press-release

Bill Clinton Taken to New York City Hospital for Procedure, ABC News Says

February 11, 2010

By Brad Skillman Feb. 11 (Bloomberg) — Former President Bill Clinton has been hospitalized in New York City, ABC News said in a statement. According to a press release from the local New York City affliate. Clinton underwent a procedure at Columbia Presbyterian Hospital.

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Banks Sell Off Toxic Mortgage Assets To Debt Collection Companies. What About The Second Lien?

February 7, 2010

into the gear box. FOR IMMEDIATE RELEASE PR Log (Press Release) – Feb 07, 2010 – -Phoenix Arizona- Real Estate professionals all over the United States are fighting uphill battles when dealing with junior mortgage liens in short sales. Just as

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Francine McKenna: Are You Gonna Make My Day? The Auditors And SEC Enforcement

February 6, 2010

Any business news in mid january was overshadowed by the devastating news from Haiti. There are a number of ways you can help – from donating via your mobile to the Red Cross to an effort that is local to Chicago, Project Eden . Please help. I watched the Financial Crisis Inquiry Commission hearings in Washington and tweeted quite a bit. One of the Commissioners, Keith Hennessey, solicited questions for the bankers. I added my suggestions to his site. All in all it was a very interesting exchange. I’ll write more later. In the meantime, you can take a look at Mark Leibovich’s article in the New York Times. In the afternoon, the SEC held a news conference to announce several changes and initiatives in their Enforcement Division. After a public news conference, a few select bloggers were invited to a special briefing with Robert Khuzami, the Director of the Division of Enforcement. Doug Cornelius documented the participants and questions here . Edith Orenstein , Bruce Carton , and Broc Romanek have provided some analysis. My focus, as always, is on enforcement actions against the audit firms and their professionals. The Big 4 (and to a lesser extent the next tier firms) and their partners are still pretty lucky, continuing to dodge any truly deadly SEC enforcement bullets. My question: “We have two high profile cases here in Chicago: Deloitte’s lawsuit against their own Vice Chairman Thomas Flanagan for breach of contract related to inside trader charges and the SEC’s recent actions against six Ernst & Young partners regarding the Bally’s fraud. In the Deloitte case, although the lawsuit against their partner was initiated as a result of SEC inquiries at their clients, Mr. Flanagan is reported to have made more than 300 trades over several years. In the Bally’s case, the enforcement actions/settlements are coming more than six years after the fraud occurred. These delays mean the firms and the professionals can use the excuse, “It’s all behind us,” and remedial actions and disciplinary proceeding lose impact. How will the changes announced today help make investigations and enforcement actions more timely? ” Mr. Khuzami answered that I was preaching to the choir. He said he is very focused on bringing investigations and any related actions to a close more quickly. In fact, he said, when he took his current position, he implemented a new rule that required staff to get his personal permission to extend time lines when filed cases may be approaching their statute of limitations. In the past it seems it was routine to drag things out as we saw in Madoff . Finally, he reminded me that the timeline is not always in the SEC’s hands when there is a parallel criminal investigation. Mr. Khuzami’s intention is that organizing the SEC Enforcement Division around key issues and the expertise needed to investigate them will accelerate the process and improve it. It’s a worthy goal…because I know how delays can be tactics rather than just poor follow-through. I was a member of the ” PwC the Client” internal audit team in 2005-2006. In retrospect, I realize that some of the frustrating delays in getting reports out and seeing action on my findings were actually strategic moves to get rid of difficult, sensitive issues by diluting them with time. During my tenure at PwC, I led audits of some interesting internal firm areas, including some legal and regulatory compliance activities. Most of the reports I wrote were issued. However, one report in particular went around in circles, being revised, re-revised, back to the first partner’s version, back to my original version, and eventually issued in a very watered down form. Why? By the time the merry-go-round stopped, I was dizzy and the partners I had cited for violations had ample time to clean up their act or remove evidence of violation. I was accused of making it all up. Oh, and also of being a very bad writer. In the case of the recent settlement by the SEC with Ernst and Young, although six partners were cited in the settlement, three of those partners are now retired. And, of course, EY repeated the tried and true response to such unpleasantness and the prospect of having a monitor futzing around making a good show of remediating their faults: Chicago Tribune: Three Ernst & Young partners who were charged remain at the firm. They are Randy Fletchall, who was in charge of its national office in New York, and two based in Chicago, Mark Sever, Ernst & Young’s national director of area professional practice, and Kenneth Peterson, the professional practice director. The other three from the Chicago office are no longer with the firm. They are Thomas Vogelsinger, the area managing partner until October 2003, William Carpenter, engagement partner for the 2003 audit, and John Kiss, the engagement partner for the 2001 and 2002 audits…In a statement [Ernst & Young] said, " These settlements allow us and several of our partners to put this matter behind us and resolve issues that arose more than five years ago.” While we’re at it … A few more comments about the Ernst & Young/Bally’s enforcement actions. Jim Peterson over at Re: Balance comes down, I think, in sympathy with Ernst & Young and what he sees as the make-work required by the settlements. What messages are sent to the profession’s quality and risk functions? Ought they to reduce the exposure of their senior personnel, by hanging out the line operators to struggle on their own? And by the way, who would aspire to the headaches of a consultative role, if only to finish a long career by dangling from the SEC’s noose? One of E&Y’s undertakings in Bally is to re-visit, under the scrutiny of an outside examiner, its documentation of higher-level issue consultations. So, under a sanction that only a bureaucrat could love, Ballywill impel the Big Four’s national office boffins to “re-audit” information they receive from the field, and to build a fortress of memoranda to defend against the assaults of later second-guessing. Let’s take a look back at the Ernst & Young risk and quality process employed in this case by the three partners who remain at the firm. They are leadership partners whom others look to for advice and guidance. Rather than being independent, experienced, objective consultants with a “buck stops here” attitude of upholding firm, professional, and legal/regulatory standards, these three were portrayed in the SEC press release of the settlement as conflicted and self interested. The SEC shames them, and in very damningly specific terms, because they were clearly seeking to protect not only their colleagues’ reputations but their own. Ernst and Young now has three strikes against them for SEC enforcement actions, sanctions, and fines related to independence violations. Two of the three leadership partners held leadership and committee positions in the AICPA and PCAOB. Famous Floyd Norris at t he New York Times quotes an anonymous “veteran SEC official” who says he believes the EY/Bally’s sanctions are the first time an audit firm’s National Practice Partner was cited by the SEC. This “official” admits he had not checked the records. Floyd quotes him anyway. Not true. Floyd…next time call me. Mr. Fletchall, who remains with Ernst, was in charge of resolving technical accounting issues in the United States. He was censured by the commission. A veteran S.E.C. official, speaking on condition he not be named because he had not checked records for the entire history of the commission, said he knew of no previous enforcement cases in which a partner of a major firm was cited for his actions as head of a national office. Back in September of 2007 I wrote about KPMG and Xerox and an SEC investigation that had been going on since 2003 that also named their National Practice Partner as a defendant. Mr. Conway had also been a partner on the account. The fraudulent activities had occurred in 1997-2001. KPMG finally settled the SEC case in 2005 and the shareholder litigation in early 2008. The sanctions against Mr. Conway were more severe than Mr. Fletchall’s. Is he already back auditing again? Did he ever leave KPMG? The firms are so forgiving of bad accountants. A re: The Auditors reader, commenting on the Flanagan inside trader case, made the following observation and I responded as best I could: Mr. Khuzami: If I don’t start seeing faster, stronger, more decisive once-and-for-all enforcements against the audit firms and their partners, I’m going to start believing that the snowjob is more often due to evil plans rather than benign neglect. Main Page Photo Credit “Do you feel lucky, punk?” Clint Eastwood Dirty Harry (1971)

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Palmer’s Resourcehouse Wins $60 Billion Export Deal, `Australia’s Largest’

February 5, 2010

By Shani Raja and Jesse Riseborough Feb. 6 (Bloomberg) — Resourcehouse Ltd. , the iron ore and coal company controlled by Australian billionaire Clive Palmer , said it’s secured Australia’s largest export contract, worth $60 billion. The company reached a 20-year sales agreement with one of China’s largest power companies, China Power International Development Ltd., the flagship company of China Power Investment Corporation, Resourcehouse said today in an e- mailed statement that cites comments by Palmer. “This deal with CPI is Australia’s biggest export contract,” Palmer, 55, is quoted as saying in the release. The contract involves Resourcehouse’s proposed China First coal mine and infrastructure project in central Queensland state. Palmer, Australia’s fifth-richest man, aims to raise as much as $3 billion in a Hong Kong initial sale of shares in Resourcehouse, which plans to spend A$10.2 billion ($8.9 billion) to develop two mines in Australia. The company aims to supply coal and iron ore to steel mills and power companies in China, challenging producers such as BHP Billiton Ltd. According to today’s press release, Palmer said he’d awarded Queensland’s largest engineering and construction- management contract, worth more than $8 billion, to Metallurgical Corp. of China Ltd. Job Creation “There will be a huge flow-on of employment from both the construction phase through to operation of the mine, port and rail,” Resourcehouse’s Executive Director Phil McNamara is quoted in the release as saying. “There is a potential to create 50,000 to 70,000 indirect jobs in Queensland.” Metallurgical Corp. signed an accord to buy $200 million of shares in Resourcehouse on Feb. 3. The Chinese company will own no more than 5 percent of the company, and also agreed to take a 10 percent stake in the China First coal project. China, the world’s largest consumer of coal and metals, last year announced $32 billion of resource acquisitions to fuel the world’s fastest-growing major economy. The Export-Import Bank of China confirmed it’s agreed to lead financing for the coal project, today’s release said. Thermal Coal Resourcehouse has the right to mine 1.4 billion tons of soft thermal coal at China First, in the Galilee Basin in Australia’s Queensland state, Macquarie analyst Andrew Dale said in a Nov. 6 report. Palmer completed the acquisition of Waratah Coal Inc. in April for about C$98 million ($93 million) to gain control of the project. China First, scheduled to start operations in the second half of 2013 and produce as much as 40 million tons a year, may become one of the world’s largest exporters of power station coal, Macquarie said. The bank values the project at between $4.2 billion and $4.9 billion. China’s demand for coal, used to generate about 80 percent of the nation’s power, has jumped as the government’s 4 trillion yuan ($586 billion) stimulus spending drove economic growth in the third quarter to the fastest pace in a year. Resourcehouse also has the right to mine 10 billion tons of iron ore in the Pilbara region of Western Australia and has the potential to become the world’s fourth-largest iron ore producer, Macquarie said. The company’s directors include Zhengrong Shi, chief executive officer of the world’s largest maker of silicon solar panels, Suntech Power Holdings Co. , and former Australian Foreign Minister Alexander Downer. Its other interests include oil and gas in Australia and Papua New Guinea, Macquarie said. To contact the reporters on this story: Shani Raja in Sydney at sraja4@bloomberg.net . Jesse Riseborough in Melbourne at jriseborough@bloomberg.net .

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Manned Moon Missions Favored by Bush Get Axed by Obama in Budget Proposal

February 2, 2010

By Jeff Bliss and Chris Dolmetsch Feb. 1 (Bloomberg) — President Barack Obama proposed scrapping a Bush administration plan to return astronauts to the moon by 2020 in a budget for NASA that would instead farm out some space operations to companies for missions closer to Earth. The lunar program, known as Constellation, “was over budget, behind schedule and lacking in innovation due to a failure to invest in critical new technologies” according to the budget plan Obama issued today. Obama’s budget would increase fiscal year 2011 funds for the National Aeronautics and Space Administration by 1.5 percent and support the development of rocket systems that eventually might take U.S. astronauts back into deep space. In preparation for those trips, Obama envisions using robotic ships to find locations for future landings and test out new technology. Obama’s proposal to spur development of new systems was a “very positive thing,” John Logsdon , former director of the Space Policy Institute at George Washington University in Washington, said in an interview. “If this approach is sustained over the next decade or so, it will give us a better space program.” The plan to drop the moon strategy has drawn opposition from lawmakers, who said they feared the changes could risk U.S. leadership in space. ‘Death March’ The Obama proposal “begins the death march for the future of U.S. human space flight,” Senator Richard Shelby , the senior Republican on the subcommittee that determines NASA’s budget, said in a statement. Companies won’t have the capability to safely transport astronauts in the next few years, the Alabama lawmaker said. Senator Bill Nelson , a Florida Democrat who said he also is concerned about relying so heavily on the commercial sector, will hold a Feb. 24 hearing to explore the feasibility of continuing some of the Constellation rocket development, said Dan McLaughlin, a spokesman for Nelson. In a preview of how NASA officials may try to persuade lawmakers to back their approach, Charles Bolden , the agency’s administrator, said the budget proposal will create jobs. “We expect to support as many if not more jobs with the 2011 budget,” he said on a conference call with reporters. NASA officials declined to give specific destinations or a timeline for missions beyond a few hundred miles of our planet. Mars on Agenda Lori Garver , NASA’s deputy administrator, said a differently conceived moon mission was possible and the ultimate goal is a Mars landing. Officials also mentioned flights to asteroids or to a moon of Mars as possibilities. Nelson said it may make sense to go back to the moon with “robotic explorers” while focusing on other destinations for astronauts. “Maybe what we need to do is get out of earth’s orbit and go to other planets, other planets’ moons and asteroids,” he said on a conference call. Skepticism about Constellation grew after a presidential commission concluded last year that NASA would need $3 billion more a year for the program and wouldn’t get back to the moon until 2028. Under the administration’s proposal, the space agency’s budget would rise to $19 billion from $18.7 billion this year. Rockets made by companies would be used to ferry astronauts to the International Space Station, whose life would be extended five years to 2020 under the budget proposal. The outpost, which orbits about 250 miles above Earth, is being developed in partnership with Russia, Canada, Japan and other nations. Cargo Contracts NASA said today it has awarded $50 million to companies to develop concepts for the astronaut taxi service. The winners include Chicago-based Boeing Co.; United Launch Alliance of Centennial, Colorado; Paragon Space Development Corp. of Tucson; Kent, Washington-based Blue Origin LLC and Louisville, Colorado-based Sierra Nevada Corp. The Obama proposal is “the only possibility” of the U.S. becoming “a true, space-going civilization,” said Elon Musk , chief executive officer of Hawthorne, California-based Space Exploration Technologies Corp., which may compete to ferry astronauts. Musk spoke to reporters during a conference call sponsored by the space industry. The budget, if approved by Congress, would end large contracts for the building of new rockets. Primary Rockets Major contractors for Constellation’s primary rockets, the Ares I and Ares V, include Minneapolis-based Alliant Techsystems Inc., Los Angeles-based Northrop Grumman Corp . and the Pratt & Whitney Rocketdyne Inc. unit of Hartford, Connecticut-based United Technologies Corp. “It is not clear why at this time the nation would consider abandoning a program of such historic promise and capability,” Alliant said in a press release today. Obama’s budget promotes the use of robotic spacecraft following years of extensive scientific discoveries in the solar system achieved with investments far smaller than what is required to sustain humans in space. The robotic rovers Spirit and Opportunity, which landed on Mars in January 2004 for a 90-day mission, are still operating on the planet. The Obama budget would support the development of satellites that monitor global climate change, specifically devices that oversee changes in polar ice sheets. The Science Mission Directorate, which includes climate-change monitoring, would get a 12 percent funding boost to $5 billion from $4.5 billion. To contact the reporter on this story: Jeff Bliss in Washington jbliss@bloomberg.net ; Chris Dolmetsch at cdolmetsch@bloomberg.net .

