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Schultze Asset Management Founder George Schultze Delivers Key Comments in … PR Newswire (press release) PURCHASE, NY, June 16, 2011 /PRNewswire/ — George Schultze, Founder and Managing Member of Schultze Asset Management, LLC (“SAM”), was a key speaker at today’s European Family Office & Private Wealth Management Forum in Geneva, Switzerland. … Schultze Asset Management Founder George Schultze Delivers Key Comments in … SunHerald.com (press release) all 7 news articles »

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Family Office Exchange Names Director of Business Development PR Newswire (press release) CHICAGO, May 25, 2011 /PRNewswire/ — Family Office Exchange (FOX), a global organization supporting wealthy families and their advisors with research, consulting, networking opportunities, and education, today announced the addition of Leigh Faber as … and more »

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Simon Johnson: Derivatives Industry Report Collapses

February 15, 2011

The credibility of a major report commissioned by the “Derivative End Users Coalition” — run by big banks against implementing the Dodd-Frank reforms — just collapsed. As Andrew Ross Sorkin reports in the New York Times , the report has no meaningful substance — it is destroyed by the critique of Joe Stiglitz — and the consulting company (Keybridge Research) behind the report sought misleading credibility through falsely claiming affiliations with substantive academics. At the end of Sorkin’s article is a remarkable admission by Mr. Wescott, the president of Keybridge, conceding these facts: “When I told Mr. Wescott of Keybridge about Mr. Stiglitz’s comments, he replied that ‘the client had asked us’ to put the report together. ‘It was a hypothetical study.’” Mr. Wescott admits that it is a bogus study (“hypothetical”) that was “asked” for — and in exchange for a fee they delivered what was asked for, i.e., a report that has no basis in fact or credibility. (See also my points about the report’s lack of substance from yesterday. ) This is lobbying for favor on the basis of misrepresenting what is in the public’s interest. Nowhere in this Keybridge “study” or the Chamber’s press release or in any materials put out by the Coalition of Derivative End Users was any of this disclosed. The industry is making completely baseless claims — and must resort to this kind of hollow chicanery. This report is revealed as nothing other than a deliberate attempt to mislead the public and to fool people on Capitol Hill. Cross-posted from The Baseline Scenario .

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Odyssey Petroleum Corp.: Corporate Update

February 10, 2011

VANCOUVER, BRITISH COLUMBIA–(Marketwire – Feb. 10, 2011) – Odyssey Petroleum Corp. (TSX VENTURE:ODE)(FRANKFURT:YQN) has made a final application to the TSX Venture Exchange and is waiting for its acceptance for reinstatement to trading. Upon confirmation from the Exchange that ODE may resume trading, as announced in ODE’s Press Release dated January 21, 2011 the Company intends to continue preparation of required documentation to consolidate its share capital on a 20:1 basis, and to change its name to Petrichor Energy Inc., subject to receipt of regulatory acceptance. A further News Release will be disseminated once regulatory approval has been received and an Effective Date has been set.

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Odyssey Petroleum Corp.: Corporate Update

February 10, 2011

VANCOUVER, BRITISH COLUMBIA–(Marketwire – Feb. 10, 2011) – Odyssey Petroleum Corp. (TSX VENTURE:ODE)(FRANKFURT:YQN) has made a final application to the TSX Venture Exchange and is waiting for its acceptance for reinstatement to trading. Upon confirmation from the Exchange that ODE may resume trading, as announced in ODE’s Press Release dated January 21, 2011 the Company intends to continue preparation of required documentation to consolidate its share capital on a 20:1 basis, and to change its name to Petrichor Energy Inc., subject to receipt of regulatory acceptance. A further News Release will be disseminated once regulatory approval has been received and an Effective Date has been set.

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House Dems To Reintroduce Longshot Bill For Long-Term Unemployed

February 7, 2011

WASHINGTON — Democratic Reps. Barbara Lee (Calif.) and Bobby Scott (Va.) are reintroducing legislation this week to provide additional weeks of unemployment insurance benefits for “99ers,” the long-term jobless who have exhausted their benefits and still haven’t found work. “The bill that I am introducing with Congressman Scott, The Emergency Unemployment Compensation Expansion Act, would ensure that these long-term unemployed workers get the long overdue assistance that they need to support their families, make ends meet and contribute to our economy,” Lee said in a statement . “Our bill would add 14 weeks of emergency unemployment benefits and would make sure these benefits are retroactively available to people who have exhausted all their benefits and are still unemployed.” Given Republican hostility to additional deficit spending — Lee’s office said the cost of the extra benefits would not be offset — the effort will likely amount to little more than a reminder that long-term unemployment persists even though much of the nation’s political discourse is focused on signs of economic recovery. The Congressional Budget Office has estimated that 1.4 million Americans have been unemployed for as long as 99 weeks. Of the 13.9 million unemployed, 43.8 percent — or 6.2 million — have been out of work for six months or longer. Lee and Scott are holding a press conference on Wednesday to discuss the bill further. They will be joined by 99ers from an ad hoc online group that calls itself the American 99ers Union . “The American 99ers Union supports government spending that results in a positive return on investment,” a statement from the group said. “The Emergency Unemployment Compensation Act will effectively serve this purpose.” Lee and Scott expressed frustration last year, when they first introduced an extension bill, that President Barack Obama omitted help for the 99ers from the deal he struck with congressional Republicans that preserved tax breaks for the rich and reauthorized extended federal unemployment benefits through 2011. Federal unemployment benefits enacted in response to the recession provide the unemployed up to 73 weeks of benefits beyond the standard 26 weeks provided by states. (The full complement of federal benefits is only available in 25 states, so some exhaustees are not officially 99ers.) The Lee-Scott bill faces even tougher odds in the new Republican-controlled House of Representatives than it did last year in the previous Congress, when helping the 99ers was barely an afterthought. “If you’re serious about helping Americans on unemployment, you need to show how you’ll pay for the cost with cuts elsewhere,” a House GOP aide said. “If you don’t do that, you’re looking to issue a press release, not to actually help people.” Heidi Shierholz, an economist with the progressive Economic Policy Institute who supports the legislation and will attend Wednesday’s press conference, said there’s no economic reason for benefits to stop at 99 weeks. “There is no magic number of how long extensions should last,” she said. “There’s just nothing in the economic literature that says 99 weeks is the limit. It’s not like if we break the 100 barrier things are going to fall apart.” HuffPost readers: Long-term unemployment? Tell me all about it — email arthur@huffingtonpost.com . Please include your phone number if you’re willing to be interviewed for a story.

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ABN Newswire Announces New French, Thai and Portuguese Press Release Publishing Partnerships for Public Companies Seeking Investors

February 6, 2011

ABN Newswire Announces New French, Thai and Portuguese Press Release Publishing Partnerships for Public Companies Seeking Investors

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BAD NEWS: What Role Did Reporters Play In The Financial Crisis?

February 5, 2011

Given that some economists still debate the root causes of the Great Depression, little wonder that a multitude of competing stories still vies for affirmation as explanation for the financial crisis of 2008. Recrimination sometimes seems like the real American pastime, and the near-slide into the financial abyss presents a teeming buffet of potential culprits. Depending upon your ideological predisposition, the crisis owes to the greedy bankers who turned home loans into casino chips, or to the federal regulators who abdicated authority, allowing Wall Street to turn itself into a gambling parlor. It was homeowners who treated their mortgages like winning lottery tickets, cashing in through repeated rounds of refinancing. It was politicians who championed expanded home ownership with reckless tax incentives and mandates forcing banks to lend even to borrowers with sketchy credit. It was the Federal Reserve which kept interest rates too low for too long. But one segment of American society has largely evaded scrutiny in the search for the source of the disaster: the financial press. This is a dangerous oversight, argues journalist Anya Schiffrin in an intriguing and thoughtful new book, “Bad News: How America’s Business Press Missed the Story of the Century.” As the crisis begins to fade from memory, and as acute fear is predictably replaced by complacency, a rigorous accounting of what actually transpired is imperative. Schiffrin aims to impose that accounting on those of us who make our living writing about finance. Her findings are not comforting, suggesting that coziness with sources and a lack of financial acumen made many reporters vulnerable to bogus assurances that nothing was wrong. Schiffrin is herself a member of the tribe, having worked as a correspondent for Dow Jones news service in Vietnam during the Asian financial crisis (an experience that gave her an taste of the risks inherent in an economy shy of reliable information). She brings her experience and contacts to bear on this project, probing how shrinking budgets in a time of traditional media decline deprived many newsrooms of the resources needed to unravel a complex story, just as financial journalism confronted its ultimate test: a historic real estate bubble enhanced by the steroids known as derivatives. A necessary disclosure: I wrote a chapter of this book, examining my experience covering the crisis as the national economic correspondent for the New York Times . And I don’t fully buy into its overarching thesis that the reporting in the run-up to the crisis amounts to a systemic failure. As several chapters in Bad News make clear, a good deal of excellent work in the years before the crisis could have limited the pain had warnings been heeded–not least, work by my former Times colleagues Gretchen Morgenson and David Leonhardt, who sounded the alarm early on that home prices were getting well of whack with American incomes, setting up a fall. The trouble was that a louder chorus repeatedly drowned out this probing reporting about the magnitude of the real estate bubble–a steady celebration of permanently rising home price, the fantasy that propelled a construction binge, a mortgage bonanza and no end of wealth that got created along the way. That chorus abetted and enabled the capture of the regulators who are supposed to be able to tune out such noise while dispassionately scrutinizing the numbers. This is not to exonerate the press or chastise the lazy reader, the reflexive posture for many a scribe whose words have failed to produce happy results. Though the press rarely has the power to dominate events and does not make policy, we are collectively responsible for the understanding that our audience takes away from our words. And it is a fair hit to assert that we are prone to being manipulated and getting swept up in the excitement of the times, rather then stopping to ask the critical, typically difficult-to-answer questions that public service journalism demands. This is not so much because we consciously decide to become cheerleaders, urging on bubbles that take shape on our watch, but rather because cheerleading is the product of the easiest options that present themselves on any given day. Rising prices, soaring stock markets and the wealth accruing to executives overseeing the festivities are verifiable facts, whereas warnings and worrying entail the indulgence of conjecture and speculation, and they might turn out to be wrong. It takes a special breed of reporter to do the digging and put faith in their convictions as they take on the dominant narrative of the moment–particularly when that narrative is championed by prize-winning economists celebrated as wise men, such as the former Federal Reserve Chairman Alan Greenspan and his successor, Ben Bernanke, who played leading roles in convincing the public that everything was fine. I first saw this dynamic up close during the technology bubble of the late-1990s. I never heard one of my colleagues profess a desire to help the Nasdaq continue to multiply. I never was privy to a directive to tout the impregnability of every new dot-com that came along. But many writers effectively opted to play these roles by default in selecting the stories that were most readily available–profiles of start-ups arranged by ubiquitous public relations consultants; astounding tales of technological discovery; stories of the wealth being harvested from the market like the proverbial gold at the end of the rainbow. You could sit at your desk in any newsroom in America in 1999 and simply wait for a press release to arrive in your inbox or a wire story to be flagged by your assignment editor and soon find yourself writing about something that no one had ever written before–the largest merger in history! The fastest this! The slickest that! The path of least resistance turned journalists into boosters, while critical stories entailed a path into the wilderness, with no eager sources and only piles of inscrutable documents. Fundamentally, there is much to Schiffrin’s point that most reporters took the easy route in the years leading up to the financial crisis, which meant buying into the fantasy that justified ridiculously inflated housing prices. The real estate bubble so dominated the era that it caused even serious reporters to miss the underlying story: Tens of millions of Americans needed to use their houses as ATMs because their pay checks no longer delivered enough money to finance even middle class aspirations–health care when someone got sick, college for children, a functioning car to get to work. That is the broadest context in which to critique the financial press. We mostly missed the breakdown in the American middle class bargain, and so we did not appreciate how predatory lending effectively went mainstream. The more immediate coverage of the crisis and its aftermath has occasioned conspiratorial talk that the press oversold the fears of a systemic meltdown to help enable the Bush and Obama administrations to deliver the taxpayer-financed bailouts for Wall Street. Some have suggested that the financial press played a role much like the Washington press corps in the lead-up to the Iraq War, frightening the public with apocalyptic visions that required intervention. (Schiffrin cites the pre-Iraq War coverage as a potent example of coziness with sources yielding tainted journalism, though her critique is more systemic than conspiratorial.) As someone who sat inside one of the biggest newsrooms during the crisis, however, I reject the notion that has taken root in some quarters that we were essentially active participant in a government-directed con. Yes, there were good reasons to doubt the veracity of Bush’s Treasury Secretary, Hank Paulson, who had previously headed Goldman, as he warned in the fall of 2008 that the public either had to hand over $700 billion to Wall Street or invite a meltdown. Those doubts (which were duly reported at the time) have only intensified as the terms of the bailout have emerged, with Goldman managing to secure a ” backdoor bailout ,” through funds dispensed to the insurance firm American International Group. Continued investigation into the terms of the bailouts and how they came about is required. But the idea that the press was effectively complicit in an Iraq-style ruse, trumping up the mushroom clouds to justify the intervention, is misleading and unfair. The Bush administration doctored the intelligence to create a false perception of threat in Iraq. But economists and business people were genuinely and legitimately terrified of a potential repeat of the 1930s banking runs as major financial institutions teetered toward collapse in the fall of 2008. Money was freezing up, laying waste to companies, sending the unemployment rate soaring. There turned out to be no weapons of mass destruction in Iraq, despite the bad journalism that insisted otherwise–journalism that contributed to the stampede into the war. But you simply cannot say the same about the financial consequences at risk as the Bush administration crafted the bailouts. Did the trillions of dollars of interrelated and suddenly un-payable credit obligations constitute weapons of mass destruction pointed at the global economy? Maybe, maybe not. There was simply no way to be sure, and whatever the government did–wade in with a rescue, or stand back and watch–was bound to affect the outcome. Once the markets became ruled by fear, an expensive bailout was the price of preventing the worst. That bad news simply had to be reported, whatever the consequences, even as we knew that the stories themselves were adding to the fear. Bad News provides little reason to imagine that the press will heroically prevent the next crisis, figuring out where danger lies before everyone else does. Financial crises build over many years through the fabric of the culture itself, warping expectations, altering the risks people and institutions are willing to bear in pursuit of return on their money, while tilting the balance away from the intrusions of government regulation. Journalists operate within our culture, and we absorb collective understandings. Still, the basic critique of the book is instructive and worth contemplating. It boils down to most of us not cultivating a wide enough circle of sources. For anyone who writes about finance, it is worth pausing to consider where we regularly draw our information and then actively expanding that zone. It is worth looking at how many of our sources are people whose job descriptions include having to talk to reporters for a living. Because in this crisis, as in all such events, the warnings were never going to be obtained from people paid to talk to the press, a group dominated by the special interests that benefit from the status quo. The real insights were waiting in harder to reach places, among people who typically have good reason to avoid journalists–the ranks of mid-level managers inside predatory lending operations; those doing due diligence inside banks that were buying a selling radioactive securities; the growing ranks of regular families that could no longer pay the bills. In my own view, and from my own experience, blaming the press for the financial crisis is like blaming January for giving you a cold: You may have a point, but you better be prepared to dress warm again next winter. In both the technology bubble and the run-up to the Iraq War, a much stronger case can be made that shoddy reporting helped nurture disaster. Even by the everyday standards of journalism, bad information was presented as fact. But in the case of the financial crisis, the system did not fail so much as function according to the ordinary rules of engagement. This is Schiffrin’s fundamental point, and it amounts to bad news indeed. It would be so much more convenient if we could blame it on a Judy Miller, pin it on one guy who got it wrong, then lance that boil and feel better. But the problem goes right to heart of a press that simply reflects too few voices, often missing out on the ones that have something important to tell us.

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Allstate Retracts Failed Zodiac Joke

February 3, 2011

Is your Zodiac sign affecting your insurance rating? That’s what some were left wondering after Allstate issued a press release Wednesday listing accident rates of drivers based on their “new” zodiac signs , according to CNN . But few were left laughing, as many were shocked to think that the signs were actually being used to determine insurance rates. Allstate’s original astrological sign accident breakdown, from CNN Money : Virgo – 211,650 Leo – 179,657 Taurus – 177,503 Pisces – 172,030 Sagittarius – 154,477 Gemini – 136,904 Capricorn – 128,005 Aries – 112,402 Libra – 110,592 Aquarius – 106,878 Cancer – 101,539 Ophiuchus – 83,234 Scorpio – 26,833 After some backlash about the joke, Allstate quickly retracted the press release, and issued an apology for the confusion. From the Allstate retraction press release : We recently issued a press release on Zodiac signs and accident rates, which led to some confusion around whether astrological signs are part of the underwriting process. Astrological signs have absolutely no role in how we base coverage and set rates. Rating by astrology would not be actuarially sound. We realize that our hard working customers view their insurance expense very seriously. So do we. We deeply apologize for any confusion this may have caused.

