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WASHINGTON — The architect of the House Republican plan for overhauling Medicare says presidential candidate Newt Gingrich’s critical description of the proposal was deeply inaccurate and a gross mischaracterization. Last week Gingrich called Rep. Paul Ryan’s (R-Wis.) Medicare proposal “right-wing social engineering.” “What you want to have is a system where people voluntarily migrate to better outcomes, better solutions, better options, not one where you suddenly impose it,” he said. “I am against Obamacare imposing radical change, and I would be against a conservative imposing radical change.” Gingrich took his words back a few days later after he was criticized by conservatives. “I made a mistake and I called Paul Ryan today, who’s a very close personal friend — and I said that,” said the presidential candidate during an appearance on Fox News. “The fact is that I have supported what Ryan’s trying to do on the budget … the budget vote is one that I am happy to say I would have voted for, I will defend, and I will answer any Democrat who attempts to distort what I said.” Gingrich also called Ryan to apologize. Ryan played down the flap when asked about it on NBC’s “Meet the Press” and played up his proposal. It essentially calls for a voucher system to help older people buy insurance in the future. Many Democrats have rejected the proposal, and some Republicans have been wary of endorsing it. Ryan says it’s time to move beyond the Gingrich comments and focus on dealing with the nation’s fiscal problems.

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Paul Ryan: Newt Gingrich ‘Inaccurate’ On Medicare Plan

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Fallout from Fed Press Conference, U.S. Dollar Slips Broadly Lower

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Fallout from Fed Press Conference, U.S. Dollar Slips Broadly Lower

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Bernanke Speaks at the First Ever Fed Press Conference, but Nothing New

April 27, 2011

Bernanke Speaks at the First Ever Fed Press Conference, but Nothing New

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Gemma Godfrey: Libya — Oil, Water, Gold Are the Real Issues

April 15, 2011

The oil price has skyrocketed over the past few months. The finger has been pointed at the troubles in Libya and claims of supply disruptions have dominated the press. However, are these claims grounded in fact or are we watching yet another sentiment driven bubble? What are the issues we should be aware of and how should we best invest in the face of such turmoil? Expectations are often more damaging than reality Libya’s contribution to global oil production is in stark contrast to the column inches it has been awarded in the press. As quoted by the National Journal, the country produces around 2% of the world’s oil. OPEC (Organization of the Petroleum Exporting Countries) has claimed that they have managed to “accommodate most of the shortfall” and instead attribute the rise in the oil price to fears of a shortage rather than any genuine supply issues . Oil reached a 2.5 year high last Friday . This is against a flattish demand side dynamic. Paris-based International Energy Agency and the U.S. government’s Energy Information Administration left fuel demand growth for this year unchanged and OPEC only raised their forecast by a relatively small amount ( to 87.9m b/d from 87.8m b/d ) . EU Sanction: A further boost for the oil bulls On Tuesday, the EU extended sanctions against Libya to include energy companies, freezing assets in an attempt to force leader Muammar Gaddafi to relinquish power. Phrased another way, by the German Foreign Minister, this is a ” de facto embargo on oil and gas ” . Approximately 85% of exports are for delivery to Europe and importers will now have the task of finding potentially more distant and/or expensive alternative sources. The pent-up downside risk Nevertheless, many are not paying attention to the downside risk to the oil price as we move forward. Libya has Africa’s largest proven oil reserves but 75% of the country’s petrol needs are met with imports because of limited refinery capacity . Any improvement on this front, if a regime change is eventually secured, could therefore significantly reduce imports and boost global supplies. Is water the next oil? In addition to oil reserves, one asset belonging to the Libyan government which is rarely mentioned is an ability to bring water to the desert. With the largest and most expensive irrigation project in history, the $33bn GMMR (Great Man-Made River) project, Libya is able to provide 70% of the population with water for drinking and irrigation . The United Nations estimates that by 2050 more than two billion people in 48 countries will lack sufficient water , making this an enviable asset indeed . How can the US pay for the Libya intervention? It is interesting to note, with all the claims being made that the intervention is oil motivated that, Libya has another form of ‘liquidity’. According to the International Monetary Fund (IMF), the country’s central bank has nearly 144 tonnes of gold in its vaults … How to best invest: Retain context The tide is starting to turn, Goldman Sachs has called the top for commodities in the near-term and oil fell by 4.5% on Monday and Tuesday alone (Source Bloomberg) . With this amount of volatility, short term noise can sometimes overwhelm. For a long term investor, looking for steady and stable returns, an ability to cut through the sentiment (whilst acknowledging it’s importance in driving returns in the shorter term) is valuable. Often many factors are at play and it will ‘pay dividends’ to be well-informed as they become wider known and priced in by the markets. Knowledge may be king but preparation will come up trumps .

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Trichet Interest Rates Press Conference

April 7, 2011

Trichet Interest Rates Press Conference

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Video: Kelsey Sees Higher Wireless Rates After T-Mobile Deal

March 21, 2011

March 21 (Bloomberg) — Joel Kelsey, a policy analyst with Free Press, talks about AT&T Inc.’s agreement to buy T-Mobile USA from Deutsche Telekom AG for $39 billion in cash and stock to create America’s largest mobile-phone company. He speaks with Matt Miller and Carol Massar on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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U.S. Considering Tapping Oil Reserves As Gas Prices Rise

March 6, 2011

WASHINGTON — President Barack Obama’s chief of staff says the administration is looking at the nation’s oil reserves as it considers options for dealing with the spike in gas prices. The price of a barrel of oil has passed $100. In the U.S., gasoline is averaging $3.50 a gallon. Those increases come amid unrest in the oil-producing Middle East, particularly as rebellion rages in Libya. “We’re looking at the options,” including drawing on the Strategic Petroleum Reserve, William Daley said. “It is something that only is done – and has been done – in very rare occasions. There’s a bunch of factors that have to be looked at. And it is just not the price.” He told NBC’s “Meet the Press” that “all matters have to be on the table when … you see the difficulty coming out of this economic crisis we’re in and the fragility of it.” The reserve contains 727 million barrels of oil. ___ Online: Strategic Petroleum Reserve: http://tinyurl.com/6h3h5v5

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Tony Hsieh: Zappos CEO: In Your Next Speech, Just Wing It

February 18, 2011

Excerpted from #1 NY Times Bestseller Delivering Happiness by Zappos CEO Tony Hsieh In the two years leading up to the announcement of the Amazon acquisition, Zappos started getting more and more media coverage. A lot of people assumed that we must have stepped up our PR efforts, but that wasn’t the case at all. We simply continued doing what we had always done: constantly improving the customer experience while simultaneously strengthening our culture. The funny thing is that a lot of the press we got was for things we had first done several years earlier, such as paying employees to quit during their new hire training or occasionally sending flowers to customers. We didn’t intend for any of the things we were doing to end up in the news or on blogs. But every once in a while, a reporter or popular blogger would pick up on something that we were doing, and the story would spread like wildfire. We were as surprised as anyone else by the publicity because it was never planned for on our end. We learned a great lesson: If you just focus on making sure that your product or service continually wows people, eventually the press will find out about it. You don’t need to put a lot of effort into reaching out to the press if your company naturally creates interesting stories as a by-product of delivering a great product or experience. As our media coverage increased, I started receiving more and more speaking requests for different conferences and industry events. One of my first speeches was at the Footwear News CEO Summit in 2005. I remember I was a nervous wreck, because I hadn’t really done much public speaking before. At the time, I agreed to do it because it would be a good opportunity to tell the Zappos story to a lot of footwear vendors we were still trying to establish relationships with. I wrote out my entire speech beforehand, and then spent a month memorizing it and rehearsing it. I couldn’t sleep the night before my speech. It ended up going okay, and I was relieved when it was finally over so I could catch up on my sleep. Even though I didn’t really enjoy the whole experience, it had a very positive impact on our business, so I was glad I had done it. Over the next year, a few more speaking requests started trickling in. I agreed to all of the with a feeling of dread, but I knew they would help build our business and our brand. I also thought that, as uncomfortable as I was with doing them, they were opportunities for me to grow both personally and professionally. Like anything else in life, I figured that public speaking was just a skill that required practice on a regular basis. Each speech I gave was just another practice session. During my first year of public speaking, I was diligent about writing out my speeches beforehand and memorizing them. It took a lot of time to do, and I would never sleep well the night before my talks. Sometimes, while giving the speech, I would accidentally skip over or forget a sentence or an entire paragraph, which would leave me temporarily flustered on stage as I racked my brain trying to remember the lines I had practiced the night before. With each speech, I found myself slowly improving. But I still didn’t enjoy the actual speaking itself. Even though my speaking was helping build the Zappos brand, I thought that maybe I just wasn’t meant to be a public speaker because I was so uncomfortable with the process, even after having done it for a year. And then one day, I had an epiphany. I realized that nobody knew what I had written down beforehand. Nobody would ever know if I skipped a sentence, a paragraph, or even an entire section. I had also noticed that while people appreciated the content of my speeches, they generally commented about two things afterward. They told me they really enjoyed the personal stories, and they said that, even though many of them had already read about Zappos in the press, it made a huge difference to actually hear it come from me. They told me they could really feel my passion for company culture, customer service, and Zappos in general. So, for my next speech, I tried a completely different approach. I decided not to memorize or rehearse anything. I would just wing it and see what happened. I knew I had a lot of stories I could choose from on the fly to tell, and I knew that as long as I stuck to topics I was passionate and knowledgeable about — customer service and company culture — that I would have plenty of material to draw from to fill the time. When I finally got on stage, I still had some jitters for the first minute or two as I adjusted to the audience and the room. After that, the time just flew by. The audience was more engaged than they had been in my previous talks. I even managed to get some unexpected laughs from moments in my stories when I was just trying to tell a story instead of trying to recite lines from a script I’d written. I would later learn that I had achieved the state of flow . In his book by the same name, researcher Mihaly Csikszentmihalyi describes flow as a type of happiness, in which someone loses sense of time, self-consciousness, and even self. That’s exactly what happened to me. From that point forward, I used the same formula for all of my speeches and found that most of the rest of the stuff that I used to worry about usually just fell into place. I just went by three basic rules for my talks: 1. Be passionate. 2. Tell personal stories. 3. Be real. I made the mistake once of agreeing to speak at a conference about a topic that I wasn’t actually passionate about. Even though I knew all the content inside and out, I wasn’t able to speak passionately, so my performance turned out to be only okay. But it was a good learning experience. Today, whenever I’m invited to speak somewhere, I let them know that I will only speak about certain subjects, which may or may not match the overall theme of the conference. I then leave it up to the conference organizers to decide whether they are okay with that or not. Usually they are fine with it, but occasionally not. In those instances, no matter how much money the conference is offering to pay Zappos and no matter how good an opportunity it would be for Zappos to be exposed to that audience, I always do the same thing. I politely decline.

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WATCH LIVE: Obama Holds White House Press Conference

February 15, 2011

President Obama will hold a press conference at 11:00 AM ET. The president is expected to discuss his budget , which the White House unveiled yesterday. Scroll down for live video and updates from the press conference. UPDATE: The press conference has ended. Click here for more.

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Wendell Potter: The Insurers’ Real Agenda for Change

February 12, 2011

The media had lots of health care news to obsess about last week. A federal judge ruled the health care reform law unconstitutional, and Senate Republicans tried in vain to repeal the law. But most of the press paid virtually no attention to a potentially much more important development — a multi-pronged effort by five major insurers to strip from the law key regulations and consumer protections that aren’t to their liking. The insurers do not want the bill repealed or declared unconstitutional. Congress gave them exactly what they wanted by including in the legislation a requirement that all Americans not eligible for Medicare or Medicaid buy coverage from a private insurance company. That provision alone will result in hundreds of billions of dollars in revenue and profits the insurers otherwise would never see. Officially, the insurers are maintaining neutrality on the court challenges to the law and the repeal efforts. They understand that Republican attorneys general who filed the lawsuits and the Congressional Republicans who voted to repeal the law — most of whom received campaign contributions from the insurers’ political action committees — must go through the motions to satisfy “the base.” The court challenges and repeal efforts are, in reality, a useful smokescreen for the big insurers, whose real agenda is to gut the law while preserving the mandate. Expect a big lobbying and PR campaign — financed by our insurance premiums — to persuade us that the new regulations and consumer protections will make those premiums skyrocket. The story much of the press missed was the revelation that the CEOs and lobbyists for the five biggest for-profits — UnitedHealth, WellPoint, Aetna, CIGNA and Humana — have been meeting frequently to plot their attack on the law. Bloomberg’s Drew Armstrong reported that three committees formed by the group have been meeting almost weekly. While Armstrong didn’t indicate what those committees are doing, I can speculate from previous experience as an insurance company executive that the committees are developing strategies in these areas: lobbying, strategic communications the formation of alliances with other political and business groups and the creation of fake grassroots, or “Astroturf” organizations. Bloomberg and the the National Journal also reported that the for-profits have solicited proposals from three big PR firms that have done extensive work for the industry: APCO WorldWide, Weber Shandwick and Public Strategies. It sounds familiar. While I was serving as head of corporation communications at CIGNA, I hired APCO and Weber Shandwick to help direct similar efforts and to enhance CIGNA’s reputation. The for-profits reportedly formed the new coalition — as yet unnamed — because they were upset that America’s Health Insurance Plans (AHIP), their umbrella trade association, had been unsuccessful in keeping the new regulations and consumer protections out of the law in the first place. So they’re going back to a familiar and successful playbook. Over the past two decades, the big insurers have formed such coalitions to defeat reform initiatives or to persuade the public and lawmakers to see things their way. When the Clinton reform plan was being debated in 1993 and 1994, Aetna, CIGNA, Prudential and United formed the Alliance for Managed Care (AMC) to argue for a “market-based” solution — managed competition, as it came to be called — as an alternative to broader government involvement in health care. The AMC described itself as “a private-sector approach to health care system reform that uses the marketplace and the power of informed consumer choices to achieve better coverage, while improving quality and cutting costs.” The AMC later joined a broader coalition that included the U.S. Chamber of Commerce and the National Association of Manufacturers to defeat the Clinton plan. A few years later, within weeks of being named as defendants in two massive class-action lawsuits, the for-profits formed a new group, America’s Health Insurers (AHI), designed to redirect scrutiny away from them and toward the trial lawyers behind the suits. Attorney Richard “Dickie” Scruggs alone cost the companies billions of dollars in market capitalization when the Wall Street Journal reported on Sept. 31, 1999, that Scruggs was planning to file charges against the insurance firms. On that day, stock prices of Aetna and United alone had plunged nearly 20 percent by the time the closing bell rang at the New York Stock Exchange. I was CIGNA’s main representative to America’s Health Insurers. My counterparts from other big insurers and I met secretly in hotel conference rooms in Washington and elsewhere with APCO to plan the PR strategy. The idea was to “reframe the debate” — shift attention away from the reasons the insurers were being sued — onerous policies and cheating doctors out of payments — and toward those trial lawyers who were getting filthy rich filing “frivolous” lawsuits. The lawyers — not the insurers — were the real villains. APCO reactivated the front group it had created for the tobacco industry — the Coalition Against Lawsuit Abuse — to generate letters-to-the editor and op-ed pieces in cities where the lawsuits had been filed – particularly Miami, where suits were eventually consolidated. The intent was to influence both the federal judges and potential jurors. (The suits were ultimately settled, with the defendants agreeing to change many of their practices and to pay the plaintiffs hundreds of millions of dollars.) I was also CIGNA’s representative to yet another organization — the Coalition for Affordable Quality Healthcare (CAQH) — that the big insurers created later. We mounted a huge PR and advertising campaign designed to restore Americans’ faith in managed care, which had taken a beating in the press for such well-publicized practices as “drive-through mastectomies” and “drive-though deliveries.” So this new grouping is just the latest variant on an oft-used tactic to influence public opinion and public policy. This time, however, the stakes are even higher, for both the insurers and for consumers. What don’t the companies like? Well, for starters, the rules that now require insurance firms to devote at least 80 percent of what we pay in premiums for actual medical care. But their sights are also on other provisions of the law that might impair profits. AHIP spokesman Robert Zirklebach provided a glimpse of what insurers really want when he told a reporter last week that industry lobbyists have embarked on a campaign to “educate” members of Congress about ‘flaws’ in the law. For instance, the industry will be trying to persuade lawmakers that young people, many of whom are being charged too much already, will see their premiums go sky high. How do you fix that? The insurers, of course, have an answer: get rid of the requirement that insurers can only sell policies that meet minimum benefit requirements and jettison the prohibition against charging older Americans any more than three times as much as young people. They want to charge them five to ten times as much. If the latest coalition of big for-profit insurance firms meets its objectives, many of us will eventually be convinced — through sophisticated, behind-the-scenes PR campaigns — that those protections are not in our best interests after all. If those campaigns help the big insurers eliminate such protections, that would be ideal for their bottom lines — but devastating for consumers. This also appeared on the Center for Public Integrity ‘s website.

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Odyssey Petroleum Corp.: Corporate Update

February 10, 2011

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

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Odyssey Petroleum Corp.: Corporate Update

February 10, 2011

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

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WikiLeaks Bank Of America Documents A Snore?

February 9, 2011

LONDON: The bombshell that WikiLeaks founder Julian Assange has said could “take down a bank or two” may in fact be something of a dud. Assange has said privately he does not know if his cache of internal Bank of America (BAC.N) data, whose public release he has suggested might be imminent, contains any big news or scandal, according to three people familiar with the WikiLeaks leader’s private discussions about the material. They said that Assange said it consists of e-mails from the hard-drive of a Bank of America executive’s computer and that the latest messages are dated sometime in 2006. The sources said that Assange privately acknowledged the material was not self-explanatory and that he personally was unable to make much sense of it. Assange indicated it would require a substantial amount of effort by financial experts to determine whether any of the material was newsworthy, according to the sources. Assange’s private characterizations of the Bank of America material as being dated and difficult to interpret contrasts with inflammatory public statements he has made — some as recently as last month — touting the significance of bank-related materials WikiLeaks has been planning to publish. A person who works with Assange did not respond to an emailed request for comment. In an interview in November with Forbes, Assange said WikiLeaks planned early in 2011 to release “either tens or hundreds of thousands of documents depending on how you define it” from a cache of material the website had received from an unnamed American bank. Assange said the material would highlight “some flagrant violations, unethical practices” and added that it could “take down a bank or two.” In the Forbes interview, Assange wouldn’t identify which U.S. bank the material came from. In an interview last month with U.S. television program “60 Minutes,” Assange again declined to identify which bank his cache of data came from, claiming to the CBS newsmagazine: “There’ll be a process of elimination if we denied some and admitted others… I think it’s great. We have all these banks squirming, thinking maybe it’s them.” But in an interview with Computerworld magazine in October, 2009, he said “We are sitting on 5GB from Bank of America, one of the executive’s hard drives.” The contrast between the schadenfreude with which he has talked about the bank documentation in public and the caution with which he has described the material in private may provide fresh ammunition to opponents of Assange, who have accused him of hyping revelations and promoting conspiracy theories for personal and political gain. His critics include former WikiLeaks collaborators, who allege Assange has sought to dominate WikiLeaks by fostering a cult of personality. Assange and WikiLeaks have become international media phenomena because he has delivered on some of his claims — particularly through WikiLeaks’ acquisition and publication of thousands of classified U.S. government reports about diplomatic machinations and the wars in Iraq and Afghanistan. WikiLeaks critics have also accused Assange of exaggerating the importance of the leaked official documents, and some internal U.S. government assessments of the impact of WikiLeaks’ publication of American government secrets have suggested that long-term damage to U.S. interests and foreign policy are likely to be limited. Some former WikiLeaks collaborators who split away from the website due to what they regarded as Assange’s erratic and imperious behavior said that over the last year, he had lost interest in publishing financial secrets which had flowed into the website and was much more enthusiastic about publishing material which would irritate or damage the U.S. government. Last month, Assange appeared at a London press conference where Rudolf Elmer, former head of a private Swiss bank’s operations in the Cayman Islands, handed over what purported to be two discs containing documentation of alleged offshore tax abuses by wealthy business people. The day after the press conference, Elmer pleaded guilty in a Zurich court to violating Swiss laws on bank secrecy, and was released without a custodial sentence. Hours after the court hearing, Elmer’s house was raided by Swiss authorities and he was taken away and detained. (Editing by Claudia Parsons and Jim Impoco) Copyright 2010 Thomson Reuters. Click for Restrictions .

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

February 5, 2011

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

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Richard (RJ) Eskow: What If Ben Bernanke Was Hosting Our Super Bowl Party Instead of My Friend Pete?

