2010

By Saijel Kishan and Shannon D. Harrington Jan. 19 (Bloomberg) — Stuart Kaperst , a managing director at Citadel Securities, the investment bank of Ken Griffin’s Citadel Investment Group LLC, left the firm. Kaperst departed last week, Devon Spurgeon , a spokeswoman for Chicago-based Citadel, said in an interview today. He was hired in June 2009 to help build out the operations of the investment banking unit, she said. Kaperst had reported to Todd Kaplan , who ran the unit that advises companies on reorganizations, mergers and acquisitions and left Citadel on Jan. 14, less than a year after joining the firm. His departure is another setback in Griffin’s effort to create an investment bank to compete with Goldman Sachs Group Inc. and Morgan Stanley, after Rohit D’Souza , the former chief executive officer of Citadel Securities, left in October. Before joining Citadel, Kaperst was global principal- investments chief at Merrill Lynch & Co., which was bought by Bank of America Corp. in 2009. He assumed that role when Kaplan left Merrill after 22 years with the firm. D’Souza also had worked at Merrill. To contact the reporters on this story: Saijel Kishan at skishan@bloomberg.net ; Shannon D. Harrington in New York at sharrington6@bloomberg.net ;

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A-REITs will be supported

January 18, 2010

Merrill Lynch predicts the Australian real estate investment trusts sector to recover strongly in 2010 and generate an overall return of 12.5% for the year. Debt funding has become more affordable again, and among the

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Bank of America Kept Shareholders in Dark on Merrill Losses, SEC Suit Says

January 12, 2010

By Bob Van Voris and Thom Weidlich Jan. 12 (Bloomberg) — Bank of America Corp. failed to disclose billions of dollars in losses at Merrill Lynch & Co. before a shareholder vote to take over the bank in 2008, the U.S. Securities and Exchange Commission claimed in a lawsuit. The suit was filed in federal court in Manhattan today, less than a day after U.S. District Judge Jed Rakoff ruled in a different SEC suit against Bank of America that the commission must file a separate case to pursue claims that the bank failed to disclose “extraordinary losses” by Merrill Lynch in the weeks before investors voted on the deal. “Bank of America kept shareholders in the dark as they were called upon to vote on the proposed merger at the end of a quarter of nearly unprecedented volatility and uncertainty,” the SEC said in today’s complaint. In the first SEC suit, filed in August, the agency claimed that Charlotte, North Carolina-based Bank of America violated securities laws by failing to tell shareholders about as much as $5.8 billion in bonuses and incentive pay authorized for Merrill Lynch employees at a time when the bank’s annual losses reached $27.6 billion. Bank of America opposed an attempt by the SEC to include the loss-disclosure claims in the original case, which is set for trial March 1. Rakoff said in a hearing yesterday that “there is no impediment” to the SEC filing the new claims in a second case. Rakoff said a trial date could be set as early as this summer. “The company and its officers provided sufficient and appropriate disclosure prior to the shareholder vote in 2008,” Bank of America spokesman Robert Stickler said in a statement. Stickler said the new complaint is “totally without merit” and the bank looks forward to presenting the facts in court. The case is Securities and Exchange Commission v. Bank of America Corp., 10-CV-215, U.S. District Court, Southern District of New York (Manhattan). To contact the reporter on this story: Bob Van Voris in New York at rvanvoris@bloomberg.net .

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SEC Seeks to File New Complaint Against BofA in Merrill Lynch Bonus Case

January 11, 2010

By David Glovin and Bob Van Voris Jan. 11 (Bloomberg) — The U.S. Securities and Exchange Commission said Bank of America Corp. failed to disclose “extraordinary losses” by Merrill Lynch & Co. in the weeks before investors voted on the takeover of Merrill Lynch in 2008. The SEC, in a letter dated Dec. 31 and released publicly today, asked a Manhattan federal judge’s permission to file a new complaint in its lawsuit that already claims Bank of America misled shareholders over bonuses paid by Merrill Lynch. Based on information discovered since it sued in August, the SEC claims that by the time of the Dec. 5, 2008, vote, Bank of America was aware of $4.5 billion in losses at Merrill in October and billions more in November. The lender violated securities law by failing to disclose the losses by updating a proxy statement to shareholders before the vote, according to the SEC. “These losses alone constituted more than one-third of the merger value as of December 5, and approximately 60 percent of Merrill’s entire losses in the preceding three quarters of the year,” SEC lawyers said in the letter. “Nevertheless, despite its representation that it would update shareholders, BOA kept them in the dark as they were asked to vote on the proposed merger.” ‘Inexcusably Waited’ Bank of America , in a Jan. 7 letter that was released today, asked the court to reject the revised complaint filed with the regulator’s letter. The SEC “inexcusably waited” to bring the claims until only a few months before the trial, and the allegations have no legal basis, the company’s lawyers wrote in the letter to the judge. The Charlotte, North Carolina-based bank said in the letter that it “would be severely prejudiced if the amendment were allowed at this late date.” The trial is scheduled to begin March 1. The case is Securities and Exchange Commission v. Bank of America Corp., 09-cv-06829, U.S. District Court, Southern District of New York (Manhattan). To contact the reporters on this story: David Glovin in New York at dglovin@bloomberg.net ; Bob Van Voris in New York at rvanvoris@bloomberg.net .

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Frontier Markets Fail to Emerge, Trail Stocks’ Global Rally: Chart of Day

January 5, 2010

By David Wilson Jan. 5 (Bloomberg) — Frontier markets emerged as a separate class of stocks at an inopportune time. Indexes designed to track these markets, which tend to be smaller or less developed than emerging markets, were introduced in the first six months of a worldwide bear market that began in October 2007. Merrill Lynch & Co., MSCI Inc. and Standard & Poor’s were among those to bring out their own gauges. As the CHART OF THE DAY shows, MSCI’s frontier-market index lost more than its benchmarks for emerging and developed markets as stocks tumbled — and failed to keep pace with their rebound since last March. The chart begins in November 2007, when daily calculations of the frontier index began. The indicator now covers 25 countries, from Argentina to Vietnam. The past 10 months of lagging performance defied a prediction by Michael Hartnett , Merrill Lynch’s chief global equity strategist, who cited two conditions for a rebound in a March 31 report. Oil had to rise above $60 a barrel and “global risk appetite” had to recover for these markets to turn around, he wrote at the time. Crude climbed as high as $82 a barrel in New York trading last year. The MSCI Emerging Markets Index jumped 74 percent in the last nine months of 2009, signaling that investors were more willing to take risks. Hartnett, whose firm is now known as Bank of America Merrill Lynch, declined to answer e-mailed questions yesterday about the outlook for frontier markets. “I have not written on the subject for some time now,” he wrote. (To save a copy of the chart, click here.) To contact the reporter on this story: David Wilson in New York at dwilson@bloomberg.net

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European Stocks Drop From 15-Month High, Cadbury Falls; Asian Shares Climb

January 5, 2010

By Daniela Silberstein Jan. 5 (Bloomberg) — European stocks declined after the Dow Jones Stoxx 600 Index rose to a 15-month high yesterday. Asian shares climbed. Cadbury Plc slipped 1.7 percent after Nestle SA agreed to buy a pizza business from Kraft Foods Inc. and said it has no interest in acquiring the U.K. confectioner. Tesco Plc led retailers lower after BofA Merrill Lynch Global Research downgraded the shares. Europe’s Stoxx 600 declined 0.4 percent to 256.64 as of 8:40 a.m. in London. The measure surged 28 percent last year, its biggest annual gain since 1999, boosted by record-low interest rates in the U.S. and Europe and about $12 trillion of commitments from governments worldwide to revive credit markets and stimulate growth. The International Monetary Fund this month will boost its forecast for global economic growth partly because government efforts to prevent a wider financial crisis were successful, Deputy Managing Director John Lipsky said. The gains in equities “could last into January and February this year but at some point we’re going to have to face up that monetary stimulus is going to be withdrawn,” Andy Lynch , who manages $1.8 billion at Schroder Investment Management Ltd. in London, said in a Bloomberg Television interview. “The juice we’ve all been benefiting from is going to be turned off.” The Standard & Poor’s 500 Index rallied the most in almost two months yesterday after the Institute of Supply Management said its factory index climbed more than estimated. Futures on the benchmark gauge for U.S. equities fell 0.1 percent today. Asian Stocks The MSCI Asia Pacific Index advanced 1 percent to a 16- month high, led by companies that rely on the U.S. for growth. Nikon Corp., a camera maker that counts North America as its biggest market by revenue, rose 1.9 percent to 1,868 yen. Cadbury retreated 1.7 percent to 791.5 pence after Nestle, the world’s largest food company, said it won’t make or join an offer for the chocolate maker. Kraft, which is attempting to buy the U.K. company, extended its bid deadline to Feb. 2 and offered more cash in place of stock. Nestle slipped 0.2 percent to 50.85 Swiss francs after the maker of Nescafe coffee and KitKat chocolate bars agreed to buy Kraft’s U.S.-based frozen pizza business for $3.7 billion. Tesco slid 1.9 percent to 420.1 pence after BofA Merrill Lynch downgraded the world’s third-largest retailer to “neutral” from “buy.” Marks & Spencer Group Plc, which was also cut to “neutral” from “buy,” dropped 2 percent to 404 pence. Air Liquide Air Liquide SA fell 1.6 percent to 83.15 euros. The world’s biggest maker of industrial gases has suspended its medium-term target of boosting annual sales by 8 percent to 10 percent because of the economic crisis, La Tribune reported, citing an unidentified person at the company. A report today may show the number of contracts to buy previously owned U.S. homes probably fell in November for the first time in 10 months. The index of signed purchase agreements, or pending home sales, dropped 2 percent after October’s 3.7 percent increase, according to the median estimate in a Bloomberg News survey of 35 economists before today’s release from the National Association of Realtors at 10 a.m. Washington time. Factory orders rose for a third straight month in November, data from the Commerce Department at the same time may show. To contact the reporter on this story: Daniela Silberstein in Zurich at dsilberstei2@bloomberg.net .