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Al Norman: Wal-Mart Collapses On Civil War Battlefield

January 27, 2011

Another Major Historic Gaffe By Giant Retailer By Al Norman ORANGE COUNTY, VA. The historic Wilderness Battlefield in Fredericksburg, Virginia claimed another casualty this week: Wal-Mart. The southern-born retailing giant fell on its own sword by announcing abruptly on January 26th that it was withdrawing its plans for a superstore near the site where 29,000 soldiers perished in one of the most remarkable two days battles in the history of the Civil War. Wal-Mart’s surrender ended their 26 month siege of the Wilderness Battlefield, an attack that sparked national attention, activated numerous historic preservation groups, and aimed a barrage of bad press towards Wal-Mart headquarters. It was not a strategic attack worthy of a General Lee or Grant—and it ended with a low-key withdrawal. “We just felt it was the right thing to do,” a Wal-Mart spokesman told the Associated Press. This is actually the second major preservation gaffe by Wal-Mart in Frederickburg, Virginia. In the mid-1990s, I was invited to Fredericksburg, to help residents fight off a proposed Wal-Mart on the site of Ferry Farm—George Washington’s boyhood home. Augustine Washington moved his family to the Ferry Farm property in 1738, when his son, George, was six years old. George received his formal education during his years there, and forged friendships in the neighborhood that lasted the rest of his life. I told the crowd of activists fighting the Ferry Farm Wal-Mart, “I cannot tell a lie: this is most dumbest site I have ever seen for a Wal-Mart.” That is, until they amassed their corporate troops on the edges of the Wilderness Battlefield. An estimated 160,000 troops fought at the Wilderness. The Confederate Army and the Union suffered heavy losses. The battle was a tactical draw. But the Battle of the Wilderness marked the beginning of the end of the American Civil War. The Civil War Preservation Trust (CWPT) was one of the groups that took the lead in the pushback against Wal-Mart. “Do you believe a Wal-Mart Supercenter belongs within sight of both the Wilderness and Chancellorsville battlefields?” Jim Lighthizer, President of CWPT said in an email alert. “Do you want to see the historical significance of both of these irreplaceable battlefields marred forever by more pavement, more traffic and more development that a Wal-Mart Supercenter will bring in its wake? And do you want to see this land – within easy artillery range of Ulysses Grant’s headquarters during the battle of the Wilderness – turned into just another highway strip of big box stores, fast food joints and convenience stores?” The outcome of the Wilderness Battle may have been hard for Union or Confederate troops to predict at the time—but the political outcome of the Wal-Mart/Wilderness Battle 145 years later was never in doubt. Local officials favored the project even before the volley of facts against the project were fired. Wal-Mart marched by the Orange County Planning Commission on a narrow 5-4 vote, and the Orange County Supervisors voted 4-1 to grant a special permit for the project. Hardly a shot fired. But the Wilderness Battleground became a national flashpoint for sprawl. “The question for Wal-Mart, one of the world’s most successful corporations, is whether they need a fifth Wal-Mart within 20 miles to be sited on this ‘cathedral of suffering,’” said Vermont Congressman Peter Welch. Actor Robert Duvall visited the site in opposition. “I believe in capitalism, but I believe in capitalism coupled with sensitivity. Sensitivity towards historical events and the feelings of the people of this whole area.” Duvall offered to “graciously chase out” Wal-Mart from the Wilderness site. By 2009, Wal-Mart was digging in to make its stand at the Wilderness. “Two years ago,” a company spokesman said, “the county decided this site was one where growth should occur. We have looked at alternative sites and there are other sites but they require rezoning. There is no guarantee the county would approve another site.” Facing almost certain litigation, Wal-Mart squared off gainst its enemies. In a press release dated September 23, 2009, the National Trust for Historic Preservation fired its legal ammunition. The Trust said the superstore “would harm the historic battlefield and encroach upon the Fredericksburg & Spotsylvania National Military Park…The County has responsibilities to protect those historic resources under Virginia law and under the County’s own Comprehensive Plan for development.” The Trust was ultimately denied legal “standing” in the case, but other parties continued the charge. The lawsuit was filed in the Circuit Court of Orange County. Seven and a half months after the appeal was filed, the plaintiffs won the first skirmish. A Judge in the Orange County Circuit Court ruled that opponents had the legal right to move forward with their lawsuit. The Judge found that a huge Wal-Mart superstore raised valid concerns about increased traffic and litter. “The use of land by an establishment like Wal-Mart could have an adverse and immediate impact,” the Judge wrote. Six neighbors were given “standing” in the case. They are Curtis Abel, Sheila Clark, Dwight L. Mottet and Craig Rains, all residents of Lake of the Woods, and Susan Caton, owner of Susan’s Flowers Etc. in Locust Grove; and Dale Brown, who lives in Spotsylvania County. Brown can see the project from his property. These local residents have helped topple the largest retail corporation on the planet. One day before the trial was to begin, Wal-Mart hoisted the white flag. Rather than face a string of bad headlines, and ultimately lose their case, Wal-Mart withdrew its artillery. “I hope this sends a message not only to Wal-Mart but to other developers that the preservation community is willing to fight for historic sites,” said a lawyer representing the plaintiffs. Jim Lighthizer was gracious in victory. “We have long believed that Wal-Mart would ultimately recognize that it is in the best interests of all concerned to move their intended store away from the battlefield. We applaud Wal-Mart officials for putting the interests of historic preservation first. Sam Walton would be proud of this decision.” Actually, I imagine that Sam Walton would have wondered what bonehead at Wal-Mart Realty could have settled on such a controversial site. But Wal-Mart blundered onto Ferry Farm, and then repeated the mistake at the Wilderness Battlefield a decade later. What these very public defeats make clear is that Wal-Mart has learned nothing from its own arrogant corporate history. Al Norman is the founder of sprawl-busters.com. He has been helping communities fight big box sprawl for the past 17 years.

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Lynn Parramore: Another Big Kiss for Big Business? Volcker out, Immelt in

January 21, 2011

Today, President Obama welcomes Jeffrey Immelt to his White House inner circle as chair of a newly created jobs council after saying good-bye to economic adviser and Wall Street critic Paul Volcker, who is leaving after a two-year term. Is this good news for workers… or corporate executives? Our economic brains at the Roosevelt Institute weigh in. Volcker out and Immelt in, because the administration now wants to emphasize ‘recovery’ and ‘jobs’ instead of ‘crisis stabilization’? Since when did any stabilization not include jobs as a top priority? What we actually have here is the disappearance from the scene of the best known and most visible critic of the excesses of the financial sector and his replacement by the sitting CEO of a company that is heavily dependent on government aid of all sorts, including diplomatic assistance to invest more in China. This is not about jobs, but political money — the White House knows that after Citizens United, it will need to raise about a billion dollars — that’s right, a billion — for its reelection campaign. That’s the context in which this and its other recent appointments need to be judged. ~Thomas Ferguson, Roosevelt Institute Senior Fellow and Professor of Political Science at U Mass, Boston President Obama seems to be putting all efforts into cultivating the confidence of the corporate community. One can see the appointment of Mr. Immelt in this light. It is an interesting question as to whether the CEO of a multinational corporation that employs many people outside of the USA will be a leader who aligns his thinking with the needs of the American people and job creation within the 50 United States. Corporations with large Foreign Direct Investments have very interesting incentives regarding military spending, exchange rate negotiations and labor policies that may not align with the well being of our citizens. It is important that Mr. Immelt embrace the larger concerns of U.S. society if he is to be a successful public servant and foster the reelection of President Obama in 2012. ~ Robert Johnson, Roosevelt Institute Senior Fellow and Director of the Institute for New Economic Thinking GE Capital, the major subsidiary of GE, is a major shadow bank. It used GE’s high-quality credit rating to become a major player in the capital markets, much in the same way AIG FP used the boring insurance industry’s high credit rating. GE Capital was the single largest issuer of commercial paper going into the financial crisis…GE has been at the forefront of blurring a ‘financial services’-centric model of business onto the remains of a hollowed-out manufacturing base, one kept in a minimal state just strong enough to qualify for high credit scoring…All in all, not especially a big win for the Jobs and Competitiveness. ~ Mike Konczal, Roosevelt Institute Fellow (read further analysis from Konczal on this topic here ). *Ferguson’s comments also appeared in a press release put out by the Institute for Public Accuracy . Cross-posted from New Deal 2.0 .

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Watchdog Claims Conspiracy Driving Rules On For-Profit Colleges

January 20, 2011

A Washington advocacy group is claiming that Wall Street investors have conspired with the Department of Education to craft rules that would damage for-profit colleges to drive down their stock prices and allow short-sellers to profit. The as-yet unsubstantiated conspiracy theory — advanced in a press release Wednesday — underscores the intensity of the campaign by for-profit colleges to derail proposed federal rules that could tighten their access to federal aid dollars. The new rules come in response to a growing body of evidence that for-profit colleges such as the University of Phoenix and Kaplan University have left graduates suffering under debts they cannot repay given the meager wages they typically earn. In the press release, the self-described watchdog, Citizens for Responsibility and Ethics in Washington (CREW), portrays the rule-making as little more than a ploy aimed at driving down stock prices of the publicly-traded companies that operate for-profit colleges so that savvy short sellers can cash in. “Wall Street investors have been working with high-ranking education officials to craft regulations, allowing them to net millions of dollars through the short sale of for-profit college stocks,” declares the press release. When pressed for evidence of this conspiracy, the group’s executive director, Melanie Sloan, cited e-mails that did little more than establish that department of education officials have met with one prominent short seller, Steve Eisman, who Michael Lewis profiled in his best-selling book The Big Short . In recent months, Eisman has emerged as a strident critic of the for-profit college industry, asserting that it fleeces taxpayers and preys on students. Asked to explain how a meeting between the government agency and a critic of the for-profit industry amounts to proof of a conspiracy, Sloan said only that Eisman was unfit to offer advice on the subject. “They should be cautious, given that Eisman was making money on the market fluctuations,” she said, referring to the profits he garnered by betting against mortgages. Eisman declined to comment. A Department of Education spokesman dismissed the allegations as “patently ridiculous,” adding that officials gather information from a wide range of sources in drafting all regulations, including members of the for-profit sector. Stocks of companies that own for-profit colleges have indeed dropped significantly over the past year in anticipation of the Department of Education’s new rules, and after public statements made by Eisman. Another major trigger for plummeting stocks was the release of a Government Accountability Office report last year that found widespread fraud in recruitment practices at several for-profit colleges. None of the e-mails referenced by the group indicate that Eisman’s sentiments played any role in shaping the rules being crafted. CREW describes itself as a “non-profit legal watchdog group dedicated to holding public officials accountable for their actions.” But the group’s executive director, Sloan, had planned to join a prominent Washington lobbying firm that represents the for-profit college industry, Lanny J. Davis and Associates. Davis has been in the center of a bruising battle over new rules that could restrict the for-profit college sector’s access to federal student aid money, the lifeblood of the industry. Davis has become a lighting rod in Washington for his paid representation of highly controversial figures, among them the Ivory Coast dictator Laurent Gbagbo. A press release announcing Sloan’s hire last November quoted Davis saying he was “thrilled” by the addition to his team. But Sloan said Wednesday she plans to remain at CREW indefinitely and has no ties to Davis. She did not explain the discrepancy between her statement and the press release. “I think I am being clear,” she maintained. “I don’t work with the coalition or Lanny Davis.” Davis said Sloan might yet join his firm, though the timetable is “still uncertain.” He added that she would not be working on for-profit college rules regardless. Davis’ most recent lobbying disclosure form lists only two clients for the firm, the Coalition for Educational Success and Martek Biosciences Corporation. Both the Coalition for Educational Success, the trade group represented by Davis, and CREW have sued the Department of Education, seeking documents and correspondence that policymakers had in the lead-up to the development of the new regulations for the for-profit sector. The regulations aim to curb some of the more controversial trends for the for-profit education sector, including high student loan default rates and excessive burdens of debt compared to the salaries students attain after graduation. The for-profit education industry has waged an extensive advertising and e-mail campaign against the so-called “gainful employment” rules being considered by the Education Department, arguing that the rules would limit low-income students’ access to college and would hold for-profit schools to a different standard than public or private non-profit colleges. Davis and Sloan have frequently assailed statements made by Eisman, the Wall Street short seller who famously bet against the subprime mortgage market and has since turned his attention to what he portrays as predatory recruitment and financial practices by for-profit colleges. At industry conferences and in testimony before the Senate, Eisman has excoriated the for-profit sector for vacuuming up federal student aid, leaving students with excessive debt burdens. In a speech made at an investment conference last May, Eisman likened for-profit colleges to subprime mortgage lenders. “Are we going to do this all over again?” he asked. “We just loaded up one generation of Americans with mortgage debt they can’t afford to pay back. Are we going to load up a new generation with student loan debt they can never afford to pay back?” CREW claims that Eisman’s depictions are not motivated by civic interest, but rather personal investor gain. His mere meeting with Department of Education officials crafting the new rules amounts to proof of an improper proceeding, the group claims. “Education officials knowingly allowed that process to be tainted by the undisclosed role of short-sellers, seeking to use the regulatory arena to manipulate the financial markets and drive down the share value of for-profit education companies, all for their own personal gain,” declares a letter CREW sent Wednesday to Education Secretary Arne Duncan. The letter asks that Duncan investigate the matter.

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‘The Most Amazing Press Release Ever Written’

January 12, 2011

The folks at PitchPoint Public Relations have really taken the press release genre to a whole new level. PR Newswire has posted a press release that is, in the words of its author Mitch Delaplane of PitchPoint, “the most amazing press release that has ever been written.” In an innovative approach to what can be deadly dull, Delaplane has written a press release that exists exclusively to call attention to its own greatness. “I’ve been in the business for over ten years and have to say, I’m speechless,” claims Delaplane.  ”The title alone grabs you and demands that it be read.  Then there’s this quote that completely takes things to an entirely new level.  I’m proud of this press release.  In fact, I think it is [really] amazing.” Read the full release below to soak in the totality of its awesomeness (h/t techcrunch ). The Most Amazing Press Release Ever Written PR Professional Distributes Groundbreaking Press Release CHICAGO, Jan. 11, 2011 /PRNewswire/ - Mitch Delaplane of PitchPoint Public Relations has issued the most amazing press release ever written.  While hundreds of press releases are distributed daily, Delaplane feels this particular release will go down in history as the most amazing press release that has ever been written. “I’ve been in the business for over ten years and have to say, I’m speechless,” claims Delaplane.  ”The title alone grabs you and demands that it be read.  Then there’s this quote that completely takes things to an entirely new level.  I’m proud of this press release.  In fact, I think it is [really] amazing.” Typically reserved for company news announcements and other public relations communications, the press release has long been the favored default for informing media about exciting, groundbreaking news.  Then this news release comes along and changes everything people thought they knew about press releases. “I’m quoting myself again because the first quote didn’t do it justice,” says Delaplane.  ”If you’re still reading this news release, then you know what I’m talking about when I say it’s something special.  In fact, it’s 483 words of pure awesomeness.  When it crosses the wires, I believe history will have been made.” The science behind this Earth-shattering news release lies in its simplicity – no science, just pure old press release craftsmanship.  It started with an incredible brainstorming session that asked a very simple question: “what makes a press release amazing?”  Elaborate notes from that brainstorm were then formulated into mesmerizing sentences, paragraphs and pages…all expertly designed to make you pause and reflect at the brilliance of this press release. Every single word of this news release was track changed, stetted, then track changed again to its original draft.  Upon final approval, it was spell checked, fact checked and printed for posterity.  The result is a two-page, 1.5-spaced news release that is like no other news release in existence. According to PitchPoint Public Relations you have just read the most amazing press release ever written.  If you agree, tell Mitch at mitch@pitchpointpr.com or follow him on Twitter at Lifeisamitch. If you disagree, issue your own press release and prepare for war.

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Al Norman: The Wal-Mart/Netflix Conspiracy: Bad Movie

January 2, 2011

Judge’s Ruling Clears Way For Class Action Litigation OAKLAND, CA. — It must have seemed like a great plot line at the time. On May 19, 2005, Wal-Mart and Netflix put out a press release announcing that the companies’ two online retail sites would “promote each other’s core business.” The deal was described as a “joint promotional agreement” which would allow each company to benefit from each other’s “complimentary expertise.” The agreement was a non-compete deal which divided up the DVD market by drawing a bright line separating DVD rentals from sales, based on the companies’ strengths. Netflix would promote Wal-Mart’s sale of DVD movies, and Wal-Mart would promote Netflix’s DVD rental business. Neither company would intrude onto the other’s territory. According to their joint press release, the two companies agreed “to market one another’s key movie business at their respective websites.” Wal-Mart agreed to stop its DVD rental service — which it did in June of 2005 — and its rental customers would “be offered the option to become Netflix subscribers at their current Wal-Mart rate for one year from the date they sign up.” Wal-Mart also agreed to use its website, walmart.com, to promote and refer customers who wanted to rent DVDs to Netflix. To this day, walmart.com/movies does not rent DVDs. In return, Netflix, which claims to have more than 16 million members, agreed to promote Wal-Mart’s online movie sales, including a pre-order price guarantee, which Netflix allowed to be accessed from its website, and promoted through mailers sent to Netflix subscribers. The pre-order price guarantee ensured customers the “lowest available price on pre-order movies,” according to the companies’ joint statement. In response to this “agreement” between two of its rivals, Blockbuster advertised a special offer to Wal-Mart and Netflix DVD subscribers: if a Wal-Mart or a Netflix subscriber switched to Blockbuster’s online DVD rental service, the subscriber got two months of free service, a free DVD of their choice, and a freeze of their subscription rate for a year. “We’ve experienced tremendous growth in our online movie sales,” said Wal-Mart’s chief marketing officer for the retailer’s website, “and are committed to enhancing our focus in this business at Walmart.com. We’re equally excited to team with Netflix, the pioneer of online movie rentals, which not only distinguishes both of our core online competencies, but offers a complementary solution of value, service, and convenience to customers.” Netflix’s CEO, Reed Hastings, added: “This agreement bolsters both Netflix’s leadership in DVD movie rentals and Wal-Mart’s strong movie sales business, while providing customers even more choices and convenience. Both companies will continue to expand their respective leads in providing the best in movie entertainment to millions of online customers.” But for DVD rental subscribers, it was not apparent how this deal translated into “more choices and convenience.” Instead, it looked like a choice made for the convenience and profit of the retailers — not for consumers. The deal ended major competition in DVD sales and rentals. Netflix told its investors that it believed the agreement “would not materially impact the company’s current subscriber growth or financial performance.” Netflix boasted that teaming up with Walmart.com would bolster the company’s competitive position, because the popularity of Walmart.com and the Web site’s traffic “offer an opportunity for increased awareness and referrals to the Netflix service.” This week, the Netflix/Wal-Mart DVD deal was back in the headlines — but with a negative spin. A U.S. District Court Judge in Oakland, California ruled that a Netflix subscribers’ lawsuit brought in 2009 challenging the DVD agreement as monopolizing the market could proceed as a class action lawsuit. In an order dated Dec. 23rd, Judge Phyllis Hamilton ruled that the plaintiffs were “united by common and overlapping issues of fact and law.” According to the lawsuit, the alleged conspiracy began when the chief executive of Netflix, met the CEO of Walmart.com for dinner in January 2005 to discuss how to push back competition in the DVD market in the U.S. At that time the Netflix and Wal-Mart website were competitors in online DVD rentals. The lawsuit charges that Netflix and Wal-Mart colluded to divide the DVD market and reduce competition when they announced their “joint promotional agreement.” The lawsuit claims that this agreement was reached after main rival Blockbuster began challenging Netflix by renting DVDs online. Netflix’s agreement with the Arkansas-based retailer removed Wal-Mart as a rental competitor, and gave Netflix an advantage over Blockbuster by having Wal-Mart directing subscribers to Netflix. Despite their market agreement with Netflix, Wal-Mart dropped hands with its partner when the lawsuit was filed. The giant retailer — no stranger to class action litigation — decided to settle with the plaintiffs, and reportedly will end up paying out $40 million to erase the claim. A hearing on the Wal-Mart motion will be held in early February. Netflix is not part of that settlement — it was a deal that Wal-Mart cut on its own The Judge agreed that the Wal-Mart/Netflix alliance kept DVD rental prices higher than they would have been in a fully competitive marketplace. “As a result, millions of Netflix subscribers allegedly paid supracompetitive prices,” the Judge wrote. At the time of the Wal-Mart/Netflix deal, Blockbuster had approximately 9,100 stores worldwide. That number today has fallen to 7,000 stores. In 5 years, Blockbuster has been forced to shut down 23% of its stores. Blockbuster now tells its shareholders “the Company is no longer just a chain of video stores… Blockbuster now offers convenient access to media entertainment any where and any way consumers want it — whether in stores, by mail, through vending / kiosks or digital download.” Now that a judge has ruled the plaintiffs can form a class, Netflix may be forced either to appeal the decision, or face years of litigation. A company spokesman told the Associated Press, “The case has no merit and we’re going to continue to defend it.” At least Wal-Mart understands how this movie ends: it has learned to treat class action lawsuits as a loss-leader, settling dozens of them. Netflix should download Wal-Mart’s script: settle the case, admit no wrong-doing, pay millions to the plaintiffs, and get back to its “core competency.” Al Norman is the founder of Sprawl-Busters, and the author of the book “The Case Against Wal-Mart.” He can be reached at info@sprawl-busters.com

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Tax Cut Bill Signed By Obama Packed With Obscure Stocking Stuffers For Businesses

