property

A Major Setback For Kamala Harris

by Aaron Sankin on April 18, 2012

Huffington Post…

For the nearly two years that Kamala Harris has been California’s Attorney General, she has made the fight against fraudulent foreclosures her signature issue. Now, largely due to pressure from business groups, legislators look like they may soon succeed in tanking her most ambitious plan yet to clean up the state’s mortgage market. Earlier this year, Harris began pushing for California to pass the “Homeowner Bill of Rights,” a collection of six bills that would make significant changes in the way the state regulates mortgages. Harris was scheduled to testify before the California Assembly’s Senate Banking and Finance Committee on Monday; however, only moments before she was supposed to appear, both of the bills she was discussing were pulled by the committee chairman, Democrat Mike Eng of Monterey Park. The sudden change reportedly prompted a chorus of catcalls from the assembled crowd. The pair of laws Harris was scheduled to discuss aim to increasing protections for mortgage borrowers by prohibiting lenders from foreclosing on a property while simultaneously negotiating a loan modification on that property and also simplifies loan documentation by establishing a single, standardized contract for foreclosures and loan restructuring. Other provisions in the bundle require banks to provide homeowners with a single point of contact during the loan modification process and levy a $25 fee on banks every time they register a default. Proceeds from the default fee would then go into a pool of money funding mortgage fraud investigations. As part of the $25 billion settlement between the nation’s five largest mortgage holders and the attorneys general of 49 states, in which Harris was a crucial player , the large institutions that hold nearly 30 percent of all mortgages in the state have already agreed to abide by some of these rules. However, that settlement expires in three years and Harris wants the rules to extend into perpetuity. The banking industry strongly opposes the measures. The Sacramento Bee reports : In letters to legislators, the state chamber said the measures amount to a “de facto moratorium on foreclosures” that would actually hurt the real estate market with a confusing new set of laws, squeeze credit for property purchases and trigger a wave of lawsuits. The chamber also contends the bills are in conflict with federal standards and are an “extraordinarily restrictive and draconian” permanent response to temporary industry abuses. Conversely, the bills have received strong support from civic leaders in San Francisco. “Too many San Franciscans have been devastated by the mortgage crisis and too many families have lost their homes due to deceiving banking practices right here in some of our most vulnerable communities,” said San Francisco Mayor Ed Lee in a statement to the San Francisco Sentinel . “Thousands of foreclosures have happened and are happening in neighborhoods in our cities. I applaud the leadership of Attorney General Kamala Harris for standing up for families and using the powers of her office to protect homeowners from mortgage fraud and abuse.” Last week, the city’s Board of Supervisors passed a non-binding resolution calling for a moratorium on all foreclosures in the city until additional protections, such as the ones in Harris’s bills, are enacted. An audit of 400 San Francisco foreclosures conducted by San Francisco Assessor-Record Phil Ting found that 84 percent were either fraudulent or missing crucial documentation. “This matters because families facing foreclosures are entitled to know exactly who holds their loan and to see for certain that the foreclosure is justified,” Ting wrote in a blog on the Huffington Post . “In one case, our audit showed a foreclosure initiated by a party that had no title to the property–and in a number of other cases, we found two competing claims to the title.” (Full disclosure: Aaron Sankin was briefly an unpaid intern on Harris’s 2003 campaign for San Francisco District Attorney.)

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A Major Setback For Kamala Harris

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U.S. Bank Faces Federal Investigation

by Janell Ross on April 17, 2012

Huffington Post…

U.S. Bank on Tuesday joined the ranks of large financial firms facing discrimination charges for the way it maintains foreclosed homes in mostly black and Latino neighborhoods. The National Fair Housing Alliance, a Washington, D.C.-based nonprofit, filed a formal discrimination complaint against the bank with the Department of Housing and Urban Development Tuesday. In the complaint, the organization accuses the bank of maintaining and marketing bank-owned foreclosed properties in predominantly white communities far more aggressively and consistently than it does homes in mostly black and Latino neighborhoods. The complaint filed against U.S. Bank and its parent company, U.S. Bancorp, marks the second charge in as many weeks brought by the National Fair Housing Alliance against a major bank. The alliance conducts housing discrimination investigations and receives some funding from HUD. Last week, the alliance accused California-based Wells Fargo , the nation’s largest mortgage lender, of similar civil rights violations. Minnesota-based U.S. Bank is the fifth largest commercial bank in the United States. On Tuesday, it also faced separate allegations logged by another nonprofit group that it offers pay day loans at annual interest rates approaching 400 percent to vulnerable consumers. Alliance investigators examined 177 U.S. Bank properties in seven cities, said Shanna Smith, the alliance’s president and CEO. Public records indicated each of the homes was owned, not simply managed, by U.S. Bank, she said. In Dayton, Ohio, alliance investigators found that 65 percent of U.S. Bank foreclosures in communities of color had broken widows or doors, according to the alliance’s complaint. Only 15 percent of the bank’s repossessed homes in white neighborhoods were in the same condition. In the Oakland, Calif.-area, 64 percent of the bank’s foreclosed properties in black or Latino neighborhoods were littered with, “substantial” amounts of trash. But, only 17 percent of properties in predominantly white Bay Area neighborhoods had the same problem. U.S. Bank said that the complaint filed with HUD Tuesday does not include the addresses of problem properties, which the bank needs to determine if it owns the properties or if it is simply the trustee managing administrative tasks for investors who own the home loans. Trustees oversee securities — in this case, mortgage securities made up of hundreds or even thousands of home loans — on behalf of investors. The investors are often large pension funds and insurance companies. Trustees, in turn, typically hire companies known as servicers to collect mortgage payments from the home buyers whose loans are part of the security. Banks often function as servicers and are responsible for dealing with loans before and after a foreclosure. So, servicers also often hire asset managers or contractors to maintain foreclosed properties. Nicole Sprenger, a U.S. Bank spokesperson, emailed a statement to the Huffington Post Tuesday that emphasized the complexity of these arrangements. As you may know, U.S. Bank is one of the nation’s largest corporate trustees. Accordingly, in the vast majority of cases where U.S. Bank is involved in a foreclosure, we serve as a trustee for an investment pool where the former mortgage was held, and have no role in servicing or maintaining the property. That is the responsibility of the servicer (typically another bank), and not the trustee. When we do own a property, we have a strong and comprehensive process in place to regularly inspect and maintain properties to marketing standards where we have legal access, regardless of their location. The bank’s argument is illegitimate, said Anne Houghtaling, executive director of HOPE Fair Housing Center in Wheaton, Ill. a city about 25 miles west of Chicago. HOPE is one of the nonprofit organizations that helped the National Fair Housing Alliance evaluate the state of foreclosed homes in cities around the country. “U.S. Bank has a list of its own properties, (and) could go and look at them, and should be going to look at them regularly,” Houghtaling said. “They could do that now.” There is clear evidence that U.S. Bank-owned properties in Chicago are treated differently if located in a community of color, she said. HUD declined to comment on the complaint but confirmed that it had been filed and will lead to a federal investigation. Should HUD find evidence that the alliance’s complaint against U.S. Bank is accurate, the federal agency can attempt to negotiate a settlement with the bank. If the parties are unable to reach an agreement, the Justice Department could file suit against the bank. The complaint filed Tuesday follows a nine-month probe during which the National Fair Housing Alliance evaluated the state of 1,000 bank-owned foreclosed homes in nine metro areas from California to Washington, D.C. Investigators found “overwhelming” and “troubling” evidence that six of the nation’s major banks market and maintain foreclosed homes in predominantly white neighborhoods differently than they do in others, according to a report issued by the agency last week. The pattern was pronounced in communities regardless of income, Smith said.

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U.S. Bank Faces Federal Investigation

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Yet Another Advantage To Being Beautiful

April 13, 2012

The economy may not be the only thing determining your home’s sale price. According to a new study, how attractive your real estate agent is can have a serious impact as well. The research, published last month in the journal Applied Financial Economics , looked the personal characteristics of real estate agents, including looks, gender and race. The study’s authors then compared those characteristics to the prices that houses sold for and the amount of time they stayed on the market. The size, location and quality of each property was controlled for, news site Big Think reported. Even with those factors controlled for, the researchers found that looks and gender mattered — a lot. The researchers found that it can pay — literally — to hire a female real estate agent. According to Big Think : Both male listing agents (those acting on behalf of the seller) and male selling agents (those acting on behalf of the buyer) are associated with lower house prices than their female counterparts. The gender of the agents did not, however, have any impact on the length of time a house stayed on the market. In contrast, the level of attractiveness impacted both a property’s selling time and its price point. Good-looking agents tend to sell their properties for more money — especially attractive listing agents — but these properties also tend to be on the market for a longer period of time. Jezebel’s Dodai Stewart believes that this discrepancy makes sense, writing that: humans are visual creatures, and if some polished, pleasing-to-the-eye power broker who looks like a million bucks tries to sell on something worth a million bucks, we’re probably going to agree to the price. That’s just how sales works! The pretty people in Prada have known this for years. This the latest in a series of studies to find that there are advantages to being conventionally beautiful. Attractive men and women tend to earn between 10 and 15 percent more on average than their unattractive counterparts. And underweight women earn significantly more money than overweight women do on average. The real estate study also found some sobering data on the impact of an agent’s race , reported Big Think . Listing and selling agents of color tended to sell their properties for lower prices across the board. These properties were also on the market for a longer amount of time on average than properties sold by white agents.

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Brad Reid: Electronically Transmitted Source Code Not Stolen Goods Under the National Stolen Property Act

April 13, 2012

In an opinion that indicates the need to revise U.S. federal intellectual property theft statutes, the Second Circuit reversed a jury’s theft convictions under the National Stolen Property Act and the Economic Espionage Act ( U.S. v. Aleynikov ). Proprietary computer source code was taken by a computer programmer employed by Goldman Sachs in violation of confidentiality policies. He left his employment and began working at another firm. The source code was electronically transmitted to a server in Germany. The Second Circuit on Feb. 17 issued a short order reversing the convictions, and on April 11, produced a fully reasoned opinion. Criminal statutes are narrowly interpreted. Consequently, while the National Stolen Property Act makes it an offense to transport interstate commerce items that are known to be stolen, the statute does not define the terms “goods, wares, or merchandise.” The Second Circuit concluded that electronically transmitted source code was not included in the ordinary meaning of these words and that prior decisions favored this interpretation. The Second Circuit in 1966 determined that transmitting photocopies of manufacturing procedures did violate the statute. Some tangible property must be taken to constitute the “good” that is stolen. A 1985 U.S. Supreme Court decision supports this reasoning ( Dowling v. United States ) as well as decisions of other federal courts. The Second Circuit further determined that a 1988 statutory amendment adding the words “transmit” only applied to electronic transfers of money. In telling language, the Second Circuit wrote : “We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age.” Regarding the Economic Espionage Act conviction, the Second Circuit determined that its statutory language limited offenses to products “produced for or placed in” interstate commerce. In this case Goldman Sachs did not produce the source code for sale in commerce. Assuming a broader meaning would only create an ambiguity that is resolved in favor of leniency in criminal law. The Second Circuit opinion concluded that while the conduct in question “was in breach of his confidentiality obligations to Goldman, and was dishonest in ways that would subject him to sanctions…” it did not violate criminal law. It is clear that Congress must act to address the electronic transmission of stolen property if the intellectual property theft statutes are to be meaningful in our digital environment.

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Eviction Leads To Deadly Standoff, 2 Killed

April 13, 2012

MODESTO, Calif. — Officials have released the name of sheriff’s deputy who was one of two people killed while trying to serve an eviction notice at a Central California apartment complex Thursday. Stanislaus County sheriff’s officials say Deputy Robert Paris was killed when gunfire broke out around 11 a.m. The 53-year-old Paris was a 16-year veteran of the department. Officials say he is survived by his parents, a brother and two adult children. The name of the second person killed in the shooting has not yet been released. Meanwhile, the standoff continues with SWAT teams still surrounding the complex. THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below. A sheriff’s deputy and a civilian were killed Thursday when gunfire broke out as authorities tried to serve an eviction notice at a Central California apartment complex, officials said. The shooting led to a standoff with a suspect who was believed to be holed up inside an apartment at the Whispering Woods development in Modesto. More than 100 law enforcement officers from the Central Valley arrived at the scene. FBI and SWAT teams surrounded the building and authorities evacuated nearby residents while others remained in their homes. Authorities later fired flash grenades and tear gas in the area where the shooting occurred. The incident began about 11 a.m., when two Stanislaus County deputies went to the north Modesto home to deliver the notice, said Sheriff Adam Christianson, who called the incident “another dark day” for law enforcement in California. “One of my valued members of my team is dead,” a distraught Christianson told reporters. “I am overwhelmingly frustrated that we don’t have the sufficient resources to protect the community.” Neighbors Levi Middleton and Jennifer Diaz told the Modesto Bee () they heard multiple gunshots in rapid succession, as if fired from a semi-automatic weapon. http://bit.ly/HxXK7j Christianson said he believed that his deputies did not return fire. The names of those killed were not immediately released. Sheriff’s officials did not release any details about the civilian fatality. Authorities told the Bee the suspect is in his mid-40s and may have had military training. Sgt. Anthony Bejaran would not confirm if authorities had been in contact with the suspect. “There’s not much more information I can give out,” said Bejaran, a sheriff’s spokesman. The Whispering Woods development opened in 2002 on the site of the former Prescott Estates, which was known for decades as one of the most crime-plagued and substandard housing areas in Modesto, according to the Bee. The city shut down Prescott Estates, and the property was cleaned and extensively remodeled. Officer Chris Adams, a Modesto police spokesman, said the area isn’t as crime-ridden as it was a few years ago. He said authorities would be at the scene for the long haul, if necessary. “At this point, it’s about containment, keeping the suspect within our perimeter and hoping for a safe and peaceful resolution,” Adams said.

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Lawmakers Push To Keep Silicon Valley From Going Underwater — Literally

April 13, 2012

SAN FRANCISCO — Business leaders and Sen. Dianne Feinstein launched a $1 billion, 10-year fundraising goal on Thursday that is aimed at preventing some of Silicon Valley’s leading technology companies from going underwater – literally. The money, the biggest share of which is expected to come from the federal government, is being sought to build a new earthquake- and storm-proof levee system along the southern part of San Francisco Bay, where the corporate campuses of Facebook, Google and other high-tech ventures abut land that was drained a century ago for commercial salt-making. Planners predict those sites and thousands of South Bay homes are at risk of catastrophic flooding over the next half-century due to a climate change-fueled sea level rise. Currently, the bay’s tidal waters are contained by low-lying levees constructed more than 100 years ago to create salt ponds, and they would be inadequate to the task of protecting prime real estate even if they were not deteriorating, Gordon and Betty Moore Foundation President Steve McCormick said. “There are dozens of corporate campuses in that flood zone,” said McCormick, who is leading a committee of corporate and foundation heads, elected officials and environmental representatives who plan to promote and lobby for the project. “There is billions of dollars’ worth of land that would be, for all intents and purposes, rendered unusable.” Most of the $1 billion in anticipated costs would go toward building new levees, but the preliminary budget also covers restoring about 36,000 acres of wetlands that were drawn off and filled in over the last 150 years, Save the Bay Executive Director Davis Lewis said. Returning the bay’s shores to a wetland state would not only be a boon for wildlife, but provide a natural safeguard against future flooding, Lewis said. “The need for wetland restoration is already on the radar screen and is under way in parts, but to get it all done is going to require a lot more money,” he said. “The significance of what’s happening today is these powerful constituents in business, the foundation world and government are saying one of the next big priorities is raising the money to make this happen.” At this stage, the coalition expects half of the money for the project to come from the federal government, a quarter from the state and the remaining quarter from local sources such as a property parcel tax, McCormick said. Corporations and foundations are being encouraged to foot the bill for preliminary planning, public education and lobbying, he said. Feinstein, California’s senior U.S. senator, endorsed the effort while she was in San Jose on Thursday to break ground on a public transportation project. The work would comprise the largest wetlands restoration plan in the nation outside the Florida Everglades, she said.

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Feds Launch Probe Of Wells Fargo Housing Practices

April 12, 2012

Wells Fargo & Co., the nation’s largest mortgage lender, is facing the second of at least two federal probes into how it treats minority borrowers and the properties it owns in minority neighborhoods. Department of Housing and Urban Development officials confirmed this week that the agency will investigate allegations lodged against the bank Tuesday by the National Fair Housing Alliance. The alliance complaint accused Wells Fargo of working to maintain and market bank-owned foreclosed properties in predominantly white communities far more aggressively than it does in mostly black and Latino neighborhoods. Alliance investigators found that only about 7 percent of homes repossessed by Wells Fargo in mostly white communities had 10 or more maintenance problems, such as detached gutters, broken windows or doors, which can damage the property or the likelihood that it will sell. By comparison, 20 percent of homes reclaimed by Wells Fargo in predominantly Latino neighborhoods were in similarly poor condition. This disproportionate neglect not only deepens and extends the nation’s housing crisis but further batters the very communities hardest hit by the foreclosure crisis, said Shanna Smith, president and CEO of the Washington, D.C.-based alliance. The complaint follows a nine-month investigation in which the National Fair Housing Alliance evaluated the state of 1,000 bank-owned foreclosed homes in nine metro areas from California to Washington, D.C. Investigators found “overwhelming” and “troubling” evidence that six of the nation’s major banks market and maintain foreclosed homes in predominantly white neighborhoods differently than they do in others, according to a report issued by the agency last week. The pattern was pronounced in communities up and down the income scale. During the investigation, alliance investigators evaluated 218 properties reclaimed by Wells Fargo. Vickee Adams, a spokesperson for San Francisco-based Wells Fargo, did not respond to repeated requests for comment this week. However in a telephone interview Adams told Bloomberg News that the bank does not know if it owns the problem properties identified by the National Fair Housing Alliance or if it has simply been hired to oversee and manage them for another owner. The bank works with a property manager to maintain its stock of foreclosed homes, Adams told Bloomberg. She also insisted that the bank does not engage in discriminatory business practices. “Wells Fargo conducts all lending-related activities in a fair and consistent manner without regard to race,” Adams told Bloomberg. Among the many properties the alliance evaluated, bank-owned homes in communities of color were 42 percent more likely to have visible maintenance problems, such as overgrown grass, hanging gutters and damaged eaves or siding than those in comparable white neighborhoods. Foreclosed homes in mostly black and Latino neighborhoods were 34 percent more likely to be littered with trash and debris, and 82 percent more likely than bank-owned properties in white communities to have broken or boarded-up windows. Anyone who assumes that the bank may have a legitimate business reason for neglecting homes in communities of color has made a series of inappropriate and inaccurate assumptions, Smith said. Most of the homes the alliance evaluated were in lower middle to upper middle income neighborhoods. “It ultimately does not matter if a home is in a wealthy neighborhood or not. It doesn’t matter the condition at possession by the lender,” said Smith. “We were looking at what is routine maintenance and is required [at minimum] to maintain the home. We are talking about mowing the lawn, raking the leaves, shoveling the snow away, locking doors and fixing broken widows either by repair or boarding them up and removing trash. None of those issues have anything to do with the actual condition of the property at [the time the bank took] possession.” When it came to evaluating what the banks were doing to market the homes, the alliance investigators looked for a “for sale” sign. And here again, there were dramatic differences. Vacant and foreclosed bank-owned homes in white neighborhoods were 33 percent more likely to be designated with professional real estate signs that were visible from the street. Homes in black and Latino neighborhoods had signs made of construction paper or cardboard, or had no sign at all. Failing to maintain a foreclosed home makes life harder for the neighbors of the problem property, and it can also drag down median home prices and sales activity in entire cities, said David Blitzer, managing director and chairman of the index committee at S&P Indices, which includes the S&P/Case-Shiller Home Price Index. Many people are afraid to buy homes in neighborhoods studded with neglected properties, Blitzer said. And those who are brave enough to do so will almost never pay asking price. They want to bargain hard, which by extension shapes the national housing outlook, said Blitzer. “What seems like one neighborhood’s problem really does affect the broader market,” said Blitzer, who had not seen the complaint filed Tuesday. Should HUD find evidence that the alliance’s complaint against Wells Fargo is accurate, the federal agency can attempt to negotiate a settlement with the bank. If the parties are unable to reach an agreement, the Justice Department could file suit against the bank. The Justice Department is already probing the bank’s lending activities in the period before the housing bubble burst in 2007. Wells Fargo has been accused of steering black borrowers into higher-cost and higher-risk subprime loans that made foreclosure more likely, Bloomberg News reported in July. That month, the Federal Reserve also forced Wells Fargo to pay an $85 million fine in connection with the bank’s practice of steering buyers who could have qualified for better loans into subprime mortgages and falsifying information on key documents. “We will not hesitate to hold financial institutions accountable, including one of the nation’s largest,” Attorney General Eric Holder said in a statement issued by the Justice Department after the federal law enforcement agency reached a record-setting $335 million settlement with Wells Fargo competitor Bank of America for engaging in similar activities. “These institutions should make judgments based on applicants’ creditworthiness, not on the color of their skin.”

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Fewer Foreclosures For Michigan?