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Pimco Cuts Holdings of Treasuries, Gilts, Grows Cautious on Corporate Debt

January 3, 2010

By Wes Goodman Jan. 4 (Bloomberg) — Pacific Investment Management Co. , which runs the world’s biggest bond fund , is cutting holdings of U.S. and U.K. debt as those nations expand borrowings. Pimco is also turning cautious on corporate bonds and Treasury Inflation Protected Securities, wrote Paul McCulley , a portfolio manager and member of the investment committee, in his 2010 outlook. It is also underweight so-called mortgage-backed securities, according to the report placed on the Web site of Newport Beach, California-based Pimco. “This all leaves us with portfolios that appear, more than at other times, to be hugging the benchmarks with no bold positioning,” McCulley wrote. “We’re making a very active decision to run light on risk.” Under what Pimco has termed the “new normal,” investors will face lower-than-average returns with heightened government regulation, lower consumption, slower growth and a shrinking global role for the U.S. economy. The Federal Reserve will keep interest rates at a record low in 2010, said Pimco, a unit of Munich-based insurer Allianz SE. Treasuries fell 3.7 percent in 2009, the most in at least three decades, according to indexes compiled by Bank of America’s Merrill Lynch unit, as the U.S. increased debt sales to help spur growth in an economy recovering from the biggest slump since the Great Depression. U.S. marketable debt increased to a record $7.17 trillion in November from $5.80 trillion at the end of 2008. Fed Bond Sales Fed officials are considering a proposal to schedule limited sales of bonds as part of a range of tools for withdrawing record monetary stimulus. The U.S. central bank has purchased mortgage-backed securities, Treasuries and federal housing agency debt, expanding its balance sheet by more than $1 trillion during the crisis. The Federal Open Market Committee discussed asset sales at its November meeting, with some members in favor and others warning that it would cause “sharp increases” in longer-term interest rates, according to minutes of the meeting released Nov. 24. The Fed will this year amend its promise to hold rates for an “extended period,” Pimco said in the report. U.K. gilts fell 1.3 percent last year, according to the Merrill indexes. U.K. bond sales will surge to a record 220 billion pounds ($354.6 billion) in the fiscal year ending March 31, a 50 percent jump from the previous year and a fourfold increase from the average in the five years before Lehman Brothers Holdings Inc. collapsed in 2008. The U.K. will sell 241 billion pounds of gilts in the next fiscal year, according to Citigroup Inc. estimates. To contact the reporter on this story: Wes Goodman in Singapore at wgoodman@bloomberg.net .

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Video: Fujii Doubts Yen Would Fall to 100 Per Dollar in 2010: Video

January 3, 2010

Jan. 4 (Bloomberg) — Tomoko Fujii, a senior director and currency strategist at Bank of America-Merrill Lynch, talks with Bloomberg’s Haslinda Amin and Patricia Lui about her forecast for the U.S. dollar and yen. Fujii, speaking from Tokyo, also discusses the outlook for Asian central banks’ monetary policies and the euro. (Source: Bloomberg)

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Illinois Leads $9.8 Billion of Municipal Bond Sales Planned for Early 2010

December 30, 2009

By Jeremy R. Cooke Dec. 30 (Bloomberg) — Illinois will lead states and municipalities bringing to market at least $9.8 billion of fixed-rate bonds in the opening weeks of 2010, after a lull in sales to close out this year, data compiled by Bloomberg show. Illinois, the second-lowest rated U.S. state after California, will offer $3.47 billion of taxable notes to be repaid over five years to contribute to public employee pension funds for the fiscal year that ends June 30. Moody’s Investors Service and Standard & Poor’s cut Illinois’ credit ratings this month as it resorts to such borrowing to help bridge a budget gap of almost $12 billion. Next week’s sale will be Illinois’ first issue of “medium- term notes for its pension system,” Governor Pat Quinn ’s budget office said in a Dec. 16 statement. Preliminary sale documents will be available as soon as today, Kelly Kraft, a spokeswoman for the office, said in a Dec. 23 e-mail. The state borrowed $10 billion in June 2003 with the largest single sale of taxable municipal bonds, to mature through 2033. The need to close its budget deficit at the time and pay money owed to workers’ retirement systems also prompted that sale. Illinois taxable general obligation bonds due in June 2015 from the deal traded on Dec. 28 at prices set to produce an average 3.9 percent yield, about 130 basis points more than comparable-maturity Treasuries, according to data compiled by Bloomberg. A basis point is 0.01 percentage point. The state’s so-called spread at issue six years ago was 75 basis points more than 10-year benchmark U.S. notes. Tax-Exempt Yields Yields on tax-exempt bonds with top ratings due in 10 years held at a four-week high of 3.05 percent yesterday, according to a daily survey by Municipal Market Advisors of Concord, Massachusetts. Moody’s, which rated Illinois Aa3 in June 2003, ranks the state two levels lower at A2. S&P and Fitch Ratings each ranked the state AA six years ago. Today, Illinois has S&P’s A+ and Fitch’s A, two and three ratings lower than before. Underwriters led by JPMorgan Chase & Co., Goldman Sachs Group Inc. and Loop Capital Markets LLC will market Illinois’ new debt to investors. Bear Stearns Cos., which JPMorgan took over in 2008, handled the earlier $10 billion deal. Taxable sales grew this year to make up 21 percent of fixed-rate municipal issuance because of the federally subsidized Build America Bond program, from 9 percent the year of Illinois’ record pension deal, Bloomberg data show. The federal government rebates 35 percent of the interest on the bonds. Build America Bonds Among issuers planning to sell Build America Bonds beginning next week are Miami-Dade County’s Aviation Department, New Jersey’s Transportation Trust Fund Authority and New York’s Metropolitan Transportation Authority. The Illinois offering is taxable since federal rules preclude proceeds from tax-exempt borrowings from going into funds that invest in potentially higher-yielding investments such as stocks. The Build America initiative subsidizes capital for government projects that would otherwise be tax-exempt such as schools, roads, and transit lines. A lesser share of tax-free issues in the municipal market has helped to drive performance in mutual funds at a time when record amounts of cash are seeking a shelter from federal income taxes that may rise after Bush administration cuts expire in 2011. Investors injected $67.9 billion in new cash into municipal bond mutual funds this year through Dec. 16, according to preliminary data compiled by the Washington-based Investment Company Institute. The previous record year was 1993, when net new cash flow for munis totaled $38.3 billion. Open-End Funds Open-end funds have returned an average 14.8 percent this year and exchange-traded funds have gained 10.6 percent, according to Bloomberg data. Closed-end funds, which don’t continually issue new shares, have rallied 47 percent, on average, the data show. The BofA Merrill Lynch Municipal Master Index, which climbed 14.4 percent this year through Dec. 28, is headed for its best performance since 2000, when the increase was 17.2 percent. The total return for the decade ending tomorrow is 88 percent, or an annualized 6.5 percent. Following are descriptions of additional pending sales of municipal bonds in the U.S. NEW JERSEY TRANSPORTATION TRUST FUND AUTHORITY plans to borrow about $850 million next month to finance road, bridge, rail and bus projects in the most densely populated state. The offering, through banks led by Barclays Plc, will include a mix of zero-coupon, tax-exempt securities and taxable Build America Bonds, according to Moody’s Investors Service. The debt, backed by state appropriations, is rated A1 by Moody’s, A+ by Fitch and AA- by S&P. (Updated Dec. 30) MIAMI-DADE COUNTY, the most populous county in the U.S. Southeast, will sell $600 million of bonds backed by revenue from Miami International Airport, the largest U.S. gateway to Latin America, the week of Jan. 11. As much as 30 percent of the issue will be taxable Build America Bonds. Sales to individual investors will occur Jan. 12, with sales to institutions the following day. Proceeds will be used to repay $375 million of commercial paper, with the rest used on the airport’s $6 billion expansion. Underwriting will be led by Citigroup Inc. S&P rates the bonds A-. (Added Dec. 17) LOWER COLORADO RIVER AUTHORITY, which manages electricity generation and water use in the region around Texas’s Colorado River, intends to offer about $426 million of tax-exempt bonds as soon as next week through Barclays to refinance debt. They will mature from 2010 through 2020, according to preliminary offering documents. The bonds are rated A+ by Fitch, A1 by Moody’s and A by S&P. (Updated Dec. 30) NEW YORK’S METROPOLITAN TRANSPORTATION AUTHORITY, the largest U.S. mass-transit agency, plans to sell $350 million of taxable, federally subsidized Build America Bonds the week of Jan. 4 through banks led by JPMorgan Chase & Co. The debt is backed by revenue from the MTA’s bus, subway and commuter-rail networks, state and local government subsidies, dedicated taxes and operating surpluses from the agency’s toll bridges and tunnels. Proceeds from the bonds, rated A2 by Moody’s and A by S&P and Fitch, will fund projects to repair and improve the MTA’s transit and commuter systems in and around New York City. (Added Dec. 22) NEW JERSEY’S HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY plans to sell $338 million of fixed-rate, tax-exempt bonds backed by student loan revenue the week of Jan. 11. The proceeds will allow the authority to buy back and retire auction-rate securities and to fund loans that allow education borrowers to consolidate multiple borrowings into one regular payment. Banks led by Merrill Lynch will handle the offering. Ratings on the deal are AA from S&P and Aa2 from Moody’s, and maturities will range from 2011 through 2037. (Updated Dec. 18) PORT OF HOUSTON AUTHORITY , overseer of the busiest shipping port in the U.S. by foreign tonnage, plans to sell as much as $327.2 million of tax-exempt bonds backed by property taxes collected in Harris County, Texas. Underwriters led by Bank of America Corp.’s Merrill Lynch & Co. will handle the deal as soon as next month. The transaction will refinance debt that the port can buy back, either through call options or investor tenders. Interest on all except $40.5 million of the bonds can be excluded from calculations of the federal alternative minimum tax. The debt that may be refinanced was issued in 1997, 1998, 2001, 2002, 2005, 2006 and 2008, preliminary bond sale documents show. (Added Dec. 18) OHIO, the seventh most-populous state, intends to offer $271 million of tax-exempt general-obligation bonds in a refinancing to provide savings for the current two-year budget. Bank of America Corp.’s Merrill Lynch & Co. leads underwriters and will set prices and rates on the debt in the week of Jan. 4. The latest issue is part of a plan to shift $736 million in debt payments to future fiscal years from the biennium ending June 30, 2011, without extending final maturities, according to Standard & Poor’s. The debt to be refunded originally paid for higher education, common schools and infrastructure improvement. The state is rated AA+ by S&P, Aa2 by Moody’s and AA by Fitch. (Added Dec. 24) MARYLAND ECONOMIC DEVELOPMENT CORP., which issues tax- exempt bonds to encourage business in the state, plans to sell almost $260 million in debt as soon as next month as part of a marine-terminal concession with Ports America Chesapeake. The money raised will fund state transportation projects and an expansion of Seagirt Marine Terminal to make it big enough to handle some of the world’s largest cargo vessels. The Port of Baltimore’s container facility will be leased for 50 years to Ports America, controlled by Highstar Capital, a New York-based private-equity firm. The debt, secured by terminal revenue, received a provisional Baa3 rating from Moody’s. A group of underwriters led by Goldman Sachs will market the debt to investors. (Added Dec. 22) To contact the reporter on this story: Jeremy R. Cooke in New York at jcooke8@bloomberg.net .

