real-estate

Huffington Post…

Since an improbable victory over Honda last week in a California small-claims court, a woman who sued over the disappointing fuel economy on her Civic hybrid says she has fielded hundreds of inquiries from disgruntled owners asking how they can follow in her footsteps. Heather Peters says she has been happy to answer questions, and she’s curious to see how many file small-claims court cases of their own. She’s not the only one. Automakers, legal experts and consumer-rights advocates are keeping an eye on what happens in the aftermath of her victory. Every car company today must advertise fuel economy to comply with regulation. But many–Ford, Hyundai, Chevy, Toyota and Honda, for example– regularly trumpet fuel economy ratings in an attempt to convey quality and innovation, as well as appeal to pocketbooks when gas prices spike. They’ll all have a clearer idea of what they are facing from disappointed consumers and judges soon.

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Woman’s Small Claims Court Win Could Rock Entire Auto Industry

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Huffington Post…

SAN FRANCISCO — Stanford University’s latest five-year fundraising drive netted $6.2 billion, the largest amount ever raised in a higher education campaign, school officials said Wednesday. Money from the Stanford Challenge is being used to fund an interdisciplinary approach to teaching and research on areas such as education, environment, human health and international affairs, officials said. “We’ve undertaken a new model in higher education, with experts from different fields joining together,” school president John Hennessy said in a statement. “This kind of collaboration has enabled Stanford to assume a larger role in addressing global problems.” The money is providing funding for more than 160 endowed faculty positions, 360 graduate student fellowships, the construction or renovation of 38 campus buildings, $27 million in seed grants for innovative research and more than $250 million for need-based undergraduate scholarships. The $6.2 billion raised by the Stanford Challenge is the most collected by a university in a single fundraising campaign, said spokeswoman Lisa Lapin, citing the Council for Advancement and Support of Education. That total surpasses the $4.3 billion goal set when the campaign was launched in October 2006. During the campaign that ended Dec. 31, the university received donations from more than 166,000 alumni, parents and community members. The university received contributions of more than $50 million from Stanford alumni such as Yahoo Inc. co-founder Jerry Yang, Nike Inc. co-founder Phil Knight and Silicon Valley venture capitalist Robert King. Stanford is the latest university to announce a successful multibillion fundraising campaign. Last year, Yale University said it had raised $3.9 billion, and the University of Pennsylvania said it collected $3.5 billion. “It’s an impressive drive for funds that most public universities can only dream to eventually match,” said John Aubrey Douglass, a researcher at the Center for Studies in Higher Education at the University of California, Berkeley. “Donors are attracted to the big-name universities, but I worry some that the rich keep getting richer.”

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Guess Which Local University Shattered Fundraising Records?

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Huge Scandal Rattles San Francisco-Based Snack Company

February 9, 2012

SAN FRANCISCO — Diamond Foods Inc. is replacing its CEO and chief financial officer after an internal investigation found that the company improperly accounted for payments to walnut growers and it needs to restate two years of financial results. The news, announced late Wednesday, sent shares of the San Francisco-based company plummeting more than 43 percent in after-hours trading. Diamond Foods, which makes Emerald Nuts and Pop Secret popcorn, has been embroiled in a dispute over the payments for several months. The company said that its audit committee found that the payments were booked in the wrong period. The payments – an estimated $20 million in 2010 and $60 million in 2011 – skewed the company’s financial results. Diamond Foods placed its CEO Michael Mendes and Chief Financial Officer Steven Neil on administrative leave. The company is looking for permanent replacements. In the meantime, it appointed Rick Wolford, a Diamond Foods director and former CEO of Del Monte Foods, as its acting CEO. Michael Murphy, of Alix Parners, will serve as acting chief financial officer. The deal could put Diamond Foods’ plans to acquire the Pringles brand from Procter & Gamble Co. in jeopardy. The deal, worth $1.5 billion when it was announced in April, would be the biggest acquisition ever for Diamond Foods and make it the second-largest snack maker in the nation behind PepsiCo Inc. The collapse of Diamond Foods’ shares also hurts its ability to finance the deal. Cincinnati-based P&G called the news from Diamond Foods “very disappointing.” It said in a statement that it is evaluating its next steps and keeping all its options open. “Pringles remains a valuable asset and it has attracted considerable interest from other outside parties,” P&G said. Shares of Diamond Foods were halted in trading earlier in the day but fell $15.88 to $20.78 in after-hours trading. Its shares have been on a downward slide since hitting $96.13 in late September. Diamond Foods said it takes the integrity of its financial statements seriously and is working to complete the restatements as soon as possible.