April 12, 2012

While Michigan’s economy appears to be doing better than last year, the state’s economically depressed cities are still struggling with widespread foreclosures. In March, Michigan ranked eighth in the country for number of foreclosures , with one out of 489 households receiving filings, according to RealtyTrac data. In Detroit, one in 300 households received filings in March. While Michigan still ranks high for its percentage of foreclosures, it was one of the few states to show an overall decline in filings from February — 31 other states had more foreclosure filings than the previous month. Nationally, the number of homes receiving foreclosure notices went up 7 percent from February, though foreclosures were down slightly for the whole quarter. But Brandon Moore, chief executive officer of RealtyTrac, warned that the lower quarterly numbers aren’t indicative of a rebound. “The dam may not burst in the next 30 to 45 days, but it will eventually burst, and everyone downstream should be prepared for that to happen — both in terms of new foreclosure activity and new short sale activity,” he said in a statement. Michigan’s foreclosure rate was down drastically from the same time last year , a 36.6 percent drop from March 2011, according to the Detroit News . But rather than showing big year-over-year changes in the housing market, the drop is likely due to a change in state law that no longer requires lenders to give as much notice when foreclosing on a property. Last month, RealtyTrac Vice President Daren Blomquist forecast a possible spike in Michigan foreclosures later in the year when those notices come due.

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SAFE HAVEN? Europe’s Investment Woes May Push More Offshore Capital To U.S.

April 12, 2012

Cross-border investment in real estate reached its highest level in three years in 2011, with New York, Washington, Los Angeles, San Francisco and Chicago accounting for five of the top 10 international markets. However, hopes for a massive influx of foreign capital into U.S. property markets by risk-averse international investors has so far gone unfulfilled. That may be changing, according to recent separate reports from Property and Portfolio…

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STOP! San Francisco’s Board of Supervisors Calls To End Foreclosures

April 11, 2012

In a unanimous 11-0 vote on Tuesday afternoon, the San Francisco Board of Supervisors passed an official resolution calling for a moratorium on all foreclosures in the city. “The foreclosure crisis has already devastated so many lives,” Supervisor John Avalos, the legislator who introduced the bill last month, said in a statement . “This resolution is an important step to support solutions to prevent millions of Americans from losing their homes.” Avalos has said that he, like legions of other homeowners in his neighborhood, is about $100,000 underwater on his own mortgage. While the resolution is non-binding, meaning that banks can still legally foreclose on properties in San Francisco, the bill gives voice to the frustrations many local housing activists have with the foreclosure practices of the major banks operating in the city. “The banks have torn apart our communities and caused a financial and health crisis by unjustly foreclosing and evicting our neighbors from their homes,” said Christine Hakim, an organizer of the neighborhood group Occupy Bernal , in a statement. “We support those city officials who have joined with the state Attorney General [Kamala Harris] in calling for an immediate halt to predatory and for-profit foreclosures and related auctions and evictions.” Harris, who previously served as San Francisco’s District Attorney, was one of the leading proponents of increasing the dollar figure of what ultimately turned out to be a $25 billion settlement between 49 state attorneys general and the country’s banks over allegations of widespread mortgage fraud. Harris has also proposed a ” Homeowner’s Bill of Rights ,” a series of six state-level bills that would offer Californians a number of protections against predatory lending. In addition to calling for a temporary end to foreclosures until an appropriate system of statewide and/or national protections are put into place, the resolution voiced support for Harris’ bills and called on city officials to work on behalf of citizens in danger of losing their homes. The Board’s resolution comes on the heels of an audit of some 400 recent San Francisco foreclosures conducted by city Assessor-Recorder Phil Ting that found a staggering 84 percent were illegal or were missing crucial documentation. “This matters because families facing foreclosures are entitled to know exactly who holds their loan and to see for certain that the foreclosure is justified,” Ting wrote in a blog on The Huffington Post . “In one case, our audit showed a foreclosure initiated by a party that had no title to the property–and in a number of other cases, we found two competing claims to the title.” “The system is completely broken,” Ting told the Bay Citizen . The Huffington Post reported last month: San Francisco Bayview resident Vivian Richardson told The Huffington Post that the audit revealed the validity of homeowner claims. “It’s not like we all just drank the Kool-Aid one day or called each other up and said, ‘Lets stop paying our loans,’” she told HuffPost. “Something is obviously wrong with the loans. This audit proved that we aren’t crazy; this crisis is affecting so many of us.” Foreclosures have displaced over 12,000 San Francisco residens since 2008. Check out this video looking at forced foreclosures:

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Bank Of America Sues Itself

April 10, 2012

WASHINGTON — Bank of America is suing itself for foreclosure. “It’s crazy,” housing data analyst Michael Olenick told HuffPost. “They shouldn’t be suing themselves.” Over the past two years, the nation’s largest banks and the Obama administration have repeatedly vowed to clean up the foreclosure fraud mess. In February, banks agreed to pay $25 billion and overhaul their foreclosure processes as part of a 50-state investigation into bank wrongdoing, resulting from practices that included robo-signing . But in Florida’s Palm Beach County alone, Bank of America has sued itself for foreclosure 11 times since late March, according to foreclosure fraud activist Lynn Szymoniak , who forwarded one such foreclosure filing, dated March 29, 2012, to The Huffington Post. (A white-collar crime expert, Szymoniak was recently awarded $18 million for her work helping the government recover $95 million as a result of bank foreclosure problems in North Carolina.) In the March 29 filing, Bank of America is seeking to foreclose on a condominium and names the condo owner and Bank of America as defendants in the suit. The company is literally seeking damages from itself in order to foreclose on the condo owner. “We are servicing the first mortgage on behalf of an investor and we own the second mortgage,” Bank of America spokeswoman Jumana Bauwens told HuffPost. “Naming the second-lien holder in the suit is necessary to eliminate the junior interest,” Bauwens said. “This just strikes me as classic robo foreclosure,” Professor Alan White of Valparaiso University Law School told HuffPost. White, a predatory lending expert who tracks and analyzes data on loan modifications and foreclosures, said that lawyers for the bank likely performed an electronic title search to see if any other liens on the property existed and simply wrote down the name of whatever bank came up in the search. Lawyers and paralegals who perform these tasks typically fill out dozens of such forms a day, White told HuffPost. “I’m sure the paralegal who did this did 100 others that day,” he said. Banks have been caught suing themselves before. In 2009, Dow Jones columnist Al Lewis uncovered a case in which Wells Fargo had sued itself in connection with a foreclosure in Florida’s Hillsborough County. The bank owned both the first and second liens on the property and ended up hiring two separate attorneys to deal with the snafu — one to bring the lawsuit and another to defend itself. The Bank of America self-suits seems to have emerged from a scenario that investors have complained about for years involving home equity loans. Big banks like Bank of America service mortgages on behalf of other investors. Bank of America processes payments, negotiates with borrowers and operates the foreclosure process but does not actually own the loan. Many properties from the housing bubble had an additional home equity loan, or second lien. Banks could charge higher interest rates on these second liens because they were riskier loans — the second lien is supposed to eat losses before anything happens to the first lien. When a bank brings a foreclosure case in court, it has to notify whoever owns the second lien that it is taking action. In this case, Bank of America owns the second lien. But meticulous attorneys would not ordinarily let their clients sue themselves. “It is a little bit mindless on the part of the lawyer,” White said. “They don’t need to sue themselves.”

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Income Tax Day Can Be Deadly: Study

April 10, 2012

TORONTO – This month’s income tax deadline day can not only be stressful for those who have left filing their return to the last minute, but it can also be deadly. A 30-year study of traffic accidents in the United States has found that the country’s mid-April tax deadline day is associated with an elevated risk of fatal crashes. Using data for fatal vehicle crashes for every April 15 over the last three decades, the study found that Americans have a six per cent increased risk of dying on tax day — and a similar risk likely occurs on Canada’s tax deadline day, April 30, researchers say. “We find about the same increase in risk both during the morning hours, the afternoon hours and the evening hours,” said lead researcher Dr. Donald Redelmeier, an internal medicine specialist at Sunnybrook Health Sciences Centre in Toronto. “So it’s not all confined to the 11th hour, right before the stroke of midnight. But it prevails for the full day.” That differs from Super Bowl Sunday — another event Redelmeier has studied. His 2003 analysis of traffic deaths on the day of the hugely popular televised National Football League showdown found a 41 per cent increased risk in the average number of road fatalities over a 27-year period. But Super Bowl Sunday traffic deaths occurred primarily within three hours following the game’s completion — not throughout 24 hours, as is the case for tax-filing day. Redelmeier, who is often called on to treat victims of vehicle crashes at Sunnybrook’s regional trauma centre, said the increased risk on U.S. tax day translates into about 13 deaths per year. “None of these people had to die … Road trauma destroys the lives of thousands of people in the United States each year,” as it does in Canada, he said. “And driver error contributes to about 93 per cent of such events.” The study, published in this week’s issue of the Journal of the American Medical Association, used tax day road fatalities as a marker for what high stress can do to driver behaviour on any day of the year, anywhere in the world. “Stress is often speculated as a contributing factor in driver error, and yet stress is almost impossible to study in a scientific manner,” Redelmeier said. “Here, we were trying to pull out one particular form of stress.” He said the largest jumps in risk for fatal crashes on tax deadline day occurred during the last two decades, despite the advent of electronic tax filing during that period. “So that we don’t think that what’s going on here is increased amounts of driving … like the proverbial rushing to the post office at the stroke before midnight. We don’t think that that’s the largest factor here.” Ironically, he said, electronic filing may encourage more people to leave tax-return preparation to the last minute. The study, which also looked at traffic death data for seven days before and seven days after tax day over 30 years, also found that bad weather, such as snow or rain storms, does not appear to be a factor. “We looked at different regions, and the increase in risk was about same, in northern versus southern states, west versus east, urban versus rural,” Redelmeier said. Researchers aren’t clear on what factors are behind the bump-up in the chance of dying in a road accident on the final day for filing taxes. While one explanation is that stressful deadlines can lead to driver distraction and human error, sleep deprivation and drinking alcohol could also play a role. And although the study data only allowed researchers to nail down the six per cent increased risk for fatalities, Redelmeier believes a similar level of risk applies to the spectrum of outcomes that can arise from collisions on roadways — from brain and spinal cord injuries to other kinds of physical trauma and property damage. Intriguingly, only about 20 per cent of Americans leave their tax filing to the deadline, yet there is still a significantly elevated risk of dying on that day. “What that means is even if you as an individual have filed early, it doesn’t mean you’re immunized against the situation, because you live in a community of all sorts of other drivers out there,” he said, noting that non-drivers aren’t immune either. “The increase in risk on tax day included the passengers and pedestrians, which is a common theme of all of road trauma — bad driving imposes risks on other people.” The study was not able to look at traffic deaths in Canada on April 30 because of a lack of good data, but he said high stress leads to distracted drivers in this country as well. “And that stressful tax deadline, like we’ve got in Canada on April 30, might also contribute to short-term human error and result in fatal road trauma.” Redelmeier said no matter how much stress is being experienced, it’s critical that drivers remember to wear their seatbelts, obey the speed limit, restrict alcohol consumption and minimize distractions while behind the wheel. “Almost every one of these fatal crashes could have been entirely avoided by a small change in driver behaviour. Basic safety practices should not be forgotten at times of stress.”

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Occupy Groups Unite Over Foreclosures

April 9, 2012

* Occupy groups working in several cities * Foreclosure crisis inspires middle class * Some banks cooperate, wanting to avoid publicity By Nick Carey April 9 (Reuters) – Mercedes Robinson-Duvallon turned 83 in February, but there was little time for celebration. On her birthday, as she sat in a wheelchair recovering from surgery, sheriffs’ deputies arrived to evict her from the Miami home where she has lived since 1966. A year earlier her property had moved into foreclosure after she defaulted on a refinanced loan. Robinson-Duvallon says she would be homeless now but for the intervention of about 40 members of Occupy Fort Lauderdale, a Florida branch of the national movement that is protesting income inequality and corporate greed. The group took over her lawn and house and even baked her a birthday cake. The deputies decided to let her stay. “I owe the Occupy people,” said Robinson-Duvallon, who is now challenging the eviction in court. “This has all been so horrible, I can’t tell you how many times I’ve cried and cried.” What happened in Miami is also occurring in Cincinnati, Los Angeles and Minneapolis, as local Occupy groups pursue an issue they believe has emotional resonance among America’s struggling lower and middle classes. Fighting foreclosures and evictions, activists say, gives the disparate movement a unifying focus and embodies its anti-Wall Street message. It also has offered a way for Occupy – up till now a largely white, middle-class movement – to broaden its reach to minorities. Interviews with Occupy activists in 11 states show groups from coast to coast have taken up foreclosure fights through rallies, home occupations and court appearances. Matt Browner Hamlin of occupyourhomes.org, a national group focused on this cause, counts “more than 100 Occupy groups” that have taken direct action or formed foreclosure working groups. Cheryl Aichele of Occupy Los Angeles said activists there have helped a dozen homeowners thus far and have many more requests. “This cause,” she said, “brings together everything that we are fighting against – corporate greed, bank bail outs, a corrupt judiciary and corrupt government.” There is little evidence that the banking industry is taking notice, however. Robert Davis, executive vice president of an industry lobby group, the American Bankers Association, said, “It is unlikely that protests are going to have any bearing on the court process” where foreclosures often are challenged. He said banks rely on law enforcement to quash eviction protests that constitute “unlawful occupation of a property … They need to be removed so the property can be sold.” In Cincinnati, a group called Occupy the Hood has found the issue a rallying point in the city’s East Price Hill neighborhood, an ethnically mixed, working-class area hard hit by the economic downturn. Average neighborhood home values have fallen 41 percent since 2002. Amid chants of “Banks got bailed out, we got sold out,” Rigel Behrens and other activists in Cincinnati recently conducted a “foreclosure tour,” visiting seven boarded-up homes. “Abandoned homes are the most obvious, physical manifestation of what is wrong with our system,” said Behrens. Those who have watched the Occupy movement since its September beginnings say the foreclosure focus may help it recover from a slump that followed forced shutdowns of encampments in New York, Washington and other cities. “The Occupy movement seems to have lost some of its punch,” said Susan MacManus, a University of South Florida political science professor. “Focusing on an issue that affects the working class and leaves people feeling alienated is potentially a good strategy. If they can make it work.” FINDING COMMON GROUND Activists in Cincinnati and elsewhere say foreclosures are a serious political issue in minority neighborhoods, where the five-year-old housing crisis cast a long shadow. Housing counseling groups have cataloged how black Americans and Hispanics – even those with good credit – were more likely to end up victims of predatory lenders. Millions of Americans lost their homes in the downturn and around one in four American homeowners is “under water” — owing more than their homes are worth. Again, minorities suffered disproportionately, studies show. A recent study by the non-profit Woodstock Institute, examining properties in six Chicago area counties, showed 17 percent of those located in predominantly white areas were under water. In predominantly black and Hispanic areas, the number soared above 40 percent. In Minneapolis, Anthony Newby, a black housing counselor, appealed to the Occupy group to take on the case of struggling black homeowner Monique White. “It was very much a conscious decision to approach the Occupy movement,” said Newby, now a member of Occupy Homes MN. “The African-American community has been dealing with hardship for decades. But it was new for those white kids on the plaza who were falling out of the middle class for the first time.” In Atlanta, Occupiers say fighting evictions began as an impromptu battle that became a long-term strategy. “This is a strategy to generate tangible wins and build a broader base for the movement,” said Tim Franzen of Occupy Atlanta. “You don’t have to go to a park downtown to make a difference. You can go two doors down and help your neighbor.” “BANKS DON’T LIKE BAD PRESS” Evan Rosen, a lawyer in southern Florida, said the interest of Occupy Fort Lauderdale helped in a foreclosure case he was handling. Occupiers showed up in court to back his client, which he believes influenced the judge’s favorable ruling. “I am not a religious man, but it felt like divine intervention,” said Rosen, who asked that his client’s name be withheld while negotiations with the lender continue. Jeff Weinberger of Occupy Fort Lauderdale said the group has helped four homeowners avoid eviction. “The banks really don’t like bad press,” he said. “So when we show up with the local TV station, it has an effect.” But Bobby Hull says the Occupy movement can only do so much; the rest depends on homeowners themselves. “Occupy is a movement and the best they can do is to help us organize our communities,” he said. “That’s what it takes to win.” Hull, 57, faced eviction in Minneapolis when his health failed and his contracting business tanked. Occupiers rallied for him in December, and he renegotiated his Bank of America mortgage, though he says he is under a gag order and cannot discuss his loan terms. A Bank of America spokesman confirmed a loan modification is underway. Now, Hull and his neighbors have formed an “eviction-free zone” to fight foreclosures. Occupy groups claim the response they get is overwhelmingly positive. The first home on the “foreclosure tour” in East Price Hill was sold off in foreclosure for $1,347. It lost its roof and mildew is eating through the walls. “It’s truly great that these folks are doing something,” said Ron Etter, nodding toward the Occupiers as they approached the next house on the tour. “No one else is.”

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Jerry Jasinowski: A Mixed Economic Picture

April 9, 2012

I’ve just spent an interesting weekend with a group of CEOs discussing the global economic outlook, and how firms are striving to compete and grow in a challenging economic environment. They described a world of rapid change, financial and stock market volatility, and uncertainty. On balance, they are fairly upbeat about the U.S. economy, but have major concerns about Europe, China, and — of course — what’s going on in Washington. After major restructuring, most companies have dramatically reduced their breakeven points and strengthened their balance sheets so they can generate good earnings even in this slow growth environment. The CEOs believe that the U.S. economy is in better shape than most of the rest of the world, and is today the best place to invest. There was uniform agreement that Europe is in a recession and has done little to reduce its sovereign debt problem. More specifically, Spain’s economy is in deep trouble and will have difficulty financing its debt this spring. There were similar concerns about Italy and France. In general, the CEOS are skeptical that the Euro community has put in place the kinds of reforms necessary to make them more competitive and reduce debt. Few companies see a slowdown in China as a problem. Rather, the majority see China as a big opportunity as the Chinese hike investment in infrastructure and switch to a more consumer driven market. The CEOs were concerned about intellectual property protection and unfair business and trading practices by the Chinese. Many companies believe the Chinese government will always tip the scales in favor of Chinese firms, discriminating against U.S. business. I contended the recent run-up in the stock market was in large measure due to the easy credit environment driven by zero interest rates here, a short-term central bank bailout in Europe, and quantitative easing by most central banks. While it is clear that these actions have helped restore economic growth in some areas, particularly mining, oil, housing, commodities, and finance, there have also been negative impacts on economic fundamentals. More importantly, there is growing concern that more quantitative easing will stoke the fires of inflation either here or abroad. Overall, there was near uniformity of opinion among the CEOs that the U.S. will experience 2% to 2.5% growth in the months ahead. Although not satisfied about that, most of the CEOs felt quite able to operate profitably in that environment. They all stressed that they have in place lean manufacturing, new sourcing practices, and new product development that will allow them to be successful in both this country and abroad. Moreover, virtually everyone in the room was looking at acquisitions as a possible add-on to their organic growth models. They were not so optimistic about employment. All the companies were concerned about the high level of unemployment and inadequate training of the U.S. workforce. Friday’s weak — 120,000 payroll — number reinforces their view that too many workers are being left behind in this weak recovery, either because of weak growth, inadequate skills, or uncertainty emanating from Washington. What we need now is a public-private partnership backing a bi-partisan, pro-manufacturing, pro-growth agenda that creates jobs. Jerry Jasinowski, an economist and author, serve d as President of the National Association of Manufacturers for 14 years and later The Manufacturing Institute. Jerry is available for speaking engagements.