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Distress Investors Say Commercial Real Estate Offers Best Opportunities in 2010

January 30, 2010

Investors in distressed debt say commercial real estate offers the greatest opportunities for investment this year., according to Arlington Richfield. FOR IMMEDIATE RELEASE PR Log (Press Release) – Jan 30, 2010 – Investors

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GM Will Sell Saab to Spyker in Deal Saving 72-Year-Old Swedish Auto Brand

January 26, 2010

By Jeff Green and Ola Kinnander Jan. 26 (Bloomberg) — General Motors Co. is close to announcing a deal to sell its Saab division to Spyker Cars NV , said two people familiar with the negotiations. An announcement may be made as early as late afternoon in Sweden after an agreement is final, said they people, who asked not to be named before official news releases. Spyker shares were suspended in Amsterdam trading at 1:45 p.m. local time. Spyker, led by Chief Executive Officer Victor Muller , agreed to pay $74 million in cash and $326 million in preferred shares in the company that would emerge from the deal, said one of the people. GM would get $100 million of Saab’s existing liquidity, the person said. A deal also hinges on Sweden agreeing to guarantee a 400 million-euro ($563 million) loan from the European Investment Bank for the Swedish carmaker, people familiar have said. Saab is among four brands, along with Pontiac, Saturn and Hummer, that Detroit-based GM is unloading to focus on Chevrolet, Buick, GMC and Cadillac in the U.S. after its bankruptcy exit on July 10. A sale of Saab, which GM is in the process of winding down, may save many of the 3,500 jobs at Saab’s main factory in Trollhaettan in southwestern Sweden. GM spokesman Tom Wilkinson declined to comment. Muller couldn’t immediately be reached for comment. Spyker spokesman Mike Stainton said negotiations with GM are still ongoing. Other Saab bidders included Genii Capital, the private- equity firm that teamed up with Formula One tycoon Bernie Ecclestone ; a group headed by former Swedish deputy Prime Minister Jan Nygren; and a Wyoming-based group led by Merbanco Inc. President Chris Johnston . Koenigsegg Deal Swedish sports-car maker Koenigsegg Group AB, backed by Beijing Automotive Industry Holding Co., walked away from a deal to buy Saab in November. Beijing Auto later paid $200 million to buy some car technology from Saab to use in its own vehicles. European and Swedish authorities may take a week to approve a loan for Trollhaettan-based Saab after GM and Spyker agree on a deal, Johnny Kjellstroem , a Swedish official who is negotiating the case with the European Union’s regulatory arm, said yesterday in an interview. Saab would face a tough future under the ownership of Spyker, according to Sergio Marchionne , chief executive officer of Fiat SpA and Chrysler Group LLC. “I like the Saab brand,” Marchionne said at an event in Stockholm today. “I think it’s very difficult to be a niche player and profitable.” Saab’s sales in the U.S. slumped 59 percent to 8,680 vehicles last year. European deliveries also fell 59 percent, to 26,567 cars. The compact 9-3 sedan makes up a majority of Saab’s sales. A redesigned 9-5 model is due to launch this year. Liquidators Saab CEO Jan-Aake Jonsson handed over power to liquidators on Jan. 12 and the board was disbanded. The Swedish Companies Registration Office has named GM nominees AlixPartners LLP Managing Director Stephen Taylor and Peter Toerngren of Swedish law firm Toerngren Magnell, to supervise the wind-down. “Marginal players will continue to be marginalized,” Marchionne said. The CEO said last year that he was interested in buying Saab while Turin, Italy-based Fiat was bidding for GM’s Opel division. GM decided to keep Opel in November, backing out of an accord to sell it to a group led by Magna International Inc. Saab, which traces its roots to aircraft company Svenska Aeroplan AB, was founded in 1937 to secure production of Swedish warplanes. The first car left the factory a decade later. GM bought half of Saab in 1990 and took full ownership in 2000. Spyker shares last traded at 3.91 euros, valuing the company at 84.8 million euros. The stock is suspended until further notice and pending a press release, Dutch securities regulator AFM said in a statement on its Web site. To contact the reporters on this story: Jeff Green in Southfield, Michigan, at jgreen16@bloomberg.net ; Ola Kinnander in Stockholm at okinnander@bloomberg.net

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Charles Gasparino: Volcker Is Finally Getting His Due, at Least Till He Gets Snubbed Again

January 25, 2010

It can’t be easy being Paul Volcker. One of the great economists of the modern era, Volcker is best known as the Fed chairman who slayed slagflation in the late 1970s and early 1980s. He was hired by President Obama to provide economic advice and some adult supervision in an administration that featured as other advisers people like the Marxist-sympathizing Van Jones. But then, when he offered his ideas about regulating the banking industry in a post-bailout era, Volcker was routinely ignored, that is until the president, witnessing the horror (for him and his followers at least) of the election of Scott Brown, a Republican, to fill the Senate seat once held by the late Teddy Kennedy, and the vanishing act of his far left agenda, including socialized medicine. And just like that, presto, the grumpy old man who refused to lower interest rates 30 years ago — acts that Obama would presumably oppose given his support for the reappointment of the current, easy-money loving Fed chairman Ben Bernanke — Volcker is back in vogue. Last week, he was seen alongside the president (with Treasury Secretary Tim Geithner standing warily in the background) as Obama unveiled the broad outlines of a financial plan Volcker has been advocating for months now; something that if Obama lives up to his words would make it difficult if not impossible for government-protected banks to mix their risk taking activities like trading esoteric bonds if they want to be protected by taxpayers as Too Big To Fail. On the surface, it would seem like a victory for Volcker and a commonsense move by the White House. After being shunned for months, his ideas like calling for the separation of commercial banking (which includes government protected deposits) and risk-taking investment banking activities denigrated by Geithner and Larry Summers, Obama’s economic advisers and Wall Street mouthpieces, Volcker had won the day. He finally convinced the president of the mountain of evidence that one of the leading contributing factors to the 2008 financial crisis was the a federal law passed in 1999 that allowed risk taking to be combined with commercial banking activities. But Obama’s last minute conversion to Volckerism is, I suspect, less about commonsense and more about politics. As unemployment remains high and Wall Street is now handing out billions in bonuses just a year after being bailed out, the president can call investment banks “fat cats” all he wants. Obama’s policies of the past year: Promised taxes on small businesses to pay for his expansionist government, and protecting banks have led to a dual economy. Unemployment in the construction industry is at around 20% because businesses are hording cash to pay for higher taxes when the financial types who caused the 2008 meltdown and the current Great Recession feast. And now the president is paying the price. Volcker, at 82, may feel as though this is his last act in a long and storied career to do something great, but for my money, there is something unctuous about the great Paul Volcker being used by the president as a political prop. This is, of course, the man who refused to bend to political pressure in the early 1980s, when the Federal Reserve, under his rule, jacked up interest rates to nose bleed levels in an effort to squeeze out inflation but squeezing the economy. His rationale was simple: The short term pain was worth the long term gain of lower inflation, which usually benefits lower income people the most by making goods and services they need more affordable. He was right, and for that, we’re all thankful. But this is a crusade where Volcker isn’t leading the charge. The final proposal (which could come in days, along with I am told further limits on how much “leverage” or borrowing banks may engage in to trade, and new capital requirements) will be hammered out by Obama’s political team, not Volcker. That’s probably one reason my sources on Capitol Hill tell me there’s still a dearth of information on the final product. In other words, they’ve been given no guidance as to how these “reforms” will actually work. “We’ve been directed to a website with a press release covering the president’s announcement last week,” said one Republican staffer. For that reason, look for a watered down proposal that does little to address the notion that banks shouldn’t be able to take risk on the backs of taxpayers. Already, senior officials at Goldman and JP Morgan are telling analysts and investors that the rules will be easily evaded. They’re designed, the Goldman folks assure anyone who asks, to prevent so-called proprietary trading, where Goldman itself comes up with an idea of how to gamble with its own capital, but not trading that begins when a customer makes and order and then the trader follows through with his own bet. For the life of me, I can’t figure out the difference between the two since the firms in both instances are risking their own capital, but Wall Street is making a case that the difference is huge and the firms are flooding Washington as I write this column to influence the legislation. How much of this jockeying for control of the final product Volcker will stand before just calling it quits, is, of course, a matter of debate. For the past year or so, I’ve been reporting that Volcker has been ignored by Obama, shunned as the crazy old man with the wild-ass idea of reimposing something like the Depression-era law known as Glass-Steagall, which formally separated commercial banking from risk-taking investment banking ideas. Ironically, he received a better reception from some of his contacts on Wall Street for this plan, who gave him their ideas on how best to make such a separation of risk taking and commercial work given the realities of the modern financial industry. Goldman Sachs, of course, isn’t a commercial bank like Citigroup. It doesn’t have branch offices, and it doesn’t hold checking accounts, and yet under the president’s approach to regulation, the firm is protected like Citigroup as too systemically important to fail even as it trades just about every esoteric bond in creation. Through it all, Volcker accepted all the snubs, that is, until last week when the president woke up and realized he was right, and there was Volcker standing next to the president getting his due, until, that is, he gets snubbed again.

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NewMarket Technology, Inc. Founder and Chairman Philip Verges Introduces New CEO Bruce Noller to Lead Company From $100 Million to $1 Billion in Annual Revenue

January 25, 2010

DALLAS, TX–(Marketwire – January 25, 2010) – NewMarket Technology, Inc. ( PINKSHEETS : NWMT ) today released a letter to shareholders from Company Founder and Chairman Philip Verges introducing Bruce Noller as the Chief Executive Officer. Mr. Noller will formally succeed Philip Verges as CEO on February 1, 2010. Mr. Verges will continue as the Company’s Chairman as well as continuing to lead NewMarket’s Greenfield Partner Program. The shareholder letter released today and included in its entirety within this press release provides more detail on the management change and Mr. Noller’s plan to lead NewMarket’s systems integration business from approximately $100 million in annual revenue today to a goal of $1 billion within five years. Further details are also available in the company’s Virtual Town Hall videocast released on Friday, January 22 available on demand from the Company’s website.

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Arlington Richfield A Trusted Capital Source

January 23, 2010

Commercial real estate financing made easy FOR IMMEDIATE RELEASE PR Log (Press Release) – Jan 24, 2010 – Arlington Richfield is a single source for your total capital needs. They specialize in

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Investors Are Turning To Arlington Richfield For Their Professional Services

January 23, 2010

The demands of the dressed real estate and credit markets FOR IMMEDIATE RELEASE FOR IMMEDIATE RELEASE PR Log (Press Release) – Jan 23, 2010 – In today’s distressed real estate and credit markets investors are

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Pricing Upturn Seen in Retail, Apartment Sectors

January 22, 2010

CCIM and RERC see break in declines; 2010 the time to buy commercial real estate FOR IMMEDIATE RELEASE CCIM and RERC see break in declines; 2010 the time to buy commercial real estate FOR IMMEDIATE RELEASE PR Log (Press Release) – Jan 22, 2010

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Steven Kessner to Launch $100 Million Real Estate Fund

January 19, 2010

Long-time owner/developer Steven Kessner re-enters the real estate marketplace in a major way. FOR IMMEDIATE RELEASE PR Log (Press Release) – Jan 19, 2010 – (New York, NY) In what could be a hopeful sign for the

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Obama Foreclosure Plan Falling Far Short Of Targets

January 15, 2010

The Obama administration disclosed on Friday that it has made little progress in helping struggling homeowners attain long-term relief under its signature foreclosure-prevention effort, reaching only 18 percent of the target announced just six weeks ago. On Nov. 30, the administration kicked off a “Mortgage Modification Conversion Drive” to help distressed borrowers in the trial phase of its program convert to permanent mortgage modifications. “Roughly 375,000 of the borrowers who have begun trial modifications since the start of the program are scheduled to convert to permanent modifications by the end of the year,” read the Treasury Department’s press release that day . At the time 31,382 borrowers had received permanently lower payments. The final tally for the year, announced on Friday was 66,465, with another 46,056 awaiting signatures by borrowers. And even that only came after Treasury sent employees to various mortgage servicers in an effort to understand why more homeowners weren’t being helped, and to get servicers to redouble their efforts. They were dubbed “SWAT teams.” “These are tiny numbers. Tiny, tiny numbers,” said Diane E. Thompson, a lawyer with the National Consumer Law Center. “Treasury has really pulled out all the guns and we’re really up to only 66,000 modifications? “They’re not even halfway where they need to go,” Thompson continued. “Look, Treasury did a lot of work to get these numbers up, and they’re still really small.” The figure was one of many disappointing numbers released Friday, cumulatively casting further doubt on the effectiveness of a mortgage modification program designed to stabilize the housing market by reducing borrowers’ monthly payments, keeping them from losing their homes. The new data raises questions as to whether enough homeowners are being helped at all. Treasury officials emphasized the positive, noting that more than 900,000 homeowners have entered temporary trial plans under the Home Affordable Modification Program (HAMP) and that Treasury’s efforts have “yielded measurable success,” said Phyllis Caldwell, chief of Treasury’s Homeownership Preservation Office. But only 12-16 percent of eligible homeowners have transitioned into a permanent modification. “The conversion rate is terrible. It starts to look as if the servicers are deliberately sabotaging HAMP, despite the billions they could be earning if they did this right,” Alan M. White , a professor at Valparaiso University School of Law and an expert on housing issues, wrote in an e-mail. The program pays mortgage companies and investors for successfully modifying home mortgages and reducing monthly payments. Less than 10 percent of those with permanent modifications have received a reduction in mortgage principal. Independent housing analysts and mortgage experts have called for the program to more aggressively write down mortgage principal, arguing that it remains the best way to reduce foreclosures while getting investors in mortgage-backed securities the most money possible on their investment. Mortgage servicers have largely balked, and the administration hasn’t pushed for it. Meanwhile, estimates are that between one-quarter and one-third of all homeowners with a mortgage owe more on the mortgage than the house is worth. Academic and Federal Reserve research shows that principal cuts result in more sustainable modifications; so does federal data maintained by the Office of the Comptroller of the Currency. HAMP is the main thrust of the administration’s $75 billion effort to keep homeowners out of foreclosure. Distressed borrowers enroll in trial plans, and after paying the new mortgage payment for three months are eligible for permanent relief. Borrowers need to provide documentation proving income and hardship, which has caused hiccups because homeowners aren’t fully completing the required documentation, servicers and the administration argue. Homeowners and housing advocates pin the blame on the servicers. Among the other numbers released Friday: The 66,465 homeowners who have transitioned from trial plans into permanent modifications have received a median reduction of about $516 in their monthly payments. About 75% of borrowers in trial plans are current on their payments, said Assistant Treasury Secretary Michael S. Barr. The 854,000 homeowners in trial and permanent modification plans have collectively saved more than $1.5 billion thus far on their mortgage payments. But that actually only works out to an average savings of about $1,800 per borrower. And by comparison, as of last week more than $373 billion in taxpayer money has gone to banks, AIG, and the domestic auto industry via TARP, according to Treasury data. In announcing the program last March the administration said it could help as many as four million troubled homeowners . In addition, with unemployment at 10 percent, the government watchdog created to keep tabs on the bailout has questioned HAMP’s effectiveness at dealing with jobless homeowners. To be eligible for the program borrowers need minimum levels of income. Without income, they’re not eligible. Wall Street analysts already are writing off the administration’s effort to stem what is predicted to be a rising tide of foreclosures. About three million foreclosures are expected this year following last year’s 2.8 million . Analysts expect the government to adopt new programs altogether, especially with Congressional elections less than 10 months away. “HAMP is running into issues of too few permanent modifications, and re-default performance is expected to be poor,” Barclays Capital said in a December research note to clients. “At the same time, the number of homes in foreclosure and deep delinquency continues to balloon. “This leads us to believe that what we have seen is only the first wave of government programs to tackle foreclosures. The next year or two will likely see many changes and additions to these programs as the government tries to keep foreclosures under tight control in the face of adverse performance and elevated unemployment, especially as elections approach.” Meanwhile, Treasury officials said Friday the plan was “on target to reach the goals laid out by President Obama last February.”