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Supertel Hospitality Announces Appointment of Four Directors

February 8, 2012

NORFOLK, NE–(Marketwire – Feb 8, 2012) – Supertel Hospitality, Inc. ( NASDAQ : SPPR ), a real estate investment trust (REIT) which owns 99 hotels in 23 states, today announced the appointment of Messrs. Daniel R. Elsztain, Jim Friend, Donald J. Landry, and John M. Sabin to its Board of Directors.

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Taxing Casinos Could Help Detroit’s Financial Woes

February 7, 2012

The tentative agreement Mayor Dave Bing brokered with many of Detroit’s unions last Wednesday requires the city seek out new revenue sources in exchange for worker concessions. One of those provisions says the city should lobby the state to tax the casino winnings of non-Detroit residents. After agreeing to significant concessions less than two years ago , city workers are looking to avoid future cuts to their pay and benefits. The union side of the new bargain with Bing would include health care and pension concessions and a 10 percent across-the-board wage cut , the Detroit News reports. Police and firefighters have yet to come on board with the concessions, and the city is waiting for their support before finalizing the agreement. Proponents say a strengthened casino tax would allow the city to bring in revenue, rather than continue cutting to balance the budget. Interpretations of city and state laws currently exempt non-residents’ casino winnings from Detroit’s city income tax , according to Fox 2 News. AFSCME attorney Richard Mack, who represents city workers, told the TV station the law should be changed so Detroit can “do some long-term structural things to bring in revenue.” Looking at all available options, including new revenue sources, is necessary to avoid a state takeover of Detroit. The city is currently under financial review , and new sources of revenue could persuade the review board to recommend against a state-appointed emergency manager. State Rep. Rashida Tlaib (D-Detroit) believes an agreement between the city and its workers to seek out revenue could spark new life into a related bill she introduced last year that would increase the taxes Michigan cities can collect from casinos. House Bill 4648 would not affect casino winners, but would raise the casino’s business tax rate to 23 percent and would raise the city tax on casinos’ gross receipts to 12.9 percent. If the bill becomes law, Tlaib said the increased tax rate would raise about $28 million for the state — funding K-12 education — and $42 million for the city of Detroit. The bill is still in committee. Tlaib introduced the bill last May with co-sponsors Harvey Santana (D-Detroit) and John Olumba (D-Detroit). She told The Huffington Post she is a firm supporter of Detroit’s casinos, but she also expects them to pay their fair share. “Just like I expect my neighbors to pay their taxes, I expect corporate neighbors to pay their taxes, too,” she said. “I believe we need to say yes to Detroit and make this a true shared sacrifice.” This isn’t the first time politicians have tried to raise taxes on Detroit gaming houses. Mayor Bing unsuccessfully pushed for a casino tax increase in April of last year . He argued that gambling establishments in Michigan paid much lower taxes than other states, noting that Ohio had a 33 percent tax rate. In 2004, Public Act 306 raised Detroit casino taxes by 6 percent with 2 percent of the new revenue going directly to the city. While the city has struggled with its finances, Detroit’s three casinos had a record year of profits in 2011 . They earned a combined $1.42 billion in gross revenue , an improvement of 3.4 percent over 2010, according to Crain’s Detroit Business . The city took in $183 million in tax revenues from casino wagering in 2010 , including a $9.6 million back settlement on taxes owed by Greektown Casino.

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Two Occupy DC Activists Remain Jailed In McPherson Square Police Clash

