phone

Huffington Post…

Warning: Do not call Spanish homes between three and six in the afternoon! Let me explain the painful lesson I learn at the beginning of every summer. Every summer, my wife Carmen finishes teaching Spanish at a New York City school and heads to her hometown in Spain with our two young sons for some rest and relaxation. I stay in New York City tied to the classic American rat race work responsibilities. While summer separation presents plenty of challenges to a marriage, one of the cultural clashes my wife and I face is the siesta phone call. In southern Spain it is normal for a family to eat lunch during the summer between two-thirty and four in the afternoon. After lunch, many Spaniards take a siesta, a nap lasting from fifteen minutes to a couple of hours at most, before heading back to work in the late afternoon. My wife and her family are strict practitioners of the siesta. After the plates are cleared from the dining table, all family members head to take a siesta. Down come the heavy metal shutters over the windows, off go televisions, radios, computers and the dog is put outside on the patio. The noise of the traffic in the streets fades. During this restful moment is generally when I make my mistake. I arrive at my office pick up the phone and call Carmen to check on her and the boys before I get too caught up with work. The phone rings. And rings. And rings. Finally, I am greeted by a fumbling phone sound as someone on the other end reaches to pick-up the handset but struggles to get a clean grasp on it. I hear a voice, the voice of my wife’s father. It is an anxious voice, the type of voice that I use when I pick up the phone when I receive an unexpected call in the middle of the night. ” ¿Sí? ¿Quién es (who is it)?” he utters. On the other end of the line I answer with caffeinated, American accented Spanish, ” Hola Fernando. Soy Bant, desde Nueva York! ¿Cómo estás (how are you)? ¿ Puedo hablar con Carmen (can I speak to Carmen)?” This is when I hear the change in his voice from anxious to slightly irritated. “Ar, um, hola Bant, sí, errr, es siesta. Un momento. Voy a llamar a Carmen. (I am going to call Carmen)” He drops the handset and walks down the hall to wake my wife. Soon I hear my wife on the line. “Bant, is everything ok?” she asks in a concerned voice. I answer, “Absolutely, how are you? How are the kids?” When my wife realizes that all is well and that I am just calling to chat she shifts from concerned to angry. “What are you doing? Do you know what time it is? It is siesta! This is time for sleep, not talk. You woke my father, my mother. DO NOT CALL DURING SIESTA!!! We’ll talk later.” I hear a click as she hangs up on me. Not a great marital conversation, but cultural lesson learned. If calling a home in Southern Spain, especially in the hot summer months, do not call between three and six in the afternoon. Do not mess with sacred siesta. And maybe we can learn from the siesta. There is something extremely refreshing about grabbing a nap, even for only fifteen minutes, resetting the mind before tackling the second half of the day. Could we ever incorporate an idea like siesta into the US working day? Could we set aside our five-hour energy drinks for a nap instead? If we can, I will learn the lesson from my siesta phone calls and make sure my phone is off the hook.

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Bant Breen: The Siesta Phone Call

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Google Unleashes Groupon Competitor

by The Huffington Post on June 1, 2011

Huffington Post…

Google Offers , a Groupon-like local deals service, goes live on Wednesday. The beta service will initially be offered in Portland, Oregon, and will expand to New York and San Francisco later this summer. Google will integrate Offers with the newly announced Google Wallet , a “single tap” payment system for smartphones equipped with NFC technology, which Google also plans to roll out in the coming months. Google Executive Chairman Eric Schmidt and VP of Commerce Stephanie Tilenius walked onlookers through the simplicity of the service during Tuesday’s D9 conference in Palos Verdes, California. According to the demonstration, a user has only to select a desired coupon online to save the deal via his phone’s Google Wallet, which can access the coupon once the user has tapped the device at the point of sale. For example, Google is currently offering a $3 deal worth $10 of merchandise at Floyd’s Coffee Shop in Portland. Rather than print a coupon to present to the merchant, a Google Wallet customer would store the deal on his Google Wallet and use his phone at Floyd’s compatible NFC register to redeem the offer. Tilenius said that Google will charge a listing fee comparable to the cut that other coupon services take. However, Google won’t charge a fee for the transaction between customer and merchant or for the app that enables the transaction. Though Google Offers is currently limited to select retailers in Portland, Google says it will announce “thousands of partners” in the future and hopes to expand Offers beyond the Android platform. Late last year, Google was rumored to be negotiating a $5 to 6 billon acquisition of Groupon , but negotiations reportedly broke down in December. You can check out our slideshow to find out more about the upcoming Google Wallet and its features, and you can subscribe to Google Offers to receive notifications when the service becomes available in your area.

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Google Unleashes Groupon Competitor

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Michael Tasner: Seven Free Marketing Tactics to Grow Your Small Business

April 27, 2011

Most people think that marketing “has to cost money” in order to be effective. This article proves otherwise. These seven tactics have all been time tested and proven to work time and time again. #1 Your Business Card What does your business card say about you or your company? Is it on cheap card stock? Is there a message on the back? Is there a clear call to action? 95% of the business cards I have seen are ineffective. Did you know that business cards are among the few things that people actually hold on to when given? In Japan, for example, they are coveted. Make your card stand out and load it up with information. If this one item was the only thing a potential customer had, would it move the needle forward towards a sale or farther away? #2 Free Public Talks Speaking, in general, is a great way to build your status, but is also a great way to attract clients. Simply go to Google, type in your industry and then the phrase: “event”, or “conference”, or “expo,” and you will start to find lists of all of the different events. Browse the pages and look for the page that allows you to apply to be a speaker at that event. Another great way to find events is to join a few of the Chamber of Commerce’s and find out where the different local events that are coming up are being held. If there is nothing coming up in your industry, start something locally and pave the way. #3 Mining Your Email List Believe it or not, email marketing is still going strong (and actually increasing) as people continue to read their emails on their smart phones. In the next 24 hours, mine your list. Remove the bounces and the bad emails. Send out an email asking people to “re-opt-in” if they are truly interested in what you have to say; if not, goodbye. The only people you should keep on your email list are people that really want to hear what you have to say. Mine your list one to two times a year like clockwork. Don’t be afraid if the number goes down. #4 The Way You Answer the Phone I understand that this sounds simple, but the way you answer the phone can make or break a sale. A simple hello just isn’t going to cut it. Answering after six rings and then putting someone on hold will also not cut it. Why not answer on the first ring with something like: “Hey there, I hope you’re having a great day, this is Michael, how can I help you accomplish your dreams today?” #5 Your Follow Up How do you follow up with a potential customer? An even better question is, how quickly do you follow up? You should respond to all requests within 24 business hours (if not sooner). If there is someone who wants a quote, or to chat, make sure to get back to them ASAP. After you have spoken, follow up at least four times, in four different fashions: an email, a physical letter, a phone call, and some type of lumpy mail. One of my favorite lumpy mail techniques is using SendaBall.com . I send a ball after I talk with every prospect saying “I had a ball chatting with them.” #6 Blogging Blogging is back baby. Well, blogging really never went away. Now more than ever, consumers are looking to put a face to the companies they frequent, or are thinking of frequenting. Blogging is a great way to build rapport with your customers and your potential customers. Blog often and blog about topics that would be deemed useful to your audience. Yes, some personal blogs here and there are great as well, but keep it more informational than anything. Check out the blog at Keg Works for a great benchmark. #7 Writing a Book A book is among the best business cards you’ve ever had. A book helps take your brand or your companies brand up 10 notches the minute it comes out. Don’t think you could write a book? Hire a ghost writer. Don’t think there’s a potential topic for the space you’re in? Try me, and check out these examples: ● Lingerie store: How looking sexy can make you feel better and improve your marriage. ● Video Rentals: The top videos that improve mankind. ● Garage sales: How to spot a bargain at a garage sale and re-sell it for a hefty profit. ● Tree Climber: Crazy stories from a tree climber who has seen it all. While eBooks are great, I still recommend having at least a hundred or so copies printed (check out print on demand by companies like amazon or lulu.com ) Physical books command more attention and respect. There you have it, seven tactics that cost you nothing more than your time. Pick one and implement it in the next 30 days.

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State Workers/Mega Millons Winners REVEALED

March 31, 2011

SCHENECTADY, N.Y. — The seven state workers from the Albany, N.Y. area who won last week’s $319 million Mega Millions jackpot may have gotten some extra luck from the patience and appetite of the man delegated to buy the winning ticket. Mike Barth was at a newsstand in downtown Albany to buy the random Quick Pick ticket for the group when he decided to pick up a candy bar. “I was at the counter. It was my turn to buy a ticket when I reached down to grab a Snickers bar from the candy display and someone reached over me, actually cut in front of me to buy a ticket,” the 63-year-old from suburban Bethlehem said Thursday. “I thought about saying something but decided to just let it slide. I bought the next ticket.” On Friday night, Barth’s co-worker Gabrielle Mahar, 29, of Colonie, learned that she and her fellow information technology workers at the state Division of Housing and Community Renewal had the winning numbers “I was up late reading and wanted to catch the numbers but missed them. I was dialing up the Lottery website on my phone when the numbers scrolled across the screen. I was dumbfounded,” she said. Word spread quickly among the group. When Leon Peck, 62, of Johnstown got the call Saturday morning, he assumed there must have been a problem at work. “We’re IT people. We get calls all the time about malfunctioning servers so I figured that was why my phone was ringing so early in the morning,” he said. Tracy Sussman, 41, of Colonie said she took the good news call after initially thinking, “What’s wrong now?” The other winners are John Hilton, 57, of North Greenbush; John Kutey, 54, of Green Island; Kristin Baldwin, 42, of Clifton Park. The group said they haven’t decided if they’ll leave their state jobs, but they’ve got plans for things like buying a dishwasher, tires and college educations for their kids. They’re each collecting checks for $19.1 million after taxes. The jackpot was the fifth-largest in the multistate game’s history.

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Carolyn Ziel: Reach Out and Touch Someone — With Your Telephone

March 9, 2011

Have you noticed that almost every week a newer, more state of the art mobile phone gets released? This makes me wonder why the telephone is still not used as much as it could be to build business. With the speed-of-light growth of Social Media, the telephone has been left behind. It may seem contrary, but I highly recommend combining the two technologies: the long lost art of the cold call with the new found art of social networking. This is a sure fire combination to boost your business! We are a global community. We can reach out to people around the world in ways we never dreamed of, using sites like Facebook , Twitter , MySpace and LinkedIn . People, craving community and connection, wanting to be seen, heard and understood, are changing the face of how we do business. This is the age of Joint Ventures and Affiliate Partnerships. We no longer have to struggle alone to grow our businesses; the trend is to move forward with partners. Now it’s about “Why compete when we can collaborate?” As an entrepreneur, you are ideally situated to ride the wave by taking advantage of this new movement toward community. You can broaden your reach by being proactive and utilizing the tools available to you. It’s not only the Internet driving us to be more social, it’s a predictable trend in human nature moving us to want to be more social, to collaborate more, and to join together with like-minded others. It is this bigger human trend that is taking the Internet and turning it into a social contact machine the likes of which we’ve never seen before. Here are some ways you can tap into this emerging trend and position yourself to use social networking sites to your advantage and grow your business: Investigate new ways to collaborate with individuals who are in similar industries, or who were once your “competitors”. (There’s even a name for this because it happens that often! They call it ” co-opetition “, the combination of cooperation and competition). Be creative and reach out with the intention of helping each other in the process. This is the key as we move into this new marketplace. Take it off of your favorite Social Media site’s home page and bring it to life! I’ll be the first to admit that it’s fun to scour Facebook and the other social and business networking sites to look for old friends and reconnect. Many are using Social Media to promote their businesses, creating marketing and branding teams by sharing each other’s information. This is a great way to use the Internet. When more and more people are doing this, how do you differentiate yourself? How are you going to get noticed amongst all the Internet noise? The telephone! I know you heard me… the telephone. You can use this incredible tool to build valuable relationships by reaching out beyond the norm. Bridge old and new to create strategic alliances that can propel you forward in ways you never imagined. “Reach Out and Touch Someone”. Remember this AT&T iconic slogan? Its meaning is more important now than ever. Our modern social networking medium is amazing, but what if you took it one step further and picked up the phone and made a more lasting connection? This is the magic opportunity; you can turn social networking into something that will differentiate you from others and boost profits. Recently, I took one virtual conversation into real time and a face-to-face meeting. This valuable connection I made turned into an opportunity: as you know, I now have my own blog on The Huffington Post ! Your first step might be to become friends with people on line, but don’t stop there. Make a real connection with someone and pick up the phone. Cold calls aren’t really cold anymore. At worst they are “warm calls” because you have made the introduction via a friendly message, by sharing mutual interests and already building a relationship! As social human beings we tend to have a predisposition to like people who like what we like. So use that, use the similarity of interests you’ve already discovered to build rapport. It is time for us to make another shift in how we communicate. It may seem like a step back, but it is really two steps forward. By combining old and new, you are thinking “outside of the box”, or doing away with the box altogether. Take full advantage of all the tools available, both new and old to move forward in ways you never imagined possible! Mixing old and new, the internet and the telephone, are really quite a match. They are a match made in business strategy heaven.

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Hilary Kramer: How to Avoid Home Loan Modification Scams

February 13, 2011

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

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Nokia Has More To Worry About Than Apple And Google

February 11, 2011

Nokia’s cell phone software has been compared to a turkey , a rotting corpse, and, by the company’s own chief executive, a ” burning platform ” about to be consumed by the “blazing fire” set by its competitors. These are hardly the analogies one would expect for a company that has been the largest mobile-phone maker in the world for over a decade. Nokia sold nearly 10 times as many phones last year as Apple, that darling of Main Street, Wall Street and Silicon Valley — 453 million units to the Cupertino company’s 47.5 million. But Nokia’s dwindling market share, which dropped 10 percent in a year to 28.9 percent, tells a different story: that of an established company hemorrhaging customers to innovative, nimble rivals who are upending the balance of power more quickly than ever before. According to the research firm Canalys , 2010 saw Google’s Android operating system surpass Symbian, Nokia’s mobile platform, to become the top smartphone software in the world. Desperate times call for desperate measures. Early Friday, Nokia announced a deal with Microsoft to abandon its own cellphone software in favor of Microsoft’s Windows Phone operating system. The alliance, amicable but not exclusive, marks a strategic effort by both companies to reverse their sagging fortunes in the mobile marketplace. Yet analysts suggest Nokia still has more to worry about than either Google or Apple. By allowing Symbian to die off, the Finnish company effectively intends to kill one arm of its business in order to focus almost exclusively on hardware. Turning its back on its software ventures has two major consequences: first, it means Nokia will be forced to rely on third-party companies to supply the brains to its smartphone bodies. Second, it forces Nokia to compete directly with companies like Samsung and HTC that have years of experience focusing solely on developing competitive hardware for choosy consumers who expect ever-sleeker, smarter, faster devices. “Nokia no longer defines its own destiny and that’s a loss,” said Sascha Segan, a lead analyst for PCMag Mobile. “Nokia put its destiny in hock to Microsoft. For first time, Nokia’s success is very dependent on how often someone else puts out their software platform.” While the move away from software is likely to shrink the company and significantly alter the makeup of its business, experts say such a shift was crucial to Nokia’s survival. “It’s probably the best choice among bad choices,” Gartner analyst Michael Gartenberg said. “But again, when you’re standing on a burning platform, your options are limited. You have to get off and get off quickly.” Though teaming up with Microsoft was a drastic measure for Nokia, analysts say Apple and Google will barely blink. Neither Redmond nor Espoo has unveiled a secret weapon: Nokia and Microsoft’s Windows Phone are both known quantities, neither of which have thus far stood in the way of Android or the iPhone. And while Nokia and Microsoft are powerful brands with distinguished legacies and still-robust market share, they lack momentum in the marketplace. Windows Phone 7, Microsoft’s bold attempt to reinvent its mobile offering, was a critical success that wowed reviewers but has failed to spur an influx of consumers. It’s an iPhone rival, not an iPhone killer. “My guess is that it’s business as usual in Cupertino,” Gartenberg said of Apple’s reaction to the Nokia and Microsoft announcement. “Apple tends to say, ‘here’s our strategy, we’re going to execute against it.’” That Nokia picked Windows Phone over Android is a loss for Google — Google executive Vic Gundotra griped about the “two turkeys” in a tweet — though not a crippling one. And after all, there is still a chance Nokia may turn to Google to power a future line of phones. “This will not cause either [Apple or Google] to worry more than they were already. These companies are on their toes,” Segan said. “You could even say this is better for Google and Apple because there is no disruptive surprise to deal with. For a while now, Symbian has been a rotting corpse Google and Apple are taking bites out of.” Ultimately, the products of the new partnership are what will determine whether “Nokiasoft” will be able to upset the balance of power in the ever-more-important smartphone market. “They have to ship something that is interesting, compelling and that captures the hearts and minds of consumers,” Gartenberg said. “Nothing more, nothing less.”

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Erdin Beshimov: Q&A With Hot Potato Co-Founder: "Don’t Take Money Just For The Sake Of Money"

February 7, 2011

MIT Entrepreneurship Review : How did it feel to have [ Hot Potato ] acquired by Facebook? Saadiq Rodgers-King: The acquisition was surreal. In one way, I’ve been more successful than many of my friends who are also entrepreneurs. In another way, I’ve been doing the exact same thing as all of them this entire time. It’s constantly a grind, constantly a hustle, constantly selling it, constantly pitching it. So it’s surreal to even have you on the phone and writing a story about it. MITER: How does it happen? SRK: … Among Facebook, Google, Yahoo, and Twitter, Facebook made the most sense considering what we’ve been working on. I would have loved to have more time to get Hot Potato to realize more of its potential. At the same time, I’m very happy about the outcome and very happy that our team is going to go on and really make this happen at Facebook. How do [I] make this happen? I don’t know. Having only done this once, I can’t say there’s a formula. We had shared friends, we met them, we started talking. One of our advisors went to school with Mark Zuckerberg. Chris Hughes, one of the founders of Facebook, is now in New York working on something else, our paths had crossed. There were a couple of vectors for that introduction. It was a completely organic thing. We didn’t set out to sell the company to Facebook. It just sort of developed that way on both sides. MITER: Let’s go to the earliest days of Hot Potato. How did it all get started? SRK: Justin Shaffer, my co-founder, who I used to work for at Major League Baseball, gave me a hard time about leaving baseball when I was leaving for Sloan. And I told him, “If you’re willing to leave baseball, and we’re going to do some interesting stuff, I’ll stay.” The time wasn’t quite right then and I went off to business school. All through business school we continued that dialogue. When I left Sloan, the time wasn’t quite right either. Justin finally left baseball in late 2008 and started working on Hot Potato in earnest in early 2009. And that’s the thing, starting a company with people you know and have worked with in the past takes out a whole lot of risk. There’s still plenty of risk aside from that, but knowing the people you work with are talented, have been tested and will stand beside you when it gets ugly, and it will, makes things a lot more possible. Hot Potato was an idea that came out of our experiences in baseball around aggregating audiences and facilitating interaction amongst people around sporting events. The notion that hardcore fans of a particular sport and people who are only tangentially interested in that activity may come together. For example, I might not go to a Celtics game, but my friends are hardcore Celtics fans and so I may go to a Celtics game because of them. That the interaction between people can be as important or more important that the actual event itself is really important. In the beginning, Hot Potato was Justin working out of a space in Williamsburg [Brooklyn]. He’d been introduced to an incredible designer, Jace Cooke. Jace was doing design and Justin was writing the best code he could. I started hanging out there and coming after work. After a while, I started helping out more by writing code. This can be something of a dilemma for an MBA because there aren’t many pure strategy roles in a startup and not a lot of need for business development early on. There’s a lot more need for people who can actually do stuff. I have a computer science undergrad and I can write code. So I was helping out with that, though in the beginning I couldn’t bite off anything on my own only because I only had the hours after work and on weekends. MITER: Early dynamics in a startup are a very interesting topic… SRK: Right, working on Hot Potato part-time soon started getting a little frustrating because, given the amount of time it took me time to get up to speed on something, I wasn’t really able to execute on it. If it was anything important, for example, Justin and the guys would have to get it done themselves right away and I would have to be brought up to speed on something else. There were other disconnects too. I’d show up after work sometimes and they’d be like, “You know what, we’re drained. We were working through the night and need to chill now.” But I, of course, I would be ready to work. So in late May, I called Justin and told him to talk me out of quitting my job. Otherwise, I was going to go to office the next day, give my notice and quit. He didn’t and I did. My last day at work was a Friday and I started at Hot Potato right away on Saturday. I would joke that I no longer dreaded Mondays in any way. I was doing what I loved. Of course, I also didn’t look forward to Fridays because we worked through the weekend. I was working without pay, we hadn’t raised any money, and Justin wasn’t getting paid. I had a little money saved up, but still had business school loans. Jace was getting paid, but just a small amount to make rent. But it was a startup at its purest. MITER: What happened next? SRK: We started to look for other engineering talent. We talked to everyone we knew. Oddly enough, our next team members were people we didn’t actually seek out. One guy has always been a good friend of mine and knew what I was up to when I quit my job. I remember him commenting at the time that quitting my job for a gig with no salary in the middle of a recession was “a ballsy move.” He started sniffing around himself. Another guy was a friend of ours who we didn’t court but was told by another mutual friend that he should check out what we were up to. These two guys are better than we could have hoped to have found so when they started showing interest…we made the best of it. Intermingled in that process was our attempt to raise money. Raising money never happens as fast as you’d like. The process of raising money is an awful, awful process. It’s such a time-sink and distraction from working on your product. But it’s helpful. It helps you to solidify certain questions about your business, because you have to speak about them coherently to raise money. Things didn’t start coming together for us until we finished the product and had something to show people. Everyone was interested, we had some money that was partially committed, but it didn’t happen until when we had this thing that we could say, “Hey, here’s what we’re talking about.” At the last minute before we were ready to push out the product, things started to come together, and we managed to bring in an excellent group of investors. So we raised our round, we got luxuries like salaries and health care and we were off. MITER: Who were your investors? And how did you get them to invest? SRK: RRE, First Round Capital, Founder Collective, Betaworks, General Catalyst…a whole bunch of angels…all incredible people. Like everything else, you’ve got to create a relationship and having conversations that aren’t just about money. When you’re talking to these people, yes, you want money from them, but more so, you want their time, you want their energy, you want their interest in what you’re working on. Engage prospective investors in the problems you’re solving, have them make suggestions and introductions, and have them provide value in that way. Introductions carry a lot of weight, which makes it much easier to get to that type of investor that you really want. MITER: Was your product out before you raised money? SRK: The first version of the product was built, but we didn’t release it until after we raised money. MITER: That runs counter to the conventional logic that in consumer web you need to get traction before you can even begin thinking about raising money… SRK: There are a number of things that are useful for raising money and there is no explicit checklist that’s required. Traction: incredibly useful. An all-star team: incredibly useful. Previous experience: incredibly useful. We happened to find ourselves in the midst of a perfect storm of interest around location and social. Foursquare created an incredible amount of appetite for startups in this area. I remember having a discussion with our lead investor from RRE, Will Porteous, about this very question. We had just finished building our product, and of course, we were all gung-ho about it and assumed that we’d launch it right away and that it would take off. I asked Will if it wasn’t smarter to launch it and then raise money so that after some success we could get a better valuation. Will teaches at the business school at Columbia University, in addition to being an investor, and he quoted one of his old HBS professors when he said, “The time for eating shrimp is when they are serving shrimp.” The idea being, there’s money to be had today, you have no idea about tomorrow, so you don’t get to choose. Turning down the money already on the table is a risk. Also, raising money on the promise is very different than raising money on traction. If we launched the product right away and it got great traction, it wouldn’t have been wise of us to raise money early. However, that would have put us in a position where it just had to take off. The best position to be in is when you don’t take money just for the sake of money. When you’re evaluating venture capitalists because you need some dollars, that’s a bad situation. A lot of people have money. You need to be evaluative of venture capitalists on the basis of what else they can do for you — their experience and connections. If your company depends on, say, the movie industry and your investors have movie industry connections, that will help you be successful. These are the people you want to take money from. You take money from them in order to incent them to help you. That’s why you’re taking money from them. If it’s just about the money, you’ve lost a tremendous opportunity to create allies. This interview originally appeared on the MIT Entrepreneurship Review .