February 4, 2011

Federal Reserve Chairman Ben Bernanke held a press conference today, and my friend Pete is holding a Super Bowl party this Sunday. This is the second year in a row that two pre-expansion teams will go head-to-head, which means their names would’ve been familiar to people back in the 1950′s when I was a little kid in Utica, NY. If you had tried to tell the old Italian and Irish and Polish and other ethnic guys in our neighborhood that someday we’d have football teams with names like the “Marlins,” the “Buccaneers,” and the “Jaguars,” know what they would’ve said? They would’ve said, “Get outta here!” What if Pete managed his party the same way Bernanke’s running the Fed? Well, we’d have a lot of unhappy people watching the game, along with a couple of very happy ones. Since the presence of a large-screen TV is a given, Pete has two obligations as host: to provide a pleasing gustatory experience (aka “good eats”), and to ensure that costs don’t get out of control. Pete’s two goals can be tracked using two simple measurements: the “did it cost more than a meal at Red Lobster?” budgetary indicator, and the “where my nachos at?” food availability rate (also expressed positively as the “got my nacho on” index). These indicators track Pete’s two areas of responsibility, and his performance should be measured against them. Word to Florida fans: Don’t get me wrong. I’m not knocking your franchises, so please don’t flame me. I’m just explaining how unusual those names would have been sounded back when I was a little kid. Any new team names would’ve looked odd and unfamiliar back then. Things are terrible and that’s okay. Know what else would’ve looked wildly unfamiliar to Americans in the fifties? Today’s unemployment figures . We’ve got an official unemployment rate of 9.4%, with figures for discouraged workers and long-term unemployed that are even worse. Unemployment in the 1950′s ranged from a low of 2.5% to a high of 5.4%. Even allowing for changes in the way the number’s calculated, that’s a staggering difference. The fact that joblessness isn’t considered a national emergency shows how differently politicians view their responsibilities today. Leaders of both parties had a common vision of our country’s best interests during the period of our greatest prosperity. Where has it gone? Bernanke’s remarks came less than a week after Treasury Secretary Tim Geithner said that the economic expansion currently being enjoyed on Wall Street is “not a boom. It’s not an expansion that’s going to offer a rapid decline in unemployment.” And he didn’t say it as in, “and so we’ve got to do something about this horrible situation.” He said it as in, “Hey, it’s too bad, but sh*t happens.” Geithner made his remarks at Davos, where the bankers responsible for these staggering unemployment numbers – through incompetence, dishonesty, and often through out-and-out crime – met to celebrate their renewed wealth and figure out how to get more of it. They’ve got a lot to celebrate. The overall economy has expanded for six quarters. Banks are enjoying record revenues and surging profits, and bonuses are soaring. Put it this way: Nobody’s sweating about the cost of their first-class ticket to Switzerland, or the price of that chartered helicopter to fly them from the Zurich Airport straight to their mountain resort. (Limos are for nobodies. Who wants to spend two hours in the back of a stretch when you can be luxuriating among evergreen-carpeted peaks in less than 30 minutes?) The Administration keeps echoing the Right’s cost-cutting rhetoric, despite the ongoing pain of millions of Americans. And Republicans are in full-tilt crazy mode, pushing radical budget cuts that could mean another million lost jobs. Yet Bernanke offered only empty rhetoric about unemployment. You know what the old guys back in Utica would’ve said to that, don’t you? They’d have said, “Get outta here!” (Actually there would’ve been a couple of other words in there too – one of which starts with an “f” – but this is a family publication.) The State of the Nacho Economy at Pete’s House, February 2011 Bernanke’s remarks reflected the one-dimensionality behind much of today’s macroeconomic thinking, which tends to deals only in averages and can therefore overlook fundamental problems. Consider our party analogy: Let’s say there weren’t enough nachos at last year’s Super Bowl, and everybody went home bitching about it. Pete promises he’ll fix it – that’s the host’s job, after all – so he buys more nachos this year. But he doesn’t pay any attention to how they’re distributed. So the first couple of guys show up, get out a couple of shopping bags, pack up all the nachos, and take them home. That’s great for them – they’ll be snacking for days. The other eight guys show up starving, but there’s nothing for them to eat. And I mean nothing – no nachos, no Doritos, no buffalo wings, not even a freakin’ Pringle they can divide eight ways. (Yes, it will be all guys on Sunday, but that doesn’t we’re “no girls in the treehouse” men. My wife’s a basketball fanatic, for example, but she has no interest in football. The party’s gender uniformity was a market-driven outcome, the product of demand rather than regulation.) Back to the nacho problem: Pete, understandably, gets some heavy criticism from the eight hungry guys. If he were Bernanke, he’d … well, let’s just paraphrase Bernanke’s statement, changing a word here and there so that it describes the party rather than the national economy: “Guys,” Pete says, “we have seen increased evidence that a self-sustaining recovery in nacho spending may be taking hold. Notably, we learned that attendees increased their nacho consumption in real terms at a rate of more than 4 percent.” Pete goes on, acutely aware of the guys who are pissed about the snack situation: While indicators of overall chowing-down have, on balance, been encouraging, the “got-my-nacho-on” rate overall has improved only slowly … It will be several years before the “got-my-nacho-on” rate returns to a more normal level. In sum, although snack growth will probably increase this year, we expect the “where-my-nachos-at” rate to remain stubbornly above the levels that Big Game party planners have judged to be consistent over the longer term with our mandate to foster both full “got-my-nacho-on” satisfaction and “didn’t-cost-more-than-a-meal-at-Red-Lobster” overall stability. Yes, that’s exactly what Bernanke said, adjusted for our analogy. Picture what a roomful of hungry football fans would say if Pete gave that speech. Now ask yourself why Bernanke’s comments are any more acceptable. If you had a friend like Ben … The fact that Bernanke held a press conference at all shows how unusual things have become. The Fed Chair typically keeps contact with the press to an absolute minimum, because any offhand or misinterpreted comments can move billions of dollars in the market. The Chairman’s remarks are studied with the same obsessive fascination courtiers once directed toward their Emperor: Did he raise an eyebrow slightly while he nodded, indicating that this offer has truly pleased him? It’s worth re-examining an economic system which places so much power in one person. But given that the Fed chair does have that power, Bernanke’s caution is understandable. The Fed’s two primary missions are to ensure “price stability” and maintain “full employment” (roughly equivalent to our “Red Lobster budget” and “nacho” party goals.) There was a time when Bernanke didn’t even acknowledge the “employment” aspect of his mandate, so presumably it’s a sign of progress (or, more likely, of political pressure) that he even mentioned it today. But he didn’t say the situation was unacceptable. He said “we expect the unemployment rate to remain stubbornly above, and inflation to remain persistently below, the levels that Federal Reserve policymakers have judged to be consistent over the longer term with our mandate from the Congress to foster maximum employment and price stability.” In other words, he’s saying he knows its in his job description, but it’s not going to happen. What’s more, he’s not going to try doing anything new to make it happen. How would your boss react if you said that? Feeding the Python Let’s use a complete different analogy for a second. Let’s say you’ve got a python and some hungry leopards in a cage. What happens if you feed a rat to the python? There will be a big bulge in the python, but the leopards will still be hungry. Bernanke’s approach “creates” money. But if banks don’t invest that money in job-creating investments, they’ll become more profitable but unemployed Americans continue to go without work. Will his policies create jobs? Maybe a few. But there are much more efficient ways to reduce unemployment, and right now targeted government spending is the best approach. Instead of supporting stimulus spending, Bernanke made a point of praising the destructive austerity economics of the Simpson/Bowles Deficit Commission. The commission chairs’ proposals (the commission itself failed to deliver a report) would kill millions of jobs while further enriching the well-to-do. Bernanke indicated he’ll keep pursuing monetary policies that do little or nothing to reduce unemployment, and his premature emphasis on deficit reduction undermines the investment we need to stimulate economic growth and create jobs. In a cage full of hungry leopards, he’s about to feed another rat to the python. Whaddya gonna do? Why does Bernanke say that the unemployment rate is “stubborn”? The unemployment rate is a thing , not a living creature. It’s the product of human decisions and human behavior. It has neither emotions nor a will of its own. Consciously or not, Bernanke performed a little rhetorical misdirection by anthropomorphizing this figure. He’s drawing our attention away from the effect of his own actions. He’s saying that unemployment doesn’t “want” to come down, instead of saying that he can’t or won’t do more to bring it down. What do you think would happen at the party if Pete said the nachos don’t “want” to be available to everybody? Let’s get real: The unemployment rate isn’t being “stubborn”: Bernanke, Geithner, and our other economic planners are. If the stock market had fallen as catastrophically as employment has, and had stayed down as long,, don’t you think they’d be in full “Defcon 4″ mode trying to fix it? Of course they would. They’d use every tool at their disposal – and if that didn’t work they’d invent new tools. But when it comes to unemployment, they’re all shrugging their shoulders and saying “whaddya gonna do?” They’re saying there’s nothing more they can do to fix the problem. That’s not an acceptable answer – and it’s not an honest one, either. It’s crunch time We can have a little fun with our party nachos analogy, but economic pain isn’t funny. Institutions like the Fed and the Treasury Department are charged with managing unemployment and sustaining economic growth, and they’re failing. But hey: Enjoy the game. I’ve been planning to root for Pittsburgh this year, because I love the people there and because Pittsburgh reminds me of my home town. But wait — I’m being interviewed on Madison radio tomorrow, and I’ve never even been to Green Bay. Maybe I should reconsider … As for who I think will win, that’s a deeply personal matter, to be discussed only in the strictest confidence with my bookie religious confessor. Both towns have been hit hard by the loss of jobs. Who hasn’t? And nobody in either town wants to hear our leaders say that the worst unemployment figures in modern history are the “new normal,” or that they don’t feel the need to come up with a new game plan. But they better find one, and fast. It’s crunch time for Washington, and we need some come-from-behind job creation along with a whole lot of smash-mouth economic stimulus. It ain’t over ’til it’s over, but if they don’t get their act together it’s gonna be over. Now pass the nachos, wouldya? _______________________________________________________________ Richard (RJ) Eskow, a consultant and writer (and former insurance/finance executive), is a Senior Fellow with the Campaign for America’s Future. This post was produced as part of the Curbing Wall Street project. Richard also blogs at A Night Light . He can be reached at “rjeskow@ourfuture.org.” Website: Eskow and Associates

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Allstate Retracts Failed Zodiac Joke

February 3, 2011

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

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Dr. Sasha Galbraith: The New Reality — How The Davos Man Is Being Dragged Into The 21st Century

January 27, 2011

The World Economic Forum (WEF) kicked off this week in Davos, Switzerland. And while the world’s biggest “schmooze-fest” usually grabs headlines for its powerful sessions or high-profile participants, this year, the press is enamored with something else: the new quota system , whereby companies are being asked to include a woman among every five delegates. While there’s certainly been a lot of chatter around the new quota system, the reality is that there has been little action. In fact, Zoe Williams of The Guardian reported that women represent only 20 percent of Davos participants — a mere 500 out of the 2500 who attend. And I have to say I’m not all that surprised. After all, sighting a female senior executive in Switzerland is about as rare as seeing a cuckoo, and the changes at Davos seem to be moving about as fast as boardroom reforms in the U.S. But let’s look on the bright side; female participation at WEF is up and big names in business are making this happen — Kraft, Pepsi and DuPont among them. While this is only a drop in the bucket, female participation at this elite event has doubled, which is a great sign. Now for the big questions: Will this trend continue? And will this have an impact beyond WEF? Only time will tell.

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Tina Dupuy: Government Workers Are the New Illegal Aliens

January 25, 2011

Did you know the government can’t create jobs? Nearly two years ago on CNN, former Republican National Committee chairman Michael Steele said, “Not in the history of mankind has the government ever created jobs.” And then, “Trust me.” When Steele said those words, he was widely panned. It was dismissed on the right as a gaffe and debunked on the left as grossly inaccurate . It was laughable… when Steele said it. Cut to: Meet the Press last Sunday. Erin Burnett CNBC’s Squawk on the Street host said, “Government can’t create jobs.” It was left unchallenged by any of the other panelists and host David Gregory. Karen Hughes who worked in the Bush administration, her government j-o-b added, “Well… the president seems to have had a revelation that it’s actually business that creates jobs.” Then to top it all off the Democratic Congressman James Clyburn — agreed. “No, we can’t create jobs, and we shouldn’t. We want them created in the private sector. ” Over 16.5% of Americans are employed by the government , about 22 million of the 135 million payroll jobs. And they’re not just pencil-pushing, useless cushy benefit collectors — but scientists. There are no private sector astronauts. None. Firefighters are government employees as are police. “More cops on the streets” means more government trained and compensated people in your community. The district attorneys, judges and bailiffs draw an Uncle Sam signed paycheck. The government? Law and order. The second largest employer in the country is the United States Postal Service. Try telling the lady raising her family by delivering your overdue notices that the government can’t create jobs. According to the Department of Labor, the private sector has been steadily adding jobs and the public sector has been cutting jobs at the fastest rate in 30 years . Especially local government jobs: teachers, sanitation workers and librarians. So the government does, in fact, create jobs. It also slashes them. Cities and states have been balancing their budgets by cutting back on everything. Most infamously Camden, New Jersey is eliminating half of their police force . To those who work for a living, a job is a job. To those who sloganeer for a living, cutting jobs means magically creating them. It seems government workers are the new illegal immigrants. They are the new group who are treated like parasites on the system; their jobs are illegitimate and disposable. Lawmakers gleefully talk about eliminating government employees’ livelihoods. The rhetoric would have us believe those aren’t even jobs . It’s not the banksters and hucksters on Wall Street who wrecked our economy. No, now they’re the only ones who can save us! It’s not a general revenue slow down tied to a collapse after the Saturnalia of liar loans and real estate cheats. It’s those comfortable public servants who are bleeding us dry! We’re told we’re bankrupt because of well-paid government employees with “Cadillac health insurance plans.” Yes, we still refer to posh things as an American made car from a company, GM, which the U.S. government saved and made profitable again. So everyone who makes an actual Cadillac can thank the government for their job. Out of our $3.5 trillion annual budget we dole out around $1.5 trillions on “defense” spending. It really should be considered “offense” spending these days, but I digress. There are some accounting tricks with mandatory and discretionary spending. But added up: it’s $1.5 trillion . What is the military? Jobs. Careers too. Plus a retirement plan and socialized medicine. It’s a jobs program the government created . It’s also a big wasteful unaccountable sieve for tax dollars. If the GOP-controlled House is really looking to weed out pork (which they arguably are not) they would check out the bacon haven we call the Pentagon. But, better to stick with the empty and symbolic than tackle the difficult.

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Bevis Longstreth: Obama’s Phoenix: The Council on Jobs and Competitiveness

January 22, 2011

President Obama today named GE Chairman Jeffrey Immelt to head the White House Council he has served on over the past two years under the leadership of former Fed Chairman Paul A. Volcker. This advisory body, originally named the Economic Recovery Advisory Board, lacked traction with the White House and, as a consequence, declined in political significance even as the stature of Mr. Volcker soared among those in the country who value sound and independent thinking over political calculation and sail-trimming. As author of the major element in the Financial Reform legislation enacted last year that would directly address, in part, the huge risks to our financial system caused by proprietary activities of large banks — the eponymously named “Volcker Rule” — Mr. Volcker might easily have been seen by Wall Street as a formidable foe. At the outset of President Obama’s term, the White House surely would have known him to be seen that way, for his record of putting national welfare ahead of private interest is a long and distinguished one. Somehow, in one of the most remarkable PR tricks in this writer’s memory, Republican leadership convinced the press, and through it, a large share of our nation’s citizens, that the President had been deliberately, and effectively, anti-business. Many business leaders joined in this libel, including Jeffrey Immelt, in a speech last summer in Rome. In fact, this claim is patently false. However, in the nation’s Capitol, where mirrors enlarge clever fallacies until they appear to be true, the President has chosen to respond by seeking to endear himself to business. To that end, he has undertaken a number ofsteps that carry him into an ever-tighter embrace of all to which the U.S. Chamber of Commerce, that lowest common denominator of the business community, aspires. And so, rising like a Phoenix, the defunct Economic Recovery Advisory Board is reconstituted with Big Business at its helm, new membership in support and a new name to capture the President’s emerging affection for job creation. It could work. It might work under Jeffrey Immelt’s leadership, although he is better known for creating jobs off-shore than onshore. Since 2005 GE has shed 27,000 jobs, shrinking from 161,000 to 134,000 in 2009. And, of course, Big Business is not the place that economists would naturally think of first as the most promising place to generate jobs. When Franklin D. Roosevelt entered the White House in 1933,there were some 18 million destitute Americans needing help. To address this problem, and the growing number of those out of work, he was quick to bring to Washington not a leader of big business but Harry Hopkins, a social worker whose mission in New York State had been to provide relief for the unemployed. The principal vehicle for addressing these problems was the Works Progress Administration, or WPA as it became known, an agency that under Hopkins’ leadership and FDR’s vigorous support, achieved lasting monuments to its success in meeting human suffering with the offer of work. It is hard to imagine a WPA II becoming a priority of Mr. Immelt’s Council, although that is precisely what, as a matter of first and highest priority, it should do. Alas, any examination of the history of our Government’s handling of the unemployment problem under President Herbert Hoover between the Great Crash and FDR’s inauguration, reveals parallels to what President Obama did today that are unnerving to the extent they predict how the phoenix-like Council on Jobs and Competitiveness will behave under the leadership of Big Business. In 1930, President Hoover appointed Colonel Arthur Woods to head a committee on unemployment known as the “President’s Emergency Committee for Employment.” Woods was a distinguished public servant, not of the size of Paul Volcker but formed from the same mold of personal integrity. He had served with distinction as Police Commissioner for New York City. His Committee functioned from October, 1930 to August 1931. During that time it investigated the plight of the unemployed and the degree to which states and municipalities could cope. It recommended Federal relief in a highly textured report to the President. Hoover spoke to Congress soon after receiving that report, on December 2, 1930, rejecting its findings and blaming foreigners for the depression. “The fundamental strength of the Nation’s economic life is unimpaired,” he announced. Economic conditions worsened. Unemployment grew. On August 19, 1931, President Hoover appointed Walter S. Gifford, President of the American Telephone and Telegraph Company, to head a new advisory committee titled the “President’s Organization on Unemployment Relief”. At the time, ATT was of equal or greater stature than GE is today, and Mr. Gifford was a model representative of Big Business. Mr. Gifford proved as steadfast as President Hoover was to the principle that the problems of unemployment were to be solved, if at all, by states and municipalities. These men feared national responsibility more than they feared national unemployment. Only time will tell whether this past is the tragic prologue to our future.

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Leo W. Gerard: Time to Wield the Foreign Policy Stick

January 20, 2011

America plays the role of abused partner in its relationship with China. Although the Asian giant repeatedly injures U.S. industry by violating international trade rules, America has responded, almost exclusively, by pleading and begging for China to stop. China says it’s sorry. And continues to violate the rules. America respectfully beseeches China to discontinue manipulating its currency, and China says it will. Then it allows the value to increase a completely insignificant amount. Still America does nothing. Nothing. It simply accepts the abuse. U.S. Sen. Bob Casey, D-Pa., and Michael Williams, senior vice president of U.S. Steel stood with me Wednesday at a press conference in Pittsburgh to urge President Obama in his meetings this week with Chinese President Hu Jintao to announce that America is done with soft talk. We want President Obama to tell President Hu that America has heard enough promises; the United States is bucking up and pulling out that big stick that Teddy Roosevelt carried in foreign policy negotiations. This is a rare issue on which politicians, Republican and Democrat, manufacturers and organized labor all agree. Here’s what Sen. Casey said at the press conference, “In my estimation, and that of a lot of Americans, the time for talking is over. The time for action is now.” He, Sen. Sherrod Brown, D-Ohio, and Sen. Debbie Stabenow, D-Mich., plan to introduce legislation next week to force the federal government to hold China accountable, to enforce compliance with World Trade Organization (WTO) rules – rules that China agreed to comply with when WTO countries permitted it to join even though it is a non-market economy. Mr. Williams described the effect of China’s unchallenged trade practices on American steel production: “Our facilities in Pennsylvania and throughout the United States are among the most advanced in the world: We make the highest quality steel for the most demanding applications; Our technology is world competitive; and Our workers are second to none in skill and know-how. However, the more than 21,000 U.S. Steel employees nationwide, and the more than 4,700 employees here in Pennsylvania, know all too well that we do not always operate in a fair global marketplace. Instead, we are often faced with the reality of a distorted market – a market where we have to compete against job-stealing dumped and subsidized imports from countries that abuse the rules to gain a false competitive advantage. No country more than China hurts all American manufacturing by the way it artificially undervalues its currency – making its exports artificially cheap and making competitive imports from the U.S. and elsewhere artificially expensive.” Here are the facts: American industries have found that they can produce products, ship them to China and price them lower than Chinese competitors. But all too often, China prohibits sale of the American-made products on the mainland. Sen. Casey gave an example, C.F. Martin & Co., which manufacturers its world-famous guitars in Eastern Pennsylvania. Martin tried to register its mark to sell its instruments in China. But it has been unable to do that because a Chinese manufacturer already registered the mark and is counterfeiting the guitars. “To say it is unlawful does not begin to describe the gravity of it,” the senator said. In addition to countenancing counterfeiting, China provides illegal subsidies to its export industries, violates international regulations forbidding forced technology transfer when American companies seek to manufacture in China and deliberately undervalues its currency to falsely lower the price of its exports. When Mr. Williams, Sen. Casey and I all said this must be stopped with enforcement of international regulations, someone in the audience asked if that would prompt a dreaded trade war. That won’t happen because we already are in a trade war. The United States simply is not fighting back. We are playing the passive partner in a perverted relationship, repeatedly allowing the abuser to pound us. Mr. Williams said it best: “U.S. Steel wants a strong America. To have a strong America, we need a strong manufacturing base. To have a strong manufacturing base, we need strong enforcement of international trade regulations.” Sen. Casey agreed, “Our government must take every step necessary. It is not enough to say to the unemployed, ‘We are trying and we are asking.’” Wield the stick, President Obama.