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Andreas Souvaliotis: When Profit and Social Responsibility Collide

April 9, 2012

Albert Einstein once famously said, “We cannot solve our problems with the same thinking we used when we created them.” It may very well have been the great thinker’s most prophetic warning ever. Here we are, faced with some of the gravest existential threats in the history of our species, and all we’ve been doing is throwing conventional thinking at the problems — and then we wonder why things keep getting worse. The most obvious of those problems? Climate change, of course. The conventional thinking? Incremental, uninspiring, regressive “sustainability” strategies. In blatant disregard for the great thinker’s teachings, we are continuing to stick our head deep in the sand and convincing ourselves that if we simply do a little less bad, the whole thing will go away like a bad dream. We have even packaged up our brilliant thinking into neat little sound-bites: recycle a few more paper cups, build a few more green office buildings, drive a few more hybrid cars, buy a few more carbon offsets, and it will all be fixed! Really? Has anyone ever done the real math? A long time ago, as our parents and grandparents began to worry about some of the side effects of uncontrolled capitalism, society’s response was to build up a system of important checks and balances: health and environmental NGOs, government regulations, media watchdogs, etc. The explosion of prosperity in the Western world through the second half of the last century naturally resulted in an equivalent increase in the strength and pervasiveness of the counter-balancing systems. NGOs became huge and global, governments grew massive regulatory teeth and the media became angrier and sharper. And we went on with our happy lives, believing that we live in a beautifully balanced world… Clearly, we had it wrong. We thought the model was balanced, but in reality it was just polarized — and the wealthier we got, the more polarized it became. By birthing “forces for good” and giving them the simplistic mission to mop up the mess that we created with our for-profit businesses, we actually made things worse! We fuelled a very well-entrenched belief among all participants in our capitalist society that you can’t make a profit without harming the world — and that the only people who can do good for our world are the ones who don’t make a profit. In our obese, lazy, polluted, climate-threatened 21st-century society, “giving back” has become one of the most fashionable lines — as if to imply that we really must have stolen something from the world as we were making a profit! It’s time to hit the reset button. Time to heed Einstein’s advice. We’re in trouble. Our “balanced” model isn’t working. Our planet is getting sicker by the day; our children are already assuming they will have a lower standard of living and that their lives will be shorter and less healthy than ours. Could it be that we actually allowed ourselves to become the “peak” generation in the history of our species? We need real solutions, not yesterday’s ineffective incremental stuff. We need to ignite the imagination of our 7 billion fellow passengers if we stand a chance to really turn this thing around. A few recycled cups and carbon offsets, when some estimate we’re making more than a billion new babies a decade, is not the solution — it was just a nice, cute start. It’s time to re-invent our path to profit and wealth, because that’s what it will take to excite and drive our fellow passengers. We are creatures of nature and that makes us greedy by design. Yesterday’s sustainability preachings were all about suppressing our instincts and our nature. Tomorrow’s solutions need to be about prosperity through innovation and about practical ideas about a new kind of capitalism, like Michael Porter’s shared value model . It’s time for new, big thinking. Time to kill our polarized old models. Time to intertwine profit and good in such a way that you can’t generate one without the other. Time to start creating real value and prosperity and time to ban that awful line about “giving back”…

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Apple’s iPad: The Tablet People Know

April 8, 2012

NEW YORK — Apple is on the verge of doing what few others have: change the English language. When you have a boo-boo, you reach for a Band-Aid not a bandage. When you need to blow your nose, you ask for Kleenex not tissue. If you decide to look up something online, you Google instead of search for it. And if you want to buy a tablet computer, there’s a good chance there’s only one name you’ll remember. “For the vast majority, the idea of a tablet is really captured by the idea of an iPad,’” says Josh Davis, a manager at Abt Electronics in Chicago. “They gave birth to the whole category and brought it to life.” Companies trip over themselves to make their brands household names. But only a few brands become so engrained in the lexicon that they’re synonymous with the products themselves. This so-called “genericization” can be both good and bad for companies like Apple, which must balance their desire for brand recognition with their disdain for brand deterioration. It’s one of the biggest contradictions in business. Companies spend millions to create a brand. Then, they spend millions more on marketing that can have the unintended consequence of making those names so popular that they become shorthand for similar products. It’s like if people start calling station wagons Bentleys. It can diminish a brand’s reputation. “There’s tension between legal departments concerned about `genericide’ and marketing departments concerned about sales,” says Michael Atkins, a Seattle trademark attorney. “Marketing people want the brand name as widespread as possible and trademark lawyers worry … the brand will lose all trademark significance.” It doesn’t happen often. In fact, it’s estimated that fewer than 5 percent of U.S. brand names become generic. Those that do typically are inventions or products that improve on what’s already on the market. The brand names then become so popular that they eclipse rivals in sales, market share and in the minds’ of consumers. And then they spread through the English language like the common cold in a small office. “There’s nothing that can be done to prevent it once it starts happening,” says Michael Weiss, professor of linguistics at Cornell University. “There’s no controlling the growth of language.” FIGHTING BACK A company’s biggest fear is that their brand name becomes so commonly used to describe a product that a judge rules that it’s too “generic” to be a trademark. That means that any product – even inferior ones – can legally use the name. A brand usually is declared legally generic after a company sues another firm for using its name and the case goes to a federal court. Drug maker Bayer lost trademarks for the names “aspirin” and “heroin” this way in the 1920s. So did B.F. Goodrich, which sued to protect its trademark of “zipper” in the 1920s after the name joined the world of common nouns. Similar cases deemed “escalator” generic in 1950, “thermos” generic in 1963 and “yo-yo” generic in 1965. It’s difficult to quantify how much revenue a company loses when its brand is deemed generic. But companies worry that it breeds confusion among consumers. To prevent their names from becoming generic, some companies use marketing to reinforce their trademarks. For instance, after its Band-Aid brand name started becoming commonly used to refer to adhesive bandages, Johnson & Johnsons changed its jingle in ads from “I’m Stuck on Band-Aid” to “I’m Stuck on Band-Aid brand.” Kleenex uses “Kleenex brand” instead of just “Kleenex” on its packaging and in marketing and places ads to remind people Kleenex is trademarked. And the company contacts some people who use Kleenex generically to refer to tissue in order to correct them. “We’ve worked very hard to keep `Kleenex’ from going the route of `escalator’ and `aspirin,’” says Vicki Margolis, vice president and chief counsel, intellectual property and global marketing for Kimberly-Clark, which owns Kleenex. “If we lose the trademark, people can use it with sandpaper and call that a Kleenex.” Xerox is taking a similar route. The company, which introduced the first automatic copier in the U.S. in 1959, has been on a public crusade for decades to keep its brand from becoming generic. The machine’s success has led people to start using “Xerox” to refer to any copying machine, copies made from one and the act of copying. “In the mid- to late-1970s, we ran dangerously close to Xerox becoming `genericized,’” says Barbara Basney, vice president of global advertising. “That prompted a lot of proactive action to protect our trademark.” Xerox has spent millions taking out ads aimed at educating so-called “influencers” like lawyers, journalists and entertainers about its brand name. A 2003 ad said: “When you use `Xerox’ the way you use `aspirin,’ we get a headache.” More recently, a 2007 ad read: “If you use “Xerox” the way you use “zipper,” our trademark could be left wide open.” While people still use “Xerox” generically – the Merriam-Webster dictionary lists the word as both a lower-case verb with the definition “to copy on a xerographic copier” and a trademarked noun – the brand says its campaign has been a success. Xerox is still popular: It’s ranked the 57th most valuable global brand, worth $6.4 billion, according to brand consultancy Interbrand. And perhaps most importantly, Xerox hasn’t lost its trademark. TAKING IT IN STRIDE Sometimes companies embrace when their brands become common nouns. Perhaps the best example of this is Google, a company created in 1998 when Alta Vista and Yahoo.com were the top online search engines. Google, which created a formula that returned more accurate results than its competitors, became so popular that people began saying “Google” to refer to a Web search, in general. Experts say Google has benefited from its name becoming a part of the lexicon. “You don’t say `Why don’t I Google it’ and go to Yahoo or Bing,” says Jessica Litman, professor of copyright law at the University of Michigan Law School, referring to other search engines. Apple also has gotten a boost from its brand names becoming synonymous with products. The iPod, which was the first digital music player when it came out in 2001, is still the name people use for “digital music player” or “MP3 player.” And it appears Apple’s iPad is headed down the same path. For consumers like Mary Schmidt, 58, the “iPad” is generic for “tablet.” Schmidt, a Baltimore marketing executive, owns an iPad and doesn’t know the names of any other tablets. “When I think of tablets, I think of an iPad,” she says. “I think it’s going to be the generic name. They were first.” It remains to be seen if the iPad will maintain its name domination in the tablet market. Apple declined to comment for this article. For now, Apple Inc. has a majority of the tablet category, which includes Amazon’s Kindle Fire and Samsung Electronics Co.’s Galaxy Tablet. The iPad accounted for about 73 percent of the estimated 63.6 million tablets sold globally last year, according to research firm Gartner. Apple’s market share is likely to decline as more rivals roll out tablets. But experts say that won’t necessarily diminish iPad’s name recognition. “Apple is actually pretty good at this,” says Litman, the law school professor. “It’s able to skate pretty close to the generics line while making it very clear the name is a trademark of the Apple version of this general category.” When the iPad debuted in 2010, some people offered up “Apple Tablet” or the “iTab” as better names. Others even suggested that the name sounded more like a feminine hygiene product than a tablet: “Get ready for Maxi pad jokes and lots of `em!” wrote tech site Gizmo at the time. Two years later, those complaints are all but forgotten. “At the end of the day, the product was so successful that even if it wasn’t the `quote unquote’ best name, it made the name synonymous with the category,” says Allen Adamson, managing director at branding firm Landor.

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Could LA Go Bankrupt?

April 7, 2012

LOS ANGELES — Los Angeles’ top budget official says the city could go bankrupt if it doesn’t overhaul its finances with new taxes, possible layoffs and the privatization of some city services. In a sweeping report, Santana blamed the shortfall on stagnant revenues and rising employee costs such as payroll and pensions. He is searching for ways to come up with $150 million in new income. One proposal is to double the so-called documentary transfer tax imposed on property sales, which could generate $100 million. Santana also wants to dole out some city services to private companies, including the management of the LA Convention Center and the zoo.

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Report: Predominantly Latino and African American Neighborhoods Suffer A New Front of Discrimination

April 7, 2012

Three years since a Wells Fargo Bank loan officer shared the details of how she and her colleagues targeted and directed prospective African American homebuyers into taking out expensive high-interest subprime mortgages to The New York Times, racial discrimination in the housing market is still an issue. According to a new investigative report by the National Fair Housing Alliance (NFHA), a coalition of fair housing non-profit organizations, six major banks are engaging in discriminatory practices in the maintenance and marketing of foreclosed Real Estate Owned (REO) properties in predominantly Latino and African American neighborhoods. CEO and President of the NFHA, Shanna L. Smith, said in a press release that the report “offers evidence that banks responsible for peddling unsustainable loans to communities of color and triggering our current foreclosure crisis are continuing to damage those communities by failing to properly maintain and market the properties they own.” The report looked at nine cities and cited “extremely troubling disparities.” For instance, in Philadelphia, PA, 41 percent of foreclosed homes in African American communities were cited with more than 10 distinct maintenance or marketing problems. In contrast, not one property in a predominantly white community was cited with the same. And in Phoenix, AZ, 73 percent of REO properties in Latino neighborhoods were missing a “For Sale” sign. The same could only be said for 31 percent of homes in predominantly white neighborhoods. Marred by disrepair and neglect, the report goes on to state that the abandoned homes, “degrade the quality of life in these neighborhoods.” Under the federal Fair Housing Act , it is illegal to engage in discriminatory practices with regards to real estate-related transactions. The NFHA and the U.S. Department of Housing and Urban Development plan to file administrative complaints against the banks in question. A 2009 report by the Center for American Progress found that among 14 major banks, all engaged in predatory lending practices that targeted people of color. In 2006, a whopping 41.5 percent of African American and 30.9 percent of Hispanic borrowers received higher-priced mortgages than necessary. 17.8 percent of white borrowers received higher-priced mortgages. Moreover, a study by the Center for Responsible Lending published last year found that borrowers of color were more than twice as likely than white households to lose their homes. The reason? “African Americans and Latinos were consistently more likely to receive high-risk loan products, even after accounting for income and credit status,” according to the report.

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Sorry, Kindle: The iPad Is The Only Tablet Most People Know

April 7, 2012

NEW YORK (AP) — Apple is on the verge of doing what few others have: change the English language. When you have a boo-boo, you reach for a Band-Aid not a bandage. When you need to blow your nose, you ask for Kleenex not tissue. If you decide to look up something online, you Google instead of search for it. And if you want to buy a tablet computer, there’s a good chance there’s only one name you’ll remember. “For the vast majority, the idea of a tablet is really captured by the idea of an iPad,’” says Josh Davis, a manager at Abt Electronics in Chicago. “They gave birth to the whole category and brought it to life.” Companies trip over themselves to make their brands household names. But only a few brands become so engrained in the lexicon that they’re synonymous with the products themselves. This so-called “genericization” can be both good and bad for companies like Apple, which must balance their desire for brand recognition with their disdain for brand deterioration. It’s one of the biggest contradictions in business. Companies spend millions to create a brand. Then, they spend millions more on marketing that can have the unintended consequence of making those names so popular that they become shorthand for similar products. It’s like if people start calling station wagons Bentleys. It can diminish a brand’s reputation. “There’s tension between legal departments concerned about ‘genericide’ and marketing departments concerned about sales,” says Michael Atkins, a Seattle trademark attorney. “Marketing people want the brand name as widespread as possible and trademark lawyers worry … the brand will lose all trademark significance.” It doesn’t happen often. In fact, it’s estimated that fewer than 5 percent of U.S. brand names become generic. Those that do typically are inventions or products that improve on what’s already on the market. The brand names then become so popular that they eclipse rivals in sales, market share and in the minds’ of consumers. And then they spread through the English language like the common cold in a small office. “There’s nothing that can be done to prevent it once it starts happening,” says Michael Weiss, professor of linguistics at Cornell University. “There’s no controlling the growth of language.” FIGHTING BACK A company’s biggest fear is that their brand name becomes so commonly used to describe a product that a judge rules that it’s too “generic” to be a trademark. That means that any product — even inferior ones — can legally use the name. A brand usually is declared legally generic after a company sues another firm for using its name and the case goes to a federal court. Drug maker Bayer lost trademarks for the names “aspirin” and “heroin” this way in the 1920s. So did B.F. Goodrich, which sued to protect its trademark of “zipper” in the 1920s after the name joined the world of common nouns. Similar cases deemed “escalator” generic in 1950, “thermos” generic in 1963 and “yo-yo” generic in 1965. It’s difficult to quantify how much revenue a company loses when its brand is deemed generic. But companies worry that it breeds confusion among consumers. To prevent their names from becoming generic, some companies use marketing to reinforce their trademarks. For instance, after its Band-Aid brand name started becoming commonly used to refer to adhesive bandages, Johnson & Johnsons changed its jingle in ads from “I’m Stuck on Band-Aid” to “I’m Stuck on Band-Aid brand.” Kleenex uses “Kleenex brand” instead of just “Kleenex” on its packaging and in marketing and places ads to remind people Kleenex is trademarked. And the company contacts some people who use Kleenex generically to refer to tissue in order to correct them. “We’ve worked very hard to keep ‘Kleenex’ from going the route of ‘escalator’ and ‘aspirin,’” says Vicki Margolis, vice president and chief counsel, intellectual property and global marketing for Kimberly-Clark, which owns Kleenex. “If we lose the trademark, people can use it with sandpaper and call that a Kleenex.” Xerox is taking a similar route. The company, which introduced the first automatic copier in the U.S. in 1959, has been on a public crusade for decades to keep its brand from becoming generic. The machine’s success has led people to start using “Xerox” to refer to any copying machine, copies made from one and the act of copying. “In the mid- to late-1970s, we ran dangerously close to Xerox becoming ‘genericized,’” says Barbara Basney, vice president of global advertising. “That prompted a lot of proactive action to protect our trademark.” Xerox has spent millions taking out ads aimed at educating so-called “influencers” like lawyers, journalists and entertainers about its brand name. A 2003 ad said: “When you use ‘Xerox’ the way you use ‘aspirin,’ we get a headache.” More recently, a 2007 ad read: “If you use “Xerox” the way you use “zipper,” our trademark could be left wide open.” While people still use “Xerox” generically — the Merriam-Webster dictionary lists the word as both a lower-case verb with the definition “to copy on a xerographic copier” and a trademarked noun — the brand says its campaign has been a success. Xerox is still popular: It’s ranked the 57th most valuable global brand, worth $6.4 billion, according to brand consultancy Interbrand. And perhaps most importantly, Xerox hasn’t lost its trademark. TAKING IT IN STRIDE Sometimes companies embrace when their brands become common nouns. Perhaps the best example of this is Google, a company created in 1998 when Alta Vista and Yahoo.com were the top online search engines. Google, which created a formula that returned more accurate results than its competitors, became so popular that people began saying “Google” to refer to a Web search, in general. Experts say Google has benefited from its name becoming a part of the lexicon. “You don’t say ‘Why don’t I Google it’ and go to Yahoo or Bing,” says Jessica Litman, professor of copyright law at the University of Michigan Law School, referring to other search engines. Apple also has gotten a boost from its brand names becoming synonymous with products. The iPod, which was the first digital music player when it came out in 2001, is still the name people use for “digital music player” or “MP3 player.” And it appears Apple’s iPad is headed down the same path. For consumers like Mary Schmidt, 58, the “iPad” is generic for “tablet.” Schmidt, a Baltimore marketing executive, owns an iPad and doesn’t know the names of any other tablets. “When I think of tablets, I think of an iPad,” she says. “I think it’s going to be the generic name. They were first.” It remains to be seen if the iPad will maintain its name domination in the tablet market. Apple declined to comment for this article. For now, Apple Inc. has a majority of the tablet category, which includes Amazon’s Kindle Fire and Samsung Electronics Co.’s Galaxy Tablet. The iPad accounted for about 73 percent of the estimated 63.6 million tablets sold globally last year, according to research firm Gartner. Apple’s market share is likely to decline as more rivals roll out tablets. But experts say that won’t necessarily diminish iPad’s name recognition. “Apple is actually pretty good at this,” says Litman, the law school professor. “It’s able to skate pretty close to the generics line while making it very clear the name is a trademark of the Apple version of this general category.” When the iPad debuted in 2010, some people offered up “Apple Tablet” or the “iTab” as better names. Others even suggested that the name sounded more like a feminine hygiene product than a tablet: “Get ready for Maxi pad jokes and lots of ‘em!” wrote tech site Gizmo at the time. Two years later, those complaints are all but forgotten. “At the end of the day, the product was so successful that even if it wasn’t the ‘quote unquote’ best name, it made the name synonymous with the category,” says Allen Adamson, managing director at branding firm Landor.

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Buy The Moon? Loophole Might Let Companies Own Outer Space

April 6, 2012

Got an extra couple of billion dollars lying around? Need a hot investment tip? To the moon, Alice! A shift in policy could open up the moon and other celestial bodies to ownership by private companies. Rand Simberg, a space policy consultant, laid out his proposal, called the Space Settlement Prize Act in a paper published April 2 by the libertarian think tank The Competitive Enterprise Institute, according to a report by Wired . In order for the large-scale colonization of space to move forward, governments such as the U.S. would provide “property rights for those who seek to develop space resources and infrastructure,” the draft act states . The proposal places the onus of space exploration on private enterprise rather than taxpayer contributions and, if passed, would signal a radical change in the way we think about outer space. The 1967 Outer Space Treaty prohibits sovereign nations from owning a celestial body — such as a planet or asteroid — and has been ratified by 100 countries, including the United States. But the treaty does not explicitly prohibit ownership of space resources by private enterprises. This is the loophole that Simberg’s plan would seek to use, and he plans to shop it around on Capitol Hill , according to Popular Science . “It would have great potential to kick the development of extraterrestrial resources — and perhaps even the human settlement of space — into high gear,” Simberg wrote in the summary of the proposal . But space attorney Michael Listner maintains that sidestepping the treaty and granting extraterrestrial property rights could provoke political backlash. “The government would take a hit. It’s sort of a nonstarter,” Listner told Wired . Simberg’s plan comes at a time when the U.S. government has made dramatic cuts to its space program. The last space shuttle mission was completed in July 2011. Additionally, a future series of manned deep-space exploration missions, the Constellation program, was cancelled in June 2011 . These developments have brought economic hard times on the residents of Brevard County, Fla., as reported by “60 Minutes.” While there is some private interest in space exploration — Richard Branson’s Virgin Galactic enterprise is probably the most familiar name in commercial sub-orbital flight — there is no clear heir to the large void created by the absence of government-led programs. In the spirit of American expansion into the old west, Simberg’s proposal banks on the assumption that issuing property rights to space resources will create a kind of gold rush that would bring the national economy along for the ride. But with no one to build the wagons — let alone drive them — the trail ends where it starts. As yet, there’s no destiny to manifest on the final frontier.