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Penny Herscher: White-Collar Americans Are Guilty Until Proven Innocent

February 4, 2011

Americans have a legal right to be presumed innocent until proven guilty, and yet for white-collar workers, that’s nice in theory but simply not the case in practice. I am CEO of a California software company and saw this issue up close a few days ago. We are hiring right now. My team and I follow a rigorous hiring process — screen resumes, look for experience fit, interview on the phone, interview in person, discuss the candidate as a team, reference check and then hire. We look for skills, experience and values — will the candidate be a great fit for our open position and our company? Will they be successful working with us? I have been interviewing candidates over the past month and was sent the resume of an individual currently charged in the active New York insider trading case . NY prosecutors have charged six employees of high-tech firms and the expert network service Primary Global Research with leaking and profiting from sharing insider information with hedge funds. The state is proceeding against both high-tech insiders who allegedly leaked confidential information — like Walter Shimoon from Flextronics — and the conduit of the information to the hedge funds like PGR employee James Fleishman . And today the SEC piled on with additional charges of insider trading. My candidate was one of the six accused individuals. He had an excellent experience fit for the position we have open and, because he was a qualified candidate, and I believe everyone is innocent until proven guilty, I explored the next step and consulted with my lawyers at Wilson Sonsini on the risks of bringing him in for interview and potentially hiring him. Bottom line — it’s not practical to hire someone in a customer-facing position who is facing criminal charges. My lawyer’s advice was pragmatic: The individual won’t be available 100 percent of the time to do the job. If you live and work in California, but you are being prosecuted in New York, you are going to have to take time out to travel, stand in court and defend your liberty. That’s going to be more important than any job. They’ll be distracted. Successful sales takes 1,000 percent focus, especially in this economy just emerging from a recession. You can’t afford to be distracted by anything. If the employee fights for their innocence they’ll be fighting for months or years — if they plead guilty and cooperate with the state in order to reduce their sentence or not serve any time then they are a convicted felon. And the toughest reason for a CEO to hear: Your company will be painted with their tainted brush if you put that person in a customer facing position. This is because you would have knowingly hired someone the government has stated is fraudulent — and if a customer has a dispute with your company that fact will hurt your defense. Your company will be presumed to be OK with fraud and on the defensive as a result. If we, as a business community, truly believed each person is innocent until proven guilty, then our customer base would be fine with us hiring someone under indictment, but my lawyers were right to advise me as they did. I checked. Most customers would not want to work with someone under indictment — it would be uncomfortable for them, and my company would be tainted. Most customers (and employees) would doubt and assume there is compelling evidence or the government would not have charged the candidate. I find myself terribly conflicted in the situation. I’m a CEO with a responsibility to my company and my employees, and yet I am a private citizen with faith in the law. I did not proceed with the candidate because I recognize that the law is our culture’s minimum moral standard, not the maximum, and so as a CEO I had to make a gray-area judgment that I did not like. The harsh reality for white-collar workers is that ” doubt is as powerful a bond as uncertainty ,” and in our current business climate, if accused by the State, they are at a practical level guilty until proven innocent.

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Peggy McColl: Is There No End in Your Weekend?

January 19, 2011

Weekends used to be just that, the end of your week. The end of your work for some well-deserved rest and relaxation. As a solo-preneur or entrepreneur it seems so much harder to have established work days and hours. I have the luxury of working from home, but that also blurs the line between work and home. Even if I close the office door and completely turn off my computer I still have the sense that emails, orders, questions and new ideas are just behind the door, waiting for me. The great news is we are connected 24/7 — yea! The challenge is to create the balance that allows you to live a life, not just a career. If we look at the world today and the way it was 20 years ago, even if you had your own business you could still leave your work and be disconnected. On my website I list the hours for phone calls in an attempt to create clear business hours and availability for my clients. I am not a 24/7 shop and I do what I can to remind people there are boundaries for my business. It still surprises me when I get a follow up email on a Monday morning asking me to reply from their original message sent Friday afternoon or even Saturday. Really? One of the strategies Tim Ferris talks about in the 4-Hour Work Week is to let people know when you are working and when you are out of reach. You can create an auto-responder to emails saying you are in the middle of a project and will check email once a day, twice a day, etc. You can also post a status update on your social networking sites that you do not have access to email during a particular day, etc. (Without telling them that you are vacationing in Jamaica and your house is empty for burglars.) A nicely worded Do Not Disturb message will be well received and respected. I love my work but I don’t make it my life. Too often I see people in restaurants who have their phone on the table while they are having dinner with friends and family. As difficult as it is, schedule time together, cherish the connection and the conversation and leave the phone alone. That email can wait, the text is not an emergency and the phone call is better enjoyed when they have your full attention. To all entrepreneurs I say “take back your weekends and evenings!” Schedule time off in your calendar. Make sure you have entire evenings and days without work commitments. Turn your computer completely off and close the office door. You need time to recharge and let your brain relax. The more down time you get to enjoy the more aware you will be about respecting other people’s time. I am waiting to see who will be the first person to develop a 12-step program for internet addiction because I think I need a sponsor. Until that time, I set my own limits, establish boundaries and respond to people in a very timely manner without completely losing myself in my work. Give it a try. You may surprise yourself with how great it feels – without the guilt. If you are reading this in the middle of the week, what will you proactively do to make time for yourself this weekend? What boundaries are in place to make sure there is an end in your weekend? Please share your comments. Peggy McColl is a New York Times best-selling author and an internationally recognized expert in the field of personal and professional development and Internet marketing. As an entrepreneur, business owner, mentor and professional speaker Peggy has been inspiring individuals to pursue their personal and business objectives and achieve ultimate success. She provides effective Internet marketing solutions for entrepreneurs, authors, publishers, professionals, and business owners, who want to establish an online presence, achieve bestseller status, build their brand, grow and/or expand their business online. You can find out more about Peggy at her website, Destinies.com .

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Barry Moltz: Can I Pick Your Brain?

December 23, 2010

What is the most popular question asked in the New Year? As small business owners go into planning mode, it’s “Can I pick your brain?” I love helping people and paying it forward, but this expression really isn’t very visually appealing to me. While we realize that not every business meeting needs to have a form of financial return, there are certain guidelines we need to set in order to effectively give back to the business community, but at the same time accomplish the goals we set for our own companies. Here are six rules to follow if you want to help. but not lose track of your own work: 1. Begin by asking: “Do you need help as a possible paying customer or just some friendly advice?” This sets expectations on both sides. Determine if this a future prospect or a one time free advice call? Schedule it appropriately. 2. Then ask “How specifically can I help you?”. This focuses the call so it does not ramble on for a very long time without you being able to provide the help the person needs. 3. Do it on the phone . Everyone wants to meet for a breakfast or lunch. This takes at least two hours between getting to the appointment and having the meal. We can’t afford this type of time commitment (or weight gain) on an ongoing basis. 4. Set a time that is convenient for you . I typically do these calls while I am driving or waiting at the airport. These are times where I am not looking to accomplish heavy work, but can still focus on helping the person. 5. Set a time limit and keep to it . I tell people that I have 15 minutes and announce it at the beginning of the call. If you haven’t been able to help the person in 15 minutes, then they need to seek a free resource that is available or pay you. 6. Set a limit on follow up by email . Tell them they can follow up by email, but if more than a few emails come, see advice in #5 . While there may be some people you want to invest in on an ongoing basis as their mentor, these are the rules you need to follow for everyone else. Remember, time truly is money, but you can still help others without sacrificing your goals. What rules do you have for people “picking your brain?”

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Unemployment Checks Will Not Arrive Until January For Some

December 21, 2010

Ken Watson said the Ohio Department of Job and Family Services notified him Sunday that on Monday he’d receive the unemployment checks Congress kept from him with its dithering the past two weeks. “I didn’t know what they were gonna do,” said Watson, a 46-year-old laid-off IT contractor with five kids in Batavia, Ohio. “I didn’t really count on it coming back.” More than a million people relying on federally-funded extended unemployment benefits had their checks interrupted after Congress allowed the benefits to lapse at the end of November, according to the National Employment Law Project. The federal benefits, which in some states give 73 weeks of aid to people who exhaust 26 weeks state benefits, were reauthorized last week after President Obama cut a deal with Republicans to attach continued help for the jobless to a reauthorization of tax cuts for the rich. When he signed the bill on Friday, Obama said the unemployed were in luck because “states can move quickly to reinstate their benefits — and we expect that in almost all states, they’ll get them in time for Christmas.” Rich Hobbie, director of the National Association of State Workforce Agencies, told HuffPost that some long-term jobless will not receive missed payments until next year. Most will be paid in the next two weeks. “The bottom line is many states will have payments out by December 25,” Hobbie said. “Some states already have payments out. And there are a minority of states whose benefit payments will spill over into January.” George Wentworth of the National Employment Law Project told HuffPost that the people most likely to be left hanging until January are the folks whose 26 weeks of state benefits expired before they could start the first “tier” of federally-funded Emergency Unemployment Compensation. “The vast majority of states are paying this week and next,” he added. HuffPost readers: Left hanging until next week or longer? Tell us about it — email arthur@huffingtonpost.com . Please include your phone number if you’re willing to do an interview. Watson told HuffPost earlier this month he was “shocked” to discover that his $300 weekly lifeline, which he’d expected to last until January, prematurely stopped on Dec. 4. He said his wife was still working part-time and that his family’s Christmas wouldn’t be spoiled by the unemployment cutoff, but he worried his youngest might not understand. “My two younger kids I really have to worry about because they believe in Santa Claus,” he said. He praised the Ohio Department of Job and Family Services for a smooth handling of the lapse in federal benefits. He did not praise the U.S. Congress, calling it “dirty politics” to leave the unemployed hanging to win tax cuts for the rich. “That was crazy,” he said. “That was totally uncalled for.”

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eBay User Turns Tables On Scammer With Great Trick, Serves Up Justice

December 16, 2010

Gizmodo flags this excellent and hilarious post on Reddit in which user BadgerMatt tells how he turned the tables on a woman who bought sports tickets from him on eBay for $600 and then refused to pay, claiming that she “overbid and my husband won’t let me buy these.” BadgerMatt was then unable to sell the tickets to people who had made lower bids, so he used a technique called the ” glim-dropper ” to trick the woman into paying what she owed. I created a new eBay account, “Payback” we’ll call it, and sent her a message: “Hi there, I noticed you won an auction for 4 [sporting event] tickets. I meant to bid on these but couldn’t get to a computer. I wanted to take my son and dad and would be willing to give you $1,000 for the tickets. I imagine that you’ve already made plans to attend, but I figured it was worth a shot.” At 11:30pm she responded to Payback: “I’ll do it for $1,100, no less. I can meet you at the game if you agree. I need your phone number.” At 11:35pm, Payback wrote: “Deal. Here is my number…” (Thanks Google Voice for the throwaway number). She called a few minutes later and made Payback “promise” to go through with the deal. She emphasized that she’d be out a lot of money if Payback backed out. Payback swore he would never do such a thing. At 11:45pm, the woman emailed me: “Fine. I’ll buy them. But you have to drop them off at my house tonight. I’ll have the cash ready.” So at fucking midnight I drove to her house across town and met her on the road in front of her apartment building. She was a nasty and rude individual. Things didn’t get any better when I told her I wanted an extra $20 for the trouble of driving there at midnight (yeah, pushing my luck, I know). It became very awkward and she literally threw 31 $20 bills at me. I counted them before handing over the tickets. I said, “thanks for the great transaction” as she flipped me off while walking away. At 10:00am she called Payback to make sure they were still on for the exchange. Payback said that he could no longer go to the game and wouldn’t be able to do the exchange. She blew her fucking top and I swear to god started speaking in tongues. Payback said, “Ma’am, this is eBay, not a car dealership” and hung up. I got a rabid email 10 minutes later telling me that I was going to hell and that she’s reported me to the local police, FBI, and… the fire department. WTF? She knew she’d been had and sent him an unhinged and profanity-laden email threatening him. He reprints the email in his Reddit post. It is well-worth reading. BadgerMatt wonders if he did the right thing. We think justice was served. What do you think?

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Startup Orbitix Transforms Smartphones Into Remote Controls

December 7, 2010

Controlling a small ball with a smartphone is just the tip of the iceberg for entrepreneur Ian Bernstein. The 27-year-old’s Boulder, Colorado-based startup, Orbotix , has developed a robotic ball named Sphero that can be rolled around using a smartphone, in much the same manner as remote-controlled cars. “One night I was just playing with my phone and realized that you can text and download all these cool apps and check your email but why can’t you control physical devices around you?” said Bernstein, who has also used the technology to open garage doors and unlock cars. “I thought, I can make this happen and make it easier for other people to do this as well.” Bernstein, who said he’s built robots since age 12, came up with the initial idea to move physical objects with a smartphone and sought help from his co-founder and chief software architect, Adam Wilson, to figure out how to do it. Over the summer, the pair graduated from Boulder’s startup incubator program TechStars, which also invested $12,000 in the venture for a 6-percent equity stake. Orbotix has since completed an undisclosed Series A funding round, led by Boulder-based venture capital firm Foundry Group. Targeting gamers, Orbotix hopes to launch a new sumo-wrestling game using Sphero next month at the annual Consumer Electronics Show (CES) in Las Vegas, barring any technical hurdles. He said Orbotix hopes to start selling the ball sometime next year for under $100. “We make money from both the physical sale of the balls, but we also make money on the application sales,” Bernstein said, adding that another possible revenue stream would be from mobile-app companies that build on top of their technology. “They can make revenue from those apps and we can take a small percentage.” Another potential use for the technology would be to help physically-challenged people control objects around them more easily, said Bernstein. He added it might be a preferable alternative to carrying a “pocket full of keys or a pile of remotes.” “We make it very easy for companies to integrate this technology and make their devices mobile-device controlled,” Bernstein said, who is working on additional Sphero games such as golf and a “cat app” that would allow users to play with their pets. “Right now we’re just focusing on entertainment devices.” THE PITCH Orbotix chief executive Paul Berberian said 70 percent of apps for the Android and iPhone mobile devices are entertainment or game-related. He added that “hot” consumer electronic devices can sell in the millions of units in the U.S. and internationally. Asia could also be a very strong market for Orbotix because of the huge interest in robotics, he said. Berberian acknowledges that there are challenges up ahead. “Trying to be in market in 2011 is actually pretty aggressive for a consumer electronics device,” Berberian said, noting the seven-employee company won’t make any money this year and joked that by the end of 2011 revenues “will be something greater than zero and probably less than $20 million.” Berberian said the company must conduct a big marketing push to get the device into major retailers and online stores. Despite the challenges, he remains optimistic. “We’re changing the way people interact with the real world.” Watch founder Ian Bernstein demonstrate Orbitix’s new tool: Copyright 2010 Thomson Reuters. Click for Restrictions .

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Marian Salzman: Net Gain

December 1, 2010

This is the third in a series of 12 posts expounding on the 2011 forecasts in the annual trends report from Salzman, president of Euro RSCG Worldwide PR and an internationally respected trendspotter. There’s a loss-of-faith crisis, and it’s as movement-ready as the one that led Jerry Rubin to pen the Yippie manifesto in 1968. That was the genesis of the famous “Don’t trust anyone over 30″ message that went viral in the election that ushered in President Richard Nixon (aka Tricky Dick). Today, our trust deficit feels just as hairy. In the United States, people say they don’t trust politicians, institutions, the media, the schools or the direction of the country. In ceremonial Japan, which has one of the world’s fastest-growing divorce rates, divorcing couples gather for a ritual smash (with a hammer) of their wedding rings, while toasting to never seeing each other again. Even trust by institutions is lacking: Trust icon Standard & Poor’s assigned the U.K. and its skinny austerity budget just a one-in-three chance of working this summer. To compensate for this trust shutout, citizens of the world (who haven’t lost trust in self-reliance or technology) are increasingly looking to their networks. They’re building on the cascades of bonds that connectivity promises to keep flowing. They’ve already learned to trust in e-commerce for what it offers (timeliness, convenience, price), as demonstrated by the ongoing popularity of eBay, Amazon and even the “crazy business idea” that was FreshDirect’s appeal to shoppers for urban groceries. (The strategy extended to FreshDirect’s developing an iPhone app–in New York, some 66 percent of its users have smart phones–for mobile ordering .) Now, increasingly, global citizens are turning to the Internet to find the people they want in their lives. It’s a needs shift from consumption to communication with other real beings, and it’s proving that online, thanks to the Network Effect, there’s a virtually unlimited supply not only of stuff but also of the people you need in your life. Spin this web from macro to micro. Web-in-use numbers are staggering and on the rise; there are almost 2 billion Internet users worldwide (239 million in the U.S.), 51 million in the U.K., 45 million in France, 81 million in India and a whopping 420 million in China (which is adding 600,000 broadband users per month). But of the top four places where Internet users are spending their time–Google, Yahoo, Microsoft and Facebook, respectively–it’s Facebook that wins the lion’s share, at more than seven hours per month. That exceeds the time people are spending on the other three combined. But it’s not distraction that people are seeking in their online match-ups; it’s real human connections. Can it be any accident that one of the hottest dance songs in Europe this month (by Duck Sauce ) has just one lyric–”Barbra Streisand”–in homage to the chanteuse who brought us “People Who Need People” back in 1964? We can’t forget to thank social media for nurturing the where-to-find-your-new-BFF quests. Twitter has held the dialogue to 140 characters or less, but players on this field of dreams have us communicating on non-space-restrained sites, from LinkedIn (“Relationships Matter”) and Google’s networking platform Orkut to Foursquare (microcosm’d to the level of finding others in your city) and Chinese IM site QQ, French school-reunion site Copains d’avant, and Gowalla, which lets you “stamp your passport” on your phone. On all these new force fields–not to mention Match.com, eHarmony or Chemistry.com–are scads of humans wishing and hoping and dreaming of meeting their fellow enthusiasts, sufferers, travelers, worshipers or partners, and using their networks to make that entirely real. That plugging-in now affords us unlimited possible partners for everything from hobbies to work to networking to marrying–or just finding people to hang out with–and might manifest the single biggest social change we’ve experienced since the Summer of Love. Really what’s at work is a lot more than the old saw that loneliness is the most entrenched of human emotions. Keyboards and mobile devices have become touch extensions for many Americans, a phenomenon that might have helped Thumb Man , a Facebook public figure ( “the bloke that looks like a thumb” ), amass more than 12,000 “likes” between March and April last year. Given that the interactivity value is no longer just human-to-product but human-to-human, I predict that one new and huge ideal applied to time spent online will be reciprocity (which goes hand in hand with people calculating just how precisely they’re expressing their values to their networks). This should all come as no surprise to brands that found out with YouTube that group amusements would reliably generate a following , at least for a short while–as Mentos saw in 2006 when its YouTube video of a mint exploding in a glass of Diet Coke upsurged its fan base on Facebook (temporarily). Next year, the do-as-your-friends-do phenomenon will find people abandoning false personas on social media and moving into a calculated but real projection of their values–people showing each other online what they’re really about. What they’ll share with others–whether a passion for guitar picking or the game of Go , recovery from addiction or an addiction to dog training –will show that you are your networks and your networks are you. The more niche the passion, the more social the match experience will be. As time goes by, expect these rich connections to increase an ambient awareness about the environment of networks, where it feels good to be (virtually) and to be connected (actually). And expect innovative individuals to increase their net worth as they use their own power of influence to generate revenue–their personal CPMs, a phenomenon I have been predicting and waiting for for nearly three years–by recognizing the power of their social cachet, then leveraging it and charging for access to it. Previously: “Mad as Hell–and Only Getting Madder” “Talk to the Hands” Tomorrow: “Public Mycasting System”

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Madoff Victims’ Trustee Files Dozens Of Lawsuits

November 28, 2010

NEW YORK — Relatives of both Bernard Madoff and his wife are among those being targeted in 40 lawsuits announced Friday by the trustee endeavoring to recover money for victims fleeced by the disgraced financier. Twenty-two of the lawsuits were filed against relatives of Madoff and his wife, trustee Irving H. Picard said in a news release. Eighteen lawsuits were filed against former employees of Bernard L. Madoff Investment Securities LLC, he said. An attorney for Ruth Madoff didn’t immediately respond to an e-mailed request for comment Friday night. Picard said his firm is seeking about $69 million in funds deposited by the company’s customers and stolen in the 72-year-old’s vast Ponzi scheme. Picard said the lawsuits were filed as part of an effort to recover funds from relatives and employees “who were closest to the center of the fraud and who were, in many cases, among those who benefited most from the Ponzi scheme.” Among the complaints, Madoff’s sister, Sondra M. Weiner, is accused of having “profited for decades” from the scheme, Picard said. A woman who answered the phone at Boynton Beach, Fla., listing for Weiner hung up without commenting late Friday. Picard said the lawsuits were filed after discussions with the defendants and their attorneys collapsed. Other complaints were previously filed against relatives of Madoff and senior BLMIS employees. The fresh batch of lawsuits comes three days after Picard announced a lawsuit against Swiss bank UBS AG, alleging it funneled clients to Madoff and then “looked the other way.” The bank called the allegation “completely unfounded.” Madoff is serving a 150-year sentence in federal prison in North Carolina after confessing to the nearly two-decade scheme that ensnared thousands of victims, including charities, celebrities and institutional investors. An estimated $20 billion was lost, making it the biggest investment fraud in U.S. history.