December 24, 2010

WASHINGTON — The massive new tax bill signed into law by President Barack Obama is filled with all kinds of holiday stocking stuffers for businesses: tax breaks for producing TV shows, grants for putting up windmills, rum subsidies for Puerto Rico and the Virgin Islands. There is even a tax break for people who buy race horses. Millions of homeowners, however, might feel like they got a lump of coal. Homeowners who don’t itemize their deductions will lose a tax break for paying local property taxes. The business tax breaks are part of sweeping legislation that extends Bush era tax cuts for families at every income level through 2012. Obama signed the $858 billion measure a week ago. It also provides a new payroll tax cut for wage earners and extends jobless benefits to the long-term unemployed. Most of the business tax breaks – about 50 in all – are part of a package that expires each year, creating uncertainty for tax planners but lots of business for lobbyists. Many of these tax breaks have been around for years but expired at the end of 2009 because lawmakers couldn’t agree how to pay for them. The new law extends most of them through 2011, some through 2012. They will be paid for with borrowed money. Nearly 1,300 businesses and trade groups formed a coalition urging Congress to extend the business tax breaks. Others lobbied for specific provisions, including a generous tax credit for research and development and subsidies to produce alternative energy. There is a generous tax break for banks and insurance companies that invest overseas, a tax credit for railroad track maintenance, more generous write-offs for upgrading motorsport race tracks, and increased deductions for businesses that donate books and computers to public schools and libraries. Many of the tax breaks are designed to encourage economic activity. But passing them each year at the last minute, or skipping a year and passing them retroactively, isn’t terribly efficient, said Clint Stretch, a tax expert at Deloitte Tax LLP. “It gives it a lot of dignity to call it a `system,’ ” Stretch said. Every year, taxpayers risk losing their favorite tax breaks, if they are not renewed. That’s what happened to millions of homeowners. For 2008 and 2009, homeowners who didn’t itemize their deductions were able to get an extra deduction – on top of the standard deduction – for paying local property taxes. Individuals could reduce their taxable income by as much as $500, couples could cut theirs by $1,000. The provision, which has saved homeowners about $1.6 billion a year, expired for 2010 and was left out of the new tax law. “A lot of Americans don’t make so much money that they itemize their tax returns. But those same Americans own property,” said Sen. Max Baucus, D-Mont., who sponsored the original tax break. “It seems to me that they, too, should have the ability to deduct it. It’s a matter of equity.” Taxpayers who itemize will continue to be able to deduct local property taxes. About two-thirds of tax filers don’t itemize. Among the provisions in the new law: _A tax break that allows profitable companies to write off large capital expenditures immediately – rather than over time – giving some companies huge tax shelters. The tax break, known as bonus depreciation, benefits automakers, utilities, heavy equipment makers like Caterpillar Inc., and John Deere, air freight companies like Fedex Corp., and wireless companies like Verizon and AT&T, said Anne Mathias, director of research for the Washington Research Group, which provides research to institutional and corporate investors. It will save companies nearly $21 billion over the next decade. “It helps companies that use expensive capital equipment, that spend a lot of money,” Mathias said. “It also helps places where the economy is growing, like wireless infrastructure, because there is a pretty big wireless build out right now.” The tax break is also available to people who buy race horses and farmers who buy cattle for breeding or dairy, according to a depreciation list produced by the Internal Revenue Service. _An exemption that allows banks, insurance companies and other financial firms to shield foreign profits from being taxed by the U.S. through 2011. Cost: $9.2 billion. The tax break is important to major multinational banks and financial firms, such as Citigroup, Bank of America, Goldman Sachs and Morgan Stanley, and to the financing operations of other international companies, Mathias said. _A tax credit for research and development, benefiting a wide range of industries, including pharmaceutical and high tech companies. The law extends the tax credit through 2011, at a cost of $13.3 billion. “The House and the Senate are in the holiday spirit and giving US companies a present of $13 billion in potential R&D Tax Credits!” says a press release by Braithwaite Global Inc., a firm that advises companies on applying for research tax credits. _Increased tax rebates to Puerto Rico and the Virgin Islands from a tax on rum imported into the United States. The U.S. imposes a $13.50 per proof-gallon tax on imported rum, and sends most of the proceeds to the two U.S. territories. Previously, the rebate was $10.50 a gallon. The new law extends a more generous rebate of $13.25 a gallon through 2011. Cost: $262 million. _Extends a grant program for the production of wind, solar and other renewable energy through 2011. Cost: $3 billion. “This is a great holiday present for the 85,000 American workers in the wind energy industry, tens of thousands of whom will now be able to get back to work in a sector that has been a bright spot in the recession so far,” Denise Bode, CEO of the American Wind Energy Association, said in a statement. _Extends a 50 percent tax credit for expenses related to railroad track maintenance through 2011. Cost $331 million. _Enhanced deductions for companies that donate food to the needy, books to public schools or computers to public libraries, through 2011. Cost: $537 million. _A tax break that allows TV and movie productions to more quickly write off expenses, extended through 2011. Sexually explicit productions are ineligible. Cost: $101 million.

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Robert Reich: Why Aren’t Business Leaders Standing Up to the Tea Party?

October 29, 2010

America’s business leaders have not exactly shied away from offering political views. Verizon CEO Ivan Seidenberg has accused President Obama of creating a hostile environment for investment and job-creation, while General Electric’s Jeff Immelt says the administration is out of sync with entrepreneurs. All of which makes particularly curious the deafening silence of business leaders about the tea party that’s now taking over the GOP and about to take over a chunk of Congress. Maybe business leaders see it as a relatively harmless fringe group advocating the fiscally responsible small-government positions most CEOs agree with. Business leaders should take a closer look. Even if it’s now on the fringe, the tea party won’t be for long. By fueling the Republican surge in the midterm elections, the tea party has become the single most powerful force in the GOP. It’s backing at least 14 Senate candidates, both challengers and incumbents, and is playing a significant role in scores of House races. It has already shaken the GOP to its core, defeating establishment Senators Lisa Murkowski in Alaska and Bob Bennett in Utah, and exerting a strong gravitational pull on many other Republicans, such as Arizona’s John McCain. It will be a force in the run-up to the 2012 presidential election. Presidential aspirant Newt Gingrich has already declared his fealty, and Sarah Palin has become its grande dame. Beyond fiscal rectitude and less spending, tea party candidates are targeting the central institutions of American government. The GOP Senate candidate from Kentucky, Rand Paul, is among several who want to abolish the Federal Reserve. They blame the Fed for creating the Great Recession and believe that the economy would be better off without a single institution in Washington setting monetary policy. Even Maine’s stolid Republican Party, now under tea party sway, has called for eliminating the Fed. In a Bloomberg poll a few weeks ago, 60% of tea party adherents wanted to overhaul or abolish the Fed (compared with 45% of all likely voters). Another tea party target is the Internal Revenue Service. South Carolina Sen. Jim DeMint, who has emerged as the Senate’s leading tea party incumbent, says that his “main goal in the Senate will not only be to cut taxes, but to get rid of the IRS.” Mr. DeMint’s goal is echoed by many tea party candidates, including Arkansas Rep. John Boozman, now running for Senate. At the least, business leaders who complain about uncertainties caused by Mr. Obama’s policies might be concerned. John Castellani, the former head of the Business Roundtable who is now running the Pharmaceutical Research and Manufacturers of America, told Bloomberg Businessweek this month, with remarkable understatement, “This kind of extremism makes it much harder to plan from a business perspective.” GE’s Mr. Immelt may be unhappy with President Obama, but he’ll be far unhappier if the tea party takes over the GOP. Tom Borelli, director of the Free Enterprise Project of the National Center for Public Policy Research, a conservative think tank and vocal supporter of the tea party movement, has demanded Mr. Immelt’s resignation, calling GE an “opportunistic parasite feeding on the expansion of government.” Among Mr. Immelt’s alleged sins: taking federal subsidies for clean energy. In a press release last week, the National Center for Public Policy Research stated clearly: “Liberal CEOs are the next target for tea party activism.” Presumably, business leaders should also be uncomfortable with the Tea Party’s nativism. At the first national convention of the “Tea Party Nation” last February in Nashville, Tom Tancredo, former Colorado congressman and now Tea-Party-sponsored candidate for governor (as an Independent), brought the crowd to its feet by denouncing the “cult of multiculturalism” and accusing immigrants of threatening America’s Judeo-Christian values. “This is our country,” he declared to wild cheers. “Take it back!” More than half of Tea Party backers say they’d be more likely to vote for a candidate who supports changing the 14th Amendment to prevent the children of non-citizens born in the U.S. from automatically becoming citizens. And Tea Partiers strongly support Arizona’s recent immigration law making failure to carrying immigration documents a crime and giving police broad powers to detain anyone suspected of being in the country illegally. “We’re all Arizonans now,” says former Alaskan Gov Sarah Palin. Many Tea Partiers similarly recoil from global institutions and agreements. Minnesota Representative Michele Bachmann, leader of the House’s Tea Party caucus, calls the Group of 20 summit “one short step” away from “one world government,” and suggests America withdraw from international economic organizations. “I don’t want the US to be in a global economy where our economic future is bound to that of Zimbabwe” she says. And a higher proportion of Tea Partiers oppose free trade than does the American population in general. In a recent WSJ/NBC poll, 61 percent of respondents who characterized themselves as Tea Partiers thought trade was bad for America. Under normal times, ideas like these wouldn’t gain much public traction. Why are they now? Because of the continuing effects of the Great Recession. History has shown that people threatened by losses of jobs, wages, homes, and savings are easy prey for demagogues who turn those fears into anger directed at major institutions of a society, as well as individuals and minorities who become easy scapegoats – immigrants, foreign traders, particular religious groups. Were it not for their ongoing economic stresses, Americans wouldn’t be receptive to abolishing the Federal Reserve and the IRS, or believe government and big business were conspiring against them, or turn nativist and isolationist. Business leaders should be standing up to the tea party. And they should be actively supporting policies to relieve the economic stresses that fuel it. Their silence in both regards is not only bad for business; it threatens the stability of our economic and political system. Robert Reich is the author of Aftershock: The Next Economy and America’s Future , now in bookstores. This post originally appeared at RobertReich.org .

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ProPublica: Treasury’s Incredible Shrinking Mortgage Mod Program

October 27, 2010

By Karen Weise , ProPublica . The U.S. government’s effort to help struggling homeowners is approaching a standstill, and the number of homeowners in ongoing mortgage modifications could start shrinking in several months if current trends continue, according to a ProPublica analysis of Treasury Department data. A year and a half into the program, the number of homeowners defaulting on their modified loans has been fast approaching the number of new modifications. In September, for example, banks modified almost 28,000 loans, but nearly 10,000 homeowners fell out of the program because they defaulted on their modified payments. Taken together, the programs’ growth has slowed by almost a quarter each month since May. The administration launched its foreclosure-relief effort last spring, looking to help 3 to 4 million homeowners by modifying their mortgages to have affordable monthly payments. Only 467,000 homeowners are in modifications that are still ongoing. Alan White, a law professor at Valparaiso University, said the problem isn’t the rate at which homeowners are redefaulting, which is low compared to other modifications, but rather the shrinking number of new modifications given out by banks. “We need to be modifying 10 times as many a month,” he told us. Across the country, over 5 million mortgages are more than 60 days overdue or in foreclosure, according to Lender Processing Services. Banks have had a poor record of modifying mortgages under the government program. (Check out our graphical breakdown of each bank’s performance.) Homeowners report Kafka-esque experiences of lost paperwork , miscommunication and dashed hopes in trying to get help preventing foreclosures. We’ve recently chronicled homeowner experiences in a series of profiles and a questionnaire . Investors who own mortgages are dismayed as well. The Treasury Department has yet to penalize a single mortgage servicer since the program launched last spring. “You start with a program that’s not well designed and a lack of will to enforce the program, and this is what you’re getting,” says White. The pipeline for permanent modifications also continues to dwindle. There are now fewer than 175,000 active trial modifications, down from almost 260,000 in July. Nearly half of the active trials are at least six months old. We contacted Treasury to ask about the slowing of the program, and they haven’t responded yet. We’ll update this post when we hear back. Two mortgage servicers, Bank of America and Aurora, have seen their numbers of active permanent modifications decrease in the past month. Bank of America’s dropped by about a thousand modifications, and Aurora’s fell by over 2,500 modifications. In a press release , Bank of America said that the drop came from a combination of defaulted modifications, servicing transfers and repaid mortgages. Only 428 mortgages have been repaid to the more than 100 mortgage servicers participating in the federal program. Aurora did not respond to ProPublica’s request to comment. Update: Treasury said it is working to reach as many eligible homeowners as it can and has expanded alternative options for borrowers that do not qualify for the modification program. ProPublica is America’s largest investigative newsroom. Sign up for our daily email here .

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Al Norman: Wal-Mart’s Infant Formula Scam

October 20, 2010

Wal-Mart Moms are not going to like this story. The world’s largest retailer was sued by the state of New Jersey two years ago for selling infant formula and over-the-counter drugs after the product expiration date. On top of that, Wal-Mart was selling items on sale that scanned in the cash register at incorrect prices. To settle the case and get it out of the headlines, Wal-Mart signed a Consent Order on October 19, 2010, in which it agrees to pay $775,000. This lawsuit has been going on since 2008. The same lawsuit included Target as a defendant, along with a third retailer that has since gone out of business. Target settled their case a year ago, and paid $375,000 to the state. Most of Wal-Mart’s money ($500,000) will be civil penalties. Another $160,000 will go to pay the legal bills of the state of New Jersey, and $40,000 for the cost of state investigations into the case. The final $75,000 will go into a new consumer education initiative, which may consist of: donations by Wal-Mart to selected New Jersey consumer education programs; placement of media advertisements by Wal-Mart; and donations by Wal-Mart to selected New Jersey elementary and secondary schools for consumer education. According to New Jersey Attorney General Paula T. Dow, Wal-Mart sold or offered to sell expired infant formula and non-prescription drugs to consumers. A court ruled last August that the Attorney General and New Jersey Division of Consumer Affairs had proven four of the eight counts in their lawsuit. It appears that Wal-Mart’s settlement offer was timed to shut down a trial that was about to begin in Hudson County, New York over other counts that the AG had leveled at the retailer — what Dow referred to as “various instances of unconscionable business practices.” No details on the “unconscionable” practices were spelled out in the AG’s press release announcing the settlement. As part of the agreement, Wal-Mart will have to periodically inspect its over-the-counter drugs and infant formula, and make sure its products are sold at their posted price at the point of check out. According to the settlement, Wal-Mart agreed to check the expiration dates on non-prescription drugs on a monthly basis, with all products’ expiration dates checked twice a year, and verify monthly online that each stores has completed its expired non-prescription drug check. Wal-Mart also agreed that its store managers will use a first-in, first-out method for the sale of infant formula and non-prescription drugs, and department managers will verify expiration dates on shelved infant formula containers when they restock such merchandise. The retailer agreed to remove infant formula from its shelves one month prior to the date of expiration; and remove non-prescription drugs from shelves at least three months prior to the date of expiration. The company will also follow uniform practices for destroying or returning to the manufacturing any OTC drugs or infant formula that are removed from shelves. Wal-Mart also has to guarantee the price accuracy of its products to ensure that merchandise is not “displayed, offered for sale and/or sold at a price that exceeds the price posted at the point of display or otherwise.” Wal-Mart says it will operate a “Pricing Credibility Program,” which authorizes cashiers to give consumers the lower of the scanned or advertised price on merchandise when a scanning or pricing error is discovered at checkout. Department managers are required to conduct an investigation of the error to make sure that it can be investigated and the shelf label can be corrected. Within the next month, all store managers at New Jersey Wal-Mart stores will be briefed on the summary of the Consent Order. Wal-Mart also is required to post “through a conspicuous link on its internal website for managers and associates” in each Wal-Mart store a summary of the Order. “This settlement puts the onus on Wal-Mart to check expiration dates when stocking its shelves, to periodically recheck stocked items, and then remove from sale any infant formula or non-prescription drugs that are past expiration,” said Attorney General Dow in a press release. “A responsible retailer should do no less and we expect full compliance at Wal-Mart’s 54 New Jersey stores.” But if Wal-Mart was a responsible retailer, this lawsuit would never have been filed in the first place. As is customary in such out-of-court settlements, Wal-Mart admitted no wrongdoing. But Wal-Mart settles cases it knows it is likely to lose. This case is similar to one six years ago in New Jersey in which Wal-Mart entered into a Consent Order regarding infant formula that had expired and over-the-counter drugs. For its part, a chastised Wal-Mart had little to say after the Final Consent Judgment. “Our customers depend on us to provide a good shopping experience with products and prices they can trust,” a company spokesman said, “so we’re committed to doing even more to make sure correct prices are posted and to remove products from our shelves well before their expiration dates. We also will conduct random price accuracy checks in stores throughout the state.” Wal-Mart has to be extremely careful of the trust relationship it maintains with its customers. If Wal-Mart Moms feel they have to carefully check the price and expiration date of each product they put into their cart, it undermines that trust. The fact that Wal-Mart was selling out-of-date infant formula is about the worst product you could pick to sow doubt among the Wal-Mart Moms. Wal-Mart is relying on the hope that its shoppers will have a much shorter memory than the Attorney General of New Jersey. But the “infant formula scam” is a sloppy operations error for a company that prides itself on flawless execution. That’s why it was worth $775,000 to shorten this story’s shelf-life, Al Norman is the founder of Sprawl-Busters. He has been helping communities fight big box sprawl for 17 years. His book “Slam Dunking Wal-Mart” is a grassroots classic on how to battle the giant retailers.

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Lloyd Chapman: 9th Circuit Rules SBA Does Not have to Release Agency Phone Records

October 19, 2010

On Friday, the 9th Circuit Court of Appeals released its ruling in a lawsuit filed by the American Small Business League (ASBL) against the Small Business Administration (SBA) regarding the agency’s phone records. The case was filed under the Freedom of Information Act (FOIA). The ASBL originally requested phone records for SBA Press Office Chief Mike Stamler. The ASBL believes that Stamler and the SBA Press Office have engaged in a campaign to discourage the media from reporting on the diversion of federal small business contracts to Fortune 500 firms and corporate giants around the world. Through the course of litigation, the SBA has claimed that it does not have access to its own phone records. On Friday, the appellate court ruled that the agency is not required to retrieve records from a third party if the government has not specifically contracted for the storage of those records. Over the last several years, the ASBL has won a series of lawsuits against the SBA, which have shown that the SBA has lied to Congress, the public and the media about the diversion of more than $100 billion a year in federal small business contracts to corporate giants. Since 2003, more than a dozen federal investigations have uncovered billions of dollars a month in small business contracts awarded to large businesses. In Report 5-14, the SBA Office of Inspector General found the SBA itself had awarded small business contracts to large businesses. The most recent data released by the government shows large recipients of small business contracts like: Lockheed Martin, Boeing, L-3 Communications, Raytheon, British Aerospace (BAE), General Dynamics, Rolls-Royce and Dell Computer. Despite these findings, the SBA issued a press release claiming that it was a myth that large businesses received federal small business contracts. During 2010, the ASBL issued similar FOIA requests to several other federal agencies. In each case, the records were released. The SBA is the only agency that has been unwilling to provide its phone records. I am disappointed in the 9th Circuit Court’s ruling, but I am gratified that we have been able to show how desperate the SBA Press Office is to withhold potentially damaging phone records. Clearly they have something to hide. I want to promise the SBA, and its Administrator Karen Mills, that the ASBL will continue its legal campaign to expose the fact that the SBA has lied about the diversion of small business contracts to large businesses.