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Jennifer Hamady: Reevaluating Ownership

April 6, 2012

I was on a train this morning, where I saw an advertisement — in Spanish — for attorneys offering to secure compensation for the victims of accidents and malpractice. The number to call was: 1-888-MARGARITA™ Setting aside the word choice someone thought appropriate for promoting legal services to New York’s Spanish-speaking community, I’d like to take up the pervasive use of the trademark in our culture today. My interest in the subject has been growing for a while, given that everywhere I look — on the internet, in magazines, on television, and in newspapers — the ™ and ® symbols (trademark pending and registered, respectively) abound. They’re becoming as common as commas, yet with a far greater impact than often overused punctuation. For those of you unfamiliar with what those little symbols mean, they mean that you can no longer freely use whatever comes before them. Those words, common as they may be, are now effectively the business property of someone who has chosen to link up their professional ambitions, services or products with them. This issue came to a head for me on a recent walk in midtown. I gazed up to see a mural of Sean “Puffy” Combs promoting his new Vodka. Under the name were the words: Perfectly Smooth. With a big fat ® after them. Are you kidding me? If I’m a baker, I can’t write on my website that my cake’s texture is perfectly smooth? I can’t — if I’m an auto-detailer, a plastic surgeon or a floor sander — describe my work this way. Can I? In my own field of voice, the trend to lock in language has also blossomed. There are thousands of trademark applications and successful registrations each year for companies, websites and services that include the words voice, vocal, tone, breath, breathing, body, note, notes, support, sing and singing, to name only a few. Mix them up, throw a ™ after them, and everyone else is left unable to say much of anything. I’m not saying companies shouldn’t be able to protect the unique titles and content that distinguish their brand. Service and trademark laws were created for this reason and thus, why Nike, lululemon, and Wikipedia — deservedly so — have been granted trademarks. These companies have earned the right to utilize the laws created to protect imagination, hard work and commitment to a corporate and cultural identity. Yet this law, appropriate as it is, also serves to protect — and in the process, prevent others from using — monikers and phrases that are in no way original or imaginative. Even those who are neither in, nor yet successfully in, business may — with little more than a simple website and a dated pamphlet — take national and even worldwide professional ownership of words and phrases that have for centuries been used in the common vernacular. It is interesting that the legal lockdown of conversational language is progressing while copyright law and rights are being so thoroughly challenged. While “perfectly smooth” and “margarita” are now effectively off the professional English-speaking market worldwide (as well as, in translation, in many others) entire albums, books and movies are being publicly shared without acknowledgement of or compensation for those who created them. For some — particularly those from younger generations — this doesn’t seem like such a big deal. It’s not only appropriate, but fair, to get songs, movies and books for free. These boys and girls weren’t around when copyright laws were put in place to protect the creations — and livelihoods — of men and women who spent entire lifetimes generating high quality literary, cinematic, theatrical and musical works for the rest of us to enjoy and benefit from. To these kids, while their laptops, iPhones and clothes are decidedly theirs , so too are the blood, sweat and tears of every composer, author, director and screenwriter that has ever lived. Before you argue the theoretical or legal specifics of creative ownership, hear me out. I’m not saying that the rules should never change. Certainly they do and certainly we must embrace them, lest we are to be left in the proverbial and technological dust. But we also have the right to question — beyond our comfort and our convenience — why the rules are changing. Is the expansion of free access to musical, literary and artistic creations in order to inspire and educate people of all ages, nations and means? Or to serve the greed that may be so easily fulfilled by technology that happily, if not legally, makes everything freely accessible? Similarly, is the expanded use of trademark law in order to serve and protect inspired business owners and their unique ideas and brands, or to provide an economic boon for that branch of government, as well as for the lawyers that profitably interface with it in the filing and fighting of claims? Penalties for using trademarked words and phrases — even in personal blogs — are already on the books, including words and phrases you used long before someone chose to submit a check for $375 to the patent and trademark office in Washington, D.C. Some would argue that the path we’re on is inevitable, thanks to our historical and current cultural notions of “ownership.” Land, people, animals and now language… is there nothing — or no one — that we are unable to intellectually convince ourselves that we have a right to own ? Our inability to see ourselves as an interdependent and collective whole leaves us with a view of the world as scarce and therefore, we are determined to grab rabidly — desperately — for what we want. It’s like the sandbox all over again, only now instead of screaming “Mine!” at each object we want, we type up on-line applications, hire lawyers and file and cease-and-desist orders. Certainly there needs to be protections for creators to ensure that their brands — and content — may be fairly delivered to and received by the public. But with respect to common words and phrases, we’ve gone too far. Unless, that is, you don’t mind your local bar advertising that their “popular tequila-based drink” is “flawlessly even.”

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New National Forest Lands Financed By Drilling Fees

April 6, 2012

Offshore drilling fees are financing the purchase of $41.6 million worth of new national forest lands in 15 states. Agriculture Secretary Tom Vilsack said Thursday the 28 different purchases from North Carolina to Oregon will protect clean water and fish and wildlife habitat, absorb private inholdings within wilderness areas, and support outdoor recreation spending that contributes $14.5 billion annually to the economy. The purchases from willing sellers represent about 20,000 acres, which were chosen from 68 applications. The money comes from the Land and Water Conservation Fund, created in 1964. Congress taps mitigation fees paid by companies drilling for offshore oil and gas to finance the fund year to year. The fund is capped at $900 million a year. Other federal agencies also use it. Projects are typically proposed by local organizations and evaluated by the U.S. Forest Service. Purchases often are arranged with help from organizations like the Trust for Public Lands and Nature conservancy. In California, Trust for Public Lands arranged the purchase of the Fleming Ranch for $1.5 million to add to the San Bernardino National Forest. The 1,288 acres has been used as a retreat by the Fleming family since the early 1900s, and is surrounded by the national forest, said Brent Handley, who oversees acquisitions for the trust. The property abuts the Pacific Crest Trail and the San Jacinto Wilderness, and is covered with oak, pine and Douglas fir. The Forest Service said it planned to do thinning projects to reduce fire danger and promote carbon sequestration in the trees. The fund is paying $1.4 million to complete the purchase of 1,481 acres previously marketed for vacation home sites along the Imnaha River in northeastern Oregon and add them to the Hells Canyon National Recreation Area on the Wallowa-Whitman National Forest. The transaction completes the sale to the Forest Service of 6,695 acres the Nature Conservancy bought in 2008 from the Gazelle Land and Timber Co., said conservancy spokesman Stephen Anderson. Since 2008, the land has been open to the public for fishing along the Imnaha River, and they accounted for 35 percent of the spring chinook caught in the river in 2009.

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Danny Schechter: It’s Tax Time: Is It Also a Time to Occupy the IRS?

April 5, 2012

Every year I trek down to a nondescript office building near Wall Street with a bag full of receipts and a belly full of anxiety. When it’s tax time, I always hope for the best but… I also had an accountant who I trusted to keep me on the up and up. He was recommended years earlier by the Yippie activist Abbie Hoffman, who wanted to avoid the Al Capone problem. Abbie had been busted enough for his political activities and didn’t want more jail time for non-payment of taxes. So he had to be like the driven snow to withstand any audit. And he was. He was a revolutionary who held his nose and paid the man. Back in the day, the government used IRS investigations to threaten political activists and intimidate activists that paid their taxes as opposed to those who became tax resisters to refuse to pay for wars. They prosecuted them or seized their property. Those war tax resisters seemed to always get special attention from the IRS enforcement division that wanted to make an example of a few often religious people challenging the agency for fronting for a “Defense” budget that never stopped growing, and has had little to do with real defense. I admire their bravery and defiance but haven’t had the guts to join them. In some countries, tax defiance is growing against new taxes imposed in the aftermath of repugnant cutbacks in the name of austerity. The New York Times reports from Ireland that there’s a massive boycott underway of a new property tax: “Anti-austerity protesters are claiming victory after the government acknowledged that around 50 percent of Ireland’s estimated 1.6 million homeowners failed to pay a new, flat-rate $133 property tax by the March 31 deadlines.” Today, especially thanks to Occupy Wall Street, we know how economic inequality had grown while the people with the most money in society work the hardest to not pay their fair share. They have been resisting for years, “legally,” they claim. Those armed with lobbyists and pricey tax firms have never seen a deduction they don’t like or a sleazy maneuver they wouldn’t try. As Chuck Collins writes in his new book 99-1 : “In 2010, 25 of the 100 largest U.S. companies paid their CEO more than they paid in U.S. taxes. This is largely because corporations in the global 1 percent use off shore tax havens to dodge their U.S. taxes.” The “experts” who have looked at the taxes we pay look away with disgust. This is from Ezra Klein’s blog in the Washington Post : Those in the middle-income quintile, for instance, can pay anywhere between 1.7 percent and 23.5 percent of their income in federal taxes. About a quarter of the wealthiest Americans, meanwhile, have a lower average tax rate (17.4 percent) than many of those in making far less money. What explains the wild variation? Part of it is that some Americans — Mitt Romney is the most famous example — get a sizeable chunk of their income from capital gains, taxed at a lower rate than salaries. There are also a variety of deductions and credits in the tax code that only certain people either can or do take advantage of. No surprise here, as we have never watched the Republicans cut the tax breaks of the richest Americans. Americans For Financial Reform is trying to make the tax issue into a political controversy without much help from our tepid and complicit media, writing: “With tax Day just around the corner, and so many Americans struggling to make ends meet, we can’t help but notice that Wall Street is still not paying their fair share. Yesterday, we sent out a press release announcing that prominent bankers now supported a financial speculation tax. Of course, that was an April fools joke. They don’t. And they won’t. Which is why its so important for all of us to take action. This April, send a message to President Obama, It’s Time to Tax Wall Street. They add : “A small tax on financial transactions has the potential to raise significant revenue and simultaneously limit reckless short-term speculation that can threaten financial stability. We are writing to ask you to support such a tax for the United States. We are also asking that you put an end any Treasury Department opposition to the implementation of the tax in Europe. Many European countries are moving ahead with this idea, and so should the United States.” The Democrats are legitimately attacking Republican Paul Ryan’s “budget” that will ensure more tax breaks for the rich while at the same time backing a law that undercuts financial regulation, as former Labor Secretary Robert Reich explains : And then there’s the “Jumpstart Our Business Startups” or “JOBS” Act, which President Obama is expected to sign into law Thursday. It allows so-called “crowd funding” by which people whose net worth is less than $100,000 can gamble away (invest) up to 5 percent of their annual incomes in any get- rich-quick scam (start-up) that any huckster (entrepreneur) may sell them. Forget the usual investor disclosures or other protections. In the interest of “streamlining,” Congress has streamlined the way to fraud… The bill was sold to Congress as a way to promote jobs (note the acronym) on the supposition that small start-ups create huge numbers of them. Wrong. That assumption comes from research by the Kauffman Foundation, which counted as a “start-up job” every laid-off worker who morphed into an independent contractor. This may be the year for OWS to consider Occupying the IRS, or at least finding a dramatic way of challenging the lack of fairness in our tax codes as well as the “priorities” the tax money currently funds including wars and subsidies for those that don’t need them. You don’t have to be, or have, an accountant to know the score. Death and taxes will always be with us but this current tax regime is so skewed and disgusting that it demands to be challenged and junked. News Dissector Danny Schechter writes the Newsdissector.net blog. His most recent book is Occupy: Dissecting Occupy Wall Street (Cosimo) and film Plunder (Pluderthecrimeofourtime.com). Comments to dissector@mediachannel.org.

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Bill That Would Criminalize Online Speech Gets Overhaul After Outcry

April 4, 2012

You can still write annoying, profane things about this story — at least for now. Arizona legislators are expected to amend a controversial bill that experts say could stifle free speech online and violate the First Amendment. But free speech experts say the anticipated changes to the bill — which will be made before sending the legislation to Gov. Jan Brewer (R) — may not fix the major flaws in the proposal, which passed both legislative houses last week. “The Internet would shut down if this bill were judged to be constitutionally sound — everything annoying or offensive said online would be caught up in it,” said Derek Bambauer, a professor at Brooklyn Law School who specializes in Internet law and may work with the Arizona ACLU to challenge the bill. “This is plainly unconstitutional.” Arizona House Bill 2549 seeks to update an existing harassment statute that applies to telephone calls by expanding the law to include communication via “any electronic or digital device.” It additionally proposes to make it “unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.” Experts say that according to the current text of the bill, trying to annoy a friend with expletive-laden text messages mocking his or her favorite basketball team would be classified as a class 1 misdemeanor — which can carry a fine of up to $250,000 and a six-month jail sentence . Emailing a graphic video to friends with the intent to offend them would also be a criminal act, as would saying “go f— yourself” in an instant message conversation. Legal experts argue that the proposed bill violates the First Amendment, offers a vague definition of exactly what speech would be prohibited, and stands to criminalize communication that is commonplace — and protected — online. “It could sweep a lot of potentially protected speech into the criminal sphere. I’m not sure what ‘obscene,’ ‘lewd’ or ‘profane’ language is. Does that mean the law can be used to prosecute someone who forwards a bad joke?” said Roy Gutterman, the director of the Tully Center for Free Speech at Syracuse University. “The risk is that this heightened sensitivity can chill speech and cause people not to express themselves the way they might want to express themselves, even if it might offend someone.” The Media Coalition, an advocacy group representing content creators such as the Motion Picture Association of America and the Recording Industry Association of America, has urged Brewer to veto the bill , which has also sparked outcry online from groups such as the hacker group Anonymous . Three business days after the state legislature approved the bill, Arizona state Rep. Ted Vogt, the bill’s primary sponsor, told The Huffington Post that legislators now plan to amend the bill before sending it to Brewer. Though the revised text has not been released, Vogt said it will be changed to clarify that the law would exempt constitutionally protected speech, apply to situations in which “an individual is targeting another specific individual or group of individuals,” and specify that the communication must be “coupled with a course of conduct.” “We’re updating a pre-existing law to recognize that we use different devices for communication now,” Vogt said. “If you are threatening me via email, or via instant message, or via the phone, what’s the difference? You are specifically threatening me and that’s the activity that this bill has gone after in the past and will continue to go after.” Rep. Steve Farley (D-Phoenix), a co-sponsor of the bill, said that the proposed legislation offers a much-needed defense against threatening speech online and would be used primarily in domestic abuse cases. “I know people are focusing on unintended consequences of the bill, but I don’t think that’s realistic,” Farley said. “I think this is a wakeup call that we should be civil online and in society in general. I don’t think it’s right we should ever be able to threaten violence against each other online.” The bill was able to gather bipartisan support in the Republican-controlled Arizona legislature, which has seen constant divide between both parties in the last two years. The list of co-sponsors spans the ideological spectrum, including House Minority Leader Chad Campbell (D-Phoenix), who leans toward the liberal end, and state Rep. Terri Proud (R-Tucson), one of the more conservative legislators in the state. Brewer’s spokesman, Matt Benson, said that the governor has not taken a position on the bill, which is awaiting a final legislative vote. Brewer traditionally does not take positions on bills before they reach her desk. Some law professors argue that the changes outlined by Vogt alone may do little to remedy the bill’s flaws. “Even so narrowed, the statute is unconstitutional. You simply cannot prohibit emails that are said to be intended to offend. That violates the First Amendment flat out,” said University of Chicago Law School professor Geoffrey Stone, who specializes in constitutional law. “You can prohibit email if the recipient has requested you to stop sending them. That’s different — but that’s not what this says.” There’s also the trouble of enforcing the proposed law: Even if the bill were to pass, Arizona could do little to punish digital wrongdoers who are harassing Phoenicians or Tusconers from across state lines, or abroad. John Celock contributed reporting.

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William Lazonick: How High CEO Pay Hurts the 99 Percent

April 4, 2012

Corporations are not working for the 99 percent. But this wasn’t always the case. In a special five-part AlterNet series, William Lazonick, professor at UMass, president of the Academic-Industry Research Network, and a leading expert on the business corporation , along with journalist Ken Jacobson and AlterNet’s Lynn Parramore, will examine the foundations, history and purpose of the corporation to answer this vital question: How can the public take control of the business corporation and make it work for the real economy? While most Americans struggle to make ends meet, the CEOs of major U.S. business corporations are pulling eight-figure, and sometimes even nine-figure, compensation packages. When they win, the 99 percent lose. We rely on these executives to allocate corporate resources to investments in new products and processes that, in a world of global competition, can provide us with good jobs. Yet the ways in which we permit top corporate executives to be paid actually gives them a strong disincentive to invest in innovation and training. The proper function of the executive is to figure out how to develop and use the corporation’s productive capabilities (business schools call it “competitive strategy”). But that’s not happening. In effect, U.S. top executives rake in obscene sums by not doing their jobs. The Runaway Compensation Train When all the data from corporate proxy statements are in within the next month or so, they will show that 2011 was another  banner year for top executive pay . Over the previous three years the average annual compensation of the top 500 executives named on corporate proxy statements was “only” $17.8 million , compared with an annual average of $27.3 million for 2005 through 2007. Yet even in these recent “down” years, the compensation of these named top executives was more than double in real terms their counterparts’ pay in the years 1992 through 1994. It might surprise you to learn that in the early 1990s, executive pay was already widely viewed as out of line with what average workers got paid. In 1991 Graef Crystal, a prominent executive pay consultant, published a best-selling book, In Search of Excess: The Overcompensation of American Executives , in which he calculated that over the course of the 1970s and ’80s, the real after-tax earnings of the average manufacturing worker had declined by about 13 percent. During the same period, that of the average CEO of a major US corporation had quadrupled! Bill Clinton took up the issue in his 1992 presidential campaign, and immediately upon taking office had Congress pass a law that forbade companies from recording as tax-deductible expenses executive salaries plus bonuses in excess of $1 million. Unfortunately Clinton chose the  wrong pay target . In 1992 salaries and bonuses represented only 23 percent of the total compensation of the top 500 executives named on proxy statements. The largest single component of executive compensation was gains from exercising stock options, representing 59 percent of the total. The Clinton administration left this so-called “performance pay” unregulated. Perversely, one reaction of corporate boards to the Clinton legislation was to take $1 million in salary plus bonus as the “government-approved minimum wage” for top executives, and therefore to raise these components of executive pay if they fell short of that minimum. The number of named executives with salaries plus bonuses that totaled $1 million or more increased from 529 in 1992 to 703 in 1993 and 922 in 1994. The other reaction of corporate boards was to lavish more stock options on their top executives. When the stock market boomed in the late 1990s, these executives cashed in. The average annual compensation of the top 500 named executives reached $21 million in 1999 with gains from exercising stock options representing 71 percent of the total, and $32 million in 2000 with option gains now 80 percent of the total. From 1982 to 2000 the U.S. experienced the longest stock market boom in its history. Average annual stock-price yields of S&P 500 companies were 13 percent in the 1980s and 16 percent in the 1990s. So it didn’t require any great genius to make money from stock options. In fact, it became a no-brainer. In 1991, the Securities and Exchange Commission  waived the longstanding rule that, as corporate insiders, top executives had to hold stock acquired through exercising their options for six months to prevent “short-swing” profit-taking. As before, executives did not have to put any of their own money at risk in being granted stock options. But now they could also pick the opportune moment to exercise their options without any risk that the value of the company’s stock would subsequently decline before they could sell the stock and lock in the gains. The New Normal of Corporate Greed The speculation-fueled “irrational exuberance” of the late 1990s brought unprecedented pay bonanzas to top executives, thus establishing a “new normal” for corporate greed. When boom turned to bust in the early 2000s, money-hungry executives had to look for another way to get stock prices up and make their millions. Their favorite “weapon of value extraction” over the past decade has been the stock buyback (aka stock repurchase). Top executives allocate massive sums of corporate cash to repurchasing their company’s own stock with the purpose of boosting their company’s stock price. Stock buybacks and stock options have become the yin and yang of executive compensation. Let’s take a look at how it works: The board of directors of Acme Corporation authorizes the CEO to repurchase the company’s own outstanding shares up to a specified value (say $5 billion) over a specified period of time (say three years). On any dates within this three-year period, the CEO then has the authority to instruct the company’s broker to use the company’s cash to buy back shares on the open market up to the $5 billion limit and subject to the SEC rule that the buybacks on any one day can be no more than 25 percent of the company’s average daily trading volume over the previous four weeks. That might permit Acme to do buybacks worth, say, $100 million per day. It may be the end of the quarter, and the CEO and CFO want to meet Wall Street’s expectations for earnings per share. Or they may want to offset a fall in the company’s stock price because of bad news. Or they may want to ensure that the increase in the company’s stock price keeps up with those of competitors, who may also be doing buybacks. Whatever the reason, by the laws of supply and demand, when the corporation spends cash on buybacks, it “manufactures” an increase in its stock price. Then, with the stock price up, the CEO, CFO and other insiders may choose to cash in their stock options. Presto! They make tons of money for themselves. Meanwhile, these executives will tend to ignore investments in innovation and training. Some companies actually fund their buybacks by laying off workers, offshoring jobs to low-wage countries, and taking on debt. The top executives’ weapon of value extraction becomes a weapon of value destruction. They are rewarded handsomely by not doing their jobs. In 1981, 292 major corporations spent less than 3 percent of their combined net income on buybacks. In 1982, however, the SEC passed a rule (10b-18) that gave corporations that did very large-scale stock repurchases a “safe harbor” from charges of stock-price manipulation. Buyback activity then became larger and more widespread, increasing substantially over the course of the 1990s. From 2003 to 2007, buybacks really took off, and by 2007 the very same 292 corporations now spent over 82 percent of their net income repurchasing their own stock . The financial crisis and the Great Recession forced a slowdown in buybacks. S&P 500 companies repurchased a record $609 billion in 2007 but pared it down to $360 billion in 2008 and $146 billion in 2009. They stepped it back up to about $289 billion in 2010 and an estimated $440 billion in 2011. It is quite possible that buybacks in 2012 will be even higher than in the previous record year of 2007. And look for executive pay to increase as well. Concentration of Income at the Top Make no mistake about it. Executive pay is a prime reason why in 2005-2008 the top 0.1 percent captured a record 11.4 percent of all household income  (including capital gains) in the U.S., compared with 2.6 percent three decades earlier. In 2010 (the latest Internal Revenue Service data available), this number was 9.5 percent. The income threshold among taxpayers for being included in the 0.1 percent in 2010 was $1,492,175. Of the executives named in proxy statements in 2010, 4,743 had total compensation greater than this threshold amount, with a mean income of $5,034,000 and gains from exercising stock options representing 26 percent of their combined compensation. Total corporate compensation of the named executives does not include other non-compensation income (from securities, property, fees for sitting on corporate boards, etc.) that would be included in their IRS tax returns. If we assume that named executives whose corporate compensation was below the $1.5 million threshold were able to augment that income by 25 percent from other sources, then the number of named executives in the top 0.1 percent in 2010 would have been 5,555. Included in the top 0.1 percent of the US income distribution were a large, but unknown, number of US corporate executives whose pay was above the $1.5 million threshold but who were not named in proxy statements because they were neither the CEO nor the four other highest paid in their particular companies. To take just one example, of the five named IBM executives in 2010, the lowest paid had total compensation of $6,637,910. There were presumably large numbers of other IBM executives whose total compensation was between this amount and the $1.5 million top 0.1 percent threshold. Let’s Put CEOs to Work for Us Under the Obama administration, virtually nothing has been done to constrain top executive pay. President Obama signaled his unwillingness to take on the issue when, in an interview in February 2010, he was asked about the many millions paid in 2009 to Jamie Dimon, CEO of JPMorgan and Lloyd Blankfein, CEO of Goldman Sachs, in the wake of the financial meltdown and bank bailouts. “I know both those guys; they are very savvy businessmen,” the president said. “I, like most of the American people, don’t begrudge people success or wealth. That is part of the free-market system.” The “ Say-on-Pay ” provision in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act sounds good, but it just reinforces a system of incentives the does not work. This provision gives public shareholders the right to express their non-binding opinion to corporate management on issues related to executive compensation. If Congress had understood what drives executive pay in the U.S., however, it would have recognized that the granting of Say-on-Pay rights to public shareholders is part of the problem, not the solution. Through a combination of stock options and stock buybacks, Say-on-Pay provisions reinforce an alignment between the incentives of top executives and the interests of public shareholders that has been undermining investment in America’s future. It is about time that we took control of exploding executive pay. It is not just that the sums involved are unfair, and as history has shown, will only become more obscene. These executives control the allocation of resources that represent the well-being of the 99 percent, and the ways in which they bank their booty is doing severe damage to the U.S. economy. The investment strategies of business corporations are too important to be left under the control of those who gain when the 99 percent lose.  