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Edward Muzio: Your Reorganization: Better Left Undone?

November 19, 2010

Reorganization is the drug of choice in many workplaces, and it isn’t hard to see why. Take an organization of people, put someone in a leadership position, and introduce a confusing, far-reaching, ill-defined problem. The leader, feeling the need to live up to his or her title, quickly realizes that the problem is bigger than any one person. If the problem arose in the current state of things, a new future state is needed to solve it. After all, it was Albert Einstein who said that “we cannot solve our problems with the same thinking we used when we created them.” How can you argue with Einstein? And so, the pressure to involve the group, to improve the system, and just to do something leader-like combine, naturally drawing the well-meaning leader to take action on the system. Let’s look to the organizational chart! We will see how things look, and where we can make improvements. To make the lure of the drug even stronger, a line of impressively-credentialed internal and external consultants is standing by to help. Any of them is happy to offer expert insight into possible changes. Whether or not their help is used, their existence lends credibility to the strategy. Credible it is! It’s logical, it feels natural, and it’s much more comfortable than sitting around doing nothing. But there is a terrible, fatal flaw with “the reorg” hiding in plain sight: The org chart has nothing to do with reality. Making changes to a human system based upon an org chart is like planning a drive through Los Angeles by consulting a map of Paris, drawn on a cocktail napkin, by a fifth grader. Consider its history. The org chart is a leftover from long before today’s information age. The first one is believed to have been drawn in the mid 1850s by a railroad superintendent named Daniel McCallum to optimize track construction over long distances. Back then, the organization was top-down and hierarchical. Each worker was a point in the process, and higher-level individuals had broader views of the systems than their subordinates within them. Today’s information age workplace is completely different; Therein lies the problem. Consider the following picture: an org chart on the left, today’s reality on the right. Both images display an overall manager with three supervisors, managing three subordinates each. But the “org chart” completely misses all of the other communication links within the organization and outside of it, which together comprise the majority of information movement. There’s a parallel here. Those of sufficient age may recall the popularity of the “telephone tree,” a prior generation’s tool for information transfer to parents of schoolchildren. Each parent was assigned a position in the tree. When a piece of information — such as a snow-day cancellation — needed to be quickly disseminated to everyone, you would receive a call from your “superior” in the tree, and then you would call your “subordinates” with the update. Each person would make only a few calls, and the information would cascade quickly down the hierarchy. If this doesn’t sound familiar to you, it’s because some years ago e-mail killed the telephone tree. With e-mail, any group member can disseminate information instantly, to some or all of the others, with the click of a button. One parent schedules a pizza party for everyone; another asks half the group for help with fundraising; Four individuals living in the same neighborhood collaborate to arrange a carpool. This new method of communication was adopted rapidly, because it was easier. It rendered the phone-tree obsolete. Perhaps a few schools keep the phone-tree around today. But if you were to attempt to understand a group of parents by studying the phone tree, you would be missing most of the story. That is precisely what an org-chart-based reorganization does. Reorganizers study an obsolete, inaccurate, non-representative, infrequently-used map of a system, and then implement a set of changes to that system based upon the conclusions drawn from the faulty map. In other words, they review the left half of the figure above, and use it to make changes to the right half. Then, in what is perhaps the most insidious step of all, they redraw the inaccurate map — the new org chart — based upon the expected results of the changes, rather than upon the reality of the new situation. To really understand this, consider a situation in which two individuals are removed from the organization. As you can see below, the org chart fails completely in its purpose of adequately representing the real impact to the crystalline network of this change. And yet, the “new org chart” in this scenario will be drawn exactly as it is shown on the left, with the removal of two “boxes.” It will be used going forward as the basis for understanding the system, regardless of what happens in real life. What happens in real life is decidedly different! Person two and person four, for example, are both members of Person one’s staff. Previously, they had little direct contact, and no direct link. But somehow, Person 10 had become a de facto interface between the heads of two departments. When Person 10 departs, this link will be one of more than fifteen broken links in the figure. The looming chaos is completely hidden by the false sense of order implied by the org chart. Most of us have who have been a part of an organizational change have experienced this phenomenon. A seemingly insignificant person retires, for example, and the resultant confusion takes months to sort itself out. Conversely, a manager with an important title changes jobs, and nobody seems to notice. The lesson is clear: No matter how long and hard the org chart is studied, changes to it produce shock waves and impacts that differ wildly from predictions. This is not at all surprising when you realize that the predictions were based upon a faulty map. And yet, for some reason, we keep repeating the same behavior. Sure, an org chart may be useful for defining reporting relationships, assigning responsibility for the completion of annual performance reviews, and for articulating the path of flow for top-down informational bulletins that require live delivery from management. But the next time you’re planning on making wholesale, system wide changes based upon your org chart, I strongly suggest that you stop, think again, and find a different solution to your problem. LA is a big city, and that fifth grader’s map of Paris isn’t going to keep you from getting lost.

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Brett Greene: How Social Media Influences Customer Service

November 15, 2010

Before you read the full story, I want to start with the fact that Vonage gave me great customer service, but getting there was an unnecessary adventure. Back in August of 2009 I signed up for a Vonage phone line when AT&T dumped their VoIP service in Colorado. I was happy with AT&T Callvantage for years and had actually left Vonage for AT&T years ago because of frustration with Vonage’s service issues and dealing with their call centers in India, which have since moved back to the United States. In February of 2010 I realized that I was using the phone on rare occasions. Using the combination of my iPhone , Skype and Bria was a good one for my personal and business needs. When I called to cancel Vonage I was reminded of their exorbitant early termination fee . (I consider this common telecom company extortion. Can you name one other service you have to pay to stop using? But we’ll save that for another post.) It was cheaper to finish out the contract at $10 (plus $6 in taxes and fees) each month for 100 hours of local service, which I knew I wouldn’t use, rather than pay the early termination fee. So I agreed to that change. On August 30, 2010 I called and finally canceled the service, or thought I had. A few days ago I noticed that I had been charged $16 in September and again in October. I called Vonage yet again to correct the mistake. For an hour I explained the situation to their representative and then to his supervisor, who said they did not have the power to issue a refund for the $32. Their notes showed that I had accepted a free month of service in exchange for continuing the service, which is not an agreement I had made, though the representative kept trying to push me into accepting it. They were robots following their scripts with a mandate to not let a customer leave easily. During conversations with both of them I did something I have never done in these situations before: I mentioned that I have over 30,000 Twitter followers with whom I would be sharing my experience. They didn’t seem to care. After they acknowledged that my account notes demonstrated I had dropped to the lowest plan in February, they claimed the only way they could help me was to cancel my service and possibly issue a refund later. According to the supervisor I spoke with, any refund issued would still require them to review the August 30th recorded phone call to confirm that I had not accepted a free month of service (which, incidentally, they had charged me for anyway). I asked the supervisor why anyone who was forced to pay for a service for 6 months that they wanted to cancel would agree to staying on for a free month. Any thinking person can understand how illogical that argument is. Ideally, a good customer service rep would acknowledge the mistake and rectify the situation in a way that the customer leaves feeling good about the company. This would result in the spreading of positive stories about their experiences with the company. Instead, the people I dealt with repeated in a mechanical way that they understood my problem, but that they couldn’t solve it. What a difference 17 hours and 30,000 Twitter followers makes! I posted a note on Twitter about this at 5pm Thursday night. By 9:30 am @Vonage responded to me by asking me how they could help and then brought @Vonage_Voice into the online conversation. A virtual Twitterstorm ensued in front of about 35,000 people following me and @Vonage. The Vonage social media customer service person was helpful and tried to get me offline as quickly as possible to talk with someone on their executive response team. Undoubtably, this was mostly done to make me happy enough to stop telling people online about my bad experience with Vonage. My refund was magically issued about 2 hours later, without anyone reviewing my August 30th phone call. So why couldn’t the representative or the supervisor I wasted an hour on the phone with offer me the same solution? I’m sharing this story in hopes that Vonage and other companies will address their ineffective customer service systems so that customers don’t need to resort to calling them out publicly in order to be treated fairly and receive a resolution for their account issues. Having an executive response team is smart. Not giving lower level employees the freedom to fix an inexpensive mistake is short-sighted. In hindsight, how much revenue will Vonage lose on the negative public relations this easily solvable situation generated? Vonage’s competitors and tens of thousands of potential customers can now discover and review customer to corporate communications on the social web that are now indexed and archived online forever in the Library of Congress. How much money was wasted by having four employees use up two hours of company time responding to my case? Definitely more than the $32 a representative could have refunded to me after a 10-minute conversation. This isn’t a Vonage issue as much as an issue with doing business the old way versus the social business way . We’ve all had similar experiences and wasted dozens of hours with companies that continue to use antiquated customer service systems. All they have to do to make the systems better is to treat customers like people instead of dollars. Companies should stop forcing customer service representatives to behave like robots, for fear of upsetting their supervisors when the best resolution is to give the customers what they want — even if that means to cancel service. If Vonage had done that I would have been posting on Twitter, Facebook and blogs about how this is one company that “gets it” instead of the dissatisfaction you’re reading now. Hopefully, as more companies realize that we live in a social ecosystem where people have voices that are heard by other customers, their customer service practices will change. Companies who embrace the social web enjoy customer loyalty from people who will promote them and give feedback on how to make their products and services more valuable. This engagement can only boost the companies’ bottom line if they pay attention and make strategic changes based on the feedback they are receiving. Operating a business with the customer in mind is more beneficial and cost effective on multiple levels. Maintaining hierarchical systems where both employees and customers are marginalized is both disempowering and costly. We live in a new era of collaboration between companies and the customers whose loyalties they seek. It’s better to build a large following of raving fans than to burn customer bridges over $32. Please share your own stories of inadequate customer service in the comment section to help corporate America understand what’s broken in their systems so they can understand how to prevent future damage.

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Grant Cardone: Automotive Sales Trainer Shows Tricks to Buying a Car Quick and Easy

November 9, 2010

Below is a step-by-step plan of how to get a great deal on your next car without going through a long, drawn-out and painful process. Because of the internet, manufacturers’ influence, and competition, much of the older advice on how to buy a car written in books, articles and seen on TV is now outdated and actually makes buying your next vehicle more painful than necessary. And I should know because I have been providing automotive sales training to auto dealers for 25 years and know all the secrets. With so many sources of information available from dealerships’ inventory postings, manufacturers’ sites, Kelly Blue Book, Edmund’s, Auto Trader, Autobytel, and more, it is clear that information is not in shortage. All this information without a simple buying plan is just information overload, adding unwanted time and confusion. The goal when buying a car should be to know you got a good deal without spending three weeks in research, shopping at six dealerships and spending countless hours in painful negotiations. These six steps will guarantee you get what you want without wasting time: 1) Approach the dealer as a buyer. Your best offense when buying a car, contrary to popular belief, is to identify yourself as a buyer, not a shopper. Don’t be defensive; present yourself as wide open and easy. This will actually make the dealer easier to deal with. The customer that approaches a car dealer in a defensive and pushy way tends to cause the dealer to respond the same way. 2) Price is not your greatest concern. Let the sales person know that the most important thing to you is not price but knowing that you are on the right car. This will be music to the sales person’s ears and will make them butter in your hands. Communicate that you are confident than once the vehicle is perfect, the dealership and you can come to agreeable terms. This is going to make the sales process quicker by reducing confrontation and, later, making getting your best terms even easier. 3) Make sure you are on the right vehicle. The single biggest mistake a buyer can make is buying the wrong product. Putting price in front of selection is an outdated buying tactic. If the product is not right, the terms can never be good enough! The best way to determine the right unit is not online or on the phone but at the dealership. A trick to make sure you are on the right vehicle is to look at the vehicles just above and just below what you think you want. Any interest on either of the other two product choices means you are not yet on the perfect product for you. 4) Test drive the vehicle. Dealerships love you driving their products. This makes the dealership feel like they have done their job and provides them with more confidence in giving you their best price. Taking time to demonstrate the vehicle will save you time later and give both parties more confidence when negotiating. 5) Ask for a computer-generated proposal. Ask the dealership if they could please present their offer to you electronically rather than by hand. Because of technological advances, the most progressive, customer-satisfaction-driven auto dealers today utilize software technology to provide the buyer with computer-generated proposals. The proposal should include price, trade figures, purchase and lease payment, down payments and interest rates all at one time. Ask your dealer, “Do you use EPencil or electronic proposals?” Computer-generated proposals avoid wasted time in the negotiations and unnecessary figuring by management. An electronically generated proposal can produce nine purchase payments and nine lease payments in less time than it takes to fill out a credit app. This also reduces chances of mistakes and wasting time going back and forth. Computer-generated worksheets guarantee a full disclosure, complete transparency, and a quick and easy negotiation process that is non-confrontational. Car dealers know that time is important to the 21st-century buyer and that extending the negotiations only negatively affects the buying experience and ownership. 6) How to determine a fair price? Just so you know, franchised automotive dealers in the U.S. operate on about the same net margins as a grocery store: about 2 percent net margin (after all expenses). Most car transactions generate more money to state and local taxes than profits for the dealer. For instance, the taxes in California are 8.75 percent, so if the dealer has a mark-up of 6 percent on a $20,000 car, they will have a gross profit (before any expenses) of $1,200 while the state will collect almost $1,800. Keep in mind that the State of California isn’t even in the car business, doesn’t wash the car, service it, or inventory the products; it only promises you schools, roads and hospitals for the taxes they collected. If it were not for dealerships’ service departments and pre-owned cars, the car dealer wouldn’t be able to even stay in business to sell new cars. Can you find another dealer 50 miles away to sell for a couple hundred dollars less? Probably, but your local car dealer, with whom you will be servicing your car, is a human being, too. Remind him when you need something that you came in, didn’t create a problem, weren’t hard to deal with and made the whole process painless for everyone. Most auto dealers are not interested in taking advantage of you and are highly interested in making you happy. It is outdated thinking that a buyer has to shop five locations to get a good deal. So the next time you are ready to roll in something shiny and new, just follow my steps: let your dealer know you are there to buy, be sure you are on the right car, ask that they present their proposal electronically and tell them you know automotive sales training guru Grant Cardone. Follow this advice and you will have a great car-buying experience, avoid wasting valuable time and know you received a great deal. Grant Cardone is Automotive Sales Training Expert and New York Times bestselling author.

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Denied BP Oil Spill Claims Rising Sharply

November 1, 2010

OCEAN SPRINGS, Miss. — Denied claims for Gulf of Mexico oil spill victims are rising dramatically because of a flood of new filings coming in without proper documentation or with no proof at all, the head of the $20 billion BP fund said Monday. Some 20,000 people have been told they have no right to emergency compensation, compared to about 125 denials at the end of September. This is in addition to many others who say they are getting mere fractions of what they’ve lost, while others are receiving large checks and full payments. In an interview with The Associated Press, claims administrator Kenneth Feinberg denied allegations the process is beset by chaos. He said the claims facility has sent about 30 potentially fraudulent claims to the Justice Department for investigation, and hundreds more are under review. “I disagree about disarray,” Feinberg said. “There are discrepancies in claims based on documentation and your ability to demonstrate a connection to the spill and your damage.” He said that since Oct. 1, the fund has received thousands of new claims for emergency six-month payments, bringing the total to about 315,000, in an apparent rush to meet a Nov. 23 deadline. After that, residents can only file a claim for a final payment, which would be granted only if they sign away their right to sue BP. Thousands are suffering from a summer of lost revenue after BP PLC’s April 20 well blowout off the Louisiana coast spewed more than 170 million gallons of oil into the sea. Fishermen who weren’t working for BP’s cleanup sat idle at the docks with no seafood to sell, while beachside restaurants found themselves with few patrons, and hotels were nearly empty during a time when many depend on high-season revenue to carry them through the slow winter months. The well was permanently capped on Sept. 19. “A true emergency claim one would have expected would have come in shortly after Aug. 23,” Feinberg said, referring to the date he took over the process from BP. “But two-thirds of the claims have come in since Oct. 1, and (many of) those claims are undocumented.” He speculated that some who don’t deserve a payment sense a gold rush and are inundating the facility with illegitimate requests. The Justice Department last week announced the first criminal charges filed in an oil-spill related case against a Fayetteville, N.C., woman who pretended to be employed by a New Orleans oyster company, according to a federal complaint. Charlotte Johnson is charged with wire fraud and faces up to 20 years in prison after authorities say she sought $15,500 in fictional lost wages. A telephone message left for her federal public defender wasn’t immediately returned. A man who answered the phone at Johnson’s home said she is in federal custody on the charges. He declined further comment. About 92,000 claimants have been paid or approved for payment as of Oct. 30, amounting to roughly $1.7 billion. The claims facility declined to reveal the total amount requested by the nearly 315,000 people who have now filed. For Gulf coast residents with apparently legitimate claims, the process can be maddening. “Why can’t they just explain why they denied me?” said Sheryl Lindsay, an Orange Beach, Ala. wedding planner whose business has plummeted. “Why are they so secretive?” Lindsay sought about $240,000 for lost revenue because of beach wedding cancellations and received a check for just $7,700. She was told, like so many others, she could request additional money in her claim for a final payment, a check that likely won’t arrive for months. “I have three weddings booked for next year. That’s it. Normally, by this time, I would have 50 on the books,” Lindsay said. “I’m at my breaking point. I don’t know what else to do except file bankruptcy.” President Barack Obama tapped Feinberg to oversee the BP claims fund, which the oil giant created under government pressure to ensure that it paid those hurt by the spill. Feinberg is paid by BP, but says he is operating the fund independently. He has declined to say how much he is getting for his services.