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Michigan Gubernatorial Candidate Virg Bernero Backs Foreclosure Moratorium: ‘The Banks Are Getting Away With Murder’ (VIDEO)

October 12, 2010

Michigan’s gubernatorial candidates faced off in their one and only debate of the election on Sunday, spending much of their time discussing how to get the state’s struggling economy back on its feet. The candidates were challenged on the possibility of a statewide moratorium on mortgage foreclosures, in light of recent revelations that banks have used bogus affidavits to take people’s homes away . Bank of America recently announced that it was halting foreclosures in all 50 states to investigate whether mortgage servicers signed foreclosure documents without reading them . Democrat Virg Bernero has already called for a foreclosure moratorium and reiterated his support in tonight’s debate: BERNERO: I’m worried about the consequences of the fraud and the problems and the mistakes that are happening from Wall Street that is pressing down on our people. We need to stop that immediately. I’m delighted and pleased that Bank of America has said they’re going to stop in Michigan immediately. We need the other Wall Street banks to follow suit. We need a moratorium for all people in Michigan, so that they can review their practices and know what they’re doing. I say we should err on the side of the homeowner. Let’s err on the side of keeping people in their homes. The vast majority of people — nobody’s trying to trick the bank. Nobody’s trying to hold back. People are good people who are going to pay their bills. Republican Rick Snyder said he opposes a blanket moratorium. To back up his position, he cited President Obama’s opposition to such a policy. “I believe President Obama came out today and talked about how that would not be a good idea,” he said. Snyder added that if banks are doing anything wrong, the state of Michigan needed to stand up and enforce the law. Bernero responded that “in fact, the banks are doing plenty of things wrong, and the rules aren’t working.” “The banks are getting away with murder,” he added. WATCH: On Friday, Bernero put out a press release applauding Bank of America’s news, stating, “These banks have admitted their actions are leading to foreclosures for people who don’t deserve it and it’s got to stop now .” Bernero called for a moratorium as early as April 2009. As The Huffington Post’s Arthur Delaney reported last week, calls are mounting banks to halt foreclosures nationwide. “I write to request that your mortgage-servicing division suspend foreclosures on Nevada home owners until systems are in place to ensure Nevadans are not being improperly directed into foreclosure proceedings,” Senate Majority Leader Harry Reid wrote in an Oct. 3 letter to Ally Financial, Bank of America, Wells Fargo, Citigroup, and JPMorgan Chase. Senators, representatives, civil rights organizations, and state attorneys general have made similar calls. The Obama administration, however, is opposing a moratorium. ” I’m not sure about a national moratorium because there are in fact valid foreclosures that probably should go forward,” White House adviser David Axelrod said on CBS’s “Face the Nation” on Sunday. Last week, the President vetoed a bill that some consumer advocates believed would have made it tougher for homeowners to fight fraudulent foreclosures. Snyder has a heavy lead over Bernero, leading by 20 percent in a recent poll . ************************* The Huffington Post wants to know about all the campaign ads, debates, town halls, mailings, shenanigans, and other interesting campaign news happening by you. E-mail any tips, videos, audio, and photos to election@huffingtonpost.com .

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Bank Of America Stands Out For Poor HAMP Performance

September 27, 2010

Bank of America stands out among the biggest mortgage servicers for an exceptionally poor performance under the Obama administration’s Home Affordable Modification Program, according to data recently released by the government. The eight largest servicers have offered an alternative mortgage modification to 44.5 percent of homeowners whose HAMP modifications have been canceled, but Bank of America has offered alternate mods to only 24 percent of the 148,129 homeowners whose trial modifications the bank canceled. For homeowners denied trial modifications, 31.3 percent have been offered alternate modifications by the Big Eight. Bank of America has offered alternate mods to just 11 percent of these folks. “Bank of America seems to be stubbornly refusing to go along with the program,” said Valparaiso University Law School professor Alan White, who first flagged Bank of America’s standout performance in a Public Citizen blog post . “BofA has also mastered the art of false hopes,” wrote White. “It has converted only 26% of trial modifications to permanent ones, while servicers as a whole have achieved a rate of over 50% (still terrible, but it’s all relative.) Over half of BofA’s trial modifications are more than six months old, despite the fact that they are supposed to convert to permanent or be canceled after three months.” Bank of America did not immediately respond to a request for comment from HuffPost, but every month the bank puts out a press release touting its mortgage modification progress the day before the Treasury Department puts out its HAMP data. Bank of America boasted last week of its “industry-leading 79,859 completed modifications through the government’s Home Affordable Modification Program.” It has more permanent modifications than any other servicer, but that may be because the bank has an eligible pool of delinquent mortgages more than twice the size of every other servicer’s (except Chase, which services 201,771 mortgages to BofA’s 383,482). The goal of HAMP, under which the government gives servicers $1,000 incentive payments to give eligible homeowners a five-year “permanent” modification after a three-month trial period, was to “enable as many as three to four million homeowners to modify the terms of their mortgages to avoid foreclosure.” Treasury Department officials now shy from that goal as more people have been kicked out of the program than have been given permanent mods. The Treasury Department has not fined a servicer for noncompliance with HAMP or even formalized a penalty scheme. The Government Accountability Office reported in June that Treasury’s lack of penalties for bad servicers “risks inconsistent treatment of servicer noncompliance and lacks transparency with respect to the severity of the steps it will take for specific types of noncompliance.”

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Irena Medavoy: Botox Bullet

September 14, 2010

Five years after the end of my lawsuit against Allergan — which I believe was the first lawsuit of its kind seeking damages for off-label use and misbranding of Botox — it is interesting to see that company finally agree to pay the federal government hundreds of millions of dollars to settle criminal accusations. Like many plaintiffs who have attempted to obtain justice in the courts against pharmaceutical companies, I did not succeed at trial — including in my claims that close financial and professional ties between my doctor and Allergan should have been disclosed to me. I famously (or perhaps infamously) lost at trial when a divided jury ruled against me on my claims regarding the physical harms I alleged and the trial court judge refused to hear my claims regarding alleged illegal marketing of Botox. But I now take comfort in the hope that my lawsuit may have played a role in raising public awareness about, and ultimately federal government attention to, Allergan’s practices in marketing Botox. According to the Department of Justice’s full press release about the settlement, if the settlement is approved, then Allergan must post on its website information about payments to doctors, such as honoraria, travel or lodging, in order to increase the transparency of Allergan’s interactions with physicians. This basic issue of disclosure is a matter of great importance to me, and should be for all members of the public. The federal government’s settlement with Allergan is an important step in the right direction, but it is not a complete solution. Wholly apart from whether Allergan in particular must now disclose such information about the doctors that it compensates is the far greater issue of why all doctors and pharmaceutical companies do not disclose such information regarding any drug or treatment being prescribed. In my opinion, it is important for patients to know such information, and there should be a legal right for patients to know such information, if such a right does not already exist under laws governing fair business practices. When I brought my lawsuit against Allergan alleging that I had been seriously and life-alteringly harmed by the spread of Botox throughout my body, my claims were met in some circles with disbelief and ridicule — and in other circles with full belief in their validity. Just a few years later, on July 31, 2009, according to information still available on the website of the Federal Drug Administration , the FDA “approved the following revisions to the prescribing information of Botox/Botox Cosmetic . . .: A Boxed Warning highlighting the possibility of experiencing potentially life-threatening distant spread of toxin effect from the injection site after local injection.” In my lawsuit, I also argued that Allergan’s promotion of off-label uses of Botox was against the law. Now, according to the Department of Justice press release, Allergan has been the subject of a criminal FBI investigation for its marketing practices. That investigation surely was an ugly experience for Allergan that must have caused its executives to experience headaches that could not be cured by Botox. Even though Allergan has had some success in beating back litigation by private plaintiffs like myself, finally, in the face of criminal charges by the federal government, Allergan has agreed to pay hundreds of millions of dollars based on charges similar to those that I alleged and that others like me alleged. Other plaintiffs now have their own lawsuits pending against Allergan regarding Botox. My hope is that those other plaintiffs, with the recent history of federal regulatory action against Allergan, will find success in the courts and that in the future potential patients will be adequately informed and protected from harm.

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Linda Mack of Mack International to Speak at Canadian Private Family Office … – PR Web (press release)

August 18, 2010

PR Web (press release) Linda Mack of Mack International to Speak at Canadian Private Family Office … PR Web (press release) Linda Mack of Chicago-based Mack International will lead a session on family office compensation structures at the fifth semi-annual Canadian Private Family …

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Bill Singer: The Big Oops! Morgan Stanley’s Research Failures

August 11, 2010

In a Press Release titled: FINRA Fines Morgan Stanley $800,000 for Deficient Conflict of Interest Disclosures in Equity Research Reports and Public Appearances by Research Analysts Firm Also Violated 2003 Research Analyst Settlement at, the Financial Industry Regulatory Authority (FINRA), Wall Street’s largest self-regulatory organization, announced on August 10, 2010, that it has censured and fined Morgan Stanley & Co., Inc. $800,000 for failing to make public disclosures required by FINRA’s rules governing research analyst conflicts of interest. The firm also failed to comply with a key provision of the 2003 Research Analyst Settlement by failing to disclose the availability of independent research in customer account statements. In addition to the censure and fine, Morgan Stanley must review a sample of its research reports and certify to FINRA that they comply with FINRA’s research analyst conflict-of-interest rules. These reviews and certifications must take place every six months for two years. Four Years of Non-Disclosure. Thousands of Incidents. FINRA found that from April 2006 to June 2010 , Morgan Stanley issued equity research reports that failed to disclose accurate information about the relationships Morgan Stanley, or its analysts, had with companies covered in its research reports. Overall, these inaccuracies resulted in approximately 6,836 deficient disclosures in about 6,632 equity research reports and 84 public appearances by research analysts. Among the deficient disclosures were: Securities holdings of an analyst, or a member of the analyst’s household, in a subject company; Morgan Stanley’s receipt of investment banking and non-investment banking revenue from subject companies; Morgan Stanley’s role as a manager, or co-manager, of a public offering of securities for subject companies; Morgan Stanley’s role as a market maker for certain subject companies’ securities; and Price charts for securities covered in equity research reports and the valuation method used to support published price targets. Moreover, Morgan Stanley did not disclose in approximately 127,600 monthly account statements sent to customers from August 2007 to February 2008 that it had available independent, third-party research. The requirement to provide customers with this notification was part of the Securities and Exchange Commission’s final agreement with Morgan Stanley as part of the 2003 Research Analyst Settlement and was incorporated into a separate agreement with FINRA. FINRA Gives Credit for Self-Review and Self-Reporting — gee, that’s nice In determining the appropriate sanctions in this matter, FINRA considered Morgan Stanley’s self-review and self-reporting of some of its disclosure violations and remedial steps taken by the firm, as well as a prior FINRA settlement that found the firm violated FINRA’s research analyst disclosure rules. In settling this matter, Morgan Stanley neither admitted nor denied the charges, but consented to the entry of FINRA’s findings. Bill Singer’s Comment: For those of you who still desperately cling to the belief that allowing Wall Street to self regulate itself works, perhaps this case may yet change your mind. Consider that for a four-year period from April 2006 to June 2010, Morgan Stanley issued over 6,000 research reports with deficiences — yet, amazingly, no regulator seemed to have had a clue about these violations. If I were being a truly obnoxious, sarcastic bastard, I might suggest that the regulators failed to timely detect Morgan Stanley’s violations because Wall Street’s cops were all hot on the trail of both Madoff and Stanford. But I”m not that crude a pundit. Course not. I mean, you know, it’s not like Bernie and Sir Alan were up to their shenanigans for over a decade, right under the formidable noses of so many regulators. In April 2003, the U.S. Securities and Exchange Commission (SEC), the New York Stock Exchange (NYSE), the National Association of State Securities Administrators (NASAA), and the New York State Attorney General announced the final terms of the Global Settlement of Conflicts of Interest Between Research and Investment Banking (Global Settlement), which resulted from joint regulatory investigations into conflicts of interest between investment banking and securities research at brokerage firms. As a result of that high profile and much ballyhooed investigation, ten of the nation’s top investment firms agreed to pay $1.4 billion: $387.5 million of it in restitution to be returned to harmed investors through a process overseen by the SEC, and $487.5 million in penalties. Funds were also earmarked for investor education and to help pay for independent research for investors. And let us not forget that the regulators required that the settling firms also agreed to reforms in the way they do business to help prevent these conflicts in the future. Not only were the financial penalties supposed to send the proverbial message and get the big boys’ attention, but they were also made to promise, no fingers crossed, cross my heart and hope to die, that they would change their wayward ways. FINRA is more than happy to toot its own horn when trumpeting its own settlements with the firms involved in the 2003 Global Settlement. Morgan Stanley’s settlement with FINRA’s predecessor, the NASD, resulted in the imposition of a Censure, $25 million fine, $25 million disgorgement, and $75 million earmarked for the “procurement of Independent Research.” Add it up — that’s $125 million dollars. If nothing else, since 2003, someone at FINRA should have been paying attention to Morgan Stanley’s compliance with the terms of the settlement. Hell, given all the bucks paid by the brokerage firm, at the very least FINRA could have hired one full time employee to do nothing but monitor Morgan Stanley! Then there is this odd tidbit from the August FINRA settlement. From August 2007 through February 2008, a period of six months, Morgan Stanley did not disclose in approximately 127,600 monthly account statements sent to customers that it had available independent, third-party research. That specific requirement to provide customers with this notification was part of the 2003 Research Analyst Settlement and was incorporated into a separate agreement with FINRA. Think about that. For six months statements went out that failed to disclose the availability of independent, third-party research — a disclosure that was among the alleged keystone achievements of the 2003 settlement. Maybe I’m just dense but did anyone at the SEC or FINRA even bother to monitor Morgan Stanley’s monthly statements for this mandated disclosure — you know, like for even one month during the six in question? After all, hundreds of millions of dollars later, many promises later, years later, Morgan Stanley agreed to print a disclosure on its statements that indicated the availability of the independent research. Apparently, that disclosure didn’t make it on to the statements. Sort of an easy omission to spot, no? And the excuse from Wall Street’s cops is what? They were too busy on other more important things? We didn’t see it. Is that the sorry state to which Wall Street’s regulators have fallen? Of course, if you’re not looking, you can’t see anything. Moreover, given that FINRA is crediting “Morgan Stanley’s self-review and self reporting of some of its disclosure violations. . .” you have to wonder whether any regulator would have uncovered this long-term, massive disclosure failure by Morgan Stanley but for the firm’s own efforts to come clean. I guess that NASD/FINRA settlement didn’t really get it done. Not for all the publicized million dollar fines and the self-aggrandizing regulatory publicity. After all, it was only three years after the 2003 Global Settlement that Morgan Stanley returned to its former errant ways. And for good measure, it appears that Morgan Stanley kept it up for more than four years. So much for self-regulation sending a meaningful message to its larger member firms. Of course, if this matter had involved, say, a smaller FINRA member firm, I’m sure that some heads would have rolled and folks would have been suspended, if not barred. But, things are as they are. The high and mighty on Wall Street get to write out fat checks and say “sorry.” Line forms to the rear, get behind Goldman Sachs, then Morgan Stanley. No cutting in. READ THE FULL-TEXT NASD APRIL 2003 MORGAN STANLEY ACCEPTANCE, WAIVER AND CONSENT (AWC) SETTLEMENT at http://www.finra.org/web/groups/industry/@ip/@enf/@da/documents/industry/p007676.pdf READ THE FULL-TEXT FINRA AUGUST 2010 MORGAN STANLEY ACCEPTANCE, WAIVER AND CONSENT (AWC) SETTLEMENT http://www.finra.org/web/groups/industry/@ip/@enf/@ad/documents/industry/p121898.pdf

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‘The Family Office — Advising the Financial Elite’ Released by Charter … – PR Newswire (press release)

August 9, 2010

'The Family Office — Advising the Financial Elite' Released by Charter … PR Newswire (press release) 9 /PRNewswire/ — Charter Financial Publishing has released “The Family Office – Advising the Financial Elite,” a definitive guide to the family office … and more

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Jack Myers: Advertisers Need to Focus on Content and Be Platform Agnostic

August 3, 2010

The adage that the television and computer are separate and distinct lean forward/lean back experiences is completely outdated. From massive screens at sports stadiums and experiential venues with integrated mobile-based dynamic real-time interactive content, to TV and movies on the iPad and mobile device, the consumer experience is convergent, integrated and all-encompassing. Content producers, distributors, agencies and marketers must quickly shake off the cobwebs of outmoded and obsolescent perceptions and strategies, and move quickly to adapt to this new reality. This week’s Jack Myers Media Business Report provides a detailed and extensive overview of why content producers must focus on screen-neutral distribution strategies and, to remain tech-relevant, why advertisers must rethink their policy of buying advertising impressions exclusively through specific distribution platforms. The subscriber-only report explains why advertisers also need to sponsor/underwrite appropriate content and dynamically embed their messages in that content as it morphs across multiple platforms, with the consumer driving the process. Advertisers are traditionally very slow to embrace technological innovation. With penetration of high definition TVs set to surpass 70% of U.S. homes this year, it’s stunning how few advertisers have yet embraced this shift in consumer behavior and produced their TV commercials in HD. As 3D gains popularity, it offers tech-savvy marketers an opportunity to demonstrate to 3D early adapters that they are advancing with them technologically. But very few will. (This week’s Jack Myers Media Business Report provides insights and details on the expected roll-out of 3D-TV.) So it’s not surprising that marketers are also slow to understand the multi-platform evolution of media and even slower to adjust their media investment strategies accordingly. The fact is that more than 95% of all advertising media buys remain platform-specific. Measurement currencies remain rooted in mid-20 th Century platform-specific methodologies. Advertising creative strategies are, for the most part, absurdly out-of-touch with the reality of how audiences consume media today and will in the future. And marketers, even with all the hype and hoopla reported by the trade press, invest less than 1% of their total marketing budget in social media, online video, conversational marketing, and mobile advertising. Less than one percent! Media and advertising executives tend to communicate to each other in a vacuum that celebrates the press release and ignores reality. We fail to acknowledge how slowly marketers are truly embracing the opportunities that are available to them, not only from the exciting “latest innovation,” but from the multi-platform extensions and integrated opportunities now available to them from their traditional media suppliers and innovative companies like TiVo. It’s not an issue of “jumping on the bandwagon” of social media, interactivity, mobile, etc. It’s about recognizing that audiences spend time with content and the platform they use is irrelevant to them. In this reality, why should media plans remain focused on the platform and be content agnostic? It’s time for marketers to focus their media buys on the content and be platform agnostic. Read Jack’s weekly commentary at www.jackmyersthinktank.com and http://www.huffingtonpost.com/jack-myers . Jack Myers ‘ full commentary on this topic, including relevant economic data, is available to corporate subscribers of Jack Myers Media Business Report . To communicate with or to be contacted by the executives and/or companies mentioned in this column, please email your information and the column headline to Jack directly at jm@jackmyers.com . This post originally appeared at JackMyers.com.