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Rev. Dr. James A. Forbes, Jr.: Resurrecting The Cause For Which King Died

April 2, 2012

44 years after Dr. King’s death, jobs are still the No. 1 issue in America April 4 will be the 44th anniversary of the day Dr. Martin Luther King, Jr. stepped out on the balcony of the Lorraine Motel and was cut down at the age of 39. He had just asked that his favorite hymn, “Precious Lord, Take My Hand,” be sung at the event he was to attend that night; instead it was sung by his friend Mahalia Jackson at his funeral. Most people know the King remembrances. First, the day in January set aside as the Martin Luther King, Jr. Birthday Celebration; and second, the April observance of his death date. King’s name is most frequently associated with civil rights, integration and nonviolent protest. What we should be thinking about, however, is what this preacher also was preaching: economic justice. In other words, jobs . It’s true that Dr. King had a dream about racial integration — hallelujah for that. Today I think he’d say: “Can’t you all get over this color thing?” In King’s speech against the war in Vietnam at the Riverside Church one year before his assassination, he said we cannot fulfill the American dream if we are using up all our resources in war, not just making that a dream deferred, but of the sin-sick soul: “A nation that continues year after year to spend more money on military defense than on programs of social uplift” he said, “is approaching spiritual death.” Integrate? Fine. Stop the war? Fine. But economic redistribution? Economic justice? Spreading the resources so that all God’s children have a place at the table? All good, all important. But neither racial discrimination or segregation nor war in Vietnam got him killed. It was the issue of economic justice. Oh sure, you could talk about economic justice, but King was getting ready to do something about it. The very week he died, he was in the process of planning the Poor People’s Campaign to go to Washington, D.C. to document that poor people in this nation are citizens just like everybody. He was reminding us about the Constitution of the United States that talked about inalienable rights, among which are life, liberty and the pursuit of happiness and all God’s children ought to have food to eat and clothes to wear. They ought to have jobs and opportunity and some place to stay. All God’s children have a right. He was organizing to come to Washington and he said we will tie up the legislative process–we will bring white poor people from Appalachia, Latinos from the border states, bring poor people from the urban centers and say to our nation, “We are Americans too and we have a right to all of the wonderful bounty which God has bestowed on our great nation.” Dr. King was still committed to “I have a dream” when his life was cut short, but it wasn’t a black folk’s dream. It was an American dream — “a dream yet unfulfilled” — that is, the dream of reaching the Promised Land of economic justice as well as equality and peace. I would like to challenge citizens of today with this admonition. Every time you hear, I have a dream , please make sure people understand it’s not just about black folk and white folk getting together. Every time you hear it please make sure that folks know it’s not just about a war in Vietnam, Afghanistan, Iraq or possibly Iran or North Korea. Please make sure that it’s a dream about King that has to do with economic justice. On April 4 this year, a group of us leaders on the Upper West Side of Manhattan are convening a coalition of local and national legislators; interfaith, labor and civil rights activists and leaders; and an esteemed panel of journalists and newsmakers for a symbolic evening of history, re-enactment, riveting discussion and healing songs. Our dedicated interfaith, inter-disciplinary group will pick up the piece of King’s mantle that people have let die — jobs. With more than 12.8 million Americans unemployed, jobs, economic freedom, living wage and worker justice remain the greatest challenges this country faces. The timing is prophetic. Dr. King was slain in Memphis where he had travelled to show his support for striking black sanitation workers. He was about jobs. We will mobilize churches, mosques and synagogues throughout the country, public and private industry, local governments and Congress to create jobs and to lobby for a comprehensive jobs solution by August 28, 2013 — the 50th anniversary of the March on Washington. We will make jobs a priority in the American consciousness. We heard the “I have a dream” speech, but here is a speech not often heard, but deeply reflective of King’s commitment to economic justice: “This will be the day when we shall bring into full realization the American dream — a dream yet unfulfilled. A dream of equality of opportunity, of privilege and property widely distributed; a dream of a land where men will not take necessities from the many to give luxuries to the few, a dream of a land where men will not argue that the color of a man’s skin determined the content of his character; a dream of a nation where all our gifts and resources are held not for ourselves alone but as instruments of service for the rest of humanity; the dream of a country where every man will respect the dignity and worth of human personality — that is the dream. And as we struggle to make racial and economic justice a reality, let us maintain faith in the future. We will confront difficulties and frustrating moments in the struggle to make justice a reality, but we must believe somehow that these problems can be solved.” (December 11, 1961) RESURRECTING THE CAUSE FOR WHICH HE DIED Call-to-Action Wednesday, April 4, 2012 – 5:30 p.m. – 8:00 p.m. (Specific actions at 6:02, when Dr. King was shot, and at 7:04, when he died) Riverside Church, 490 Riverside Drive @ 120th Street, New York, N.Y. 10027

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Who Owns The Air?

April 2, 2012

From Russell McLendon and Mother Nature Network: If you enjoy public beaches, state parks or fishing piers, you can thank the sixth-century Roman emperor Justinian. He’s credited with introducing the public trust doctrine , a legal concept that forbids private ownership of certain natural resources, instead preserving them for public use. This idea has spread worldwide since then, protecting everything from beaches and streams to oyster beds and fish stocks. It was an early tenet of English common law, later encoded in the Magna Carta, and also has a long history in U.S. courts, dating back to at least 1842′s Martin v. Waddell . During a 1983 case about water use at California’s Mono Lake, the U.S. Supreme Court specifically quoted this section of Roman law to explain public trust: “By the law of nature these things are common to mankind: the air, running water, the sea and consequently the shores of the sea.” — Justinian Code of Rome, c. 534 The court ultimately added its own, slightly more specific wording: “[T]he public trust is more than an affirmation of state power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people’s common heritage.” — U.S. Supreme Court, 1983 This is all well-established by now, leaving little doubt about the state’s duty to maintain public resources. But there is still some fuzziness about what exactly counts as a public resource — and how far a government must go to protect it. A lawsuit in U.S. District Court, however, could soon add a little more clarity. Filed by teen and twentysomething plaintiffs (and backed by environmental groups), the suit calls on federal agencies to protect the atmosphere as a public resource, including from excess carbon dioxide, methane and other greenhouse gases . It’s part of a broad campaign to fight global warming via the public trust doctrine, and it’s mirrored by similar lawsuits or administrative actions the coalition has filed in all 50 states. Before the federal case can proceed, though, a judge will hold a hearing Monday, April 2, to decide who the defendants are. The U.S. government is already on the hook, but an unlikely ally has volunteered to jump in as a co-defendant: the National Association of Manufacturers, which bills itself as “the nation’s largest industrial trade association.” The group has long opposed efforts to regulate greenhouse gas emissions — along with many other industrial pollutants — and lobbies to that effect on Capitol Hill. It outlines a detailed energy and climate policy on its website. The courtroom may be an odd place to fight climate change, but campaign organizers say they’ve lost faith in presidential or congressional leadership. “The two political branches of government are failing, so we’re going to the third branch of government and saying ‘hold people accountable for what they’re doing,’” explains Julia Olson, executive director of Our Children’s Trust , one of the groups leading the effort. The reason children are involved, she adds, is to highlight the long-term nature of investing — or not investing — in the public trust. “What I’m seeing is that youth humanizes climate change,” she says. “They are the generation that will be most affected. They didn’t create this problem, but they’re working for a solution.” Human-rights group Witness is another supporter, making a series of documentaries about how climate change is affecting kids and young adults around the U.S. ( watch one below ). Four have been released so far, says Witness program manager Kelly Matheson, and six more are in the works. “We started creating these films so people understand climate change is happening now,” she says. “It’s not something that’s just going to happen down the road. Communities are being impacted today.” The idea of expanding public trust to the atmosphere is intriguing, but some legal experts have expressed doubt it will work. While past cases applied the concept to water and wildlife, those assets are more predictable and less nebulous than air, which can easily cross state or national borders. U.S. courts have also seemed reluctant to overstep the executive branch and Congress to force CO2 cuts, such as when the Supreme Court threw out a lawsuit last year that sought to label power plants’ emissions a “public nuisance.” Some of the state public-trust lawsuits have already been dismissed , too, although Matheson says most will be appealed. The plaintiffs remain undaunted, arguing this is about setting a precedent — one that would apply in most nations on Earth, since the public trust doctrine has become so widespread in the last 1,400 years. “The key is that this has been enshrined in the laws of countries worldwide,” Matheson says. “The public trust approach is the only globally binding, macro approach to address climate change. It applies everywhere equally, so if the U.S. has to abide by it, then so should all countries.” While the U.S. is taking steps to curb CO2 emissions, as are many businesses, Olson and Matheson say such efforts don’t match the urgency of climate forecasts . Scientists measure atmospheric CO2 in parts per million, and identify 350 ppm as a target for limiting the damage. We’re nearing 400 ppm now, and most climate experts agree 450 ppm would be disastrous. It’s still possible to get back to 350 ppm by 2100, Olson argues, but waiting only makes it harder. “If we had started reducing global emissions in 2005, we could have just reduced them by 3 percent per year,” she says, citing data from NASA climate scientist James Hansen. “If we start in 2014, we’d have to do it 6 percent per year. And if we wait till 2020, that number is 15 percent.” Opponents of CO2 regulation typically point to the cost as a deterrent, often invoking economic frailty and the need to create jobs. It’s a claim that still resonates in much of the U.S., although a recent poll found that 63 percent of Americans believe global warming is occurring, and about half believe humans are playing a role. Matheson says she hopes the lawsuits can raise awareness about the long-term benefits, both ecological and economic, of addressing the issue. “It’s not only feasible, but it’s wise economics, and it will save lives,” she says. Glori Dei Filippone, a 13-year-old Iowan and one of the youth plaintiffs, compares the situation with the need to clean her room: It stays manageable if she cleans a little at a time, but quickly gets out of hand if she procrastinates. “You can’t just wait and sit back to save the Earth,” she says. “You have to step forward and do it yourself.” Check back here for updates on the case, and see this summary for more information about the plaintiffs and defendants. Also on MNN: U.S. sets new CO2 standard for power plants Watch: This is what global warming looks like ‘Monster’ jump in greenhouse gases reported Poll: Most Americans believe in climate change

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Apple CEO Makes Historic Visit

March 29, 2012

SHANGHAI (Reuters) – Apple Inc’s Tim Cook, on his first trip to China as the chief executive officer, has visited an iPhone production plant run by the Foxconn Technology Group, which is being accused of improper labor practices. China is the world’s largest mobile market and already Apple’s second-biggest market overall, but its growth there is clouded by issues ranging from a contested iPad trademark to treatment of local labor. Picture handouts dated March 28 and e-mailed to Reuters show Cook seen smiling and meeting workers in the newly built Foxconn ZhengzhouTechnology Park in the north central province of Hebei. The facility employs 120,000 people, the handouts said. Foxconn is a major part of Apple’s global supply chain, assembling most of its iPhones and iPads, but has been hit by a string of worker suicides in recent years that activist groups blame on tough working conditions. The group is the Taiwan parent of Hong Kong-listed Foxconn International Holdings and Taiwan-listed Hon Hai Precision. Cook took the reins at Apple in August after the death of the firm’s visionary founder, Steve Jobs. His closely guarded itinerary has included talks with Vice Premier Li Keqiang, Beijing’s mayor and a visit to one of Apple’s two stores in the capital. On Wednesday, state media reported that China’s vice premier promised Cook the country would boost intellectual property protection. “To be more open to the outside is a condition for China to transform its economic development, expand domestic demands and conduct technological innovation,” the official Xinhua news agency cited Vice Premier Li Keqiang as saying. Apple has tie-ups with China Telecom and China Unicom to sell its iPhone, with the only other Chinese carrier, China Mobile, the country’s biggest mobile operator, also looking to clinch a deal. Apple is embroiled in a long-running dispute with Proview – a financially weak technology company that claims to have registered the iPad trademark – that is making its way through Chinese courts and threatens to disrupt iPad sales. (Reporting by Melanie Lee; Editing by Clarence Fernandez)

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After Sale Approval In Bankruptcy Court, Grubb & Ellis Moves To Next Phase Under BGC

March 29, 2012

This week a bankruptcy court judge approved the sale of the venerable but cash-strapped Grubb & Ellis Co. to BGC Partners, Inc., ushering in the latest in a series of changes that have roiled the commercial real estate brokerage business. Next comes the hard work involved in exiting bankruptcy and integrating the new acquisition. Among the challenges the two firms face are preserving Grubb & Ellis’s property and facilities management and brokerage…

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RREEF America Jumping into New-Fangled REIT Arena

March 29, 2012

Possibly just weeks away from being sold, RREEF America LLC isn’t sitting around waiting to find out who its new owner is. The leading real estate investment manager is planning to form a new REIT to be called RREEF America Property Income Trust Inc. and hold an initial public stock offering to raise up to $2.5 billion. The new property income REIT will invest primarily in properties, but also in real estate debt and publicly traded REIT stocks, although…

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Reality Is Setting In

March 28, 2012

LOS ANGELES — Magic Johnson is about to learn $2 billion only buys you so much. Now he’ll need to bring the Los Angeles Dodgers the same success he brought the Lakers. News that Johnson and his partners agreed to purchase the team sparked a groundswell of excited chatter and optimism Wednesday that the man who ran “Showtime” could restore luster to the once-proud franchise. The amount Johnson and his partners are paying would be mind-blowing if it was just for the team itself. But it also gives Johnson’s group the right to reel in future riches from TV and real estate associated with the Dodgers. “A big part of the purchase price is all those other things,” said David Carter, executive director of USC Sports Business Institute. “You’ve got a great piece of property you can develop and make a game-day experience around Chavez Ravine. A likely billion-dollar cable (television) rights deal that will come out of it makes it a very unique sale.” Current owner Frank McCourt handpicked Johnson’s group to buy the Dodgers just five hours after Major League Baseball approved three finalists in a bankruptcy auction. “The interest in this franchise and its historic sale price are profound illustrations of the great overall health of our industry,” baseball Commissioner Bud Selig said. “This has been a long, difficult process, and I once again want to thank the great Dodger fans for their loyalty and patience.” Johnson is seemingly a perfect fit. He lives locally, he already knows what it takes to win championships, and he’s proven he can succeed in real estate, retail and entertainment – keys to helping the team bolster its coffers in pursuit of big-money free agents. “He’s well-grounded and well-respected,” Carter said. “You have a strong presence in the community, he’s connected to city hall, and has a good relationship with the media. All these things are important and will help the community get over Frank.” And Johnson still has the dazzling smile that will make him a great public face for what once was – and could be again – one of baseball’s marquee franchises. “Great day for the Dodgers,” slugger Matt Kemp said from spring training in Glendale, Ariz. “As Magic used to say, the Dodgers were the team that used to run L.A. Definitely we were going to have more fans out there this year. Now there’s another reason to have the fans turn out.” Retired Dodgers manager Tom Lasorda has known Johnson since he first came to play for the Lakers. “The most important part is he’ll talk to some of the players individually about how to win. That’s what we got to do right now is win again and bring our fans back,” he said. “He knows how to talk to people, he knows how to impress people and how to build people up.” Hours after the announcement that Johnson’s group was the winning bidder, the Dodgers said their April 10 home opener was sold out. “As soon as you hear the name Magic Johnson, it turns into a positive,” Dodgers manager Don Mattingly said. “There’s positive energy around the ball club, around the city.” Johnson’s business acumen is equal to his success on the court. The 52-year-old Hall of Fame guard won championships at Everett High in Lansing, Mich., at Michigan State and five NBA titles with the Lakers. After being forced to retire suddenly in 1991 with HIV, Johnson remade himself into a successful entrepreneur and became a respected voice as an HIV activist and campaigned to educate people about the disease. Johnson is well-known for his self-named nationwide chain of movie theaters, movie studio, and promotion company. He previously owned more than 100 Starbucks franchises and had a minority ownership in the Lakers. His other ventures include commercial real estate and health clubs. “Magic Johnson is probably the most beloved sports figure in Los Angeles history,” Lakers owner Jerry Buss said. “He has been a success in everything else he’s become involved with, most notably his spectacular business career and also his educational campaign on behalf of HIV awareness.” Johnson’s reputation as a winner in sports and business lends a new air of credibility to the Dodgers, who saw attendance plummet below 3 million in McCourt’s final season when fans bashed his stewardship of the team. “I think they’ll be able to fill the stadium just because of Magic,” said Mike Baldwin, a longtime fan who quit going to games after McCourt bought the team in 2003. “I don’t think baseball could have done a better job than to pull him in.” Johnson’s partners in buying the Dodgers include Stan Kasten, former president of the Atlanta Braves and Washington Nationals; and Peter Guber, a longtime Hollywood executive and co-owner of the NBA’s Golden State Warriors. Mark Walter, chief executive officer of the Chicago-based financial services firm Guggenheim Partners, would be the controlling owner. The group’s other investors include Guggenheim Partners President Todd Boehly and Bobby Patton, whose investments include oil and gas properties. But Johnson’s name and smile are what lit up fans’ moods in the city where he remains the most enduring and beloved sports superstar. “There’s a lot of euphoria about the fact that it’s Magic and it’s no longer Frank,” Carter said. “He’ll have a honeymoon period and I think most people in Southern California hope he doesn’t need it.” ___ Associated Press Writer John Rogers contributed to this report.

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Goodrich Corp Inks 105,000-SF Office Lease

March 28, 2012

Goodrich Corporation, a supplier of aerospace and defense products, signed a 104,662-square-foot lease at 2727 E. Imperial Hwy. in Brea, CA. The company is relocating and consolidating its two facilities in Monterey Park and Diamond Bar. The 104,662-square-foot office property is situated on 5.4 acres within the Brea Imperial Center in Orange County. With the addition of Goodrich, the center is now 100 percent occupied. Liz Hurley with Transwestern…

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Rockpoint Trades Parc 55 Wyndham for $235 Million

March 28, 2012

Rockpoint Group LLC sold Parc 55 Wyndham at 55 Cyril Magnin St. in San Francisco to New York-based The Blackstone Group for $235 million, or $231,984 per room, in a distress sale. The 700,985-square-foot hospitality building is located blocks from Union Square. The property includes 1,013 rooms and was awarded an Energy Star label for the last four years consecutively. No brokers were mentioned. Please reference CoStar COMPS #2279499 for more…

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PHOTOS: Get To Know The Dodgers’ New Owners

March 28, 2012

Local legend Magic Johnson needs no introduction. He’s one of the greatest NBA players of all time, has sports ownership experience as a former co-owner of the LA Lakers and is beloved for his philanthropy and HIV activism. As a longtime and well-known Angeleno, he provides that crucial “local” stake that Dodger fans have been clamoring for in a new owner. But who are the others in Johnson’s bidder group, now known as the Guggenheim Baseball Management? Thankfully, the team includes Stan Kasten, an MLB vet with decades of baseball management experience under his belt. And since this is LA, there is a touch of Hollywood in the form of mega-producer Peter Guber of Mandalay Bay Entertainment. Lastly, there is money — lots of it — both from global investing firm Guggenheim Partners and some oil fields. As for those who are saying “good riddance” to previous owner Frank McCourt, don’t break out the champagne just yet. The official announcement notes that while McCourt is shedding ownership of the team, he also sold the Chavez Ravine (that means the land that the stadium and the parking lots are on) — to himself. He and affiliates of some of the new owners have formed their own joint venture, buying the property for $150 million. It’s not exactly clear how that will play out when it comes to those infamous parking lots (in the past, McCourt has vowed to retain ownership even to the point of losing some bids), but LA Times baseball reporter Bill Shaikin tweets that Johnson and McCourt would have to agree on any new parking lot decisions, but that Johnson has veto power. Dodger fans, meet the team’s new owners.