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Homebuilding in U.S. Looks Stable for First Time Since 2006, Moody’s Says

December 17, 2009

By John Gittelsohn and John Detrixhe Dec. 17 (Bloomberg) — The outlook for U.S. homebuilders improved to “stable” for the first time in almost four years, Moody’s Investors Service said today, citing rising sales and the most affordable property market in years. “Housing starts, new home sales and existing home sales are all showing positive trends,” senior housing analyst Joseph Snider said in a note to investors today. “Operating profits of the rated homebuilders are also expected to show modest improvements in 2010.” The pace of new home sales is rising this year after having slowed to a quarter of its July, 2005 volume, according U.S. Commerce Department data. Horsham, Pennsylvania-based Toll Brothers Inc. has narrowed its losses and Miami-based Lennar Corp. said in September it expects to return a profit next year. D.R. Horton Inc., based in Fort Worth, Texas, reported a net loss for the last three years, which Chief Financial Officer Bill W. Wheat said Dec. 3 he’s aiming to reverse in 2010. Housing starts in the U.S. rose 8.9 percent to an annual pace of 574,000 homes in November, the Commerce Department said yesterday. Builders are benefiting from an $8,000 federal tax credit for first-time buyers, which lawmakers extended and expanded to run through the spring selling season. “A premature removal of government backing would put the industry’s outlook at considerable risk of returning to negative,” Snider said. Fitch Ratings declared an end to the four-year decline for U.S. homebuilders in a Dec. 14 statement, while cautioning that “challenges remain.” Fitch maintained a “negative” outlook on 10 of 13 homebuilders it rates. Word of Caution “We don’t want to get too far ahead of ourselves,” Robert P. Curran , a homebuilding analyst with Fitch said in a phone interview today. “Challenges face the industry and individual companies.” Housing starts in the U.S. rose 8.9 percent to an annual pace of 574,000 homes in November, the Commerce Department said yesterday. Bonds issued by high-yield, high-risk rated homebuilding and real estate companies have returned 85.7 percent this year including reinvested interest, the best on record for the sector. That compares with a 56.1 percent return for the overall junk-rated bond market, according to Merrill Lynch & Co. indexes. Bond Yields The extra yield investors demand for homebuilder debt compared with Treasuries narrowed to 853 basis points on Dec. 16, the tightest since June 2008, Merrill Lynch data show. That compares with an average of 291 basis points in 2006, before the housing crisis began. Homebuilder bond spreads widened to a record 2,534 basis points on Dec. 4, 2008. High-yield, or junk, bonds are rated below Baa3 by Moody’s Investors Service and BBB- by both Fitch and Standard & Poor’s. A basis point is 0.01 percentage point. On Aug. 21, Moody’s upgraded its outlook for NVR Inc. to “positive” from “stable,” the service’s first upgrade for a homebuilder since the spring of 2006. Shares of companies traded on the S&P Supercomposite Homebuilding Index have gained 12 percent so far this year. Hovnanian Enterprises Inc. fell as much as 10 percent today, after the Red Bank, New Jersey-based homebuilder reported a larger loss than analysts expected. To contact the reporter on this story: John Gittelsohn in New York at johngitt@bloomberg.net ; John Detrixhe in New York at jdetrixhe1@bloomberg.net

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Scientific Goals May Be Missed in Copenhagen Accord

December 17, 2009

By Jim Efstathiou Jr. Dec. 17 (Bloomberg) — World leaders taking control of stalled climate talks today in Copenhagen may find the measures acceptable to 193 nations fall short of what scientists demand to slow global warming. Developed nations such as the U.S. and Japan may agree by tomorrow to cut greenhouse-gas emissions by about half what United Nations scientists said are needed to keep the planet from overheating. That’s a view shared by representatives of the Pew Center on Global Climate Change, Merrill Lynch & Co. and the European Commission, which represents 27 European nations. “We’ll only have the minimum level of commitments coming out of Copenhagen,” Abyd Karmali , London-based global head of carbon emissions for BofA Merrill Lynch, said in an interview. “There’s a scaling back of expectations” on bigger measures. World leaders from China, the U.S., the European Union and India, the top polluters, are taking charge of the talks from envoys who have bickered over key provisions since Dec. 7. The talks are scheduled to finish tomorrow. By 2020, developed nations must cut emissions 25 percent to 40 percent from 1990 to “stand a chance” of keeping the global temperature within 2 degrees Celsius (3.6 degrees Fahrenheit) of pre-industrial times, the UN’s Intergovernmental Panel on Climate Change said. While a 2-degree pledge is possible, nations don’t seem to be putting the targets in place. “Everybody has to show a higher level of ambition,” U.K. Prime Minister Gordon Brown told reporters yesterday. “We’re looking to every part of the world to look again at numbers and see how ambitious they can be.” 6-Degree Limit Without emissions curbs, temperatures would rise by 6 degrees Celsius, an increase that “would lead almost certainly to massive climatic change,” the International Energy Agency, an advisor to 28 oil-consuming nations, said in a report . A more-than-2-degree warming will bring more intense flooding and drought and a faster sea-level increase, according to the UN. For 20 years, scientists working for the United Nations have provided guidance for global climate talks. The only achievement with teeth is the Kyoto Protocol, a 1997 accord that limits greenhouse-gas emissions among 37 industrialized nations. Those targets are set to expire in 2012, leaving the world without binding goals if Copenhagen doesn’t renew them. “Whatever we are going to achieve here, I would think that there’s something better,” European Union Environment Commissioner Stavros Dimas said in an interview. “Already, science is telling us that climate change is accelerating and the impacts are more ominous than previously thought.” China, India Stance Developing nations such as China and India have called on the U.S. to reduce emissions 40 percent in the period. The European Union has offered 20 percent. U.S. President Barack Obama is expected to pledge a cut of around 17 percent from 2005, or about 4 percent from the base year others use. “There’s a realization that with the United States not being able to move past the 17 percent based on 2005, everyone is going to have to scale back in the short term,” Karmali said. The final accord may include the aggregate cut already pledged by rich nations, said Elliot Diringer , who oversees international strategies at the Pew Center on Global Climate Change, in Arlington, Virginia. That amounts to about 18 percent over the three decades. That pledge will require steeper, costlier reductions later in order to meet the 2-degree Celsius target, he said. “It is very likely going to fall short of what the science suggests is needed but this is just another step on the path” to stronger measures, Diringer said. 18 Percent Solution Dimas said he expects an agreement on a 2-degree target, a commitment from rich nations to cut emissions by about 18 percent by 2020, commitments by developing nations to reduce the growth of their emissions and a pledge to revisit the targets in two to four years. The latest negotiating draft released today reflects the level of discord. Temperature limits of 1 degree, 1.5 degrees and 2 degrees all remain options. “Unfortunately there’s nothing to report,” Jairam Ramesh , India’s environment minister, said today in an interview. “It’s been a day of complete stalemate.” Connie Hedegaard , chairwoman of the meeting, stepped down today, allowing Danish Prime Minister Lars Loekke Rasmussen to take over. The Danes said they would offer a new proposal for a Copenhagen agreement. Any accord is likely to come in the form of a consensus by the negotiating parties, something in between a legally binding treaty and a political agreement, said Ruben Kraiem , co-chair of the climate practice for attorneys Covington & Burling LLP in New York. “It’ll be a consensus political agreement,” Kraiem said in an interview in Copenhagen. “It’s not just a handshake and it’s also not a treaty. It’s a decision by a corporate body.” To contact the reporter on this story: Jim Efstathiou Jr . in Copenhagen at jefstathiou@bloomberg.net .

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Scientific Goals May Be Missed in Copenhagen Accord

December 17, 2009

By Jim Efstathiou Jr. Dec. 17 (Bloomberg) — World leaders taking control of stalled climate talks today in Copenhagen may find the measures acceptable to 193 nations fall short of what scientists demand to slow global warming. Developed nations such as the U.S. and Japan may agree by tomorrow to cut greenhouse-gas emissions by about half what United Nations scientists said are needed to keep the planet from overheating. That’s a view shared by representatives of the Pew Center on Global Climate Change, Merrill Lynch & Co. and the European Commission, which represents 27 European nations. “We’ll only have the minimum level of commitments coming out of Copenhagen,” Abyd Karmali , London-based global head of carbon emissions for BofA Merrill Lynch, said in an interview. “There’s a scaling back of expectations” on bigger measures. World leaders from China, the U.S., the European Union and India, the top polluters, are taking charge of the talks from envoys who have bickered over key provisions since Dec. 7. The talks are scheduled to finish tomorrow. By 2020, developed nations must cut emissions 25 percent to 40 percent from 1990 to “stand a chance” of keeping the global temperature within 2 degrees Celsius (3.6 degrees Fahrenheit) of pre-industrial times, the UN’s Intergovernmental Panel on Climate Change said. While a 2-degree pledge is possible, nations don’t seem to be putting the targets in place. “Everybody has to show a higher level of ambition,” U.K. Prime Minister Gordon Brown told reporters yesterday. “We’re looking to every part of the world to look again at numbers and see how ambitious they can be.” 6-Degree Limit Without emissions curbs, temperatures would rise by 6 degrees Celsius, an increase that “would lead almost certainly to massive climatic change,” the International Energy Agency, an advisor to 28 oil-consuming nations, said in a report . A more-than-2-degree warming will bring more intense flooding and drought and a faster sea-level increase, according to the UN. For 20 years, scientists working for the United Nations have provided guidance for global climate talks. The only achievement with teeth is the Kyoto Protocol, a 1997 accord that limits greenhouse-gas emissions among 37 industrialized nations. Those targets are set to expire in 2012, leaving the world without binding goals if Copenhagen doesn’t renew them. “Whatever we are going to achieve here, I would think that there’s something better,” European Union Environment Commissioner Stavros Dimas said in an interview. “Already, science is telling us that climate change is accelerating and the impacts are more ominous than previously thought.” China, India Stance Developing nations such as China and India have called on the U.S. to reduce emissions 40 percent in the period. The European Union has offered 20 percent. U.S. President Barack Obama is expected to pledge a cut of around 17 percent from 2005, or about 4 percent from the base year others use. “There’s a realization that with the United States not being able to move past the 17 percent based on 2005, everyone is going to have to scale back in the short term,” Karmali said. The final accord may include the aggregate cut already pledged by rich nations, said Elliot Diringer , who oversees international strategies at the Pew Center on Global Climate Change, in Arlington, Virginia. That amounts to about 18 percent over the three decades. That pledge will require steeper, costlier reductions later in order to meet the 2-degree Celsius target, he said. “It is very likely going to fall short of what the science suggests is needed but this is just another step on the path” to stronger measures, Diringer said. 18 Percent Solution Dimas said he expects an agreement on a 2-degree target, a commitment from rich nations to cut emissions by about 18 percent by 2020, commitments by developing nations to reduce the growth of their emissions and a pledge to revisit the targets in two to four years. The latest negotiating draft released today reflects the level of discord. Temperature limits of 1 degree, 1.5 degrees and 2 degrees all remain options. “Unfortunately there’s nothing to report,” Jairam Ramesh , India’s environment minister, said today in an interview. “It’s been a day of complete stalemate.” Connie Hedegaard , chairwoman of the meeting, stepped down today, allowing Danish Prime Minister Lars Loekke Rasmussen to take over. The Danes said they would offer a new proposal for a Copenhagen agreement. Any accord is likely to come in the form of a consensus by the negotiating parties, something in between a legally binding treaty and a political agreement, said Ruben Kraiem , co-chair of the climate practice for attorneys Covington & Burling LLP in New York. “It’ll be a consensus political agreement,” Kraiem said in an interview in Copenhagen. “It’s not just a handshake and it’s also not a treaty. It’s a decision by a corporate body.” To contact the reporter on this story: Jim Efstathiou Jr . in Copenhagen at jefstathiou@bloomberg.net .