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Kraft’s Hostile Bid for Cadbury Tests CEO Rosenfeld’s Powers of Persuasion

January 15, 2010

By Susan Berfield and Michael Arndt Jan. 15 (Bloomberg) — Irene Rosenfeld hasn’t been around Kraft Foods Inc. ’s suburban Chicago headquarters much lately. The door to her wood-paneled office is kept closed. Her desk is bare. Rosenfeld has grabbed her leather folders of meticulously compiled research and is traveling to London and around the U.S. in Kraft’s Gulfstream jet. These trips weren’t supposed to be urgent or secretive. They’ve become both as Rosenfeld works to reassure shareholders that her about $17 billion hostile bid to buy U.K. candy maker Cadbury Plc will be good for them. She has until Jan. 19 to make a final offer, and until Feb. 2 to get a majority of acceptances from Cadbury shareholders. Rosenfeld, 56, has led Kraft since 2006 and has worked there for almost her entire professional career. She can be pretty persuasive, John Bowlin , who ran Kraft North America in the mid-1990s, says in the Jan. 25 issue of Bloomberg BusinessWeek magazine. Early on in her career, she told her bosses that commercials for Kool-Aid should be aimed at kids, not mothers, and that Jell-O could be made modern with new flavors, according to Carol Herman, who worked on Kraft accounts at advertising firm Grey in the 1980s and 1990s and is a close friend of Rosenfeld’s. In the late 1990s, Rosenfeld turned around Kraft’s business in Canada; the first thing she had to do was to show skeptical colleagues that an American could understand Canadian consumers, Herman said. “When she is trying to persuade you of something, she will be relentless in coming back with facts and showing you she has the support of other people,” Bowlin said. “She will be totally emotionally and intellectually committed to her idea.” Powers of Persuasion Rosenfeld must summon all of her powers of persuasion as she takes on her biggest marketing challenge yet: selling the Cadbury deal to shareholders. Her task is all the more difficult because she has alienated Northfield, Illinois-based Kraft’s biggest shareholder, billionaire investor Warren Buffett . Rosenfeld told investors on Dec. 18 she planned to issue new stock to help pay for the purchase. Buffett, 79, objected to the plan in a Jan. 5 press release and urged Kraft not to overpay by using too many of its own shares. Rosenfeld and Buffett declined to comment through spokespeople. Win or lose, the Cadbury affair “will be defining for her career,” says former Kraft Chief Executive Officer Robert S. Morrison . Kraft is the world’s No. 2 food company after Nestle SA , selling $42 billion worth of Kraft Macaroni & Cheese, Oreos, Oscar Mayer cold cuts, and hundreds of other brands each year. It is the product of two decades of deal-making. Philip Morris International, seeking to broaden its reach beyond cigarettes, bought General Foods, the owner of Jell-O, Minute Rice, and Kool-Aid, in 1985, succeeded in a hostile takeover of Kraft in 1988, merged the companies by 1995, and bought Nabisco five years later. General Foods Rosenfeld got her start in market research at General Foods, which was based in Westchester County, New York, in 1981. She had spent most of the previous decade at Cornell University, completing an undergraduate degree in psychology, a master’s degree in business administration and a doctorate in marketing and statistics. Her thesis adviser, Vithala Rao, recalls that even though Rosenfeld was working and pregnant, she was determined to finish her dissertation on how consumers make decisions about purchases. “She knew a Ph.D would give her an edge in the business world,” says Rao. “And her husband was getting one. They were a little competitive.” When Rosenfeld presented her bosses at General Foods with research showing that Kool-Aid should be marketed directly to kids, the pitch won her a job working on the brand full-time. First Meeting After a presentation at one of her first meetings with Grey, Rosenfeld was so excited that she applauded. Back then, junior employees were expected to stay silent, according to Herman, the former Grey executive. “We were all so shocked and amused by her reaction,” says Herman. Rosenfeld came up through the ranks at General Foods and Kraft — eventually overseeing the Nabisco integration and serving as president of Kraft North America. She would call people with ideas, however big or small, late into the night, according to Herman. “I can’t tell you how many midnight talks we had about Minute Rice and Stove Top stuffing,” Herman says. “Irene didn’t need a lot of advice. That’s why I liked her. She was giving me the right answers,” says James Kilts , a former Kraft president who later ran Gillette. In 2001, Betsy Holden was appointed co-chief executive alongside Roger Deromedi . Rosenfeld stayed on almost two more years, then left to join Frito-Lay, a Kraft rival. ‘Fearless’ Executive “Irene thought about the marketing agenda and innovation much more aggressively” than the company was used to, says Indra Nooyi , the CEO of Purchase, New York-based PepsiCo Inc., which owns Frito-Lay. “She was fearless in what she did.” When Kraft asked Rosenfeld to return as CEO in June 2006, she agreed. Kraft was faltering amid high commodity prices, increasing competition from private labels, and its focus on cost-cutting. She told Kraft’s almost 100,000 employees that the company had lost its heart and soul and needed to “rewire for growth.” In a speech at Cornell in 2007, Rosenfeld described her return to Kraft. “The staff was tired, raw, disillusioned,” she told the audience. “My slogan was, ‘let’s get growing.’ It’s not a warm and fuzzy strategy.” ‘Should we?’ She replaced half of her executive team and half of those in the next two levels down. She reorganized the structure of the company, changed how people receive their bonuses, and told everyone “to stop apologizing for our categories and make them more relevant.” She concluded her talk: “Sometimes I lie awake thinking, ‘Should we?’ And then I think, ‘How can we not?’” When billionaire investor Nelson Peltz pushed her to sell some brands, she did, unloading Veryfine fruit juice and Post cereals, according to reports at that time. When she asked him not to purchase more than 10 percent of the company, he agreed. Peltz was also an investor in Cadbury Schweppes, and he persuaded the U.K. food company to sell its soft drink division in 2008 and focus on its candy business. That would set the stage for Rosenfeld’s takeover bid and provide Cadbury its defense: It didn’t want to lose its focus by becoming part of a large company. Even though consumers ate at home more often during the global recession and ingredient prices fell, Kraft was forced to cut prices to compete with private label products. Kraft Stock Kraft stock, sold to the public at $31 a share in 2001, fell as low as $21 last March. It has traded at an average of almost $29 this year. The company introduced items such as Bagel-fuls, bagels stuffed with Philadelphia cream cheese, and created premium toppings for Kraft’s DiGiorno frozen pizza. Rosenfeld also began studying the possibility of buying Cadbury, which sells Trident gum and chocolate in 60 countries. “She wanted to capture the imagination of the world about what Kraft could be,” says Shelly Lazarus , chairman of advertising agency Ogilvy & Mather Worldwide, which works with Kraft. On Aug. 28 Rosenfeld met with Cadbury Chairman Roger Carr in London to lay out her plan. ‘Brisk, Efficient’ “She was brisk, efficient, delivered her proposal and left quite quickly,” says Carr. The two haven’t spoken since, he says. They have exchanged a few letters. In the first, which Carr sent to Rosenfeld the next week, he called the offer “derisory.” On Sept. 7, Rosenfeld announced Kraft’s bid in a news release on the corporate Web site, to try to win over shareholders directly. She spoke to several U.K. newspapers about her admiration for Cadbury and the great promise of a merger. “I am a heavy, heavy user of Trident gum and, on a seasonal basis, I love those Cadbury eggs,” she said in a video interview posted on the Kraft site. Rosenfeld made a hostile bid on Nov. 9. “Our proposal offers the best immediate and long-term value for Cadbury’s shareholders and for the company itself compared with any other option currently available, including Cadbury remaining independent,” she wrote in the formal offer. Pizza Deal She was also juggling another deal that would determine how much Kraft could spend for Cadbury. In early 2009, Vevey, Switzerland-based Nestle expressed interest in buying DiGiorno and the rest of Kraft’s pizza business, according to Michael Mitchell , a Kraft spokesman. Rosenfeld concluded that selling the unit made sense: Frozen pizza wouldn’t do well outside of North America, and within the company it was an isolated brand. Next, she had to persuade the board. “It was a difficult decision. But once we got our heads around the strategic and financial rationale for the deal, it became clear,” says Perry Yeatman , a Kraft spokeswoman. On Jan. 5, Kraft said it would sell the pizza business to Nestle for $3.7 billion. The deal would give Rosenfeld the cash she’d need to pursue Cadbury. There was another benefit: Nestle, Kraft’s main rival for Cadbury, said it wouldn’t bid. Warren Buffett On the same day, Buffett went public with his concerns, calling Rosenfeld’s proposal to issue more shares a “blank check.” He said that while the company had bought back shares at a price of $33 a piece in 2007, it would be selling the new shares for the Cadbury transaction for far less. He also said he would support an offer that “does not destroy value for Kraft shareholders.” “What is she wasting our money for?” says John Kornitzer , founder of Kornitzer Capital Management in Shawnee Mission, Kansas. “To chase after these guys is ridiculous.” Alice Schroeder , a former Wall Street analyst and author of a biography of Buffett who also writes a column for Bloomberg News, says that even if Rosenfeld had consulted with Buffett, it might serve his purposes to take a public stand. He can take credit for reining her in and defending shareholders, she says. “No matter how this turns out, Warren looks great,” she says. On Jan. 12, Carr released a “defense document” on Uxbridge, England-based Cadbury’s Web site, saying “the bid is even more unattractive today than it was when Kraft made its formal offer.” Kraft called the argument “underwhelming.” Kraft Shareholders “The clarity with which we reviewed Kraft’s own record must have been disturbing for them and illuminating for our shareholders.” Carr said. Kraft shareholders will vote on whether to issue more stock on Feb. 1; the next day Cadbury stockholders will vote on the offer. Rosenfeld spent Jan. 12 with Cadbury investors in the U.S. before jetting to London to talk with Cadbury shareholders there. Some refused her visit, says Carr. While Rosenfeld remains determined to make Kraft bigger and more global, finding a price for Cadbury that works for everyone might be impossible. “Rosenfeld has made it clear that she’s disciplined, that she won’t overpay,” says Donald Yacktman , president of Yacktman Asset Management, a longtime investor. “I guess we’ll find out how much she really means what she says.” To contact the reporters on this story: Susan Berfield in New York at 212.512.3410 or susan_berfield@businessweek.com ; Michael Arndt in Chicago at Michael_arndt@businessweek.com .

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Wall Street Waits for Schapiro as SEC Fails to Set Madoff-Inspired Reforms