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Watchdog Claims Conspiracy Driving Rules On For-Profit Colleges

January 20, 2011

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

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Eric Chan: "Life After Steve Jobs" — What a Post-Jobs Apple Might Look Like

January 19, 2011

The History Channel has a great series called ” Life After People ,” which imagines the fate of the earth after an apocalyptic end to humans. As a technology analyst, Steve Jobs’ January 17th announcement of an indefinite medical leave (his third in 10 years) got me imagining the unthinkable — what if Steve Jobs did not return? For those who love tech, the thought of a Job-less Apple is about as apocalyptic a scenario as one can imagine — perhaps second only to the end of life on earth as we know it. Admittedly, Mr. Jobs isn’t really known for being an early adopter of technology. After all, the iPod and iPhone came along well after similar products had already been created in the market. But what Jobs does do really well is to identify a need in the market and figure out how to fill that need in the most spectacular way. He seems to understand and relate to consumers in a way that few other executives are able to do. He’s also the king of product timing. Apple is one of the world’s most cherished brands. Currently, it’s the second most valuable company with respect to market cap, next to Exxon. But a great deal of that brand equity is based on the personality and showmanship of Steve Jobs. Without Steve Jobs, Apple, as great as it is, is just another consumer products company in the tech market — like Microsoft, Dell, HP. From an operations standpoint, the company would stay on track thanks to the excellent management of Tim Cook; but the magic would be gone. As it is entirely plausible that Steve Jobs might have to end his reign at Apple due to health reasons, here are some forward-looking and very speculative thoughts about what might happen at a post-Jobs Apple: Six Months After Jobs: Tim Cook is now Apple’s CEO. Little has changed outwardly with the company. Apple’s product pipeline remains intact. The iPad 2 and a new 4G version of the iPhone rollout as expected. Both products are huge sellers. Earnings remain high for the company. But rumors of executive poaching from tech rivals build. Silicon Alley Insider does its own spotlight on Apple executives most likely to leave. One Year After Jobs: Apple’s corporate hierarchy begins to change. Tim Cook proves himself (yet again) to be a tremendous chief executive for the company. But, at the same time, analysts notice a stronger public face for Apple’s other key executives who oversee its various product channels. Nicknames like “iPhone CEO,” “Mac CEO,” etc. begin to be bantered about in the technology media. Momentum builds in the press about “fractured leadership” at Apple. Cisco and Microsoft begin stealing from the Apple talent pool. Cisco is particularly aggressive as it seeks to expand into the pro-sumer electronics industry with tablets, smartphones and other devices. Apple’s earnings remain strong. Two Years After Jobs: Consumers show less deference for Apple products. Although its devices still enjoy a cult-like following, market watchers see a drop in consumer loyalty and interest. Internally, the company begins to acknowledge that it is losing that “special status” with consumers and the media it once enjoyed under Steve Jobs. Tim Cook directs the product design teams to develop lower-end, cheaper versions of the iPhone and Macbooks to broaden its appeal to consumers. He also makes the iPhone available on all four US carrier networks. The new approach pays off in the short-term, as the iPhone gains ground against Google’s Android devices. Four Years After Jobs: Apple announces it will finally start participating in technology industry events – ending the company’s special market status it enjoyed under Jobs’ tenure. Five Years After Jobs: Apple is in the midst of an aggressive pro-sumer campaign, and begins unveiling a variety of enterprise-specific devices, particularly centered around VoIP calling and traditional desktop computing. Another key element is cloud-based network services. The same year, it also unveils a new type of futuristic device, probably a table-based PC, nicknamed the “Steve 1000,” to commemorate its original visionary Steve Jobs – and to play on consumer nostalgia. The table PC is too expensive for average consumers, who prefer instead to buy their lower-end Mac desktops and Macbooks at Target and Best Buy. 10 Years After Jobs: Apple is still regarded as one of the world’s best developers of consumer and enterprise technology products, but companies like Google and Facebook are more relevant to the average user because they offer products, content and networks. Under Tim Cook’s leadership, the company has also focused more heavily on scaling its consumer products from low- to high-end and adding in a broad array of enterprise-friendly products and services. As a result, Apple did not invest enough resources into its development of a smart TV platform, which causes it to lose competitive advantage with Google and Facebook.

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Neighboring States Celebrate Tax Hike, But Will It Really Help Them?

January 13, 2011

SPRINGFIELD, Ill. — While many states consider boosting their economies with tax cuts, Illinois officials are betting on the opposite tactic: dramatically raising taxes to resolve a budget crisis that threatened to cripple state government. Neighboring states gleefully plotted Wednesday to take advantage of what they consider a major economic blunder and lure business away from Illinois. “It’s like living next door to `The Simpsons’ – you know, the dysfunctional family down the block,” Indiana Gov. Mitch Daniels said in an interview on Chicago’s WLS-AM. But economic experts scoffed at images of highways packed with moving vans as businesses leave Illinois. Income taxes are just one piece of the puzzle when businesses decide where to locate or expand, they said, and states should be cooperating instead trying to poach jobs from one another. “The idea of competing on state tax rates is . . . hopelessly out of date,” said Ed Morrison, economic policy advisor at the Purdue Center for Regional Development. “It demonstrates that political leadership is really out of step with what the global competitive realities are.” By going where no other state dares to tread, Illinois could prove itself to be a policy pacesetter or the opposite – a place so dysfunctional that officials created a jaw-dropping budget crisis and then tried to fix it by knee-capping the economy. Illinois faced a budget deficit of $15 billion in the coming year, equivalent to more than half the state’s general fund. Officials warned that state government might not be able to pay its employees. It certainly would fall further behind in paying the businesses, charities and schools that provide services on the state’s behalf. To avoid that, the Democrat-controlled General Assembly voted to temporarily raise personal income taxes 66 percent, from 3 percent to 5 percent. Corporate rates will rise, too – from 4.8 percent to 7 percent – when Democratic Gov. Pat Quinn signs the measure. The increase is expected to produce $6.8 billion a year for the four years it’s in full effect. That should be enough to balance Illinois’ annual budget and begin chipping away at a backlog of roughly $8 billion in old bills. The tax move inspired a day of taunts across state borders and finger-pointing between parties. “Years ago Wisconsin had a tourism advertising campaign targeted to Illinois with the motto, `Escape to Wisconsin,’” Wisconsin Gov. Scott Walker said in a statement. “Today we renew that call to Illinois businesses, `Escape to Wisconsin.’ You are welcome here.” Illinois state Sen. Dan Duffy, a Republican, labeled the tax increase “the nuclear bomb of jobs bills.” There was even some carping from Illinois Democrats. Chicago Mayor Richard Daley predicted jobs will start trickling out of Illinois with little fanfare. “Businesses don’t have press conferences like this and announce they’re moving 50 people out, 60 people out, 70 people,” Daley said at an event in Chicago. But Illinois’ governor rejected the idea that the increase would allow other states to lure jobs away. “Lots of luck to them, but that’s not going to happen,” Quinn said at a news conference Wednesday. Businesses look at more than taxes when making financial decisions, Quinn said. They also look at whether state government is stable and able to provide good roads and schools. “It’s important for their state government not to be a fiscal basket case,” Quinn said. A Wisconsin company seemed to prove his point. Train-maker Talgo Inc. is threatening to leave Milwaukee because Wisconsin rejected federal funds for high-speed rail. Talgo still considers Illinois a strong possibility for its new the company’s new home, despite the tax increase, said spokeswoman Nora Friend. The tax increase “would not weigh in as a positive, but it’s difficult to say whether it’s the deciding factor,” Friend said. “It would be one more factor that gets weighed in.” Illinois Democrats note that even after the increase takes effect, the 5 percent personal income tax rate will still be lower than many nearby states’. The top personal rate in Wisconsin is 7.75 percent, for example, and Iowa’s is 8.98 percent. Indiana and Michigan will have lower rates, however – 3.4 percent and 4.35 percent. Bill Ecton, 54, owns Ecton’s True Value Hardware in Robinson, Ill., just a few miles from the Indiana border. He was resigned to the fact that Illinois ultimately would raise taxes to repair the budget, but he said the taxes will take a toll. “If I have to pay more to the state, it’s money that I can’t pay out in wages,” Ecton said. “I’m not saying I’m laying people off, but maybe I’m going to look twice at adding another one.” ___ Associated Press writers David Mercer in Champaign, Ill., Scott Bauer in Madison, Wis., Dinesh Ramde in Milwaukee and Charles Wilson in Indianapolis, Ind., contributed to this report.

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‘The Most Amazing Press Release Ever Written’

January 12, 2011

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

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Obama Allows Chevron, Shell And 11 Others To Resume Offshore Drilling Without Further Review

January 4, 2011

WASHINGTON — The Obama administration said Monday it will allow 13 companies to resume deepwater drilling without any additional environmental scrutiny, just months after saying it would require strict reviews for new drilling in the wake of the BP oil spill. The government said it was not breaking its promise to require environmental reviews because the 13 companies – which include Chevron USA Inc. and Shell Offshore Inc. – had already started drilling the wells without detailed environmental studies. Drilling was suspended last year when the administration imposed a months-long moratorium following the BP spill. The ban was lifted in October, but drilling has not yet resumed in waters deeper than 500 feet in the Gulf of Mexico. U.S. officials said the 13 companies must comply with new policies and rules before resuming activity at 16 Gulf of Mexico wells. All but three are exploratory wells – the same type BP was drilling when the blowout of the Deepwater Horizon rig occurred. The April 20 explosion killed 11 workers and set off the worst offshore oil spill in U.S. history. “For those companies that were in the midst of operations at the time of the deepwater suspensions (last spring), today’s notification is a significant step toward resuming their permitted activity,” said Michael Bromwich, director of the Bureau of Ocean Energy Management, Regulation and Enforcement. The decision is a victory for the drilling companies, which in the past had routinely won broad waivers from rules requiring detailed environmental studies. After the BP disaster, the Obama administration pledged it would require companies to complete environmental reviews before being allowed to drill for oil. The administration has been under heavy pressure from the oil industry, Gulf state leaders and congressional Republicans to speed up drilling in the Gulf of Mexico, which has come to a near halt since the moratorium on deepwater drilling was imposed last spring. The delay is hurting big oil companies such as Chevron Corp. and Royal Dutch Shell PLC, which have billions of dollars in investments tied up in Gulf projects that are on hold. Smaller operators such as ATP Oil & Gas Corp., Murphy Exploration & Production Co.-USA, and Noble Energy Inc., also have been affected. A federal report said the moratorium probably caused a temporary loss of 8,000 to 12,000 jobs in the Gulf region. Bromwich and other officials stressed that the policy announced Monday was not a reversal of its previous plans not to grant waivers known as categorical exclusions for deepwater projects. Instead officials characterized the action as a sort of grandfather clause that applies only to companies that had already begun drilling before the BP blowout. In August, Bromwich instructed his staff not to grant categorical exclusions for drilling plans that involve use of a blowout preventer similar to the one that failed to stop the BP spill. But the August directive did not specify that any companies would be exempted under a grandfather provision. “This decision was based on our ongoing review of environmental analyses in the Gulf and was in no way impacted by a singular company,” said Melissa Schwartz, a spokeswoman for Bromwich. Bromwich said in a statement that the new policy will accommodate companies whose operations were interrupted by the five-month moratorium on deepwater drilling, while ensuring that the companies can resume previously approved activities. William Snape, senior counsel for the Center for Biological Diversity, an environmental group, called the announcement “another sad chapter in agency denial that anything is wrong.” Snape said Bromwich and his boss, Interior Secretary Ken Salazar, seem to want dangerous oil and gas drilling to go on in the Gulf and Alaska “without any meaningful public scientific review of the risks learned from the BP disaster.” But Randall Luthi, president of the National Ocean Industries Association, called the announcement “a positive development for an industry that has been anxiously waiting to get back to work.” Marathon Oil Co. said it was seeking to obtain permits for deepwater drilling, including one project that was suspended by the moratorium. In an e-mailed statement, Marathon said it is working with the ocean energy bureau on the permits and is optimistic the company will receive approval. The firms will not be required to complete a detailed review under the National Environmental Policy Act, but they must comply with new policies and regulations set up in the wake of the BP spill, Bromwich said. The 13 companies won’t be required to revise their exploration plans if an updated estimate of the most oil that would be released in an uncontrolled spill is less than the amount included in spill-response plans on file with the bureau. If the worst-case discharge estimate is higher, “further reviews will be conducted,” according to the statement. The 13 companies that received the notice are: ATP Oil & Gas Corp.; BHP Billiton Petroleum (GOM) Inc.; Chevron USA Inc.; Cobalt International Energy; ENI U.S. Operating Co. Inc.; Hess Corp.; Kerr-McGee Oil & Gas Corp.; Marathon Oil Co.; Murphy Exploration & Production Co.-USA; Noble Energy Inc.; Shell Offshore Inc.; Statoil USA E & P Inc.; and Walter Oil & Gas Corp. ___ Associated Press writers Dina Cappiello in Washington and Harry R. Weber in New Orleans contributed to this story.

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Richard (RJ) Eskow: Which of These Banks Was 2010′s Most Shameless Corporate Outlaw?

December 30, 2010

Bankers. The red carpet’s still being rolled out for them in Washington, but if there’s a stain on it they’ll pout for days. Jason Linkins documents the latest set o f cheap white whines from very wealthy white men . This time they’re upset because nobody from the six largest banks in America was invited to the President’s CEO Roundtable. They’re offended because they didn’t meet with the President? From the looks of things they’re lucky not to be meeting with the warden . Let’s review the record for these corporate malefactors, and then decide: Which of these six banks was “America’s Most Shameless Corporate Outlaw” in 2010? #1. Bank of America Here are some recent headlines for the country’s largest bank: ” Bank of America Ends Year With Flurry of Lawsuits ” ” Arizona Sues Bank of America ” ” Arizona Wants Bank of America Held in Contempt ” ” Nevada, Arizona sue Bank of America over failed mortgage aid ” ” Allstate Sues Bank Of America For Selling ‘Toxic’ MBS ” ” Bank of America Hit With Missouri Class Action Over Loan Modifications ” Here are the details: Associated Press : “Attorneys general in Arizona and Nevada filed civil lawsuits Friday against Bank of America Corp., alleging that the lender is misleading and deceiving homeowners who have tried to modify mortgages in two of the nation’s most foreclosure-damaged states.” Courthouse News Service : “Bank of America violated a consent judgment it signed almost 2 years ago to provide loan modifications and help relocate borrowers, the Arizona attorney general claims … Bank of America has continued to misrepresent ‘to Arizona consumers whether they were eligible for modifications of their mortgage loans, when Bank of America would make a decision on their modification requests, whether Bank of America had approved their modification requests, why Bank of America declined their modification requests, and whether and when Bank of America would foreclose upon their homes.’” Consumer Affairs : “The bank is also facing at least three suits claiming that it reneged on duties it undertook by accepting $25 billion under the Troubled Asset Relief Program (TARP).” In total, Bank of America’s last annual report lists 29 pending lawsuits against the company. Lawsuits are not proof of guilt, of course. But the bank has already paid a fine for illegally concealing $6 billion in payouts to employees, and another fine for concealing major losses at its Merrill Lynch subsidiary. ( Both fines were low – not much more than a slap on the wrist – because Bank of America was on taxpayer-funded life support at the time.) BofA also confessed to committing fraud as part of a settlement this month, which the Justice Department noted was restitution “for its participation in a conspiracy to rig bids in the municipal bond derivatives market.” The Bank was also ordered to pay Lehman $590 million for illegally seizing its deposits , in violation of bankruptcy law. Bank of America has been one of the worst offenders during the foreclosure crisis, with documented case of widespread abuse and legal violations. From the Associated Press : “A document obtained last week by the Associated Press showed a Bank of America official acknowledging in a legal proceeding that she signed thousands of foreclosure documents a month and typically didn’t read them. The official, Renee Hertzler, said in a February deposition that she signed 7,000 to 8,000 foreclosure documents a month.” How generous has the taxpayer been to Bank of America? There was the TARP money, of course. And BofA, like other banks, has been suckling at the teat of Federal Reserve’s discount money window throughout the crisis. And, as Zach Carter noted, the bank was also one of two institutions that were the main beneficiaries of a special Fed program called the Primary Reserve Credit Facility. There were those cushy settlements with the SEC. BofA stock was trading at $53 at the end of 2006. As of this writing the stock is trading for $13.30. But its executives have been wasting corporate money and resources buying up 419 web URLs with insulting phrases and the names of their senior executives – most of whom nobody’s ever heard of – to protect their personal reputations. No company’s ever done that before. Bob Scully “blows” (bobscullyblows.com) and Bill Boardman “sucks” (billboardmansucks.com)? Who knew? Last year two senior executives received $9.9 million and two others received $6 million in total compensation. If they’re really worried about their reputations they should stop running their company in a way that “sucks” and “blows.” The guy who robbed a Bank of America branch in West Palm Beach is going to prison . The bank’s senior executives are hurt that they didn’t get invited to the Rose Garden for tea. Rap Sheet: BofA has probably committed more foreclosure offenses than any other single institution. It deceived stockholders, and the public, about the $6 million in bonuses it paid out (during the rescue process). It was equally deceptive about Merrill Lynch’s financial status. And it admitted to rigging bids for municipal bond derivatives. Shameless Quotes: CEO Brian Moynihan’s response toward demands that his bank comply with HAMP’s legal requirements? “Sure,” he sneered,” we’ll go back and check our homework again.” And he says he won’t accept anything but “constructive criticism.” #2. JPMorgan Chase ” We don’t think there are cases where people were evicted out of homes when they shouldn’t have been .” JPM Chase CEO Jamie Dimon. From the Washington Post : “J.P. Morgan Chase, one of the nation’s leading banks, announced Wednesday that it will freeze foreclosures in about half the country because of flawed paperwork.” As we learned recently, Jamie Dimon doesn’t feel loved or admired enough. Small wonder, given the way his bank treats customers. Even as he was making arrogant statements like this one, papers like the New York Times were telling the truth about the sleazy operation he’s running at JPMorgan Chase: “At JPMorgan Chase & Company, they were derided as ‘Burger King kids’ — walk-in hires who were so inexperienced they barely knew what a mortgage was … revelations that mortgage servicers failed to accurately document the seizure and sale of tens of thousands of homes have caused a public uproar …” Failure to accurately document home foreclosures is illegal. I’s lousy management, too. Chief Executive Dimon oversaw a sloppy operation that’s going to cost his shareholders a lot of money : “JPMorgan set aside $2.3 billion of reserves to cover mortgage repurchases or litigation expenses, including some for ‘mortgage-related matters,’ the lender said Oct. 13.” A whistleblower complaint alleges that the bank “sold to third party debt buyers hundreds of millions of dollars worth of credit card accounts. . .when in fact Chase Bank executives that many of those accounts had incorrect and overstated balances.” According to the complaint, “Chase Bank executives routinely destroyed information and communications from consumers rather than incorporate that information into the consumer’s credit card file … mass-executed thousands of affidavits in support of Chase Banks collection efforts … (and) did not have personal knowledge of the facts set forth in the affidavits.” It also claims that “when senior Chase Bank executives were made aware of these systemic problems, senior Chase Bank executives — rather than remedy the problems — immediately fired the whistleblower and attempted to cover up these problems.” There are also multiple lawsuits against Chase for allegedly manipulating the price of silver, and there is at least one report that the bank is being probed by several Federal agencies (including the Justice Department) over its trading activities in precious metals. JPMorgan Chase is also one of several banks that are being sued over the handling of Bernie Madoff funds . JPMorgan Chase “agreed to pay $25 million to settle allegations it sold unregistered securities, many of which defaulted, to the state of Florida,” as the Orlando Sentinel reported. That’s a crime. Chase was also one of several banks that paid to settle charges that it illegally propped up a failed mortgage lender . (These settlements have typically allowed the banks to “admit no wrongdoing” – a practice which should be stopped. These are crimes.) JPMorgan Chase’s behavior in Jefferson County, Alabama made Huey Long look like a piker. The bank spread more than $8 million around the county through local interediaries to secure highly lucrative deals on municipal derivatives. As Bloomberg News put it, ” JPMorgan, the second-largest U.S. bank by assets, used fees on the unregulated derivative contracts — and a trip to a New York spa for one elected official — to curry political favor, a decade after the SEC adopted rules to drive out pay-to-play from the $2.8 trillion municipal bond market.” The bank conducted this criminal behavior under Dimon’s watch. And while it “neither admitted nor denied wrongdoing,” as usual, it had to pay a three-quarters-of-a-billion dollar settlement to wrangle its way out of this snakepit of illegality. Rap Sheet: Corruption in Alabama; widespread violation of foreclosure laws; sale of unregistered securities. Also under investigation for illegal manipulation of the precious metals market; mishandling of Madoff funds; deliberate lawbreaking in credit card processing, concealment of criminality. Shameless quotes: “Judy Dimon says the crisis took a toll on him. He used to stand up to bullies who threatened his smaller twin; now he felt as if he, and bankers in general, were being bullied.” (from a New York Times profile of Dimon) 3. Citigroup Citi’s being sued for gender discrimination by its own employees. Citi settled a class action lawsuit after illegally raising rates for credit card customers . The bank’s being sued by an independent trustee for allegedly “aiding and abetting” a Ponzi schemer . Citi executives were given slap-on-the-wrist fines for lying to investors about $40 billion in subprime exposures, which is a criminal act. It should also be remembered that Citigroup paid $2.65 billion in 2004 to settle class action lawsuits over its alleged illegal actions in propping up WorldCom stocks in return for enormous fees. As Citi’s annual report notes, “Citigroup and Related Parties have been named as defendants in numerous legal actions and other proceedings asserting claims for damages and related relief for losses arising from the global financial credit and subprime-mortgage crisis that began in 2007.” Citi is still being investigated by Italian courts for possible criminal behavior in the Parmalat case, and it’s being sued by a Norwegian bank for misrepresenting its financial condition and failing to disclose material information. It’s being sued by investors for misrepresenting its underwriting of mortgage backed securities. Rap Sheet : Violation of SEC law regarding corporate disclosures; illegal rate activity toward credit card customers. Under investigation for aiding and abetting a Ponzi scheme. Shameless quotes: “Almost all of us … missed the powerful combination of forces at work and the serious possibility of a massive crisis.” (Robert Rubin) “On November 3, 2007, I sent an email to Mr. Robert Rubin and three other members of Corporate Management. In this email I outlined the business practices that I had witnessed and attempted to address. I specifically warned about the extreme risks that existed within the Consumer Lending Group.” (Former Citi exec Richard Bowen) 4. Wells Fargo They illegally laundered drug money for the Mexican cartels – and nobody went to jail. Here’s a suggestion: Read stories “War Torn Mexico: A Population in Terror ,” which begins: “Massacres, beheadings, YouTube videos featuring cartel torture sessions and even car bombs are becoming commonplace in Juarez.” Study the statistics on the violent murders – which include Federal agents , children, and “penniless immigrants ” – and then remind yourself: These are Wells Fargo’s business partners. Rap Sheet: What can anyone add to that? Shameless quotes: “We’re more of a Main Street bank than a Wall Street bank.” “”Of all the decisions I’ve had to make, few have been as difficult as cutting the dividend.” (Wells Fargo CEO John Stumpf) 5. Goldman Sachs Goldman is Goldman. The SEC charged them with fraud, and they settled the suit by admitting their marketing materials contained lies – they called them “mistakes.” They were fined by Great Britain for illegally concealing US fraud investigations. Goldman has a gender discrimination lawsuit, too, and theirs comes complete with strippers and racist emails . Goldman’s being sucked for deceiving its clients over an offering its own people privately (and thanks to Sen. Levin, famously) bragged was ” a shitty deal .” Goldman paid $60 million in Massachusetts to settle charges of predatory loan practices. After mismanagement drove Goldman into impending doom, the firm was saved by TARP funds and Federal Reserve’s Emergency Liquidity Programs. Total taxpayer lending to Goldman exceeded three-quarters of a trillion dollars. Goldman also received $13 billion in backdoor payouts through the AIG liquidation (under Tim Geithner’s supervision). Rap Sheet: Fraudulent misrepresentation; predatory loan practices; illegal concealment of an investigation. And God know what else. They’re Goldman, man! S hameless Quotes: “”We’re very important … We do God’s work.” (Goldman CEO Lloyd Blankfein) “If I whet My glittering sword, and Mine hand take hold on judgment; I will render vengeance to Mine enemies.” (God) 6. Morgan Stanley Earlier this year the Wall Street Journal reported that “U.S. prosecutors are investigating whether Morgan Stanley misled investors about mortgage-derivatives deals it helped design and sometimes bet against.” The firm’s also being sued by US Bank for fraudulently misleading it and other investors over a structured residential investment called “Tourmaline.” A group of investors in Singapore is suing the firm for designing CDOs to fail and then selling them as “conservative investments.” The Financial Industry Regulatory Authority fined Morgan Stanley this year for failing to disclose material conflicts of interest to investors. The same agency hit the firm with a $12.5 million fine in 2007 for illegally concealing emails during customer arbitration hearings. In a particularly sleazy move, Morgan Stanley claimed that the emails had been lost on 9/11, when they were all safely stored in backup copies elsewhere. MS was also sued by the EEOC for gender discrimination . The firm was able to beat back an investors’ lawsuit over bloated executive pay – it set aside 62% of net revenue for employee compensation – so its executives get to keep fat bonuses for driving the company into the ground. Greed and stupidity aren’t illegal, after all. On the other hand, their portfolio of lawsuits including one that says they defrauded nuns in Europe . Rap Sheet: Despite numerous violations and charges, Morgan Stanley is a relatively minor player compared to its bigger colleagues. On the other hand, it illegally concealed evidence from arbitrators by using the World Trade Center attack as an excuse, and six of its own employees died in that attack. That’s simply vile. On top of that, they’re being sued by nuns . Shameless Quotes: “When we think back on 2001, we are filled with deep sorrow and outrage over the events of September 11. Who among us will ever forget the shock and horror of that day?” (Morgan Stanley Annual Report, 2001) “When you come that close to really going out of business, call it near death, death experience, the end of the line, whatever you want to call it, your only focus is to make sure your company survives.” (former CEO John Mack) __________________ We rescued these six banks. They’ve all broken the law, and they’re all under a cloud of suspicion regarding even more possible illegalities. And yet they’re all pouting because they weren’t invited to the White House. Which is our most shameless corporate lawbreaker? Bank of America’s the biggest, and it has probably committed the most widespread foreclosure fraud. JPMorgan Chase has played fast and loose with the law, and Dimon’s unwarranted arrogance raises their shamelessness quotient dramatically. It’s hard to top Wells Fargo and the drug cartels (although getting sued by nuns comes pretty close). Citi had Chuck Prince and Robert Rubin, two pretty shameless individuals. And Goldman … well, as we were saying, they’re Goldman . In any normal period of history all of these organizations would be recognized as corrupt institutions, and their leaders would be ashamed to show their faces among respectable people. But these aren’t normal times, are they? Frankly I’m stumped. You guys decide. They all deserve the title as far as I’m concerned.