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Beth Weissenberger: Owning Your Negative Traits

October 30, 2010

What is wrong with corporate culture today? There’s a lot of niceness and fakeness going on, and people are scared to death to say anything. If you walk into any company and look around, everyone wants to focus on their strengths, not their weaknesses, and this can be very limiting for a team and a company as a whole. I have never been to an office small or large where the culture in the office isn’t deeply affected by personalities. One of the first things we do at the Handel Group when we begin coaching an executive is to help dismantle this aspect of corporate culture and work on discovering what the individual’s negative traits are. We look at personality, habits, and behaviors and determine what doesn’t work in the corporate environment and diminishes his or her ability to lead and get the best out of employees. (These same traits are very often similar to what doesn’t work in their personal lives, but here we will stick to business — mostly.) A few examples of negative traits may be micromanaging employees who don’t need it; not trusting people; being harsh, impatient, not taking the time to acknowledge and appreciate people; being late to meetings. When working with a company, I love to get the most senior person to own their own crap first — it can shift the entire energy in the office and produce positive results both in company morale and in profitability. We continually see when a boss acknowledges that it’s OK to have bad traits and tell the truth about them, it profoundly alters the culture in the company for the better. How to Acknowledge Negative Traits to Be a Better Leader Before you start getting frustrated or feeling bad about yourself, remember that everyone has negative traits, even the most successful people. But you can’t fix what you don’t know — or acknowledge — to be a problem. You’ll see many benefits, both personal and professional, to doing this kind of work. Five Steps to Owning Your Bad Traits and Taking Them Down 1) Find Out Your Negative Traits Reach out to people you both trust and feel comfortable with, and explain to them that you genuinely want to hear about your less-than-positive traits because you are sincere about changing your behavior. These could be siblings, friends, colleagues, even your kids — anyone who you know will tell you the truth. Another way to do this is to make a list of situations that didn’t work out the way you wanted or that made you unhappy, and figure out your role in it. Did your lack of trust sour a work relationship? Have you had to apologize to employees because of your bad temper? The third way — and something we do with clients — is to ask you to list all your parents’ traits, positive and negative. Before you roll your eyes and decide that this isn’t for you, let me make it clear that we aren’t getting into therapy here (though it may end up being a therapeutic process), but we believe that understanding all the people in your life, all your life’s big events, directly opens a window to understanding the themes in your life. Your personality is made up of everything you ever experienced — everything you ever heard, witnessed, learned, mimicked, etc. To understand your personality, you have to know what you are reacting to, believing in, and reliving. The mission is to uncover unresolved themes — and resolve them. Here’s how it might work: You look back and realize that your mother was a control freak, and how that plays out for you at work is that you micromanage people. Maybe your father withheld praise, and you never think to congratulate employees on small victories. 2) Write Up Your Version of the Trait Once you’ve identified all your bad traits, choose one and write up your version of it. Don’t be easy on yourself. Tell the truth, and be blunt. How does it look to others when you’re doing it? Own the trait. It’s how you will ultimately take it down and change. 3) How Does the Trait Affect You and the People Around You? Look at how the trait affects you and the people in your life — watch and see how it affects others. How do you feel after doing it? Are you left feeling proud of yourself? Does it upset your spouse or your children? It’s important to understand the impact that the bad trait has on you and your life. 4) Watch the Trait and Keep a Log of It Spend a week and keep a log on your phone of whenever you do the trait. How did you do it? Document every place you see it. Don’t try and change it, just become present to it. 5) Get the Trait on a Leash A bad trait doesn’t disappear right away — it’s a bad habit. It’s probably been in your lineage for generations. You need to get it “on a leash” to evolve it and change it forever. Changing a bad trait is easiest when you use a system of consequences. System of Consequences There are a few methods we use at the Handel Group, and one of the simplest but most effective is the use of promises and consequences. This starts the process of making you aware of your trait. Having the people in your life participate helps you identify and modify the behavior that’s not working, and also lets the people who are most affected know you are sincere about changing and are inviting their help. For instance, my big thing was that I could get really mean with people — I could be sarcastic and say really debilitating things to them. I was committed to changing that trait. I promised that if I was mean to anyone, I had 15 minutes to realize it and then go back to the person and apologize. If I didn’t catch myself or if someone else caught me, and if it took me longer than 15 minutes to figure it out or if I didn’t want to apologize, I paid the consequence, which was throwing $10 on the street. (Yes, I literally threw money on the street. It made me nuts to do that, but the whole point of the consequence is that it has to be incredibly annoying. Giving money to a good cause isn’t annoying!) After two months of catching myself and apologizing, and $100 to the street in increments of 10, I started to notice that I didn’t get mean anymore. I started to let people know in a respectful way that something they did just didn’t work for me, and we resolved it. At first, most people don’t want to acknowledge their negative traits, but by the time the process of discovery and change is complete, an amazing feeling of freedom enters the workplace. The entire environment shifts, allowing for creativity, productivity, and effective teamwork. So I dare you, tell on yourself to your team. Tell them that you know you can be harsh, or that you are late to meetings, that you can get impatient and bite people’s heads off, or whatever your trait is — then tell them that you are taking on the task of ending these traits. You can even ask your team whether there are any other traits that they would like you to take on this year. Then set up your consequences, let them in on the game, and have fun with it. You’ll be amazed at what happens.

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Sen. Sheldon Whitehouse: Why We Need a Foreclosure Moratorium

October 29, 2010

Following an all-too-brief period of public scrutiny, Bank of America announced last week that it’s back to business as usual, resuming 102,000 foreclosures in 23 states. Like several of the other large mortgage servicers, the bank had voluntarily frozen foreclosures earlier this month in light of revelations that its agents had not followed proper procedures in foreclosing on homeowners. With voluntary efforts to stem the foreclosure crisis falling short time and again, we now should consider a national moratorium. I have heard from constituents being ignored and abused in the foreclosure process: documents repeatedly lost, inconsistent advice, hours trapped on the phone, and common sense turned on its head to reject fair modifications in favor of foreclosure. I have heard from mayors about the terrible collateral cost to communities from foreclosure. I have watched the big loan servicers drag their feet in the Obama Administration’s well-intentioned mortgage modification program. And most recently, we have all learned that these companies have been playing fast and loose in their foreclosure process, carrying out foreclosures in the cheapest manner possible, often outsourcing the process to a “foreclosure mill” document processing company. Trapped in administrative purgatory, real families suffer when the big banks and their servicers force foreclosures. Children pack up their rooms; parents struggle to find a temporary roof. We owe these families a fair chance to stay in their homes, and a humane, logical and orderly foreclosure process if all else fails. The system is simply not working logically when it cannot answer the question, “why is the bank throwing me out of my house, to sell it to someone else who’ll pay LESS than I’m willing and able to pay right now?” Slicing and dicing these mortgages into securities, and selling them to the four winds, has fractured the marketplace and introduced shards of perverse incentive. Misaligned fee structures have led loan servicers to reject mortgage modifications that would benefit both the homeowner and the mortgage holders. When a homeowner is “underwater” and willing and able to make payments on a rewritten mortgage with reduced principal, why would the loan servicer decline, and throw the home into a foreclosure that ravages its value? Present practices are injurious not only to the homeowner, but often to the owners and investors in the mortgage. Much of the commentary against a foreclosure moratorium presupposes a false premise: that it’s this broken, illogical foreclosure system or nothing. Whether through foreclosure counselors, mandatory mediation, state courts, or bankruptcy proceedings, there are innumerable ways to do it better — more logically, more humanely, with less collateral damage. What’s hard to imagine is how we could do it worse. A national foreclosure moratorium will force loan servicers to look at the broader economic realities of foreclosure. Far from “delaying the inevitable” as some commentators have suggested, a national moratorium on foreclosures would force loan servicers to reevaluate their practices, and clean up the bureaucratic nightmare they now run. The foreclosure crisis was worsened by the big banks blocking our attempts in Congress to permit bankruptcy courts to “mark to market” mortgage principal on primary residences — the way they do for loans on vacation homes, cars, and boats. We in Congress should revive this bankruptcy legislation, and other proposals to help homeowners, such as mandatory pre-foreclosure mediation. The mortgage companies did it their way for the last three years, and created nightmare, agony and frustration. Now it’s time to scrap their failed approach and chart a more reasonable path forward for our housing market and its struggling homeowners.

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Jamie Court: President Should Stop BP Administrator Feinberg From Helping The Chamber Of Commerce

October 26, 2010

You’re the President of the United States on the verge of a historic election. So you’re going to let one of your most important appointees give credibility to your biggest opponent and the BP spill victims’ greatest enemy, the Chamber of Commerce? BP Fund Administrator Kenneth Feinberg is scheduled for the keynote address at the Chamber of Commerce’s Institute for Legal Reform Wednesday. This is the oil-backed arm of the Chamber that wants to take away the legal rights of spill victims, and the rest of us too. So why is the President going to let Feinberg go? Obama should force Feinberg to withdraw or fire him. My letter to Obama today on behalf of Consumer Watchdog lays out the case for why this is just wrong. Given the Chamber’s controversial role in the 2010 election, the organization’s commitment to deny individual citizens their right to hold large corporations accountable and Mr. Feinberg’s own troubled record when it comes to administering the BP Victims Fund, it is highly inappropriate and probably unethical for Feinberg to go. Let’s start with the election. There is no greater threat to voters getting all the information they need to make an informed choice in the election next Tuesday than the Chamber of Commerce. Days before an election, Mr. Feinberg should not be credentialing one of its most anti-American causes — stripping citizens of their legal rights. The Chamber is engaging in one of the largest corporate campaign contribution laundering schemes in U.S. history. The President rightfully made public his concerns that the Chamber’s efforts to funnel millions of corporate dollars from undisclosed donors is compromising our democratic processes. Last Friday’s New York Times investigative report confirmed the fact that concealed donations to the Chamber’s efforts come from big oil, Wall Street tycoons and insurance industry trying to roll back financial protections, thwart the implementation of health care reform and shred environmental protections. The fact that the Chamber is largely hiding such activities from the American public is particularly troubling for our democracy. In California, for example, we at Consumer Watchdog have seen a Chamber-backed political action committee, JobsPAC, receive $3.8 million from the insurance industry for television commercials to elect the industry’s candidate for insurance commissioner. Television commercials for the industry’s candidate don’t disclose that the source of the contributions is from the insurance industry, only the Chamber’s committee. So the commercials can say the candidate for insurance commissioner is fighting the very insurance industry that is surreptitiously funding the advertisements. Now take a look at the Chamber’s Legal Institute. The Chamber’s Institute for Legal Reform has led deceptive efforts to change the composition of state supreme courts in order to make them pro-business and anti-consumer. Feinberg himself has been slow to pay compensation to victims of BP’s Gulf spill, largely small businesses and individuals. While he forces claimants to jump through bureaucratic hoops and provide endless paperwork, he accepts multimillion-dollar compensation from BP under a contract that has not been fully made public. The Chamber’s activities aimed at thwarting consumer rights and oil industry environmental safety in the Gulf may create an outright conflict of interest for Feinberg: • The Chamber has lobbied against the Death on the High Seas Act (as well as the whole SPILL Act that passed the House). • The Institute’s 990 Internal Revenue Service tax filing show that several oil companies sit on the board of their Institute for Legal Reform. Charles James is EVP at Chevron and Charles Matthews is General Counsel at Exxon. Mark Holden is Senior Vice President and General Counsel of Koch Industries. • The Chamber filed amicus briefs supporting Exxon as it fought punitive damages post-Valdez. That is here: http://secure.uschamber.com/NR/rdonlyres/ew3o3lcvdfcby5nnnpqkstiww3sdjucpeg5np5asvytg72zv2donrmfd5jo2xbfjlzqi75sz2drtlgnuufov53pn5sg/exxonshippingcovbakersc.pdf • The Chamber has been especially involved in Louisiana. The Institute for Legal Reform owns an outlet called Louisiana Record that is a propaganda outlet and has consistently ranked Louisiana at the bottom of their legal rankings list. http://www.instituteforlegalreform.com/lawsuit-climate.html The President shouldn’t allow his appointees to be helping the enemy of his Administration and the spill victims in the Gulf. All he needs to do is pick up the phone this time. Will he? ———————————————————————- Jamie Court is author of The Progressive’s Guide To Raising Hell http://www.raisinghellguide.com and president of Consumer Watchdog.

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Todd Kashdan: Three Clues That CEOs or Politicans Are Lying to You

October 19, 2010

Living with your grandmother is a recipe for miscommunication. On a random Tuesday, when I was 15, a plan was being hatched to meet up with a few friends at the local 7-11 convenience store to eat a few hot dogs. Unbeknownst to me, my grandma was outside my room listening in on the phone conversation. To her defense, it would be hard for anyone to make sense of the whispers and jargon on my end. “Marc, do you think we can afford the stuff?” “Do we know if anyone else is going to be there?” “If this doesn’t go down well, I’m going to have to sneak through the garage when I get home.” Upon leaving my bedroom, there was my grandmother blocking my path with arms folded across her chest. The first words out of her mouth were, “Todd, I need to talk to you. Look at me. Are you on drugs?” Essentially, this is what Selma deduced: 7-11 was for derelicts because skateboarders congregated there. Unless it was an illegal transaction, why would I refer to the planned purchase as “stuff?” My eyes were always bloodshot and this is a clear marker of drug use (as opposed to the hard contact lens that I never removed). Now let’s be clear, Gene Hackman was in no danger of losing his job on the narcotics bureau in “The French Connection.” Selma breathed heavily, walked with lead feet, and possessed a grandmotherly smell that will forever be endearing to me (but problematic in covert operations). But this incident raises the question of whether Selma could tell if I was lying…. I was reminded of these regular, bizarre interactions with my grandmother this morning. New research emerged at Stanford University on how to tell whether CEO’s are lying. When Kenneth Lay shared news about the earning reports of Enron, did his selection of words offer insight into hidden lies and deceit? What about the phrasings of BP executives as they shared plans to financially compensate everyone who suffered from the oil spill? While each of us has careful control over the story we want to tell, our true motives and feelings can “leak out” in our word use. Two researchers analyzed 29,663 conference calls by business executives from 2003 to 2007. Of particular interest were the narratives carefully sculpted by CEO’s to tell the media and public about company performance and plans. These Stanford researchers found a few interesting findings. First, be wary of words that distance the speaker from personal ownership of what they are saying. Instead of first-person pronouns, the speeches of lying CEO’s overflowed with plural words such as “we,” “us,” “team,” and “group.” You might be saying to yourself, that doesn’t sound problematic, perhaps they are grateful of everyone in their organization. Remember, it only takes one or two references to make the point that you didn’t attain success on your own. It is the lack of self-references that is linked with deception. If a person knows they are going to deceive you, the last thing they want to do is emphasize that they are the person to contact if things go wrong. Most speakers are consciously unaware of their avoidance of self-references. Second, be wary of over-the-top glowing positive statements. The expression of positive emotions has a tipping point. Be skeptical when a CEO uses an excessive number of flowery terms to describe the future prospects of the company. Notice the intense positive emotional terms in speeches by Kenneth Lay, words such as fantastic, amazing, wonderful, and superb. If a CEO sounds like a hypomanic mother touting the artistic mastery of their two-year old doodler, there is reason to be afraid, very afraid. Third, be wary of absolute certainty. This might be the most valuable take-home finding. Not surprisingly, we feel less anxious when leaders appear confident without any ambivalence about their decisions. The only problem is that few decisions are clear cut and none of us know what the future holds in terms of the economic and political climate. I only worry about people who claim they know what is going to happen. I worry about people that lack anxiety. CEO’s that use an overabundance of words reflecting absolute confidence and a lack of words reflecting hesitation are more likely to be lying. A speaker’s linguistic style offers a portal into their motives. This research has powerful implications for understanding how little we know about other people, especially when we don’t have the same access to the information. I suspect that the findings would be the same if we focused on grandstanding politicians, media pundits, journalists, scientists, real estate agents, teachers, and anyone trying to sell you something, anything. Seriously, look at the three findings above and tell me that doesn’t describe the last person trying to sell you a car. There’s nothing wrong with an assumption that people are inherently good while giving them the benefit of the doubt. All I ask is that you go beyond the surface content of what people talk about. Mindfully attend to how they speak and you might uncover something interesting, something terrifying, something that prevents you from being suckered. And if you don’t want to be mindful, you now have three tips for how to lie better. Go ahead, feign a story about how great of an athlete you were in high school or how incredible you are at seducing strangers in bars. Perhaps you’ll be lucky and your audience won’t read this post and call you out. For more about the research in this article, check out : Larcker, D.F., & Zakolyukina, A.A. (2010). Detecting Deceptive Discussions in Conference Calls. Dr. Todd B. Kashdan is a clinical psychologist and professor of psychology at George Mason University. He is the author of ” Curious? Discover the Missing Ingredient to a Fulfilling Life ” For more about his speaking engagements, books, and research, go to www.toddkashdan.com or Research Laboratory.

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Emily Dubner: Baking For Good Founder: Talk To As Many People As You Can

October 16, 2010

When I first began developing the idea for Baking for Good , I figured the path to building my startup was simple. I’d quit my job, wrap myself in a little cocoon for a few months, toiling away and eating salad, and then emerge as a beautiful entrepreneurial butterfly, delivering brownies and cookies to friends and family in times of sadness or celebration. But that’s not how it worked out in the end. Early on, I ignored the advice of some older, wiser people who encouraged me to speak with as many people as I could. Instead, I dove in and started to develop the concept in relative isolation. I drafted business plans, sketched website frameworks, and edited recipes while planted in my seat on a 5-hour flight or alone at a hotel room desk late at night (at the time, I was traveling to Seattle every week for my consulting firm.) All of the decisions I made, I made independently. I decided it would be quickest and most cost- effective to outsource the web development to a firm in India. Ten minutes later, I submitted a request for proposals on the online freelancing website Elance.com and chose the lowest bidder ($400! To build my whole website! In 3 months!). I was a master at PowerPoint; all I had to do was set up the pages of the website in a PowerPoint template and email them to Partho, my friendly developer, who would then give the pages online functionality and even throw in his own design expertise. But it turned out Partho’s design expertise wasn’t exactly in line with the look I was going for. I tried to explain the concept of a bake sale to him. I even emailed him a link to Wikipedia’s entry on it. To this day, I have not shared with a single person the initial designs he came up with. The look was all wrong: lime green and bright purple with a giant grinning Barney-like dinosaur mascot. I wasn’t ready to give up on Partho just yet, and when he submitted a request for another $400 because the project was bigger than he had anticipated, I readily gave it to him. Much to my dismay, once the transaction cleared, I never heard from him again. In truth, Partho’s abandonment of my project was a blessing in disguise. Around this time I met with a friend who gave me the advice that you only get one shot to launch your website, and it’s worth making it look professional on the first go. I took this to heart, deactivated my Elance account, and started calling up designers and developers in NYC. My meetings were both invigorating and terrifying. Promises of awesome, beautiful websites and great support contrasted with price tags of tens of thousands of dollars and timelines of several months. So much for a $400, 3-month investment. I ultimately began working with Paperwhite Studios to brand the site and Crush + Lovely to develop it. Now I had a team that shared my vision of an online bake sale and had the skills to bring it to life. Not only that, but I could actually meet with them, stopping by for impromptu brainstorming sessions or picking up the phone to share a new thought. Each step took many more days or weeks than I wanted it to, and I had to adjust to letting others do some of the thought work. But the site was so much better for it, the business cards so much prettier for it. I was proud to show it off and get the input of others, whereas previously I had wanted to keep it all to myself until it was “ready.” There are downsides to talking to as many people as you can. Everyone’s got their opinions on what’s best for you, what changes you should make, what really awesome feature would make the site so sweet. I had to learn to take every comment as a suggestion, to use what I could and keep everything else in the back of my mind. Crush + Lovely helped me put this all in perspective. They encouraged me to keep things simple: make sure initial site visitors can grasp the whole concept easily, and build from there. This was not only the sensible solution, it was also a much more cost-effective one than building in all the possible functionality in the beginning (and then having to fix or tear things down if they didn’t work out). In September 2009 we launched a simple but elegant website. It was my company, but I didn’t go at it alone. Nor was I right to think that I could.

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Josh Levy: Ten Ways Your Mobile Phone Company Tried to Screw You in 2010

October 7, 2010

According to the Chinese calendar, it’s the year of the Golden Tiger. But for mobile users in the US, 2010 is the Year Wireless Carriers Tried to Screw You. Don’t think the phone companies’ actions warrant their own year? Check out how they’ve systematically conned consumers using hidden fees, self-imposed hardware limitations, restricted speech, and the mangling of perfectly good software. Below is a list of the top ten ways your mobile phone company tried to screw you in 2010: 10. Verizon Incorrectly Bills 15 million Customers Verizon users who had the gall to accidentally go online without a data plan were charged anyway, even if they immediately closed up their mobile browser. The Federal Communications Commission opened up an investigation, but Verizon is attempting to defuse any federal action by reimbursing between $30 and $90 million to affected consumers. The FCC is still investigating, however, and may yet impose its own fine. 9. ETF WTF? Verizon Raises Its Early Termination Fee to $350 Phone companies have already been charging absurdly high fees — between $150 and $200 – for exiting your wireless contracts early. The carriers argued that the fee subsidized the cost of your phone. But then Verizon *doubled* its early termination fee (ETF) for “advanced devices” — not just smart phones — making it virtually impossible for people to leave Verizon behind without taking a hit. The increase makes it clear that these fees aren’t intended to make up for the phone subsidy, but instead to reduce churn, i.e., to stop people from using their consumer power to take their business elsewhere. 8. T-Mobile G2 Includes a “Malicious Rootkit” If proud owners of T-Mobile’s new G2 Android phone — a great-looking device — try to hack it to gain “root” access so they can install modified software, the phone overrides the modification and reinstalls the original software. As the New America Foundation points out, this is akin to Microsoft disliking the modifications you’re making to your computer, and then remotely reinstalling Windows. Consumers are already paying $200 plus for a two-year contract to use this phone. Shouldn’t they be able to modify it as they wish? Congress and the FCC have both started to look more closely at the wireless industry’s myriad bad practices. This one begs a closer look, too. 7. Apple Bans Cartoons, Becomes Arbiter of Speech Free speech advocates raised a stink after Apple’s app store rejected political cartoons from Pulitzer Prize-winning cartoonist Mark Fiore. It seems that Apple’s response to the popularity of the app store – and its stated need to maintain the platform’s integrity – was to crack down on anything it deemed offensive. Given that millions of people depend on Apple’s platform for their information, some have argued that the company has too much oversight over free expression. Apple has since defined its restrictions on content (and accepted Fiore’s cartoons), which placates some critics. But the problem remains that a giant tech company is now in the position of gatekeeping content and speech — not an ideal position. 6. T-Mobile Announces New “Text Tax” Targeting Texts Sent from Businesses On top of text-messaging fees, T-Mobile is charging an additional one-quarter of one cent on each per short code-driven text message sent by businesses and organizations. This may sound like small change, but this tax could cost some services thousands *per day*. Undoubtedly, this new fee will get passed on to users in the form of higher costs or lack of access. 5. T-Mobile Claims the Right to Censor Text Messages from Certain Orgs A text-messaging company called EZ Texting sued T-Mobile, claiming that the carrier blocked certain short code-driven texts because it didn’t approve of messages from WeedMaps.com, a website that provides maps of *legal* medical marijuana fields. It goes without saying that if companies are promoting legal activity — and WeedMaps.com qualifies as legal — then the carriers have no business blocking their texts. 4. Verizon’s Samsung Fascinate Features Crippled Version of Android A new Android phone from Samsung is seriously hobbled by Verizon. The carrier removed Google’ default — and excellent — search function in favor of Microsoft’s Bing, and the phone is missing Google Maps because it’s pushing Verizon’s inferior (and paid) maps service. Were it not for its everlasting Bingness and additional bloatware, the Fascinate could hang with powerful phones like those in the official Droid line. But Verizon is determined to kill that possibility in the name of bloat, like a maps application that, by all accounts, kind of sucks. 3. Verizon and AT&T Announce Data Caps In an expected but still frustrating set of announcements, the biggest two wireless carriers did away with unlimited data plans. AT&T timed its announcement with the launch of the iPad; Verizon has yet to describe its actual plans, but it confirmed that unlimited data will go the way of the carphone soon enough. The problem with these changes? Just as the public appetite for data is rising — thanks to apps like Netflix on the iPhone — the carriers are limiting the amount that we can consume for a reasonable price. So while new iPhone or iPad users might think a $15/month plan for 200 MB of data is a good deal, they should know that streaming just *one* movie on Netflix will blow their data allotment. For every extra 200 MB (or another movie), they’ll be charged another $15. With charges like those, you might as well go to the movie theater, and buy a large popcorn while you’re at it. 2. Sprint Rejects Catholic Relief Services Text Messaging Campaign Earlier this year, thousands of Americans donated to Haiti relief efforts, simply by sending text messages from their phones and donating $10 on the spot. It was a cool and easy way to donate to a good cause. Like many other charities, Catholic Relief Services saw an opportunity to raise much more than that by using a “text to call” application. But Sprint Nextel got in the way, and three days after Catholic Relief Services launched its application, the carrier demanded that it be shut down. It seems that Sprint, like the other major carriers, wants complete control over how we use text messages, including dictating which apps nonprofits use for fundraising. [how was this resolved?] 1. Google and Verizon’s Internet proposal In the absence of action from the FCC and Congress on Net Neutrality, Google and Verizon stepped in to fill the void, announcing a proposal that paid lip service to the open Internet but actually would gut the principle completely. The companies suggested massive loopholes that would kill Net Neutrality as we know it, and leave the mobile Internet completely unprotected. The result would be a two-tiered Internet with faster speeds for businesses and individuals who could afford it, and the go-ahead for carriers to block any websites, and nearly any applications, they want on mobile devices. It’s only October, so it’s a good bet we’ll see some more mobile doozies before the year is out; I’ll be sure to update this list if we do. Let’s make next year the Year of Mobile Freedom! In the meantime, it’s time to tell Washington to do something about these egregious practices. Go here to free your phone: http://act2.freepress.net/letter/real_internet/

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Richard Laermer: It’s October; Let’s Work!