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Janet Tavakoli: IKB’s CEO Found Guilty of Market Manipulation, Some U.S. Bank CEO’s Should Also Face Charges

July 16, 2010

Financial news media is abuzz today with analyses of Goldman Sachs’s settlement with the SEC for $550 million in a case of alleged fraud regarding the packaging and selling of a CDO called Abacus. Goldman Sachs admitted to no wrong-doing. The settlement is less than Tiger Wood’s potential $700 million divorce settlement –and Tiger didn’t help bring the economy to its knees (he also publicly admitted his transgressions and expressed regret )–but it’s a start. The SEC might want to look into the deals that Goldman Sachs underwrote on which other banks bought protection from AIG as well as the deals upon which Goldman Sachs itself bought protection from AIG. If all of theses banks buy the securities back at full value (less interim principal payments), the tens of billions of dollars of proceeds can be used to pay back AIG’s public debt. Instead, taxpayers heavily subsidize Goldman Sachs . The bigger story is that the former CEO of IKB, Stefan Ortseifen, was found guilty of market manipulation by a German court. Yesterday, the Wall Street Journal reported the story on the second page of its markets section (C section), and it deserved more prominent coverage: At the heart of the case was a press release that IKB issued on July 20, 2007, as credit markets worsened, assuring investors that its exposure to the subprime fallout was limited and that it remained on track to meet its profit outlook. Ortseifen was fined €100,000 (around $127,000) and given a 10 month suspended sentence. That strikes me as a pretty light sentence for fluffing the truth about the fact that at the time, IKB was actually being crushed by its losses. IKB eventually needed a bailout of over €10 billion (around $12.7 billion) in government-backed loans. The court’s fine probably didn’t even make a dent in Mr. Ortseifen’s wallet, but it’s a start. In this post-Sarbanes Oxley world, U.S. CEOs and CFOs should also be held accountable for their rosy statements during this period, along with their SEC filings. While the Goldman Sachs settlement is a victory of sorts for the SEC, it shouldn’t distract us from the larger issues. Massive widespread malfeasance helped bring the global economy to its knees. Sarbanes-Oxley was meant to hold CEOs and CFOs accountable for accounting fraud and public misstatements about the health of their financial institutions. One should expect felony indictments for accounting fraud and securities fraud. As I explained to CBS’s Katie Couric on April 16, 2010 , the Goldman Sachs case doesn’t go far enough: Janet Tavakoli’s book on the causes of the global financial meltdown and how to fix it is Dear Mr. Buffett: What an Investor Learns 1,269 Miles from Wall Street .

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Goldman Sachs SEC SETTLEMENT Reached — And Stock SOARS

July 15, 2010

The Securities and Exchange Commission announced today that it has reached a settlement agreement with Goldman Sachs over the sale and marketing controversial mortgage securities. The news was first relayed via CNBC’s Twitter feed . The settlement comes on the heels of Congress’s passage of a sweeping financial reform bill earlier today. From the SEC’s press release on the settlement : Securities and Exchange Commission today announced that Goldman, Sachs & Co. will pay $550 million and reform its business practices to settle SEC charges that Goldman misled investors in a subprime mortgage product just as the U.S. housing market was starting to collapse. In agreeing to the SEC’s largest-ever penalty paid by a Wall Street firm, Goldman also acknowledged that its marketing materials for the subprime product contained incomplete information… In settlement papers submitted to the U.S. District Court for the Southern District of New York, Goldman made the following acknowledgment: Goldman acknowledges that the marketing materials for the ABACUS 2007-AC1 transaction contained incomplete information. In particular, it was a mistake for the Goldman marketing materials to state that the reference portfolio was “selected by” ACA Management LLC without disclosing the role of Paulson & Co. Inc. in the portfolio selection process and that Paulson’s economic interests were adverse to CDO investors. Goldman regrets that the marketing materials did not contain that disclosure. In April, the SEC charged Wall Street’s most profitable bank with civil fraud over complex mortgage securities sold under its ‘Abacaus’ deals. The SEC alleged that Goldman failed to disclose the securities in the Abacus portfolio were chosen by another bank client, the hedge fund manager John Paulson, who made billions betting against the housing market. The securities were, according to the SEC, secretly designed to fail. Still, the bank’s stock surged today (scroll down for a chart) rising 4.43 percent as rumors swirled about a settlement. (The bank’s stock continued rising an additional 5 percent in after hours trading .) With a cost of roughly $550 million (plus millions in legal fees), Goldman Sachs likely came out ahead for the day, as the stock’s surge added hundreds of millions to the bank’s market cap. The settlement amount comes to roughly 3.4 percent of the bank’s 2009 bonus pool. As a part of the settlement, the bank will pay $300 million to the SEC and the rest will be paid out to investors that were harmed through the Abacus deals, including IKB AG and the Royal Bank of Scotland. In a statement, the bank acknowledged “it was a mistake” to fail to disclose Paulson’s role in selecting the Abacus assets. The case against Goldman Sachs vice president Fabrice Tourre , however, is expected to continue. Reuters blogger Felix Salmon said the settlement was “surely a massive win for Goldman, whose entire business was at stake if it was found guilty of serious wrongdoing.” Check back for more details as the story develops. Check out Goldman’s stock performance today: (Source: Google Finance) READ the judgment: judgment-pr2010-123

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Christine Negroni: Pinnacle to Colgan: Your Name is Mud

July 12, 2010

An airline’s pilots are its most public representatives, so when a captain makes headlines as a collector of child pornography of record-breaking size, that’s a public relations problem. What I’m hearing is that when it comes to Colgan Airlines it may be insurmountable.

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Ayo Adeyeye: PolitiFact’s Truth-O-Meter in Need of Tune-Up

July 8, 2010

Last month, Arianna Huffington, HuffPost Editor-in-Chief, appeared on ABC’s This Week on a panel with Liz Cheney, a former Bush Administration official. In an exchange over the BP oil disaster in the Gulf, Huffington accused Halliburton, the behemoth oil company who’s one-time CEO was Ms. Cheney’s father and former Vice President, Dick Cheney, of “defraud[ing] the American taxpayer hundreds of millions of dollars.” In characteristically caustic Liz Cheney style, Cheney objected to the charge by questioning Huffington’s citizenship as a resident of Planet Earth. PolitiFact, a fact-checking website and project of the St. Petersburg Times whose site proclaims a mission to “help you find the truth in politics” joined the debate and labeled Huffington’s claim ” Half True ” on its six-pronged “Truth-O-Meter,” denoting that “the statement is accurate but leaves out important details or takes things out of context.” While PolitiFact concedes that all evidence suggests that Halliburton wasted hundreds of millions of taxpayer dollars, whether the waste amounts to fraud “is still being examined,” they report. Let’s see if we can’t speed up that examination. In November 2003, just less than one year after the start of the War in Iraq, Newsweek ran an article entitled ” The $87 Billion Money Pit ,” reporting numerous allegations of “overspending, favoritism and corruption” against Halliburton and other US contractors engaging in Iraq reconstruction. In the article, Halliburton was accused of gouging prices on imported fuel to the tune of $300 million. Citing the Newsweek piece in her opening statement at a Senate Democratic Policy Committee (DPC) hearing that same month, then-Senator Hillary Clinton (D-NY) touted the need for transparency and greater oversight in Iraq reconstruction contracting, saying “we need to assure the American people that their money is being spent wisely, assure the Iraqi people that it is being spent in their interest and assure the world that it is not being spent for profiteering by American companies.” Since the start of the Iraq War, the DPC, a Senate Leadership Committee established by law in 1947 concurrently with a Republican Policy Committee, has held more than two dozen oversight hearings on waste, fraud, and abuse in Iraq reconstruction contracting. Halliburton and its subsidiary Kellog, Brown and Root (KBR) have been the subject of many of them. Chaired by Senator Byron Dorgan (D-ND), these hearings have “unearthed numerous examples of contracting abuse, including the inappropriate awarding of major contracts to Halliburton; billions of dollars in unsubstantiated costs and overcharges on everything from fuel, to meals for the troops, to hand towels; and the delivery of unsafe water to our troops in Iraq, with which the troops showered and brushed their teeth,” Dorgan said in a statement back in 2008. Throughout its investigations into Halliburton, the Committee also uncovered efforts by the Pentagon and the Bush Administration to protect Halliburton from close scrutiny and criticism of its dubious practices including, but not limited to, retaliation against whistleblowers. Charles Smith, the senior civilian overseeing a multi-billion dollar contract awarded to KBR by the Pentagon, was forced out of his job when he refused to approve payment to KBR of more than $1 billion in questionable spending for which Army auditors had determined KBR lacked credible data or records. Bunnatine Greenhouse, once the most senior civilian contracting official at the Army Corps of Engineers, was removed from her job after raising concerns over the award of a $7 billion sole source, no compete, cost plus contract to KBR to restore Iraq’s oil production. Greenhouse testified at a 2007 DPC hearing that the award of the contract to KBR represented the worst abuse she had witnessed in her 23-year career. Still unsatisfied? Halliburton’s transgressions continue. In April 2007, the Pentagon misled Congress about multiple allegations that KBR was providing contaminated water to US troops which, according to KBR’s own internal reports, could have caused “mass sickness or death.” Interestingly, the General whose testimony at a Senate Armed Services Committee hearing misled Members was the same official who ordered the removal of Charles Smith from his post after he objected to KBR’s questionable $1 billion paycheck. In March of 2008, then-Senator Barack Obama (D-IL), along with Senator John Kerry (D-MA) introduced a bill aimed at preventing government contractors like KBR from setting up shell companies in foreign jurisdictions to avoid payroll taxes. Then-Rep. Rahm Emanuel (D-IL) and Rep. Brad Ellsworth (D-IN) introduced companion legislation in the House. In a press release, Obama said, “This legislation would close a tax loophole that has been exploited by Kellogg Brown & Root (KBR), a former subsidiary of Halliburton Corp. This loophole allowed KBR and potentially other government contractors to set up shell companies in the Cayman Islands in order to avoid paying payroll taxes for their American employees.” In his press release, Senator Kerry said “KBR is abusing the public trust at the taxpayer’s expense, and our reform will close the loophole that enables big corporations to take advantage of the American people.” According to Kerry’s office, the loophole that the legislation was intended to close enabled KBR to fleece American taxpayers by nearly $100 million a year. The Fair Share Act of 2008, which was co-sponsored by then-Senator Hillary Clinton was not reported out of the Senate Finance Committee. Arguably, the most reckless example of KBR’s abuse was the subject of a May 2009 DPC hearing, where Senators heard testimony and received internal Pentagon documents showing that in 2007 and 2008, KBR received multi-million dollar bonuses for work that led to the electrocution deaths of US soldiers. In 2008, a Staff Sergeant was electrocuted to death while showering at a US military installation in Baghdad. The Committee obtained testimony based on internal KBR inspection records that KBR had been aware of the electrocution hazard and claimed to fix the problem, meanwhile hiring unqualified third-country electricians and permitting the shocks to persist. Despite the harm done to our troops, KBR was awarded its $83.4 million bonus for the shoddy electrical work done in Iraq in 2007, more than half of which came after the Defense Contract Management Agency warned about ongoing problems with the electrical work. KBR’s infamously reckless conduct throughout the reconstruction process in Iraq is egregious and fundamentally undermines the US mission there. Each time Congress appropriates funds toward war efforts, the government solicits a commitment from the American taxpayer. The American people deserve to have their commitment met with responsible stewardship. Similarly, if it is to live up to its mission statement, PolitiFact has a responsibility to its readers to unambiguously separate fact from fiction and avoid the pitfall of equivocation in the face of controversy by misguided attempts at reaching some artificial middle ground. At this point, it is plain that KBR’s practices have traversed the realm of the wasteful, waded beyond that of the fraudulent, and are now comfortably into the abyss of the outright criminal, so unless PolitiFact’s Truth-O-Meter takes into account understatement, its rating of Huffington’s charge as “Half True” is unjustified and places it squarely on a long and unsavory list of characters who have deferred to KBR in the face of persistent and well-documented abuse.

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Tom Kiley: A Look at John Boehner’s Creative Interpretation of the June Jobs Report

July 2, 2010

That John Boehner sure has a funny way of looking at things. The House Republican Leader reacted to this morning’s employment report from the Labor Department – which showed that the U.S. economy lost 125,000 jobs in June – by posting this on his Twitter account: “125,000 jobs lost in June. How much longer are we going to continue with Democrats’ disastrous spending spree?” The Congressman implies that government spending is the reason the Labor Department didn’t report an increase in jobs today. There’s just one problem with his spin: June’s job losses are due entirely to a reduction in government jobs. The private sector added 83,000 jobs in June. But 225,000 workers hired by the federal government on a temporary basis to conduct the decennial Census lost their jobs. Meanwhile, state and local governments shed 10,000 jobs, while the federal government (apart from the Census) added 27,000 jobs. Simply put: Government layoffs accounted for all of the jobs losses in June. Every single one. So it’s obviously disingenuous for Boehner to argue that government spending on job creation is the source of June’s job losses. If we had kept all those Census workers on the payroll – say, by putting them to work in community service jobs – then we’d have seen an increase of roughly 325,000 jobs. If Boehner had stuck with an honest interpretation of the facts, he could have made the case that 83,000 private sector jobs aren’t nearly enough. And that’s true. As Heidi Shierholz has shown , to get back to 5 percent unemployment (the rate we had before the recession began) within four years, the economy would have to add 325,000 jobs every month for that entire period. The right policy response to this anemic job growth is to spend more on job creation. This will necessarily increase the deficit – understandably a tough thing to swallow with deficits as big as they are right now. But cutting back on measures to boost job growth will only prolong the jobs crisis, weaken a fragile recovery, and leave the whole economy in even worse shape. Spending on jobs now doesn’t stop us from attacking the deficit once a recovery has firmly taken hold. But as Shierholz’s analysis makes clear, that’s still a long ways off. The bottom line is that we lost a lot of jobs today because a government initiative is winding down. Anyone who bothered to read the Labor Department’s press release would know that. But try telling it to John Boehner.

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Dave Johnson: Chinese Paper Subsidies: Boring? Jobs: Not Boring!

June 30, 2010

This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture as part of the Making It In America project. I am a Fellow with CAF. ChChina is cheating again. Yawn… China is subsidizing its paper industry ($33 billion 2002-09) and has tripled their production, and now is the largest producer of paper and paper products. Yawn. This has cost jobs and approximately 400,000 remaining American jobs are at risk. And the companies they work for. NOT so yawn! The Economic Policy Institute has released a briefing paper, titled, No Paper Tiger . This paper documents the different government subsidies behind the surge of Chinese paper imports, and look at its implications for the American paper industry. Some of the subsidies that government provides, This Briefing Paper estimates that in China’s paper industry, subsidies for electricity amounted to $778 million • (from 2002 to 2009); subsidies for coal, $3 billion (from 2002 to 2009); subsidies for pulp $25 billion (from 2004 to 2009); subsidies for recycled paper, $1.7 billion (from 2004 to 2008); subsidy income reported by companies, $442 million (from 2002 to 2009); and loan-interest subsidies, $2 billion (from 2002 to 2009). Missing data prevented calculation of pulp or recycled-paper subsidies in 2002, 2003, and 2009. Implications for our own industry, Cheap, subsidized Chinese paper exports have affected the U.S. paper industry. Despite comparable cost structures, high efficiencies, and plentiful natural resources, U.S. paper companies have failed to compete globally or nationally on price against much-cheaper Chinese imports. In 2010, the United States remains a net importer of paper and paper products. Imports from China are rising faster than those of any other country for this industry, with the value of U.S. imports from China growing at an annualized rate of 22%. And the cost in jobs , “From 2002 through the end of 2009, U.S. employment in the paper and paper products sector dropped 29 percent, from roughly 557,000 workers to 398,000.” As the paper shows, China has no competitive advantage or cost advantage that would lead to the lower prices that are powering this surge. Labor is only 4% of the cost, and they import much of the pulp for the paper. They don’t have economy of scale. It is only the government subsidies that enable them to take over the industry. From the Alliance for American Manufacturing , (See press release here .) China’s massive subsidies to its paper sector are doing severe damage to the U.S. paper industry, its workers and their families,” said Scott Paul, executive director of the Alliance for American Manufacturing (AAM). “The only way to stop the bleeding is for U.S. policymakers to take action against China’s blatant violations of trade laws, including sweeping subsidies to paper and many other industries.” The manufacturethis blog lets you look up how many jobs this costs in your state and Congressional district . We need better trade law enforcement. Sign up here for the CAF daily summary .

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Roger Hickey: In Deficit "Town Meetings," People Reject America Speaks’ Stacked Deck

June 27, 2010

On Saturday, the group known as America Speaks ( funded by Wall Street mogul Peter G. Peterson and two other foundations) brought together several thousand people in meetings in 60 cities. They gave participants misleading background information about the federal deficit and economic options to achieve fiscal “balance” and future prosperity. Peterson cannot be pleased with the participants’ mainly progressive policy choices, which will be presented on June 30 to the Deficit Commission that Peterson encouraged President Obama to create. According to America Speaks’ own press release , when a scientifically selected group of participants picked up their electronic voting devices, they overwhelmingly supported proposals to Raise tax rates on corporate income and those earning more than $1 million. Reduce military spending by 10 to 15 percent, Create a carbon tax and a securities-transaction tax. This pretty progressive set of solutions emerged from the process many feared would be skewed to the solutions of conservative deficit hawks. America Speaks was certainly not pushing the discussion in a progressive direction. The background materials — and policy options — provided to participants were anything but fair and balanced, as analysis by economist Dean Baker demonstrated. Most egregious were the following: Social Security. America Speaks gave participants no explanation of the fact that Social Security has its own source of funding, and thus does not contribute a dime to the deficit. Americans actually have been paying extra payroll taxes to create a trust fund that will make sure full benefits can be paid for decades into the future — and thus there is no rational reason to cut Social Security benefits (or raise the retirement age) in order to reduce the Federal deficit. But you wouldn’t know that from the America Speaks materials or explanations. The Social Security program is simply presented as another big spending program and participants were presented with various ways to cut benefits. Given all this, a majority endorsed raising the retirement age for full benefits to 69 — a benefit cut for future retirees. But they also chose the progressive plan to raise the cap on taxable earnings subject to Social Security taxes, thus producing income for the system from greater portion of higher income peoples’ wages. Medicare and Medicaid. The America Speaks background materials actually did acknowledge that the rising budgetary costs of Medicare and Medicaid are driven by the fact that our whole health care system is broken — and costing both the private sector and government programs much more per person than in countries that have much better health outcomes. They even acknowledged that thoroughgoing reform — like single-payer health care system — is the only way to control those rising costs. However, when it came to options the participants were allowed to vote on, they were all variations on how much people wanted to cut Medicare and Medicaid benefits. At this point in the proceedings, the America Speaks founder and President, Carolyn Lukensmeyer had to acknowledge a rebellion in the ranks. People were demanding to have the option of voting for “single-payer” reform instead of cutting Medicare and Medicaid, and when she announced a complicated process of writing in that alternative, a roar of approval went up from the crowd in several locations. Their press release doesn’t report how many people chose this difficult to select option, but the organization clearly had had to scramble to quell a revolt by participants. (Note: their press release states that people chose to “cut health care spending by at least five percent,” but the choice was really to cut government health programs five percent — and my reading of the charts online was that only 21 percent of participants chose that option, with 71 percent choosing “no change.”) Austerity vs Growth. Finally, the organizers had heard enough protests from the Economic Policy Institute and the AFL-CIO that they felt they had to assure the audience that they were not prioritizing deficit reduction over the need for economic stimulus to get the economy to start producing jobs. But after that ritual disclaimer, they went on to devote the vast majority of the day to deficits as our defining economic program. But David Dyen, an LA participant, wrote in a post on firedoglake , “While the cumulative effect of all this tends towards social safety net cuts rather than tax fairness, the crowd in Los Angeles, at least, wasn’t biting at first. In surveying the discussion groups, most people seemed more concerned about the desperate need for more stimulus spending to move the economic recovery forward… In the nationwide instant survey, taken by participants through electronic devices at all 19 America Speaks sites, 61% said the government needed to do more to strengthen the recovery, with only 25% opposed. Even with a push poll question asking if participants supported government programs to increase growth “if it increases the deficit,” got a majority, 51%, of the nation-wide group of participants. My next-day posting here — claiming participants mostly rejected conservative nostrums — is based on watching the process online, from reports from people who attended events around the country — and on a fairly sketchy press release put out by America Speaks on Thursday, just after the town meetings. But America Speaks billed these events as a nation-wide scientific experiment in finding out what the “American people” think about the economic way forward. They are thus duty bound to publish a full report on the details of every single question — and voting results — that participants were asked to make decisions about. It is especially important that they put out this comprehensive report because they are also scheduled to summarize their findings before a special public meeting of the White House Deficit Commission on June 30. Only then can the people who participated in the process judge whether their surprisingly progressive decisions are being accurately presented to the Commission.