December 30, 2009

By Jesse Westbrook Dec. 30 (Bloomberg) — Mary Schapiro , chairman of the U.S. Securities and Exchange Commission , said she wanted to show that her agency was cracking down after missing Bernard Madoff’s $65 billion Ponzi scheme. In May, she proposed that almost 10,000 money managers undergo surprise inspections to make sure they weren’t ripping off clients. “Investors are looking to the SEC to assure the safekeeping of their assets,” Schapiro said at the time. “We cannot let them down.” On Dec. 16, she settled for something less sweeping. Schapiro joined four other commissioners in approving a rule that requires about 1,600 U.S. fund managers to submit to unannounced audits, 83 percent fewer than seven months ago. The revision came after lobbying by fund companies, including executives from T. Rowe Price Group Inc. , who met with Schapiro, and Legg Mason Inc. , who met with another commissioner, SEC records show. The diminished inspections rule is one of at least four Schapiro announced as a way to protect investors and boost confidence, then later scaled back or delayed. In August, she bought herself more time on a rule to rein in short-sellers, after lobbying by hedge funds. In October, Schapiro put off plans to give investors more power to decide who sits on corporate boards after the U.S. Chamber of Commerce questioned the SEC’s jurisdiction. ‘Driving Hard’ “I’ve been driving people very, very hard in this building,” Schapiro said in a Dec. 22 interview. “We just don’t have the capacity to move any faster. We’re still at, I think, a very good pace.” Schapiro became SEC chairman in January, having been nominated by President-elect Barack Obama to attack Wall Street’s “culture of greed” and bring the “new ideas, new reforms and new spirit of accountability” to an agency whose failures, Obama said, helped spur the 2008 market meltdown. In her first year in office, Schapiro’s found that issuing proposals is easier than finalizing them. “You get zero points in history for what you proposed,” said former SEC Chairman Richard Breeden , who now manages a hedge fund that tries to remove directors at companies he believes are underperforming. “You get points for what you get over the goal line.” The SEC under Schapiro, 54, has suffered some setbacks, including a public humiliation in September by a federal judge who called a proposed $33 million settlement of an enforcement case with Bank of America Corp. a “contrivance.” Democratic Relations Even Schapiro’s attempts to maintain good relations with Democrats in Congress have prompted SEC Commissioner Kathleen Casey , a Republican, to caution against politicizing an independent agency. Regulation “needs to be driven by data, not politics or unfounded assumptions,” the SEC commissioner said at an October public meeting. “If you go back to my days there were attempts to bring political pressure over some of our cases,” said Stanley Sporkin , a retired federal judge who in the 1970s led the SEC unit that investigates corporate fraud. “Everybody at the SEC knows you’ve got to fight it off. Mary knows that.” Schapiro, who graduated from Franklin and Marshall College in Lancaster, Pennsylvania, before receiving a law degree from George Washington University, has spent more than two decades in financial regulation. She was first a staff attorney at the Commodity Futures Trading Commission , followed by stints as an SEC commissioner, chairman of the CFTC and then chief executive officer of the Financial Industry Regulatory Authority , a Wall Street-funded overseer of more than 5,000 U.S. brokerages. Image Rehabilitated Former SEC officials say Schapiro’s strategy of proposing rules and pursuing cases against industries and executives involved in the financial crisis helped rehabilitate the agency’s image — even if she has had to change her mind on occasion. “Sometimes you shoot too fast and you find out there are things you should have thought about first,” said Edward Fleischman , a former SEC commissioner who’s now a senior counsel at the Linklaters law firm in New York. “She doesn’t appear to be a steamroller who says ‘I made the proposal so it must be right.’” At a time when lawmakers were threatening to strip the SEC of power because of failures in policing Wall Street, she helped restore its credibility, former officials said, by cleaning up units that missed Madoff’s crimes and proposing regulations for credit-rating companies that assigned top grades to toxic mortgage securities. “Mary has behaved admirably,” said David Ruder , a Republican SEC chairman under President Ronald Reagan who now teaches law at Northwestern University in Chicago. “She has really made an effort to show the commission is revitalizing itself.” Unfinished Rules The SEC is reviewing public comments on the still- unfinished credit-rating rules, which would require companies such as Moody’s Investors Service and Standard & Poor’s to disclose how much revenue they get from their biggest clients and subject their employees to the same liability standards as auditors. Schapiro also has yet to complete work on rules for money market funds. After last year’s collapse of the $62.5 billion Reserve Primary Fund , the Obama administration called the industry a “significant source of systemic risk.” SEC commissioners plan to vote next year on a proposal to force funds to hold a bigger share of their assets in investments that are easy to liquidate. Other regulatory initiatives, however, are stuck in limbo. After saying in April that she would consider curbs on short- selling, which lawmakers blame for pushing down stock prices, Schapiro has postponed any rules until next year. Hedge Fund Push Back The decision followed push back from hedge funds, including Citadel Investment Group LLC, D.E. Shaw & Co. LP, and Renaissance Technologies Corp. They told the SEC in letters that there was little evidence that bearish traders caused the steep decline of share prices in 2008. The fund managers also said the SEC’s plans would damage markets. Schapiro, in the interview, said the SEC in August sought a second round of comment because it was considering an alternative approach to the short-selling rules proposed four months earlier. On the surprise audits, fund managers complained in private meetings that the agency was unfairly punishing an entire industry for the sins of one of history’s biggest fraudsters, according to attendees who requested anonymity to discuss the private sessions. Exams Unnecessary The exams weren’t necessary, the money managers also argued, because most investment firms hire banks to safeguard customer funds. And they said it would cost them at least double the SEC’s $8,100 estimate to pay for the annual exams. “My view is always, if we are a bit more aggressive in proposing, we have more leeway,” Schapiro said in the interview. In May, she proposed a rule that would give shareholders more power to choose board directors by making it easier to wage proxy fights. Under the proposal, groups of shareholders who collectively own 1 percent of the biggest companies could nominate board members directly on corporate ballots, rather than absorbing the cost of printing and mailing a second proxy statement. She linked the proposal to the global financial crisis, saying bank losses raised “serious questions” about the oversight performed by directors. ‘Unworkable’ Plan The U.S. Chamber of Commerce, which represents more than 3 million companies, called the SEC plan “unworkable” in an August letter. The nation’s largest business lobby has also been discussing with Gibson, Dunn & Crutcher LLP attorneys a strategy for suing the SEC, said Tom Quaadman , a Chamber executive director. By September, Schapiro’s staff began telling investors that the so-called proxy-access rules wouldn’t be in place for 2010 director elections. In October, the SEC publicly announced the delay. Schapiro said the SEC still hopes to approve the rule in the first three months of 2010. “It’s a pretty profound change to the fabric of corporate governance,” she said in the interview. “We need to do it carefully and thoughtfully.” Her agenda has sometimes been driven by political pressure, said James Angel , a finance professor at Georgetown University in Washington who has served as an adviser to stock exchanges. Lawmaker Lobbying The effort to curtail short-selling, in which traders borrow stock and sell it, hoping to profit by replacing the shares at a lower price, followed lobbying from Democratic lawmakers after the Standard & Poor’s 500 Index fell 19 percent in the first two months of the year. Representative Barney Frank , chairman of the House Financial Services Committee — the SEC’s overseer in the House — announced Schapiro’s plans for her at a March 10 press conference. The Massachusetts Democrat said he was “hopeful,” after speaking with the SEC boss, that she’d reinstate the uptick rule “within a month.” The SEC in 2007 had scrapped the rule, which required investors to wait for the price of a stock to rise before executing short sales. In July, the prodding came from Senator Charles Schumer . The New York Democrat urged Schapiro, a political independent, to ban flash orders, which such trading venues as Direct Edge Holdings LLC were using to take market share from NYSE Euronext. Two-Tiered Market Schumer said the practice, in which brokers get a split- second advance peek at buy and sell orders for stock, risked creating a two-tiered market that favored those with sophisticated computer systems over retail investors. Schapiro, after a telephone conversation with Schumer, told her staff to get to work on a ban. To make sure she honored the commitment, the senator put out a press release disclosing their phone conversation and Schapiro’s pledge. The SEC proposed a prohibition on flash trades in September and the agency’s staff is now reviewing public comments. Schumer spokesman Brian Fallon didn’t respond to requests for comment. SEC Commissioner Casey and Senator Robert Menendez , a New Jersey Democrat, are among those who want the SEC to resist what they consider political influence. Menendez, whose state is home to Jersey City, New Jersey-based Direct Edge, sent Schapiro a letter on Dec. 9 advising her to base decisions about whether to ban trading practices on data, not input from “commentators.” Schapiro said she’s not worried “at all” about the level of congressional feedback. “I welcome hearing their views just like I welcome hearing the views of the stock exchanges and the clearinghouses, retail investors and the institutional investors,” she said in the interview. “It’s all part of the mix.” Weakened Clout Her responsiveness to the concerns of lawmakers may reflect the weakened clout of the SEC after the agency missed Madoff’s fraud and politicians accused it of failing to police Wall Street, said former SEC General Counsel Ralph Ferrara . “What’s being done now is to build credibility,” said Ferrara, a partner at Dewey & LeBoeuf LLP in Washington. “If the goal is to protect the agency, then what you do when the bear comes to the mouth of the cave is feed the bear.” There’s evidence that the strategy is working. In May, the Treasury Department was mulling a recommendation to Congress that the SEC relinquish oversight of the $10 trillion mutual- fund industry. Derivatives Regulation Seven months later, the House approved legislation that would increase, not shrink, the SEC’s authority by adding regulation of derivatives to its plate and doubling its $1 billion budget. Senate Banking Committee Democrats also want to give the SEC authority over derivatives. Traders use the mostly unregulated contracts to speculate on everything from interest rates to oil prices, and companies use them to protect against losses. Obama administration officials say a lack of transparency in the $605 trillion derivatives market exacerbated the credit crisis and contributed to the near-failure of American International Group Inc., once the world’s biggest insurer. Under lawmakers’ plans, banks and investors would trade contracts on regulated platforms that are monitored by the SEC and Commodity Futures Trading Commission. Having won the battle to share oversight of derivatives with the CFTC, Schapiro now must prove that her agency can manage the new responsibility. In preparation, she has hired economists and former Wall Street traders to add market expertise to an agency staff made up mostly of attorneys. Headline-Grabbing Cases Meanwhile, new SEC Enforcement Director Robert Khuzami has tried to restore the prestige Madoff stripped from the agency by focusing on headline-grabbing cases, said Peter Henning , a former SEC attorney who now teaches at Wayne State University Law School in Detroit. The strategy went awry when U.S. District Judge Jed Rakoff questioned why the SEC settlement with Bank of America didn’t accuse any executives of wrongdoing. The proposed settlement would have resolved allegations that the Charlotte, North Carolina-based bank misled its investors about billions of dollars in bonus payments during the acquisition of Merrill Lynch & Co. The $33 million fine reflected a “cynical relationship” that allowed the SEC to say it exposed wrongdoing and permitted Bank of America to say it had been “coerced into an onerous settlement,” Rakoff wrote in a Sept. 14 decision. The SEC now must square off against Bank of America in court next year and has requested a jury trial. Lengthy Court Battles The agency may also face lengthy court battles against Angelo Mozilo , the Countrywide Financial Corp. co-founder sued for inappropriate stock sales, and billionaire investor Raj Rajaratnam , who was accused of insider trading. Like some of Schapiro’s rule proposals, she can’t declare victory until those cases wend their way through the legal system. “She’s taken on the job under extraordinarily difficult conditions, given constant demands from lawmakers and the evolving financial crisis,” said Barbara Roper , director of investor protection for the Washington-based Consumer Federation of America. “That’s had an impact on what she’s been able to accomplish. The next year will be a real proving ground.” To contact the reporter on this story: Jesse Westbrook in Washington at jwestbrook1@bloomberg.net .

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Aaron Glantz: Black Businesses Shorted on Stimulus Contracts

December 23, 2009

This article originally appeared on the website of New America Media . Since President Barack Obama signed his stimulus package into law in February, the U.S. Department of Transportation has handed out more than $150 million in contracts to companies for street, highway and bridge construction. New statistics released this week by the Transportation Equity Network (TEN) show that from that pot of money not a single dollar had been allocated to any African-American owned business. “Stunning,” is how TEN’s media director Stephen Boykewich described his organizations’ findings. “What we’re seeing all over the country is that in spite of stated language in the stimulus bill that this was supposed to go to disadvantaged communities hit hardest by the recession, those communities are having incredible difficulty gaining access to those funds.” TEN, a 22-state network of more than 300 community organizations fighting for an equity-based national transportation system, crunched numbers publicly available on-line at the Web site of the government’s federal Procurement Data System (www.fpds.gov) in making their findings. The federal Department of Transportation had so far given out $163.8 million in direct contracts, they found, and of that only $16.8 million, or about 10 percent, had gone to all minority-owned businesses; $4.7 million, or about 3 percent, had gone Hispanic-owned businesses. Not a single black-owned firm had received a contract from the DOT. In Washington, a DOT spokesman refused to comment for attribution for this story and wasn’t able to offer an explanation of the statistics assembled by the Transportation Equity Network. He added that the DOT’s Disadvantaged Business Enterprise (DBE) program doubled in size over the last year. and he forwarded a press release stating the agency “has participated in many national events” and organized “workshops, presentations, and DBE Days” to increase the amount of minority contracting. Transportation Secretary Roy LaHood also sent a letter to every governor in the country December 7 urging them to “take advantage of existing equal opportunity programs and resources and to create innovative strategies to provide opportunities for the under-represented” with transportation infrastructure dollars they administer under the $787 billion American Recovery and Reinvestment Act. Richard Copeland, the African-American owner of Thorn Construction in Minneapolis, says those efforts haven’t been successful because LaHood is only offering suggestions and not enforcement. “You’ve got to put teeth in it and be willing to withhold the stimulus money if it’s not being enforced,” he said. “Unless you mandate and enforce it, it’s not going to work. “It’s asking for voluntary participation and voluntary cooperation, and power is not conceded using those types of methods,” he said. “You’ve got to mandate that money goes into communities of color and then follow up. Copeland, who is the immediate past president of the Minority Contractors Association in Washington, DC, said the small number of minority firms receiving stimulus contracts is a partial cause of the Depression-like unemployment levels that now plague the African-American and Latino communities. In November, the Labor Department reported the seasonally adjusted unemployment rate of 15.6 percent for blacks and 12.7 for Hispanics. It is 9.3 percent for whites. “We know that 60 percent of the employees of minority firms are people of color,” Copeland said, “so if none of us get contracts, people in our communities won’t get jobs.” The Transportation Equity Network believes the best way to solve this problem is to create a 30 percent set-aside of work hours for disadvantaged workers as part of any new jobs bill that passes the House in the coming month, as well as stronger accountability and transparency in tracking the use of all federal funds for economic stimulus and job creation. In the meantime, the Boykewich, pointed to Missouri as a state where significant progress is being made. Missouri’s Department of Transportation recently agreed that low-income construction apprentices would make up 30 percent of the work force on a $500 million highway project that was just completed. Working with trade unions and community groups, the department also agreed to use $2.5 million of the project’s federal funding to train low-income residents in construction work. “And the best part was the project came in on time and under budget,” Boykewich said. Boykewich said he’s cautiously optimistic after seeing LaHood’s letter’s to the governors. The Obama administration is moving in the right direction, he said, even if communities of color have yet to see any results. Aaron Glantz is NAM’s Stimulus Editor

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RE/MAX Excel Realtor Earns New Certified Distressed Property Expert Designation

December 21, 2009

Ryan Crozier with RE/MAX Excel, REALTORS in Avon, IN earned his Certified Distressed Property Expert (CDPE) designation from the Distressed Property Institute, LLC offered through RE/MAX International. FOR IMMEDIATE RELEASE PR Log (Press Release) – Dec

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Obama Loses Lending Lever as Citigroup, Wells Fargo Repay U.S. Rescue Aid