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Bank of America Names Brian Moynihan as Chief Executive, Replacing Lewis

December 16, 2009

By David Mildenberg Dec. 16 (Bloomberg) — Bank of America Corp., the biggest U.S. lender, promoted Brian Moynihan to chief executive officer, a person familiar with the matter said. Moynihan, the 50-year-old head of the consumer banking unit, will be in charge of repairing the company after the tumultuous takeover of Merrill Lynch & Co. pushed Kenneth D. Lewis into early retirement. Lewis, 62, said Sept. 30 he’d step down by the end of this year. Bank of America’s new boss must stanch defaults on consumer loans tied to the recession, which led to two losses in the past four quarters. He must also integrate Merrill Lynch and smooth relations with regulators after they clashed with Lewis over the purchase. The bank paid back $45 billion to the U.S. Troubled Asset Relief Program on Dec. 9. Moynihan takes charge of the biggest U.S. lender by assets and deposits, the No. 1 home lender and the largest issuer of debit cards. He’ll also oversee underwriting, trading and retail brokerage operations of New York-based Merrill Lynch. The bank counts 53 million consumer and small-business customers in 150 countries at 6,000 offices, and the company’s stock is a component of the Dow Jones Industrial Average . To contact the reporters on this story: David Mildenberg in Charlotte at dmildenberg@bloomberg.net .

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Banks Hoarding Cash in Europe Drive Treasurers to Record Bond-Market Sales

December 15, 2009

By Caroline Hyde and Esteban Duarte Dec. 15 (Bloomberg) — Abertis Infraestruturas SA , Spain’s largest highway operator, has 20 years of revenue growth and an “excellent” risk profile from Standard & Poor’s. Yet of the last 10 financing proposals it received from banks, none was for a loan. “I’ve never in more than 15 years in business seen banks so unwilling to lend,” said Jose Aljaro , chief financial officer at Barcelona-based Abertis. The company turned to the bond market, selling 1 billion euros ($1.5 billion) of seven- year notes in September. For all the cash provided by the European Central Bank to ease the worst seizure in credit markets since World War II, financial institutions in the region are unwilling to lend, using the money instead to invest in the safest, most liquid government securities. Bond investors are offering money like never before as returns on corporate debt reach as much as 70 percent this year, according to Merrill Lynch & Co. indexes. The result is corporate bond sales in Europe are exceeding the amount raised through bank loans for the first time, with issuance by non-financial companies doubling to a record 337 billion euros this year. Syndicated loans, or debt underwritten by a group of banks which they then sell to investors, fell 46 percent to 279 billion euros, data compiled by Bloomberg show. European banks, which have lost or written down $561 billion in the credit freeze, are awash with cash after governments approved $5.3 trillion of aid, more than the annual gross domestic product of Germany, European Union data show. Government Bonds “The global banking system is going through a government- mandated deleveraging of its balance sheet, so lending to corporates has been severely reduced,” said Louis Gargour , the chief investment officer at hedge fund LNG Capital LLP in London. Financial institutions increased their holdings of government debt to 1.51 trillion euros in October, from 1.19 trillion euros at the end of 2007, ECB data show. The situation is similar in the U.S., where bank investment in such securities has risen by 25 percent to $1.39 trillion since 2007, according to the Federal Reserve. Banks are also cutting back on other types of corporate loans. In Europe, a net 8 percent of lenders reported a tightening of credit in the third quarter, compared with 21 percent in the previous three-month period, the ECB said in its Euro-Area Bank Lending Survey on Oct. 28. Commercial and industrial lending fell 18 percent in the U.S. to $1.35 trillion as of Dec. 2 from a record high a year ago, Fed data show. ‘Shut Their Doors’ KSB AG , the Frankenthal, Germany-based pump maker, bypassed banks when it sought debt financing in October on concern that lenders “will shut their doors on us when we do need the money,” said Heiko Boes, the company’s head of finance. KSB raised 100 million euros of so-called Schuldschein debt, a type of promissory note issued privately under German law, Bloomberg data show. The company increased the sale by 33 percent after investors offered the borrower more money than it initially sought. A.P. Moller-Maersk A/S, the largest container shipping line, sold 750 million euros of five-year notes in October in its first bond offering, Bloomberg data show. It chose to sell notes rather than raise loans to diversify its funding and because of a surge in demand for fixed-income securities, said Jan Kjaervik , the Copenhagen-based company’s head of group finance and risk management. “The European bond market looks like it’s becoming a larger and more important source of funding,” Kjaervik said. First-Time Issuers First-time bond issuers sold at least 21 billion euros of debentures this year, four times more than in 2008, Societe Generale SA data show. While the bank-debt market has diminished there’s still demand, according to BNP Paribas SA, the top arranger of syndicated loans in Europe this year as measured by Bloomberg data. “You will find during times of uncertainty, such as the early 1980s, the Russian crisis or Sept. 11, the bond market becomes very ineffective because investors can disappear overnight,” said Julian van Kan , the global head of loan syndications and trading at BNP in London. While banks retrench, bond investors can’t lend enough to companies as the economy emerges from recession. High-yield, high-risk corporate bonds have returned 72 percent this year, including reinvested interest, after losing 33 percent in 2008, according to Merrill Lynch. Companies sold a record 25 billion euros of the debt since June, Bloomberg data show. High-yield, or junk, debt is rated below Baa3 by Moody’s Investors Service and BBB- by S&P. Lower Benchmarks A plunge in benchmark government bond yields and swap rates, which are the cost to companies of exchanging fixed interest payments for floating ones, have allowed borrowers to cut an average 3 percentage points off the yield they offer investors to buy their debt, according to Merrill Lynch data. Yields on German five-year government bonds dropped to 2.24 percent, below the past decade’s average of 3.71 percent, while the five-year euro interest-rate swap fell to 2.65 percent, about a four-year low, Bloomberg data show. “The European funding landscape has changed permanently,” said Robin Stoole , head of bond syndicate at Lloyds TSB Corporate Markets in London. “The bond market has never been so important,” particularly “as bank-market liquidity looks set to remain constrained,” he said. Ratio Reversed The resulting surge in bond sales means Europe’s debt market is becoming more like the U.S.’s, where note issues account for about 80 percent of transactions. Until this year, the ratio was reversed in Europe, Bloomberg data show. Spain’s Abertis, which traditionally raised half its money in the syndicated loan market, has 65 percent of its debt in bonds after the September issue. “The syndicated loan has almost disappeared as a product,” said Aljaro. “Bank funding is now restricted to bilateral, bridge loans or club deals.” Companies with non-investment grade ratings may have difficulty getting loans because of new bank capital rules. Under the Basel II regulations, banks are encouraged to lend to higher-quality borrowers because of the increased capital charge they face when lending to less creditworthy companies, according to Edward Eyerman , head of European leveraged finance at Fitch Ratings in London. Bank Capital Concern that regulations will crimp lending further was among the reasons Holcim Ltd. , the second-biggest cement maker, opted for bonds instead of loans, Christof Hassig, head of corporate financing and treasury, said at the Euromoney Corporate Finance Conference in Paris last week. Jona, Switzerland-based Holcim has 66 percent of its debt in bonds, up from 40 percent at the end of last year, he said. The company is rated Baa2 by Moody’s, and BBB by S&P. “It’s more difficult for companies to refinance existing debt and to obtain new loans from the banks,” said Daniel Pedersen , senior money manager at PFA Pension in Copenhagen, which oversees $40 billion. “Small- and medium-sized companies are more vulnerable because they find it more difficult to replace bank loans with bonds from the capital markets.” Enel SpA , Italy’s biggest utility, sold more than $14 billion of bonds this year in euros, pounds and dollars, according to data compiled by Bloomberg. “If we were going to do another big loan like the 35 billion we did in 2007, it would not be achievable in this market,” Alessandro Canta, the Rome-based company’s head of group finance, said at the Paris conference. To contact the reporters on this story: Caroline Hyde in London chyde3@bloomberg.net ; Esteban Duarte in Madrid at eduarterubia@bloomberg.net

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Merrill Lynch: World to see economic growth in 2010

December 15, 2009

Merrill Lynch: World to see economic growth in 2010

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Morgan Stanley Hires Fleming as New Chief Gorman Revamps Management Team