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Dave Johnson: Education For We, The People Or For Private Profit?

December 24, 2010

In his press conference this week President Obama said the economic focus is no longer saving the economy from crisis, but “jumpstarting” it to make a dent in unemployment. He listed education as one of the pillars of that effort. Later in the press conference he talked about making colleges and universities being open not just to people who are well-to-do, but to all of us. Progressives For A We, The People Economy Progressives believe that a We, the People economy works best when we act as a community where “we are all in this together,” and watch out and take care of each other. We mutually benefit from this approach: the better off we all are, the better off we all are . Conservatives, on the other hand, believe we should all be on our own, looking out for only ourselves and our families, and it is up to each of us, alone, to take “personal responsibility” for our own success. Our differing approaches to education reflect these different philosophies. Progressives believe that education is good for all of us, and should be available to all of us. We believe that the economy does better when more of us can receive a good education, whether this brings a vocational or advanced degree, in a community college or a university. We try to enact policies that make this education affordable for everyone. Conservatives, on the other hand, believe that “the government” (We, the People) has no business helping people. So they resist providing free public or university education. They call this “socialism.” And so America’s conflict continues, one side asking for public investment in all of us for the long-term benefit of We, the People while the other side tries to harvest the public good for the short-term benefit of a few. Compromise With Conservatives A compromise of sorts has existed in recent decades in which the government helps students get loans, enabling them to go to more expensive schools. But these loans increasingly leave students with a very high debt to pay off after they graduate. In recent years students are graduating with more student loan debt than they can reasonably be expected to pay off. Result: Increasing Debt CNBC reports: Student loans leave crushing debt burden The cost of a college education is rising faster than the cost of medical care and as much as three times as fast as consumer prices in general. But that’s just the beginning of the price of admission. This is the story of a debt crisis few are talking about. Americans now owe more on their student loans than they do on their credit cards — a debt fast approaching $1 trillion with no end in sight. Please read the entire CNBC report on the crushing debt load that students are taking on, just to get an education that will help our economy. Here is a clip of the video available at the link: USA Today reports: Student loan debt exceeds credit card debt in USA , Total student loan debt exceeds total credit card debt in this country, with $850 billion outstanding, according to Mark Kantrowitz, publisher of FinAid.org and FastWeb.com, websites that provide information about student aid and scholarships. Consumers owe about $828 billion in revolving credit, including credit card debt, according to seasonally adjusted numbers in a report on July credit from the Federal Reserve. Result: Increasing Defaults With the increasing debt load and the resulting crushing monthly payments come increasing defaults. From the Dept. of Education, Student Loan Default Rates Increase , “This data confirms what we already know: that many students are struggling to pay back their student loans during very difficult economic times. That’s why the Administration has expanded programs like income based repayment and Pell grants to help students in financial need,” said U.S. Secretary of Education Arne Duncan. And, of course, along with the for-profit privatization of what should be a public function, and the compromise of federal help for loans comes the companies profiting from federal dollars. “The data also tells us that students attending for-profit schools are the most likely to default,” Duncan continued. “While for-profit schools have profited and prospered thanks to federal dollars, some of their students have not. Far too many for-profit schools are saddling students with debt they cannot afford in exchange for degrees and certificates they cannot use. This is a disservice to students and taxpayers, and undermines the valuable work being done by the for-profit education industry as a whole,” Duncan continued. Result: Increasing Quick-Buck For-Profit Scams Along with increasing and crushing debt and defaults another problem has cropped up. Just like with the housing bubble, the private predators have arrived to prey on the public. Private schools like Kaplan University are increasingly scamming their students with schemes reminiscent of the worst of the housing bubble, running up loan debt greater than any job they would ever get could pay, even hitting them with excessive fees and outright fraudulent charges. A Huffington Post report of their investigation of Kaplan University, At Kaplan University, ‘Guerilla Registration’ Leaves Students Deep In Debt , exposes Kaplan’s practice of “guerilla registration” in which they register students and charge them tuition for classes they don’t want or take, even in some cases after they have withdrawn from the school. And then they send the debt collectors after them for the money. Despite having attended only two online sessions, Castillo had remained officially enrolled at Kaplan for nearly a year after her withdrawal. Far from an aberration, Castillo’s experience typifies the results of a practice known informally inside Kaplan as “guerilla registration”: academic advisors have long enrolled students in classes they never take, without their consent and sometimes even after they have sought to withdraw from the university, in order to maximize the company’s revenues, according to interviews with former employees. Please read the whole Huffington Post report , there is much, much more there. Kaplan University, by the way, is owned by The Washington Post company. Speaking of Kaplan , this is also in the news: NY Times, E.E.O.C. Sues Kaplan Over Hiring , Sending a sharp warning to employers nationwide, the Equal Employment Opportunity Commission sued the Kaplan Higher Education Corporation on Tuesday, accusing it of discriminating against black job applicants through the way it uses credit histories in its hiring process. . . . In the E.E.O.C.’s suit, which was filed in federal district court in Cleveland, the agency said that since at least January 2008, Kaplan had rejected job applicants based on their credit history, with a “significant disparate impact” on blacks. . . . The E.E.O.C. typically brings discrimination cases only when it is convinced that serious abuse has occurred. Resources: Demos: Student Loans and Student Loan Debt , links to Demos resources and research on this issue. The Project On Student Debt This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture . I am a Fellow with CAF. Sign up here for the CAF daily summary .

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New GOP Wave Pushes Business Lobbyist’s Wish List

December 24, 2010

JEFFERSON CITY, Mo. — Having won big in the fall elections, Republicans preparing to take over statehouses around the country are proposing to cut corporate taxes, weaken union clout and rewrite laws on discrimination, whistle-blowers and injured workers to the benefit of employers. In short, they intend to push through a business lobbyist’s wish list. And they plan to press ahead even though some of their ideas could, at least in the short term, cost their states desperately needed tax revenue. “It’s going to be a good year for businesses,” said Missouri Sen. Brad Lager, the commerce committee chairman in a state where Republicans won historic legislative majorities. When a new wave of politicians takes office in January, Republicans will hold a majority of governorships and their greatest number of state legislative seats since 1928 – giving them the muscle to enact the pro-business agenda they promised to voters concerned about high unemployment and an economy that has yet to make its big rebound following the Great Recession. But those pro-business policies are in some cases theories – not yet clearly proven to create jobs. And if they do work, they could take some time to produce the kind of growth that results in higher tax revenue for cash-strapped states. In the meantime, each new business tax break enacted could add to what the National Conference of State Legislatures forecasts to be an $83 billion shortfall for the upcoming budget year in about two-thirds of the states. Advocates for education and social services fear that will only deepen the short-term spending cuts coming their way. “We question if that pool of proposals are really business-friendly or not,” said Amy Blouin, executive director of the Missouri Budget Project, a nonprofit group that analyzes how fiscal policies affect low- and middle-income families. “We’re at the point where the result would actually be reductions in education, and businesses tend to care at least as much about the quality of education and communities and services as they do about the tax structure.” One of the first places to test the new pro-business push will be Wisconsin, where Republican Gov.-elect Scott Walker has promised to call the new GOP-led Legislature into an emergency session on his first day in office Jan. 3. Walker wants to lower taxes on businesses with fewer than 50 employees, impose new business-friendly limits on liability lawsuits and transform the state Commerce Department into a public-private partnership to lure companies to the state. “I think it’s basically put-up-or-shut-up time,” Walker said after his November election. “We have a mandate from the voters of the state, and it’s one we don’t take lightly.” In Michigan, voters elected the former chief operating officer of computer manufacturer Gateway Inc. to turn around a state that has consistently had one of the highest unemployment rates in the nation. Republican Gov.-elect Rick Snyder immediately chose the former president of the Michigan Economic Development Corp. to lead his transition team. “The business people we represent across the state are very excited about this change of leadership,” said Rich Studley, president and CEO of the Michigan Chamber of Commerce. Snyder wants to eliminate the Michigan Business Tax, which generates about $2.2 billion annually, and replace it with a lower corporate income tax projected to produce about $700 million for the state. Advocates for social services fear that could nearly double Michigan’s projected budget shortfall to more than $3 billion in the 2012 fiscal year. “Without any additional revenues, it’s hard to imagine filling that gap and not having just a devastating effect on social services and human services,” said Karen Holcomb-Merrill, the state fiscal policy director for the Michigan League for Human Services. In Iowa, Republican Gov.-elect Terry Branstad has said his plan to cut commercial property tax rates could cost the state up to $500 million over four years. The theory behind cutting corporate tax rates is that businesses will be more likely to locate or expand in a state if they can keep more of their profits. But the Congressional Budget Office has cast doubt on how much corporate tax cuts actually help stimulate the economy. A January 2008 report by the office said “increasing the after-tax income of businesses typically does not create an incentive for them to spend more on labor or to produce more,” because decisions on whether to increase production depends on their ability to sell the product. Such cuts haven’t helped yet in California, where outgoing GOP Gov. Arnold Schwarzenegger forced Democrats two years ago to accept corporate tax cuts that cost the state an estimated $2.5 billion a year in revenue. So far, there is little evidence the cuts created jobs – unemployment has remained a steady 12 percent since the summer of 2009 – or boosted revenue: The state’s lawmakers will again wrestle with a huge budget gap in 2011. The pro-business efforts extend beyond policies that will affect a state’s budget. In Oklahoma, where Republicans seized the governor’s office and increased their legislative majorities, incoming leaders such as Gov.-elect Mary Fallin want to lower workers’ compensation costs for businesses and overhaul the civil justice system to reduce liability insurance costs for doctors and businesses. In Missouri, GOP legislative leaders – who must work with a Democratic governor – want to rewrite laws governing lawsuits by alleged whistle-blowers and victims of discrimination and workplace injuries. They contend the current laws are unfair to businesses. And Missouri Sen. Rob Mayer – the likely next Senate leader – wants a “right to work” law that would prohibit union membership and fees from being a condition of employment. ___ Associated Press writers Scott Bauer in Madison, Wis., Kathy Barks Hoffman in Lansing, Mich., and Sean Murphy in Oklahoma City contributed to this report.

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Gold-Dispensing ATM Machine Makes Its Debut In America

December 17, 2010

BOCA RATON, Fla. — Shoppers who are looking for something sparkly to put under the Christmas tree can skip the jewelry and go straight to the source: an ATM that dispenses shiny 24-carat gold bars and coins. A German company installed the machine Friday at an upscale mall in Boca Raton, a South Florida paradise of palm trees, pink buildings and wealthy retirees. Thomas Geissler, CEO of Ex Oriente Lux and inventor of the Gold To Go machines, says the majority of buyers will be walk-ups enamored by the novelty. But he says they’re also convenient for more serious investors looking to bypass the hassle of buying gold at pawn shops and over the Internet. “Instead of buying flowers or chocolates, which is gone after two or three minutes, this will stay for the next few hundreds years,” Geissler told The Associated Press in a telephone interview. The company installed its first machine at Abu Dhabi’s Emirates Palace hotel in May and followed up with gold ATMs in Germany, Spain and Italy. Geissler said they plan to unroll a few hundred machines worldwide in 2011. He said the Abu Dhabi machine has been so popular it has to be restocked every two days. A bank in Vietnam installed its own brand of the machines in a country with a much poorer population but one that values gold more than paper money. The gold-leaf-covered machine at Boca Raton’s Town Center Mall sits outside a gourmet chocolate store and works much like the cash ATM beside it. Shoppers insert cash or credit cards and use a computer touch-screen to choose the weight and style they want. The machine spits out the gold in a classy black box with a tamperproof seal. Each machine, manufactured in Germany, carries about 320 pieces of different-sized bars and coins. Prices are refigured automatically every 10 minutes to reflect market fluctuations. On Friday, a two-gram piece cost about $122, including packaging, certification and a 5 percent markup. An ounce cost about $1,442. Buyer beware: A gram of the heavy metal is much smaller than you think, about the size of a fingernail. An ounce is a little larger than a quarter. Florence Schneider, who checked out the machine Friday, said she might use it, but only if she needed a unique gift. “I can’t see it being successful. Maybe for Christmas as a gimmick,” said the 78-year-old Boca Raton resident. “If I knew someone was having a big birthday coming up I’d buy it for something different.” Owners said the machine, which will hold around $150,000 in cash and gold, will be flanked by an armed bodyguard for now. Several live security cameras are fixed inside and outside the machine. The popularity of gold is cyclical, but it’s riding high these days in part because of fears stoked by financial troubles. Geissler, who plans to open a machine in Las Vegas by the year’s end, said the collapse of the Lehman Brothers investment firm was the impetus for the flashy ATMs. His customers refused to buy bonds, stocks and other funds from the financial industry, so they focused on precious metals. As some investors continued to lose faith in global finance markets, the company worked on the gold-leaf finished ATM, banking that the protection of purchasing power found in gold would lure market leery customers. “Gold always comes back to its real value,” Geissler said. “It’s not diamonds, it’s not silver, it’s not real estate. It’s just gold.” Dave Jones, who brokered the deal to bring the machines to the U.S., predicts gold will become a parallel currency in the next five years. He said they plan to install about 40 more machines at upscale malls and hotels around the U.S. “Gold has a place in everyone’s portfolio,” said Jones, of Boca Raton-based PMX Gold. “It’s a good hedge against inflation and it’s a good comfort level.” ___ Associated Press writer Suzette Laboy contributed to this report. ___ Online: Gold To Go: http://www.gold-to-go.com/en/

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Gold-Dispensing ATM Machine Makes Its Debut In America

December 17, 2010

BOCA RATON, Fla. — Shoppers who are looking for something sparkly to put under the Christmas tree can skip the jewelry and go straight to the source: an ATM that dispenses shiny 24-carat gold bars and coins. A German company installed the machine Friday at an upscale mall in Boca Raton, a South Florida paradise of palm trees, pink buildings and wealthy retirees. Thomas Geissler, CEO of Ex Oriente Lux and inventor of the Gold To Go machines, says the majority of buyers will be walk-ups enamored by the novelty. But he says they’re also convenient for more serious investors looking to bypass the hassle of buying gold at pawn shops and over the Internet. “Instead of buying flowers or chocolates, which is gone after two or three minutes, this will stay for the next few hundreds years,” Geissler told The Associated Press in a telephone interview. The company installed its first machine at Abu Dhabi’s Emirates Palace hotel in May and followed up with gold ATMs in Germany, Spain and Italy. Geissler said they plan to unroll a few hundred machines worldwide in 2011. He said the Abu Dhabi machine has been so popular it has to be restocked every two days. A bank in Vietnam installed its own brand of the machines in a country with a much poorer population but one that values gold more than paper money. The gold-leaf-covered machine at Boca Raton’s Town Center Mall sits outside a gourmet chocolate store and works much like the cash ATM beside it. Shoppers insert cash or credit cards and use a computer touch-screen to choose the weight and style they want. The machine spits out the gold in a classy black box with a tamperproof seal. Each machine, manufactured in Germany, carries about 320 pieces of different-sized bars and coins. Prices are refigured automatically every 10 minutes to reflect market fluctuations. On Friday, a two-gram piece cost about $122, including packaging, certification and a 5 percent markup. An ounce cost about $1,442. Buyer beware: A gram of the heavy metal is much smaller than you think, about the size of a fingernail. An ounce is a little larger than a quarter. Florence Schneider, who checked out the machine Friday, said she might use it, but only if she needed a unique gift. “I can’t see it being successful. Maybe for Christmas as a gimmick,” said the 78-year-old Boca Raton resident. “If I knew someone was having a big birthday coming up I’d buy it for something different.” Owners said the machine, which will hold around $150,000 in cash and gold, will be flanked by an armed bodyguard for now. Several live security cameras are fixed inside and outside the machine. The popularity of gold is cyclical, but it’s riding high these days in part because of fears stoked by financial troubles. Geissler, who plans to open a machine in Las Vegas by the year’s end, said the collapse of the Lehman Brothers investment firm was the impetus for the flashy ATMs. His customers refused to buy bonds, stocks and other funds from the financial industry, so they focused on precious metals. As some investors continued to lose faith in global finance markets, the company worked on the gold-leaf finished ATM, banking that the protection of purchasing power found in gold would lure market leery customers. “Gold always comes back to its real value,” Geissler said. “It’s not diamonds, it’s not silver, it’s not real estate. It’s just gold.” Dave Jones, who brokered the deal to bring the machines to the U.S., predicts gold will become a parallel currency in the next five years. He said they plan to install about 40 more machines at upscale malls and hotels around the U.S. “Gold has a place in everyone’s portfolio,” said Jones, of Boca Raton-based PMX Gold. “It’s a good hedge against inflation and it’s a good comfort level.” ___ Associated Press writer Suzette Laboy contributed to this report. ___ Online: Gold To Go: http://www.gold-to-go.com/en/