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Daniel Franklin: Why Now is a Good Time to Be Thinking About 2050

March 27, 2012

“Never prophesy, especially about the future.” That nicely captures the perils of predictions – so nicely, indeed, that the saying or a version of it has been credited to numerous people, from the movie mogul Sam Goldwyn to baseball’s Yogi Berra. But in practice, we do have to prophesy, however imperfectly. Take climate change, an issue that involves assessing what could happen decades ahead, and how to respond to it. Or take defence planning: despite the difficulty of forecasting the nature of future conflicts, decisions have to be taken today that will affect how wars are fought for years to come (the F-13 Joint Strike Fighter, for example, the most expensive defence-industrial project ever, is planned to be a mainstay of American and Western air forces until at least 2060). Similarly long horizons are involved in planning for our energy needs and our pensions. So we need to look at the long term. Where to begin? A good place to start is with population trends – which is why this is the subject of the first of the 20 essays brought together in Megachange: The World in 2050 , a book published by The Economist this month. The world’s population is changing very fast. It took 250,000 years for it to reach 1 billion, around 1800. The latest billion, taking the number of people on the planet to 7 billion, took just a dozen years (a landmark the United Nations said was reached last October). By 2050 the global population will have risen to a little over 9 billion, according to the UN’s central projections. And by then the global population will be older (the median age will rise from 29 to 38) and more urban, with nearly 70% living in cities and towns, compared with just over 50% today. It will also be more African: about half the extra 2.3 billion people on the planet by 2050 will be in Africa. In 1950 Europe accounted for over a fifth of the world’s population, and Africa for a tenth; those proportions are on their way to being reversed. By 2050, there will probably be nearly as many Nigerians (close to 400 million) as Americans. Very broadly, from the point of view of population patterns, the world will fall into three groups between now and 2050. The first consists of younger-than-average countries where the share of the economically active population relative to that of dependent children and elderly will be very favourable. These countries will potentially enjoy a ‘demographic dividend’, if there is enough productive work for their large numbers of working-age people (or they could face instability if jobs are scarce). In this group are India, the Middle East and Africa. In the second category of countries are those where the average age is rising, but not by much, and where the share of the working-age population relative to the young and old is deteriorating, but only modestly. The United States is in this group, as are Latin America and South-East Asia. The third group – and the big losers from the demographic changes in the next four years – includes Europe, Japan and China. Japan will be the oldest society ever known, with as many dependents as people of working age. And China, thanks not least to the legacy of its one-child population, will start to age rapidly. By 2050 its population will be older not only that America’s, but even than Europe’s. China really is in a race to grow rich before it grows old. All this has big consequences: for the economy, business, security, migration, health and the demands on resources, not to mention for culture and social change. It should inform many of the policy decisions taken today. The sooner we start preparing for the coming demographic changes and all that flows from them, the better our long-term prospects will be. Megachange: The World in 2050 is available now.

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MF Global’s 10 Highest-Profile Former Clients

March 27, 2012

March 26 (Reuters) – ConocoPhillips, billionaire investor Carl Icahn, Coca Cola, Dominion Resources and giant energy trader Mercuria were among high-profile former clients of bankrupt futures brokerage MF Global. Following is a list of 60 large former MF Global clients, with a total of $1.3 billion at the broker when it collapsed. The list is based on a Reuters analysis of more than 10,000 of nearly 28,000 total customer claims in the bankruptcy case. NOTE: This list was generated from a Reuters analysis of more than 10,000 MF Global claims. Multiple claims have been under single parent entities. When account value was unavailable, Reuters used the figure reported for cash and other property in the account. May contain rounding errors. Full claims database contains 27,727 claims. Here Are Some Of MF Global’s Most High-Profile Former Clients: Firm name Account value at market, Oct. 31 1 CONOCOPHILLIPS $310,590,454 2 SAPERE CTA FUND LP CONSOLIDATED $298,569,434 3 ICAHN STRATEGY 2 LLC $84,839,896 4 DOMINION RESOURCES $68,468,300 5 MARATHON PETROLEUM CO LP $59,287,561 6 HIGHRIDGE FUTURES FUND LP $50,103,087 7 MERCURIA ENERGY AMERICA $41,949,688 8 PRICE ASSET MANAGEMENT $35,477,484 9 NOBLE AMERICAS CORP $31,045,373 10 TESORO COMPANIES INC $28,910,668 11 WH TRADING LLC $26,228,409 12 MAGIC CAPITAL FUND $26,179,278 13 WILLIAM HUNT $26,154,390 14 CHOPPER TRADING AND SECURITIES $18,247,278 15 COLONIAL OIL INDUSTRIES INC $16,818,989 16 COCA-COLA CO $16,638,808 17 CYPRESS TRADING LLC $12,744,486 18 GENON ENERGY MANAGEMENT LLC $11,990,654 19 BREAKWATER TRADING LLC $11,836,440 20 FRIEDBERG MERCANTILE GROUP $11,793,184 21 VIGILANT FUTURES $10,471,037 22 NESTLE USA INC $9,205,074 23 POWEREX CORP $9,059,692 24 3 RED TRADING LLC $8,005,535 25 WISCONSIN GAS AND ELECTRIC POWER COS $7,538,689 26 OKLAHOMA STATE UNIVERSITY FOUNDATION $6,611,741 27 BIMBO FOODS $6,240,248 28 WRB REFINING LLC $5,415,988 29 GENESIS DIVERSIFIED CTA TRADING COMPANY LLC $5,388,595 30 DANIEL BOWMAN $5,187,090 31 QUIK TRIP CORP $5,048,388 32 JUMP TRADING $4,558,194 33 HSBC BROKING $4,497,632 34 ABERDEEN ENERGY LLC/ GLACIAL LAKES ENERGY $4,459,875 35 HENNING CAREY PROPRIETARY TRADING $4,419,855 36 CALATRAVA GRAIN FUND $4,127,981 37 ELDORADO TRADING GROUP $4,041,670 38 STELBAR OIL CORP INC $3,764,712 39 HORMEL FOODS CORP $3,486,354 40 DEARBORN CAP RESERVE GLOBAL ONLINE TRADING INC $3,451,950 41 CITY OF AUSTIN ELECTRIC UTILITY DEPT $3,450,918 42 LEAGUE TRADING $3,339,210 43 JEROME J ISRAELOV TRUSTEE $3,085,199 44 MADISON GAS & ELECTRIC CO $2,982,663 45 FORECAST VENTURE FUND LP $2,954,012 46 MIECO $2,872,657 47 ATLAS TRADING AND SHIPPING $2,704,844 48 MITSUI & CO USA INC $2,531,800 49 INFINITY INVESTMENT FUND LLC $2,527,186 50 ADM INVESTOR SERVICES $2,501,459 51 ALPHAWORKS FUND LLC $2,363,926 52 GENERAL MILLS OPERATIONS $2,351,223 53 CABO TRADING $2,231,980 54 DAVE WESCOTT $2,092,326 55 DOULOS FUND $1,395,557 56 DITTMER TRADING LLC $1,382,245 57 TRADEFORECASTER GLOBAL MARKETS LLC $1,380,356 58 ICARUS TRADING LLC $1,290,744 59 COSMO OIL OF USA INC $1,286,229 60 ANHEUSER BUSCH COS INC $1,012,270 TOTAL $1,348,590,965 (Reporting by Ann Saphir and Tom Polansek)

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CapLease Receives 1M-SF Nestlé Renewal

March 27, 2012

CapLease, Inc. (NYSE: LSE) executed a lease renewal with Nestlé Holdings, Inc. for its 1,045,153-square-foot industrial property at 555 Nestle Way in Macungie, PA. The lease will commence on January 1, 2013 for a term of five years. Contract rent is $4.40 per square foot, increasing 3% per annum. Nestlé’s distribution building was constructed in 1994 on 86 acres in the Lehigh Valley Industrial submarket of Philadelphia. CapLease…

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PHOTOS: Black Panther House Sold

March 24, 2012

OAKLAND, Calif. — The Black Panther party preached “power to the people,” but in the San Francisco Bay area’s thriving real estate market, the power is in the property. Realtors expected to close a deal Friday on the Oakland home where the militant black power group was founded in 1966. After the improvements, the home was put on the market for $400,000 — almost 40 times what Seale’s parents paid for it in 1960. Seale said he and Huey Newton drafted the party’s manifesto in the dining room. “We would come in from patrol at night, unload our weapons at my house, and lay them all out across the long dining room table,” Seale wrote in his 1978 autobiography. The surrounding streets that armed party members once patrolled in the name of black empowerment are quickly gentrifying, with longtime residents like Seale departing for less expensive suburbs. Seale, now 75, has worked as a draftsman and a carpenter. He made improvements on the house and wanted to do more, but his sister persuaded him to sell. The house’s dramatically increased selling price was part of “the same crap that got this financial debacle started in the first place,” he said. But Seale didn’t hold the cutthroat realities of buying and selling homes in the Bay Area against the new residents. “People move. Humans move. Power to the people, whether they’re black, white, blue, whatever,” he said.

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Bank Of America To Offer Rentals As Foreclosure Alternative

March 23, 2012

NEW YORK — Bank of America says it has begun a pilot program offering some of its mortgage customers who are facing foreclosure a chance to stay in their homes by becoming renters instead of owners. The “Mortgage to Lease” program, which was launched this week, will be available to fewer than 1,000 BofA customers selected by the bank in test markets in Arizona, Nevada and New York. Participants will transfer their home’s title to the bank, which will then forgive the outstanding mortgage debt. In exchange, they will be able to lease their home for up to three years at or below the rental market rate. The rent will be less than the participants’ current mortgage payments and customers will not have to pay property taxes or homeowners insurance, the bank said. “This pilot will help determine whether conversion from homeownership to rental is something our customers, the community and investors will support,” Ron Sturzenegger, legacy asset servicing executive of Bank of America, said in a statement. Among requirements to qualify for the program, homeowners must have a BofA loan, be behind at least 60 days on payments and be “underwater,” owing more on their mortgages than their homes are worth. The bank based in Charlotte, N.C., said it will at first own the homes, then sell them to investors. If the program is successful, it could be expanded to include real-estate investors who buy qualifying properties and keep the occupants on as tenants. “If this evolves from a pilot into a more broadly based program, we also see potential benefits from helping to stabilize housing prices in the surrounding community and curtail neighborhood blight by keeping a portion of distressed properties off the market,” Sturzenegger said. Foreclosure tracking firm RealtyTrac says foreclosure activity has picked up in some states, as banks deal with a backlog of homes with mortgages that had gone unpaid yet remained in limbo due to delays stemming from foreclosure-abuse claims, according to Nevada has the nation’s highest foreclosure rate as of last month, with one in every 278 households in the state receiving a foreclosure-related filing, twice the national average, according to RealtyTrac. Arizona ranks third behind California, while New York has not been as hard hit, with one in every 4,604 households receiving a foreclosure-related filing.

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State, Local Governments Took Home Most Money In Decades

March 22, 2012

By Lisa Lambert March 22 (Reuters) – State and local government tax revenue rose in the final quarter of 2011 to the highest level on records dating back to 1988, the U.S. Census reported on Thu rsday, in another sign that the recession’s effect on public finances is fading. Revenue for state and local governments was up 2.1 percent from the fourth quarter of 2010, to a total of $387.2 billion, and, the Census noted, this marked “the ninth consecutive quarter of positive year-over-year growth.” State and local revenue strengthened throughout 2011. For the year ended in December, total revenues were $1.35 trillion, 4.5 percent higher than the 12 months to December 2010. That, too, was the largest on record, surpassing the $1.32 trillion collected in 2008, the last year before the recession took a heavy toll on state and local revenue. Although the recession began in late 2007, the effect on state and local governments was delayed until the end of 2008. Throughout 2009, revenue cratered to 20-year lows. Because all states except Vermont must balance their budgets, they slashed spending, hiked taxes, borrowed and turned to the federal government for help. States often had to call emergency budget meetings to make additional adjustments, caught off guard by the rapid decline in revenue. Now, most states have four months until their next fiscal year begins and many legislatures and governors are in the thick of budget negotiations, where the major question is how quickly revenue will recover. A think tank report released this week showed that revenue growth is slowing, making state budgets more vulnerable to any new downturn in the economy. For the year ended in December, state revenues alone were $769.8 million, the largest intake since 2008, according to the Census. In the fourth quarter of 2011, state revenues were $183.8 billion, up 3.5 percent from the fourth quarter of 2010. They were boosted by individual income taxes, which rose 4 percent to $64.4 billion, and general sales taxes, which increased 3 percent to $59.5 billion. Still, sales tax collections remained below the $61.2 billion reached four years earlier. “Recent data shows us that discretionary purchases are picking up a little bit,” said Chris Mauro, head of U.S. municipal research strategy at RBC Capital Markets, on a conference call. “We haven’t really seen the level of retail sales … so far in this recovery that we would have hoped for.” Mauro added that rising consumption of nonessential items, which are taxed by many states, would “drive some significant, organic growth in states’ tax revenues”. While state revenue collections in 2011′s fourth quarter were the highest on record, the year’s second quarter, which encompasses key April income tax payments, was $227.7 billion -well below the $240.8 billion brought in during the second quarter of 2008, the Census found. The federal agency does not count Washington, D.C., in its totals for states. The nation’s capital brought in $789.5 million in the fourth quarter. Collections in California, Texas and New York made up more than a quarter of total state revenue, with California’s $25.6 billion alone constituting 13.9 percent. New York had the second highest revenue of $14.6 billion, and Texas the third highest of $10.5 billion. IN SEARCH OF BREATHING ROOM Meanwhile, local governments continue to hurt, because they largely rely on property taxes for revenue, which has been hobbled by the housing bust. According to the Census, local governments collected $174.1 billion of the total $177.2 billion in property taxes in the fourth quarter. That represented a slim increase of 0.6 percent over the fourth quarter of 2010. “We really want to see housing values improve … to give local governments a little bit of breathing room,” Mauro said. (Editing by James Dalgleish)

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Driven To Violence: Are Big Banks To Blame For Repossessions Gone Wrong?