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Lee&rsquos Henderson Says 20 Apartment Sales Scrapped

June 16, 2010

By Kelvin Wong June 16 (Bloomberg) — Hong Kong billionaire Lee Shau-kee ’s Henderson Land Development Co. said the sale of 20 luxury apartments collapsed, ending HK$2.67 billion ($342 million) in deals that sparked a government inquiry and fueled efforts to rein in home prices. Most buyers pulled out of the 39 Conduit Road project in Hong Kong’s Mid-Levels district, Henderson said in a filing to the stock exchange yesterday, responding to government demands for more information on the sales of 24 units. Henderson said it has sold four of the units and will record a charge of HK$734 million in its half-year results. The failure of the sales, including a unit that would have set a world record price of HK$88,000 ($11,300) per square foot, marks a setback for Hong Kong’s second-richest man as regulators try to cool the city’s surging property market. Lee had said in March buyers could have more time to complete the deals. The cancellations are “quite a negative surprise,” said Raymond Ngai , Hong Kong-based analyst at JPMorgan Chase & Co. “Those record prices they reported earlier, I doubt they’ll be able to sell them at those prices again,” Ngai said by telephone. “To sell them for around HK$30,000 per square foot is still quite possible. But selling an apartment at HK$70,000 a square foot is just too out of line with the market.” No Price Cuts “We won’t be cutting prices,” Lee, Hong Kong’s second- richest man, told reporters yesterday. “Maybe we’ll make more money when we sell these apartments again.” Henderson announced the sale cancellations after the stock market in Hong Kong closed yesterday and the market is shut for a public holiday today. Henderson Land shares closed at HK$47.80 yesterday and have slumped 18 percent this year, the biggest drop among the seven-member Hang Seng Property Index . Responding to an outcry over rising property prices last year, Hong Kong raised down-payments on luxury homes to 40 percent from 30 percent and clamped down on marketing techniques. The HK$439 million apartment Henderson had said was sold for a record — based on usable space excluding common areas — was listed on the 68th floor while it was actually on the 45th. Floor numbers are often skipped in Hong Kong to avoid those considered unlucky. Henderson included sales of the 24 apartments plus one that was sold in a completed transaction as part of its revenue of HK$15.2 billion for the 18 months ended December 2009, the company reported March 30. Prices Climb The total price of the 20 apartments whose sales collapsed came to HK$2.67 billion, Henderson spokeswoman Bonnie Ngan said by telephone today. Henderson said yesterday it was confident in selling the apartments because of the “prestigious” location, and will be “sparing” with sales. Hong Kong’s government responded to Henderson’s filing, saying “clear market information” is important to the city. “The government is determined to create a fairer and a more transparent environment for flat purchasers,” the government said in a press release on its website. Home prices in Hong Kong have risen 5.7 percent this year, adding to 2009’s 29 percent advance and raising concerns the market is overheating. Hong Kong builders often sell apartments before they are completed, drawing in customers by showing models of the homes. The government this month tightened rules on new home sales, including the use of show apartments and asking developers to disclose properties sold to their own executives. Financial Secretary John Tsang in February announced higher stamp duty on luxury properties and pledged to raise the supply of land as it wants to reduce the risk of “a property bubble” and keep housing affordable. To contact the reporters on this story: Kelvin Wong in Hong Kong at kwong40@bloomberg.net

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Lee Shau-Kee’s Henderson Says World-Record Hong Kong Home Sale Scrapped

June 15, 2010

By Kelvin Wong June 16 (Bloomberg) — Henderson Land Development Co. , controlled by Hong Kong billionaire Lee Shau-kee , said it will take a charge of HK$734 million ($94 million) against earnings after sales of 20 luxury flats were canceled — including one it had claimed as a world record. While Henderson had included transactions for 24 units in the 39 Conduit Road project in its earnings, just four of the sales have closed, it said in a filing to the stock exchange yesterday. The charge will come from first-half results, and will be less for the full year if any of the apartments are sold again, the company said. Henderson made the disclosure after Hong Kong’s government repeatedly told the company to explain home sales that were agreed though not completed. Henderson said in October it sold an apartment in the project for a world record HK$88,000 a square foot. That transaction was one of those canceled, spokeswoman Bonnie Ngan said by telephone. The cancellations are “quite a negative surprise that nobody was expecting,” said Raymond Ngai , Hong Kong-based analyst at JPMorgan Chase & Co. “Those record prices they reported earlier, I doubt they’ll be able to sell them at those prices again,” Ngai said by telephone. “To sell them for around HK$30,000 per square foot is still quite possible. But selling an apartment at HK$70,000 a square foot is just too out of line with the market.” No Price Cuts “We won’t be cutting prices,” Lee, Hong Kong’s second- richest man, told reporters yesterday. “Maybe we’ll make more money when we sell these apartments again.” Responding to an outcry over rising property prices last year, Hong Kong raised down-payments on luxury homes to 40 percent from 30 percent and clamped down on marketing techniques. The HK$439 million apartment Henderson said was sold for a record — based on usable space excluding common areas — was listed on the 68th floor while it was actually on the 45th. Floor numbers are often skipped in Hong Kong to avoid those considered unlucky. Henderson included sales of the 24 apartments plus one that was sold in a completed transaction as part of its revenue of HK$15.2 billion for the 18 months ended December 2009, the company reported March 30. Henderson said yesterday it had paid back deposits of 5 percent of the agreed purchase prices and entered cancellation agreements, refunding other payments. It’s confident because of the “prestigious” location, and will be “sparing” with sales. Prices Climb Hong Kong’s government responded to Henderson’s filing, saying “clear market information” is important to the city. “The government is determined to create a fairer and a more transparent environment for flat purchasers,” the government said in a press release on its website. Home prices in Hong Kong have risen 5.7 percent this year, adding to 2009’s 29 percent advance and raising concerns the market is overheating. Hong Kong builders often sell apartments before they are completed, drawing in customers by showing models of the homes. The government this month tightened rules on new home sales, including the use of show apartments and asking developers to disclose properties sold to their own executives. Financial Secretary John Tsang in February announced higher stamp duty on luxury properties and pledged to raise the supply of land as it wants to reduce the risk of “a property bubble” and keep housing affordable. To contact the reporters on this story: Kelvin Wong in Hong Kong at kwong40@bloomberg.net

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Record Hong Kong Home Sale Collapses as Buyers Pull Out of Henderson Deal

June 15, 2010

By Kelvin Wong June 16 (Bloomberg) — Henderson Land Development Co. , controlled by Hong Kong billionaire Lee Shau-kee , said it will take a charge of HK$734 million ($94 million) against earnings after sales of 20 luxury flats were canceled — including one it had claimed as a world record. While Henderson had included transactions for 24 units in the 39 Conduit Road project in its earnings, just four of the sales have closed, it said in a filing to the stock exchange yesterday. The charge will come from first-half results, and will be less for the full year if any of the apartments are sold again, the company said. Henderson made the disclosure after Hong Kong’s government repeatedly told the company to explain home sales that were agreed though not completed. Henderson said in October it sold an apartment in the project for a world record HK$88,000 a square foot. That transaction was one of those canceled, spokeswoman Bonnie Ngan said by telephone. The cancellations are “quite a negative surprise that nobody was expecting,” said Raymond Ngai , Hong Kong-based analyst at JPMorgan Chase & Co. “Those record prices they reported earlier, I doubt they’ll be able to sell them at those prices again,” Ngai said by telephone. “To sell them for around HK$30,000 per square foot is still quite possible. But selling an apartment at HK$70,000 a square foot is just too out of line with the market.” No Price Cuts “We won’t be cutting prices,” Lee, Hong Kong’s second- richest man, told reporters yesterday. “Maybe we’ll make more money when we sell these apartments again.” Responding to an outcry over rising property prices last year, Hong Kong raised down-payments on luxury homes to 40 percent from 30 percent and clamped down on marketing techniques. The HK$439 million apartment Henderson said was sold for a record — based on usable space excluding common areas — was listed on the 68th floor while it was actually on the 45th. Floor numbers are often skipped in Hong Kong to avoid those considered unlucky. Henderson included sales of the 24 apartments plus one that was sold in a completed transaction as part of its revenue of HK$15.2 billion for the 18 months ended December 2009, the company reported March 30. Henderson said yesterday it had paid back deposits of 5 percent of the agreed purchase prices and entered cancellation agreements, refunding other payments. It’s confident because of the “prestigious” location, and will be “sparing” with sales. Prices Climb Hong Kong’s government responded to Henderson’s filing, saying “clear market information” is important to the city. “The government is determined to create a fairer and a more transparent environment for flat purchasers,” the government said in a press release on its website. Home prices in Hong Kong have risen 5.7 percent this year, adding to 2009’s 29 percent advance and raising concerns the market is overheating. Hong Kong builders often sell apartments before they are completed, drawing in customers by showing models of the homes. The government this month tightened rules on new home sales, including the use of show apartments and asking developers to disclose properties sold to their own executives. Financial Secretary John Tsang in February announced higher stamp duty on luxury properties and pledged to raise the supply of land as it wants to reduce the risk of “a property bubble” and keep housing affordable. To contact the reporters on this story: Kelvin Wong in Hong Kong at kwong40@bloomberg.net

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Henderson Cancels Sale of Flats as Hong Kong Questions World Record Price

June 15, 2010

By Kelvin Wong June 16 (Bloomberg) — Henderson Land Development Co. , controlled by Hong Kong billionaire Lee Shau-kee , said it will take a charge of HK$734 million ($94 million) against earnings after sales of 20 luxury flats were canceled — including one it had claimed as a world record. While Henderson had included transactions for 24 units in the 39 Conduit Road project in its earnings, just four of the sales have closed, it said in a filing to the stock exchange yesterday. The charge will come from first-half results, and will be less for the full year if any of the apartments are sold again, the company said. Henderson made the disclosure after Hong Kong’s government repeatedly told the company to explain home sales that were agreed though not completed. Henderson said in October it sold an apartment in the project for a world record HK$88,000 a square foot. That transaction was one of those canceled, spokeswoman Bonnie Ngan said by telephone. The cancellations are “quite a negative surprise that nobody was expecting,” said Raymond Ngai , Hong Kong-based analyst at JPMorgan Chase & Co. “Those record prices they reported earlier, I doubt they’ll be able to sell them at those prices again,” Ngai said by telephone. “To sell them for around HK$30,000 per square foot is still quite possible. But selling an apartment at HK$70,000 a square foot is just too out of line with the market.” No Price Cuts “We won’t be cutting prices,” Lee, Hong Kong’s second- richest man, told reporters yesterday. “Maybe we’ll make more money when we sell these apartments again.” Responding to an outcry over rising property prices last year, Hong Kong raised down-payments on luxury homes to 40 percent from 30 percent and clamped down on marketing techniques. The HK$439 million apartment Henderson said was sold for a record — based on usable space excluding common areas — was listed on the 68th floor while it was actually on the 45th. Floor numbers are often skipped in Hong Kong to avoid those considered unlucky. Henderson included sales of the 24 apartments plus one that was sold in a completed transaction as part of its revenue of HK$15.2 billion for the 18 months ended December 2009, the company reported March 30. Henderson said yesterday it had paid back deposits of 5 percent of the agreed purchase prices and entered cancellation agreements, refunding other payments. It’s confident because of the “prestigious” location, and will be “sparing” with sales. Prices Climb Hong Kong’s government responded to Henderson’s filing, saying “clear market information” is important to the city. “The government is determined to create a fairer and a more transparent environment for flat purchasers,” the government said in a press release on its website. Home prices in Hong Kong have risen 5.7 percent this year, adding to 2009’s 29 percent advance and raising concerns the market is overheating. Hong Kong builders often sell apartments before they are completed, drawing in customers by showing models of the homes. The government this month tightened rules on new home sales, including the use of show apartments and asking developers to disclose properties sold to their own executives. Financial Secretary John Tsang in February announced higher stamp duty on luxury properties and pledged to raise the supply of land as it wants to reduce the risk of “a property bubble” and keep housing affordable. To contact the reporters on this story: Kelvin Wong in Hong Kong at kwong40@bloomberg.net

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Goldman Sachs Fraud Settlement May Hinge on How SEC Can Justify a Penalty

May 21, 2010

By Jesse Westbrook and David Scheer May 21 (Bloomberg) — Analysts predict Goldman Sachs Group Inc. will pay $1 billion or more to settle a Securities and Exchange Commission fraud suit that triggered a 26 percent drop in the firm’s stock. Extracting such a record-setting penalty may be easier said than done. When it comes to presenting a settlement for court approval, the SEC will have to “have a good explanation and justification for the number,” said Donald Langevoort , a former SEC attorney who teaches securities law at Georgetown University in Washington. Looming over negotiations between the SEC and Wall Street’s most profitable investment bank is a reminder from Judge Jed Rakoff that courts can reject settlements — even when the SEC’s adversary is willing and able to pay. Rakoff, a U.S. district court judge in Manhattan, refused to sign off on a $33 million accord with Bank of America Corp. in September, noting that the SEC didn’t justify how it came up with the dollar amount. A sanction in the range of $1 billion would be hard to justify based on the allegations in the Goldman Sachs complaint, according to James Coffman , a former SEC enforcement official who retired in 2007. That figure would be more than double what any Wall Street firm has agreed to pay as part of a civil settlement with authorities. Under one formula outlined in securities laws, the SEC could impose a maximum $15 million penalty on the bank to resolve fraud allegations that it misled buyers of mortgage- backed investments. That formula has been routinely ignored in enforcement cases and the SEC will seek more from a firm depicted as an icon of Wall Street greed at congressional hearings, Coffman said. $1 Billion ‘Goalpost’ The SEC’s April 16 complaint accused Goldman Sachs of defrauding investors in a collateralized debt obligation linked to home loans. The firm concealed the fact that Paulson & Co., a New York-based hedge fund, picked components of the CDO and bet it would collapse, the agency said. Goldman Sachs, which underwrote and marketed the product in 2007, collected about $15 million in fees and Paulson reaped a $1 billion profit. The remaining investors lost more than $1 billion, according to the complaint. Goldman Sachs, led by Chief Executive Officer Lloyd Blankfein , 55, has denied wrongdoing. Paulson hasn’t been accused of any impropriety and the firm’s founder, John Paulson , has said it didn’t market the transaction or have authority to select securities in the CDO. The $1 billion loss for investors has become the minimum “goalpost” that the public expects the SEC to reach, according to James Cox, a securities law professor at Duke University in Durham, North Carolina. ‘Whatever it Takes’ A settlement would cost the firm “at least $1 billion, if not more, which they can easily pay,” Matt McCormick , an analyst at Bahl & Gaynor Inc. in Cincinnati, which manages about $2.8 billion, said in an April 30 Bloomberg Television interview. The firm “will do whatever it takes to get this away, or at least they should.” As the agency’s first effort to punish a bank for creating and selling securities tied to subprime mortgages, the Goldman Sachs case will be dissected by the industry, in Congress and in the media, Coffman said. “There’s been a lot of attention paid to this on Capitol Hill and in the press,” said Coffman, who predicts Goldman Sachs will pay about $100 million. The SEC will consider “how much public interest there is in sending a strong message and coming up with a settlement that shows the cops are on the beat.” SEC spokesman John Nester and Goldman Sachs spokesman Michael Duvally declined to comment. Softening Its Tone Public statements from Goldman Sachs have softened in the month since the SEC announced its case as the firm’s image and stock price have taken a beating. In an April 16 press release , Goldman Sachs called the suit “completely unfounded” and pledged to “vigorously” defend its reputation. Four days later, co-General Counsel Greg Palm broached the idea of resolving the case, saying on a conference call with investors that “you always have the option” of settling if both sides forge an agreement. In the days following an April 27 Senate hearing where Goldman Sachs managers were accused of putting the firm’s interest ahead of clients, two executives at the firm who spoke on condition of anonymity said the company was eager to settle the SEC case in an attempt to contain the reputational damage. Ramifications of Accord The subject of how much money the firm may pay hasn’t been raised during early discussions between the SEC and Goldman Sachs, according to a person briefed on the matter, speaking anonymously because the talks were private. Negotiations are more likely to stall over the way the SEC ultimately describes the firm’s conduct, rather than the size of any fine, said two people familiar with Goldman Sachs’s thinking. Goldman would resist agreeing to a settlement that includes an allegation of fraud, because doing so could hurt the firm’s business, they said. Settling a fraud case would restrict Goldman Sachs and its employees from managing investment companies registered with the SEC, unless the bank got an exemption from the agency. Goldman Sachs’s asset management unit currently oversees mutual funds, money-market funds and bond funds, according to its website . Goldman Sachs would also risk losing its ability to raise money quickly through securities sales without meeting certain regulatory burdens. The SEC and New York-based Goldman Sachs will have to litigate if they can’t agree on an accord. ‘Pecuniary Gain’ The SEC suit cites the Securities Act of 1933 and the Securities Exchange Act of 1934. Both laws limit their most severe fines to either $650,000 per violation or the “pecuniary gain” reaped by the defendant. SEC investigators don’t have to follow those limitations if they can persuade companies to pay more, a majority of agency commissioners vote to approve the settlement and a judge signs off on the accord, said former SEC Commissioner Paul Atkins . “It’s basically what the two sides hammer out,” he said. Goldman Sachs argues the $15 million in commissions it received for putting the CDO together were offset by more than $90 million the firm lost on its own stake in the transaction. ABN Amro Bank NV lost more than $840 million and Dusseldorf, Germany-based IKB Deutsche Industriebank AG lost most of its $150 million investment, according to the SEC. The SEC typically requires defendants in a settlement to pay a fine and return ill-gotten profits to victims. Citigroup’s 2003 Settlement Citigroup Inc. paid $400 million in 2003 to settle SEC and state allegations that its analysts hyped telecommunications stocks that its researchers privately thought were underperformers. The SEC said in its complaint that Citigroup made $790 million in revenue from underwriting telecom securities from 1999 through 2001, relying on analysts to “generate substantial profits” for the company’s investment bankers. Citigroup agreed to a $150 million fine, returned $150 million of ill-gotten gains, and paid $100 million to provide clients with independent research and investor education. Bank of America , in the second-biggest agreement between the SEC and a bank in the past decade, paid $375 million in 2004 to settle claims the company didn’t disclose that some of its mutual funds allowed clients to make trades detrimental to other investors. Charlotte, North Carolina-based Bank of America paid a $125 million fine and $250 million in disgorgement. Its fine was 10 times the $12.5 million in revenue the SEC said it received from one of the hedge funds making improper trades. Prudential’s Choice Prudential Securities Inc. agreed in a 1993 settlement with the SEC and state regulators to pay $371 million in restitution and fines, and to fully compensate all investors who lost money in oil, gas and real estate partnerships it sold without disclosing the risks. Over time the company paid more than $1 billion to resolve claims dating back to the 1980s. Goldman Sachs remains the most profitable firm in Wall Street history. It earned $13.4 billion in 2009 and an additional $3.5 billion in the first three months of 2010. “Money hurts but limitations on business can hurt in a lot more ways and that can be the hurt that keeps on giving,” Coffman said. To contact the reporter on this story: Jesse Westbrook in Washington at jwestbrook1@bloomberg.net ; David Scheer in New York at dscheer@bloomberg.net .