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iPhone Secrets Among Tips That Led To Arrests

December 16, 2010

NEW YORK — Federal prosecutors in Manhattan broadened their insider trading crackdown Thursday, arresting four people on charges alleging that so-called “expert consultants” revealed secrets about Apple Inc.’s iPhone and other technology products to hedge funds seeking a trading edge on quarterly earnings reports. The latest probe targeted Primary Global Research, a Mountain View, Calif.-based firm that offered consulting services to investors on industry trends, issues and regulations. Instead, prosecutors allege, firm executive James Fleishman used four consultants employed by publicly traded companies to create a corrupt clearinghouse for confidential information. Fleishman, 41, was charged with wire fraud and conspiracy. Three others, all outside “expert consultants” for Primary Global Research until earlier this year, were charged with wire fraud and conspiracy to commit securities fraud and wire fraud, according to papers filed in federal court in Manhattan. Fleishman helped arrange for Primary Global Research clients, including hedge funds, to speak with the consultants, the papers said. The clients were told about highly confidential Apple sales forecasts information, new product features for the iPhone and a top-secret project known internally at Apple as “K48,” which became the iPad, launched this year, the complaint said. The charges allege that a “corrupt network of insiders at some of the world’s leading technology companies served as so-called ‘consultants’ who sold out their employers by stealing and then peddling their valuable inside information,” U.S. Attorney Preet Bharara said in a statement. He said the allegations describe criminal conduct that went “well beyond any legitimate information-sharing or good faith business practice.” Primary Global Research paid four consultants more than $400,000 merely to participate in phone calls with their clients, “an indication of the value placed on the information,” said FBI Assistant Director Janice K. Fedarcyk. “This wasn’t market research. What the defendants did was purchase and sell insider information,” Fedarcyk said, adding: “Our investigation is most assuredly continuing.” The three consultants charged were Mark Anthony Longoria, 44, of Round Rock, Texas; Walter Shimoon, 39, of San Diego; and Manosha Karunatilaka, 37, of Marlborough, Mass. The prosecution is an offshoot of a probe of Galleon Funds founder Raj Rajaratnam and 22 others in which prosecutors made extensive use of wiretaps, which are more common in drug and organized crime investigations. Rajaratnam has pleaded not guilty and said he only traded with information available to the public. On wiretaps used to build evidence against those arrested Thursday, Fleishman and Longoria could be heard speaking about the Galleon probe, with Fleishman assuring Longoria that Galleon was not a client, according to court papers. The complaint said Longoria responded: “OK. Good. I wasn’t sure. I was, like, really getting nervous.” Richard Choo-Beng Lee, a former hedge fund co-manager who has pleaded guilty and is cooperating with the government, made some of the recordings, the complaint said. Investigators have learned from Lee that his hedge fund’s “practice was to have its employees call a firm consultant before the consultant’s employer was expected to release its quarterly earnings, in part to obtain inside information,” the complaint said. Longoria worked at Advanced Micro Devices Inc. as a supply chain manager, Shimoon worked at Flextronics International Limited as senior director of business development and Karunatilaka worked as an account manager at Taiwan Semiconductor Manufacturing Co. office in Burlington, Mass. The complaint said Shimoon illegally provided information about sales forecasts and new product features for Apple’s iPhone that had been given to employees of Flextronics, which worked with Apple on camera and charger components for the iPhone and iPod. It said he also spoke of the iPad project, saying on secretly recorded conversations with a government cooperating witness: “At Apple you can get fired for saying K48 … outside of a meeting that doesn’t have K48 people in it. That’s how crazy they are about it.” The complaint said Shimoon was also captured on wiretaps promising to get secrets about sales at Research In Motion Ltd., which makes Blackberrys. Shimoon has been terminated and Flextronics has clear policies prohibiting the release of confidential information about the company and its business partners, Flextronics said in a statement. It was not immediately clear who would represent Shimoon at an initial court appearance. For Karunatilaka, bail was set at $250,000 after an initial appearance in federal court in Boston. He was expected to be released Thursday. His lawyer, Brad Bailey, said he was reviewing the allegations against his client and would decide how to proceed. He said it was likely Karunatilaka would appear in Manhattan court sometime in January. Longoria appeared before U.S. Magistrate Judge Andrew W. Austin, Texas, who ordered him released on $50,000 unsecured bond and told him to surrender his expired passport. When asked if he was a flight risk, a tearful Longoria said no. “I’m not trying to fight this. I’m here to help. I’ve been cooperating on this from the beginning,” Longoria said. Longoria resigned Oct. 22 from AMD, where he had worked since 2007, said Mike Silverman, a company spokesman. “It appears that AMD is the victim of an insider trading scheme,” Silverman said. He added that AMD was cooperating with investigators. A lawyers for Fleishman did not return phone calls for comment. A fourth consultant for Primary Global Research, former Dell global supply manager Daniel Devore, pleaded guilty Dec. 10 to wire fraud and conspiracy charges in a cooperation deal that could win him leniency at sentencing, prosecutors also announced. His lawyer, John Sutton, declined to comment Thursday. In his plea, Devore told a judge that Primary Global Research paid him about $145,000 to share inside information with the firm’s clients and employees. “I knew that when I was misappropriating Dell’s confidential information and providing it to money managers, I was violating my duties of confidentiality and trust to Dell,” he said, according to a transcript. David Best, a Dell spokesman, said the company would cooperate with authorities. ___ Associated Press Writer Larry Neumeister in New York and AP Technology writers Jordan Robertson in San Francisco and Jessica Mintz in Seattle contributed to this report.

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Bernie Madoff Won’t Attend Son’s Funeral

December 13, 2010

NEW YORK — Imprisoned financier Bernard Madoff won’t seek to attend his son’s funeral out of consideration for the privacy of his son’s wife and four children, his lawyer said Monday. Attorney Ira Sorkin said Madoff instead will mourn privately at the North Carolina prison where he’s serving a 150-year sentence for his fraud conviction in what authorities have called history’s largest Ponzi scheme. Madoff’s older son, Mark Madoff, 46, hanged himself early Saturday in his Manhattan apartment two years after his father was arrested on charges that he cheated thousands of people out of tens of billions of dollars. Sorkin declined to say whether Madoff considered asking to attend his son’s funeral. The lawyer would say only: “Mr. Madoff will not be attending the funeral out of consideration for his daughter-in-law’s and grandchildren’s privacy. He will be conducting a private service on his own where he is presently incarcerated.” Sorkin commented a day after the city medical examiner’s office formally ruled Mark Madoff’s death a suicide. Madoff was found hanging from a dog leash in his apartment. His 2-year-old son was found asleep in an adjacent room. Madoff’s body hadn’t been picked up from the medical examiner’s office for burial as of Monday, office spokeswoman Ellen Borakove said. The death came while the Madoff family faced increased scrutiny in the days before the two-year anniversary of Bernard Madoff’s arrest as a court-appointed trustee trying to recover money for investors filed dozens of lawsuits to meet a filing deadline. The actions of Mark Madoff, along with those of his brother, Andrew Madoff, and his uncle Peter Madoff, have been studied by investigators trying to learn how Bernard Madoff was able to carry out such a large fraud without a wider circle of people knowing about it. Madoff’s brother and sons all held management positions at the family investment business. In November 2008, Madoff informed investors that their initial investment of roughly $20 billion had more than tripled in value. Just days later, Madoff confessed to his sons that the investment business was a sham and that he had only several hundred million dollars of investors’ money left. In court papers, a lawyer for the sons has portrayed his clients as whistle-blowers who alerted authorities as soon as their father revealed the fraud to them. Neither son, nor Madoff’s brother, was charged criminally, and authorities have said no charges are imminent. Mark Madoff was remembered fondly by former classmates Monday. Lev Seltzer, reached by telephone in Israel, where he now lives, recalled working with Madoff on a sixth-grade assignment at a Long Island school to create a fake television commercial. He said the ad mocked a long-running Life cereal commercial that featured a boy named Mikey who hated everything else but liked the cereal. “Instead of Mikey, we had Marky,” Seltzer said. Doreen Hebron said Madoff was “very popular,” dressed well and had a good attitude. ___ Associated Press writer Frank Eltman contributed to this report.

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Mark Madoff Suicide: Bernie Madoff’s Son Found Hanged In NYC Apartment

December 11, 2010

NEW YORK — One of Bernard Madoff’s sons was found dead of an apparent suicide Saturday on the second anniversary of his father’s arrest, according to police and a lawyer for the family. Mark Madoff, 46, was found dead in his apartment in Manhattan’s fashionable SoHo section, according to police department spokesman Paul Browne. A relative notified police around 7:30 a.m. “Mark Madoff took his own life today. This is a terrible and unnecessary tragedy,” his lawyer, Martin Flumenbaum, said in a written statement. His body was found hanging from a dog leash that had been fashioned into a noose and strung over a pipe in the ceiling of his living room, according to a law enforcement official. The official was not authorized to speak publicly about the case and spoke to The Associated Press on the condition of anonymity. “Mark was an innocent victim of his father’s monstrous crime who succumbed to two years of unrelenting pressure from false accusations and innuendo. We are all deeply saddened by this shocking turn of events,” Flumenbaum said. Mark Madoff and his brother, Andrew, were under investigation but hadn’t faced any criminal charges in the massive Ponzi scheme that led to their father’s jailing. Bernard Madoff swindled a long list of investors out of billions of dollars and is serving a 150-year prison term in North Carolina. He was arrested on Dec. 11, 2008, after confessing his crimes to his family. Madoff’s sons, according to the family’s attorneys, were the ones who turned him in. The scandal put a harsh light on members of the family. The financier’s brother, Peter, played a prominent role in the family’s company. Mark and Andrew Madoff both worked on a trading desk at the firm, on a side of the business that wasn’t directly involved in the Ponzi scheme. In February, Mark Madoff’s wife, Stephanie, petitioned a court to change her last name and the last names of their two children, saying her family had gotten threats and was humiliated by the scandal. Law enforcement officials told The Associated Press that Mark Madoff’s wife, who is in Florida, became concerned about her husband after getting a communication from her husband either Friday night or early Saturday morning suggesting that someone should check on their two-year-old child. She asked her father to check on the home. When he arrived, he found the two-year-old sleeping safely in his bedroom, as well as the body. A dog in the apartment was also unharmed. A call to Bernard Madoff’s attorney was not immediately returned Saturday. Calls to the FBI and U.S. Attorney’s office were also not immediately returned. Previously, spokespeople for the brothers had repeatedly denied that they had any knowledge of their father’s crimes. A year ago, the court-appointed trustee trying to unravel Madoff’s financial affairs sued several relatives, including Peter, Mark and Andrew, accusing them of failing to detect the fraud while living lavish lifestyles financed with the family’s ill-gotten fortune. The lawsuit accused Mark Madoff of using $66 million he received improperly to buy luxury homes in New York City, Nantucket and Connecticut. Police investigators were at Madoff’s apartment Saturday morning, along with officials from the medical examiner’s office, which will determine the cause of death. ___ Associated Press writers Tom Hays and Verena Dobnik contributed to this report.

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Yvette Kantrow: Polishing the Dimon

December 10, 2010

The media has always loved Jamie Dimon. After all, he turned around Bank One Corp., kept J.P. Morgan Chase & Co. profitable through one of the worst financial crises in history and helped the government save Bear Stearns Cos. and Washington Mutual from oblivion. And he did it all after being cast out of Citigroup by his longtime father figure and mentor, the now-reviled Sandy Weill. How wonderfully Shakespearean. These days, of course, loving a banker is no easy task — even one who might remind you of Hamlet and who started to sound the alarm on subprime mortgages before his rivals. After being severely chastised for failing to call the bubble because it was too busy cozying up to its pinstriped sources, the media now takes it on faith that pretty much all bankers — except those who toil at the Bailey-esque small bank down the street — are to blame for our economic woes. The profession’s notoriety is so complete that John Cassidy, writing in The New Yorker, deemed much of what investment bankers do as “socially worthless.” But Dimon’s reputation remains intact, perhaps even enhanced, as evidenced by his recent gracing of the cover of The New York Times Magazine, which dubbed him “America’s Least-Hated Banker.” That headline might be ambiguous, but the accompanying story, by Roger Lowenstein, is not. Like much of the Dimon hagiography that preceded it, the piece celebrates Dimon’s famous aversion to risk, his immersion in details, his passion for organization and his blunt-talking ways. And while it allows that Americans now display “a sort of Jacksonian animosity toward big financial institutions,” it notes that Dimon is the exception to this rule, mostly because he kept J.P. Morgan, and every business he has ever run, out of serious danger. But is it really that simple? Is what Lowenstein calls Dimon’s “radar for trouble” enough to keep him on the right side of a media that routinely calls for a Wall Street CEO perp walk? “The country is deeply divided over the proper role, and the size, of banks, and nothing epitomizes these tensions like the narrative of Jamie Dimon,” the piece intones. But Dimon doesn’t just epitomize these “tensions,” he epitomizes much of what the country dislikes about big banks. In fact, the very virtues the press constantly praises in Dimon — his cost cutting, his wonkiness, his blunt speech, his faith in the virtue of banking behemoths — we find reprehensible in everyone else, including, most strikingly, his old mentor, Weill. Indeed, in the Times piece, when Dimon spouts his Wal-Mart theory of banking — that just as people want to buy lettuce and TVs under one roof they want to visit one financial institution for credit cards and mortgages — an impressed Lowenstein writes that “few people think of banks this way.” Really? Weill thought about and talked about banks that way constantly, as did any number of proponents of so-called supermarket banking — an idea that, thanks to the crisis, has fallen into ill repute. But when uttered by Dimon, the concept is treated as not just novel, but fascinating. “It is an intriguing comparison,” Lowenstein writes of likening Chase to Wal-Mart. “This is how Dimon wants to be seen — as a retailer with 5,200 branches nationwide whose products happen to be financial services.” That’s also how Weill wanted to be seen, but it didn’t quite work out for him as Citi grew too large and discombobulated to be effectively managed. The story does not discuss that, however, choosing instead to boil down Citi’s myriad problems to “hubris” and to Weill’s failure to name a capable successor — someone like Dimon, we assume. So far, things are working out for Dimon, whom Lowenstein describes as “trim” and somewhat “boyish” with “a puckish, faintly suppressed grin” — features that surely help bolster his reputation almost as much as J.P. Morgan’s balance sheet. Contrast this to how Lowenstein portrayed Weill in an August 2000 cover story, also for the Times magazine: The then-Citi CEO was described as “superficially ordinary,” “moderately articulate,” “lacking in grace,” “exploding” and “screaming.” (The story was so unflattering to Weill, who was then at his peak, that it prompted The New York Observer to wonder about anti-Semitism.) But for all of Dimon’s success, is it still enough to grant him an exception to the media’s general disdain for big bank CEOs? After all, he’s not going to run J.P. Morgan forever. And, like any mere mortal, past performance is no guarantee of future success. Yvette Kantrow is executive editor of The Deal magazine.

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New Compromise On Tax Cut Bill May Pave Way For Passage

December 10, 2010

WASHINGTON — The White House and key lawmakers cleared the way Thursday night for swift Senate action to avert a Jan. 1 spike in income taxes for nearly all Americans, agreeing to extend breaks for ethanol and other forms of alternative energy as part of the deal. Tax provisions aimed at increasing production of hybrid automobiles, biodiesel fuel, energy-efficient homes, coal and energy-efficient household appliances would be extended through the end of 2011 under the bill. Debate on the expanded measure began almost immediately. While there is no precise timetable for passage, a test vote was set for Monday afternoon that appears likely to demonstrate overwhelmingly support for the legislation, which supporters say would help accelerate a sluggish recovery from recession. The events unfolded as the White House predicted that the agreement between President Barack Obama and top Republicans would clear by year’s end – even though House Democrats voted Thursday not to allow it to reach the floor without changes to scale back tax relief for the rich. “If it’s take it or leave it, we’ll leave it,” said Rep. Lloyd Doggett, D-Texas, after a closed-door meeting in which rank-and-file Democrats chanted, “Just say no.” “The deal will get passed,” said presidential press secretary Robert Gibbs. There were no predictions to the contrary among senior Democrats on either side of the Capitol. As announced by Obama on Monday, the deal would extend tax breaks at all income levels that are due to expire on Jan. 1, renew a program of jobless benefits for the long-term unemployed that is due to lapse within days and implement a one-year cut in Social Security taxes. At the insistence of Republicans, it also includes a more generous estate tax provision. That, in turn, infuriated Democrats already unhappy with Obama for agreeing to extend personal tax cuts at incomes over $200,000 for individuals and $250,000 for couples. The two-year cost of the plan, estimated at about $850 billion, would further swell record federal deficits. Despite significant criticism from fellow Democrats, Obama has said the sweeping measure is necessary to help the struggling economy recover from the worst recession in decades. With unemployment at 9.8 percent, a top White House official warned Democratic critics Tuesday they risk sending the economy back into recession if they block the measure. In the Senate, the emergence of bipartisan legislation also indicated progress for the White House and Senate Majority Leader Harry Reid, D-Nev., toward possible year-end passage of other major items on their agenda. Obama has made ratification of a new arms control treaty with Russia a top priority. The White House is also pressing Reid to try once more to end the Pentagon’s 17-year ban on openly gay members of the military. Republicans have vowed to block action on all legislation until a tax bill and a year-end government spending bill have been resolved. Senate Republican leader Mitch McConnell has said he expects most of his rank and file to support the huge tax bill. Prominent House Republicans back it, too, although they have generally refrained from speaking out at a time when doing so would divert attention from the spectacle of Obama at odds with lawmakers of his own party. Rep. John Boehner of Ohio, in line to become House speaker when Republicans take power in January, “supports the framework as agreed to by” Obama and McConnell and spoke with the president about it over the weekend, a spokesman said Thursday. Rep. Paul Ryan of Wisconsin, whose views on economic issues are influential among House Republicans, also swung behind it. “While I have concerns with some specific aspects of the plan, I support the proposed framework to avert further economic hardship and provide a first step to restore the foundations for sustained growth and job creation,” he said in an interview. Among the energy tax provisions added was an extension of the current 45-cent per gallon subsidy for ethanol, at a cost to the Treasury estimated at nearly $5 billion. The issue is of particular interest to lawmakers from Midwestern states with grain crops. The changes did nothing to ease the opposition among some critics, though. Liberal Sen. Bernie Sanders, I-Vt., attacked the measure’s tax breaks for the wealthy as a threat to the middle class. The energy-related tax provisions will presumably increase support for the measure in the House, officials said Democrats there are eager to see a scaling back of a provision that would allow estates as large as $5 million escape taxation. Speaker Nancy Pelosi, D-Calif., said, “That was a bridge too far for many of our members” already upset about Obama’s decision to bow to Republican demands for extending tax cuts on individuals making over $200,000 and couples earning more than $250,000. Under the estate tax provision, the first $5 million of a couple’s estate could pass to heirs without taxation, and an additional $5 million for the spouse. The balance would be subject to a 35 percent tax rate. According to a Tax Policy Center estimate based on census data, that would mean only about 3,500 estates would be liable for taxes in 2011, out of more than 2.5 million forecast to be filed. Barring legislation, about 44,000 estates would be subjected to taxation in 2011, the groups said. Some Democratic officials suggested a relatively minor change to the estate tax portion of the Obama-GOP deal might assuage critics of the plan. If accepted, however, it could come at a price in the form of additional concessions to Republicans, several officials said. Vice President Joe Biden has told Democrats in closed-door meetings this week that they are free to oppose the agreement but it might unravel if they do, according to officials familiar with the discussions. Whatever the disagreement over the economic wisdom of renewing tax cuts for the wealthy, the legislation also marks the emergence of a new era of divided government following midterm elections in which the Republicans won power in the House and gained seats in the Senate. Privately, several House Democrats complained that the White House had not consulted them while negotiating a deal with McConnell. The House passed a measure last week that would have let the tax cuts lapse at higher incomes, but Senate Republicans blocked it on Saturday – with the knowledge the president had already agreed he was ready to sign a measure that was more to their liking. Democrats and Republicans have spent two years gridlocked over the question of extending the expiring tax cuts, and Obama has characterized his compromise with Republicans as a temporary, two-year concession on a policy he opposes. House and Senate Democrats debated privately in the weeks before the elections whether to hold votes on the issue. They decided not to at that time after lawmakers who were seeking re-election said they would prefer not to have go on record if it meant Republicans would attack them for raising taxes on small businesses. ___ Associated Press writers Charles Babington and Stephen Ohlemacher contributed to this report.