December 18, 2009

By Bradley Keoun Dec. 18 (Bloomberg) — The Obama Administration didn’t waste any time in getting its economic message across to Wall Street. As the last big banks scrambled to return their bailout funds in mid-December, the President summoned top Wall Street chiefs to the White House, urging them to increase lending to companies and individuals. “Now that they’re back on their feet, we expect an extraordinary commitment from them to help rebuild our economy,” Obama told reporters after the meeting on Dec. 14. It will take more than a guilt trip to boost credit, Bloomberg BusinessWeek reported in its Dec. 28 issue. With Citigroup Inc. and Wells Fargo & Co. joining JPMorgan Chase & Co. and Bank of America Corp. in repaying their rescue funds, the feds have lost a big lever for lending. Not that the Troubled Asset Relief Program proved effective in getting credit flowing again. Even when they had the federal funds, banks hunkered down in the face of losses. Loan originations totaled just $239 billion in September, down 14% from the average of $279 billion in the previous six months, according to a Treasury Department survey of the 22 biggest bailout recipients. Without TARP over their heads, bank CEOs are even less likely to lend. That’s because the banks still haven’t recovered. JPMorgan CEO Jamie Dimon told investors on Dec. 8 that his credit-card unit, which has posted four straight quarters of losses, may lose $1 billion a quarter through June 2010. Risky Assets Citigroup is sitting on $182 billion of risky assets that the bank wants to unload. And Wells Fargo has $135.2 billion of commercial real estate loans; losses in the portfolio surged by 21% from the second quarter to the third. When the U.S. did its “stress tests” in May on the 19 biggest banks, the Fed estimated the group’s total losses through 2010 might reach $600 billion. So far only 20% has been recognized, according to U.K. bank Barclays. With loan losses looming, banks are squirreling away money. Bank of America, Citigroup and Wells Fargo have raised or plan to raise at least $50 billion of capital. Citigroup’s cash has doubled over the past year to $244 billion, according to regulatory filings. Richard X. Bove of Rochdale Securities said this is the largest stockpile he’s seen at any bank in his 44 years as an industry analyst. Cautious Stance Regulators are encouraging the cautious stance. The post- TARP capital levels may become the new norm for big banks, said Ernie Patrikis , a former Federal Reserve Bank of New York general counsel who’s now a partner at law firm White & Case LLP in New York. Citigroup said in a Dec. 14 press release that capital by one measure would stand at 11% of assets after repaying TARP and selling stock. Under international banking rules, a well-capitalized bank is supposed to have a cushion of 6% of assets. “If the president wants the banks to start lending more, he might spend less time yammering at CEOs and more time talking to his own regulators,” said hedge fund manager Tom Brown in an article on his financial research Web site, Bankstocks.com . Regulators “now seem to be insisting banks maintain minimum capital standards meaningfully above the published, official” levels. As capital rises, lending is falling. New York-based JPMorgan cut the unused portion of customers’ credit-card lines by 6.3% this year, to $584.2 billion, as of Sept. 30, according to regulatory filings . It reduced home-equity lines by 32%, to $64.8 billion. Bank lending to businesses declined 17%, to $1.35 trillion over the past year, according to the Federal Reserve. ‘To Make Money’ “These guys are in it to make money,” said White & Case’s Patrikis. “Who wants to be the first banker to make a bad loan?” With the big banks exiting TARP, the U.S. will have to find new ways to exert pressure. One method may be to raise the Fed funds rate , what banks charge each other for borrowing funds overnight, said Allan H. Meltzer , a Fed historian and professor at Carnegie Mellon University in Pittsburgh. Banks make money by borrowing from the central bank and investing it in higher- yielding loans and securities. With the rate hovering near zero , banks can make a nice profit simply by holding Treasuries. By upping the rate, banks would be forced to shift the money into loans. Right now “you can make three percentage points, which is a lot for a bank, for doing nothing,” Meltzer said. “Why should the banks take risks?” Fannie, Freddie The government may to have rely on Fannie Mae and Freddie Mac to spur home lending. The mortgage industry is expected to make $1.6 trillion of new home loans in 2010, down from $1.9 trillion in 2009, estimates Bose George at Keefe Bruyette & Woods. The mortgage giants, which were seized by the feds 16 months ago, would seem an odd choice for federal lending efforts; the two companies have lost a combined $71 billion this year. But their influence on the mortgage market is so important that Treasury is considering an increase of their backup financing, now $400 billion, people familiar with the situation said this week. If the banks don’t open up their wallets soon, the Obama administration could decide to lower underwriting standards for loans sold to Fannie and Freddie, known as government-sponsored entities, said George of Keefe Bruyette. “There’s no question that if the GSEs loosen their standards we’d have far more loans being produced,” George said. “The only provider of credit is the government.” (To see this story as it appears in the Dec. 28 edition of Bloomberg BusinessWeek, click here .) To contact the reporter on this story: Bradley Keoun in New York at bkeoun@bloomberg.net .

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Obama’s Next Economic Push To Be Staged At Home Depot

December 12, 2009

The White House announced on Saturday that President Obama will be hosting a discussion about his new home retrofitting proposal at a Home Depot store in the Washington-area. The event will be invitation only, and will focus on “the economic impacts of energy saving home retrofits.” According to the White House press release, the President intends to “solicit ideas” from members of the labor, manufacturing and small business communities. Last week, as part of a plan to use the remaining TARP funds, Obama asked Congress to create incentives for homeowners who make their property more energy efficient.

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Fuquay Varina Real Estate Announces Free Distressed Home Listings Are Now Available on Their Website

December 12, 2009

– The List Includes Foreclosures and Short Sales in Wake County, NC and beyond. Fuquay Varina Real Estate FOR IMMEDIATE RELEASE PR Log (Press Release) – Dec 12, 2009 – Fuquay-Varina, NC — Purchasing real estate can sometimes be a long process and

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Treasury Touts Long-Available Derivatives Report As A Part Of Its ‘New’ Open Government Plan

December 9, 2009

This morning, the folks at the U.S. Treasury Department put out a press release announcing their “Open Government Plan,” which they are touting as a “New Information Sharing Effort” that “Promotes [a] Culture of Transparency, Collaboration, Participation.” The release reads, in part: As part of a commitment to increase transparency in government and maintain accountability of taxpayer dollars, the U.S. Department of the Treasury today announced an open government effort that will increase public access to data and information. Under this initiative, Treasury has compiled and will now make available new data on tax returns, more user friendly information on transactions under the Troubled Asset Relief Program (TARP), and a new report on bank trading and derivatives. It’s new! And it’s now! Except, of course, for the component of this “Open Government Plan” that’s actually been available for over a decade that the Treasury is now attempting to pass off as something they’ve just introduced. Quarterly Report on Bank Trading and Derivatives . This new report, made available by the Office of the Comptroller of Currency, provides information on the federal government’s supervision of banks as well as the investment activities of financial institutions. Yeah, see, that “new report” has actually been available since 1995. You can look it up ! The Huffington Post’s own business reporter Shahien Nasiripour tells me, “I’ve written many , many articles on derivatives, and I’ve been using this report for a long time.” The release cites two additional “new” innovations: new data from the Internal Revenue Service on taxpayer ” migration patterns ” and a new “format” for transactions being made under the Troubled Asset Relief Program . One used to be available for a fee; the other in a slightly less useful PDF format, so that’s all well and good — but as examples of “new” frontiers in government transparency, it’s pretty weak tea. So it’s really no wonder that the Treasury would pad these scant offerings out with a report that financial reporters have been using very effectively, for years. [Would you like to follow me on Twitter ? Because why not? Also, please send tips to tv@huffingtonpost.com -- learn more about our media monitoring project here .]

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Yankees Trade Relief Pitcher Bruney to Nationals for Player to Be Named

December 7, 2009

By Jay Beberman Dec. 7 (Bloomberg) — The New York Yankees traded relief pitcher Brian Bruney to the Washington Nationals for a player to be named. Bruney, 27, was 5-0 with a 3.92 earned run average in 44 appearances last season. The Yankees announced the transaction in a press release.

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State Dinner’s Gate Crashers to Be Subject of Hearing Into Security Lapse

November 30, 2009

By Jeff Bliss Nov. 30 (Bloomberg) — The House Homeland Security Committee will hold a hearing on Dec. 3 to investigate how an uninvited couple slipped past security at last week’s state dinner honoring Indian Prime Minister Manmohan Singh . Among those requested to testify are the couple, Tareq and Michaele Salahi of Virginia, and U.S. Secret Service Director Mark Sullivan , according to a press release from the panel. “This is a time for answers, recognition of security deficiencies past and present, and remedies to ensure the strength of the Secret Service and the safety of those under its protection,” said Bennie Thompson , the Mississippi Democrat who is chairman of the committee, in a statement. The Secret Service is investigating the breach, which Sullivan said “deeply concerned and embarrassed” the agency. Agents failed to follow procedures that should have prevented the man and woman from crashing the event, he said. To contact the reporter on this story: Jeff Bliss in Washington jbliss@bloomberg.net .

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Transactional Funding Helps Real Estate Investors Close More Short Sale Deals!

November 22, 2009

money, credit or assets! FOR IMMEDIATE RELEASE PRLog (Press Release) – Nov 22, 2009 – Transactional funding gets real estate investors the money they need to close more short sale deals with simultaneous closings despite belt tightening by most

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Transactional Funding Helps Real Estate Investors Close More Short …

November 22, 2009

” Distressed Debt ” via Industry-News.org in Google Reader : money, credit or assets! FOR IMMEDIATE RELEASE PRLog (Press Release) – Nov 22, 2009 – Transactional funding gets real estate investors the money they need to close more short …

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Transactional Funding Helps Real Estate Investors Close More Short …

November 22, 2009

” Distressed Debt ” via Industry-News.org in Google Reader : money, credit or assets! FOR IMMEDIATE RELEASE PRLog (Press Release) – Nov 22, 2009 – Transactional funding gets real estate investors the money they need to close more short …

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Transactional Funding Helps Real Estate Investors Close More Short …

November 22, 2009

” Distressed Debt ” via Industry-News.org in Google Reader : money, credit or assets! FOR IMMEDIATE RELEASE PRLog (Press Release) – Nov 22, 2009 – Transactional funding gets real estate investors the money they need to close more short …

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Ecommerce Scams: Hundreds Of Well-Known Sites Scam Customers, Report Shows

November 17, 2009

Senator Rockefeller released the results of an investigative report into “Aggressive Sales Tactics on the Internet and Their Impact on American Consumers” in advance of a hearing on the subject by the US Senate Committee on Commerce, Science, and Transportation. The research examines “controversial e-commerce business practices that have generated high volumes of consumer complaints” and focused on sales tactics that “charge millions of American consumers for services the consumers do not want and do not understand they have purchased,” according to the Staff Report . A controversial practice known as “post-transaction marketing” was at the center of the research into the e-commerce business practices. TechCrunch offers context on how “post-transaction marketing” works: Background: hundreds of well known ecommerce companies add post transaction marketing offers to consumers immediately after something is purchased on the site. Consumers are usually offered cash back if they just hit a confirmation button. But when they do, their credit card information is automatically passed through to a marketing company that signs them up for a credit card subscription to a package of useless services. The “rebate” is rarely paid. The report reveals that numerous well-known e-commerce companies have earned millions of dollars through post-transaction marketing “scams”, including sellers such as 1800Flowers.com, Fandango, FTD, Orbitz, Priceline, Shutterfly, Buy.com, Barnes & Noble, Expedia, as well as many, many more. The chart below, taken from the committee’s report, highlights a number of the companies that have received income from post-transaction marketing, along with an approximation of how much money they’ve received through the practice: In the Staff Report summarizing the investigation’s findings, the committee writes, Eighty-eight e-commerce companies have earned more than $1 million through using these tactics, including 19 that have made more than $10 million. Classmates.com has made more than $70 million using these controversial practices. Senator Rockefeller issued a statement on the report, saying: After six months, this Committee has found that the companies we are investigating have figured out very clever ways to manipulate consumers’ buying habits so they can make a quick buck. American consumers have been complaining for years about these misleading practices and asking for answers – and rightly so. Millions of Americans are getting hit with these mystery charges every month – we have to do all we can to protect the hard working families relying on us to look out for their wallets and well-being. Get the full report and read the Press Release from the US Senate Committee on Commerce, Science, and Transportation here. TechCrunch has additional reporting on the committee’s findings. Read comments from customers about post-transaction marketing scams here.

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Derivatives Just "A Sophisticated Form Of Gambling," U.S. Senators Say; Propose Bill Allowing State Gambling Laws To Apply

November 10, 2009

Three U.S. Senators described the complex and little-understood world of derivatives trading as “a sophisticated form of gambling,” proposing legislation that would enable state gambling regulators and attorneys general to examine the practice. Senators Maria Cantwell (D-WA), Ron Wyden (D-Ore.) and Bernie Sanders (I-VT) sent out a press release on Tuesday, describing the need for more oversight of the market in derivatives, which are contracts that can act as insurance against a future event, or as just a simple bet. “The derivatives market has done so much damage to our economy and is nothing more than a very high-stakes casino – except that casinos have to abide by regulations,” wrote Cantwell. “Even in Las Vegas at the Blackjack tables, both the House and the player have to have capital behind their bets. But we allow Wall Street to continue to operate in the dark…” Their bill specifically removes a nine-year-old directive that specifically preempted state law from applying to derivatives contracts. It was part of the Commodity Futures Modernization Act — the law that essentially allowed for the tremendous growth in the unregulated derivatives market. The now-$600 trillion market is, for the most part, largely without strong federal regulation. In the wake of last year’s near-breakdown of the entire financial system — brought about in part by derivatives contracts that didn’t have sufficient collateral backing them up — Congress has promised reform. Cantwell, though, has been among the most vocal advocates. The proposed bill would essentially add another cop to the beat. For those derivatives contracts without federal oversight, rather than derivatives dealers being subject to federal regulations, state regulators would also be empowered to go after those contracts and trades that are unregulated. One such example can be found in derivatives contracts dealing with foreign exchange. The four major proposals tackling derivatives — offered by the White House, House Financial Services Committee Chairman Barney Frank (D-Mass.), House Agriculture Committee Chairman Collin Peterson (D-Minn.), and Senate Banking Committee Chairman Chris Dodd (D-Conn.), respectively — specifically provide an exemption for these types of derivatives contracts whereby two parties exchange agreed-upon amounts of two currencies, either doing this over time or at a later date. Gary Gensler, the head of the federal agency responsible for regulating derivatives — the Commodity Futures Trading Commission — specifically asked Congress to not add in this loophole to the various proposals. “The concern is that these broad exclusions could enable swap dealers and participants to structure swap transactions to come within these foreign exchange exclusions and thereby avoid regulation,” Gensler warned in an August letter to members of Congress. Those who drafted the bills didn’t listen. While the Cantwell-Wyden-Sanders bill doesn’t address the lack of federal regulation, it does enable state regulators to provide oversight. “[Cantwell's] preferred position is a strong federal regulatory environment without loopholes,” said her spokesman John Diamond. “This bill establishes a regulatory minimum.”

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Who Qualifies for New Homebuyer Tax Credit?