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Simon Johnson: When Will Chris Dodd Start Taking Yes For An Answer?

April 25, 2010

Senator Chris Dodd is a tactical legislative genius – keep this clearly in your mind during the days ahead. In terms of maneuvering for the outcomes he seeks, managing the votes, and controlling the floor, you have rarely seen his equal. Senator Dodd wants some financial reform – enough to declare victory – but not so much as to seriously undermine the prevalence of megabanks on Wall Street. You can take whatever view you like on his motivation – but Senator Dodd himself is quite open about his thinking and intentions . Given the mounting pressure from many sides – including Federal Reserve Bank presidents – to implement significantly more reform (see also David Warsh’s Sunday evening assessment ), for example using some version of the Brown-Kaufman SAFE banking act , how exactly will Senator Dodd prevail? 1) He knows that the Republican leadership will mount a disinformation campaign, trying to muddy the waters by claiming that the Dodd bill “institutionalizes bailouts”. This top-down Republican line is complete and deliberate misrepresentation – designed purely to prevent real reform. Every time it is repeated, Senator Dodd’s position becomes stronger because people who really want reform need to rally to his defend his approach. 2) The Republican attacks also justify the Democratic leadership and various pro-reform groups telling people: Don’t confuse the message. Everyone in the center and on the left is lobbied to emphasize that Senator Dodd’s bill will completely “end too big to fail” – if you deviate from this line, you will be accused of falling in with Mitch McConnell’s dangerous views. Expect this pressure to intensify in coming days – requests for responsible and transparent debate on policy options will be drowned out and pushed aside by the pressure for conformity (underpinned by the desire not to undermine Wall Street campaign contributions too much). 3) As the White House pushes back against the Republicans, this will further strengthen Senator Dodd – he is the congressional standard bearer, after all. And everyone knows that he needs 60 senators on his side in order to prevail, so some weakening of the bill is presumed inevitable and must be accepted in the reasonable name of making some progress. But this is where the pure genius of Senator Dodd enters the equation – with an audacity that makes you whistle with appreciation for the art (although not the substance). The presumption is that Senator Dodd is negotiating with one or more Republicans who are the easiest to bring on board. This would make sense if Senator Dodd wanted the strongest bill possible. Senator Chuck Grassley voted for strong derivatives reform in the Agriculture Committee; Senator Olympia Snowe also seems on board with that agenda. Senators John Thune and Bob Corker are saying in public that Republicans want to vote for reform (although it’s a good question what this means exactly). Senator Jim Bunning voted with Senator Bernie Sanders in the Budget committee – on what is being seen as a test vote on breaking up banks ( Sanders’s press release ; Huffington Post coverage ). Senator Scott Brown is wavering in broad daylight. Senator George Voinovich is retiring and rumored to be flexible on financial reform issues. But Senator Dodd is closeted in negotiations with Senator Richard Shelby – who stands for the most pro-Wall Street bill possible. The goal is apparently not to give up as little as possible and still get a bill. The goal is to bring as many supporters of Wall Street as possible on board with the legislation, at the same time as framing the issues so the pro-reform camp looks bad when it presses for more. As we head into what is likely to be the decisive week, Senator Dodd controls the clock, can determine what is debated on the Senate floor, and – whenever he feels hard pressed – remind everyone to toe his line or fear the extreme Republicans. At this point, only the White House can bring sufficient pressure for the Brown-Kaufman bill to get an up-or-down vote; the odds are against this being what the White House really wants to do . But keep calling the White House and the Senate Democratic leadership .

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Citigroup’s Parsons to Meet `Vocal’ Investors After Stock Is Diluted 81%

April 19, 2010

By Bradley Keoun April 20 (Bloomberg) — Individual investors in Citigroup Inc. who have been diluted by 81 percent during the past year may try to amplify what little say they have left at today’s annual meeting. Shouting erupted and share-owning nuns took to the mike at last year’s six-hour-plus session, presided over by Citigroup Chairman Richard Parsons . Though the shares have risen about 34 percent in the past year, closing yesterday at $4.88, that’s a fraction of the $26 they fetched in April 2008. Shareholders who typically attend the meeting are a “vocal minority,” said Warren Neel , executive director of the Corporate Governance Center at the University of Tennessee. “The only thing they have is the podium to express their passion.” Chairman Richard Parsons and Chief Executive Officer Vikram Pandit have issued more than 23 billion new shares during the past year to bolster a weakened capital base and repay $45 billion of bailout funds. The U.S. government alone owns 7.7 billion shares, a 27 percent stake that dwarfs the 5.5 billion shares outstanding in March 2009. Complaints from small shareholders probably had little in common with the investing strategies of hedge funds who bought at a stock price below $5, said David Hendler , an analyst at CreditSights Inc. Seeking ‘the Upside’ “The big hedge funds have been involved in the stock to try to enjoy the upside,” Hendler said. Paulson & Co., the hedge fund tied to an April 16 lawsuit filed against Goldman Sachs Group Inc. by the Securities and Exchange Commission, Fairholme Capital Management LLC and Appaloosa Management LP own a combined 859 million shares , based on filings as of Dec. 31. The government of Singapore owns 1.12 billion shares. Citigroup said yesterday that profit more than doubled in the first quarter. Net income of $4.43 billion, or 14 cents per share on an adjusted basis, followed a loss of $7.58 billion in the fourth quarter and a profit of $1.59 billion in the first three months of 2009. Institutional shareholders rarely attend annual meetings, instead voting by proxy , Neel said. They typically get favored access to management to address their concerns, he said. In February, Pandit visited billionaire Saudi Prince Alwaleed bin Talal at a resort in Riyadh, according to a press release yesterday from Kingdom Holding Co., the prince’s investment firm. Alwaleed owned 218 million shares as of November 2008, according to Bloomberg data. Alwaleed Impressed Alwaleed, who initially invested in the bank in 1991, participated along with other institutional investors in a January 2008 preferred-share investment of $12.5 billion. Those shares later were converted into common stock. The prince also met Pandit earlier this year in New York, and he also met Parsons , according to the Kingdom statement. “Citigroup has demonstrated its ability to overcome the recent economic obstacles,” Alwaleed said in his statement. “I commend Citigroup’s performance and the management of Citigroup.” Contrast those comments with the views of Russell Forenza, 66, a retiree based in Ridgewood, New Jersey. In an interview yesterday, Forenza said he owns 20,000 shares and that he plans to present a bill to Citigroup’s board for his $1.5 million of losses . Forenza attended the annual meeting in April 2008 to advocate the ouster of Citigroup’s board. Management ‘Not Qualified’ “It’s a disgrace,” Forenza said. “Management does not know what they’re doing. They’re just simply not qualified.” At last year’s meeting, few speakers praised the board. One shareholder, Arthur Friedman, a retired accountant from Woodmere, New York, with 20,000 shares, said in an interview before the meeting began that Citigroup’s governance was “not capitalism. This is cronyism. Why are these guys still running the show?” When Citigroup General Counsel Michael Helfer announced the results later in the meeting, he said that no Citigroup director had failed to garner at least 70 percent of votes. “The shareholders have spoken,” Parsons said. Since then, three of the board members who were targeted for removal by shareholder advocates have been replaced: former Xerox Corp. Chairman Anne Mulcahy , former AT&T Inc. Chairman Michael Armstrong and former Central Intelligence Agency Director John Deutch . Proxy adviser Glass, Lewis & Co. , which counsels shareholders on corporate-governance issues, recommended votes against Parsons and other directors who have served on the company since before the financial crisis. The others include Alcoa Inc. Chairman Alain Belda , Dow Chemical Co. CEO Andrew Liveris and Rockefeller Foundation President Judith Rodin . The California Public Employees’ Retirement System, known as Calpers, said on its Web site yesterday that it opposes the re-election of two Citigroup directors. Calpers will cast “withhold” votes for Citigroup board nominees Andrew Liveris and Judith Rodin at the company’s annual shareowners’ meeting. ‘Nice Media Commentary’ Evelyn Y. Davis , a regular attendee at Citigroup’s annual meeting and those of other companies including Goldman Sachs Group Inc., said she objects to one of Citigroup’s new directors, former Mexico President Ernesto Zedillo . “He does not represent the shareholders, just the interests of Mexico,” Davis said. Pandit is grappling with troubled assets bestowed upon him by his predecessor, Charles O. “Chuck” Prince, CreditSights’s Hendler said. The job was so daunting that he’s still partly sheltered from criticism after more than two years on the job , Hendler said. “It makes for nice media commentary when people pound the table,” Hendler said. “But he really wasn’t part of the original problems.” To contact the reporters on this story: Bradley Keoun in New York at bkeoun@bloomberg.net .

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Jill Schlesinger: SEC Charges Goldman Sachs: Ahab Goes After Moby Dick

April 17, 2010

From hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee. – Herman Melville “Moby Dick” It’s not Mary Schapiro ‘s last breath, but she sure did stab at the ” Vampire Squid ” this morning. The SEC charged Goldman Sachs (press release here ) and one of its vice presidents with fraud for misstating and omitting key facts in structuring and marketing a collateralized debt obligation (CDO) tied to subprime mortgages. The complaint alleges that hedgie legend John Paulson ‘s fund played a role in selecting residential mortgage-backed securities that went into a CDO created by Goldman. ( CNBC is saying that Paulson’s former employee Paolo Pellegrini ratted him out spilled the beans to the SEC, after the agency came hunting for info on Paulson). Now pay attention–this stuff is complicated. Goldman created a vehicle called Abacus 2007-AC1 , which was filled with a bunch of toxic crap that would be sold to Goldman clients. Why would they do such a thing? The SEC believes that Goldman was acting at the behest of Paulson, whose hedge fund wanted a fat, sloppy mortgage mess to bet AGAINST. How? Paulson would purchase credit default swaps that would pay him if the bonds in the vehicle failed. Neat, huh? Think of it like this: Goldman Sachs is asked by Paulson to sell a house that he knows is a fire hazard. Goldman markets the house to its clients and at the same time, Paulson purchases an insurance policy on the house in case it burns down. When the house does in fact burn down, Paulson collects a bunch of money (approximately $3.7B in 2007). And did I mention that Goldman ALSO bought some of that insurance too? This was known as the Magnetar trade–you can read about it in Yves Smith ‘s excellent book ” Econned ” or here in a great segment that aired on WBEZ ‘s This American Life . I’m no lawyer, but here’s my guess as to what is likely to occur: Goldman will deny any wrongdoing, claiming that everything was disclosed to the accredited investors (pension funds, foreign banks and other institutional investors) who purchased Abacus. And even if the SEC’s claim is sort of correct–that it wasn’t disclosed that Paulson was cherry-picking the bad stuff–Goldman will settle for some seemingly large, but ultimately not earth-shattering amount and go on its way. Remember that only Moby Dick and Ishmael survived… Image by Flickr User kdinuraj , CC 2.0

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Neil K. Shenai: Free Fraudin’ at Goldman

April 16, 2010

The SEC sued Goldman Sachs today claiming that it intentionally created a mortgage investment that was designed to fail. Goldman Sachs issued a press release in response, tersely dismissing the charges as ” completely unfounded in law and fact .” Before considering the merits of this charge, it is important to understand the nature of Goldman’s business offerings. In short, Goldman and other large financial institutions make money by putting themselves between both sides of large financial transactions. The transaction in question – an aptly ambiguously-named synthetic collateralized debt obligation (CDO) called Abacus 2007-AC1 – positioned the billionaire hedge fund manager John A. Paulson against several large pension funds, mutual funds, and other asset management companies. Paulson hand-selected a bundle of mortgage backed securities, backed by residential mortgages of dubious credit quality, against which he wanted to bet. Specifically, he wanted to purchase insurance policies, known as credit default swaps, which would pay off handsomely if the cash flows on the underlying mortgage backed securities ceased. Paulson sought Goldman’s help to structure this deal, using Goldman’s franchise to find sellers of the insurance. In order to find investors willing to insure Paulson’s target mortgage backed securities, Goldman told prospective investors that they would be investing in a pool of securities hand picked by an independent manager. The lawsuit alleges that Goldman misrepresented Paulson’s involvement in the Abacus deal. Time will tell if Goldman’s failure to disclose Paulson as the deal’s counter-party will constitute fraud. Still, there are several aspects of this transaction that get to the heart of the causes of the financial crisis. It is my central contention that suing Goldman Sachs does not address any of the following underlying causes, potentially distracting regulators from the real problems in our financial system outlined below: 1) Ratings agencies fueled moral hazard A brief glance at the offering document prepared by Goldman for their prospective investors shows that Paulson targeted mortgage backed that received some of the highest ratings from the various ratings agencies. Such gamesmanship of the ratings agencies is well documented . Investors relied on the ratings provided by Moody’s, S&P, and Fitch instead of doing their own due diligence on the mortgages in question. Investors are responsible for their own bad decisions. My own brief look into the offering document shows that investors were aware of the composition of their portfolio, as is required by law. Regardless of who chose the portfolio, investors had the same information that led Paulson to make his bearish bet on the housing market. In this sense, the SEC lawsuit ignores an age-old adage of free enterprise – caveat emptor. 2) Goldman routinely profited from the ignorance of their counter-parties Conventional wisdom holds that Goldman Sachs left the financial crisis relatively unscathed. Indeed, they repaid their TARP warrants with interest. Such an account neglects that Goldman’s various counter-parties, often rendered insolvent because of deals struck with Goldman, needed massive amounts of Federal aid to remain solvent themselves. In pursuing individual firm-level rational behavior, Goldman destabilized the entire financial system by bankrupting their business partners. Even if Goldman Sachs had enough foresight to hedge themselves against idiosyncratic credit risk, they failed to account for counter-party risk, forcing firms like AIG into the hands of government receivership. The suit in question is a case study in how Goldman readily feasted on the ignorance of their counter-parties. If Darwinian free market principles were to hold, Goldman’s counter-parties would have gone bankrupt, thereby eliminating the very system from which Goldman benefited. Alas, free market principles did not hold, unconditional bailouts occurred en masse , and Goldman’s counter-parties were free to fight another day. 3) Such transactions have little to do with a fully-functioning capital market Critics of financial reform contend that any attempt to reign in the country’s financial institutions will undermine the health of a fully-functioning capital market. Notice how the transaction in question was purely synthetic. There were no underlying cash instruments backing the deal. Moreover, Paulson’s use of credit default swaps were not used to hedge against pre-existing exposure. Instead, these derivatives were used for speculation. As long as the everyday functions of borrowing and lending stand conflated with casino speculation, systemic actors will find ways to defy financial market stability at disastrous costs. Ultimately, if the SEC were to apply the “Goldman Standard” of this lawsuit to other transactions of this type, numerous other financial institutions will have suit brought against them. Suing financial institutions for defrauding investors will never go out of style, especially in this hostile political environment. As an earnest believer in financial reform, I sincerely hope that lawsuits of this type will not supplant the passage of real useful reform of the financial system. In either event, Goldman will surely fight the charges. In that likely case, this lawsuit will ideally help jump-start a national dialog about what kind of financial system we want, and to what ends. It’s about time.

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David Serchuk: Glass-Steagall Fans Are Not Fools

April 2, 2010

In a recent interview with my former boss, Steve Forbes, Barclay’s Chief Executive Bob Diamond said something truly shocking . The subject was financial industry regulation, specifically The Glass-Steagall Act. Diamond contended that those who wish to see the return of this act simply don’t know what they’re talking about. This is his exact quote: “The thing I find interesting is that people that I’ve heard say, ‘Let’s return to Glass-Steagall,’ when challenged actually don’t know what Glass-Steagall was. And, you know, Glass-Steagall may or may not have been appropriate in the 1930s. We certainly shouldn’t be looking backwards; we should be looking forward.” Wow, that’s a lot to parse in just three sentences. And far be it from me to take issue with the thoughts of a leading banker, but that’s just what I am going to do. First, let’s be clear. I don’t know who Diamond has spoken to, but it’s fair to say there are among those who want its return who are smart, informed and experienced hands in the financial world. Among those hands none are more experienced, or indeed more respected, than Paul Volcker, advisor to President Obama and former Federal Reserve Chairman. He is also one of the few who can honestly claim to have righted a broken economy. Let there be no mistake Volcker is very much in favor of putting Glass-Steagall back in place. I base this on his statements before Committee On Banking And Financial Services of The House of Representatives, on September 24, 2009 . Though he never mentions Glass-Steagall by name this is what he said: “I particularly welcome the strong reaffirmation of one long-standing principal–the seperation of banking from commerce–that has long characterized the American approach toward financial regulation.” Folks, that is Glass-Steagall. In fact this is specifically what Glass-Steagall was drafted to do back in 1934: keep banks and brokerages from colluding because our leading politicians then, unlike now, recognized that when these combined it lead to financial ruin. Glass-Steagall was then in place, with some revisions, until 1999 when it was replaced by The Financial Services Modernization Act, aka The Gramm-Leach-Bliley Act. Gramm-Leach-Bliley in turn gave bankers what they had craved all along: unfettered ability to mingle banks and brokerages and watch them grow, grow, grow. This, to our sorrow, is exactly what happened. A little perspective is in order. When people think of the financial reforms of the New Deal, often the creation of the Federal Depositors Insurance Company is what comes to mind. In reality the FDIC was the last major piece of financial regulation created during FDR’s initial sweep of big reforms. The first thing he signed into law was Glass-Steagall. That’s how important it was. That it took over six decades for it to be overthrown, despite near constant lobbying from the financial services industry, is a testament to how reasonable, how good, how strong a piece of legislation it was. It is this legislation, which helped rebuild America’s financial services industry from the ruins, Diamond mocks. It is people like Volcker, that he belittles. Look, no banker wants Glass-Steagall back. Passing G-L-B was truly like handing the keys to the inmates. Banks went hogwild, soon becoming “too big to fail.” How could they not? This isn’t conjecture, it’s fact. At the end of 1999, just after G-L-B was signed into law the financial services industry comprised just 13% of the total value of the Standard & Poor’s 500 index. By three years ago, during the bubble, that total had risen to 20.1%. Of course what goes up must come down and that total had shrank to 8.8% by March 9, 2009 after the banks imploded. Now flush with taxpayer money the banks are back up to 16.3%. The lesson: banks win. When G-L-B was signed into law Senator Phil Gramm (R-Texas) crowed about his new legislation. His press release from November 4, 1999 reads today like the worst case of unintended irony ever: “I believe we have passed what will prove to be the most important banking bill in 60 years.” Yup, just not in the way he intended. Then he castigates the banking regime he just helped overthrow, calling it largely inefficient and, if you can believe it, “unstable.” That sound you just heard was you smacking your forehead in disbelief. As for G-L-B he insisted the future looked bright. It will “open up new competition,”–it did the opposite, making mega-banking conglomerates. It will “create wholly new financial services organizations in America”–it did, much to our woe. It will “literally bring to every city and town I America the financial services supermarket”–and it did, until they all collapsed and we ended up owning most of them. By Gramm’s own criterion Gramm-Leach-Bliley has to be considered a fiasco. This is from his closing floor statements from the day GLB was signed into law: “How will people judge whether we were successful in passing this bill today? … My test is, What are we trying to do in the bill? Are we trying to benefit banks or insurance companies or securities companies, or are we trying to benefit consumers and workers? … Ultimately the final judge of this bill is history.” It is and history has spoken … to the tune of $800 billion in bailouts and counting, funded by consumers and workers, benefiting banks. On second thought maybe I am being too kind to Gramm. It’s entirely likely his questions above were rhetorical … we just didn’t know it. David Serchuk is a writer and journalist living in Brooklyn, N.Y. You can read more of his work at www.brooklynbabydaddy.blogspot.com