March 22, 2012

As auto repossessions go, the case of the 2004 Dodge Ram looked to be an easy one. The assignment was what industry insiders call a “voluntary repo,” meaning the owner had agreed to give up his pickup truck without a fight. No sleuthing, no hide-and-seek. All the repo man had to do was show up at the appointed time, hook the Ram up to a tow truck and haul it away for the lender. Nobody should have been hurt, let alone killed. Three years ago, a repo company dispatched Michael Faron Brown, a 27-year-old South Carolina newlywed, on a rare trip across state lines into Georgia to return a few cars to debtors who were back in their lenders’ good graces. Brown worked on contract for a subsidiary of a national repossession company called Renovo Services LLC, and his boss asked him to also handle a few repossessions for a colleague who had bailed on his assignments. That’s how Brown picked up the account for Lidie “Joe” Clements. Clements, a paint contractor near Augusta, Ga., was having a hard time finding jobs due to the sour economy, so he’d fallen behind on the payments for his Ram. He tried to work out a payment plan with his lender, Nuvell National Auto Finance, then a subsidiary of the massive home and auto lender GMAC. According to trial court records, once it became clear that Clements couldn’t make good on his bills, he told Nuvell that he would voluntarily surrender his truck, which, as is custom, would likely be sold or auctioned off to cut Nuvell’s losses. Brown apparently showed up at Clements’ home a day early for the scheduled repo — with his pregnant wife, Victoria, in the passenger seat of the tow truck. According to court records, once they were outside Clements’ house, the newlyweds called him on their cellphone. The conversation quickly turned combative. Clements said he wasn’t home and demanded they not take his truck until the following day, once he’d had a chance to clear out his belongings. But Brown didn’t leave. Under the aggressive incentives that many financial institutions and their repo contractors now force on agents, industry veterans say a repo man like Brown would have been eager to get the truck right then and there. In a system that’s fast becoming industry standard, Brown was working on a flat-rate contingency basis: If he didn’t repossess the vehicle, then nobody owed him a dime for his efforts. If he waited until the following day, he’d be sinking more time and gas money into the assignment. In the topsy-turvy repo world, it was also in Brown’s financial interests to have a reluctant target. According to his payment plan, Brown was earning $70 for each involuntary repo he completed and a mere $30 for each voluntary one. If Clements was no longer surrendering his truck by choice, then Brown stood to earn more money. According to the version he later told in court, Brown called his office seeking advice. The woman handling the Clements account told him to proceed, he testified. “If you see the unit, get it,” she allegedly told Brown. It didn’t matter that a friend of the Clements’ had parked her van in the driveway behind the pickup, blocking it in almost entirely. As Brown would later say in court, “I was always up for a challenge.” So he backed his truck into the Clements’ driveway, maneuvering his tow in the narrow space between the van and the house. Chaos ensued. Joe Clements and his friend Bill Jacobs returned to the house just as Brown was trying to drive off with the pickup. According to Clements’ version, Brown clipped the van repeatedly as he tried to thread the pickup between the van and the house. The van belonged to Jacobs and his wife, Pamela, who had been inside the house with Clements’ wife, Cindy. Joe Clements would later tell police that he pleaded with Brown to stop damaging the van — he was giving the truck up voluntarily, he said, and he just wanted to remove his tools first. “Stop! You’re hitting the van! Stop! We’ll give it to you!” he allegedly said, according to court records. Brown dropped the pickup from the tow. Bill Jacobs confronted him on the driver’s side of the tow truck, while Cindy Clements confronted Victoria Brown on the passenger side, according to court documents. Brown later claimed Jacobs was acting overtly hostile. Whatever the case, Jacobs was knocked to the ground during the commotion, falling in front of the tow truck. Brown drove over Jacobs, through the yard and down the street. Brown would later say he never meant to run over Jacobs, that it was all an accident. “Them tires don’t have a conscience,” he said in court. When Pamela Jacobs came outside, her husband was lying in the street; she lay down with him. His pelvis and abdomen had been crushed by the truck tires, according to a doctor who later examined him. His ribcage had been fractured, his broken ribs puncturing his lungs. His chest and bowels were filling with blood. The 64-year-old would be pronounced dead an hour later. As Jacobs lay dying, Michael and Victoria Brown fled the area. It isn’t clear whether the repo man knew he’d just killed someone — although it wasn’t long before the gravity of the situation set in, and the Browns realized they were fugitives. The following day, they wrote on the wall of their joint MySpace account, “ready to stop repoing. When you have to worry about criminal charges … I say that is enough!” “Stressing the f**k out,” they wrote a short time later. “Why did we have to go to GA to repo yesterday?” Wanted for murder, the Browns turned themselves in to the police five days later. ‘WHERE THE RECESSION AND THE FINANCE WORLD COME RIGHT INTO THE FRONT YARD’ Clements lost his truck during a boom time for auto repossessions. Just like the housing market, the auto finance industry — which ranges from big banks (like Bank of America and Santander) to major auto loan specialists (like Ford Motor Credit, Toyota Motor Credit, and Ally Financial, formerly GMAC) to thousands of smaller credit unions — had experienced its own subprime-fueled credit binge during the last decade. When the economy finally cratered, a record number of car owners were unable to pay their bills. Many borrowers had taken on more debt than they could handle or, like Clements, suddenly had a hard time finding steady work. In many cases, their auto loans had been securitized and sold off to investors, &agrave la the mortgage debacle. More recently, the number of auto repossessions has fallen dramatically, due to tightening credit standards. Of the estimated 1.3 million repossessions performed last year, the overwhelming majority ended peacefully. But plenty of repos have gone bad since the economy went south. According to the industry website CUCollector, which recently started tracking repo-related violence, press accounts indicated there were at least 16 shootings and five deaths stemming from repossessions in 2011. Often it was the repo man who was hurt. In 2009, the same year Jacobs died, two Alabama repo agents were shot and killed. In some ugly cases, you might blame the ill will of debtors. In others, the carelessness of bad-apple agents. In many cases, however, industry insiders trace the problems back to decisions by lenders at the top. According to insurers, lawyers and longtime repo agents, the big-time financial institutions as a group are paying less than ever to have vehicles recovered in the event of default. In the minds of many repo agents, the penny-pinching by lenders has pitted them against one another, as reputable firms struggle to do the job on thinner margins and less-reputable agents willingly take on the cheaper work. “This is where the recession and the finance world come right into the front yard,” says Kevin Armstrong, a former repo man who is now a collections manager and runs CUCollector on the side. Mary Jane Hogan, president of the national trade group American Recovery Association , believes that lenders’ push to cut costs at the expense of repo agents is ultimately lowering standards in her industry. “I’ve been in this since the day the cars were hotwired, and the difference is just unbelievable — the way things have changed, the way repossession agents are treated by clients,” says Hogan. “The clients at this point in time, all they want to know is the price, who’s the cheapest. They call for a quote, and they don’t care what the job involves. They want a flat rate.” The squeeze has been gradual over the past decade. One of the first things repo companies lost was reimbursement for mileage. Lenders used to cover the cost of travel, making long-distance repos more feasible. No more, agents say. Lenders used to cover the repo agency’s cost of holding onto a repossessed car until it could be auctioned off. Now all too often, the agencies are storing those cars for free. Also gone are the payments many repo companies received for cutting keys for the cars they repossessed. Now, many lenders demand that the companies cut keys gratis — even though modern electronic keys can run several hundred dollars apiece. Most controversially, many repo agencies have taken work on a contingency basis, which has driven other agencies to work on contingency as well if they want to stay in business. “It doesn’t make a hell of a lot of sense,” says Joe Taylor, a repo expert in Florida who developed one of the few certification programs for the industry. “It’s bad enough to have these inherent risks associated with repossession. But then if I don’t get this car, then I don’t get paid. And then I don’t feed my family. So you’re willing to take chances that an intelligent person wouldn’t take. The result is violence.” “It’s turning good people into bad, making them do things they wouldn’t normally do,” says Debra Durham, owner of Midwest Adjusters, a repo outfit in Springfield, Mo. Although there remain financial institutions that don’t require repo contractors to work on contingency — notably, many smaller credit unions — it’s becoming the rule rather than the exception, according to veteran repo agents and industry experts. It isn’t always clear who’s actually putting the work out on contingency — the banks or the growing number of middlemen they contract with. Several lenders with large auto loan portfolios, including Bank of America, Santander, Ford Motor Credit and Toyota Motor Credit, declined to discuss how they carry out repossessions when contacted for this story. Sometimes big lenders have wound up on the hook for repos gone awry. This past fall, Ford Motor Credit, a tow company and a private investigation firm agreed to pay a total of $1.2 million to settle a lawsuit brought by the widow of a debtor killed during a repo-turned-catastrophe in upstate New York in 2007. According to press accounts, a repo man ran over Edward Kosloski, 44, in plain view of his three children. Kosloski had climbed onto the back of the flatbed truck that was hauling away his Ford Excursion in order to remove his tools, according to witnesses. The repo man apparently feared Kosloski might become hostile and tried to speed away, causing Kosloski to fall beneath the truck tires. Joseph Granich, the lawyer who sued on behalf of the Kosloski family, can’t comment directly on the case due to the settlement, but he describes the broader problem as poorly trained agents who aren’t invested in the work — and who are paid on contingency. “It’s my opinion, irrespective of this case, that that’s the problem,” he says. “You’ve got six-gun repo guys out there. The law goes out the window because they’re not going to make seven attempts to get a car for 150 bucks.” “Something has to change,” Granich says. “It’s one of these cases where it will take a couple more high-profile deaths until one of these companies gets hit with an excessive verdict and then decides to change their internal policies.” ‘HE HAS A LICENSE TO STEAL AND WILL JACK YOUR S**T’ The bar to entry into the repo business is extremely low. Most states don’t require special licensing or training to carry out a repossession, and states where licensing exists have set minimal certification requirements, according to an analysis by the National Consumer Law Center , a consumer advocacy group. Repo agents could be trained, for example, in dealing with hostile debtors and the finer points of debt collection law. But the certification programs offered by a handful of trade groups are, for the most part, voluntary. Certified veterans like Hogan and Taylor are frustrated that more agents don’t bother with formal training, which, of course, requires time and money. Judicial oversight of auto repossession is also minimal. In most cases, lenders don’t need a court order to repossess a car, as they often do if they wanted to foreclose on a house. Hence the term “self-help repossession”: When the borrower stops making payments, the lender simply helps itself to the car, via a repo agent. In the Georgia case, the defendants named in a suit brought by Pamela Jacobs — GMAC subsidiary Nuvell, Renovo and agent Brown — were recently found liable for Bill Jacobs’ death to the tune of $2.5 million . (The judgment has been appealed, and a lawsuit filed by the Clements family against the same parties has not yet been resolved.) A spokesperson for GMAC successor Ally said the company “requires its third party repossession agencies to follow certain procedures and all applicable laws when recovering a vehicle. The safety of the parties involved is of the highest importance to Ally.” The Jacobs’ lawyer was nonetheless able to convince the jury that Brown, Renovo and Nuvell had acted negligently and that Brown may have had no business repoing cars to begin with. Although Brown had worked for his father’s repossession company before joining Renovo, his criminal history might have overshadowed his employment history in the jury’s eyes. According to South Carolina records, Brown had been charged three separate times with criminal domestic violence, pleading guilty twice. He had also pleaded guilty to assault and battery in a separate case. On the MySpace page he kept with his wife, Brown’s bio read in part, “HE IS THE REPO MAN AND SO IF YOU DONT PAY YOUR CAR PAYMENT HE HAS A LICENSE TO STEAL AND WILL JACK YOUR S**T :) ” Brown responded to a Craigslist ad and signed a contract with Renovo two months before the fatal incident, according to court documents. He later said he didn’t realize it, but Brown, who didn’t finish high school, wasn’t working as a direct employee. He signed an agreement saying that he would carry his own insurance, although he didn’t purchase coverage and later said in court that he didn’t know it was his responsibility. His training consisted of a few days riding around with another agent, he said. He was leasing the truck he used from the company, paying it a fee for every car he repossessed. Kevin Flynn, the chairman and chief executive of Renovo, says that the Georgia tragedy couldn’t have been prevented by Renovo. Brown testified in court that Jacobs had acted like “Mr. Billy Bad Ass” and had “caused himself to get run over,” a version of events to which Flynn ascribes as well. Flynn says that the agents with whom Renovo contracts are trained professionals, and he insists that the contingency payment system had nothing to do with Jacobs’ death. “I don’t know what training or pricing or lenders’ desire could have done to avoid that tragedy,” says Flynn. “You do something two million times, the one-in-a-million thing is going to happen twice. All the prudence in the world isn’t going to stop that. If we were talking about pizza delivery men, the danger is significantly greater.” ‘WANT TO BE A REPO MAN?’ It would seem that just about anyone can become a repo man — like this reporter, for instance. Much like Michael Brown, I once responded to a job ad on the Internet that carried what I considered an irresistible subject line: “WANT TO BE A REPO MAN?” I was working as a freelance writer at the time, and I figured repo work could give me some insight into a little-seen facet of the finance industry. I also badly needed money. My bank account empty, I hadn’t had an interview for a journalism job in months. Unlike the many editors I’d emailed seeking employment, the repo guy responded to my query almost immediately. I met with him the following day. I thought I’d get schooled in the hard times of the recession’s debtors. Instead, I learned how difficult the repo man’s job could be. My boss, who I’ll simply call “T,” had come to the East Coast to open a new office for a repossession company. (Because I signed a non-disclosure agreement as a condition of employment, I won’t be naming the firm.) T was an affable if slightly intimidating man who looked upon his job dispassionately, viewing himself as a necessary cog in the greater financial infrastructure: People default on their loans; they have to give up their rides, however sad their personal circumstances may be. I liked T, and he seemed to like me — particularly my background as a crime reporter, which meant I knew how to track people down. What industry types call “skip tracing” is the hallmark of a good repo agent. Still, T wondered if I had the requisite nerve to do the job. “You’re either going to kick ass at this,” he told me, “or you’re going to fall on your face really, really fast.” My formal training was briefer than Michael Brown’s was. It consisted of an afternoon on the road with T, making what I recall to be three stops. The first two yielded no vehicles and no useful information on the debtors. The third ended in a successful repossession, the sad sack watching from his front porch as his sedan was hooked up to the tow truck and hauled out of sight. With that, I was part of the repo team. My job was to locate cars whose owners had fallen two months or more behind on their payments and then call our tow truck drivers to have the cars taken to the lot. I can’t remember whether I was walked through the details of the Fair Debt Collection Practices Act , the federal law that lays out what’s fair game and what’s abusive as agencies pursue debtors and their assets. I had only a vague handle on what was legal and what wasn’t, although I was encouraged to be creative. T told me he had a favorite ruse: Sometimes, when he was trying to confirm that a debtor lived at a certain address, he would knock on the door posing as a local pizzeria employee who was doling out free pies to lucky recipients. Even wary debtors, T told me, would let their guard down. I asked him why pizza. “Everyone loves free pizza,” he shrugged. By almost any standard, my arrangement with the repo company was a crummy one. For starters, my contract stipulated that I wasn’t an employee but an independent contractor — the same arrangement Brown had with his firm. That way, I wasn’t protected by the basic minimum wage and overtime laws that apply to most employees. Nor did the company provide me with health insurance benefits. Rather than earn a set hourly wage, I was to be paid a flat fee of $75 per auto I recovered, earnings on which I would eventually have to pay taxes out of pocket. I had to borrow a Windows-based computer from a friend to access the company’s network. I wouldn’t be reimbursed for gas and wasn’t given a vehicle, meaning that on certain assignments I’d be lucky to break even — assuming I actually found the debtor’s car. The way old-school repo agents see it, I was part of the new crop of fools who are willing to work for next to nothing, whose desperate need to complete the repo can endanger themselves as well as the debtors. It wasn’t easy work. Each morning the queue on my computer filled with cases of late-model cars that I found nearly impossible to track down on cluttered urban side streets. It didn’t help that the banks’ loan documents provided what was often outdated information on the debtor’s whereabouts. Many times with a simple fee-paid database search — I had access to Nexis at the time — I was able to find more accurate address information than what was listed on the loan. After two weeks on the job, I had netted no repossessions, and my own car was starting to break down. The last straw came when I successfully tracked down a Honda CR-V slated for repossession. Unfortunately, it was parked in a driveway next to an identical CR-V. The repo agency had been too cheap to pay to check the license plate number, so I didn’t know which vehicle was the right one. The debtor drove away in one CR-V while I hung back with the other. Once the agency finally ran the plate number, I found out I’d chosen the wrong CR-V. When I told T how frustrated I was, he pleaded with me to keep trying. He had a hard time finding prospects who were willing to venture into more dangerous urban neighborhoods for a highly uncertain paycheck. Having lost money on my boondoggles, I told him I didn’t understand how the work was supposed to be viable. I quit without having made a single repo. ‘A THINKING MAN’S GAME’ To find repo-related violence, Americans need look no further than cable television. Every Wednesday night at 9 p.m., Turner Broadcasting-owned truTV airs a program called ” Operation Repo .” Shot in the style of cinema verit&eacute, the program shows scripted scenes of California’s delinquent borrowers losing their cars to a family-run repo agency and getting violently in the process. The documentary feel no doubt leaves some viewers with the impression that everything on the show is real and that most repossessions devolve into mayhem. Set props have included baseball bats, guns and pepper spray. After lamenting lenders’ shrinking payments, “Operation Repo” is often the next exhibit presented by repo agents making a case for their troubles. “They’re a nightmare, the TV shows,” says Hogan, the American Recovery Association president. “You go and you knock on the [borrower's] door and you’re professional. They open the door and people have this horrified look on their face, like you’re going to knock them out or drag them through the yard.” “Operation Repo” is the brainchild of Lou Pizarro , a repo agent and former Marine who years ago began shooting video of his assignments as a way to indemnify himself in cases where the debtor grew hostile. The show started out as “Operaci&oacuten Repo” on Spanish-language Telemundo, where it’s been highly rated. Although most real-world repossessions end without incident, Pizarro makes no apologies for his show’s sensationalism. “The show is entertainment,” Pizarro says, adding that the scenes are based on his own experiences. “The repossessors who say we’re giving them a bad name — maybe they need to work harder. … This is a thinking man’s game. It’s not about brute strength. It’s about being smarter than the next guy.” Though the show may unsettle debtors, it certainly seems to inspire would-be repo agents turned on by the excitement. “After each show, I get a flood of emails from people telling me, ‘What do I need to do to get into the business?’” Pizarro says. “I tell them where to go, what to do, and I wish them well.” No entity has done comprehensive long-term tracking of injuries or violence within the repo industry, be it against debtors or agents, but one indicator of industry trends might be the cost of insurance for repo agencies. According to Ed Marcum, CEO of Recovery Specialist Insurance Group (provider of accidental death and dismemberment coverage, among other foreboding policies), insurance rates for repo agencies have shot up by about 70 percent over the last decade. “I think there’s a lot more violence toward the repossessor than there was years ago. Ten years ago, you heard of two or three in a year, and that was a lot. Now it’s three or four or five or six a month,” says Marcum. A former repo agency owner and insurance investigator, Marcum, too, attributes many of the recent mishaps and disasters — and, ultimately, the rising insurance premiums — to the narrowing profit margins for repo operators and the accompanying pressures. “A lot of the violence is strictly due to the fact that they have to get cars,” he said. “There’s a lot more risk. You have guys out here now, if they’re not successful, they don’t eat. There’s no doubt in my mind that the contingency adds a lot of liability. So they’re paying for it more.” A 2010 report from the National Consumer Law Center detailed a rash of repo-related violence that it attributed to the financial pressures applied by lenders and the light regulations governing the industry. In the three years leading up to the report, at least six people had been killed, dozens had been injured or arrested, and three children under the age of nine had been hauled away in repossessed cars. The way the National Consumer Law Center sees it, state laws protecting automobile owners haven’t evolved to reflect the importance of cars, and too few states require certification to repossess. Debtors facing repossession are often in dire financial straits. Even a highly professional repo agent might incite a borrower whose livelihood depends on his car. “With most repossessions occurring without the involvement of law enforcement, parties often assert their rights in a sort of vigilante justice,” the report noted. “The current system, unfair to families subject to repossession, also endangers repo agents.” Smaller, independent repo agencies bemoan the recent rise of large “forwarding” companies within the industry. Forwarding companies essentially act as middlemen, picking up large numbers of accounts from lenders and then distributing them, often on a contingency basis, to repo agencies, some of which may be subsidiaries of the forwarding companies themselves. Big lenders like the system because it’s convenient: They can unload all their accounts to a one-stop shop that takes care of finding agents and, in some cases, even auctions off the repossessed autos, all at a low price. Which is why long-time repossession pros like to blame forwarding houses for depressing wages in the business. Many independent agencies that used to deal directly with lenders now find themselves picking up jobs from the forwarders instead. “They all hate it, every one of them,” says Marcum, the insurance group CEO. “I know guys who’ve been in the business 50 years, and they’re having to take the work from forwarders. Why? They say, ‘I have to have income.’ “It really shows you how the little man basically gets manhandled by the large corporations, all for investor dollars,” he says. “This business model endangers consumers. I truly believe it does,” says Patrick Altes, a repo agency owner and private investigator in Florida. “If you don’t pay an agent for anything but getting the car, it liberates you from having to provide good information. There’s nothing that motivates them. They can assign it to five or six agents, pull up a credit report and assign it to a whole bunch of them. It’s a free-for-all, and the only one who gets paid is the one who comes up with the car.” ‘DO WHATEVER IT TAKES TO PICK UP MORE CARS’ The focus of many critics’ ire is Chicago-based forwarding company Renovo , whose subsidiary had a contract with Brown, the agent involved in the Georgia death. On its website, Renovo calls itself the repo world’s “most fully integrated single source solution to the financial services industry.” With its growth in the last few years, it has all but revolutionized the repo industry and now finds itself competing with similar companies that have adopted its one-stop-shop model. Flynn, Renovo’s CEO, was in the casino business before shaking up the repo world. He says that Renovo has won such a large share of the market because it was willing to “standardize and professionalize and build a national brand that it seemed the lenders were really looking for.” He also says the idea that Renovo has been driving down prices and abetting the spread of contingency work is nonsense. Renovo, too, has struggled as lenders have come to expect more for less, he says. “I’ve had eight of our largest 10 customers reduce price in the last two years,” Flynn says. “Lenders are really driving the pricing. Our margins have been squeezed tremendously. … Lenders expect more efficiency than ever now.” Renovo’s detractors point to a handful of incidents in which its contractors have wound up in the police blotter. In addition to the Georgia death, an agent working for a Renovo-owned firm shot and killed an Alabama debtor whose car he was repossessing in the middle of the night in 2008. Jimmy Tanks apparently came outside with a gun as the agent, Kenneth Alvin Smith, was trying to make off with his Chrysler Sebring, but the agent had a gun of his own. In other cases, Renovo’s contractors have landed the company in court after less disastrous repossessions. Preston Shaw of Nashville, Tenn., sued Renovo and Toyota Financial Services after an agent allegedly dragged Shaw’s Lexus out of his garage without his permission. Shaw said in court filings that he was in bankruptcy proceedings at the time and that the lender had no right to reclaim the car. Shaw’s two young daughters, one of whom is blind, were home alone during the commotion. The girls ran upstairs after a repo agent began banging on the door, according to Shaw. “It freaked them out, especially my blind child. For a while, we couldn’t leave my oldest daughter home alone,” the 41-year-old Shaw says. “There were drag marks going out of the garage and into the driveway and into the street. You can still see them.” Shaw’s case was settled for an undisclosed sum. Renovo has also squared off in court with its own employees. In a 2007 class action, a group of repo agents sued Renovo for allegedly misclassifying them as independent contractors rather than employees and violating overtime laws. In an email that surfaced in the lawsuit, one manager told agents, “The trucks simply need to roll more hours, and pick up more units. Each of you have the ability to do WHATEVER it takes to pick up more cars. Having an ‘Apprentice’ or two or three is the best way.” The case was also settled for an undisclosed sum. Flynn says a lot of the criticism leveled at Renovo is little more than sour grapes coming from smaller competitors who are losing their market share. Those firms, he says, need to accept the industry’s new paradigm. “I understand there are detractors, but I can tell you we run a professional operation,” he says. “I think that everyone is going to have to get efficient. I’m not sure economics will allow it to go any other way. The most efficient and progressive companies will remain in business, the ones who adapt to market conditions. You can complain or you can adapt.” ‘HE BLAMED HIMSELF FOR BILL’S DEATH’ Shortly after Bill Jacobs died in Georgia, Michael and Victoria Brown were charged in his death. Michael pleaded guilty to first-degree vehicular homicide and criminal property damage, receiving a prison sentence of 20 years. Victoria pleaded guilty to reduced charges of property damage and simple battery, receiving two years in prison and another four years of probation. In a civil trial, Pamela Jacobs tried to explain what she’d lost with her husband. “He still took very good care of me and really was in love with me, and I really loved him,” she said. “And I miss him very much.” Devastated by Bill Jacobs’ death, Joe Clements didn’t live much longer than his friend. Just six weeks after the fatal incident, Clements died of an undisclosed illness. In the lawsuit filed by Cindy Clements against Renovo and Nuvell, his family blamed the horror in his front yard for the quick unraveling of Joe Clements’ health. “From the time of the incident until his death, Mr. Clements began a severe downward spiral to depression,” having witnessed “the traumatic death of his friend and work colleague,” the complaint read. According to Cindy Clements, her husband held himself partially accountable for what had happened to his close friend. After all, Brown was there on a repo assignment only because Clements could no longer make the payments on his truck. “He would just sit and think,” Cindy Clements said in a deposition, describing her husband’s behavior after the tragedy. “He blamed himself for Bill’s death. And it just ate on him.” The Clements had been married since 1975. According to court filings, Cindy Clements moved out of the house she had shared with her husband, saying it was too emotionally difficult to stay there after he died. She bounced around to different addresses and different jobs. She could not be reached to comment for this story. Pamela Jacobs still lives in the Augusta house she shared with her husband. When I showed up unannounced on her porch recently, she apologized and said she wouldn’t be able to talk about his death. She explained that she wasn’t comfortable commenting because of all the litigation. All she would say, as she choked back tears, was that it was a shame so many lives were destroyed over $70.

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Idaho Couple Can Fight EPA, Supreme Court Rules

March 21, 2012

WASHINGTON — The Supreme Court on Wednesday unanimously reversed a lower court opinion that forbade an Idaho couple from challenging an Environmental Protection Agency compliance order that carried with it tens, if not hundreds, of thousands of dollars in potential penalties. A few months after Chantell and Michael Sackett began preparing to build their dream home just north of Idaho’s Priest Lake in 2005, the EPA came calling with an order under the Clean Water Act that they stop and restore their lot to its original condition. If they failed to comply and the EPA brought action, the Sacketts faced up to $75,000 in civil penalties for every day they failed to comply with the order. Lower courts refused the Sacketts an opportunity to fight the order — and with it, the fines they were potentially accruing — until the EPA itself chose to bring an action. Justice Antonin Scalia, writing on behalf of the entire Court, allowed the Sacketts to bring suit. The decision represents a win not only for the Sacketts but also for the libertarian legal community and property rights advocates, who argued that the EPA’s previously unchallengeable compliance orders represented the administrative state run amok. The ruling hinged on whether the EPA’s order was a “final agency action for which there is no other adequate remedy in a court”: The justices said that it was. Still, the decision does not mean that the Sacketts, or anyone else now able to push back against EPA compliance orders, will ultimately prevail in their lawsuits. Justices Ruth Bader Ginsburg and Samuel Alito wrote separate concurring opinions to signal a less-than-unanimous future when the Supreme Court does tackle the legality of the EPA’s Clean Water Act compliance orders. “Whether the Sacketts could challenge not only the EPA’s authority to regulate their land under the Clean Water Act, but also, at this pre-enforcement stage, the terms and conditions of the compliance order is a question today’s opinion does not reach out to resolve,” Ginsburg wrote. “Not raised by the Sacketts here, the question remains open for another day and case.” Alito implored Congress to fix the “notoriously unclear” scope of the Clean Water Act. “Allowing aggrieved property owners to sue … is better than nothing, but only clarification of the reach of the Clean Water Act can rectify the underlying problem,” he wrote.