October 7, 2010

Here we are, in one of two months where we are actually supposed to work. Funny, right? No. Not really. This is the true month of our discontent. We have nothing getting in the way of us accomplishing all the goals we have set in front of our faces. Think about this: All the other months (except June, strangely) have something that gets in the way of actually getting something done. You have a holiday here (January, February, March, April, May…), a slowdown here (July, late November to January 1) an urgently “deserved” week away (August) and then the malaise of September when Labor Day seems to be an excuse to wonder whether labor makes sense at all. We used to call that daydreaming. But October, ah the sweet smell of October. That wonderful odor is sweat! It’s what happens when “workers” (me and you) start to buckle down… Hey, who came up with that buckle down saying? What an ass! But I can’t digress per usual because I actually have some work to do and this essay is getting in the way. Remember to accomplish a ton during these 31 days because there are no reasons for us to be anything but working, all the time, every single day, with all our might and with no excuse to stop, no whining, no away days, not a single solitary day of the week that will get in our way. While I have your attention can I have a second to discuss inherent laziness? Lazy is not when you don’t show up for work and instead hang on the couch watching Jeffersons reruns. It’s also found in the language (“Sounds good” is simply stupid) that we use sparingly. After nearly 20 years of cell phone tech I am headshakingly bewildered by a growing number of people who still use speakerphones to have complete and information-filled conversations while standing on line at Coffee Beans, Peets or Starbucks. Is a headset really expensive? Or have we all turned into exhibitionists? I’m back. Let’s remember you now have six-and-a-half glorious weeks until the next four day weekend! Time to work! Have you noticed how much people do little (yes, I see the bad grammar) when what looks like a vacation rears its fabulous head…. I know I sure slow down. I want to take this opportunity to remind those of us who actually work for a living that there is no time like the present to stop volleying the emails back and forth–yes you are popular, fine–and live your life in the style of Comcast NBC Universal GE Microwave’s Brian Roberts. Here’s a conversation he had with a confused colleague who just wanted to know…. Friend: “How come you are so successful?” Roberts: “Ah. My secret? On those days when I am not into work, and I could just respond to emails all day long, that’s when I make myself get on the phone.” Lovely. We do a lot of emailing that accomplishes nothing and a ton of IM-ing that doesn’t say anything that we should have just said to ourselves. Don’t even start with the constant stream of bubbles rising up on our phones –texting–that was what Orwell was sure would crop up to stop us from getting anything done! If we texted one third of the time we’d all be Einsteins. Life is about ATD. Attention to detail is the way to make it in the gibberish-filled marketing industries. That’s why months like October are crucial! You get a whole month to do something without interruption. Start, then finish. Ahhh. Surely someone once said what my Dad told me when I was a whiny kid: “You are where the work ends. Don’t believe anyone will take the time to cover up your mistakes or make it better for you.” Meaning, the work has to be yours and you need to take responsibility for all of it. That’s why I love October, discontentment and all. Work, work, work. You get to spend a full month completing tasks, not depending on grammar check or a supervisor or the guy in the next cube who is nice enough to not tell you how you are making the same mistake over and over. Wonderful, wonderful October. Wait a minute Hold on. I just realized something super fantastic! Monday is Columbus Day–and didn’t he “discover the new world” and shouldn’t we give him a day off to consider what he did for us? I won’t be here Monday the 11th. Maybe Friday the 8th too! I’m exhausted this rant got to me. I need a rest. So don’t forget. October is about work and getting it done. Please update me with your results. Suckers!

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Bonnie Raitt, R.E.M., MoveOn Team Up To Defend Open Internet

September 22, 2010

The Federal Communications Commission will meet Thursday in the midst of an ongoing debate over net neutrality regulations that have pitted major telecoms, which want control of the flow of information across their broadband networks, against small businesses, bloggers, political actors and other Internet users who are resisting the telecommunication takeover attempt. On Wednesday, a group of popular musicians entered the fray, joining with MoveOn.org to press the FCC to write regulations that will prevent telecoms from asserting control over the flow of information. Jackson Browne, R.E.M. the Roots, Rosanne Cash, OK Go, Moby and Bonnie Raitt are among the artists to sign the letter. They will be encouraging their fans to contact the FCC and push the commission to write rules preserving an open Internet. Telecoms are pushing the FCC to do nothing and let Congress act instead, while major corporations such as Verizon and Google strike bilateral deals that carve up the Internet. But Congress has already acted. In 1996, the Telecommunications Act updated the original 1934 Communications Act, New Deal legislation that prevented monopolies from dominating the means of communication. In 2002, under pressure from the cable and phone industry, the Bush administration’s FCC classified broadband as an “information service” rather than as a “telecommunications service.” It is, quite plainly, a telecommunications service, but the FCC deemed it otherwise for the sole purpose of avoiding the legislative requirement that neutrality rules be written to protect the Internet from control by major corporations. By 2005, the phone and cable companies had begun publicly discussing their plans to subvert net neutrality. “Why should [companies] be allowed to use my pipes?” Southwestern Bell CEO Ed Whitacre told BusinessWeek. “The Internet can’t be free in that sense … for a Google or Yahoo! or Vonage or anybody to expect to use these pipes for free is nuts!” Earlier this year, the Supreme Court ruled that the FCC could not regulate broadband as an “information service.” It had already ruled in 2005 that the FCC could classify broadband as a “telecommunications service.” So, following the 2010 court ruling, the FCC announced plans to reclassify broadband as what it actually is. That’s when the telecom lobbying went into high gear. The GOP launched an attack arguing that Obama was attempting to take state control of the Internet, as if regulating broadband the way that phone lines are regulated amounted to nationalization. The telecom lobbying effort soon came to focus around an effort to pressure FCC Chairman Julius Genachowski not to reclassify broadband, but to leave it unregulated until Congress acts. The collaboration between MoveOn and the artists is an effort to persuade Genachowski to act. The full letter: Dear FCC Commissioner Julius Genachowski: The Internet has facilitated an explosion of creativity and commerce, offering unprecedented opportunities to musicians and music entrepreneurs. Due to the open structures of the Internet, musicians and other creators and innovators can compete on an equal technological playing field with the biggest companies. The result is a blossoming and legitimate marketplace that compensates creators while rewarding fans with access to an incredible array of music. None of this could have happened without Net Neutrality — the principle that protects the open Internet. That’s why we support efforts to preserve Net Neutrality for the benefit of innovation and free expression — and urge the FCC to act immediately to ensure that the Internet is kept free and open. As artists, we are encouraged that the Commission recognizes the importance of net neutrality. We encourage you to apply its core principles to any and all broadband points of access, including the wireless space. We also encourage you to consider the perspectives of musicians, who depend on an open Internet to compete in a crucial marketplace and express ourselves creatively. We will continue to support the Commission on the road to achieving clear and enforceable rules of the road for the Internet for the benefit of creators, innovators, entrepreneurs and the public. However, we also feel that the time to act is now, to avoid prolonged uncertainty for all stakeholders, including musicians and music entrepreneurs. The future of the Internet depends on decisions made today, as does the future of music. We believe that Net Neutrality is the best and only way to ensure that both futures remain bright. Sincerely, R.E.M. The Roots Rosanne Cash Bonnie Raitt Jackson Browne MOBY OK Go Jamie Kitman Writers Guild of America, East

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Crowd-Fundraising For Causes Adds Up Fast

September 19, 2010

NEW YORK — One project strapped dozens of digital cameras to kites and balloons and sent them above the Gulf of Mexico to document the oil spill. Another will, hopefully, fly a smart phone into the upper reaches of the atmosphere so it can send photos and video back down. Then there’s the young woman from California who’s set sail around the world, without the backing of corporate sponsors. These projects cost anywhere from a few hundred to tens of thousands of dollars. And to help pay for them, their creators are turning not to deep-pocketed investors but to friends and strangers online. Through websites including Kickstarter and IndieGoGo, these people pledge as little as $1 in exchange for “I knew them back then” bragging rights and thank-you gifts such as limited-run CDs and books. “This is widening the scope of who is getting funded,” said Tiffany Shlain, filmmaker and founder of the Webby Awards, for which IndieGoGo was nominated this year. Many indie filmmakers and musicians turn to the sites because this way they can retain creative control over their projects. Others, such as 24-year-old Emily Richmond, are using them to help realize childhood dreams. “To be a long-distance sailor in this day and age you either have to go the route of trying to break a record, in pursuit of attracting major corporate sponsorship, or you have to save your whole life, finance your own trip but not get to do it (until) you’re up there in years,” Richmond said by e-mail recently while sailing off the coast of Acapulco, Mexico. So, she turned to Kickstarter. Last year she raised $8,141.80 to get her two-year voyage started. Expenses included buying food and outfitting her vessel for long-distance sailing. In a second round of fundraising this spring, she got $7,251 for safety equipment such as a GPS tracker, a satellite phone and a medical kit. She calls the site a “real live dream-machine.” Kickstarter, based in New York City, lets people set a budget and make a pitch, usually in a self-shot video. Many backers, though not all, have some connection to the projects they are contributing to. They come from all kinds of backgrounds – professors, techies, students and filmmakers, dreamers and doers. Many first-timers find the sites through a project they are somehow connected to, and stay when they discover others they like. Creators put a lot of work into displaying their projects on the sites to show, not just tell. There are photos, videos, blogs and links to Facebook and Twitter, along with detailed descriptions of the rewards offered to backers. In addition, a project’s initial backers tend to be people who are somehow connected to it, effectively vouching for their authenticity. IndieGoGo co-founder Slava Rubin said strangers don’t tend to fund projects that haven’t already raised money. Kickstarter’s small staff, meanwhile, vets projects before they go up on the site. The sites also have various fraud-prevention measures in place. Jeffrey Warren’s oil-spill mapping project raised $8,285 from 145 people. Rewards include photos and your name written on the balloons and the kites sent above the Gulf. Warren, a fellow at MIT’s Center for Future Civic Media, said he didn’t personally know most of the project’s backers. “Backers become advocates for your cause – they hit the blogs, newspapers, etc., and it’s the wider network that seems to contribute most, not your immediate friends,” he said. “Probably your immediate friends contribute more directly, for example with their time and support.” The websites make money by taking a small cut of the money raised. On Kickstarter, which takes 5 percent, only projects that meet their full budget get their money. If they don’t, no money is exchanged. Backers pledge using Amazon’s online payment service, and credit cards are charged only if the project meets its funding goal by a set deadline. IndieGoGo, by contrast, lets projects keep the money even if they don’t meet their full funding goal, though in that case it takes a larger cut. The idea behind IndieGoGo was to democratize fundraising, to take it out of the “few people in suits” who have traditionally decided what movie, music album or charity gets funded, Rubin said. The San Francisco-based site’s three founders all had background in fundraising; Rubin, whose father died of cancer when he was a child, had started a cancer charity. The ease with which projects can be shared via Facebook and other channels, along with the comfort many Internet users now have with online transactions, means the time is ripe for crowd-funding. Getting the word out about the projects even a few years ago – before Facebook opened up to the public and before YouTube made it easy for anyone to upload a video online – would have been difficult, if not impossible. It’s not just altruism that gets people pledging. Perry Chen, Kickstarter’s 34-year-old co-founder, said projects offer “bragging rights of being involved early,” especially if the band, film or comic book later becomes successful. There are tangible benefits, too. Richmond, the sailor, is mailing anyone who pledged at least $15 a Polaroid photo from her travels. For those who gave $75, she is sending a coconut. “When I saw Emily’s project I couldn’t even imagine what it would be like to be on your own on the water like that for such a long time,” said Mike Ambs, a Los Angeles filmmaker who’s backed Richmond’s project along with 18 others. He said he is looking forward to getting a photo from Richmond’s adventures. But the feeling of playing a part in something ambitious is also a source of inspiration. “It’s exciting to be a part of it and see how far a little bit can go,” he said. He’s also used Kickstarter to help fund “For Thousands of Miles,” his planned documentary about a man riding a bicycle across the United States. On Kickstarter, the average contribution is $25. On IndieGoGo, it’s $84. Some projects have received as much as $10,000 from a single backer, but those cases are rare. The highest-grossing project to date is Diaspora, an anti-Facebook of sorts that would let users keep control over their photos, videos and status updates while sharing them with friends. The four New York University students behind it raised $200,641 on Kickstarter. Though the sites are reminiscent of single-project online tip jars that popped up earlier in the decade, they work better because they create persistent communities behind the projects. “Those were predicated on a passive involvement,” said Yancey Strickler, Kickstarter’s co-founder. “Kickstarter is much more structured and active. Projects are focused on specific things, they have finite deadlines, they establish relationships, and they clearly communicate what someone gets in exchange.” About 2,500 projects have been funded by about 200,000 people through Kickstarter since the site launched in April 2009. About the same number have failed to meet their funding goals. Danny Pier’s “Astdroid” was among the ones that reached their goals. The 25-year-old software engineer said he is disappointed with the looming end of NASA’s space shuttle program and wanted to do something about it. “I was thinking what could I do to make space more accessible for the everyday Joe?” he said. The answer: Send a Droid smart phone to the stratosphere, using a weather balloon. Running an application built by Pier, the phone, if it makes it, will send photos and video back to Earth through a website. (Other amateurs have strapped digital cameras to weather balloons for high-altitude shots). Pier, who lives in Denver, estimated that his project would cost $1,800, enough for a few phones in case the Astdroid doesn’t take off on the first try. He raised $2,050 on Kickstarter, from 66 people. “I wouldn’t have been able to raise the money without it,” he said. “As it is my friends think I’m crazy, I wouldn’t be able to get any money out of them.” ___ Online: http://www.indiegogo.com http://www.kickstarter.com

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Dennis Santiago: Keep a Watchful Eye on Banks From Your Mobile Phone

September 13, 2010

The days of the desktop or even laptop computer as a person’s primary interface to the internet are numbered. The trend is to do more and more on the go on your telephone handset. Everything needs to re-cast itself onto these devices as terms like IPhone and Android replace PC and MAC as what people argue when talking platform preference. We see banks going from “on line” banking to “in hand” banking. The applications themselves are compacted down XHTML mini-websites that run quite well on mobile browsers that are then encapsulated inside device specific app shells to make them more convenient on a person’s phone. Ok that gets the supply side of banking tools moving. It’s only logical that the next step is to bring consumer and even professional analytics to the handheld device. There is need for independent ways to find banks and — more important — ask consumer choice questions about how they rate compared to their neighbors. At Institutional Risk Analytics, we think that need extends to something anyone can access on the go. Having built and donated the online tool that helped power the “Move Your Money” project earlier this year, we got plenty of exposure to what consumers need in the palms of their hands so we decided to take a crack at a testbed. Try it yourself on your phone’s browser at BY CLICKING HERE or going to http://us1.irabankratings.com/mobile/home.asp . The tool is laid out in the simplistic “point and shoot” style guide necessary to make it work while standing in line at Starbucks. It works on a regular browser too actually in keeping with adhering to the simplest possible HTML tenets. We decided to start our tests with four functions. 1. Get a Grade – Shows if the bank is above or below the ‘B or better’ marker line. 2. Find Nearby Banks – Finds banks by zip code for now. We’ll make it device location aware a little later. 3. Read the Latest IRA Newsletter Article – Provides a simple test for packaging in depth writing so we can figure out how news and blog sources should interact with a handheld surveillance tool. 4. Industry Fact Sheets – To experiment with packaging numbers intensive reference data into a handheld device. And then it gets better, This experimental application covers all banks large and small so you can look up the branches of the mega money centers as easily as the tiny community banks. It delivers grades on them all and lists of nearby branches. Then the tool has “map links” that will automatically invoke Google Maps with one touch of your thumb. But wait there’s more, A fifth function allows your phone to log in to IRA’s online IRABankRatings.com consumer and light industrial system and once logged it’ll enable you to access all the reports you have your desktop/laptop application from the browser. If you are a full level advisory or government user of the even more powerful Professional IRA Bank Monitor with it’s Counterparty Quality Scoring and “Shadow” CAMELS calculators, it will let you extend those reports into your handset too. This means the tool silo is set up like a layer cake of horsepower. Use the level most appropriate to the type of user you are. The purpose of this of course is to enable everyone from casual consumers to field personnel to have a greater portion of their information needs served conveniently because this in the end is what preventing future systemic risk is all about. Efficient market discipline means increasing transparency for everyone from the most learned elites to the proverbial little old lady from Pasadena. Take a look for yourself. It’s pretty cool for a five day old application, roughly about the same age the Move Your Money Zip Code Tool was on December 29, 2009. I expect we’ll see more of these kinds of “ordinary people’s” surveillance tools tracking banks over time. Some will help keep the playing field more transparent and others will market special interests. But if we all learn to read between the lines better we will ward off becoming a “Third World America”. Note: For those that note that this testbed is full of IRA products, yes that ‘s true. But when one wants to build something to tinker with quickly it’s sort of important to only use pieces you actually own and have the rights to do with as you please. I have no idea what the final mix of components for a true killer app is yet. Feedback and suggestions are welcome.

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Dennis Santiago: Keep a Watchful Eye on Banks From Your Mobile Phone

September 13, 2010

The days of the desktop or even laptop computer as a person’s primary interface to the internet are numbered. The trend is to do more and more on the go on your telephone handset. Everything needs to re-cast itself onto these devices as terms like IPhone and Android replace PC and MAC as what people argue when talking platform preference. We see banks going from “on line” banking to “in hand” banking. The applications themselves are compacted down XHTML mini-websites that run quite well on mobile browsers that are then encapsulated inside device specific app shells to make them more convenient on a person’s phone. Ok that gets the supply side of banking tools moving. It’s only logical that the next step is to bring consumer and even professional analytics to the handheld device. There is need for independent ways to find banks and — more important — ask consumer choice questions about how they rate compared to their neighbors. At Institutional Risk Analytics, we think that need extends to something anyone can access on the go. Having built and donated the online tool that helped power the “Move Your Money” project earlier this year, we got plenty of exposure to what consumers need in the palms of their hands so we decided to take a crack at a testbed. Try it yourself on your phone’s browser at BY CLICKING HERE or going to http://us1.irabankratings.com/mobile/home.asp . The tool is laid out in the simplistic “point and shoot” style guide necessary to make it work while standing in line at Starbucks. It works on a regular browser too actually in keeping with adhering to the simplest possible HTML tenets. We decided to start our tests with four functions. 1. Get a Grade – Shows if the bank is above or below the ‘B or better’ marker line. 2. Find Nearby Banks – Finds banks by zip code for now. We’ll make it device location aware a little later. 3. Read the Latest IRA Newsletter Article – Provides a simple test for packaging in depth writing so we can figure out how news and blog sources should interact with a handheld surveillance tool. 4. Industry Fact Sheets – To experiment with packaging numbers intensive reference data into a handheld device. And then it gets better, This experimental application covers all banks large and small so you can look up the branches of the mega money centers as easily as the tiny community banks. It delivers grades on them all and lists of nearby branches. Then the tool has “map links” that will automatically invoke Google Maps with one touch of your thumb. But wait there’s more, A fifth function allows your phone to log in to IRA’s online IRABankRatings.com consumer and light industrial system and once logged it’ll enable you to access all the reports you have your desktop/laptop application from the browser. If you are a full level advisory or government user of the even more powerful Professional IRA Bank Monitor with it’s Counterparty Quality Scoring and “Shadow” CAMELS calculators, it will let you extend those reports into your handset too. This means the tool silo is set up like a layer cake of horsepower. Use the level most appropriate to the type of user you are. The purpose of this of course is to enable everyone from casual consumers to field personnel to have a greater portion of their information needs served conveniently because this in the end is what preventing future systemic risk is all about. Efficient market discipline means increasing transparency for everyone from the most learned elites to the proverbial little old lady from Pasadena. Take a look for yourself. It’s pretty cool for a five day old application, roughly about the same age the Move Your Money Zip Code Tool was on December 29, 2009. I expect we’ll see more of these kinds of “ordinary people’s” surveillance tools tracking banks over time. Some will help keep the playing field more transparent and others will market special interests. But if we all learn to read between the lines better we will ward off becoming a “Third World America”. Note: For those that note that this testbed is full of IRA products, yes that ‘s true. But when one wants to build something to tinker with quickly it’s sort of important to only use pieces you actually own and have the rights to do with as you please. I have no idea what the final mix of components for a true killer app is yet. Feedback and suggestions are welcome.