November 6, 2009

Update: Just spoke with somebody at Sen. Chris Dodd’s office. According to the senator’s banking committee staff, you can qualify for the credit even if you signed a purchase contract before today’s date. The important thing is that you close on the home between today and June 30, 2010 (Your contract must be signed by April 30, 2010). Keep the questions coming, I’ll try to answer as many as I can. Dozens of you have written in with good questions about the tax credit. I’m working on finding answers, especially to one recurring question. To qualify for the $6,500 credit is it necessary to sign the purchase contract after the measure is signed into law today or can a homeowner who closes on a home after today also meet the requirements? I’ve asked the White House to clarify. In the meantime, I just received a press release from CMPS Institute, a training, examination, certification and ongoing membership program for financial professionals who provide mortgage and real estate equity advice. It clarifies a few things. Read on. More Homebuyers Qualify for Tax Credit Ann Arbor, MI November 6, 2009 – Congress just passed an expanded version of the $8,000 first time home buyer tax credit that was set to expire on November 30. “The new version of the tax credit has the potential to stimulate the housing market even more than the old version due to the fact that more people will qualify under the new rules,” said Gibran Nicholas, Chairman of the CMPS Institute, an organization that certifies mortgage bankers and brokers. “Although the tax credit remains at $8,000 for home buyers that have not owned a primary residence in the last three years, it has been expanded to include a $6,500 tax credit for home buyers that have lived in their current primary residence for at least five consecutive years out of the past eight years. Under the old rules, move-up home buyers did not qualify.” Consider these three examples: Example 1: Jane purchased a home in 2002, lived there for 5 years as her primary home, moved out in 2007, and turned that home into a rental property. If Jane decides to buy a new primary residence today, she would qualify for the $6,500 tax credit based on the fact that she lived in the same residence as her primary home for at least five consecutive years out of the past eight. Example 2: Harry purchased a home in 2004, and lived there for the past 5 years as his primary home. If Harry decides to buy a new primary residence today, he would qualify for the $6,500 tax credit based on the fact that he lived in the same residence as his primary home for at least five consecutive years out of the past eight. Example 3: Nicole purchased a home in 2006, and lived there for the past 3 years as her primary home. If Nicole decides to buy a new primary residence today, she would not qualify for the $6,500 tax credit based on the fact that she did not live in the same residence as her primary home for at least five consecutive years out of the past eight. The tax credit applies to homes purchased for less than $800,000 before May 1, 2010. “If you sign a binding contract to purchase a home before May 1st, you would need to close on the transaction before July 1, 2010,” Nicholas said. “It works kind of like a gift certificate that can be redeemed for cash. You simply file a form with the IRS right after you buy your home, and the IRS will send you a check for the full amount of your credit.” The income limitation for single tax payers went up from $75,000 under the old rules to $125,000 under the new rules. For married tax payers, the income limitation went up from $150,000 to $225,000. “This means that more people will qualify for the credit – especially in parts of the country with higher costs of living,” Nicholas said. “This should help stimulate parts of the housing market that may not have been impacted by the old version of the credit.” There are many creative ways of structuring your home purchase transaction in ways that maximize the benefits of the credit. Here are a few examples: · The credit applies to 1-4 unit homes as long as you live in one of the units as your primary residence – you could live in one unit and rent out the others · If two unmarried individuals buy a home, and only one of the individuals qualifies for the credit based on their income or past home ownership status, the individual who qualifies for the credit can claim the full credit. (Note: In the case of married couples, both spouses must qualify for the credit.) · The credit applies even if you have co-signers on your mortgage loan

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Michelle Obama Shows How Health-Care Changes Make People Resist

November 5, 2009

By John Lippert Nov. 5 (Bloomberg) — From the red-brick mansion Barack and Michelle Obama own on Chicago’s South Side, it’s a three-block walk to Washington Park, a neighborhood that’s home to some of the sickest people in the developed world, according to a 2008 press release from the University of Chicago Medical Center. Washington Park’s population is 97 percent African-American and suffers rates of heart disease, cancer and diabetes at twice the average of Hyde Park, the multiracial enclave that’s home to the university, city data show. When they need help, many Washington Park residents look to the nonprofit university hospital’s emergency room. Some 80 percent of the ER’s patients aren’t covered by private insurance and 3 in 10 don’t have a family doctor. The influx of patients seeking help reduces resources for more-complicated, revenue-generating operations — a situation familiar to executives at hospitals across the U.S. and one that President Barack Obama is trying to address by reshaping the nation’s medical system. Americans spend $2.5 trillion a year on health care and some 47 million citizens still don’t have coverage. Part of the solution to insuring more Americans and driving down costs may be found in a Chicago health-care experiment that Michelle Obama helped develop. The rollout of the Urban Health Initiative has sparked criticism from all sides. Some university doctors say it diverts personnel and funding from emergency rooms, while a number of local people complain they’re being cut off from the best medical care. Health Care Advocate In 2002, the hospital hired the Harvard University-trained lawyer as executive director of community affairs to reach out to South Side residents who often viewed the university as a bastion of white privilege. Three years later, as the university organized a network of neighborhood clinics offering preventive and primary care, it handed the future First Lady control of what later became known as the Urban Health Initiative. In that role, Michelle Obama worked to improve the clinics the university once fought as rivals and turn them into “medical homes” for routine care. The UHI’s so-called patient advocates — administrative gatekeepers hired by the university — help ER patients find family doctors. Some clinics are staffed by university physicians or by doctors whose student loans are forgiven for community service. The program now includes 28 clinics and hospitals on the South Side. It costs an average of $100 to treat a patient with routine ailments at a local clinic. That’s one-tenth the price of similar care at the ER, says Eric Whitaker , a longtime friend of the Obamas who took over the program after Michelle, 45, left for Washington in January. Congressional Support The clinic concept has gained support in Congress. On Oct. 13, the U.S. Senate Finance Committee approved an $829 billion health-care bill . A key provision of the proposed legislation: $10 billion over 10 years for a Medicaid “innovation center” to ease pressure on ERs. Then on Oct. 29, House Speaker Nancy Pelosi introduced a comprehensive health-care bill that the Congressional Budget Office says would cost $1.055 trillion. It includes provisions for clinic care. Republicans say they’re planning to propose their own health-care legislation. The UHI will cut the hospital’s portion of revenue derived from Medicaid in half so it’s in line with Chicago competitors like Northwestern Memorial Hospital , Whitaker says. Medicaid, an assistance program jointly administered by states and the federal government, provides coverage for the poor and disabled and for children. The total cost of the program was $339 billion in 2008, according to the U.S. Department of Health and Human Services. Medicaid payments dropped from 26 percent of the hospital’s $1.1 billion of revenue in 2007 to 23 percent in the year ended on June 30, 2009. Cutting Costs The Chicago program’s defenders say it helps show the way in driving down unnecessary costs. “The UHI is an important model for the country in building health delivery systems that are cost-effective and yet accessible for vulnerable populations,” says Patricia Terrell , an analyst in Chicago for Health Management Associates , a medical consulting company based in Lansing, Michigan. Ties between the Obamas and the University of Chicago run deep. The future president taught constitutional law at the school while serving as a state legislator and turned down an offer of a permanent position there after losing a race for Congress in 2000. Valerie Jarrett , 52, a lawyer who was chairwoman of the hospital board from 2006 to 2009, hired Michelle Obama in 1991 to be an assistant to Chicago Mayor Richard M. Daley . Jarrett is now a White House senior adviser. ‘Working Together’ Michelle Obama’s credibility was boosted by her biography: She’s a daughter of the South Side whose late father, Fraser Robinson, worked in a city water plant, while her mother, Marian , was a secretary at the University of Chicago for several years. “We’re working together to get people to the right place,” Michelle Obama said in the medical center’s 2006 annual report , “to make sure everyone stays generally healthy with routine care.” Even with new options for treatment, patients like Virgil Willis still turn to the ER when they feel sick. On an August morning, the 23-year-old father of four, who doesn’t have insurance, arrives at the hospital seeking treatment for a headache. He hasn’t seen a doctor in eight years. Two Vicodins After three hours, Willis gets two Vicodin pain-killers. Before he leaves, he meets with a UHI patient advocate named Wanda Trice, whose casual clothes contrast with the white coats worn by the doctors scurrying around the ER. Willis later doesn’t show up for a follow-up clinic appointment set up by Trice. He says his ER bill was $1,000 and he won’t be back anytime soon. Kohar Jones, a faculty doctor who studied medicine at Yale University in New Haven, Connecticut, says the UHI will need 20 years to reach its potential. She says the program stumbled at first by reducing Medicaid treatments at the hospital before patients knew about alternate care sites in the community, and by not having family doctors on hand to explain what was happening. “It was one stranger saying, ‘Go see another stranger,’” Jones, 32, says. “People felt cut off.” Jones spends four days a week at the Chicago Family Health Center at the southeastern tip of the city. Eighty percent of its 23,000 patients have household incomes below the federal poverty level, which for a family of four is $22,050. In 2007, the center completed a $6 million renovation anchored by a glass-enclosed atrium. The UHI, which subsidizes Jones’s salary, contributed $150,000. Doctors Protest Earlier this year, as the university offered more support to local clinics, a cash crisis brought on job cuts and led to a plan to reduce the number of beds available for ER walk-ins. Those moves triggered a protest from some of the hospital’s 700 doctors, who claimed the university was turning its back on the poor. Dr. Terry Vanden Hoek resigned as emergency medicine chief rather than implement the changes. Vanden Hoek, who remains on the faculty, declined to comment. Soon afterward, the American College of Emergency Physicians denounced the UHI. “The University of Chicago’s policy reflected an effort to cherry-pick wealthy patients over poor,” the group said in a Feb. 19 press release . Former ACEP President Nick Jouriles says the UHI wastes money because community clinics duplicate the equipment and staffs that ERs have already. Medicaid should spend more on ERs, since nonemergency patients account for a fraction of their costs, Jouriles says. Racial Wounds Steering Medicaid patients to nearby clinics also stirred up memories of Chicago’s discriminatory history. Robert Hutchins , university president from 1929 to 1945, supported real estate contracts written to stop African-Americans from moving to Hyde Park, according to Timuel Black , professor emeritus at the City Colleges of Chicago. The problems the university encountered in changing how health bureaucracies function presages the conflicts to come under President Obama’s changes, UHI head Whitaker says. “My experience here has made me concerned about implementation of health reform at the national level,” he says. “Even common-sense changes bump up against the desire to not change by patients and health professionals.” White House Insiders Although many of the principals involved in the UHI are members of Obama’s kitchen cabinet, the administration hasn’t made Michelle’s involvement part of its legislative campaign. Whitaker, 44, former head of the Illinois Public Health Department , earned a master’s in public health at Harvard, where he met the future president. He vacationed with the first family on Martha’s Vineyard in August. David Axelrod , 54, Obama’s chief political strategist, conducted focus groups and advised officials on how to sell the UHI to the South Side. Susan Sher , 61, now the First Lady’s chief of staff, was the hospital’s general counsel from 1997 to 2009. Michelle Obama declined to comment for this story through her spokeswoman Catherine McCormick-Lelyveld . Jarrett, Axelrod and Sher also declined to comment. “At the White House, they don’t want anything to do with the UHI,” Whitaker says, adding that political attacks and superficial journalism have hurt the program’s image. “The story’s nothing but trouble.” ‘No-Win Situation’ Michelle Obama’s reluctance to comment is understandable, says Harlan Krumholz , a public health professor at Yale who backs community clinics. “I think she is in a no-win situation — and is trying to stay away from anything partisan,” Krumholz says. “I don’t think it says anything about the program — more about the tenor of political discourse in this country.” As it’s currently structured, Medicaid effectively discourages hospitals from practicing preventive medicine. For every million dollars the University of Chicago spends to care for 2,179 family medicine patients, Medicaid reimburses $163,000, says James Madara , the hospital’s chief executive officer until October. By contrast, money spent by neighborhood clinics buys a lot more, at least in terms of volume. With $1 million, UHI clinics can treat 6,289 family medicine patients and get reimbursed $1.08 million from Medicaid, Madara says. Facilities that specialize in complex procedures benefit from treating patients with private health insurance, he says. If the hospital spends $1 million on 24 neurosurgeries, it will be reimbursed $1.02 million from Medicaid or $2.04 million from private insurers. ‘Expensive Resource’ “There’s a public policy signal in there to not use this expensive resource unless the disease requires it,” says Madara, whose views on Medicaid fueled criticism that helped drive him from his administrative post. Some of the criticism of UHI clinics comes from locals who want access to the superior facilities at the University of Chicago for chronic ailments. Henry Patton, a 63-year-old retired taxi driver who relies on Medicaid disability insurance, arrives at the hospital’s reception area on an August morning complaining of back pain. His sister, Sarah Barber, who has driven him to the ER, debates with UHI patient advocate Lolita Smith about what to do. Barber, a retired school administrator, says her brother can’t do what Smith suggests, which is to wait four months for a cardiologist or to search online himself for another doctor. “He doesn’t know how to use computers,” Barber says, her voice piercing the gray curtains that separate her brother from the other patients. “He’s been coming here 15 years.” Smith works the phones to help find an appointment six days later. Barber is grateful but says she believes that if a reporter hadn’t been present, Henry would have had to wait until December for an appointment. Chronic Asthma Twelve blocks southwest, Penny Walton says the Parkway Gardens housing complex is being shortchanged by the university hospital. She says many residents in the low-income, three- and seven-story brown-brick apartments suffer from asthma. Walton, a community organizer trained in asthma education at the University of Illinois, worked for the Grand Boulevard Federation community group teaching Parkway residents how to take medication and kick their cigarette habits. She lost her job in July when the federation, which is unaffiliated with the UHI, cut its budget. When UHI patient advocates sent them to community clinics, patients complained, Walton says. “The university is trying to get away from people with medical cards,” she says, referring to Medicaid. “People without jobs get just as sick as those who are paying and should be treated the same.” Sick Baby Michelle and Barack Obama have themselves benefited from having an emergency room less than a mile from their house. In 2001, they rushed to the university’s ER when their doctor suspected that 4-month-old daughter Sasha had developed meningitis. They stayed in the hospital for three days before Sasha’s health started to improve. “It is that moment which flashes through my head every time we engage in this health insurance conversation,” Michelle said in a speech to women’s groups in Washington in September. “What would have happened to this beautiful little girl if we hadn’t been able to get to a pediatrician who was able to get us to an ER?” After Michelle began working at the hospital in 2002, Sasha was healthy enough to accompany her on tours of neighborhood clinics. ‘Like an Island’ In 2005, Michelle Obama successfully lobbied the U.S. Department of Health and Human Services for a $1.5 million grant that helped the UHI hire additional patient advocates. In 2007, the university also won a $23 million National Institutes of Health grant to study drugs tailored to individual patients. The NIH said Obama’s neighborhood outreach was crucial for translating research into real-world treatments. “We’ve been able to survive like an island,” Obama said in the center’s 2006 annual report . “But now the world is seeping in, and our salvation will be in the success of our partners.” As Michelle Obama took a leave of absence from the hospital job to help her husband’s presidential campaign, the hospital’s finances worsened. During the year ended on June 30, 2008, the hospital earned $194 million on revenue of $1.23 billion from patient care, teaching and research. It spent almost that much — $153.3 million — covering Medicaid and Medicare treatments for which it had not been fully reimbursed, charity care and bad debts, up from $127 million a year earlier. Job Cuts, Protests The burden threatened a planned $700 million expansion , including operating rooms with computers, robots and imaging technology. In February 2009, the hospital cut 600 jobs — one in nine positions. The cuts, which occurred as the Obamas were settling in at the White House, inflamed long-festering tensions on campus. Seventy-six faculty members signed a letter complaining that Madara had abandoned faculty-centered governance in 2006 when he took the CEO post in addition to being dean of biological sciences and the medical school. He controlled 60 percent of the university budget. “The initial decisions to rapidly reduce intensive care and emergency room capacity would have led to patient abandonment,” the letter said. The cuts also threatened the recruitment of top scientists, it said. ‘Get It Right’ Officials acknowledge that mistakes have been made. “Did we implement everything optimally at first?” University of Chicago President Robert Zimmer says. “Probably not. It takes a lot of patience and communication. That’s what we’re trying to do now so we get it right.” Madara resigned from his administrative post in October. “When one piles change upon change, the pushback is just enormous in our health-care system,” he says, declining to comment further. He remains on the faculty. Following the faculty protest, medical center management strengthened UHI by establishing more links to South Side clinics and hospitals. On July 1, the university expanded an affiliation with Mercy Hospital , 3 miles (4.8 kilometers) north. Mercy had a 39 percent occupancy rate in 2007 while university beds overflowed. The medical center assigned doctors to Mercy and increased general medicine beds there to 40 from 14, offsetting a reduction in Hyde Park to 35 from 48. Transplant Surgeon Michael Millis , a Hyde Park organ transplant surgeon, is a UHI supporter. He says that the UHI’s opening of more general- purpose beds at Mercy offered more space to critically ill patients who need the university hospital’s sophisticated care. Millis, 50, speaks with a Tennessee drawl and smiles as he describes patients that he says scare most surgeons. In August, these included 11-month-old Raquel Allen, who received a partial liver transplant from a live donor, and a man whose liver tumor rested against veins leading to his heart. Millis is studying how to grow organs from stem cells, how to harvest them from animals and how to make artificial livers. “If our beds aren’t filled with people who don’t need these services, we can treat patients no other hospital can handle,” he says. The UHI also has the support of Stephanie Comer . Her father, Gary , founded Lands’ End Inc. and contributed $80 million toward a university children’s hospital that opened in 2004. Comer, whose father died in 2006, is paying consultants to help Illinois design Medicaid reimbursements based on the local clinic concept. She’s also a trustee of the university medical center. “Ten years from now, health care on the South Side will be in a better place because of the UHI,” Comer says. Fresh Fruit Whitaker says the UHI can provide valuable research material through a 20-year study of South Side health that will be modeled on a project that revolutionized heart treatment in 1948. By tracking two generations of residents in Framingham, Massachusetts, research showed the importance of lower cholesterol and exercise. In Chicago, the UHI would measure the impact of everything from any health care changes introduced by President Obama to the benefits of having a corner store selling fresh fruit, Whitaker says. “We’ll find out if every diabetic is getting a foot exam, an eye exam, a kidney function test and a hemoglobin A1C test,” he says. “We’ll avoid blindness and amputations and save money.” ‘Lots of Squawking’ Patrick Soon-Shiong , 57, executive chairman of Abraxis BioScience Inc . in Los Angeles, supports the UHI concept because of those research opportunities. He committed $12.5 million to the UHI and may give another $90 million. Through the UHI, South Side patients can benefit from new technology as much as residents of Beverly Hills, California, Soon-Shiong says. He’s starting with digital eye scans to test for diabetes. Even if president Obama signs health care legislation, such bright promises are years away from reality, Yale’s Krumholz says. “No change will be positive for everyone,” he says. “We’re looking at a bridge period with lots of squawking and nobody really sure what’s been accomplished.” The only way to resolve this uncertainty, he says, is to turn to large-scale surveys — such as data gleaned from UHI patients — on which health-care methods work best. The Urban Health Initiative championed by Michelle Obama in Chicago reflects the gap between promise and delivery that’s being played out in Washington. It’s also a reminder that the best of intentions can be hobbled by misunderstandings, inconsistent enforcement and just plain resistance. To contact the reporter on this story: John Lippert in Chicago at jlippert@bloomberg.net