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David Isenberg: The Unknown Contractor

March 29, 2010

In my March 25 post I mentioned how difficult it still is, despite years of trying, to collect accurate data on basic private military and security contractor (PMSC) facts, such as how many are there, And I noted that to help increase oversight of activities supporting the Defense and State departments and USAID’s efforts in Iraq and Afghanistan, the three agencies designated the Synchronized Predeployment and Operational Tracker (SPOT) as their system for tracking the required information. That information, required for each contract that involves work performed in Iraq or Afghanistan for more than 14 days, includes: * a brief description of the contract, * its total value, and * whether it was awarded competitively; and * for contractor personnel working under contracts in Iraq or Afghanistan, * total number employed, * total number performing security functions, and * total number killed or wounded. Now, despite years of effort SPOT still has problems in terms of collecting and saving information. Some reasons are disappointing but understandable, given differing methodologies for collecting and saving information across different departments and agencies. But one truly disappointing thing it does not do well is to keep track of contractors who are killed or wounded. According to John Hutton, Director, Acquisition and Sourcing Management, U.S. Government Accountability Office, who on March 23 testified before the House Armed Services Subcommittee on Oversight and Investigations regarding ” Interagency Coordination of Grants and Contracts in Iraq and Afghanistan: Progress, Obstacles, and Plans “: In addition to agreeing to use SPOT to track contractor personnel numbers, the agencies agreed to use SPOT to track information on contractor personnel killed or wounded. Although SPOT was upgraded in January 2009 to track casualties, officials from the three agencies informed us they are not relying on the database for this information because contractors are generally not updating the status of their personnel to indicate whether any of their employees were killed, wounded, or are missing. In the absence of using SPOT to identify the number of contractor personnel killed or wounded in Iraq and Afghanistan, the agencies obtain these data from other sources. Specifically, in response to requests made as part of our ongoing review, State and USAID provided us with manually compiled lists of the number of personnel killed or wounded, whereas DOD provided us with casualty data for U.S citizens, but could not differentiate whether the individuals identified were DOD civilian employees or contractors. While contractors are not active duty military, although they may very well have been not that long ago, they don’t deserve to be treated like the Unknown Soldier either. Whether or not you like the idea of the government relying on PMSC the reality is that they make a significant contribution, just like regular military personnel. Contractors know going in that if they are killed their family members won’t get the same survivor benefits, except for what they get under the Defense Base Act, as a soldier or marine who is killed. They know no chaplain will arrive at the door of their home to comfort the grieving. So it is really too much to ask that at the very least the government could at least kept track of those who are wounded and killed? After all, one can find contractor casualty lists on Wikipedia . If websites like Icasualties.org could include contractor casualties, as it used to do, the U.S. government with vastly greater informational resources at its disposal should be able to do so as well, albeit in far more comprehensive fashion. Some contractors are extremely good about letting the world know when their people are killed. DynCorp, for example, has for years, put out a press release every time one of its contractors dies. Why other contractors “are generally not updating the status of their personnel to indicate whether any of their employees were killed, wounded, or are missing” is an interesting question that someone ought to ask. Perhaps the Commission on Wartime Contracting can do so the next time it holds a hearing. Needless to say, SPOT data, should include contractors of any and all nationalities working for a PMC, not just a citizen of the host country

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EU’s Barroso backs clean-up levy on banks – Reuters

March 26, 2010

Reuters EU’s Barroso backs clean-up levy on banks Reuters Earlier this month, a row flared between Europe and the United States over how Brussels wants to regulate hedge funds and private equity. … Euro Strengthens As EU Leaders Reach Greece Financial Aid Agreement istockAnalyst.com (press release) WORLD FOREX: Euro Rises Vs Dollar, Yen On ECB Trichet Remarks MarketWatch Germany must help, not punish, Greece The Guardian BusinessWeek

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Thoma Bravo Taking Plato Learning Private

March 26, 2010

Thoma Bravo has agreed to acquire PLATO Learning Inc. (Nasdaq: TUTR), a provider of online learning solutions for K through adult. The deal is valued at approximately $143 million, or $5.60 per share (closed yesterday at $4.91 per share). PRESS RELEASE PLATO Learning, Inc. (Nasdaq: TUTR), a leading provider of K-adult online learning solutions, today announced it has entered into a definitive agreement to be acquired by an affiliate of Thoma Bravo, LLC in a transaction valued at approximately $143 million. The PLATO Learning board of directors unanimously approved the agreement and will recommend that the Company’s shareholders approve the transaction. Under the terms of the agreement, PLATO Learning shareholders will receive $5.60 in cash for each share of PLATO Learning common stock they hold, representing a premium of approximately 30% over the Company’s average closing price during the 30 trading days ending March 25, 2010 and a 34% premium over the Company’s average closing price during the 90 trading days ending March 25, 2010. “Our agreement with Thoma Bravo represents an attractive valuation for our shareholders, and we look forward to closing the transaction as quickly as possible,” said Vin Riera, PLATO Learning’s President and Chief Executive Officer. “We also look forward to partnering with Thoma Bravo in continuing to focus on delivering high quality PLATO Learning solutions to our customers.” “Thoma Bravo is excited to partner with PLATO Learning’s existing management team to enhance the Company’s growth and bring increased value to customers,” said Holden Spaht, a Principal at Thoma Bravo. “PLATO’s established solutions and experienced leadership team, coupled with Thoma Bravo’s expertise in buying and building software companies, presents an excellent opportunity for PLATO to further strengthen its position within the education technology market.” The transaction is subject to customary closing conditions, including requisite regulatory approvals and approval of PLATO Learning shareholders. The transaction is not subject to a financing condition. PLATO Learning expects the transaction to close in the Company’s fiscal quarter ending July 31, 2010. Thomas Weisel Partners LLC served as exclusive financial advisor to PLATO Learning, and Craig-Hallum Capital Group LLC provided a fairness opinion to the Company’s Board of Directors. About PLATO Learning, Inc. PLATO Learning is a leading provider of computer-based and e-learning instruction for kindergarten through adult learners, offering curricula in reading, writing, math, science, social studies, and life and job skills. For more information on PLATO Learning, visit www.plato.com. About Thoma Bravo, LLC Thoma Bravo is a leading private equity investment firm that has been providing equity and strategic support to experienced management teams building growing companies for more than 29 years. The firm originated the concept of industry consolidation investing, which seeks to create value through the strategic use of acquisitions to accelerate business growth. Thoma Bravo applies its investment strategy across multiple industries with a particular focus on the software and services sectors. In the software industry, Thoma Bravo has completed 49 acquisitions across 14 platform companies with total annual earnings in excess of $600 million. For more information on Thoma Bravo, visit www.thomabravo.com. Information regarding the solicitation of proxies In connection with the proposed transaction, PLATO Learning will file a proxy statement and relevant documents concerning the proposed transaction with the SEC relating to the solicitation of proxies to vote at a special meeting of shareholders to be called to approve the proposed transaction. The definitive proxy statement will be mailed to the shareholders of PLATO Learning in advance of the special meeting. Shareholders of PLATO Learning are urged to read the proxy statement and other relevant materials when they become available because they will contain important information about PLATO Learning and the proposed transaction. Shareholders may obtain a free copy of the proxy statement and any other relevant documents filed by PLATO Learning with the SEC (when available) at the SEC’s Web site at www.sec.gov. In addition, shareholders may obtain free copies of the documents filed with the SEC by PLATO Learning by contacting PLATO Learning Investor Relations by e-mail at investor.relations@plato.com or by phone at (952) 832-1000. PLATO Learning and its directors and certain executive officers may be deemed to be participants in the solicitation of proxies from PLATO Learning shareholders in respect of the proposed transaction. Information about the directors and executive officers of PLATO Learning and their respective interests in PLATO Learning by security holdings or otherwise is set forth in its proxy statements and Annual Reports on Form 10-K previously filed with the SEC. Investors may obtain additional information regarding the interest of the participants by reading the proxy statement regarding the acquisition when it becomes available. Each of these documents is, or will be, available for free at the SEC’s Web site at www.sec.gov and at the PLATO Learning Investor Relations Web site at www.PLATO.com/investor-relations.aspx. Cautionary statement regarding forward-looking statements This press release contains forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include statements regarding benefits of the proposed transaction, future performance, and the completion of the transaction. These statements are based on the current expectations of management of PLATO Learning, Inc., involve certain risks, uncertainties, and assumptions that are difficult to predict, and are based upon assumptions as to future events that may not prove accurate. Therefore, actual outcomes and results may differ materially from what is expressed herein. There are a number of risks and uncertainties that could cause actual results to differ materially from the forward-looking statements included in this document. For example, among other things, conditions to the closing of the transaction may not be satisfied and the transaction may involve unexpected costs, liabilities, or delays, any of which could cause the transaction to not be consummated. Additional factors that may affect the future results of PLATO Learning are set forth in its filings with the Securities and Exchange Commission, which are available at www.sec.gov. All forward-looking statements in this release are qualified by these cautionary statements and are made only as of the date of this release. PLATO Learning is under no obligation (and expressly disclaims any such obligation) to update or alter its forward-looking statements, whether as a result of new information, future events, or otherwise.

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BP to Pay $7 Billion for Devon’s Assets in Gulf of Mexico, Brazil, Caspian

March 11, 2010

By Brian Swint March 11 (Bloomberg) — BP Plc , Europe’s largest oil and gas company, will pay Devon Energy Corp. $7 billion in cash for assets in Brazil, the Gulf of Mexico and Azerbaijan. As part of the deal, Devon will buy a 50 percent interest in BP’s Kirby oil sands project in Canada, BP said in a press release in London today. The companies will form a 50-50 joint venture there, with Devon paying $500 million for its stake and committing to pay $150 million of BP’s capital costs. “This strategic opportunity fits well with BP’s operating strengths and key interests around the world,” said BP Chief Executive Officer Tony Hayward . “As well as giving us a broad portfolio of assets in the exciting Brazilian deepwater, it will strengthen our position in the Gulf of Mexico, enhance our interests in Azerbaijan and enable us to progress the development of Canadian assets.” Hayward said last week that BP was interested in gaining access to assets off the coast of Brazil as he tries to secure additional reserves. BP outpaced Exxon Mobil Corp. in oil production for the first time last year. To contact the reporter on this story: Brian Swint in London at bswint@bloomberg.net .

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Mike Elk: Steele Blasts Buy America For Being Too Weak, but GOP Opposed Buy America

February 19, 2010

GOP Chairman Michael Steele blasted the Obama administration in a fund-raising email earlier this week for allowing stimulus money designated for clean energy solutions to be spent on overseas companies. Which is interesting, because stimulus money going to overseas firms was the direct result of conservative opposition to attempts to keep that money in America. Steele wrote: Obama Promised Recovery Act “Will Create Good Jobs That Pay Well And Can’t Be Shipped Overseas.” (The White House, “Remarks By the President and the Vice President on the American Recovery and Reinvestment Act,” 4/13/09) REALITY: Recently Distributed Stimulus Funds Going To Foreign Corporations Creating Jobs Overseas. “Nearly half of the $2.4 billion in federal grant money awarded Wednesday to stimulate the U.S. economy and boost the production of hybrid and electric vehicles went to six companies with ties to places as far away as Russia, China, South Korea and France. … But because so few American companies have the necessary technology, much of the money will initially go toward manufacturing electric vehicle batteries overseas.” (Jerry Seper, “Obama Sends Stimulus Aid To Foreign Firms,” The Washington Times , 8/6/09) Steele is pointing out a fact that United Steelworkers President Leo Gerard noted months ago on CAF’s website : Of the $1.05 billion in clean energy grants awarded by D.C., $849 million — 84 percent — went to foreign wind companies, according to an analysis by Russ Choma of the Investigative Reporting Workshop. Gerard, who as president of the nation’s largest industrial union in the country was intimately involved in the negotiations, said : A strong, broad Buy-American clause in the stimulus bill could have prevented the off-shoring of U.S. tax dollars intended to create jobs for unemployed Americans. My union, the United Steelworkers, and the AFL-CIO pushed hard for that language, and polls showed 86 percent of Americans supported it. Republicans and lobbyists for multinational corporations that wanted to spend U.S. tax money overseas opposed Buy American provisions. Congress adopted weak, limited Buy American language. Now D.C. exports stimulus dollars to create jobs in foreign countries. Republicans went all out attacking Buy America as “bad for America” . Republican presidential candidate John McCain went on CBS’s Face the Nation on February 8, 2009: “I think it has policy changes in it which are fundamentally bad for America. For example, their ‘Buy America’ provision: that’s protectionism, and that did not work in any time in our history.” As recently as October 2009, GOP Congressional leaders held an event to call for the rollback of Buy America provisions claiming that Buy America provisions were “costing American jobs.” The truth is, as studies show, infrastructure investment can create by up to 33 percent more jobs when strong Buy America provisions are included. It’s ironic that Republicans who make a point of using strong rhetoric against Islamo-fascist terrorists go mute as Wall Street economic terrorists attack our country’s manufacturing base by shipping jobs overseas. Buy America provisions are supported by 86 percent of the American public who think American taxpayer money should go to create American jobs. Furthermore, as a recent Gallup/ USA Today poll shows, Americans think the best way to create jobs in this creation is through protecting manufacturing from foreign threats. Meanwhile, Steele issues another smoke-and-mirrors press release, hoping that voters won’t recognize that his conservative party is opposed to a policy that is essential to allowing American manufacturing to revive.

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Capital One to Reimburse Card Customers’ Annual Fees on Closed Accounts

February 19, 2010

By Alexis Leondis Feb. 18 (Bloomberg) — Capital One Financial Corp. , the third-biggest issuer of Visa credit cards, will reimburse customers a total of $775,000 for charging annual credit-card membership fees after borrowers asked to close their accounts, regulators said today. The McLean, Virginia-based company will pay customers who closed their accounts from 2004 to 2006 and were assessed membership fees on accounts with no outstanding balances, as part of an agreement with the Office of the Comptroller of the Currency, according to a press release from the OCC. “This problem was the result of a systems issue that we fixed in 2006,” said Tatiana Stead , a spokeswoman for Capital One. “At the time, we refunded membership fees for many customers who contacted us directly but, in retrospect, we should have done so for an additional 3,400 customers.” Capital One said it couldn’t provide average fees paid by customers because they varied by product. Capital One is going beyond the legal requirements and refunding membership fees for an additional 15,000 customers who paid their balances within 90 days of requesting their accounts be closed, Stead said. The card issuer reported fourth-quarter net income of $376 million, or 83 cents a share, compared with a loss of $1.45 billion, or $3.74, in the year-earlier period. Capital One’s shares rose 48 cents, or 1.3 percent, to $37.33 at 4:15 p.m. in New York Stock Exchange composite trading. Dow Jones Newswires reported the agreement earlier today. To contact the reporter on this story: Alexis Leondis in New York aleondis@bloomberg.net .

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Pension Gap Exceeding $1 Trillion Presents `Daunting’ Bill to U.S. States

February 18, 2010

By Darrell Preston and Nanette Byrnes Feb. 18 (Bloomberg) — U.S. states must contend with a more than $1 trillion gap between what they have saved and what they have promised to retired workers for pension and health-care benefits, the Pew Center on the States said in a report today. States have saved $2.35 trillion of the $3.35 trillion owed to workers as of mid-2008, the center said. The Washington-based group expects the deficit to grow because of investment losses states sustained in the second half of 2008, the report said. Illinois, Connecticut and New Jersey were among the 16 lowest-ranked in terms of funding pension and retiree health care, according to Pew. The gap reflects “states’ own policy choices and lack of discipline” in failing to set aside enough money and expanding benefits without deciding how to pay for it, the report said. “States don’t manage this liability and the costs continue to go up,” said Susan Urahn , managing director for the Pew Center, in a conference call with reporters yesterday. “States will either have to make cuts in other priorities or raise taxes.” Local governments’ borrowing costs in the U.S. municipal bond market may rise because companies that grade the debt factor in the liability, said Urahn. Investors seek higher yields when ratings are lower to compensate for the perception of greater risk. $3 Trillion The gap that Pew calculated may be one-third that estimated by Orin S. Kramer , chairman of New Jersey’s State Investment Council and manager of Boston Provident Partners, a hedge fund. Kramer projected a $2 trillion unfunded liability for public pension funds and a $1 trillion gap for health-care benefits for retired public employees, according to a January commentary published by Bloomberg. Underfunding of pensions has been cited in rating cuts or negative outlooks for Connecticut, Nevada and New Jersey, said Edith Behr , a senior credit officer with Moody’s Investors Service. “States have less money to pay for services that are absolutely expected,” Behr said in an interview. “It’s when you get to times like this when you start having to make some of the tough choices, cutting back services, cutting back staff, raising taxes.” Urahn called the pension gap “perhaps the most daunting” of all the bills that will come due for states and municipalities. The full payment for plans the study looked at was $108 billion last year, compared with spending of $152 billion on higher education. Florida, Idaho, New York and North Carolina entered the recession with fully funded pensions, the report said. Twenty states have saved nothing for future obligations for health care and other benefits. California’s Obligations California, the most-populous U.S. state, owes $51.8 billion for future retiree health and dental costs, an increase of $3.6 billion from a year earlier, said state controller John Chiang in a press release Feb. 9. At the same time the state faces a budget deficit of $20 billion over the next 18 months. The state can’t ignore its promised benefits “even as we try to claw our way out of the recession and provide needed cash to the state’s coffers,” Chiang said in a statement. Fitch Ratings, which hasn’t seen states cutting back on funding pensions, is monitoring for such steps because of the tendency by states to trim contributions in past recessions, Richard Raphael , an analyst with Fitch, said in an interview. Illinois sold bonds last month to cover its pension liability. To contact the reporters on this story: Darrell Preston in Dallas at dpreston@bloomberg.net ; Nanette Byrnes at nbyrnes@bloomberg.net .

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