February 7, 2012

WASHINGTON–Two members of Occupy DC will remain jailed until at least Thursday on charges they assaulted police officers during Saturday’s clash with police who razed a downtown encampment. A handful of others were arraigned on less serious charges that included failing to obey police and released. Charges were dropped against two. One person was arraigned down the street in U.S. District Court on a failing to obey police charge and released. Those arrested were rounded up early Saturday as U.S. Park Police razed activists’ months-long encampment at McPherson Square. Police raided nearby Freedom Plaza the next day, but left many tents in place. The moves, though anticipated by the Occupy activists, shocked them nevertheless as police arrived with a dump truck and protective hazmat suits. A D.C. Superior Court judge set a hearing for Thursday for the two charged with assaulting police officers and said they would remain jailed until then. One is Jeremiah Desausa, accused of throwing a Coke bottle that struck a police officer in the eye. Police said over the weekend that the activist had thrown a brick, but a court document described it as a soda bottle filled with liquid. About a dozen Occupy DC activists showed up to watch the arraignments, in a Superior Court basement. They included one legal observer as well as lawyer Ann Wilcox. Several took careful notes, some on newspaper. It was a contrast from McPherson Square. Instead of screaming Occupy chants, the activists had to obey the courtroom’s no-talking policy. Whispering was met with a courtroom minder’s stern warning and threat of eviction. It was a long afternoon. Those arrested face charges ranging from failure to obey an officer’s order to felonious assault of a police officer. One by one, they were brought into court in chains and cuffs, some in white jumpsuits. One appeared with his arm in a brace and sling; the activists said his arm was broken . Brian Eister, 25, who was charged with failure to obey, was one of the first released. He said he wanted to return to McPherson Square for some yoga exercise. Wade Simmons, 41, had been charged with making threats to a police officer. He denied wrongdoing and was released after being arraigned, pending his next court date. He was most upset over the judge granting a stay-away order, temporarily banning him from Freedom Plaza. “How long is this?” he asked the judge. She replied that he had to check with his lawyer. He had been camping with Occupy DC since Oct. 15. Michael Patterson , 21, an Iraq War veteran arraigned on a felony charge of assault on a police officer, said outside the courtroom that he “didn’t do anything.” Patterson said Occupy DC’s eviction did not matter. “The camp was just a tactic,” he explained. He had traveled from Anchorage, Alaska, to join to Occupy DC in early-October. Now, he can’t go near the place; he too got slapped with a stay-away order.

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Commentary: Was Chrysler’s Super Bowl Ad Pro-Obama?

February 6, 2012

For the second straight year in the Super Bowl, Chrysler took a big chance, spending millions of dollars to advertise a message that doesn’t have a lot to do with selling cars, but rather an idea, or ideal, and a message about the city of Detroit.

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GM Dealerships Getting Snazzier Showrooms

February 5, 2012

LAS VEGAS — General Motors Co. said Saturday that most of its 4,400 U.S. dealers have agreed to upgrade their showrooms over the next four years. The upgrades include new signs, more modern interiors and lounges with free Wi-Fi. In some cases, dealers might also open cafes or salons. The company announced its plans at the National Automobile Dealers Association convention in Las Vegas. GM said 3,400 dealers have agreed to upgrades, and 1,000 have been completed. GM said it also plans to give dealerships more sales and service training and encourage them to do more online marketing. If they meet all the upgraded standards, they’ll receive quarterly payments, spokesman Tom Henderson said. Henderson said 36 percent of GM’s stores were built before 1970. “We’re investing in our retail network because today’s new-vehicle customer expects a shopping experience to match the character of the brand they’re considering,” said GM North America President Mark Reuss. But some dealers question the costs, which can approach $1 million per dealer. They say the expense would be particularly difficult for smaller dealers. The National Automobile Dealers Association released a study Saturday recommending that auto companies better explain the need for the upgrades. It also suggests that costs could be lowered if discounts were negotiated with construction companies or if dealers could use different, but comparable, materials. The association also said companies and dealers need to jointly research and determine future trends that could affect dealerships. Dealers might be able to have smaller properties with fewer cars on their lots as people increasingly shop for and order cars online, for example. The study also suggested that as car quality improves, dealers might need fewer service bays or put them on different sites. “The world is changing,” said Glenn Mercer, an independent automotive analyst hired by the association to do the study, which polled 75 dealers, automakers and buyers. Timothy Kool, who owns two GM dealerships in southwest Michigan, said GM is evaluating his dealerships and deciding whether he can keep the floor tile he installed nine years ago. Though the tile is the right color, its dimensions don’t meet GM’s specifications for upgraded facilities. “It’s frustrating,” Kool said. “There’s not one bit of evidence that because my tile is the same as other dealerships, my sales will improve.” GM isn’t the only carmaker asking dealers to upgrade their facilities. Ford Motor Co. said last week that 75 of its Lincoln dealers have already done major renovations of their facilities, and more have agreed to future upgrades.

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How Brady, Manning Stack Up Off The Field

February 4, 2012

New England Patriots quarterback Tom Brady and New York Giants quarterback Eli Manning gathered impressive stats to guide their teams to Sunday’s Super Bowl. But what about their financials? Huffington Post Business compared three key assets — real estate, endorsements and salary — to determine a winner. (Hint: It’s the three-time Super Bowl champ with the supermodel wife. But as they might be saying in New York, who’s counting?) Our super disclaimer: Reported figures do vary, and endorsement estimates do not include hidden incentives and player performance bonuses. Other real estate transactions may have occurred without being publicized. This isn’t science; it’s the Super Bowl.