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Larry Summers: If Tax Deal Goes Down There’s A ‘Significant Risk’ Of A Double Dip Recession

December 8, 2010

Senior White House officials significantly raised the stakes on congressional Democrats in their efforts to get a deal passed on the Bush tax cuts, warning on Wednesday that inaction would “significantly increase the risk” of a double dip recession. It wasn’t quite the metaphorical flare of mushroom cloud imagery, but outgoing senior economic adviser Larry Summers offered a fairly dire assessment of the stakes in the tax cut debate. “If they [Democrats] don’t pass this bill in the next couple weeks it will materially increase the risk that the economy would stall out and we would have a double dip,” he told a gathering of reporters at an off camera briefing. A double dip recession? “What I said it would significantly increase the risk,” Summers replied. The message was hardly subtle. But it certainly was debatable. Summers himself, downplayed the significance of continuing the Bush tax cuts back in September — though he was speaking, then, about the rates for the rich and the tax cut deal, at that point in time, did not include money for a 13-month extension of unemployment insurance or other tax incentives to help lower income workers. Asked whether the country would find itself dipping towards the economic doldrums if Congress waited a month or two to get a tax cut package passed, Rob Shapiro, a former commerce official in the Clinton White House and a proponent of the current tax cut deal, offered more sober-minded analysis. “The wait would not cause a double dip,” he said. “A double dip would come out of the reality of a relatively contractionary fiscal policy… I do think the deal that they announced is stimulative. And it ought to boost growth by some increment… But the issue is, that the deal certainly is not enough to lift the economy to a different place. Will we see what happened with the large stimulus happen here, which is once the stimulus is over the economy returns to slow growth? That’s the danger. And I keep on saying this, the single most important thing they can do to avert that is to stabilize housing prices.” Stabilizing the housing market, however, is not on the current congressional docket. And on Wednesday, the White House began a robust process of selling the deal to Democrats — skeptical, as they are, about an extension of Bush tax cuts for the wealthy and a generous revision of the estate tax. There were few carrots to go along with the sticks. Asked, for instance, if the White House would be willing to revise the informal compromise to bring more Democratic lawmakers on board, White House Press Secretary Robert Gibbs said any changes would be fine, so long as they didn’t result in decreased support. Then he cautioned: “The physics and the blood and the sweat that might be involved in that, I’m not entirely sure I would put it quite as simply as that.” If anything, the pitch being offered from the administration to the rest of the party was: take the package now or risk being blamed for an economic downturn. “I guess the question back for those who ask [why not fight for more] is where does this go, what is the end game and what are the consequences of playing it?” said senior adviser David Axelrod. “Do they have a sense of how this ends and how long will that take, because as Larry said there are real consequences to that. Just as the forecasts went up on the basis of this agreement they will go down if this agreement fails. That we know. We know that on January 1 people’s taxes will go up, we know that at the end of this month 2 million people will lose their unemployment insurance. And so there are real consequences to that decision. We, I think we all stipulate, the president did, no one likes those provisions that they dislike but on the other side of the ledger are significant things that will help people and help the economy. And what we know for sure is that without any of it we are facing a really difficult situation.” Added Gibbs: “I think you would really have to ask somebody who says… lets have some eight week fight and on February the 15th come in and say, alright, now we are ready to make a compromise, who on earth, who on earth thinks that that is somehow going to be a fundamentally better agreement than the one we are looking at right now? No one I have ever talked to.”

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Michael Wenger: The People Who Need This Deal

December 8, 2010

The current outrage among progressives about the tax deal negotiated by President Obama and Republicans reminds me of a philosophical debate we used to have when I was an anti-poverty community organizer in the late 1960s in southern West Virginia. Most organizers were idealistic middle-class college students or recent college graduates who were convinced they were on the side of the angels in trying to change a system that unfairly condemned the powerless to a daily struggle for economic survival while those with political and economic power wielded their power for personal gain at the expense of the powerless. We believed passionately that compromise equaled “selling out” and that it was better to fail while standing on principle than to take half a loaf. But while we could and would trade our community organizing efforts for economically secure careers after a few years, those who were struggling to put food on their tables, a roof over their family’s head, and clothes on their children’s backs were less interested in changing the system than they were in making it to the next day. To them, as President Obama alluded to in his press conference, an abstract debate about principle was a luxury they couldn’t afford. That’s what progressives need to keep in mind over the next few days as this deal moves toward a vote in Congress. I stand with progressives in disliking this deal. By telegraphing his willingness to compromise before the negotiations even began, President Obama significantly weakened his position. Thus, Republicans knew they didn’t have to budge on the tax cuts for the rich. Nonetheless, it is difficult for me to see how progressives can justify a no vote on the deal if they really care about their middle and working-class constituents. First, a close look at the deal reveals that it is heavily weighted on the side of the middle and working class. Of the approximately $990 billion that this deal is expected to cost, $79 billion is a result of tax cuts for the wealthy. Add another $68 billion for the estate tax changes, and you have a total of $147 billion wasted on the rich. That’s not chump change, but it amounts to less than 15% of the total. On the other hand, the total cost of extending middle income tax cuts and unemployment compensation benefits, providing a one-year payroll tax holiday, indexing the alternative minimum tax for inflation, and extending the earned income tax credit, the child tax credit and the college tuition deduction amounts to $617 billion, or more than 60% of the total. The remaining $226 billion is for business incentives for capital investments and for research and development. In sum, this doesn’t seem like such a bad deal. Second, and more important, failing to pass this deal means sticking it to out-of-work parents who need the unemployment compensation check to make it into next week, to students who need the college tuition break to make into the next semester, and to the working poor who need the Earned Income Tax Credit to make ends meet. To those who argue that if we hold out and stand on principle, we can get a better deal, I would remind them that they’re not the ones at risk. They will still be able to dine out at their favorite restaurant, return to a comfortable home, write a check for the rent or the mortgage, and fall asleep under their electric blanket. If their strategy fails, no harm done — to them. From a strictly political point of view, this is not a bad deal either. First, by putting more money in the pockets of those who will spend it quickly and by providing additional incentives for business, it clearly will help to strengthen the economy, which is, after all, the key to the President’s re-election prospects. Second, passage of this deal will open the door to possible votes during the lame duck session on the Dream Act, the Start Treaty, and “don’t ask, don’t tell.” Third, when the 2012 election comes around, Democrats will be able to point to the blatant Republican hypocrisy about the deficit, and with the economy stronger, they’ll be able to puncture the Republican argument that we shouldn’t raise anybody’s taxes in an economic downturn. Progressives may feel that extending tax cuts for the rich is immoral and that the president could have gotten a better deal. In my opinion, they are correct. But they didn’t have the courage to bring the tax cut extension to a vote before the mid-term elections, when they might have succeeded in getting a better deal. So, as they ponder their vote while seeking to get out of town in time to be able to spend Christmas opening presents with their families, they should think about those who will spend a present-less Christmas choosing between heating their home, if it hasn’t already been foreclosed, and feeding their kids. Those are the people who need this deal, and they need it now. The views expressed here are solely those of the author.

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WATCH: Bernanke Defends Bond Buys On ’60 Minutes’, Says Years Until ‘Normal’ Unemployment

December 6, 2010

WASHINGTON (Associated Press) — Federal Reserve Chairman Ben Bernanke is stepping up his defense of the Fed’s $600 billion Treasury bond-purchase plan, saying the economy is still struggling to become “self-sustaining” without government help. In a taped interview with CBS’ “60 Minutes” that aired Sunday night, Bernanke also argued that Congress shouldn’t cut spending or boost taxes given how fragile the economy remains. The Fed chairman said he thinks another recession is unlikely. But he warned that the economy could suffer a slowdown if persistently high unemployment dampens consumer spending. The interview is part of a broad counteroffensive Bernanke has been waging against critics of the bond purchase plan the Fed announced Nov. 3. The purchases are intended to lower long-term interest rates, lift stock prices and encourage more spending to boost the economy. WATCH: Critics, from Republicans in Congress to some officials within the Fed, say they fear the Fed’s intervention could spur inflation and speculative buying on Wall Street while doing little to aid the economy. On other issues in the “60 Minutes” interview, Bernanke: _ Argued that unemployment would have been far higher – “something like it was in the Depression, 25 percent” – had the Fed not provided extraordinary aid to Wall Street firms, banks and other companies to ease a credit crisis. _ Said it could take four or five more years for unemployment, now at 9.8 percent, to fall to a historically normal 5 percent or 6 percent. _ Reiterated that the Fed is prepared to buy even more than $600 billion in Treasury bonds over the next eight months, should it decide the economy needs the fuel of even lower interest rates. _ Argued that the risk of inflation is overblown. Bernanke said he’s “100 percent” confident the Fed will be able to ward off inflation, when the time is right, by raising interest rates and unwinding its stimulative programs. _ Called the risk of deflation – a prolonged drop in prices, wages and the values of homes and stocks – “pretty low.” He said the likelihood would have been greater if the Fed weren’t maintaining super-low interest rates. _ Urged Congress to improve the nation’s tax code “by closing loopholes and lowering rates” for individuals and companies. He said doing so would create greater incentives for people to invest. Critics who fear the Fed is raising the risk of inflation have complained that its bond purchases mean the Fed is, in effect, printing more money. In the interview, Bernanke called that a “myth.” He insisted the Fed isn’t printing money when it buys Treasurys and said the program won’t expand the amount of money in circulation in a “significant way.” Lou Crandall, chief economist at Wrightson ICAP, said Bernanke is right that the Fed’s purchases won’t significantly change the amount of money circulating in the economy. That’s mainly because banks aren’t lending most of the money they already hold in reserve. When the Fed buys Treasurys, it increases the reserves in the banking system. For those reserves to actually “create” money, the banks would have to lend it. Still, Crandall suggested that the bond-buying program creates the appearance of printing money, something that could put the central bank’s credibility at stake. Bernanke’s apperance Sunday night is part of a public-relations blitz he’s mounted since the Fed announced the program Nov. 3. In private and public appearances, Bernanke has sought to explain and defend the program to ordinary Americans, investors and lawmakers on Capitol Hill. His efforts have included an Op-Ed article in The Washington Post and discussions with students in Jacksonville, Fla., economists in Jekyll Island, Ga., business people in Columbus, Ohio, central bankers in Europe and members of the Senate Banking Committee. Criticism has come from both home and abroad. Officials in China, Germany, Brazil and other countries have argued that the Fed’s plan is a scheme to give U.S. exporters a competitive edge by keeping the value of the dollar weak. A weak dollar makes U.S. goods cheaper abroad and foreign goods more expensive in the U.S. It’s rare for a sitting Fed chairman to grant an interview, whether for broadcast or print. But this was Bernanke’s second appearance on “60 Minutes.” His first was in March 2009. At the time, he was facing anger over Wall Street bailouts and rising anxiety about the economy. In the interview that aired Sunday, Bernanke pointed out that the economy is growing at an annual pace of around 2.5 percent – far too slow to reduce unemployment. For a self-sustaining recovery, consumers and businesses would need to spend more, so the economy could grow faster. Bernanke has said he hopes the Fed’s bond-buying program will help lift stock prices. In part, that’s because lower yields on bonds would cause some people to shift money into stocks and also because lower corporate bond rates will spur business investment. Higher stock prices would boost the wealth and confidence of individuals and businesses. Spending would rise, lifting incomes, profits and economic growth. Bernanke has referred to this as a “virtuous cycle.” Asked whether the recovery is self-sustaining, Bernanke responded: “It may not be. It’s very close to the border.” Given the economy’s still-weak growth, he said: “We’re not very far from the level where the economy is not self-sustaining.”

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BP Challenge To Oil Spill Size Could Affect Fine

December 4, 2010

WASHINGTON — BP is mounting a new challenge to the U.S. government’s estimates of how much oil flowed from the runaway well deep below the Gulf of Mexico, an argument that could reduce by billions of dollars the federal pollution fines it faces for the largest offshore oil spill in history. BP’s lawyers are arguing that the government overstated the spill by 20 to 50 percent, staffers working for the presidential oil spill commission said Friday. In a 10-page document obtained by The Associated Press, BP says the government’s spill estimate of 206 million gallons is “overstated by a significant amount” and the company said any consensus around that number is premature and inaccurate. The company submitted the document to the commission, the Justice Department and the National Oceanic and Atmospheric Administration. “They rely on incomplete or inaccurate information, rest in large part on assumptions that have not been validated, and are subject to far greater uncertainties than have been acknowledged,” BP wrote. “BP fully intends to present its own estimate as soon as the information is available to get the science right.” In a statement Friday, the company said the government’s estimates failed to account for equipment that could obstruct the flow of oil and gas, such as the blowout preventer, making its numbers “highly unreliable.” BP’s request could save it as much as $10.5 billion or as little as $1.1 billion, depending on factors such as whether the government concludes that BP acted negligently. For context, the U.S. Environmental Protection Agency’s entire federal budget for 2010 was $10.3 billion. President Barack Obama has said he wants Congress to set aside some of the money BP pays for fines for the Gulf’s coastal restoration. Louisiana lawmakers are pushing legislation that would require at least 80 percent of the civil and criminal penalties charged to BP, and possibly other companies, to be returned to the Gulf Coast. William K. Reilly, co-chairman of the presidential commission, expressed amazement at BP’s case Friday. Reilly headed the Environmental Protection Agency under President George H.W. Bush. “They are going to argue that it is 50 percent less” than the government’s total? Reilly asked. “Wow.” Under the Clean Water Act, the oil giant – which owned and operated the well – faces fines of up to $1,100 for each barrel of oil spilled. If BP were found to have committed gross negligence or willful misconduct, the fine could be up to $4,300 per barrel. That means that based on the government’s estimate of 206 million gallons, BP could face civil fines alone of between $5.4 billion and $21.1 billion. “They are going to argue it was less,” said Priya Aiyar, the commission’s deputy chief counsel. “BP has not offered its own numbers yet, but BP has told us that it thinks the government’s numbers are too high and thinks the actual flow rate can be actually 20 to 50 percent lower.” Rep. Edward J. Markey, D-Mass., a member of the House energy panel that is investigating the spill, said in a statement Friday to the AP that BP has done whatever it could to avoid revealing the true flow rate of the spill. “With billions of dollars at stake, it is no surprise that they are now litigating the very numbers which they sought to impede,” Markey said. “The government engaged independent scientists and multiple techniques to arrive at their estimate. Additional independent peer-reviewed studies have corroborated their estimate. BP has a high bar to meet to overturn this estimate.” BP’s argument could be bolstered by the federal government’s missteps in coming up with a final estimate for the spill’s volume. The Obama administration has offered nearly 10 estimates of how much oil flowed from the BP well, coming up with a refined conclusion late last month of 206 million gallons, which is likely its last. Internal documents released late Friday under the Freedom of Information Act show that the White House was intimately involved in deciding how scientific information was portrayed to the public, particularly when it came to the August 4 release of a document that showed where the spilled oil had gone. The five-page report, which was touted by Carol Browner, the president’s energy adviser, on morning talk shows and at White House press briefing showed that half the oil was gone – either from evaporation, burning, skimming or recovery at the well head. The 3,500 pages of documents reveal that the administration wanted the oil budget to show its efforts to respond to the disaster were working, despite objections from top EPA officials, including Administrator Lisa Jackson, over how some of the data was presented. An earlier version of the press release issued with the paper said that 33 percent of the oil released was captured or mitigated by recovery efforts. A final version, changed hours before its release, said “the vast majority” of the spilled oil was addressed by recovery efforts or had naturally dispersed or evaporated. That morning, Browner appeared on national television saying that an initial assessment by federal scientists showed “more than three-quarters of the oil is gone.” In an e-mail sent later that morning addressed to Browner’s assistant, Heather Zichal, NOAA chief Jane Lubchenco finds fault with the White House’s interpretation of the report’s numbers and attribution of the report solely to NOAA. The report was drafted by several agencies. “I’m concerned to hear the oil budget report is being portrayed as saying that 75 percent of the oil is gone and that this is a NOAA report,” Lubchenco writes. “Please help make sure that both errors are corrected.” The White House acknowledged Browner had misspoke. Lubchenco explains it was only accurate to say half the oil was gone. ___ Associated Press writers Seth Borenstein and Matthew Daly in Washington and Harry R. Weber in New Orleans contributed to this report. ___ Online: National Oil Spill Commission: http://www.oilspillcommission.gov

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David Isenberg: Armed Humanitarians: Part 2

December 2, 2010

It is time for the second excerpt from the forthcoming book Armed Humanitarians by Nathan Hodge. Click here for the first excerpt . In the first part Hodge detailed how private security contractors while, admittedly, doing necessary, even vital work, could also be pain in the butt, for both Iraqi civilians and U.S. military and that accountability was a “fiction.” In this excerpt Hodge details some of the problems with laws that have been passed to supposedly provide oversight and jurisdiction over PSC if they commit a crime. He also makes a point I have been noting for years; that the State Department has been both complicit in past PSC wrongdoings and hypocritical in their response. Perhaps a future Wikileaks cable will provide detail on this under covered but very important point. Prince did acknowledge one of the main arguments made against armed contractors: That they operated without any oversight or any jurisdiction. “As of 31 December [2004] that ended,” he said. “The president signed a law, the Military Extraterritorial Jurisdiction Act, which previously applied to anyone on a defense contract, now it’s any U.S. dollars that fund a contract overseas, that contractor can be brought to justice by the U.S. Justice Department.” Prince was, in theory, correct. The Fiscal Year 2005 Department of Defense Authorization Act Congress amended MEJA to extend its jurisdictional coverage. The revisions had tightened a loophole to extend jurisdiction to all contractors – not just those employed directly by the U.S. Defense Department. The legislation creating MEJA acknowledged that there had been a longstanding “jurisdictional gap” that had allowed crimes by battlefield contractors to go unpunished. But there was still the problem of enforcement. The report language accompanying the original bill was prescient. “Often, the only remedy available to the United States Government with respect to military dependents and civilian employees and contractors who commit crimes in foreign countries is to limit their use of facilities on the installation where they live, or bar their entry onto the installation altogether, which often causes them to return to the United States,” the report stated. “In any event, however, the fact that the person who committed the act may return to the United States does not give rise to any jurisdiction in the United States to try the crime he or she committed abroad.” That, in effect, is what would happen when a Blackwater contractor shot and killed the local bodyguard of Iraqi Vice President Adel Abdul Mahdi in Baghdad’s Green Zone on Christmas Eve, 2006. The contractor – later identified in the press as Andrew Moonen – was off duty and had been drinking heavily when he wandered near the Iraqi prime minister’s compound, got into an altercation with the bodyguard and shot him three times. The contractor fled the scene, and was later apprehended by the International Zone police, who determined that he was too drunk for questioning. The following day, Blackwater fired him for cause – possession of a firearm while intoxicated – and on December 26, they whisked him out of the country on a flight to Jordan. The contractor then returned to the United States, a free man. Stunningly, the State Department was informed of the incident – and of Blackwater’s arrangements to spirit Moonen out of the country. According to a Diplomatic Security Service incident report, the contractor was returned to the United States “under the authority of a DOS Regional Security Officer.” In internal correspondence that followed, embassy officials discussed ways to paper over the incident. In an e-mail the day after the incident, the Charge d’Affaires (the acting ambassador) urged the Regional Security Officer to follow up and make sure the company did “all possible to assure that a sizeable compensation is forthcoming.” A prompt apology and compensation, the Charge d’Affaires reasoned, would be the “best way” to ensure that the Iraqis did not take measures to sanction Blackwater – or bar them from operating in Iraq. The Charge d’Affaires proposed a payment of $250,000, then $100,000, prompting a diplomatic security officer to complain that such “crazy sums” would tempt Iraqis “to try to get killed so as to set up their families financially.” The State Department and Blackwater agreed on a payment of $15,000 to the slain bodyguard’s family. Summarizing the concerns of the diplomatic security office, an official wrote: “This was an unfortunate event but we feel that it doesn’t reflect on the overall Blackwater performance. They do an exceptional job under very challenging circumstances. We would like to help them resolve this so we can continue with our protective mission.” In other words, the State Department’s Regional Security Office in Baghdad was so preoccupied with protecting diplomats that it was willing to let Moonen walk free. Blackwater was performing its narrow mission magnificently, shielding U.S. diplomats from harm. Company officials often pointed out with pride that no diplomat in their care had ever been killed. But the risk-averse mentality of the Bureau of Diplomatic Security had reached a logical extreme in Iraq. The incident was hushed up, although a slightly inaccurate report did air on the Al-Arabiya satellite television network identifying the shooter as a U.S. soldier. Blackwater would continue operating in Iraq. To Iraqis, that sent a message, that one of our diplomats is worth a hundred of you.