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GSA Buys Columbia Plaza Office Bldg. for $99.6M

March 21, 2012

The U.S. General Services Administration acquired the 511,500-square-foot Columbia Plaza Office Building in Washington, DC, from a partnership between Normandy Real Estate Partners and Westbrook Partners. The property traded for $99.59 million or $195 per square foot. The 15-story structure at 2401 E. St. NW was built in 1974 and renovated in 1999. The U.S. Department of State’s Diplomacy in Action agency has occupied the building since 1992 under…

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Baker Donelson Bldg in Downtown Nashville Sells for $47.1M

March 21, 2012

Sun Life Financial Services, an international financial services company, has acquired the 11-story Baker Donelson Building at 211 Commerce Ctr. in downtown Nashville, TN from The Mathews Company in a transaction totaling $47.13 million, or approximately $205 per square foot. The property was constructed in 2000 and totals 229,536 square feet of Class A office space . The building was 93.8 percent occupied at the time of the sale, and is currently…

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‘Reuse’ Ideas For Michigan Central Station From Other Cities

March 18, 2012

BUFFALO, N.Y. — When Mary Lynne and Dan Kautz chose a place to hold their wedding reception, they didn’t book a grand ballroom in some pricey hotel or a lavish suburban catering hall. Instead, they picked a crumbling, decrepit former train station in a run-down neighborhood on Buffalo’s east side. Everything had to be brought to the Central Terminal, including food, beverages and portable restrooms. Nearly 300 guests danced amid the semi-ruin of the old main concourse to tunes played by a cover band powered by one of the generators set up because there were fewer than a dozen working electrical outlets in the cavernous building. “I basically told my family, `I rented a concrete tent,’” said Dan Kautz, a 43-year-old financial adviser from Amherst. The Central Terminal symbolizes a problem facing Buffalo and many other Rust Belt communities: What can be done with massive, often-derelict industrial and transportation structures? Tearing them down can cost millions of dollars; redeveloping them is even costlier. The answer for now – in Buffalo, at least – is to hold festivals and dance in them or attract large groups for tours. Buffalo and other cities are looking for opportunities to give the public a glimpse of what some consider America’s “ruins” and showcase preservation efforts. Getting to the point where a developer is willing to plunk down millions of dollars on a rehabilitation project at a 500,000-square-foot industrial site is a major hurdle. “It’s a little different than trying to save an 18th-century farmhouse somewhere,” conceded Marty Biniasz, spokesman for the Central Terminal Restoration Corp. The station served as the city’s rail hub for 70 years before closing in 1979. The restoration group has owned it since 1997. In many parts of the nation, the Northeast and Midwest in particular, cities burdened with massive, idled industrial buildings are weighing the likelihood of redevelopment against the cost of demolition. Detroit’s Michigan Central Station, a Great Lakes bookend to Buffalo’s Central Terminal, is the focus of the Motor City’s best-known preservation effort. “It’s definitely something that’s a gem,” said John Mohyi, a 23-year-old who works in technology development for a Detroit aerospace company and who serves as president of the Michigan Central Station Preservation Society. “Maybe a diamond in the rough at this time, but it’s coming to life slowly but surely.” The 500,000-square-foot station with an 18-story office tower opened in 1913 and was Detroit’s main passenger rail depot until Amtrak service halted there in early 1988. The property was left to deteriorate and was picked clean by scavengers. It came to symbolize Detroit blight. In 2009, the city council voted to tear it down. That sparked a grassroots effort to save the station, with advocates using social media to rally support. The station’s owner, Manuel “Matty” Moroun, head of the Detroit International Bridge Co., has spent more than $1 million cleaning and stabilizing the property, said company spokeswoman Jennifer Dennis. Preservation advocates can point to plenty of examples of reuses for old industrial sites: _ A complex of former 19th-century textile mills in Lowell, Mass., now home to a national park, residential units and offices. _ Defunct steel mills in Pittsburgh and Bethlehem, Pa., reborn as casinos. _ Another 1800s mill complex, just north of Albany, renovated into upscale loft apartments overlooking the Mohawk River in Cohoes. At Buffalo’s Central Terminal, no one seemed to mind the surroundings on the Kautz’s wedding day in August 2007. Younger guests saw a storied Buffalo landmark they had only heard or read about, while older guests were thrilled just to be inside it once again, no matter the condition. “We liked the symbolism of having it there,” said Mary Lynne Kautz, 47, a Spanish and French teacher in suburban Clarence. The 83-year-old Art Deco building is much tidier today, yet still in need of major infusions of money to restore its former glory. The nonprofit organization that owns it no longer rents it out for weddings but it continues to host other events – ethnic festivals, tours, concerts, expositions. It’s an effort to raise funds to preserve and, supporters hope, eventually redevelop it into a multipurpose transportation, business and residential complex. Urban planning expert Dennis Frenchman of the Massachusetts Institute of Technology estimates there are thousands of such success stories across the nation. Many cities in the U.S. and Europe have recycled crumbling industrial properties into other uses, either as business incubators or cultural and recreational centers, he said. “To tear it down is not a solution,” said Frenchman, a professor in MIT’s Department of Urban Studies and Planning. “In fact, you’ll actually have fewer assets after you’ve done that, even if it’s an old mill that’s falling apart.” There are thousands of abandoned or defunct industrial sites across the U.S. still languishing, although an exact number is hard to come by since there’s no single repository for such information, Frenchman said. In some communities, local leaders want to see the old structures torn down to make way for new development, while others see industrial properties for their heritage value and advocate rehabbing them for other uses. For some preservation advocates, even the “ruins” have their appeal. “That’s part of the charm,” Biniasz said. “The state of decay lends it a very hip, cool atmosphere.” Such an allure is part of what attracts many history buffs, architects and engineers to old industrial sites across the U.S. They’ll travel great distances to participate in group tours of defunct train stations, idled power plants and crumbling factories and learn about the sites’ roles in building America. “There’s elements of these old industrial sites that are so captivating,” said Jay McCauley of the Society of Industrial Archaeology, a 1,500-member group whose membership includes archaeologists, academics and students. The organization organizes annual tours of U.S. industrial sites, with groups typically numbering 100 or more. McCauley, a 64-year-old Silicon Valley retiree, gets strange looks from people when he tells them he’s headed to the East Coast to tour old factories. The typical reaction: “You’re flying all away across the country to look at an old building. Really?” “But there’s a majesty in some of these old buildings,” he said. For McCauley, a Detroit native who lives in San Jose, Calif., seeing the condition of his hometown’s old train station during a group tour a few years ago was nearly too much to bear, even for someone with an appreciation for American ruins. “It broke my heart,” he said. “It just makes you cry.”

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Bad Bank Habit Could Be Worsening Foreclosure Crisis

March 16, 2012

Banks might be indulging a bad habit that could be worsening the foreclosure crisis, according to recent research from economists at the Federal Reserve Bank of Cleveland. The economists, Thomas Fitzpatrick and Stephan Whitaker, did some analysis of the Ohio real estate market and found a disquieting trend. Banks seem to be over-valuing many of the homes they foreclose on , making it less likely that homeowners can get a loan modification and more likely that they’ll end up losing their property. It’s not clear how or why banks are getting an inflated idea of the value of so many properties — especially since foreclosed homes tend to drag down real estate prices for the whole neighborhood — but the trend seems to be real. Fitzpatrick and Whitaker note that at foreclosed-home auctions in the Cleveland area, banks routinely sell their properties for much less than what they paid to buy them from the sheriff, meaning banks are high-balling their estimates of what those homes are worth. If they weren’t doing that, the economists write, then maybe they’d be more willing to extend loan modifications to Ohio homeowners who then wouldn’t have to give up their houses. This isn’t the first evidence that banks have made the foreclosure crisis more pronounced. The widespread practice of robo-signing — banks moving forward with foreclosures based on forged or unread paperwork — has significantly impeded the housing recovery . And additional signs have shown wrongful foreclosures continue to be a problem across the nation. Today, the foreclosure crisis remains a major source of economic distress in America, and the sheer volume of foreclosed properties is expected to get worse before it gets better , thanks to the recent $25 billion settlement between 49 states and five of the country’s biggest banks. Meanwhile, as more and more people bail out of the housing market and flee to rental units , the nation’s low-income earners — many of whom never had the option of buying a house, and depend on affordable apartments for shelter — are finding themselves priced out of places to live . Besides delaying a recovery in housing prices — seen as a prerequisite for any broader economic turnaround — the foreclosure epidemic has also been characterized as a public health crisis, with research linking the financial and psychological stress of foreclosure to widespread incidences of depression, anxiety and an inability to afford food and medicine .

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Argentina To Sue Over Controversial Territory

March 15, 2012

* Argentina aims to stop drilling, engage Britain in talks * UK says it supports islanders’ right to develop oil sector * Rockhopper, Borders & Southern among companies targeted By Juliana Castilla BUENOS AIRES, March 15 (Reuters) – Argentina will take legal action against any companies involved in oil exploration off the disputed Falkland Islands as part of a drive to pressure Britain into sovereignty talks, the foreign minister said on Thursday. Three decades after it repelled an Argentine invasion of the Falklands, Britain has vowed to defend the archipelago, saying it will negotiate sovereignty or oil rights only in the unlikely event that the 3,000 islanders want that. The conflict has heated up in recent months as the war’s 30-year anniversary nears and findings by British exploration firms raise hopes of a potential tax windfall and boon to the islands’ economy. Argentina says the exploration and drilling activities are illegal since the area is contested. It says Britain is violating Argentine law and U.N. resolutions that call for talks and prohibit unilateral action as long as the dispute persists. The South American country, run by center-left President Cristina Fernandez, will bring civil and criminal charges to sanction the gamut of companies involved. “With these actions we assume the responsibility of defending Argentina’s natural resources,” Foreign Minister Hector Timerman told a news conference. “The South Atlantic’s oil and gas are property of the Argentine people.” Britain reacted by saying it supported the rights of Falkland islanders to exploit their oil reserves. This was an “integral part of the right of self-determination”, a British Foreign Office spokesman said. It was not immediately clear what kind of judicial action Argentina could take. The government said it planned to seek international cooperation to gather information or enforce court orders issued by Argentine authorities. Several companies have drilled in waters off the islands, which are called Las Malvinas in Spanish. British explorer Rockhopper has been seeking a partner to invest in the $2 billion Sea Lion project. Borders & Southern and Falkland Oil & Gas are set to drill wells south of the islands this year. An industry source in London said legal action against companies involved in Falklands oil exploration “will have no impact on Rockhopper’s operations as they look to develop the Sea Lion project.” Borders & Southern declined to comment. MANY ACTORS INVOLVED In addition to the exploration companies, Timerman said Argentina will go after the firms that run and provide services to the two drilling platforms in the area. The Ocean Guardian platform is owned by Diamond Offshore Drilling Inc while the Leiv Eiriksson rig is owned by DryShips Inc and its majority-owned Ocean Rig unit. Companies providing logistical, financial and legal support to the search for Falklands oil will also face administrative and judicial action, he added. “Argentina understands that without the participation of many other actors, these illegitimate activities cannot be carried out,” Timerman said. The government will notify international investors like UBS , Fidelity and Credit Suisse – which hold shares in the exploration firms – of the actions it plans to take. And it will urge U.S. and British market regulators to force the oil companies to disclose the risks involved in operating in an area subject to a messy sovereignty dispute. The exploration licenses are awarded to firms by the islands’ governor in consultation with the British Foreign Office. In theory, any company could apply but the Falklands government would be unlikely to grant a license to an applicant in which Argentine interests hold more than 49 percent, according to a leaked cable from the U.S. embassy in London dated February 2010. Falkland residents, known as “Kelpers,” show no signs of wanting to break with Britain.

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Berkeley’s Biggest Medical Marijuana Dispensary Forced To Shut Down

March 15, 2012

This article comes to us courtesy of California Watch . By Michael Montgomery and David Downs One of California’s biggest medical marijuana establishments – embraced by local officials as a model business that donates to the poor and pays millions in taxes – has become the latest target in a statewide crackdown by federal prosecutors. Berkeley Patients Group , founded in 1999 by leading names in the state’s medical marijuana movement, will cease operations at its current location later this year, according to an agreement between the dispensary’s owners and the landlord. The document was signed on Feb. 28 by Alameda County Superior Court Judge C. Don Clay. “Berkeley Patients Group agrees to cease all cannabis-related activities and remove all cannabis-related property from the premises by May 1, 2012,” the document states. Legal experts said agreements of this kind can be revised, but it was unclear if that was possible in this case. The decision to shutter the outlet on San Pablo Avenue was triggered by a warning from Melinda Haag, the U.S. attorney for Northern California. In a letter sent to the owner of the building that houses the dispensary, Haag said federal prosecutors would file a forfeiture action if marijuana continued to be distributed at the location. Berkeley Patients Group has leased the property since 1999 and operates under a city license. The letter cited violations of federal law and the fact that the outlet is within 1,000 feet of two schools: the Center for Early Intervention on Deafness, which also houses a preschool, and Ecole Bilingue de Berkeley, a French bilingual grade school. “Marijuana dispensaries are full of cash and they’re full of marijuana, and everybody knows that,” Haag said in an interview. “They are at risk of being robbed, and many of them are robbed.” While marijuana is illegal under federal law, Haag said she doesn’t have the resources to target all the medical pot outlets that have proliferated in her district in recent years. So, she said, her office is focusing on protecting children. “When a dispensary comes to my attention that is close to a school, a park or a playground or to children, that’s a line I’ve decided to draw, and those are the dispensaries that I’m looking at,” Haag said. Since federal prosecutors announced a statewide crackdown in October, Haag said her office has sent letters to a number of dispensaries, including Berkeley Patients Group and an outlet in Santa Cruz that was robbed by armed gunmen in February. The outlet is next to a preschool. “People in the community may be supportive of the dispensary,” Haag said, “until there’s an armed robbery and people come running out of the dispensary shooting guns.” Berkeley Patients Group’s owners declined interview requests, but supporters said the outlet has never been the scene of violence or an armed robbery. The group issued a statement reading: “BPG remains committed to providing safe and affordable access to its patient-members, while working to preserve the jobs of its 70+ employees. We are grateful for the level of support we have received from the Berkeley community over the years.” The dispensary enjoys widespread support among local officials. In 2009, the Berkeley City Council proclaimed a special day to honor the group. “I tell people that the Berkeley Patients Group is the Brooks Brothers of medical marijuana dispensing,” said Polly Armstrong, co-CEO of the Berkeley Chamber of Commerce. She said the dispensary has donated thousands of dollars to the chamber and other civic groups over the years. That sentiment is shared by Jill Ellis, executive director of the Center for Early Intervention on Deafness , one of the schools cited in the warning letter from federal prosecutors. “They really have been caring, supportive neighbors, concerned neighbors, clearly very interested in our mission, our families,” Ellis said. “Their security provides a great asset and enhancement to our community. We’ve never had any incidents at all.” The order to vacate comes at an inopportune time for the dispensary. Berkeley Patients Group still owes the state about $6.3 million in back taxes, interest and fees for marijuana sales from 2004 to 2007. And the group faces a tough real estate market. Adam Peterson, a real estate agent for Cassidy Turley BT Commercial whose expertise includes the Berkeley market, said the dispensary has wanted to move for three years due to redevelopment on San Pablo Avenue, but the owners haven’t found a location. “It’s almost impossible to relocate, especially under the rules and regulations that the cities and state have in place right now,” he said. Only one property in Berkeley meets both state and local guidelines, Peterson said, and it’s not for rent to a dispensary. But Dale Gieringer, state coordinator for the California chapter of the National Organization for the Reform of Marijuana Laws, said he thinks the dispensary will find a new home and outlast the latest crackdown. “That’s what we’ve seen with previous federal crackdowns,” he said. “They’re disruptive at first, then people move somewhere else or change their business plans.” Prominent Oakland medical marijuana activist and businessman Richard Lee has been forced to move his dispensary twice due to warnings from federal prosecutors. A version of this story aired on KQED’s ” The California Report ,” where the audio is available. Michael Montgomery and David Downs are investigative reporters for California Watch, a project of the non-profit Center for Investigative Reporting. Find more California Watch stories here .

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Silverdome Owner Wants Tax Break

March 15, 2012

While Pontiac’s emergency manager makes drastic cuts to resolve the city’s budget crisis, the owner of the Silverdome is hoping for a five-year breather on paying taxes on the property. Triple Properties of Toronto currently pays the city $95,000 in property taxes for the former Detroit Lions stadium, the Daily Tribune reports. If the proposal is approved, the company’s taxes would be frozen at that amount. Schimmel told the Tribune $95,000 is only half of the Silverdome’s actual taxable value. Triple Properties owner Andreas Apostolopoulos once mentioned pursuing glamorous upgrades to the building, like knocking out the roof and bringing in a Major League Soccer team. But the five-year tax abatement would only be used for critical repairs , including fixing the Silverdome’s drainage system and replacing lights, according to the Detroit News . Apostolopoulos, with a family net worth estimated at $805 million , is set to make his case for the tax break Thursday afternoon to Schimmel, who has been outwardly wary of the idea of losing revenue from the Silverdome’s taxes. “I will keep an open mind, but I have never been a terrific fan of giving away tax breaks,” Schimmel told the News . In his six months as emergency manager of Pontiac, Schimmel has made controversial cost-cutting decisions. An attempt to give Oakland County control of some of the city’s federal funds — resulting in less money for Pontiac — was stopped, but he has expressed interest in selling off many of the city’s assets . Apostolopoulos bought the Silverdome in 2009, seven years after the Detroit Lions paid the city of Pontiac $26 million to break their agreement and moved south to Ford Field. Apostolopoulos got the historic stadium for a mere $583,000 in what many considered a rip-off . Since then, he’s put $6 million back into the property for upkeep , according to Canadian Business. What do you think? Let us know in the poll, below: Flickr photo by Dave Hogg .

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Senators: Giving MF Global Execs Bonuses Probably Not A Good Idea

March 15, 2012

WASHINGTON — Senators are telling the trustee overseeing MF Global that it would be outrageous to pay bonuses to top executives of the collapsed brokerage firm that was led by former New Jersey Gov. Jon Corzine. They say it would be wrong to pay bonuses while about $1.6 billion of customers’ money hasn’t been recovered. All the members of the Senate Agriculture Committee signed a letter sent Thursday to former FBI director Louis Freeh, who acts on behalf of MF Global creditors as trustee. The committee is one of several congressional panels investigating MF Global, which filed for bankruptcy protection Oct. 31. “It is absolutely outrageous to propose paying bonuses to the very people who were responsible for the firm’s operational, legal and financial management at the time customer money disappeared,” the letter said. The Wall Street Journal had reported last week that Freeh was planning to seek permission for paying bonuses. Freeh has since said he hasn’t decided whether to ask the bankruptcy judge to approve bonuses for the executives. The Journal said Freeh planned to ask U.S. Bankruptcy Judge Martin Glenn to approve bonuses for Bradley Abelow, MF Global’s president and chief operating officer; Chief Financial Officer Henri Steenkamp, General Counsel Laurie Ferber and about 20 other executives, who are helping Freeh unravel the firm’s finances. The Journal story cited unnamed people familiar with the situation. Freeh said in a letter Monday to Sen. Jon Tester, D-Mont., who earlier had objected to the payment of bonuses, that he hadn’t yet made any recommendations to the bankruptcy court or “any decisions on the subject, notwithstanding reports to the contrary that have appeared in the media.” There was no immediate response from Freeh on Thursday to the letter from the Senate Agriculture Committee, which is led by Chairwoman Debbie Stabenow, a Democratic senator from Michigan. Abelow and Steenkamp testified at congressional hearings in December that they did not play a role in any decision to transfer customers’ money. No one has been charged in the MF Global case. The firm failed after a calamitous bet on European debt spooked its investors, trading partners and clients, becoming the eighth-largest corporate bankruptcy in U.S. history. Federal regulators, Congress and a federal grand jury in Chicago are investigating MF Global’s failure and the disappearance of customers’ money. Much of the money belonged to farmers, ranchers and other business owners who used MF Global to reduce their risks from the fluctuating prices of commodities such as corn and wheat. Corzine, who was co-chairman of Goldman Sachs before going into politics and serving as a Democratic senator and governor of New Jersey, resigned as MF Global CEO in November. He has testified that he didn’t know any customer money was missing until Oct. 30, the day before MF Global’s bankruptcy filing. Separately Thursday, another MF Global trustee, who is overseeing the liquidation of its brokerage operations, asked the bankruptcy court for permission to distribute an additional $685 million to customers. The trustee, James Giddens, already has returned $3.9 billion to customers. In his latest request, Giddens is seeking permission to give $50 million to customers who traded on foreign markets, the first such payment to those trading on foreign exchanges. He also wants to distribute up to $600 million to customers who traded commodity futures on U.S. exchanges and $35 million to owners of physical property. ___ AP Business Writer Matthew Craft in New York contributed to this story

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