December 14, 2009

By Christine Harper Dec. 14 (Bloomberg) — Morgan Stanley’s James Gorman , who takes over as chief executive officer next month, pushed ahead with his management overhaul by hiring former Merrill Lynch & Co. colleague Greg Fleming to lead investment management and research. Fleming, 46, starts in February as president of Morgan Stanley Investment Management and will report to Gorman, who becomes CEO on Jan. 1, according to a statement yesterday from the New York-based firm. Fleming, who worked at Merrill from 1992 until January, after the takeover by Bank of America Corp., will become a member of Morgan Stanley’s management and operating committees. “It’s a real coup because I think Greg could have been a CEO at any number of places,” said Blackstone Group LP President Tony James in an interview yesterday, adding that he’s been trying to hire Fleming himself for five years. “The fact that Morgan Stanley got him was almost completely because of the regard he has for James Gorman.” Morgan Stanley is reshaping its management team before Gorman , Morgan Stanley’s 51-year-old co-president, succeeds John Mack as CEO at the end of the year. Mack, 65, the chairman and CEO since 2005, is remaining as chairman . Morgan Stanley was the second-biggest U.S. securities firm behind Goldman Sachs Group Inc. last year when both converted to banks. Last week, Morgan Stanley said Chief Financial Officer Colm Kelleher , 52, and Investment Banking Chief Paul Taubman , 48, will become co-presidents of the institutions securities business. Ruth Porat , 52, head of the banking team that advises financial institutions, was named to replace Kelleher as CFO, while Mitch Petrick , 47, was ousted as the firm’s sales and trading chief. Damage Control Fleming comes in after Morgan Stanley’s asset management division lost $732 million in the first nine months of 2009. In October, Gorman brokered a deal to sell the firm’s retail investment funds to Invesco Ltd. , manager of the AIM and PowerShares funds, for $1.5 billion in stock and cash. The deal will allow Morgan Stanley to focus on managing money for institutions, including offering hedge funds and investments in private equity and real estate. Stuart Bohart and Stephen Trevor , the co-heads of Morgan Stanley Investment Management, will report to Fleming, as will Linda Riefler , the firm’s global head of research. Fleming started his Merrill Lynch career as an investment banker, specializing in advising asset managers. Martin Flanagan , Invesco’s chief executive officer, said in an interview yesterday that he’s known Fleming since the mid-1990s, when Fleming advised Franklin Resources Inc. on its purchase of Michael Price’s Heine Securities Corp., which ran the Mutual Series family of funds. Flanagan was an executive at Franklin at the time. Connections Flanagan said Fleming also played an important role in advising Invesco founder Charles Brady . “I can’t think of a better addition to the firm and I’m thrilled” for Morgan Stanley, Flanagan said. “Across the money-management industry, he was one of a very small group of people involved in some of the most important money-management transactions,” Flanagan said. “He has very deep long relationships throughout financial services, money management all the way through commercial banking.” Fleming, who was president and chief operating officer at Merrill, left days after Bank of America completed its Jan. 1 takeover of the New York-based securities firm. Fleming had helped engineer the sale, which rescued Merrill Lynch even as Lehman Brothers Holdings Inc . was collapsing into bankruptcy. Takeover Fallout “Greg showed great judgment in the way he handled the sale of Merrill Lynch to Bank of America — he was the one who really pushed it and I think he did a fantastic job for shareholders,” James said. While Merrill Lynch investors benefited, Bank of America had to take a second round of U.S. bailout funds to complete the takeover after Merrill’s fourth-quarter losses soared past $15 billion. Fleming became part of an exodus of senior Merrill executives that triggered speculation about whether Bank of America, based in Charlotte, North Carolina, would lose business as its managers departed. He has since served as a senior research scholar and lecturer at Yale Law School in New Haven, Connecticut, where he earned his law degree. “I am fortunate to have previously worked with Greg for many years,” Gorman, who was at Merrill Lynch from 1999 until joining Morgan Stanley in 2005, said in the statement. “Greg is ideally suited to help us continue building on the progress we have made in our asset management and merchant banking businesses.” New Management Owen Thomas will report to Fleming in his role as CEO of Morgan Stanley real estate investing. Thomas, who also serves as CEO of Morgan Stanley Asia, reports to Walid Chammah in that role. “I am looking forward to joining the firm and doing whatever I can to help my new colleagues build on their current momentum,” Fleming said in the statement. Fleming, who earned an undergraduate degree from Colgate University, climbed through the ranks at Merrill Lynch and eventually ran the financial institutions group. He was promoted by Chief Executive Officer Stanley O’Neal to co-president in June 2007 and stayed after O’Neal was ousted in October 2007. At Merrill, Fleming also played a role in combining Merrill Lynch’s investment management business with BlackRock Inc. , the world’s largest asset manager. Fleming served on BlackRock’s board until leaving Merrill earlier this year. “It’s a great hire,” said Douglas Ciocca , a managing director at Renaissance Financial Corp. in Leawood, Kansas, which has $1.9 billion under management including Morgan Stanley stock . “It expands the intellectual capital of the firm.” To contact the reporter on this story: Christine Harper in New York at charper@bloomberg.net .

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Treasury Two-Year Notes Losing Favor in Futures Market as Jobs Slump Eases

December 13, 2009

By Liz Capo McCormick Dec. 14 (Bloomberg) — Futures traders are reducing bets for gains in two-year Treasuries as Federal Reserve officials meet this week amid signs the economic recovery is lifting the labor market from its worst slump since before World War II. Hedge-fund managers and other large speculators cut so- called net-long positions in two-year note futures by 4.2 percent, the most in five weeks. The contracts dropped to 204,891 in the period ended Dec. 8 from the record high of 221,816 on Nov. 10, according to data compiled by the U.S. Commodity Futures Trading Commission in Washington. While all 91 economists in a survey by Bloomberg News said the Fed will keep its target interest rate for overnight loans between banks near zero, futures suggest investors expect the central bank late next year to start draining reserves pumped into the economy when credit markets seized up in 2007 and 2008. Prices of federal-funds futures contracts on the CME Group show a 53.6 percent chance policy makers will lift interest rates by midyear, up from 38.9 percent a month ago. “It is difficult to believe, even with the Fed’s zero interest rate policy, that people are going to continue to pile into two-year Treasury notes at yields of only about 0.7 percent,” said Michael Marzano , senior vice president of interest-rate futures trading at Prudential-Bache Commodities in Chicago. Rising Yields Two-year yields have risen to 0.8 percent from 0.67 percent at the end of November as the price of the benchmark 0.75 percent note due November 2011 declined, ending last week at 99 29/32 as measured by BGCantor Market Data. The securities have lost 0.27 percent in December, making this month the worst since they fell 0.42 percent in May 2008, according Merrill Lynch & Co. index data. Fed policy makers will meet this week in Washington and keep the target rate at a range of zero to 0.25 percent, the survey shows. The Fed won’t increase rates until the third quarter of 2010, the economists estimate. “The economy has been turning for about a year now, evident in a plethora of data from jobless claims to retail sales to employment,” said Tony Crescenzi , a strategist and money manager at Newport Beach, California-based Pacific Investment Management Co., manager of the world’s largest bond fund. “The economy is improving.” Rate Bets Traders started moving up their timing of a likely rate boost after the Labor Department said Dec. 4 the economy lost 11,000 jobs last month, compared with the median estimate for a decrease of 125,000. Last week, government reports showed the four-week average of jobless claims declined to a one-year low of 473,750 from 481,500, and that retail sales excluding autos climbed 1.2 percent in November, the most since January. “The economy is showing clears signs of acceleration,” economists at New York-based JPMorgan Chase & Co. said in a report dated Dec. 11. They raised their fourth-quarter annualized GDP forecast to 4.5 percent growth from 3.5 percent. Net-long positions in two-year notes as measured by the CFTC have increased from a net-short position of 23,229 contracts in January. The securities have outperformed longer- term debt this year as the Fed kept rates unchanged and the Treasury sold more notes due in five years or more to lengthen average maturities and take advantage of some of the lowest yields on record. Profitable Investment Notes due in two years have returned 1.6 percent since the end of 2008, including reinvested interest, while 10-year notes have lost 7.2 percent, according to Bank of America Corp.’s Merrill Lynch Treasury index data. Investors are still attracted to the safety of fixed-income mutual funds, even as the Standard & Poor’s 500 Index surged 66 percent from a 12 1/2-year low in March. Investors added a net $297 billion to bond funds in the first 10 months of 2009, compared with $12 billion for stock funds, according to Morningstar Inc. “There is the notion out there that there are not a lot of good alternatives for where to put your money if you are not looking to take significant volatility risk,” said Ira Jersey , head of U.S. interest-rate strategy at Royal Bank of Canada in New York. “Ultimately, you are not going to see an abatement of this flight to quality trade for a long time. You still have institutions that are reasonably risk averse.” Fed officials pledged at their Nov. 4 meeting to keep rates near zero for “an extended period” and specified for the first time that policy will stay unchanged as long as inflation expectations are stable and unemployment fails to decline. ‘Very Vulnerable’ “The two-year Treasury note is very vulnerable to upside economic surprises,” said Michael Darda , chief economist at institutional trading and research firm MKM Partners in Greenwich, Connecticut. “The Fed probably does nothing until late 2010 at the earliest, even with a strong recovery. Still, the short-end of the Treasury curve should be avoided.” Darda predicts that economic growth may be as high as 4 percent in 2010. That compares with contraction of 2.50 percent this year based on the median estimate of 83 forecasts in a Bloomberg survey. Policy makers led by Fed Chairman Ben S. Bernanke are considering how to withdraw the more than $1 trillion they pumped into the financial system to combat the deepest recession since the 1930s. Along with raising the overnight bank lending rate, Fed officials have said they may use reverse repos, pay interest on excess bank reserves and sell securities directly to investors to withdraw or neutralize cash in the banking system. The central bank began testing its so-called reverse repo procedures on Dec. 3, and has drained $990 million since then. In a reverse repo, the Fed lends securities for a set period. At maturity, the securities are returned to the Fed, and the cash to the 18 primary dealers that act as counterparties to the central bank. ‘Heading Higher’ While the Fed said the moves don’t signal a change in policy, traders said it underscores the notion that unprecedented easing is coming to an end. “Yields are at levels where some people think there is no reason for rates to go any lower,” said Thomas L. di Galoma, head of U.S. rates trading at Guggenheim Partners LLC, a New York-based brokerage for institutional investors. “The perception among most professionals is that interest rates are heading higher.” To contact the reporter on this story: Liz Capo McCormick in New York at Emccormick7@bloomberg.net .