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Gulf Oil Spill Cleanup Winners And Losers

August 26, 2010

The Gulf oil spill is a bonanza for some and a bust for others. The worst offshore oil spill in U.S. history has spurred something of an economic boom in some communities where cleanup operations are based, an Associated Press analysis has shown. But BP’s oil spill has delivered a double whammy to areas too far away from the cleanup to serve as a staging ground for masses of workers, but close enough to experience severe losses in tourism, fishing and drilling. Sales tax revenue in Gulf states showed a stark difference. In Louisiana’s Plaquemines Parish alone, a fishing and oil-and-gas mecca that saw an influx of about 5,000 cleanup workers, state sales tax revenue shot up 80 percent in June over the same month of 2009. By contrast, Vermilion Parish in the Cajun country of western Louisiana, close enough to the spill to turn off tourists but too far to play a significant role in the cleanup, suffered a 45 percent decrease for the same period. The two areas share a common thread: Both have been affected by the closing of Gulf fishing grounds and the threat to oil field jobs posed by a federal moratorium on deepwater drilling. But if there is good news to be found in the oil spill, it is in front-line places like Plaquemines, where thousands of spill workers and companies that serve their needs, such as caterers, have snapped up lodges and rental housing and have spent their pay in local honky-tonks and restaurants. “The cleanup is a whole industry,” said Brooke Andry, whose 20 or so rental properties in Plaquemines are booked up with cleanup workers and BP officials instead of the customary recreational fishermen. The AP analysis showed that, taken together, the 39 Gulf Coast counties and parishes in Louisiana, Mississippi, Alabama and Florida actually saw a modest increase in year-over-year sales tax revenue following the spill. However, this is a tale of booms canceling out busts, of selective prosperity, and of temporary relief that has done little to assuage anxiety about the future. Using year-to-year changes in the amount of taxes collected by retailers or service providers whenever they do business is an imperfect method of calculating the impact of the oil spill since other factors also play a role. Yet the data offers a glimpse into some of the unexpected economic distortions caused by the BP disaster – and the lives and livelihoods it overturned. In Vermilion and other areas on the fringe, tourists have stayed away under the false impression that the whole coast is lathered in oil. And a federal drilling moratorium has cast a shadow on the future of the oil business, a linchpin of the local economy. “People don’t want to be in an area that has problems like this,” said Betty Bernard, owner of Betty’s RV Park in the Vermilion community of Abbeville, which has lost half its business this summer from last year. “The news media has it that we have oil in our backyards, and we don’t.” The economic impact of the April 20 rig explosion that killed 11 workers and sent more than 200 million gallons of crude gushing into the Gulf of Mexico hasn’t yet been fully calculated. BP already has paid out $399 million in claims to residents and businesses who say they were affected by the spill, and the $20 billion set aside by BP at the behest of the Obama administration to compensate spill victims will certainly help ameliorate suffering. Yet the feeling along much of Gulf Coast is high anxiety. “A lot of the revenues come from oil-producing companies, so if they’re not producing, we’re not getting any revenue,” said Ray Dugal, president of the Greater Abbeville-Vermilion Chamber of Commerce. As for tourism, “one of the perceptions … is that we’re in 6 feet of oil,” he said. Given the uncertainty, workers and residents just don’t want to spend money, Dugal said. In nearby St. Mary’s Parish, state sales tax revenue dropped 9.9 percent in May and 3.2 percent in June. At St. Mary Seafood & Marina, sales of fish, crabs and crawfish dropped by a third as out-of-state buyers grew worried about whether Gulf seafood was safe to eat. “Whenever all of the pictures of the birds in oil came out, that is when the sales started to drop,” said owner Daniel Edgar. Of all the Gulf parishes and counties, the biggest boom has been in Plaquemines, where oil from the well about 50 miles offshore first touched the U.S. mainland April 29. Other oil-affected Louisiana parishes saw a sales tax boost in June, too: St. Bernard (15 percent), St. Tammany (14 percent) and LaFourche (9.6 percent), according to the AP analysis. Sharon Couture, 60, runs a convenience store in Yscloskey, a tiny fishing village in eastern St. Bernard. “They come in all the time,” she said of cleanup workers. “They buy beer, energy drinks, cigarettes, that sort of thing. “I’d say I’m about breaking even because of them. The fishermen used to come in and spend $40, $50. These guys come in and spend $5, $10. There’s just more of them.” But she doesn’t know how quickly the fishermen will return, and she is fearful. “I told my husband if BP pulls out, we’ll just close up and leave. We won’t make enough to live on then,” she said. Plaquemines President Billy Nungesser – a frequent and vocal critic of the spill response – said the windfall his parish collected will be banked to offset projected declines in early 2011 as the cleanup effort winds down. He said he expects revenue from marinas to fall by 70 percent and at hotels by 80 percent. “As we go into the winter and next year … we’ll need it to make up the shortcomings in those months after BP is gone,” Nungesser said. The exception to the southeast Louisiana mini-boom is New Orleans, where state sales tax dropped 5 percent in May and 10.5 percent in June from a year ago. The numbers may be less a reflection of the spill than the completion in the past year of several post-Hurricane Katrina construction projects, said economist Loren Scott. Outside Louisiana, which has taken the brunt of oil, changes in sales tax revenue for other Gulf counties were small. In Florida, coastal counties outside the Panhandle, where not a drop of oil washed ashore, revenue grew over last year for the most part. In the Panhandle, revenue rose in every coastal county except one in May. In June, it rose slightly in half the counties and dipped slightly in the rest. Baldwin County, Ala., saw a tiny decrease in state sales tax revenue this summer. Harrison and Jackson counties in Mississippi had slight decreases in May but solid increases in June, helped by the influx of cleanup workers. Hancock County, Miss., which hasn’t had as many cleanup workers, had decreases of 9.6 percent in May and 6.7 percent in June. In other places, it seemed clear that fluctuations had less to do with the oil than other factors. The reopening of a Wal-Mart Super Center in St. Bernard Parish, La., contributed to the 15 percent jump in year-over-year state sales tax revenue in June, said Councilman Frank Auderer. But, he added, the influx of cleanup workers can’t be discounted in the working-class parish just east of New Orleans. Residents of the boom areas, meanwhile, don’t expect their windfall to last long. “Everyone who is local is trying to make good out of a bad situation while they can,” said Andry, the lodge owner. “We’re all riding a wave, but once the spill is cleaned up, or allegedly cleaned up, will there be any fishing? Will the phone be ringing?” ___ AP Writer Mary Foster contributed from Yscloskey, La.

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Mine Workers Tipped Off Before ‘Surprise’ Inspections, Federal Regulator Says

August 26, 2010

WASHINGTON — Some mine companies are tipping off their underground workers before federal officials make surprise inspections, an illegal practice that has become more prevalent since a West Virginia explosion killed 29 miners, the nation’s top mine official said Thursday. “We’re looking at this as a chronic problem without question,” Mine Safety and Health Administration director Joe Main told The Associated Press. “We have found enough evidence to know that we need to act to beef-up enforcement of the law to prevent this advance notice.” Main’s comments came as his agency issued a special guidance bulletin to mines around the country clarifying the ban on giving advance notice of inspections. The government has stepped up surprise inspections nationwide in the wake of the April explosion at Massey Energy’s Upper Big Branch mine in West Virginia. Some workers at the mine testified that managers found ways to tip off miners ahead of time so they could pass inspections. Massey officials have denied issuing any illegal warnings, but the company faces civil and criminal investigations. Advance notice could give miners anywhere from 10 minutes to more than an hour to hide safety problems such as improper ventilation or disabled methane monitors while inspectors make their way from the main office to locations thousands of feet underground. MSHA has already issued 28 citations for advance notice violations this year. It issued 31 for all of last year – the highest number in a decade. To combat the problem, MSHA has turned to more aggressive tactics like commandeering the phones as soon as inspectors arrive or driving up in cars the mine company won’t immediately recognize. But it’s become a dangerous cat-and-mouse game as some mines post lookouts or install infrared beams that alert them when anyone enters the property. “At some of these mines, there’s just one long dirt road where they can see you coming,” said Eddie Sparks, MSHA’s acting assistant district manager for enforcement in Barbourville, Ky. “Some of the coal truck drivers can get on the radio and call ahead before you ever get to the mine.” Sparks said that’s what happened on April 19 when inspectors drove up to Manalapan Mining Co.’s RB No. 12 mine in Harlan County, Ky. Inspectors monitoring CB radio heard truck drivers alerting the company. At another inspection the same day, MSHA officials seized control of phone lines as soon as they arrived at Left Fork Mining Co.’s Straight Creek No. 1 mine in Bell County, Ky. But Sparks said inspectors still overheard a mine employee on another phone calling down to workers to shut the belts off because inspectors were outside. “It’s a problem because there’s a lot of phones at a mine, like the guard shack and various mine offices,” Sparks said. “You can get to different phones that you try to monitor, but before you get to the other ones, they can call in ahead of you.” Both of the Kentucky cases were part of a 57-mine inspection blitz launched in the days following the April 5 Upper Big Branch disaster. The agency has targeted mines with ventilation problems, high methane levels and buildup of coal dust – factors believed to have triggered the massive explosion at Upper Big Branch. That theory was bolstered on Thursday when MSHA said a handheld meter found deep inside the Upper Big Branch detected explosive levels of methane before the blast. The meter detected 5 percent methane in the mine’s atmosphere, according to Kevin Stricklin, MSHA’s chief of coal mine safety. Carol Raulston, a spokeswoman at the National Mining Association, said MSHA’s response has been overly aggressive considering that most mines have a safe track record. “MSHA’s high public profile on this inspection technique is offensive to the vast majority of U.S. mines that are trying their best to comply with all safety requirements and to improve miner safety,” Raulston said. “The conditions we’re finding when we’re able to circumvent some of these intended advance notices are just appalling,” Main said. In some cases, ventilation curtains had been removed, miners had not removed dangerous piles of rock dust or workers were mining in areas where they were not permitted, Main said. Current law provides for up to a $1,000 fine and imprisonment up to six months for anyone giving advance notice of an inspection. A mine safety bill working its way through the House would boost the prison term up to five years and raise the fine up to $250,000 for individuals and $500,000 for corporations that knowingly give advance notice to impede an investigation. In the meantime, MSHA is working to “change the culture in the mining industry,” Main said. “Showing up when we’re least expected is a tool that’s been used and will continue to be used.” ___ Associated Press writer Tim Huber in Charleston, W.Va., contributed to this report.

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Art Levine: Beyond Messaging: Obama’s Path to Jump Starting the Economy Without Congress

August 26, 2010

The rising jobless claims and skidding home sales make the Democrats’ selling job this November even tougher . But, cowed by deficit hawks, neither the Obama administration or Congress has shown an appetite for passing the sort of large-scale job creation packages that could make a difference in the ongoing jobless crisis . As the Washington Post observed this week, “A rapidly weakening economy threatens to undermine President Obama’s assertion that he has set the nation on a path to prosperity and, with barely two months until congressional midterm elections, Democrats find themselves with few options for reviving the faltering recovery. ” But the American Prospect and the progressive policy center Demos released a special report this week, to be featured in the magazine’s next issue, that could offer some short-term and long-term help by using the power of government agencies and contracts. These under-used strategies could be put into effect without needing to thread the needle of centrist Democrats and obstructionist Republicans in the Senate. As Robert Kuttner points out in the lead essay to this report, “The Case for Presidential Action,” that also features In These Times writer David Moberg, “The U.S. government spends half a trillion dollars a year to buy goods and services from the private sector. Federal procurement, directly or indirectly, influences about one job in four in the entire economy. And most most large national companies do business with the government,” including service and manufacturing companies that pay their workers relatively low wages, thwart unions and deny benefits. During a conference call this week on the report (hat tip to Campus Progress), experts pointed out: It seems Congress has given the administration the power to place conditions on those contracts–and the courts have backed them up. Ann O’Leary, a senior fellow at the Center for American Progress (CAP) senior fellow, notes that “This authority has been used by many presidents for many years.” If these aggressive enforcement and standards-raising actions were combined with effective messaging to scare the hell out of progressives and centrists over the prospect of a GOP and John Boehner take-over, it could conceivably make a difference — although time is running out before November. In his article, “Sweatshop Army: Why does the Pentagon use low-road companies to feed and clothe out troops?,” David Moberg points to the Wornick Company of Cleveland that pays its mostly immigrant work force less than $10 an hour, making it impossible for them to afford the company’s minimum health care plan. “Unfortunately,” Moberg says, “all too often the work on military contracts is ill-paid and abusive, just as it as at Wornick, and not an expression of government’s stated social policy, such as the 1935 Wagner Act’s commitment to encourage collective bargaining.” But more than just raising those contract workers could make a difference. As Demos summarized the authors and their key reform points: Harold Meyerson on the misclassification of regular workers as temporary or contract employees, and the potential impact of a high-profile and systematic enforcement effort targeted at the large companies that employee them. David Moberg on Pentagon contractors that are notorious low-wage employers, and why there is a national security case for government to set and enforce labor standards in defense contracting. This piece looks specifically at the principal contractors producing MREs and military uniforms. David Bensman, Professor of Labor Studies and Employment Relationships at Rutgers University, on federal reclassification of transportation workers and reforming US ports by modernizing safety systems and requiring trucker certification. Steve Franklin on how the Department of Agriculture, which spends upwards of800 million on produce for the school lunch program, can extend bargaining rights to farm workers and sponsor a bill of rights that includes access to sanitary facilities, clean water, and decent housing. Jan Breidenbach on making sure that government-sponsored green housing jobs, which includes the installation of solar panels and retrofitting homes, are high-wage jobs. And others on paying childcare workers a decent wage, insisting on high- quality manufacturing jobs, and the broad social and economic benefits of a high-wage workforce . As a St. Petersburg Times columnist observes: What can be done to undo the damage without legislative action, since Republicans will oppose anything proworker? Kuttner suggests that the most consequential immediate action Obama could take is to start using government’s buying power to reward good labor practices. It must be big-time, governmentwide, and high-profile. One in every four jobs in the economy is influenced by federal procurement, whether it’s foodstuffs for the military or Medicaid payments to nursing homes. Jobs in these industries could be transformed tomorrow if contracts were awarded only to employers who paid living wages, provided benefits, respected labor laws and didn’t interfere with unionizing. As Congress fights over tax breaks for millionaires, the administration could be changing the economic prospects of millions of low-skilled workers. Boosting pay and working conditions for, say, nursing home workers under new Medicaid rules could provide real hope to working poor parents. Yet in the political battles in the run up to the November, the upset victories of some Tea Party candidates in the GOP primaries are adding to the fears of some in the Democratic Party that a mobilized conservative base could trump Democratic arguments that the economy would be worse under the GOP. As Politico reports: Top Democrats are growing markedly more pessimistic about holding the House, privately conceding that the summertime economic and political recovery they were banking on will not likely materialize by Election Day. In conversations with more than two dozen party insiders, most of whom requested anonymity to speak candidly about the state of play, Democrats in and out of Washington say they are increasingly alarmed about the economic and polling data they have seen in recent weeks. They no longer believe the jobs and housing markets will recover — or that anything resembling the White House’s promise of a “recovery summer” is under way. They are even more concerned by indications that House Democrats once considered safe — such as Rep. Betty Sutton, who occupies an Ohio seat that President Barack Obama won with 57 percent of the vote in 2008 — are in real trouble. In two close races, endangered Democrats are even running ads touting how they oppose their leadership. “Democrats kept thinking: ‘We’re going to get better. We’re going to get well before the election,’” said one of Washington’s best-connected Democrats. “But as of this week, you now have people saying that Republicans are going to win the House. And now it’s starting to look like the Senate is going to be a lot closer than people thought.” But some progressives and Democrats are hoping that a more effective message — focusing on part on the consequences of Rep. John Boehner becoming Speaker of the House — might help mobilize voters to resist the upsurge in conservative-driven anger and keep enough Democrats in office. As Washington Post blogger Greg Sargent notes: There’s a reason the White House and Dems are throwing everything they have at John Boehner’s speech attacking Obama’s economic policies: Dems and White House advisers know they must not allow Boehner and the GOP to achieve a clean relaunch of their party and their ideas heading into the midterms. The big underlying fight right now is over whether Republicans will succeed in rebranding themselves, achieving separation from Bush and the party that ran Congress before the Dem takeover, or whether Dems will successfully convince the electorate that a vote for the GOP is a vote for the party that brought our economy to the edge of doom. So the White House is circulating a new set of talking points instructing Dems on the Hill and outside allies to reiterate these ideas: In a speech in Cleveland [this week], House Minority Leader John Boehner laid out Congressional Republicans’ economic dream. Their prescription for the future = the same policies that led to the worst recession since the Great Depression. They want more tax breaks for the rich, less oversight of Wall Street, and a tougher burden for middle-class families… Representative Boehner is ignoring his party’s own record, and he’s hoping that American families will, too. In the eight years before the Obama Administration took office, the Republican Leadership took the record surplus and turned it into a record $1.3 trillion deficit. Their irresponsible policies helped to create the worst economic downturn since the Great Depression, resulting in 22 months straight of job losses across America. Faced with these grim economic numbers, what can Democrats do now to save Congress? A progress writer at Daily Kos, writing under the name Meteor Blades, has some sound suggestions worth considering: To effectively put the Republicans on the defensive, the administration needs more than a message of the-economy-would-be-a-whole-lot-worse if-these-guys-had-been-in-power, even though that assessment is absolutely true. To this end, combined with a thorough thrashing of the GOP for its devil-take-the-hindmost policies, shortly after Labor Day, the administration should present basic elements of a new economic program for the next two years. It should be a program emphasizing our acute emergency, of course. But it should also lay the foundation for resolving some of the chronic problems that helped generate the emergency. That means, as so many critics have said, new approaches to trade, industrial policy, off-shoring, wage stagnation and arbitrage, and regulation. It should also look even deeper, how to deal with people’s needs for economic security in a world in which automation and other productivity-enhancing changes make the old job paradigm obsolete. No way, obviously, can reforms in all those areas be achieved in a mere two years, but a start can be made, a direction laid out. Such an economic program ought also to boast one big project, not just a flashy eye-catcher, but something practical, job-generating and an investment in the future. Replacing all our coal plants with clean-energy sources over a decade would be one possible choice with multiple benefits. But there are others. In the immediate future, these two messages could reinvigorate voters whose enthusiasm for keeping the Party of No out of office has waned during the past few months. Together, they would provide inspiring talking points to activists in the phone-bank and door-to-door trenches for their use in persuading Americans that staying at home, or choosing Republican candidates, will worsen the economic situation. But a far-sighted economic program must ultimately be about something far more important than merely winning an election. Yet given the cautionary tone and policies of the administration so far, even in the face of a continuing economic crisis and looming political disaster, it’s not at all clear such aggressive steps will be taken. UPDATE : There’s mounting evidence, according to the Congressional Budget Office, that President Obama’s stimulus package has had a positive impact on saving and creating millions of jobs. But it’s also transforming the economy, as a new Time magazine article highlights (hat tip to the Daily Beast )—but that reality hasn’t been translated into effective political salesmanship yet. ******************** This article originally appeared in the Working In These Times blog.