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Denbury to Buy Encore for $4.5 Billion to Add Oil, Gas Production in U.S.

November 1, 2009

By Lester Pimentel and Mark Shenk Nov. 1 (Bloomberg) — Denbury Resources Inc ., a Plano, Texas-based oil and natural-gas producer, said it will purchase Encore Acquisition Co . for about $4.5 billion, including the assumption of debt. Encore stockholders will receive $50 per share for each share of Encore common stock, comprised of $15 in cash and $35 in Denbury common stock, the company said in a press release distributed via Business Wire. Denbury said it would postpone its third-quarter earnings release and conference call because of the acquisition. They are scheduled to occur on Nov. 5, not Nov. 3 as originally planned, according to a separate press release distributed via Business Wire. J.P. Morgan Securities Inc., a division of JPMorgan Chase & Co. , advised Denbury. Barclays Capital Inc., part of Barclays Plc, worked with Encore, according to the release. Trading in bullish options on Encore jumped to a 17-month high last week, before Denbury announced that it would purchase the company. Call trading rose to 3,338 contracts on Oct. 27, the most since May 2008. After U.S. markets closed that day, Encore reported less profit than analysts estimated on average, and the shares plunged 7.1 percent the next day. Denbury is the biggest oil and natural gas operator in Mississippi and has Barnett shale natural-gas assets in Texas, according to the company’s website. Encore has operates oil and natural gas projects in the Rockies, Mid-Continent and Permian basins. The combined company will be known as Denbury Resources Inc. For Related News and Information: Top Stories: TOP

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Pro-Coal Lobby Boss Claims Never To Have Opposed Climate Change Bill (VIDEO)

October 29, 2009

Steve Miller, president and CEO of the American Coalition for Clean Coal Electricity, told a House panel on Thursday that his organization never opposed climate change legislation passed by the House over the summer. “Our organization has never opposed the Waxman-Markey bill,” he said. But a June 26 ACCCE press release clearly states that the “ACCCE cannot support this bill, as it is written, because the legislation still does not adequately protect consumers and the domestic economy or ensure that the American people can continue to enjoy the benefits of affordable, reliable electricity, which has been so important to our nation.” And some are asking : Did this fella just lie to Congress? The ACCCE did not immediately return a call from LobbyBlog. Miller was testifying at a House Energy Independence and Global Warming Committee hearing on forged letters opposing the legislation sent to members of Congress by an ACCCE subcontractor. Committee chairman Ed Markey announced at the top of the hearing that the committee’s investigation had found that even though the forgeries were uncovered days before the vote, the ACCCE did nothing to own up to them. “The Coal Coalition was willing to pay millions to peddle a point of view, but they were unwilling to spend a few cents to call the U.S. Capitol and clear the air,” Markey said. “This point of view was based on scare tactics and misleading figures and had zero to do with educating the public on key issues.” Media Matters pulled the video:

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Hottest Business Topics To Be Presented By GoldenNetworking.com, from Middle East to Buying Banks

October 24, 2009

GoldenNetworking.com hosting Middle East Leaders Forum and first ever Private Equity Leaders Forum 2009, “Buying a Failed Bank: Opportunities and Pitfalls”, in New York City FOR IMMEDIATE RELEASE PRLog (Press Release) – Oct 25, 2009 – Just a few weeks

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Douglas Wilson Companies Continues to Grow With Opening of New Las Vegas Office

October 22, 2009

Press Release) – Oct 22, 2009 – In a move to accommodate its rapidly growing problem resolution and real estate services to clients in the western region, Douglas Wilson Companies (http://douglaswilson.com) has opened a new office in Las Vegas. The

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FirstService to Announce Third Quarter Results on November 3, 2009

October 21, 2009

TORONTO, Oct. 21, 2009 (GLOBE NEWSWIRE) — FirstService Corporation (Nasdaq:FSRV) (TSX:FSV) (TSX:FSV.PR.U) announced today that it will release its financial results for the third quarter ended September 30, 2009 by press release on Tuesday, November 3, 2009, at approximately 7:30 am ET.

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Mohawk Paper Quits Chamber Of Commerce

October 20, 2009

New York-based Mohawk Fine Paper is the latest company to quit the U.S. Chamber of Commerce citing opposition to the business association’s climate change policies. George F. Milner, Mohawk’s Senior VP for Energy, Environmental and Government Affairs, said in a press release that the Chamber should “look beyond ideological divisions” to shape its policy stances. “We believe that our continued membership in an organization that vigorously opposes sensible climate change policies is detrimental to our position as a business leader with a strong record in the areas of environmental innovation and climate protection,” Milner said. Several businesses have made high-profile departures from the chamber, which has aggressively lobbied against both the House and Senate’s climate change legislation. Tech giant Apple left earlier this month — Catherine Novelli, vice president of worldwide government affairs for the company, called the chamber’s climate change policy “frustrating.” And Nike stepped down from the chamber’s board of directors in protest of the business association’s policy but remains a Chamber member.

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U.A.E. Creates Nuclear Regulator, Bans Uranium Enrichment Within Borders

October 4, 2009

By Ayesha Daya Oct. 4 (Bloomberg) — United Arab Emirates President Sheikh Khalifa bin Zayed al-Nahyan issued a federal law establishing a nuclear regulatory body as the Persian Gulf country seeks alternative fuel to meet soaring power demand. The new law prohibits “the development, construction or operation of uranium enrichment or spent fuel reprocessing facilities within the borders of the U.A.E.,” according to a press release issued today. William Travers , formerly a technical advisor at the International Atomic Energy Agency, is the first director- general of the country’s Federal Authority of Nuclear Regulation, the statement said. The board of management for the regulatory body is headed by Ahmed al-Mazroui, it added. The U.A.E. is turning to nuclear power to meet growing electricity demand as the country exports more of its natural gas, constraining domestic supply. The nation will need an additional 4,000 megawatts of power-generation capacity by 2020, Ali Boussaha, a director at the International Atomic Energy Agency, said May 21 in Dubai. The selection of contractors for the $40 billion project to build two reactors by 2017 may be made by the end of the year, Bertrand Castanet, Areva’s corporate vice president for business development, said Sept. 28. French companies Areva, Total SA, GDF Suez SA and Electricite de France SA are competing together for the contracts against groups led by General Electric Co. in the U.S. and Korea Electric Power Corp. President Barack Obama has recommended approval of a nuclear energy cooperation deal between the U.S. and the U.A.E., according to a document released in May. Congress has been given 90 consecutive legislative days to review the so-called 123 agreement . Unless legislation is enacted to block the agreement, it will go into force, allowing U.S. nuclear supply companies to bid for contracts in the nascent U.A.E. nuclear industry. To contact the reporter on this story: Ayesha Daya in Dubai at adaya1@bloomberg.net

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Eating Fish Doesn’t Stave Off Heart Failure, Dutch Research Study Shows

September 30, 2009

By Albertina Torsoli Sept. 30 (Bloomberg) — Eating fish, shown in previous studies to promote heart health, failed to stave off cardiac failure in a study by Dutch researchers. The analysis, which started in 1990 and involved 5,299 men and women over the age of 55 living in a Rotterdam suburb, found no difference in the risk of developing heart failure between those who ate fish and those who didn’t, according to a press release posted on the AlphaGalileo science Web site. The study will be published today in the European Journal of Heart Failure , the release said. “Scientists and health authorities are increasingly persuaded that the intake of fish, even in small amounts, will protect against the risk of fatal myocardial infarction,” or heart attack, study investigator Marianne Geleinjse, from the Wageningen University in the Netherlands, said in the statement. “However, there is no strong evidence that eating fish will protect against heart failure.” Heart failure isn’t a one-time event like a heart attack. It’s a gradual weakening of the heart’s pumping power, leaving sufferers with poor circulation that leads to shortness of breath, painfully swollen legs and fluids that pool in the lungs. About 30 million people in Europe are affected with heart failure, the single biggest reason for acute hospital admission, according to the release. The researchers set out to investigate whether the fatty acids and vitamins found in fish protected consumers against heart failure the way they seem to do against heart attacks. During the 11.4 years of follow-up, 669 of the people monitored developed heart failure, according the release. Individuals had been asked to indicate the frequency, amount and kind of fish they had eaten, either as a hot meal, a sandwich or between meals. Fish consumption in the Netherlands is very low, on average less than one portion a week, the researchers said. A daily fish consumption of more than 20 grams a day, high for the group studied, led to no added protection against heart failure, the researchers said. “Maybe higher intakes are needed for any protection against heart failure,” Geleinjse said. To contact the reporter on this story: Albertina Torsoli in Paris at atorsoli@bloomberg.net

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Citigroup Said to Consider Shrinking North America Banking Branch Network

September 24, 2009

By Bradley Keoun Sept. 24 (Bloomberg) — Citigroup Inc. may sell or shut some of its 1,001 branches in the U.S. and Canada as the bank shrinks following last year’s $45 billion federal bailout, a person familiar with the matter said. Citigroup, ranked third among U.S. lenders by assets, would narrow its North American retail focus to areas where it has higher branch concentrations, said the person, who declined to be identified because the plans are still under discussion. The bank’s network is clustered in New York, California, Miami, Chicago and Washington, D.C., with a smaller presence in Texas, Boston and Philadelphia. Chief Executive Officer Vikram Pandit and his U.S. consumer chief, Teresa “Terri” Dial, have been studying ways to collect more deposits, which have become prized by banks as a source of funding after the global credit crunch drove up the cost of selling debt. The New York-based company’s network is one-sixth the size of those at Wells Fargo & Co. and Bank of America Corp. “We’re on a very significant journey to make it simpler, more rewarding, and highly transparent to bank with us,” Citigroup spokesman Michael Hanretta said in an e-mailed statement. “We have a great deal to do.” In January, when Pandit announced he planned to sell or shut “non-core” businesses including brokerage and consumer finance, he included retail banking among the ones he wants to keep. The others are investment banking, trading, corporate banking and transaction-processing. The bank’s deliberations about Citigroup’s branches were reported earlier by the Wall Street Journal. TARP Conversion Citigroup executives have acknowledged that buying a large bank-branch network may be out of the question until the company can return to profitability and pay back the U.S. bailout money. The government recently converted $25 billion of the bailout funds into a 34 percent stake in Citigroup. Wells Fargo and Bank of America have more than 6,000 domestic branches each, and at least three times Citigroup’s U.S. retail deposits. Bank of America is the biggest U.S. lender measured by assets and deposits. Pandit tried to bolster his bank’s deposits last year by buying the failing bank Wachovia Corp., only to have the bid trumped by San Francisco-based Wells Fargo. As of June 30, Citigroup had $135.7 billion of retail-banking deposits in the U.S. and Canada. In February, Citigroup started a series of meetings to conceive a so-called Bank of the Future offering rejuvenated Internet and cell-phone portals alongside branches, people familiar with the matter said earlier this month. Citigroup hired 37-year-old Michelle Peluso , who helped modernize airline reservations as CEO of Travelocity.com , to lead the sessions. Wells Fargo Peluso reports to Dial, 59, a former Wells Fargo executive hired by Pandit in March 2008 to run the U.S. consumer division. The unit had $1.76 billion of revenue in the second quarter, down 17 percent from a year earlier. Citigroup said in a press release yesterday it will extend weekday and Saturday hours at branches in Manhattan, and the bank promised to make customers a priority. The company said it also started an online discussion board for customers to post comments and questions. In 1997, under then-CEO John Reed , the bank unveiled a short-lived plan to do away with branches wherever possible by pushing more customers to personal computers, telephones and automated teller machines, a technology that Reed helped proliferate. To contact the reporter on this story: Bradley Keoun in New York at bkeoun@bloomberg.net .