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Kuwait’s Sovereign-Wealth Fund Sells Stake in Citigroup for $4.1 Billion

December 6, 2009

By Fiona MacDonald and Poppy Trowbridge Dec. 6 (Bloomberg) — Kuwait Investment Authority, the nation’s sovereign-wealth fund, sold its stake in Citigroup Inc . for $4.1 billion after helping the U.S. bank boost capital amid the worst financial crisis since the Great Depression. The fund converted preferred securities of Citigroup that it purchased for $3 billion last year into common shares and sold them, making a profit of $1.1 billion, KIA said in an e- mailed statement today. The transaction “will be a confidence-booster,” said M.R. Raghu, head of research at Kuwait Financial Center, a Kuwait- based investment bank, in a telephone interview. “It looks to be good news, making a profit in these times.” Sovereign wealth funds are selling investments in financial stocks as they seek to reduce risk and address domestic criticism over investment priorities. The funds, fueled in part by oil revenue, had become sources of capital around the world for companies including Citigroup and Morgan Stanley , helping them to withstand the credit market seizure that followed the collapse of U.S. subprime mortgages. Singapore’s Temasek Holdings Pte , KIA and China Investment Corp. are among the sovereign funds that helped U.S. investment banks replenish more than $200 billion of capital. KIA and Temasek owned shares in Merrill Lynch & Co., which was bought by Bank of America in 2008 after the shares slumped 35 percent. Alwaleed Stake Saudi Arabia’s Prince Alwaleed bin Talal remains a shareholder in New York-based Citigroup, even after an 88 percent drop in its stock price during the past two years. Alwaleed has been among the company’s top shareholders since the early 1990s, when he helped rescue it from near-collapse. He said Dec. 1 that he expects 2010 to be a year of “stabilization” for the bank. Barclays Plc , Britain’s second-biggest bank, avoided a government bailout in part by selling 5.3 billion pounds ($8.7 billion) of stock and convertible notes to the Qatar and Abu Dhabi sovereign wealth funds. The bank’s Abu Dhabi investors made a profit of 1.46 billion pounds when they sold shares in the lender in June. Sovereign funds, together valued at about $3.2 trillion, operate as government-owned, special purpose investment vehicles. To contact the reporter for this story: Fiona MacDonald in Kuwait at fmacdonald4@bloomberg.net ; Poppy Trowbridge in London at ptrowbridge@bloomberg.net

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China Blames `Fraudulent Practices’ of Foreign Banks for Derivatives Loss

December 3, 2009

By Bloomberg News Dec. 4 (Bloomberg) — China said “fraudulent practices” by some foreign investment banks were partly to blame for more than 11.4 billion yuan ($1.67 billion) of derivatives losses at Chinese state-owned companies last year. “Some international investment banks were the culprits behind the derivatives Waterloo suffered by Chinese companies,” Li Wei , vice chairman of the State-owned Assets Supervision and Administration Commission wrote in an article in the Study Times, a newspaper published by the Party School of the Central Committee of China’s Communist Party. The state assets commission oversees companies owned by the central government. Sixty-eight companies including China Eastern Air Holding Co. and China National Aviation Holding Co. lost money on derivative products sold by banks including Goldman Sachs Group Inc. , Morgan Stanley , Merrill Lynch & Co. and Citigroup Inc., Li wrote in the Nov. 30 article. He didn’t say which banks may have used fraudulent practices. Spokespeople at Goldman, Morgan Stanley, Merrill Lynch and Citigroup either declined to comment or weren’t immediately available. State-owned companies bought contracts linked to the price of oil and interest-rate swap products, Li wrote. The losses of 11.4 billion yuan were as of October last year, he added. The companies’ pursuit of large profits, the complexity of the derivatives contracts, poor corporate governance and risk management at the companies and a lack of sufficiently trained staff helped aggravate losses, Li wrote. State-operated enterprises should use derivatives to hedge against losses, lock in future profit and minimize risks, Li said in the newspaper. Companies should be careful not to use derivatives to speculate, he wrote. To contact the reporter on this story: Jiang Jianguo in Shanghai at jjiang@bloomberg.net Linda Shen in New York at lshen21@bloomberg.net

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Bank of America Raises $19.3 Billion to Help Repay U.S. Government Bailout

December 3, 2009

By Michael Tsang Dec. 3 (Bloomberg) — Bank of America Corp., which plans to repay $45 billion of U.S. government bailout money, raised $19.3 billion in a sale of securities at $15 apiece, a 4.8 percent discount to its common stock. The Charlotte, North Carolina-based lender sold 1.286 billion so-called common equivalent securities, according to Bloomberg data. The security, which is made up of one depositary share and one warrant, is convertible into one common share , subject to stockholder approval, a regulatory filing before the sale showed. Bank of America’s common stock rose 0.7 percent today to $15.76 in New York Stock Exchange composite trading. The sale is part of Bank of America’s plan to free itself from government restrictions after accepting funds from the Troubled Asset Relief Program. Banks, brokerages and insurers have raised $1.5 trillion to shore up capital after the biggest financial crisis since the Great Depression spurred more than $1.7 trillion in writedowns and credit losses globally. In May, Bank of America raised $13.5 billion issuing 1.25 billion common shares in response to the government’s stress tests and to help cushion losses tied to its takeover of Merrill Lynch & Co. “It’s a good thing for Bank of America, it’s a healthy thing and it needs to happen,” said Jason Brady , a managing director of Santa Fe, New Mexico-based Thornburg Investment Management, whose $4 billion Thornburg Income Builder Fund owns Bank of America bonds. “It doesn’t mean necessarily that bank of America stock is a wonderful investment because they spent a bunch of money to get the government out of the way.” Succession Battle The repayment may ease efforts to replace CEO Kenneth D. Lewis , who’s leaving the bank Dec. 31. His successor inherits a company ranked first by assets and deposits in the U.S. The plan saves billions of dollars in TARP dividends and ends extra U.S. oversight of operations and salaries, Wells Fargo Advisors analyst Matthew Burnell wrote today. Bank of America rose 11 cents to $15.76 today after advancing as much as 7 percent. Michael Mayo of Calyon Securities USA Inc. raised his rating to “outperform” from “underperform” and boosted his target to $19 from $12, which had been the lowest among analysts surveyed by Bloomberg. The bank plans to repay the U.S. using $26.2 billion of cash and the proceeds from today’s sale, according to a statement. The firm also plans to increase equity by $4 billion through asset sales and will issue $1.7 billion of restricted stock instead of year-end bonuses to some employees. To contact the reporter on this story: Michael Tsang in New York at mtsang1@bloomberg.net .

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Bank of America Raises $19.3 Billion to Help Repay U.S. Government Bailout

December 3, 2009

By Michael Tsang Dec. 3 (Bloomberg) — Bank of America Corp., which plans to repay $45 billion of U.S. government bailout money, raised $19.3 billion in a sale of securities at $15 apiece, a 4.8 percent discount to its common stock. The Charlotte, North Carolina-based lender sold 1.286 billion so-called common equivalent securities, according to Bloomberg data. The security, which is made up of one depositary share and one warrant, is convertible into one common share , subject to stockholder approval, a regulatory filing before the sale showed. Bank of America’s common stock rose 0.7 percent today to $15.76 in New York Stock Exchange composite trading. The sale is part of Bank of America’s plan to free itself from government restrictions after accepting funds from the Troubled Asset Relief Program. Banks, brokerages and insurers have raised $1.5 trillion to shore up capital after the biggest financial crisis since the Great Depression spurred more than $1.7 trillion in writedowns and credit losses globally. In May, Bank of America raised $13.5 billion issuing 1.25 billion common shares in response to the government’s stress tests and to help cushion losses tied to its takeover of Merrill Lynch & Co. “It’s a good thing for Bank of America, it’s a healthy thing and it needs to happen,” said Jason Brady , a managing director of Santa Fe, New Mexico-based Thornburg Investment Management, whose $4 billion Thornburg Income Builder Fund owns Bank of America bonds. “It doesn’t mean necessarily that bank of America stock is a wonderful investment because they spent a bunch of money to get the government out of the way.” Succession Battle The repayment may ease efforts to replace CEO Kenneth D. Lewis , who’s leaving the bank Dec. 31. His successor inherits a company ranked first by assets and deposits in the U.S. The plan saves billions of dollars in TARP dividends and ends extra U.S. oversight of operations and salaries, Wells Fargo Advisors analyst Matthew Burnell wrote today. Bank of America rose 11 cents to $15.76 today after advancing as much as 7 percent. Michael Mayo of Calyon Securities USA Inc. raised his rating to “outperform” from “underperform” and boosted his target to $19 from $12, which had been the lowest among analysts surveyed by Bloomberg. The bank plans to repay the U.S. using $26.2 billion of cash and the proceeds from today’s sale, according to a statement. The firm also plans to increase equity by $4 billion through asset sales and will issue $1.7 billion of restricted stock instead of year-end bonuses to some employees. To contact the reporter on this story: Michael Tsang in New York at mtsang1@bloomberg.net .

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Pension Funds Eliminating Equities to Add $40 Billion of Corporate Bonds