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David Fiderer: The Fannie Mae Accounting Scam Promoted by the Chairman of the S.E.C.: A Case Study

November 19, 2010

There are myriad accounting tricks to deceive the public, but Christopher Cox chose one of the simplest. The Chairman of the S.E.C. moved billions of dollars from one side of the ledger to the other side, but didn’t mention how he had shifted the numbers. He then filed a lawsuit charging Fannie Mae with concealing $11 billion in losses, despite the fact that those losses had actually been disclosed in Fannie’s public financial statements, in a category called “Accumulated Other Comprehensive Income (Loss).” He bamboozled Congress, the press, the public and the U.S. District Court into thinking that Fannie was not transparent about what it was doing. Nothing better exemplifies the extent to which he politicized the regulatory function of his agency. Cox didn’t act alone. The S.E.C. collaborated with Office of Federal Housing Enterprise Oversight on a two-year investigation into Fannie Mae’s books. Disregard for Generally Accepted Accounting Principles “resulted in Fannie Mae overstating reported income and capital by a currently estimated $10.6 billion,” said the OFHEO . The 340-page OFHEO report and the 23-page S.E.C. complaint allege all sorts of accounting infractions, but neither specified where the multibillion-dollar losses actually came from. This was back in the halcyon days of May 2006, when Fannie’s regulators insisted that it was excessively conservative in its lending policies. The S.E.C. complaint alleges a panoply of accounting violations, but almost all of them are rounding errors, nickel and dime stuff in the context of a trillion dollar balance sheet and billions of dollars in reported earnings. For instance, the S.E.C. said Fannie misrepresented its financial position because it accrued 30.4 days of interest each month, instead of using the actual number of days. It also said Fannie had defrauded investors by making $100 million in excessive provisions for loan losses. Virtually all of the $11 billion shortfall was attributed to improper designation of financial hedges. Here’s the critical paragraph in the S.E.C. complaint: The Company disregarded the requirements of [Financial Accounting Standard] 133 and qualified transactions for the “short-cut” method based on erroneous interpretations and an unjustified reliance on materiality. By failing to comply with the requirements of SFAS 133, the Company failed to qualify for hedge accounting. This failure led to the Company publicly issuing materially false and misleading financial statements for the periods covering the first quarter 2001 to the second quarter 2004. The vast majority of the anticipated restatement of at least an $11 billion reduction of previously reported net income is a result of Fannie Mae’s improper hedge accounting. The S.E.C. makes two critical points: 1. Fannie improperly failed to mark-to-market certain financial positions, and 2. The S.E.C. reviewed those financial positions and found that the net positions created billions of dollars in losses. Testifying before Congress, Cox characterized the $11 billion number as, “the lower bound of the estimate.” The whole case revolves around the application of FAS 133 . When it was first implemented, FAS 133 gave companies a lot of latitude as to how they could recognize noncash mark-to-market gains or losses. One company might choose to recognize the change in value on its income statement. Another company might characterize the same item as an adjustment to shareholders equity, rather than on the income statement. The adjustment would be disclosed as, “Accumulated Other Comprehensive Income (Loss).” Either way could be acceptable under FAS 133 — it is literally six of one, half dozen of another — and any junior analyst would adjust for those differences when evaluating financial performance. The essence of the S.E.C.’s case is its contention that Fannie committed fraud by recognizing the gains and losses as direct adjustments to equity instead of putting them on the income statement. That’s a common form of window dressing, but the only people who would be misled would be those who don’t know how to read financial statements. And even if you think the distinction is valid, it was dishonest of the S.E.C. and the OFHEO to withhold the fact that the changes in net income were derived by reversing out items elsewhere in the financial statements, and the fact that Fannie had publicly disclosed its FAS 133 losses. For 2001 and 2002, Fannie recognized $11.8 billion in losses in the category of Accumulated Other Comprehensive Income (Loss). They included, for 2001, a $4 billion loss for “Transition adjustment from the adoption of FAS 133,” plus another $3.4 billion loss for “Net cash flow hedging losses on derivatives hedging debt.” In 2002, Fannie recognized another $8.9 billion loss in “Net cash flow hedging losses on derivatives hedging debt.” All of this is set forth, clear as day, on page 124 of its 2003 10-K . Nobody, or at least nobody who is minimally competent, could miss it. Also, when Fannie was forced to unravel all the financial positions it had deemed as hedges, the net result showed billions in dollars of gains , not losses. By reversing the previously recognized AOCI losses, plus by recognizing the market-to-market gains in AOCI, shareholder equity for year-end 2002 had almost doubled, from $16.3 billion to $31.9 billion. When Fannie Mae released its restated financials in December 2006, six months after the overblown media narrative about Fannie Mae’s accounting problems had calcified into the zeitgeist, almost no one looked at the numbers and asked where they came from. By every standard metric — cumulative net income, shareholder equity, corporate cash flows — Fannie’s financial position turned out to be far stronger than originally reported. But that’s not how the media perceived it. The company, which already settled with the S.E.C., was loathe to challenge or embarrass its regulators and gave only selective data in its press release : “The cumulative impact of the restatement was a total reduction in retained earnings of $6.3 billion.” The dominant narrative, that Fannie was a corrupt, out-of-control enterprise, seemed to be set in stone. When Cox and Lockart announced their phantom $11 billion losses, politicians were quick to make comparisons to Enron and Worldcom. “It’s fair to argue that this is perhaps more significant or more grave than Enron,” said Senator Richard Shelby. “Though, perhaps the biggest difference at the moment is that the guys at Enron have been convicted.” As it turns out, no one misrepresented Fannie’s financial position more egregiously than Cox and OFHEO Director James Lockhart. None of the foregoing suggests that Fannie is anything but a financial basket case today. But its losses are not from trading, but from credit losses on bad loans. Why is any of this important today? Because pundits and politicians like to conflate issues. When the OFHEO first argued that timing differences fee amortization represented “systemic risk” in October 2004, Barney Frank and other Democrats argued several things: That any earnings manipulation should be punished, that the OFHEO had not quantified any FAS 133 gains or losses, and that the shifting of income from one period to the next is not the same thing as a direct threat to safety and soundness. Bush administration regulators pushed Fannie and Freddie into high-risk loans, which is why Republicans are eager to claim that Fannie’s chief enabler was a congressman in the minority party helped draft GOP-sponsored legislation for increased government oversight. Also, Lockhart’s deputy, a holdover from the Bush administration, is Fannie’s chief regulator and has an incentive to sanitize his predecessor’s feeble record.

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French Women Lose Battle To Stop Renault From Calling Their Electric Car ‘Zoe’

November 10, 2010

PARIS — It could be the French version of “A Boy Named Sue” – a car named Zoe. A judge ruled Wednesday that the automaker Renault can call its new electric car Zoe, much to the chagrin of some French women and girls with that first name. Parents of two children named Zoe Renault (pronounced ZOH-eh ruh-NO) had argued in court that their children could end up enduring a lifetime of teasing and annoyance – just like the fictional youth named Sue in the famous Johnny Cash song. The families, who are not related to the car company, wanted Renault to choose another name for the model. “There’s a line between living things and inanimate objects, and that line is defined by the first name,” lawyer David Koubbi told The Associated Press in an interview. “We’re telling Renault one very simple thing: First names are for humans.” But a judge found against Koubbi’s clients in a fast-track proceeding, ruling that the parents would only have a case it they could prove that naming the car “Zoe” would cause the children “certain, direct and current harm.” Koubbi said he would appeal the decision. He insisted that while it’s clear the Zoe Renaults of the world would be most affected by the release of the car – slated for 2012 – all of France’s estimated 35,000 Zoes would feel the sting. “Can you imagine what little Zoes would have to endure on the playground, and even worse, when they get a little bit older and someone comes up to them in a bar and says, ‘Can I see your airbags?’ or ‘Can I shine your bumper?’” Koubbi said. The lawyer said Renault named it the Zoe ZE because of the electric-powered auto’s zero emissions. Renault, one of France’s two main carmakers, has already given several of its cars female first names – including its compact hatchback Megane and its mini Clio. Both are popular girls’ names in France, but there was no organized opposition to either name. The fight over Zoe, which means “life” in Greek, has gotten considerable media attention in France, where a petition on a Facebook page called “Zoe’s not a car name” has garnered more than 6,000 signatures. First names are a serious matter in France, which formerly restricted parents’ choices to a specific list of traditional names. The rules have since been loosened, but even today officials can oppose parents’ choices on the grounds that ridiculous names can hurt their future. In June, Renault CEO Carlos Ghosn said he was aware of the issue and wanted to avoid any controversy that could potentially hurt the car’s sales. “We don’t want our car to come on the market with a name which is a handicap,” he told Europe-1 radio. Still, a Renault official emphasized that there’s no plan to change the car’s name. “We ordered several studies that showed that it’s not a handicap for the car, so there’s no reason to make any changes,” said the official, who declined to give his name in accordance with company policy. “We’re very happy with the judge’s decision.” Attorney Koubbi said the two Zoes at the heart of the case are 2 and 8 years old and their parents were not seeking any damages. Koubbi, who has represented French celebrity clients, took the case on a pro bono basis. Why? Because his stepdaughter’s name is Zoe. ___ Associated Press writer Pierre-Antoine Souchard in Paris contributed to this report.

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EPA Issues Greenhouse Gas Reduction Guidelines

November 10, 2010

SAN FRANCISCO — Increasing energy efficiency is the focus of the first-ever federal guidelines for reducing greenhouse gas emissions from industrial sources issued Wednesday by the U.S. Environmental Protection Agency. Among the suggestions: replacing dirty fuels used to power oil refineries with cleaner sources and requiring more efficient electricity and energy use with existing power plants to reduce emissions – while not requiring expensive technology upgrades. EPA’s new guidance is meant to help states understand how to implement new greenhouse gas reduction requirements while mitigating costs for industry in a bad economy. Most states will use EPA’s new guidelines when processing new air pollution permits for power plants, cement factories and other big pollution sources under the federal Clean Air Act. The new guidelines go into effect Jan. 2. They require more stringent emissions standards when air quality regulators issue the permits to industry, which has complained the new rules will stop new construction and chill economic growth by creating uncertainty among businesses over how the new regulations would affect their new permits. “Make no mistake about it, this does not represent an opportunity for any construction moratorium. EPA and the states are fully prepared to take this on,” said Gina McCarthy, EPA’s assistant administrator for air and radiation. “There will be no stoppage as a result of this … process.” McCarthy stressed that the new guidelines are not regulations but merely information meant to help states figure out cost-effective ways to reduce the pollutants that cause climate change when issuing new air pollution permits. “We do not have any overall projection of what kind of greenhouse gas emissions will be avoided as a result of this,” she said. “And greenhouse gas permitting is not a process for the overall reducing of greenhouse gas emissions.” The new rules were spurred by a 2007 Supreme Court ruling that greenhouse gases can be regulated under the Clean Air Act, and a 2009 finding by EPA that these pollutants are a danger to human health. Clean Air Act permits already are required on large industrial facilities for other air pollutants that are hazards to human health. State air quality regulators said EPA’s new guidance would help permitting move forward quickly. “The doors of state and local regulatory agencies will be open for greenhouse gas permitting business,” said William Becker, executive director of the National Association of Clean Air Agencies, in a statement. “These agencies have put forth an incredible effort to fulfill their permitting obligations on time.” Republican lawmakers were not mollified by McCarthy’s assurance that these new guidelines would not slow the permit process. Sen. James Inhofe, R-Okla., said the guidelines do nothing to ease uncertainty over the new regulations. “Employers were looking for a clear path forward that would inspire confidence that permits would be granted, and in a timely manner,” Inhofe said in a statement. “They won’t find it here.” He serves on the Senate Committee on Environment and Public Works. Clean air advocates were not as happy as state regulators with EPA’s guidance, saying it relies solely on energy efficiency improvements instead of requiring installation of new technologies that capture the pollutants. Ann Weeks, senior counsel for Clean Air Task Force, applauded the EPA’s guidelines as an “incremental step forward.” But she cautioned that the agency needs to more strongly support carbon capture and sequestration technologies – which EPA’s McCarthy called too expensive to require now. “Absent early deployment of these technologies, we will not be able to avoid the worst consequences of climate change,” Weeks said in a statement. And while most states have signed on with EPA’s greenhouse gas reduction goals, Texas, which is the leading greenhouse gas producer in the nation, has refused to meet the new federal guidelines. “We are reviewing this new EPA guidance. However, the Texas Commission on Environmental Quality will not be modifying its permit processes to include greenhouse gas emissions,” said Terry Clawson, the agency’s spokesman. ___ Associated Press writer Ramit Plushnick-Masti contributed to this report from Houston.

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Matt Sledge: Aqueduct Report: Jay-Z Was Clueless

October 27, 2010

The New York inspector general’s report on the tainted Aqueduct bidding process contains a little-noticed tidbit about the Aqueduct Entertainment Group’s most famous would-be investor. Jay-Z, as it turns out, never actually inked a deal with AEG. “Contrary to numerous media reports,” the investigation finds, nothing was ever made official. (Earlier this year multiple outlets seemed to suggest that Jay-Z had an active stake in the project). What’s more, Jay also didn’t seem to know much about the project, Inspector General Joseph Fisch determined after taking his testimony. That conversation “revealed”: scant knowledge of AEG’s proposal and its composition, no finalized agreement with AEG, and no lobbying by him whatsoever. Regardless, his notoriety caused his name to be mentioned in most news articles discussing AEG which brought his name, and well-known conviction, to the forefront. So much for the the savvy, take-charge CEO persona Jay-Z likes to present to the world. The report seems to suggest that he was little more than a hype man for the AEG bid. The project’s real heavy hitters may have been hoping to use Jay to impress just one person: Governor David Paterson. A February report in the New York Post suggested the AEG consortium chose Jay-Z to gain the favor of the governor, who became friends with the rapper last year. The multimillionaire music impresario’s part of the AEG bid bears a striking resemblance to his role with the New Jersey Nets. Although he controls only a tiny share of the basketball franchise, his stake is trumpeted loudly in promotional materials for the related Atlantic Yards arena project, and he was prominently featured at its groundbreaking in Brooklyn, along with Governor Paterson. As Norman Oder has perceptively written of the groundbreaking, putting the rapper “front and center” was “a brilliant move relying on the unsurprising shallowness of a star-struck press.” For AEG, however, Jay-Z’s inclusion in the project backfired. New York State Assembly Speaker Sheldon Silver was apparently irritated with the governor’s fanboy crush on the best rapper alive . On January 29 he imposed as a stipulation for his support of the bid a rule prohibiting anyone “convicted within the past 15 years of a felony” from investing in the project. Jay-Z’s misdemeanor conviction (for stabbing a record producer) presumably would have disqualified him. The IG found that Silver’s condition was “specifically directed” at Jay-Z and one other potential financial backer. But Jay-Z didn’t immediately drop out, instead waiting “several weeks” until an investigation on him was initiated — and a subpoena was sent. It wasn’t until March 8, after he had drawn additional critical scrutiny from the press, that he officially backed out. On the Aqueduct deal, Shawn Carter’s much lauded (and self-lauded) business acumen was nowhere to be seen.

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G-20 Vows To Avoid Currency Devaluations

October 23, 2010

GYEONGJU, South Korea — Global finance leaders, under pressure to display unselfish policies, agreed Saturday to boost cooperation on rebalancing the world economy to help defuse tensions that had sparked fears of trade conflicts. The Group of 20 vowed to avoid potentially debilitating currency devaluations and reduce trade and current account imbalances, amid a growing recognition that restructuring the world economy is necessary to accommodate the greater role played by fast-growing China and other developing economies. G-20 finance ministers and central bank governors met for two days in the South Korean city of Gyeongju ahead of a summit of their leaders in Seoul next month. Just two weeks ago, a G-20 meeting in Washington failed to resolve differences that had stoked worries a possible trade war could trigger another economic downturn. Nations in Asia and other regions have been trying to stem strength in their currencies amid sustained weakness in the U.S. dollar out of fear their exports will become less competitive. At the same time, China’s currency, the yuan, has been effectively pegged to the greenback, provoking criticism it is being kept artificially low and giving the country’s exporters an unfair advantage. Asia relying less on exports for growth is seen as one of the adjustments that nations should make to ensure more stability in the global economy and markets. Stronger currencies, meanwhile, would make imported goods cheaper and boost local spending as a contributor to economic growth. The G-20, which accounts for about 85 percent of the global economy, said in a statement that it will “move towards more market determined exchange rate systems” and “refrain from competitive devaluation of currencies.” It also vowed to cooperate on reducing “excessive imbalances.” “I think it’s fair to say for the first time we see the major economies come together and recognize that excess imbalances that persist over a period of time, that can threaten growth and financial stability, need to bring about adjustments in policies,” U.S. Treasury Secretary Timothy Geithner told reporters after the meeting. The G-20 includes both rich countries such as the U.S., Japan and Germany as well as emerging ones like China, India and Brazil. It assumed the role of global economic leader following the 2008 financial crisis. South Korean President Lee Myung-bak, chair of the upcoming G-20 summit and a staunch advocate of free trade, had implored the finance officials on Friday to come up with what he called a “mutual win-win.” The G-20 also released proposals to give developing nations more say at the International Monetary Fund, part of what it described as an ambitious retooling of the lending institution to make it more representative of shifts in the global economy. The officials called for greater representation for emerging countries on the institution’s executive board by reducing European seats by two and shifting more voting power to developing economies and underrepresented countries. “It is a milestone in reforming global governance,” said Olli Rehn, economic and monetary affairs commissioner of the European Union, which also belongs to the G-20. “Today we have been rebalancing global growth and rebalancing political influence in global governance.” Since the 2008 crisis, the G-20 has coordinated economic and interest rate policies to spur growth and is forging stricter regulation of banks and other financial institutions seen as responsible for the meltdown. Geithner had pushed in a letter to G-20 members for a commitment to polices that would reduce current account and trade imbalances “below a specified share” of gross domestic product “over the next few years.” But the G-20 statement said that large imbalances – such as China’s vast trade surplus with the rest of the world – would be “assessed against indicative guidelines to be agreed.” Geithner’s proposal had drawn resistance from export-reliant countries such as Japan. Japanese Finance Minister Yoshihiko Noda, who on Friday called the idea of targets “unrealistic,” urged a cautious approach to specific numbers, though he expressed support for “guidelines.” “There are many perspectives on the current account issue,” he said. “Every country has a different situation when it comes to surpluses and deficits. So we need to study this carefully.” Geithner said Saturday the U.S. was not pushing for any specific quantitative targets and that the country’s stance found substantial support within the G-20. He also made a point of praising China, which has drawn criticism on the pace of yuan appreciation, saying it was pursuing “very ambitious” changes to its economy and had in recent weeks taken steps to allow its currency to strengthen “more rapidly in response to market forces.” Geithner planned a brief visit to the Chinese city of Qingdao on Sunday for talks with Vice Premier Wang Qishan, according to Treasury Department spokesman Steven Adamske. ___ Associated Press writers Kwang-tae Kim and Tomoko A. Hosaka in Gyeongju contributed to this report.

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French Senate Passes Pension Cuts To Raise Retirement Age

October 23, 2010

PARIS — Under pressure from the government, the French Senate voted Friday to raise the retirement age from 60 to 62, a victory for President Nicolas Sarkozy after days of street rage, acrimonious debate and strikes that dried up the supply of gasoline across the country. The vote all but sealed passage of the highly unpopular measure, but it was unlikely to end the increasingly radicalized protests. The coming days promised more work stoppages and demonstrations by those who feel changing the retirement age threatens a French birthright. Sarkozy made overhauling the money-losing pension system a centerpiece of his project to modernize France. Undaunted by weeks of strikes, he ordered measures to unblock fuel depots and refineries to get gas flowing again to desperate motorists. “History (will remember) who spoke the truth,” Sarkozy declared during a visit Friday to a factory in central France. “What do you expect of a president? That he tells the truth and does what must be done.” With about a quarter of gas stations on empty – down from a third earlier in the week – motorists have been forced to reinvent their lives, particularly at the start of a school vacation period Saturday. Hours before Friday’s vote, riot police forced the reopening of a strategic refinery to help halt crippling fuel shortages. The impact on the crucial energy sector was an ominous specter for whole sectors of the economy. Employment Minister Laurent Wauquiez said this week that 1,500 jobs have been lost daily since the strikes began in earnest on Oct. 12. Friday’s vote came after some 140 hours of debate, with senators casting ballots by hand into a large green urn, approving the bill 177-153. The measure is expected to win final approval by both houses of parliament next week. Sarkozy’s conservative government cut short the debate via a constitutional article that accelerates the process – and gives the government final word on which of more than 1,000 amendments will get into the bill. He accused strikers of holding the French and their economy “hostage.” Speaking before the Senate vote, Labor Minister Eric Woerth said the day will come when opponents of the change “will be grateful to the president, to the government and the parliamentary majority for having had the courage to fully assume their responsibilities.” Leftist critics called the move a denial of democracy by an increasingly confrontational president. “No, you haven’t finished with retirement. You haven’t finished with the French,” said Socialist Sen. Jean-Pierre Bel, alluding to an apparently unflagging determination by unions, now joined by students, to keep protests alive – even through the upcoming week of school holidays. Students planned to block schools Tuesday, and unions scheduled strikes and protests for Thursday and again Nov. 6. Sarkozy says overhauling the pension system is vital to ensuring benefits for future generations. Many European governments are making similar choices as populations live longer and government debts soar. But French unions say the minimum retirement age of 60, in place since 1982, is a hard-earned right and maintain the working class will be unfairly punished. Many fear it is also a first step to dismantling an entire network of benefits, including long vacations and state-subsidized health care, that make France an enviable place to work and live. Guy Fischer, a Communist senator, denounced the pension overhaul as “brutal, unjust and inefficient.” Like other critics, he said that under the proposal, 85 percent of costs are paid by workers, leaving companies off the hook. The legislation phases in the new system, with retirement at 62 in force in 2018. It also raises the age for retirement with full benefits from 65 to 67. Hours before the Senate vote, helmeted riot police in body armor shoved striking workers aside to force open the gates of the Total SA refinery at Grandpuits, east of Paris, one of four refineries in the Paris region. A bastion of resistance, Grandpuits had been shut down for nine days – one of the nations’ 12 refineries on strike. “The strikers have opened the valves,” said Franck Monchon, a delegate of the hard-line CGT union. Protesters symbolically burned a coffin after the police intervention. Despite the government’s efforts to conquer union resistance, Prime Minister Francois Fillon said it would take several days to end gasoline shortages. The government began unblocking fuel depots days ago and is allowing tanker trucks on the road on Sunday, when they are normally forbidden. It has ordered oil companies to pool fuel to ensure gas stations are stocked. The prime minister convened oil industry executives Friday to review the country’s lagging fuel supplies. The head of the national petroleum industry body, Jean-Louis Schilansky, says it is struggling to import fuel to make up for the shortfall, because strikers are also blockading two key oil terminals, in Le Havre and Marseille. Dozens of tankers remained anchored in the waters off Marseille, unable to unload. “The problem isn’t so much finding the oil; it is getting it in to the country,” he said. “If the depots and refineries remain blocked, we will not make it.” Nevertheless, Schilansky insisted that France has weeks or months of fuel reserves. Marc Touati, head economist for Global Equities, was somber about the consequences of prolonged protests by the fuel sector, saying such a scenario could wipe out between 0.1 and 0.2 percentage points of economic growth. The government predicts economic growth of 2 percent next year, after 1.5 percent in 2010. Violence around student protests have added a new dimension to the volatile mix. “It is not troublemakers who will have the last word in a democracy,” Sarkozy told workers at a factory in the Eure-et-Loir region, promising to find and punish rioters. “If we stop companies like you from working, who will pay?” ___ Duclos reported from Grandpuits. Associated Press writers Angela Charlton and Greg Keller and AP Television News reporters Jonathan Shenfield in Lyon and Oleg Cetinic in Paris contributed to this report.