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Art Levine: Beyond Messaging: Obama’s Path to Jump Starting the Economy Without Congress

August 26, 2010

The rising jobless claims and skidding home sales make the Democrats’ selling job this November even tougher . But, cowed by deficit hawks, neither the Obama administration or Congress has shown an appetite for passing the sort of large-scale job creation packages that could make a difference in the ongoing jobless crisis . As the Washington Post observed this week, “A rapidly weakening economy threatens to undermine President Obama’s assertion that he has set the nation on a path to prosperity and, with barely two months until congressional midterm elections, Democrats find themselves with few options for reviving the faltering recovery. ” But the American Prospect and the progressive policy center Demos released a special report this week, to be featured in the magazine’s next issue, that could offer some short-term and long-term help by using the power of government agencies and contracts. These under-used strategies could be put into effect without needing to thread the needle of centrist Democrats and obstructionist Republicans in the Senate. As Robert Kuttner points out in the lead essay to this report, “The Case for Presidential Action,” that also features In These Times writer David Moberg, “The U.S. government spends half a trillion dollars a year to buy goods and services from the private sector. Federal procurement, directly or indirectly, influences about one job in four in the entire economy. And most most large national companies do business with the government,” including service and manufacturing companies that pay their workers relatively low wages, thwart unions and deny benefits. During a conference call this week on the report (hat tip to Campus Progress), experts pointed out: It seems Congress has given the administration the power to place conditions on those contracts–and the courts have backed them up. Ann O’Leary, a senior fellow at the Center for American Progress (CAP) senior fellow, notes that “This authority has been used by many presidents for many years.” If these aggressive enforcement and standards-raising actions were combined with effective messaging to scare the hell out of progressives and centrists over the prospect of a GOP and John Boehner take-over, it could conceivably make a difference — although time is running out before November. In his article, “Sweatshop Army: Why does the Pentagon use low-road companies to feed and clothe out troops?,” David Moberg points to the Wornick Company of Cleveland that pays its mostly immigrant work force less than $10 an hour, making it impossible for them to afford the company’s minimum health care plan. “Unfortunately,” Moberg says, “all too often the work on military contracts is ill-paid and abusive, just as it as at Wornick, and not an expression of government’s stated social policy, such as the 1935 Wagner Act’s commitment to encourage collective bargaining.” But more than just raising those contract workers could make a difference. As Demos summarized the authors and their key reform points: Harold Meyerson on the misclassification of regular workers as temporary or contract employees, and the potential impact of a high-profile and systematic enforcement effort targeted at the large companies that employee them. David Moberg on Pentagon contractors that are notorious low-wage employers, and why there is a national security case for government to set and enforce labor standards in defense contracting. This piece looks specifically at the principal contractors producing MREs and military uniforms. David Bensman, Professor of Labor Studies and Employment Relationships at Rutgers University, on federal reclassification of transportation workers and reforming US ports by modernizing safety systems and requiring trucker certification. Steve Franklin on how the Department of Agriculture, which spends upwards of800 million on produce for the school lunch program, can extend bargaining rights to farm workers and sponsor a bill of rights that includes access to sanitary facilities, clean water, and decent housing. Jan Breidenbach on making sure that government-sponsored green housing jobs, which includes the installation of solar panels and retrofitting homes, are high-wage jobs. And others on paying childcare workers a decent wage, insisting on high- quality manufacturing jobs, and the broad social and economic benefits of a high-wage workforce . As a St. Petersburg Times columnist observes: What can be done to undo the damage without legislative action, since Republicans will oppose anything proworker? Kuttner suggests that the most consequential immediate action Obama could take is to start using government’s buying power to reward good labor practices. It must be big-time, governmentwide, and high-profile. One in every four jobs in the economy is influenced by federal procurement, whether it’s foodstuffs for the military or Medicaid payments to nursing homes. Jobs in these industries could be transformed tomorrow if contracts were awarded only to employers who paid living wages, provided benefits, respected labor laws and didn’t interfere with unionizing. As Congress fights over tax breaks for millionaires, the administration could be changing the economic prospects of millions of low-skilled workers. Boosting pay and working conditions for, say, nursing home workers under new Medicaid rules could provide real hope to working poor parents. Yet in the political battles in the run up to the November, the upset victories of some Tea Party candidates in the GOP primaries are adding to the fears of some in the Democratic Party that a mobilized conservative base could trump Democratic arguments that the economy would be worse under the GOP. As Politico reports: Top Democrats are growing markedly more pessimistic about holding the House, privately conceding that the summertime economic and political recovery they were banking on will not likely materialize by Election Day. In conversations with more than two dozen party insiders, most of whom requested anonymity to speak candidly about the state of play, Democrats in and out of Washington say they are increasingly alarmed about the economic and polling data they have seen in recent weeks. They no longer believe the jobs and housing markets will recover — or that anything resembling the White House’s promise of a “recovery summer” is under way. They are even more concerned by indications that House Democrats once considered safe — such as Rep. Betty Sutton, who occupies an Ohio seat that President Barack Obama won with 57 percent of the vote in 2008 — are in real trouble. In two close races, endangered Democrats are even running ads touting how they oppose their leadership. “Democrats kept thinking: ‘We’re going to get better. We’re going to get well before the election,’” said one of Washington’s best-connected Democrats. “But as of this week, you now have people saying that Republicans are going to win the House. And now it’s starting to look like the Senate is going to be a lot closer than people thought.” But some progressives and Democrats are hoping that a more effective message — focusing on part on the consequences of Rep. John Boehner becoming Speaker of the House — might help mobilize voters to resist the upsurge in conservative-driven anger and keep enough Democrats in office. As Washington Post blogger Greg Sargent notes: There’s a reason the White House and Dems are throwing everything they have at John Boehner’s speech attacking Obama’s economic policies: Dems and White House advisers know they must not allow Boehner and the GOP to achieve a clean relaunch of their party and their ideas heading into the midterms. The big underlying fight right now is over whether Republicans will succeed in rebranding themselves, achieving separation from Bush and the party that ran Congress before the Dem takeover, or whether Dems will successfully convince the electorate that a vote for the GOP is a vote for the party that brought our economy to the edge of doom. So the White House is circulating a new set of talking points instructing Dems on the Hill and outside allies to reiterate these ideas: In a speech in Cleveland [this week], House Minority Leader John Boehner laid out Congressional Republicans’ economic dream. Their prescription for the future = the same policies that led to the worst recession since the Great Depression. They want more tax breaks for the rich, less oversight of Wall Street, and a tougher burden for middle-class families… Representative Boehner is ignoring his party’s own record, and he’s hoping that American families will, too. In the eight years before the Obama Administration took office, the Republican Leadership took the record surplus and turned it into a record $1.3 trillion deficit. Their irresponsible policies helped to create the worst economic downturn since the Great Depression, resulting in 22 months straight of job losses across America. Faced with these grim economic numbers, what can Democrats do now to save Congress? A progress writer at Daily Kos, writing under the name Meteor Blades, has some sound suggestions worth considering: To effectively put the Republicans on the defensive, the administration needs more than a message of the-economy-would-be-a-whole-lot-worse if-these-guys-had-been-in-power, even though that assessment is absolutely true. To this end, combined with a thorough thrashing of the GOP for its devil-take-the-hindmost policies, shortly after Labor Day, the administration should present basic elements of a new economic program for the next two years. It should be a program emphasizing our acute emergency, of course. But it should also lay the foundation for resolving some of the chronic problems that helped generate the emergency. That means, as so many critics have said, new approaches to trade, industrial policy, off-shoring, wage stagnation and arbitrage, and regulation. It should also look even deeper, how to deal with people’s needs for economic security in a world in which automation and other productivity-enhancing changes make the old job paradigm obsolete. No way, obviously, can reforms in all those areas be achieved in a mere two years, but a start can be made, a direction laid out. Such an economic program ought also to boast one big project, not just a flashy eye-catcher, but something practical, job-generating and an investment in the future. Replacing all our coal plants with clean-energy sources over a decade would be one possible choice with multiple benefits. But there are others. In the immediate future, these two messages could reinvigorate voters whose enthusiasm for keeping the Party of No out of office has waned during the past few months. Together, they would provide inspiring talking points to activists in the phone-bank and door-to-door trenches for their use in persuading Americans that staying at home, or choosing Republican candidates, will worsen the economic situation. But a far-sighted economic program must ultimately be about something far more important than merely winning an election. Yet given the cautionary tone and policies of the administration so far, even in the face of a continuing economic crisis and looming political disaster, it’s not at all clear such aggressive steps will be taken. UPDATE : There’s mounting evidence, according to the Congressional Budget Office, that President Obama’s stimulus package has had a positive impact on saving and creating millions of jobs. But it’s also transforming the economy, as a new Time magazine article highlights (hat tip to the Daily Beast )—but that reality hasn’t been translated into effective political salesmanship yet. ******************** This article originally appeared in the Working In These Times blog.

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Long-Term Jobless Get Their Money Back After Congressional Lapse

August 25, 2010

Most of the 2.5 million long-term jobless cut off from unemployment insurance during a 50-day congressional standoff this summer have received the money they missed. But for some, the back payments are not enough to make up for the financial burden caused by a lapse in crucial benefits. “By the time I received the money we had sold just about everything of value we owned in order to stay as close to current with all debts as possible,” wrote Steve Santos of Zion, Ill. in an email to HuffPost on Aug. 5. “I sold my golf clubs last week, the last personal item of value I had left. I have not played all year; I usually play every Sunday from April through October with a college buddy and others.” Santos, who said he lost his job as a retail manager in November, received the standard 26 weeks of state-funded benefits. But he was cut off from the federally-funded extended benefits as the Senate dithered over whether to reauthorize the benefits after they expired at the end of May. A spokesman for the Illinois Department of Employment Security told HuffPost the state paid 90 percent of back benefits by July 30. Santos said he received two lump sum payments totaling $2,497 shortly thereafter. “I wonder when and if I will ever find a job,” Santos wrote. “I am not entrepreneurial, but I have made money for every employer I had. I am 55, face a future of minimum wage or less, which in turn minimizes my already meager Social Security pension, if it isn’t torn from us. We lost all savings, including our 401K’s, using hardship clauses to withdraw them. So what hope does our future hold?” In some states, the local labor department was unable to get the money out so speedily. The Las Vegas Review-Journal reported that long-term jobless only received back payments last week because “the claims backlog created by the lapse overwhelmed the ability of the Nevada Department of Training and Rehabilitation to deliver the money.” Other states boasted they began processing claims the same day the president signed the reauthorization and finished distributing back payments within two weeks. Republicans in the Senate, joined by Nebraska Democrat Ben Nelson, blocked the extended unemployment benefits because of their $33 billion impact on the deficit — though not even fiscally conservative economists outside of Congress thought nickel-and-diming the unemployed was a smart strategy for deficit reduction. Republicans on the campaign trail, joined by colleagues in the House and Senate (and a few Democrats, too) suggested the extended benefits, which in some states gave the unemployed 99 weeks of aid, discouraged people from looking for work. Judy Barbee of Calvert County, Md. told HuffPost she lost her job as a senior legal secretary at a D.C. law firm in June 2009 and has since gone bankrupt and lost her house. “Not only do I job search daily, I have applied to hundreds of offers, but rarely get any kind of response.” Barbee said she withdrew $10,000 from her IRA and took a $9 per hour part-time job at a gas station after her benefits stopped. She said that with the reduction in her weekly benefit caused by the part-time work, her total income is $3 more per hour than it would be with the benefits alone. “Words are not enough to express how angry, frustrated, humiliated, and devastated I am,” wrote Barbee, 59. “It appears the elitists (Congress, corporations and their lawyers) are trying and succeeding in demolishing middle class America.” David Britton of Louisville, Ky. told HuffPost the chunks of money he received from the Kentucky Office of Employment and Training were gone within 28 hours as he paid off creditors. “What can’t be made up is the late fees, overdraft fees, and damage to credit etc. that occurs when you simply have no money,” wrote Britton, 60, who said he lost his job as a sales director in December. “Plus the creditors don’t go away. They extract promises for lump sum payments in the future where you hope to be employed. I will be facing quite a few of those in September.” Britton said he became adept at “existential unemployment decisions” during the congressional lapse, racking up more than $1,000 in overdraft fees to keep the electricity on and the rent paid, but let go of things like the phone and DSL. “I haven’t used my grill all summer,” he said — but he added that he’s optimistic about his prospects as a food- and beverage-industry consultant. The reauthorization that the Senate approved at the end of July lasts until November, when Congress will once again battle over whether to maintain the lifeline to the 6.5 million people who’ve been out of work for longer than six months.

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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Katy Welter: Want to Help Small Businesses? Move Your Money to One

August 23, 2010

Small banks are small businesses, too. And they pay it forward. When you keep your checking or savings account–yes, even those of you with what you perceive to be “small change”–with a local bank, that bank loans it to local business owners (among other borrowers). The Small Business Administration defines “small business” in a striking number of ways , but generally it is a business with fewer than 500 (in some industries 100 or 1,000) employees. According to 2004 census data, these small businesses create more jobs than mid-sized and large businesses combined . Your deposit in a small bank could mean one fewer person in the now-staggeringly long unemployment line. Small banks make significantly more small business loans than large banks, relative to the number of deposits they hold. While small banks hold only 12% of the country’s deposits, they make 20% of America’s small business loans . When it comes to loans for truly local businesses–loans under $100,000–small banks back an impressive 50% of them. And since the Small Business Administration estimates that half to two-thirds of new jobs are created by businesses with fewer than 20 employees, these small loans are critical to our growing economy. And this isn’t necessarily because big banks loan all their funds to big business: large corporations, after all, predominantly borrow in the form of bonds or commercial paper , rather than bank loans. Small banks not only loan more money to small businesses; they also help keep them in business by providing tremendously valuable advice. In the urban corporate world, big companies turn to professional consultants–large accounting, law, or investment banking firms–for advice on tax, legal, or other business strategies. Those brilliant consultants are either unavailable or unaffordable to small business owners. The community bank, instead, fills the shoes of all of the above. In advising their customers, small banks are also far more likely than big banks to meet with their business customers face-to-face, while the large banks tend to provide assistance over the phone, email, or mail. Small banks are able to advise their commercial customers because small bank lenders know their customers and they are intimately familiar with the community in which the business operates. Economists call this “soft information,” but this term undersells the value of a long-time lender-borrower relationship. Soft information is, for example, knowledge that a borrower has tremendous experience in an industry even if he may not have significant personal wealth or a long credit history. Soft information is knowledge that a borrower is the kind of person who will go to extraordinary lengths to repay a debt. Without small banks taking the time to learn this information, many small businesses simply wouldn’t obtain loans, since large banks require financial reporting and other standardized information that many entrepreneurs struggle to produce. After all, they are experts in their businesses–farming, small manufacturing, making pizza–and not necessarily finance. If small banks are making so many small, labor-intensive loans, then how can they also make a profit? One way is through long-term relationships. Customer turnover, like employee turnover, is costly. While large banks depend on high volumes of customers chasing “hot money” (ie, good, temporary deals on rates or terms), small banks try to stay out of this game by maintaining long term relationships, thereby keeping down advertising and interest rate expenses while encouraging bank officers to satisfy existing customers. These relationships promote higher repayment rates from borrowers, and also help banks make more knowledgeable, creditworthy loans. Small banks also save money while providing better service to small businesses through their simpler organizational structure. Because small banks tend to be organizationally “flat”–that is, they have fewer levels of management–small businesses can obtain loans, renewals, and extensions of credit in a more timely, less stressful way. This benefit came to mind recently as I watched a credit-worthy friend endure a refinance with Bank of America that took nearly three months! It was a pathetic display of inefficiency, ineffectiveness, and just plain bad service. And I can’t imagine how a massive organization with a byzantine structure can provide timely, consistently helpful service to small businesses. Small banks are the number one source of funding for the country’s greatest source of new jobs: small businesses. Help tip our fragile economy toward a bold recovery by moving your money to a local bank.

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Katy Welter: Want to Help Small Businesses? Move Your Money to One

August 23, 2010

Small banks are small businesses, too. And they pay it forward. When you keep your checking or savings account–yes, even those of you with what you perceive to be “small change”–with a local bank, that bank loans it to local business owners (among other borrowers). The Small Business Administration defines “small business” in a striking number of ways , but generally it is a business with fewer than 500 (in some industries 100 or 1,000) employees. According to 2004 census data, these small businesses create more jobs than mid-sized and large businesses combined . Your deposit in a small bank could mean one fewer person in the now-staggeringly long unemployment line. Small banks make significantly more small business loans than large banks, relative to the number of deposits they hold. While small banks hold only 12% of the country’s deposits, they make 20% of America’s small business loans . When it comes to loans for truly local businesses–loans under $100,000–small banks back an impressive 50% of them. And since the Small Business Administration estimates that half to two-thirds of new jobs are created by businesses with fewer than 20 employees, these small loans are critical to our growing economy. And this isn’t necessarily because big banks loan all their funds to big business: large corporations, after all, predominantly borrow in the form of bonds or commercial paper , rather than bank loans. Small banks not only loan more money to small businesses; they also help keep them in business by providing tremendously valuable advice. In the urban corporate world, big companies turn to professional consultants–large accounting, law, or investment banking firms–for advice on tax, legal, or other business strategies. Those brilliant consultants are either unavailable or unaffordable to small business owners. The community bank, instead, fills the shoes of all of the above. In advising their customers, small banks are also far more likely than big banks to meet with their business customers face-to-face, while the large banks tend to provide assistance over the phone, email, or mail. Small banks are able to advise their commercial customers because small bank lenders know their customers and they are intimately familiar with the community in which the business operates. Economists call this “soft information,” but this term undersells the value of a long-time lender-borrower relationship. Soft information is, for example, knowledge that a borrower has tremendous experience in an industry even if he may not have significant personal wealth or a long credit history. Soft information is knowledge that a borrower is the kind of person who will go to extraordinary lengths to repay a debt. Without small banks taking the time to learn this information, many small businesses simply wouldn’t obtain loans, since large banks require financial reporting and other standardized information that many entrepreneurs struggle to produce. After all, they are experts in their businesses–farming, small manufacturing, making pizza–and not necessarily finance. If small banks are making so many small, labor-intensive loans, then how can they also make a profit? One way is through long-term relationships. Customer turnover, like employee turnover, is costly. While large banks depend on high volumes of customers chasing “hot money” (ie, good, temporary deals on rates or terms), small banks try to stay out of this game by maintaining long term relationships, thereby keeping down advertising and interest rate expenses while encouraging bank officers to satisfy existing customers. These relationships promote higher repayment rates from borrowers, and also help banks make more knowledgeable, creditworthy loans. Small banks also save money while providing better service to small businesses through their simpler organizational structure. Because small banks tend to be organizationally “flat”–that is, they have fewer levels of management–small businesses can obtain loans, renewals, and extensions of credit in a more timely, less stressful way. This benefit came to mind recently as I watched a credit-worthy friend endure a refinance with Bank of America that took nearly three months! It was a pathetic display of inefficiency, ineffectiveness, and just plain bad service. And I can’t imagine how a massive organization with a byzantine structure can provide timely, consistently helpful service to small businesses. Small banks are the number one source of funding for the country’s greatest source of new jobs: small businesses. Help tip our fragile economy toward a bold recovery by moving your money to a local bank.

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Katherine Warman Kern: Innovation Is Relative

August 23, 2010

In John Kao’s Book, Innovation Nation , he says: “breakthrough technologies regularly set the stage for staggering waves of innovation.” In other words, he is establishing that new technology isn’t innovation. It simply creates the potential for innovation. This is a critical distinction. What are the factors that make the potential created by new technology realized? Alan Patrick , an author of the Big Potatoes: The London Manifesto for Innovation , provides a summary of the research he did on the pace of innovation : ” . . . I looked at . . . the history of innovation over the last 100 years, from 1909 to 2009. If I had a hypothesis before starting it would be that there was an accelerating pace of innovation. The results — so far — tell me that is not the case, and it is probably cyclical. In fact, one could argue that innovation in 1909, 1949 and 1969 was greater than 2009.” Alan told me that my Grandfather (1989-1990) probably experienced more “Future Shock” than I have. But while discussing this with my Grandfather’s daughter ( my “early-adopter” Mother who rightly says she has been much more likely to try new technology than her father ever did), I understood what John Kao meant when he said that “Probably, the most widely shared misconception about innovation is that it’s all about science and high tech.” My grandfather really didn’t have a reason to be motivated to use many of the new technologies which emerged in his lifetime. As a dentist, neither the telephone nor air flight were critical to expanding his revenue potential. He had plenty of business in his hometown to fill his calendar. No need for conference calls by telephone. All phone appointments were made through his assistant. In fact, he was never comfortable talking to me on the phone even when I was hundreds of miles away. He preferred letters. So he didn’t experience so much “Future Shock.” In fact, when interviewed by the local NBC affiliate on his 100th birthday and asked what the most important advancement in his time was, his answer — “The forward pass.” Why would he think allowing the forward pass in American football was the most important advancement in his time when automobiles, air flight, telephones, radio, television, film, etc. were introduced? Because football was his passion. The memories he cherished the most from his life were when he played football for his college team (picture scenes from the movie, Leatherheads ) and coaching football as a high school teacher before he went on to study to become a dentist. This implies that a factor that transforms a new technology into an innovation is the reason to use it. In other words, innovation is relative to the reason as much as the technology. This makes sense when you consider that people need a reason to be highly motivated to leave behind what is comfortable to discover new possibilities. What are the reasons that disrupt the ambiguity of the pros and cons of risking something new? In a previous post, I gave the example of turning a loss into a positive . In a subsequent post, I discuss the evidence that innovators and creators are playing it safe because the perceived risks are too high to explore possibilities with unknown outcomes. Next I will explore examples of reasons that have motivated people to “disrupt the ambiguity” created by new possibilities.