December 3, 2009

By Bryan Keogh and John Detrixhe Dec. 3 (Bloomberg) — J.C. Penney Co. , the third-largest U.S. department-store chain, is dumping stocks from its retirement plans and gradually boosting bonds to 100 percent of investments from 20 percent as federal requirements to plug pension gaps take effect. The Plano, Texas-based retailer promised to “eliminate” uncertainty for shareholders caused by underfunded pensions, and will shift some of the money into investment-grade bonds, increasing fixed-income assets to the highest level in the plan’s history, J.C. Penney spokeswoman Darcie Brossart said. J.C. Penney has plenty of company. General Motors Co. and Goodrich Corp. have also been buying debt as the U.S. pushes retirement pools to cut riskier assets after losses jeopardized some funds. JPMorgan Chase & Co. says fixed-income holdings will rise 10 percent in the next few years, or about $40 billion of corporate debt. The new money is flowing into investment-grade bonds, which may be overheating after returning 21 percent this year, according to Cabot Money Management. “We’re seeing more plans leaning toward corporate bonds than has been the case historically,” said Mark Ruloff , the director of asset allocation at Arlington, Virginia-based consulting firm Watson Wyatt Worldwide Inc., which surveyed funds in August on their strategies. “It’s adding a new slate of buyers that weren’t in the market before.” Pension funds are increasing allocations of investment- grade debt to the highest level since the 1970s, when federal rules created a “bias” toward equities, as the U.S. mandates that plans set targets to fully fund worker obligations, Ruloff said. Competing for Debt Demand from retirement plans is competing with mutual funds and public pensions for corporate debt, even as prices may not be justified by the economic outlook or profits, said William Larkin , who oversees $500 million at Cabot Money Management. Investment-grade bonds have returned 21 percent this year, including reinvested interest, the most for a comparable period since 1985, according to Merrill Lynch & Co. index data. Cash flowing into the market has allowed companies to borrow a record $1.18 trillion this year, Bloomberg data show. Investment-grade securities are rated at least Baa3 at Moody’s Investors Service and BBB- by Standard & Poor’s. “I’m seeing a lot of ugly issuers out there,” said Larkin, a Salem, Massachusetts-based money manager. “Someone’s buying them, and they’re very, very expensive.” Auto, Airline Losses Congress passed the Pension Protection Act of 2006 after losses in the auto and airline industries threatened to saddle the government-run Pension Benefit Guaranty Corp. with “significant” liabilities, according to JPMorgan. Companies in the S&P 500 Index had about $1.1 trillion of assets in their pensions at the end of 2008, compared with $1.4 trillion of liabilities, according to JPMorgan. After last year’s 38 percent plunge in the S&P 500 Index, the worst since 1937, the plans were underfunded by about 22 percent. The Pension Protection Act of 2006 encourages managers to shift to corporate bonds in two ways. The act discounts liabilities based on high-rated investment-grade debt, providing an incentive to put assets in similar investments. The rules also require plans to ensure they are fully funded, providing benchmarks and penalties along the way and requiring plans be frozen if the assets fall below 60 percent of the value of future liabilities. ‘Game Changer’ For J.C. Penney, with about 150,000 participants in its primary pension plan, the rules are a “game changer,” Chief Financial Officer Robert Cavanaugh told analysts and investors on a June 18 conference call. “At the end of the day, it’s real easy,” he said. “Do you have enough cash to protect your associates’ retirement?” Corporate plans traditionally allocated about 60 percent of their assets to equities, 30 percent to fixed-income securities and 10 percent to alternatives such as private equity and real estate, said Joseph Rosalie, principal in the human capital practice at Deloitte Consulting LLP in New York. J.C. Penney is aiming for a 75 percent fixed-income allocation by 2014 to 2017, depending on how quickly the stock market recovers from the recession , according to the company. In June, the fund allocated 70 percent of its assets to equities, 20 percent to fixed-income and 10 percent to real estate. High-quality corporate bonds will make up an increasing share of the fixed-income portfolio over time and currently make up a “meaningful component,” Brossart said in an e-mail. “J.C. Penney is taking it to an extreme,” Rosalie said. ‘Blackjack Table’ With the S&P 500 up 23 percent this year, corporate pension funds may resist switching, said Rosalie, who expects allocations to be split evenly between equities and bonds in coming years. “When do you get off the blackjack table?” he said. “How do I walk away from equities when I know the market’s got to return?” Pensions were lured to the corporate market earlier this year after yields rose to the highest on record relative to Treasuries, said Michael Schlachter , who advises retirement funds as a managing director at Santa Monica, California-based Wilshire Associates Inc. After widening to 6.03 percentage points in January, so- called spreads have narrowed to 2.19 percentage points, about the lowest since January 2008, according to Merrill Lynch index data. The market’s 21 percent return this year compares with losses of 6.82 percent in all of 2008, the worst on record. ‘Extreme Market Conditions’ “It was a shift born solely of extreme market conditions,” Schlachter said. “Corporate spreads have not been super compelling like they have been over the past six to nine months.” Goodrich , the largest maker of aircraft landing gear, began shifting to investment-grade bonds from Treasuries earlier this year, Chief Financial Officer Scott Kuechle told analysts on Nov. 7. Goodrich’s U.S. plan was underfunded by 29 percent as of last Dec. 31, with about $2.4 billion of assets covering $3.4 billion of expected liabilities. “That was pretty well-timed in the beginning of this year,” he said. The Pension Benefit Guaranty Corp. , which takes over failed private funds, insuring the plans of more than 44 million Americans, is moving away from equities, according to spokesman Jeffrey Speicher. As of Sept. 30, the PBGC, which isn’t covered by the Pension Protection Act, allocated 60 percent of its about $70 billion in assets to cash and fixed-income securities and 37 percent to equities. GM’s asset management unit began employing a liability- driven investment approach in 2003 and moved about 20 percent of its U.S. fund’s assets to fixed income from equities in late 2006, limiting losses from last year’s market plunge, Julie Gibson, a spokeswoman for GM, said in an e-mail. “This reallocation served us well last year, when the pension lost around 11 percent, much less than a lot of firms with greater equities exposure,” she said. To contact the reporters on this story: Bryan Keogh in London at bkeogh4@bloomberg.net ; John Detrixhe in New York at jdetrixhe1@bloomberg.net

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Bank of America Will Repay $45 Billion Bailout, Easing Search for New CEO

December 2, 2009

By David Mildenberg Dec. 2 (Bloomberg) — Bank of America Corp. , the biggest U.S. lender, will repay all of its $45 billion of government bailout funds, a step toward freeing the company from added scrutiny by regulators. The lender plans to repay the Troubled Asset Relief Program using $26.2 billion of “excess liquidity” and $18.8 billion through securities sales, according to a statement today from the Charlotte, North Carolina-based company. The bank also plans to raise $4 billion through asset sales, and will issue $1.7 billion of restricted stock instead of year-end bonuses to some employees. Bank of America received two rounds of TARP funds, including $20 billion to help cushion losses tied to the takeover of Merrill Lynch & Co. in January. Repaying bailout funds would help free the bank from curbs on executive pay, as well as unwanted input from regulators about the bank, people familiar with the matter have said. The Federal Reserve this month asked Bank of America and eight lenders that received TARP to submit repayment plans. Bank of America’s plan will reduce income available to common shareholders in the fourth quarter by $4.1 billion, the company said. To contact the reporter on this story: David Mildenberg in Charlotte at dmildenberg@bloomberg.net

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Bank of America to repay TARP, raise cash

December 2, 2009

NEW YORK — Bank of America Corp. says it plans to repay its government bailout funds and raise capital in the coming days. The bank has issued a statement Wednesday saying it would pay back the $45 billion in government loans it received during the credit crisis last year and after the purchase of Merrill Lynch & Co. earlier this year. The move would allow Bank of America, which is trying to recruit a new CEO to succeed the retiring Ken Lewis, to free itself from government restrictions on executive pay that come along with bailout funds. Bank of America said it would use $26.2 billion in available cash and would also sell $18.8 billion in securities.

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Junk Corporate Bonds Lose Money in Europe for First Time in Nine Months

December 1, 2009

By John Glover Dec. 1 (Bloomberg) — High-yield corporate bonds in Europe lost money for the first time since February last month as Greece’s weakening finances and concern Dubai would default caused investors to shy away from riskier assets. Junk bonds, rated below Baa3 by Moody’s Investors Service and BBB- by Standard & Poor’s, returned minus 0.19 percent in November including reinvested interest, according to Merrill Lynch & Co. index data. That compares with a monthly return of as much as 13.1 percent in May, and pares gains for 2009 to 72 percent, the data show. “When you have shocks like Greece or Dubai, they’re going to put a slight hold on corporate bond performance,” said Gary Jenkins , head of credit research at Evolution Securities Ltd. in London. “There are concerns out there about the wider world and you have to expect shocks.” Dubai’s government said Nov. 25 that state-run Dubai World, with more than $56 billion of debt, would seek a standstill agreement with creditors and an extension of loan maturities until at least May 30, 2010. Greece , where bank shares have slid on concern the withdrawal of the European Central Bank’s extraordinary support measures will hurt economic recovery, said it may have a 2009 budget deficit of more than 12 percent of gross domestic product. Investment-grade bonds beat both junk corporate notes and government debt last month, according to Merrill indexes. High- grade bonds sold by European companies returned 0.88 percent, compared with 0.66 percent for the region’s government debt. National Bank of Greece SA , the largest Greek bank, fell more than 20 percent in November in stock market trading. EFG Eurobank Ergasias SA , the nation’s second-biggest lender by assets, dropped 18 percent in the month. Dubai World said today it began talks with creditors to restructure $26 billion of debt, including liabilities of real- estate developer Nakheel PJSC. To contact the reporter on this story: John Glover in London at johnglover@bloomberg.net

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Bank of America May Name Stopgap Chief to Allow Board More Time for Search