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Britain’s Austerity Movement Will Hurt The Poor Most, Economists Say

October 21, 2010

LONDON — Britain’s poor and powerful clashed Thursday over who will lose out most under austerity measures that will slash benefits, jobs and government services to reduce the country’s crippling debts. Treasury chief George Osborne has announced 81 billion pounds ($128 billion) in spending cuts through 2015 that will cost as many as half a million public sector jobs and trim welfare payments to families and the disabled. Government departments will, on average, have their budgets cut by about 19 percent, forcing them to lay off staff and limit the scope of their work. It means Britain will have fewer police, pay less to those without jobs and send fewer criminals to prison. Embassies will be shuttered, as will courts and military bases. Britons will lose billions in benefit payments, retire later, and pay more for day-to-day items like train tickets. Even the Royal Mint faces cutbacks: It will use cheaper metals in British coins in an attempt to make savings. Osborne had said Wednesday in an address to Parliament that “those with the broadest shoulders should bear the greatest burden,” saying Britain’s highest earners would be worst affected by the cuts. But economists and the public disagree, believing the measures will cause most hardship for lower-paid government workers and Britons reliant on welfare checks. The Institute for Fiscal Studies, an economic think tank, said that – aside from the richest 2 percent of people – most of the pain would be inflicted on working families, the sick and the poor. “You’re really picking on the weakest people in society and it’s completely unfair how you’re applying these budget cuts,” Margaret Lynch, 52, told Prime Minister David Cameron and his deputy, Liberal Democrat leader Nick Clegg, as they defended the plan at a public meeting in Nottingham, in central England. Lynch, who has multiple sclerosis and uses a wheelchair, said outside the event that her government benefits were being cut by about half. Hundreds of Britons demonstrated against the cuts outside Downing Street, the prime minister’s official residence in London, late Wednesday. Police said three people were arrested for breaking into the government’s business ministry. Some legislators worry that women will lose out more than men, as about 65 percent of the public sector work force is female. Pension plans for women are changing more quickly than those of men, standardizing the retirement age at 66 for both genders by 2020. “Women are more likely to work in the public sector, and more likely to use public sector services,” said Stella Creasy, a Labour lawmaker who represents the London district of Walthamstow in Parliament. The Institute for Fiscal Studies said Osborne’s spending cuts are the deepest since World War II, and public services face the harshest budget limits since the mid-1970s. Britain’s opposition Labour Party said the Conservative-led coalition government is exploiting the economic gloom to reduce the size of government, a long-held Conservative ideal. “It is a blueprint for a smaller, meaner and nastier society ,” Labour lawmaker Angela Eagle told the BBC. The opposition says cutting public sector jobs could hamper Britain’s economic growth, favoring instead a slower pace of cuts. Osborne said Wednesday the cuts were an unavoidable remedy for the debts Britain piled up during the global financial crisis. The Labour government spent billions to bail out two major banks – the Royal Bank of Scotland and Lloyds Banking Group – and took full ownership of mortgage lender Northern Rock. The Labour Party was in office for 13 years, until May of this year, and was responsible for the initial response as the financial crisis began. The Treasury confirmed Thursday there will be a permanent levy on the balance sheets of banks – expected to raise about 2.5 billion pounds ($4 billion) a year by 2014 – and there will be further discussion of measures to curb bankers’ bonuses. ___ Associated Press Writer Benjamin Timmins in London contributed to this report.

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Donna Flagg: Why Dressing for Business Should Not Resemble a Visit to a Sex Club

October 19, 2010

This story gets worse by the minute. One more word from Ines Sainz and I think my head might explode. Just last week, she was once again in the press and making no sense. Actually, she was defending her appearance and her right to dress like a bimbo by saying, “I like to look good, but that in no way makes me any less dedicated to the sports journalism world … I’m proud of being a woman and I’m not shy about hiding it. However, this in no way makes me any less of a professional.” Uh, yes, Ines. Yes, it absolutely does. That’s the whole point. The fact that she dresses like she works in a night club (when she doesn’t) and thinks it’s not only okay, but appropriate, is exactly what makes her “less of a professional.” No one in the business world says we need to hide that we are women, at least not that I know of. But, let’s face it. Boobs all up in everyone’s face and pants painted on in no way help the general public register the extent to which one belongs to the female gender, or not. The other thing that utterly escapes me is her proclamation that she will no longer enter the locker rooms due to this whole scandalous mess with the big bad Jets. Ahem. Isn’t that her job? Isn’t that the job of every sportscaster who interviews athletes? What makes her think that dressing like a floozy excuses her from the basic core function of her role? I mean, could this get anymore screwed up? Who decides for themselves, within an organization the size of the NFL, that they will be the exception to the rules by which everyone else plays? We call that a bonafide qualification (BFOQ) of the job and if you can’t do it, then you can’t do the job. Over and out. It’s like your average, everyday person saying to his or her boss, “I’m not doing my weekly reports anymore. Tough nuggies.” Is she joking? Granted, she is a smokin’ hot sportscaster … and by the looks of the way she walks around, she knows it and she needs the rest of the world to know it too. Still, it was the Jets who got dinged for making her feel uncomfortable? Gimme a break. An article in The Daily News shortly after the “incident” quoted Sainz as saying that the reason she was no longer going to go into the locker rooms was because she didn’t want to “be the focus.” Bulls**t. Has anyone actually seen what this woman wears to work? It’s laughable. I mean that, in a Jessica Rabbit caricature sort of way. Then we had the Jets whose coach offered a personal and genuine apology and I’m left asking, “What is wrong with this picture?” It is not she who owes the Jets an apology for walking into their locker room, of all places, so scantily clad? Here we have everyone tiptoeing around poor Ms. Sainz’s sensibilities and defending her right as a woman to sexualize herself and dress any way she damn well pleases, in the name of what? Feminism? Please. That’s the same argument they make in the sex and prostitution industries, which I suppose goes precisely to the heart of the matter. Dressing for sex in a sex club is totally appropriate. Not so in spectator sports, however. I’m sorry, in business life, being judged on what you wear and how you present yourself is a reality to which everyone is subjected, Ms. Sainz and her revealing, suggestive, man-teasing outfits not withstanding. Presumably, we all go to work to get paid for the job we’ve been hired to do, women and men alike. Imagine if a man came to work in a Speedo all greased up and muscular. People would wonder. And not only that, he would be told to put some clothes on. A wise woman once told me that it was best to be attractive, but not attracting, when dressing professionally for work. What a simple and profound concept it was. Perhaps a tidbit Ms. Sainz might like to take to heart. There is a subtle, but significant difference. Sexing it up versus being pleasant to look at tell two very different stories about a woman. Women do, and will continue, to get a bad rap when they appear as though they are trying to attract, and therefore manipulate, men by exploiting their “assets.” Whether they actually are or not is irrelevant. It’s the impression they make and an inescapable one at that. Sorry girls, slutty just does not fly if you want to be taken seriously. Image: iStockphoto

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David Isenberg: PMSC and the Quest for Perfect Information

October 9, 2010

People often try to fit private military and security contractors into a binary construct. Either they are thinly veiled corporate mercenaries or they are unsung patriots doing their part for the country, albeit at a pretty good salary. As I have tried to make clear in the past it is not that simple. I personally do not subscribe to either stereotype. The most important quality of PMSC is that they are civilians, often working either directly for, or indirectly supporting the U.S. military and other government departments or agencies. Of course much of the time they are not working for the military at all, or even the U.S. government, but that is another story. To me the most interesting part of the PMSC phenomenon, which in its most recent phase is at least thirty years old, is how they fit into states’ geopolitical and foreign policy ambitions. To borrow from Harry Potter novels, that is the issue that must not be named. It is true that I often mention problems with using PMSC. But that is mostly because some supporters insist on making claims for them that have not been clearly backed up by data. While some of the claims, as in the perennial one that they are more cost-effective than using regular military forces sound reasonable, and might even be true, at least in certain carefully limited circumstances, that is far from the often sweeping claims made for them. Let’s consider that PMSC businesses operate in a market economy. But free market economics only concerns itself with private sector exchanges, which in turn assume perfect information. However, anyone who has ever studied PMSC in detail understands that perfect information is exactly what we do not have in regard to PMSC. They very fact that contracts are frequently, if not usually, classified and that both clients and PMSC themselves are often not revealed are just two examples of the lack of perfect information. As a comical example consider the recently published book Operation Dark Heart: Spycraft and Special Ops on the Frontlines of Afghanistan — and the Path to Victory by Lt. Col Anthony Shaffer, U.S. Army Reserve. As most people are aware the U.S. government purchased the entire print run of the book from St. Martin’s Press for $47,000 a few weeks before its scheduled release last month. But it did not suppress the book entirely: Operation Dark Heart has since been reissued after an estimated 250 sections were blacked out and deleted. Now if the government is going to resort to blatant censorship one would hope it would at least do so to protect truly vital information. Did it? You can guess the answer. Consider that in the unredacted version the index cites Blackwater as an entry on page 242. In the censored version of the book that page reads, “I went through the CIA pipeline to get back to the States, flying on a __________-chartered flight from Kabul to Tashkent.” Now really, is there anyone, anywhere who is unaware that Blackwater operated, through its former subsidiary Presidential Airways, in Afghanistan? Anyone, anyone? Yes, I did not think so. Okay, that was just for comic relief. Now, in the interest of providing “perfect information” let’s take a look at some expert testimony which takes on some of the generalizations made by PMSC supporters. Back on June 22 there was a hearing of the House Oversight and Government Reform Subcommittee on National Security and Foreign Affairs Hearing; ” Investigation of Protection Payments for Safe Passage along the Afghan Supply Chain? ” Let’s look at the written testimony of Colonel Hammes , Senior Research Fellow, Institute for National Strategic Studies, National Defense University. Col Hammes is not an opponent of PMSC. His statement opens by detailing the benefits of their use. But he goes on to detail their costs: The Bad When serving within the combat zone, particularly during a counterinsurgency, contractors create a number of significant problems from the tactical to the strategic level. Three primary characteristics of contractors, particularly armed contractors, create problems for the government. First, the government does not control the quality of the personnel the contractor hires. Second, unless it provides a government officer or NCO for each convoy, personal security detail or facilities protection unit, it does not control their daily interactions with the local population. Finally, the population holds the government responsible for everything the contractors do or fail to do. Since insurgency is essentially a competition for legitimacy between the government and insurgents, this factor elevates the issue of quality and tactical control to the strategic level. Quality control is a well publicized issue. The repeated reports of substandard construction, fraud and theft highlight the problems associated with unarmed contractors. As noted above, these incidents are being investigated. In addition, the USG is working hard to refine contracting and oversight procedures to reduce these types of problems. Unfortunately, the problem is just as prevalent with armed contractors. While high-end personal security details generally are well trained, less visible armed contractors display less quality. When suicide bombers began striking Iraqi Armed Forces recruiting stations, the contractor responsible for recruiting the Iraqi forces subcontracted for a security force. The contractor was promised former Gurkhas. What showed up in Iraq a couple of weeks later were untrained, under-equipped Nepalese villagers. n10 Not only did these contractors provide inadequate security, the U.S. government passed the authority to use deadly force in the name of the United States to these untrained foreign nationals. Since the government neither recruits nor trains individual armed contractors, it essentially has to trust the contractor to provide quality personnel. In this case, the subcontractor took shortcuts despite the obvious risk to the personnel manning the recruiting stations. Even if we hire enough contracting officers to effectively supervise the contracts, how exactly does a contracting officer determine the military qualifications of an individual much less a group such as a Personal or Site Security Detail? The U.S. military dedicates large facilities, major exercises, expensive simulations and combat experienced staffs to determine if U.S. units are properly trained. Contractors don’t. We need to acknowledge that contracting officers have no truly effective control over the quality of the personnel the contractors hire. In fact, we have to accept that we will be unable to determine their actual effectiveness until they begin to operate in theater. And then, only if a member of the U.S. government is in position to observe the contractors as they operate. Compounding the problems created by lack of quality control, the government does not control the contractor’s daily contact with the population. Despite continued efforts to increase government oversight of contractor operations, nothing short of having qualified U.S. government personnel accompanying and in command of the contractors will provide control. With support contractors this means we may get poorly wired buildings or malfunctioning computer systems. However, with armed contractors we have the bullying, intimidation and even killing of local civilians such as the September 2007 Blackwater shootings in Nisour Square. The lack of quality and tactical control greatly increase the impact of the third major problem – the United States is held responsible for everything the contractors do or fail to do. Despite the fact the United States has no effective quality or operational control over the contractors, the local population rightly holds it responsible for all contractor failures. Numerous personal conversations with Iraqis revealed a deep disgust with the actions of armed contractors. They noted we gave them authority to use deadly weapons in our name. While Iraqis were not confident American forces would be punished for killing Iraqis, they believed it was at least a possibility. However, the Iraqis were convinced that contractors were simply above any law. These perceptions serious undercut the legitimacy of the government. A key measure of the legitimacy of a government is a monopoly on the use of force within its boundaries. The very act of hiring armed contractors dilutes that monopoly. Legitimate governments are also responsible for the actions of their agents – particularly those actions taken against their own populations. Yet, despite efforts to increase the accountability of contractors, the widespread perception is that armed contractors who commit crimes against host nation people are outside the law of both the host country and the United States. While we have laws criminalizing certain activities, the cost and difficulty of trying a contractor for crimes that occurred overseas in a conflict zone has so far deterred U.S. prosecutors. In over seven years of activity in Iraq, no contractor has been convicted of a crime against Iraqi citizens. Either contractors are a remarkably law abiding group or the system does not work. The fact that an insurgency is essentially a competition for legitimacy in the eyes of the people elevates the presence of armed contractors to a strategic issue. Exacerbating the legitimacy issue, contractors of all kinds are a serious irritant to the host nation population. Armed contractors irritate because they are an unaccountable group that can and does impose its will upon the population in many daily encounters – driving too fast, forcing locals off the road, using the wrong side of the road. Even unarmed contractors irritate the population when they take relatively well paying jobs that local people desperately need. In addition to undercutting its legitimacy, the use of contractors may actually undercut local government power. In Afghanistan, security and reconstruction contracts have resulted in significant shifts in relative power between competing Afghan qawms as well as allegations of corruption. Dexter Filkins, writing in the NY Times notes the power structure in Orugzan Province, Afghanistan has changed completely due to the U.S. government selecting Mr. Matiullah Khan to provide security for convoys from Kandahar to Tirin Kot. “With his NATO millions, and the American backing, Mr. Matiullah has grown into the strongest political and economic force in the region. He estimates that his salaries support 15,000 people in this impoverished province. … This has irritated some local leaders, who say that the line between Mr. Matiullah’s business interest and the government has disappeared. …. Both General Carter and Hanif Atmar, the Afghan interior minister, said they hoped to disband Mr. Matiullah’s militia soon — or at least to bring it under formal government control. … General Carter said that while he had no direct proof in Mr. Matiullah’s case, he harbored more general worries that the legions of unregulated Afghan security companies had a financial interest in prolonging chaos.” n11 Thus, an unacknowledged but very serious strategic impact of using contractors is to directly undercut both the legitimacy and the authority of the host nation government. Contracting also has a direct and measureable impact on the local economy. When the U.S. government passes its authority to a prime contractor, that contractor then controls a major source of new wealth and power in the community. However, the contractor is motivated by two factors – maximizing profit and making his operation run smoothly. This means that even if he devotes resources to understanding the impact of his operations on society, his decisions on how to allocate those resources will be different than those of someone trying to govern the area. For instance, various contractors’ policies of hiring South Asians rather than Iraqis caused anger among Iraqis during the critical early phases of the insurgency. Desperate for jobs, the Iraqis saw Third Country Nationals getting jobs Iraqis were both qualified for and eager to do. n12 While there were clear business reasons and some security reasons for doing so, the decision was a slap in the face of Iraqis at a time of record unemployment within the country. There is more but rather than post it all here I suggest you read his statement. So just remember that we are far from knowing the whole story when it comes to PMSC. Neither one note critics like Jeremy Scahill of The Nation magazine, the Captain Ahab of the PMSC industry, or trade associations like IPOA give or even know the whole truth. As my friend Bill Kittredge notes, “People simply do not want to construct rational arguments that are internally consistent if that consistency conflicts with their normative or personal preferences.”

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Dave Johnson: How "Free Trade" Led to Currency War

October 6, 2010

This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture as part of the Making It In America project. I am a Fellow with CAF. Lyndon Johnson is said to have commented that the press is like birds sitting on a telephone line. When one flies away, they all fly away. This week they are all flying around squawking ” currency war !” But the world has been in a currency/trade war for some time, with only one side fighting and the rest losing. Now the world, on the edge of defeat in that war, sees that China is not “trading”, they are taking. So, how to fight back, without (further) blowing up the world’s economy? The world can’t get to full recovery from this terrible recession without more balanced trade. That is a huge part of the equation. Our trade deficits started with Reagan when ” free trade ” was used to force concessions from labor by threatening to move the factories to non-democracies , away from the wage and environmental protections that We, the People fought so hard to achieve. The wage squeeze resulted in unprecedented concentration of wealth — and loss of buying power for the rest of the population. Under George W. Bush, Wall Street used China for short-term profits and bonuses and China used the power that brought to buy advantage around the world. So now the rest of us are living with the long-term consequences of race-to-the-bottom policies. Namely, the bottom. That loss of buying power — lack of demand — is holding back recovery. To lift the economy we need to lift wages . We can’t get there without challenging current arrangements with China. Yves Smith sums up this “full boil,” in Currency War Threats Escalating , at Naked Capitalism, Last week, the simmering threat of trade disputes erupted into a full boil when Brazil’s finance minister Guido Mantega said that national governments around the world were weakening their currencies in an “international currency war” to gain competitive advantage. Mantega stressed that Brazil was prepared to back his words with action to lower the value of the Brazilian real. Yesterday, IMF chief Dominique Struass-Kahn warned that countries were beginning to use their currencies as “a policy weapon” in a Financial Times interview. So does the world now go into a full-on, chaotic currency/trade war? Martin Wolf weighs in at the Financial Times , How to fight the currency wars with stubborn China , (Click through to see the charts) Has the time for a currency war with China arrived? The answer looks increasingly to be yes. The politics and economics of an assault on Chinese exchange rate policy are increasingly convincing. The idea is, of course, deeply disturbing. But I no longer believe there is an alternative. Wolf runs down the issues. Currency manipulation? “If a decision to invest half a country’s gross domestic product in currency reserves is not exchange rate manipulation, what is?” Does it matter? “By keeping its real exchange rate down, China subsidises production of its exports and import substitutes. Since China is now the world’s biggest exporter, this has to be a significant distortion of world trade.” What might China reasonably be asked to do? Stop the manipulation and increase domestic demand. “[T]he menu of possible options for the Chinese authorities could include a cap on the intervention, an end to sterilisation of the monetary consequences and targets for real domestic demand, household consumption and the current account.” Can other countries shift China’s policies, with limited collateral damage? Negotiation remains a hope. The rest of Group of 20 leading countries should unite in calling for these changes. But if negotiation continues to fail, alternatives must be considered. Import surcharges are one possibility. … countervailing currency intervention … affected countries could prevent other countries from purchasing their financial instruments, unless the latter offered reciprocal access to their financial markets. OK, about that “without (further) blowing up the world’s economy” I mentioned at the top. Instead of tariffs and other trade sanctions Wolf suggests currency-rate counter-policies, “I find ideas for intervention in capital markets far more attractive than those involving action against trade. … A trade war would be very dangerous. Insisting that China stop purchasing the liabilities of other countries so long as it operates tight controls on capital inflows is, instead, direct and proportionate and, above all, moves the world towards market opening.” Will China retaliate by ceasing to buy US bonds? If they do, that would be a good thing. Some fear that a cessation of Chinese purchases of US government bonds would lead to a collapse. Nothing is less likely, given the massive financial surpluses of the private sectors of the world and the continuing role of the dollar. If it weakened the dollar, however, that would be helpful, not damaging. Yves Smith weighs in on Wolf’s recommendations, Yves here. I see the odds of things going Wolf’s way as close to zero. China has no intention of “opening” its markets to investment bankers; it is not about to have its capital markets colonized, and it lacks the domestic finance skills to cope. China has made a close study of the errors Japan made in its peak years, in the 1980s, and one was the overly rapid deregulation of its financial sector….in response to US pressure. Similarly, the impetus to put pressure on China IS coming from the trade front, due to high unemployment. Action on the trade/tariff front looks like a more direct remedy, even if, as Auerback points out, the lags in trade are long. And with more economists lining up behind the crowd-pleasing idea of getting tough with China, the pressures and the intellectual cover, are in place. Even though no one wants a trade war with China, it is not beyond the real of possibility that we wind up there. … he odds of miscalculation have to be magnified when operating across a large cultural divide. I wrote the other day , and want to repeat: There are always winners and losers. Right now in China there are currently winners and losers from the manipulated currency rate. If rates adjust to where they should be China might lose some jobs, but Chinese workers will immediately be higher-paid relative to the world than they had been, and Chinese consumers will also be more able to buy things made elsewhere. Right now those in control of industries that are moving to China are winners and those in China who want higher pay and want to import are losers. And as is the way of the world, the winners in China are fighting to keep their advantages, while the losers want change to occur. And outside of China the winners are fighting to keep their advantages, while the losers want change to occur. But if China starts bringing its currency to market rates the world’s winners and losers will be the winners and losers for the right reasons. It is time for China to move on from currency manipulation. Sign up here for the CAF daily summary .

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