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Van der Moolen Holding N.V.: Bankruptcy

September 22, 2009

AMSTERDAM, NETHERLANDS–(Marketwire – September 22, 2009) – Today, the Court in Amsterdam has reached the status of bankruptcy of Van der Moolen Effectenspecialist BV, Curvalue II BV en Curvalue III BV, these entities are subsidiaries of Van der Moolen Holding N.V. Mr. Schaink and mr. Gelderloos are appointed as receivers. Disclaimer: This press release contains forward-looking statements. All statements regarding our future financial condition, results of operations and business strategy, plans and objectives are forward-looking. Statements containing the words “anticipate,” “believe,” “intend,” “estimate,” “expect,” “hope,” and words of similar meaning are forward-looking. In particular, the following are forward-looking in nature: statements with regard to strategy and management objectives; pending or potential acquisitions; pending or potential litigation and government investigations, including litigation and investigations concerning specialist trading in the

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Reality NOT on TV – Banks Make Money on Foreclosures | Stop House …

September 15, 2009

OneWest issued a press release at the sale , stating they would continue to pursue the FDIC’s loan modification and short sale strategy. How long do you think that lasted? Try calling IndyMac now for either and see how far you get. …

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Karzai Leads Afghan Vote as Commission Probes Election-Fraud Complaints

September 2, 2009

By James Rupert Sept. 3 (Bloomberg) — Afghan President Hamid Karzai closed in on the 50 percent of votes he must surpass to win re- election, as a commission said it is investigating hundreds of fraud complaints that may influence the outcome. With 60 percent of ballots counted in the two weeks since polling day, Karzai widened his lead to 47.3 percent of the vote, from 46 percent on Aug. 28, the government election authority said yesterday . Karzai’s main rival, Abdullah Abdullah , at 32.6 percent, is among Afghans saying the president’s supporters stuffed ballot boxes in his favor. The UN-backed Electoral Complaints Commission is working overtime to process more than 2,600 reports of fraud, its spokesman, Ahmad Muslim Khuram, said by phone from Kabul yesterday. More than 650 of the complaints were serious enough to “have a material effect on the results,” he said. Reports of fraud are dimming U.S. hopes that the election will strengthen Afghanistan’s democracy and its government for the battle against Taliban guerrillas, said Marvin Weinbaum , a South Asia specialist at the Middle East Institute in Washington who served as an election observer, in comments via e-mail. “There is a process in place to evaluate these and analyze these allegations of fraud,” Ian Kelly , a State Department spokesman, told reporters on Aug. 31. “We need to be patient before we pronounce one way or another whether or not these elections are legitimate.” ‘New Excitement’ Karzai’s campaign has denied taking part in any fraud and his allies say the vote is the success that the U.S. and its allies hoped for. “The election breathed new excitement into Afghan politics,” Jawed Ludin, Afghanistan’s ambassador to Canada, wrote in the Toronto Star yesterday. The Taliban underscored their strength in Afghanistan with a suicide bombing yesterday in the eastern town of Mehtarlam that killed Deputy Intelligence Chief Abdullah Laghmani and 21 others, according to Karzai’s office. The rivalry between Karzai, an ethnic Pashtun from the south, and Abdullah, whose support is rooted among non-Pashtun northerners, risks reviving Afghanistan’s most historically troublesome ethnic divide. Karzai faces a runoff against Abdullah if he fails to win a majority in the vote count. Among accounts of election fraud, local tribal leaders and an election official said Karzai’s campaign and police officers seized and stuffed ballot boxes in Shorabak, a rural district in southern Kandahar province, the New York Times reported yesterday. Ballot boxes from areas where Taliban threats kept turnout as low as 10 percent arrived with votes for Karzai representing as much as 45 percent of the electorate, according to Abdullah’s campaign. Investigators Dispatched The complaints commission has twice sent investigators to Kandahar, Karzai’s home province, it said in a press release yesterday. The commission is headed by Grant Kippen , a Canadian elections specialist and onetime aide to former Canadian Prime Minister Pierre Trudeau . The commission, which independent election monitors have said is critical to hopes for a credible election, had only four months to prepare its 270 staffers to scrutinize the vote count from more than 6,000 polling stations nationwide. “Our commission has hired about 70 extra people, and we are working in two shifts” interviewing polling officials and otherwise investigating the fraud complaints, said Khuram, the commission spokesman. The five-member commission is composed of Kippen and two other foreigners appointed by the UN, with two Afghans named by the country’s Supreme Court and its Human Rights Commission. “The commissioners are working from early morning until late in the night, and our staff is working long hours in spite of Ramadan,” the Muslim month of daytime fasting, said Khuram. “The work load is heavy, but the responsibility we have is very huge.” To contact the reporter on this story: James Rupert in New Delhi at jrupert3@bloomberg.net

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Ward McCarthy Joins Jefferies & Co. as Its First Chief Financial Economist

September 1, 2009

By Liz Capo McCormick Sept. 1 (Bloomberg) — Jefferies & Co., one of the 18 primary dealers that trade directly with the Federal Reserve, said Ward McCarthy joined as the firm’s first chief financial economist and managing director in fixed income. McCarthy, 58, started Stone & McCarthy Research Associates in Skillman, New Jersey, in 1989 with economist Ray Stone after the two left Merrill Lynch & Co. The New York-based Jefferies, once known mainly for advising midsized companies and trading shares, was named in June by the New York Fed to the network of securities firms that underwrite the U.S. government’s debt. Jefferies made the announcement in a press release distributed today on Business Wire. McCarthy will report to Christopher Bury and Daniel Markaity , co-heads of the Jefferies’ fixed-income rates business in New York. During a career of more than 25 years, McCarthy refined study of the dynamics of the U.S. government debt market, including changes in yield spreads, federal debt financing projections, Treasury Inflation Protected Securities trends and political implications. In 1991, he started Stone & McCarthy’s U.S. Portfolio Manager Survey, which compiles and analyzes changes in funds’ aggregate investment holdings. Xinhua Finance Ltd., a financial news organization, bought Stone & McCarthy in July 2004 as it expanded its overseas presence. Bloomberg LP, the parent company of Bloomberg News, competes with Xinhua in providing news and information to the financial services industry. Richmond Fed McCarthy earned a bachelor’s degree from the University of Massachusetts in Amherst and a doctorate in economics at Rutgers University. He was a senior economist at the Richmond Fed before working at Merrill Lynch as chief financial economist and manager of government debt research. Stone, who was director of fixed income and economic research at Merrill Lynch, will remain at the firm he co-founded with McCarthy. Primary dealers serve as counterparties in open-market operations, the central bank’s mechanism for maintaining its target rate for overnight loans between banks. These dealers are also expected to bid or offer securities when the Treasury sells or buys bills, notes and bonds. The designation of primary dealer has been coveted by some firms because central banks and certain pension and endowment funds will only do business with operations that have it. McCarthy, who is married with three children, will be joined at Jefferies by Tom Simons , a former colleague and economist at Stone & McCarthy. Simons will be a vice president in fixed income and a money market economist at Jefferies. Jefferies & Co. is the principal operating subsidiary of New York-based Jefferies Group Inc. Stone & McCarthy Research offers economic, market and industry research with economists and analysts at offices in Skillman, London, Sydney and Beijing. Stone & McCarthy’s reports are carried on the Bloomberg Professional terminal and on the Internet. To contact the reporter on this story: Liz Capo McCormick in New York at emccormick7@bloomberg.net

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Soho House Plans `Urban’ Pizza Buzz, Lawyers Make Yogurt: Richard Vines

August 27, 2009

By Richard Vines Aug. 27 (Bloomberg) — Soho House Group plans to open a pizzeria on Oct. 15 on the ground floor of the Tea Building, a stone’s throw from Shoreditch House in East London. “Pizza East will offer gourmet cuisine in a relaxed and urban environment,” according to a job advertisement on Caterer.com . No, I have no idea what that means. “The atmosphere will be buzzing and cosmopolitan with a strong emphasis on quality service.” Well, that’s all right then. Soho House , whose clubs are hangouts for the cool and those who want to be, has also taken over the Hoxton Grill, in the nearby Hoxton hotel . The eatery was confusing when it opened in 2006, promising Parisian chic with a New York vibe. The new owners say they’ve turned it into a classic American grill. The hotel’s official name? The Hoxton Urban Lodge. Respect. “When Lehman Brothers collapsed, we were all privately crying in our offices,” the chef Richard Corrigan told me in February. Looks like the tears have been replaced by action. Corrigan is among the London culinary masters who are giving cooking lessons to eager amateurs. At Corrigan’s Mayfair, you prepare lunch with the chef and his right-hand man Chris McGowan, then eat with them. The sessions cost 250 pounds ($412) and are scheduled for Sept. 5, Nov. 28 and Feb. 6. Details on the Web site: http://www.corrigansmayfair.com/pages/home/ . Tom Aikens is offering similar food and wine classes at his eponymous Chelsea restaurant. Food alone is 120 pounds; wine alone is 60 pounds; combined, the cost is 165 pounds. Dates include Sept. 19, Oct. 17, Nov. 14 and Dec. 12. For more, e-mail info@tomaikens.co.uk or call +44-20-7584-2003. Restaurant Gordon Ramsay offers a package for couples, with one person taking a class with chef Clare Smyth and then both enjoying lunch. The cost might give you indigestion. It’s 600 pounds. For more information, go to http://www.gordonramsay.com/royalhospitalroad/masterclasses/ . Other chefs offering classes include Ichiro Kubota of Umu. The price is 140 pounds. Call +44-20-7499-8881. It’s the same price with Antonin Bonnet at the Greenhouse. Call Jean-Marie Miorada on +44-20-7499-3331 or e-mail reservations@greenhouserestaurant.co.uk . Walk through London’s Marylebone and you may notice a new Italian eatery that is opening with little publicity. Cocorino will sell ice creams and snacks. The focacceria has soup, stuffed focaccia, ciabatta, sourdough, thin Italian wraps (piadina) and hot panini. The gelateria is still testing the more than 20 ice creams and sorbets to be made on the premises. The people behind Cocorino are Linda Yau (sister of Hakkasan founder Alan Yau) and the chef Francesco Mazzei. The address is 18, Thayer Street, W1U 3JY and the phone number will be +44-20- 7935-0810 or you might try http://www.cocorino.co.uk/html/cocorino.html . Lower East Side, a new bistro and bar at Westferry Circus, Canary Wharf, has opened with an offer of 50 percent off the food bill. At least, the restaurant said food is half-price until Sept. 20 and the public relations company said that’s only for some local companies. The venue will start opening early for breakfast on Sept. 1. For information, call +44-20-7536-2862 or click http://www.lowereast.co.uk/index.html . Try not to get confused with the East Side Inn. What’s with all these New York names? I had lunch on Sunday with Hrishikesh Desai, the winner of this year’s Roux Scholarship , the annual U.K. competition for young chefs, on which I was guest judge. We ate at the Ledbury, where Brett Graham’s cooking is much admired by fellow chefs. Desai works at Lucknam Park , in the west of England. Desai, whose family lives in Chinchwad, near Pune in India, is quietly spoken and very focused. He’s a chef to watch in the years to come. He’s 30 today. Looking for an offbeat place for drinks on the edge of the City? Callooh Callay is worth the trip to Shoreditch. The venue is inspired by Lewis Carroll , the director is Richard Wynne (former manager of Loungelover) and the decor is a fantastic jumble. You enter the bar area out back through a wardrobe. My favorite touch is the old gramophone (with a big speaker) in which the Mad Hatter’s Tiki Punch is served. It costs 30 pounds and should serve up to five. Or two thirsty people, I’d say. 65 Rivington Street, EC2A 3AY. For more information, call +44-20- 7739-4781 or go to http://www.calloohcallaybar.com/. Tickets are on sale for the Eat-Japan Sushi Awards 2009, in which masters compete to create unforgettable dishes. This year, the event will be held at Olympia on Nov. 14 in conjunction with “Masterchef Live.” For more information, click on http://www.eat-japan.com/sushi-awards-2009/index.html . Heinz Beck, 45, who holds three Michelin stars at La Pergola in Rome, will oversee Apsleys, at London’s Lanesborough hotel, early next month. The pithily named “Apsleys — a Heinz Beck Restaurant” will feature dishes such as rabbit ravioli with asparagus and pistachio; and black cod with chickpeas. Mains will start at 19 pounds and the set lunch will be 26 pounds. For information, call +44-20-7259-5599 or click on http://www.lanesborough.com/ . The press release says the Lanesborough is iconic, which must be a good thing. Fans of organic frozen yogurt, and I’m sure there are some of you out there, may be pleased to hear about a venue on Islington’s Camden Passage. “Frae is the brainchild of Scottish businessmen Donald Murray and Martyn Pollock, who traded in life as high-flying corporate lawyers in the City to open the organic frozen yogurt company,” the press release says. Both specialized in mergers and acquisitions — Murray at CMS Cameron McKenna LLP and Pollock at SJ Berwin LLP. Frae, 27 Camden Passage, Angel, N1 8EA or click on http://www.frae.co.uk/Frae_Organic_Frozen_Yogurt.html . The Mango Tree restaurant is holding its annual Lady Boy beauty contest on Sept. 13. Tickets are 15 pounds in advance, 18 pounds on the door. For information, call +44-20-7283 1888. ( Richard Vines is the chief food critic for Bloomberg News. Opinions expressed are his own.) To contact the writer on the story: Richard Vines in London at rvines@bloomberg.net .

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House Votes to Strengthen Anti-Deficit Budget Rules as Sought by Obama

July 22, 2009

By Brian Faler July 22 (Bloomberg) — The U.S. House voted to toughen its often-ignored budget rules that require lawmakers to offset any new spending initiatives and tax cuts with savings to avoid adding to the federal deficit.

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debtx announces more than $1 billion in loan sales – pr newswire …

October 31, 2008

debtx announces more than $1 billion in loan sales pr newswire (press release), ny – 15 minutes ago 19, debtx will sell the first tranche of $518 million in non- performing commercial real estate (cre) loans in michigan. …

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