November 23, 2009

By Bradley Keoun, David Mildenberg and Ian Katz Nov. 23 (Bloomberg) — Bank of America Corp. ’s board may extend its search for a permanent new chief executive officer into 2010 if directors can’t settle on a candidate in the next three days, according to people familiar with the matter. The directors , who met Nov. 20, may be willing to go past their Nov. 26 target and the Dec. 31 retirement of CEO Kenneth D. Lewis if it means getting a better choice, according to a person familiar with the deliberations. At least four external candidates, including Citigroup Inc. director Michael O’Neill , rebuffed approaches. Options include an interim chief or a delay in Lewis’s retirement. Bank of America faces pressure to pick someone in a short period who’s acceptable to regulators and whose pay would be low enough to win approval from Treasury Department paymaster Kenneth Feinberg , the people said. Politics also has influenced the choice at the biggest U.S. bank, the people said. House Oversight Committee Chairman Edolphus Towns said last week Brian Moynihan , one of two internal candidates, may lack the needed leadership. That’s narrowing the field and giving the board “an incredibly tough job,” said Michael Holland , who oversees more than $4 billion as chairman of Holland & Co. in New York. “For people who have choices, it’s hard to figure out why someone would take this job.” The people familiar with the matter spoke before any board meetings this past weekend. They declined to be identified because CEO selection is confidential at the Charlotte, North Carolina-based bank. Decision Nears Bank of America representatives have said the bank was aiming for a decision by the Nov. 26 Thanksgiving holiday, calling it a target rather than a deadline. “The board has been talking to a number of candidates, both internal and external, and expects to have a decision in the very near future,” spokesman Robert Stickler said in a Nov. 20 e-mail. Holland said director Charles K. “Chad” Gifford , a former CEO of FleetBoston Financial Corp., which was bought by Bank of America in 2004 , could step in on an interim basis. Some candidates are reluctant to wade into disagreement between board members and the government over the bank’s future strategy , said Rochdale Securities LLC analyst Richard Bove , citing large shareholders briefed on the matter. “The government and perhaps some of the new directors want the bank cut back in size , while the old core Bank of America people don’t want to do that,” Bove said. Dropping Out O’Neill, a former chief financial officer of predecessor BankAmerica Corp., withdrew from consideration after talking with search-committee members because he felt they didn’t fully grasp how serious regulators are in their demands for change, the people said. O’Neill told the committee members that the company needed to increase the size of its banking operations and shrink its trading business, one person briefed on the talks said. The committee members responded that such a shift would be unproductive because it would abandon the strategy set when Lewis bought Merrill Lynch & Co., the person said. Compensation is another obstacle, because Bank of America’s $45 billion bailout from the Troubled Asset Relief Program puts the CEO under the purview of Feinberg, the paymaster. Lewis agreed in October to forgo any pay for 2009 after being advised to do so by Feinberg. Feinberg’s pay restraints have limited the board’s options, one of the people said. Feinberg’s Role Feinberg probably wouldn’t approve a package big enough to lure PNC Financial Services Group Inc. Senior Vice Chairman William Demchak , who was among 18 candidates on a list provided Nov. 3 by Finger Interests Ltd., a Houston-based investment fund with 1.1 million Bank of America shares. As of August, Demchak owned about 219,000 PNC shares, currently worth about $12 million, data compiled by Bloomberg show. Bank of America may need to buy out stakes in competing lenders owned by candidates like Demchak to prevent a conflict of interest. Some candidates could be eliminated because Feinberg isn’t likely to approve their buyouts on concern that Congress wouldn’t tolerate large payments, according to a person familiar with the process. Getting rid of TARP would eliminate that obstacle as well as unwanted input from regulators, according to a person familiar with the board. Finger Candidates The Fingers helped lead a shareholder revolt that stripped Lewis of his chairman’s title in April. At least four people on the Finger list subsequently said they weren’t interested. They are O’Neill; former JPMorgan Chase & Co. investment-banking co- head William Winters ; U.S. Bancorp CEO Richard Davis ; and Eugene McQuade , a former Freddie Mac president who now oversees Citigroup’s largest banking subsidiary, according to people familiar with the matter. Two executives not on the list, Bank of New York Mellon CEO Robert Kelly and BlackRock Inc. CEO Laurence Fink , have told colleagues and friends they’re not interested. Ex-GMAC LLC CEO Alvaro de Molina , a former Bank of America chief financial officer who also made the list, was never contacted, people said. Charles Scharf , head of retail banking at JPMorgan, was contacted, people familiar with the matter said. Scharf and de Molina declined to comment. Aside from Moynihan, 50, other internal candidates include Chief Risk Officer Gregory Curl , 61. Lewis, 62, favors Curl, one person familiar with the matter said earlier this month. Fed’s Choice Federal Reserve officials, who questioned Lewis’s judgment when he considered backing out of the bank’s $29 billion purchase of Merrill Lynch, are pressing for an outsider because they want more drastic change, a different person said. “B of A would really benefit from a fresh set of eyes and a fresh management approach,” said William Atwood , executive director of the Illinois State Board of Investment, which holds 2 million Bank of America shares . “It would be a bad thing if they’re focusing their attention internally.” Lewis has indicated to associates that he would remain as CEO on an interim basis if asked by the board , according to a person familiar with his thinking. Rochdale’s Bove wrote in a Nov. 20 note that several large investors support the idea. “That would give the board time to get their ducks in a row and they would have more breathing room,” said Marc Oken , a former Bank of America chief financial officer who left in 2005. It also would be a discouraging sign of how poorly the search is going, Atwood said. “If that’s their best option, they’re really not doing very well,” Atwood said. To contact the reporters on this story: Bradley Keoun in New York at bkeoun@bloomberg.net ; David Mildenberg in Charlotte at dmildenberg@bloomberg.net ; Ian Katz in Washington at ikatz2@bloomberg.net

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Morgan Stanley Names Ex-Merrill Manager Moffitt to Bolster Securitization

November 23, 2009

By Christine Harper Nov. 23 (Bloomberg) — Morgan Stanley , preparing for a resurgence in securitized debt sales, hired former Merrill Lynch & Co. executive David Moffitt to lead the effort within the firm’s capital markets division. Moffitt, 47, starts Dec. 1 in New York as head of global credit solutions and will report to Raj Dhanda and John Hyman , co-heads of global capital markets. Moffitt will coordinate his efforts with J.D. Pearce, 41, who will run the sales and trading part of the business, reporting to Steve D’Antonio , according to an internal memo obtained by Bloomberg. Morgan Stanley, the second-biggest U.S. securities firm before becoming a bank last year, is hiring as many as 400 sales and trading employees to boost revenue from the business. While debt and equity underwriting have recovered this year after slumping in 2008, Dhanda said he expects the securitization business to rebound next year. “Within our capital markets business this is one of the big growth areas,” Dhanda, 41, said in an interview. “Nobody expects underwriting to double, but securitization or structured solutions business can double, or triple.” Demand for securitized debt plummeted in 2008 and 2009 after the worst financial crisis since the Great Depression, which was driven in part by a collapse in the value of bonds backed by home loans. Financial companies around the world have taken more than $1.7 trillion in writedowns and credit losses since the crisis began in mid-2007, according to data compiled by Bloomberg. “Borrowers’ expectations on what the market will deliver are much more reasonable in terms of price, type of assets, the leverage you can put on it,” Dhanda said. U.S. Aid Repaid Morgan Stanley, which reported its first quarterly profit for a year in October, is one of the biggest U.S. banks to return money received from the U.S. Treasury department this year, although it continues to benefit from federal guarantees on some of its debt. The firm repaid $10 billion in June. Moffitt is joining Morgan Stanley after consulting for about a year at MatlinPatterson Global Advisers LLC, a buyout firm led by former Credit Suisse Group AG distressed-debt specialist Mark Patterson . Moffitt previously oversaw structured-product sales in the fixed-income division of Merrill Lynch, which was sold to Bank of America Corp. last year after suffering losses on structured debt investments. At Morgan Stanley, Moffitt will gain responsibility for all primary securitization and asset restructuring, according to the memo. Morgan Stanley’s corporate securitization business, led by Tom Cahill , will report to Moffitt, as will the businesses led by Val Kay , Matt Salvner and Kevin Ryan . Pearce, who works within the fixed-income division, will be the point person handling inquiries from sales and trading clients on credit-portfolio restructurings and asset disposals, the memo said. Tom Jackivicz will lead the effort in Europe, reporting to Pearce, the memo said. To contact the reporter on this story: Christine Harper in New York at charper@bloomberg.net .

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Morgan Stanley Names Ex-Merrill Manager Moffitt to Bolster Securitization

November 23, 2009

By Christine Harper Nov. 23 (Bloomberg) — Morgan Stanley , preparing for a resurgence in securitized debt sales, hired former Merrill Lynch & Co. executive David Moffitt to lead the effort within the firm’s capital markets division. Moffitt, 47, starts Dec. 1 in New York as head of global credit solutions and will report to Raj Dhanda and John Hyman , co-heads of global capital markets. Moffitt will coordinate his efforts with J.D. Pearce, 41, who will run the sales and trading part of the business, reporting to Steve D’Antonio , according to an internal memo obtained by Bloomberg. Morgan Stanley, the second-biggest U.S. securities firm before becoming a bank last year, is hiring as many as 400 sales and trading employees to boost revenue from the business. While debt and equity underwriting have recovered this year after slumping in 2008, Dhanda said he expects the securitization business to rebound next year. “Within our capital markets business this is one of the big growth areas,” Dhanda, 41, said in an interview. “Nobody expects underwriting to double, but securitization or structured solutions business can double, or triple.” Demand for securitized debt plummeted in 2008 and 2009 after the worst financial crisis since the Great Depression, which was driven in part by a collapse in the value of bonds backed by home loans. Financial companies around the world have taken more than $1.7 trillion in writedowns and credit losses since the crisis began in mid-2007, according to data compiled by Bloomberg. “Borrowers’ expectations on what the market will deliver are much more reasonable in terms of price, type of assets, the leverage you can put on it,” Dhanda said. U.S. Aid Repaid Morgan Stanley, which reported its first quarterly profit for a year in October, is one of the biggest U.S. banks to return money received from the U.S. Treasury department this year, although it continues to benefit from federal guarantees on some of its debt. The firm repaid $10 billion in June. Moffitt is joining Morgan Stanley after consulting for about a year at MatlinPatterson Global Advisers LLC, a buyout firm led by former Credit Suisse Group AG distressed-debt specialist Mark Patterson . Moffitt previously oversaw structured-product sales in the fixed-income division of Merrill Lynch, which was sold to Bank of America Corp. last year after suffering losses on structured debt investments. At Morgan Stanley, Moffitt will gain responsibility for all primary securitization and asset restructuring, according to the memo. Morgan Stanley’s corporate securitization business, led by Tom Cahill , will report to Moffitt, as will the businesses led by Val Kay , Matt Salvner and Kevin Ryan . Pearce, who works within the fixed-income division, will be the point person handling inquiries from sales and trading clients on credit-portfolio restructurings and asset disposals, the memo said. Tom Jackivicz will lead the effort in Europe, reporting to Pearce, the memo said. To contact the reporter on this story: Christine Harper in New York at charper@bloomberg.net .

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U.S. Corporate Bond Sales Climb to Record $1.17 Trillion as Economy Grows

November 23, 2009

By Gabrielle Coppola and Nikolaj Gammeltoft Nov. 23 (Bloomberg) — Borrowers have sold a record $1.171 trillion in U.S. corporate bonds in 2009, surpassing the amount sold in 2007, according to data compiled by Bloomberg. Sales of investment-grade and high-yield, high-risk debt compare with the more than $1.167 trillion that companies sold in all of 2007, a record year for corporate bond issuance, Bloomberg data show. Issuance soared as companies that couldn’t sell debt following the collapse of Lehman Brothers Holdings Inc. in September 2008 grabbed at opportunities to tap the market as it opened this year, according to Brian Yelvington , director of fixed-income research and strategy at Knight Libertas LLC in Greenwich, Connecticut. “Many corporations were forced to rethink dependence on short-term funding markets,” he said. Treasurers “locked up financing when they could.” Borrowing costs also were low by historical standards, Yelvington said. The Federal Reserve last year cut its target for overnight loans among banks to a range of zero percent to 0.25 percent as the government created programs to free up credit amid the worst financial crisis since the Great Depression. Yields on corporate bonds fell relative to benchmark rates to 3.24 percentage points as of Nov. 20, from 8.04 percentage points at the end of last year, according to Merrill Lynch & Co.’s U.S. Corporate & High Yield Master index. To contact the reporters on this story: Gabrielle Coppola in New York at gcoppola@bloomberg.net ; Nikolaj Gammeltoft in New York at ngammeltoft@bloomberg.net

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