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Robert Kuttner: Zillions for Wall Street, Zippo for Barack’s Old Neighborhood

August 22, 2010

“The best lack all conviction, while the worst are full of passionately intensity.” — W.B. Yeats On Friday, the government moved to seize and temporarily shutter one of the truly heroic banking institutions of this dismal era for American finance — ShoreBank of Chicago. More precisely, ShoreBank of Barack Obama’s old neighborhood . Over the years, since its founding in 1973, ShoreBank had enabled thousands of moderate income residents to become homeowners, and thousands of small businesses to get credit, without ever playing the subprime game or making a single predatory loan. It was a model bank that earned a modest profit by delivering on a social mission. In the end, ShoreBank succumbed to the aftermath of a financial crisis made on Wall Street. Yet while the Treasury Department found hundreds of billions of dollars to rescue giant Wall Street institutions, it refused to come up with the $75 million for which ShoreBank qualified under the TARP program. A number of stories that I’ve reported about the wrongheaded priorities of the Obama administration leave me bewildered and exasperated. This one leaves me really angry. The bank will continue under new ownership and a new name, the Urban Partnership Bank, to be run by some recently hired ShoreBank executives, and which has pledged to keep the bank open and continue its basic philosophy. But owners of ShoreBank stock, which include many socially responsible investors, will have the value of their shares wiped out and the directors dismissed. And it remains to be seen whether some of ShoreBank’s social commitment will be compromised. Today, there is a whole category of bank known as a community development financial institution. This category did not exist until it was invented in 1973 by ShoreBank, then known as the South Shore National Bank. But ShoreBank did not set out to create a banking category, only to help a distressed community. Its idealistic president, Ron Grzywinski, now emeritus, had seen the effects of racial redlining first hand as a banker and community activist, and resolved to create a bank that could help the depressed South Shore neighborhood of Chicago regenerate by providing normal banking services to creditworthy borrowers. I first met Ron in 1975, when I was staffing hearings on redlining for my boss, Senator William Proxmire, then the new chairman of the Senate Banking Committee. When community groups helped us draft legislation requiring banks to disclose by zip code where they had loans, a bill that Congress passed as the Home Mortgage Disclosure Act, we had the entire banking industry lobbying against the bill. The sole banker we could find to testify in favor was Ron Grzywinski. Over the years, Ron and his colleagues built a model institution, and helped to transform South Shore and other depressed communities. In 1994, the Clinton administration, impressed by the achievement, enacted legislation to help create other community development banks. ShoreBank was the alternative to the predators that worked low income neighborhoods–the subprime sharpies, offering deals that were too good to be true, preying on the dreams of working people. Fast forward to 2009. ShoreBank is caught up in a crisis not of its own making. Loans that were perfectly well collateralized when they were made are now under water because housing values have dropped. Borrowers who had bankable credit ratings are now behind on their payments because they are out of work. ShoreBank booked a loss of $36.9 million in the first half of this year. In 2009, the Treasury Department, having dumped hundreds of billions through the TARP program to rescue Wall Street–$45 billion to insolvent Citigroup alone– grudgingly created a very modest refinancing and recapitalization program to help distressed community development banks. But almost immediately, Herb Allison, the assistant treasury secretary in charge of TARP, set standards so high that hardly any can qualify. Even so, ShoreBank managed to exceed the standards set by its prime regulator, the Federal Deposit Insurance Corporation. It raise some $150 million in new private capital, ironically much of it from the very institutions rescued by TARP, including Citigroup, Goldman Sachs, Bank of America, and Wells Fargo. Goldman’s CEO, Lloyd Blankfein, eager to show that he’s a white hat, personally worked the phone to raise money for ShoreBank. The money raised more than met the capital target that the FDIC had set as a condition for ShoreBank to get $75 million in TARP money (when Citi got TARP money, private investors were fleeing.) In the meantime, ShoreBank has had an exemplary record of modifying loans so that borrowers could avoid foreclosure. But in the end, the Treasury refused to put up its share of the money, requiring ShoreBank to be seized, closed, and reopened under new ownership? Why did the Treasury Department, which found almost unlimited sums for insolvent mega-banks on Wall Street, not cough up a relative pittance for ShoreBank, which was a going concern that had gotten a seal of approval from its primary regulator, the FDIC? There are a few explanations. One is that people like Tim Geithner and Herb Allison have their eyes focused on the big picture and don’t have much time or money for small fry like ShoreBank. A second is that after all of bad publicity for the first round of TARP credits to Wall Street, they have belatedly tightened their standards when it comes to community banks. But the saddest explanation is that the Treasury is bending over backwards not to help an exemplary community bank in Barack Obama’s old neighborhood, lest somebody accuse the administration of favoritism. And in fact, for weeks Republican congressman have been using Shorebank as a whipping boy. Fox News has been full of broadsides against ShoreBank . But the sacrifice of ShoreBank has done nothing to quiet the rightwing propaganda. Since the investors in the successor bank include some of the very same Wall Street banks that got aid from TARP, the rightwing storyline continues that Obama’s buddies on Wall Street are doing the administration a favor, and that this is a sweetheart deal. None of the explanations for the decision to let ShoreBank fail reflects credit on the administration. If the Treasury had one standard for the Wall Street and another for the south side of Chicago, shame on them. And if the administration failed to extend aid to a model institution serving the victims of the subprime mess in Obama’s old neighborhood for fear of Fox News, shame on the president. Appeasing the right does nothing except whet their appetite. When will the best–not the worst–display conviction, passion and intensity on behalf of a decent America? Robert Kuttner’s new book is “A Presidency in Peril.” He is co-editor of The American Prospect and a Senior Fellow at Demos.

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Richard Gaudreau: Are Loan Modifications Causing Foreclosures?

August 20, 2010

When the economy crumbled in 2008 as real estate values plummeted, Congress was under pressure to appease the public’s demand for action to stem the tide of foreclosures. Congress considered repealing the prohibition in the law against bankruptcy judges modifying the terms of predatory mortgages, but rejected that option, inexplicably taking its marching orders from bank lobbyists, the very industry that caused the economic collapse in the first place. Instead, in February, 2009, Congress passed HAMP, a loan modification program touted as the answer for American homeowners facing foreclosure. While HAMP permits the banks to pay “lip service” to their commitment to helping the American homeowner save their homes, the banks are well aware that most loan modifications requests fail. The banks are also aware that the price of failure is often a foreclosure precipitated at least in part by the HAMP requirement that homeowners must be in default on their mortgage before applying for a loan modification. One-and-a-half years after HAMP, the foreclosure rate continues to soar. For every one of the past 17 months, foreclosures have remained above 300,000 per month, an unprecedented event in American history. According to RealtyTrac, the foreclosure numbers for the first half of 2010 increased by eight percent compared to 2009, and the 2nd quarter of 2010 set a record for the number of foreclosures in a three-month period. Not only is HAMP helping far fewer homeowners than promised, there’s some evidence that HAMP may be leaving more homeowners worse off than if they never had entered the “loan mod” program in the first place. The government pays mortgage servicers $1,000 for each “loan mod” application. Studies have shown though that mortgage servicers stand to make far more in fees from a foreclosure than they ever will from a loan modification request. ( Why Servicers Foreclose When They Should Modify , Nat. Cons. Law Center, 2010). No one has ever accused corporate America of not knowing how to put its own self-interest first. Perhaps this is why my client’s complaints sound a consistent theme about loan modifications. They describe a bureaucratic nightmare, fraught with delay, and requests for the same documents again and again. Phone calls go unanswered and messages unreturned. When clients do reach a live person, they complain that the answers they get vary depending on who happens to pick up the phone that day. When homeowners ask their bank whether they’re eligible for a “loan mod,” they are incredulous to hear that they need to be at least 60 days behind on their mortgage in order to qualify. This is a rigid requirement. It doesn’t matter if a homeowner has managed to stay up to date only by liquidating a 401k or borrowing from parents. The bank won’t even consider a HAMP “loan mod” unless the mortgage is in default for 60 days. Many homeowners, already skating on thin ice financially, don’t need to be invited twice to begin missing mortgage payments. The banks do nothing to pre-screen homeowners to ensure they are good candidates for a loan modification. Unwitting homeowners, not realizing a loan modification will take from six to 12 months, often get far more than 60 days behind with the bank’s encouragement. In fact, one couple recently told me that the bank denied them a loan modification because they were “only” 60 days behind on the mortgage. The problem with requiring these kind of defaults is that it forces homeowners to bet their home on a successful outcome despite the fact most “loan mods” fail. HAMP requires a trial period of payments before a “loan mod” receives final approval. I have had several clients stuck in “loan mod” limbo making probationary payments for more than six months. During this process, one received a call from a bank collector apparently working from a list of people behind on their mortgage. This person asked if she was interested in one of their “loan mod” programs. My client informed him that she already enrolled in one so she was not interested in applying. She later learned that her answer was misconstrued to mean she was not interested in any program, and her application was canceled. This left her several months behind on her mortgage without a solution, jeopardizing her home. The overwhelming majority of “loan mods” are either denied outright or fail, leading to a foreclosure. One of my clients faced a foreclosure on July 30th after a “loan mod” denial, even though the HAMP regulations were amended in June 2010 to prohibit foreclosures while a “loan mod” is pending. One of the many problems with HAMP is that it is toothless, not providing any private right of action to homeowners to go to court to complain that their bank failed to follow HAMP regulations. This client had paid an internet company $2500 to do a loan modification for them. He still had to file a chapter 13 bankruptcy to save his home from foreclosure. The government imposes no penalties for banks that have backlogs of hundreds of thousands of loan modification requests. Banks, overwhelmed by the number of loan mod applicants, find it easier to cut down on the number of applicants by losing paperwork and creating other unnecessary hoops for homeowners to jump through. Many homeowners are so discouraged by this kind of institutional arrogance that they just stop trying. To the banks, this is just a number’s game, and they don’t much care that there are real people facing real disasters on the other end of any “loan mod” request that slips between the cracks. As one bank told one of my clients, “we don’t need to work with you, we’ve already been bailed out.” There’s no bailout for the little guy. That being said, there’s no reason a homeowner can’t complete a “loan mod” on their own if they are cautious. Here are some tips that might help homeowners trying to negotiate the ‘loan mod’ labyrinth on their own: (1) Given that HAMP is helping far fewer homeowners than expected, do a reality check on your monthly budget before applying for a loan modification. If juggling credit card payments is the only way you are able to afford your mortgage every month, hoping to drop your mortgage payment low enough to afford all your credit card payments is probably not going to work. That’s like trying to hit the perfect golf shot in a difficult situation. I can say from long experience that this doesn’t happen very often, so you might not want to bet your house on the outcome. If you can’t pay everything, prioritize your debt based on what’s most important to you. If you’ve already applied for a “loan mod,” paying your credit cards from the extra money created by your reduced mortgage payments may lead to a foreclosure if you are denied, unless you have a rich uncle to bail you out. (2) At the risk of oversimplifying, loan modifications are designed to lower your mortgage payment down to 31% of your gross income. If your mortgage payment is already lower than 31% of your gross, you probably won’t qualify. (3) If you decide to do a “loan mod,” don’t pay an internet marketing company to do it for you. Your desperation makes you vulnerable to being scammed. Even if you get lucky, there’s nothing they will do that you can’t do for yourself. If you want help, call your local HUD office for the telephone number of a HUD loan modification counselor near you or call 1-888-995-HOPE (4673). They will help you for free. (4) You might think providing all of the required documentation in a timely fashion is enough, but that just gets your foot in the door — you and the other few hundred thousand homeowners waiting for the same answer. Assume your bank is overwhelmed, will lose your paperwork and not return your phone calls as a means of controlling the number of “loan mods” it has to actually consider. Don’t take it personally. The clients that succeed have a bulldog persistence and aren’t shy about contacting their bank on a regular basis. Keep a copy of everything you provide the bank. (5) Don’t get any more than 60 days behind on your mortgage unless you are ready to give up your home if you aren’t approved for a “loan mod.” If your bank insists that you have to be more than 60 days behind before being accepted for a loan modification, ask them to put it in writing and file a complaint. Try to bank the money saved by not paying your regular mortgage payment, or the “loan mod” process may leave you in a worse position than you were before applying. (6) Keeping in mind that most banks have several “loan mod” programs available, you should make sure you’ve exhausted all the alternatives before accepting “no” for an answer. I had one client denied under HAMP who was able to avert a foreclosure by qualifying for another “loan mod” program, something the bank had never mentioned.

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Brett King: The Shrinking Value of Bank Branches…

August 19, 2010

I don’t know about you, but my time is one of my most valuable assets these days. I work long hours, I travel a lot, when I’m home I am struggling to find quality time (and quantity) with my kids, and I am increasingly trying to eek out a few minutes each day for myself. So anything that adds an additional demand on my time, better be worth it. So when a bank asks me to come down to the branch, or even presumes that I want to visit the branch – the question really is Why would I visit a branch? Read this personal finance ‘forum’ comment from a customer in respect to the branch. This sort of thing is increasingly common these days, and is representative of many customers these days: I’m a full time worker and rarely have the time to get out of the office during the day to eat, let alone do my banking. Last week I finally got my act together and booked an appointment to see my local in branch advisor for an account review – more in their interest than mine I would have thought. Anyway, when I arrived the queues back from the counter seemed endless, not enough staff behind the desk; nothing seemed to be moving AT ALL – and, tear my hair out time – the advisor turned out to be off sick that day!!! Why did no one bother to call me to let me know? No one seemed able to give me an answer. The experience has left me wondering why I bother having a local branch at all. It also made me realise that I’m actually pretty happy doing all my banking online or on the phone. So can someone tell me, WHAT is the need for a ‘local’ bank branch these days exactly? They seem a complete waste of space if you ask me… sezzie33 – MoneySavingExpert.com Forums Deloitte’s Centre for Banking Solutions attempted to answer why customers were less interested in the branch experience in this way… For decades, most people visited the branch for credit approval, to conduct transactions, learn about products and services, and for customer service. However, most credit approval processes moved out of branch networks over a decade ago. Today, many of the core transactions that were once conducted in branches are shifting to electronic forms or are being captured elsewhere. Adapting to a changing environment Evolving Models of Retail Banking Distribution, 2009 So with seemingly a real psychological challenge to why I would invest the time to visit my branch, and with a shift of core transaction types outside of the branch – what is the value of the branch today? The value exchange concept At the heart of marketing and customer theory is a concept of an exchange of value that occurs between two parties, this is compared with the intrinsic value that lies at the heart of a product, service, relationship, etc. In fact, believe it or not Karl Marx was one of the first to recognize this concept in his 1859 Contribution to the critique of Political Economy . It is the exchangeability of ‘value’ that contributes to economic interactions in society. But value has they annoying habit of changing over time. Take two examples of modern businesses whose value exchange has shifted. Pay Phones versus Mobile Phones I was in New York City for the BANK 2.0 launch a couple of weeks ago and I when I was walking the streets I saw something that I can’t recall seeing for, well years actually – a New Yorker using a public phone. Yes…a public phone. They still exist in small numbers in various locations – but the numbers are dwindling. Pay Phones are going the way of the Dodo – are branches next? The reason that Pay Phones are simply not popular anymore is that it is just far too convenient to carry around your mobile phone. Let’s face it. If you meet someone today that doesn’t own a mobile in the western world, it is somewhat anachronistic. So if you are a telephone company, how would you defend the ‘value’ of using a Pay Phone in today’s modern society? It’s tough… there certainly is no value proposition that is unique. In times past you’d say it was about convenience, but with mobile phones you could hardly defend the convenience of Pay Phones. Thus, Pay Phones are already virtually extinct. Blockbuster versus NetFlix If you are a Blockbuster Franchisee right now, you must have a pretty pessimistic view of the world. Blockbuster sprang into existence in the mid-80s to compete with the small mum and pop video stores which were around back then. Today Blockbuster operates about 6,500 video stores, serving more than 87 million customers in the United States, and 25 other countries. The thing is, that today with digital distribution through vehicles like iTunes, Hulu, Amazon, Playstation, Wii, etc and with NetFlix’s approach to both digital distribution and DVD-in-the-post, Blockbuster is in severe trouble. Blockbuster has already closed 1,300 stores last year, and has announced another 545 stores will close this year . However, this is just the start – in the near term physical stores for Blockbuster just don’t make sense. In terms of value – physical brick-and-mortar stores are no longer the mode we’ll get our content. We’re using cable with video-on-demand, and we’re downloading. There is a decreasing legacy business built around physical DVDs and Blue-Ray, but it is just a matter of time before this disappears entirely. In other words, when there is a modality shift like there has been around delivery of movie content – the value of the store in the process evaporates. The value has shifted in respect to branch Metro bank’s recent foray into the UK market has been hailed as the first new High Street bank in 100 years. The bad news is that like Pay Phones and Blockbuster, banks are really struggling to define the ‘value’ in the branch as modality in banking changes. The concept of queuing for even five (5) minutes these days is a negative (David Meister wrote on The Psychology of Waiting Lines also) – the longer the waiting time, the more serious the impact to customer service perceptions. If you don’t believe me – just check out a simple Twitter Search on what people are saying about queuing at banks ( Twitter Search “bank queue” ). In 2006, the European Banking Federation reported that a wait of more than 5 minutes was likely to jeopardize the entire relationship. McKinsey, in a whitepaper of 2007, still believed it was possible to increase value in-branch, by managing the customer experience as a whole. Conclusions… The reality today is that it’s increasingly hard for customers to understand why they should exchange their time for a lengthy, time-costly visit to the branch, when the value returned is poor. Having the ability to cash a cheque, apply for a loan or pay a bill is not a sufficient reason to give up my time at a branch, especially if I have to ‘wait’ in a queue. The reality is, that I can do those same things outside of the branch, which results in a much more efficient value exchange. So if you are in retail distribution for banking today – think about what value you offer. If it is anything I can do from my mobile phone, through the internet, on an ATM or a deposit machine – this has NO value in the branch. What does have value? A human interaction that can’t be replaced through digital channels – a deep advisory, sales engagement, with highly qualified staff (read not tellers ) What are you going to give me for my time? If you think I’m talking trash and the branch has some intrinsic value on its own, you probably are voting for mobile phones to disappear in favor of good old pay phones too…

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Liz Ryan: In These Times, Is Respect on the Job a Pipe Dream?

August 16, 2010

Dear Liz, I think you should have told the lady to take the job and forget those two days off before her start date. You should have told her: You should have just started when the manager told you to start without question. Jobs are hard to get these days and who needs someone that is just starting telling you how it is going to be? Revisit on the phone? Yeah, he probably doesn’t want you now because you are too bossy. Was it really a big deal for you to come in on those days? I think not. Sorry, but I wouldn’t want you to work for me. You have to realize everything here is not perfect. A two week notice is sometimes is great, but if the company needs you now, maybe not. This is my opinion only, but I think you are starting out “not nice.” You work for them & you can’t expect complete 50/50 respect. If you want to move up sometimes you have to eat a little crow or be unemployed. It is a fantasy to think employers are going to treat everyone with the utmost respect. What is your goal? To find the perfect company to be respected at? Or, to work and make money? I don’t know about you, but I would put my respect on the back burner if my family needs to eat. Maybe you are not that hungry. T Dear T, Here in our group and in our workshops and online courses, I teach and promote an idea called Career Altitude. It starts with the notion that we are in control of our careers. If we don’t respect ourselves, no one else will respect us. The ramifications of that thinking are huge and powerful. If we enter a job search under the frame “I’m not in power here, so I’d better get ready to grovel and flex,” we are done for. Job-search advisors across the country advise people to ‘go with the flow’ to get a job, but here, we advise them to stay in their power and insist on basic items like respect from a prospective boss. We get to decide whom to work with and for and how our talents and passions will find expression on the job. If we begin with the idea that jobs are hard to find and therefore we should grovel and cave, we are giving up our power to someone (an employer) who has something (a job opportunity) that we feel has more power than we do. I would never, ever promote that view, in a job search or in any other human interaction. If we can’t expect “complete 50/50 respect” from our employers, can we possibly respect ourselves? I teach the idea that we must respect ourselves enough to expect employers to respect us, also. Would we encourage a person to enter a romantic relationship, or stay in one, where he or she wasn’t respected? We would be horrified if someone said “My partner treats me badly, but I have to stay in the relationship because he or she has power, and I don’t.” We would encourage that person to get help, to take classes, to join a group, get therapy and improve his or her situation. Why would we feel differently if the abuse were happening on the job? No matter how hungry we are, if we decide that getting a job means abdicating our power and allowing ourselves to be disrespected, we are done. We’ve lost our mojo and our altitude. There is no job worth that cost. I hope you stick around in our group and keep reading the posts to see that we don’t have to choose between going hungry and becoming doormats. Best, Liz Liz Ryan www.asklizryan.com

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Liz Ryan: They Made Me an Offer but They Don’t Like My Start Date?

August 11, 2010

Dear Liz, I need your advice in a hurry! I got a good job offer at the end of last week. I signed the offer letter over the weekend and dropped it off in person yesterday. I didn’t have an appointment to do that, but I figured I’d check in with the manager in person. My hiring manager came out to the front lobby to talk with me. I handed him the signed letter and said “Shall we look at Monday, August 30 as my first day of work?” He recoiled a bit and said “That’s too late! Can’t you start on the 23rd?” I said, “If I give notice to my manager tomorrow, the 11th, and work for two weeks, my last day will be Wednesday, August 25th. I’ll have Thursday and Friday to take care of things at home and get squared away for the new job, and maybe be able to get away for the weekend. When I come in here on Monday the 30th, I’ll be rarin’ to go.” I wasn’t asking for a week off between jobs to recharge. My manager said, “Why don’t you come in here on that Thursday and Friday, and we’ll give you a couple of days off in two or three weeks.” Maybe I shouldn’t have, but I said reflexively “Would those be paid vacation days?” I figured if the guy is pressuring me, let’s see what he can do in exchange. He turned some color not normally seen in faces and said frostily “Should we revisit this on the phone?” He was standing right in front of me. I said “I have a minute now. Shall we go into your office and talk?” and he said “I have another meeting now.” What the heck Liz?!! Determining whether we have a deal (I’m supposed to be his new hire in what he’s described as an important management position) is a lower priority than whatever meeting is about to start? I was completely taken aback. When I’ve hired people, I have allowed them their two weeks notice at the old job plus at least a couple of days to relax. Then my manager’s reaction to my question, “Would those be vacation days?” really gave me pause. I’m not sure I want the job at this point. What do you think? Thanks, Marion Marion, You are listening to your gut and that is exactly what I recommend. Your new manager will NEVER love you more than he does right now. He will never treat you better than this. If his department is so poorly run that three more days without your presence would be so devastating, what could you possibly learn from him? You haven’t even started the job yet, and he’s foisting off his stress on you. Who would be so insensitive as to tell you to go directly from your going-away party (on a Wednesday?) to your first day at work without even one day off? Forget this guy. This is one of those dodged-a-bullet scenarios. It shocking to realize that we’ve missed some cues from the universe, but then again, when we miss the little cues, the universe tends to start giving us the really big ones! I give you credit Marion, because I don’t think I would have had the presence of mind or the moxie to ask “Will those be paid vacation days?” The manager’s reaction to your question spoke volumes. “Look at this impertinent Marion! Who does she think she is?” (Hey dude, don’t look so shocked — you seem to think I’m the White Knight whose presence in your department is so critical that it trumps my need to take two personal days between jobs. At the same time, I’m not important enough to get you to miss or reschedule your next meeting — even though I’m standing in front of you right now! Here, let me have that offer letter back. It’ll just take me a second to rip it into little pieces and hand it back to you.) Don’t be distraught, Marion. THANK THE UNIVERSE that you saw behind this loser’s polished facade before you starting working for the creep. Onward and upward, right? What other irons do you have in the fire? Cheers, Liz p.s. We have an online commun ity where we talk about this stuff all day long.

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