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Occupy Oakland Activists Report Inhumane Conditions During Jail Stints

February 4, 2012

WASHINGTON — Alyssa Eisenberg just wanted her multiple sclerosis medication that she uses to allay fatigue and help her with concentrate. A member of Occupy Oakland, she had been caught up in last Saturday’s police kettling and transferred to the Santa Rita jail. Police refused to let her keep her meds, which she takes a few times a day, she said. Once inside, a guard dismissed her distress, she said, telling her, “It doesn’t look like you’re having a medical emergency.” Eisenberg, 44, who claims she was arrested without warning, spent 18 hours in the Santa Rita jail. Before her release, the guards told her she could get access to her medication only if a nurse observed her for a few hours, she said, adding that they implied that if she took them up on the offer, her release would be delayed by a day. “It was so frustrating trying to understand what was going on,” said Eisenberg, who became disoriented during what had already been a cramped, chaotic ordeal. “That’s the part that stuck with me,” she told The Huffington Post. “That’s because they didn’t give me my medicine.” In the wake of last Saturday’s police actions, Occupy Oakland and city officials are going through the now familiar routine of rounds of outrage expressed by all sides. But this time, the investigations won’t end with tracing the last tear gas canister fired and last activist led away in plastic cuffs. The controversy extends to what occurred inside both the Santa Rita jail and the Glenn E. Dyer Detention Facility. Activists like Eisenberg allege a range of misconduct, from denial of critical treatment to inhumane conditions. None of the protesters interviewed by Huff Post were part of the unruly events that took place in Oakland that night, including a flag-burning and vandalism to city hall, they said. Dan Siegel, Mayor Jean Quan’s former adviser who quit her administration over her handling of Occupy Oakland’s eviction in October, said incarcerating the activists violated state law. “What is outrageous is that (1) people were jailed all weekend instead of cited and released as required by California law,” he wrote in an email to HuffPost. Siegel noted that some activists were charged with burglary for trying to escape the mass arrest by running inside the nearby YMCA building. “Burglars generally enter to commit theft,” he wrote. “At most, they trespassed. People say they were invited in, so there was no offense at all.” Rachel Lederman, an Oakland civil rights attorney with the National Lawyers Guild , told HuffPost she’s received reports that some of the activists had been cuffed and left on the police buses for as long as six hours without access to a bathroom. One woman, she said, reported nerve damage in her hand. Lederman said that once inside, the activists claimed to be some crammed into shower rooms with no beds, no blankets, no heat and not a single chair. Quan’s office deferred a request for comment to the Oakland Police Department. The department did not answer the request. Sgt. J.D. Nelson , the spokesperson for the Alameda County Sheriff’s Department, which oversees the Santa Rita and Dyer facilities, did admit to HuffPost that the jail cells were crowded and some services might have been slowed. Santa Rita took in more than 250 protesters, while Dyer received 110. The arrestees were not denied care, Nelson said. “Everybody that comes in sees a medical staff,” he explained. “Our job and our issue is that people come in and make all kinds of claims. We have to verify those claims before handing out medication. You can’t just take everything at face value.” If conditions were tough at Santa Rita, Nelson said, it was because police decided to divert more arrestees to that facility after Occupy activists attempted to block the entrance to Dyer. Sean Keaveny, 32, told HuffPost the sign in his cell listed capacity at seven inmates. As many as 20 were crammed inside, the water fountain did not work and the cell went without toilet paper for as long as 12 hours, he said. Keaveny said the guards were constantly moving people in and out of cells, one of which contained at least 50 activists. There was no toilet paper and the only water they had access to was scalding, he said. “We requested water for hours and hours before we gave up.” “I saw a gentleman with HIV who was asking again and again for his HIV medications,” Keaveny said. Every time a guard would walk by, the man would ask for his meds; eventually, Keaveny and others joined in, he said. At one point, they began kicking against a door to get the guards’ attention, Keaveny said, adding that the man never got his HIV meds. Noah Zimmerman, 31, remembered hearing activists chanting for some assistance for the activist with HIV. Michael, 21, who did not want his full name used, remembers the HIV-positive man asking for his meds as well. Sgt. Nelson did not recall a specific issue with an HIV-infected activist. “Just because somebody comes in and says they need HIV meds, we’re not just going to start handing out HIV meds,” he said. Salon reported that there may have been one other HIV-positive activist who was denied medication. Michael told HuffPost that at one point, women nearby began chanting for a medic since a protester had gone into a diabetic seizure after not getting enough food. “They were screaming for a medic, going ‘medic! medic! medic!’ and banging on the door,” he said. “That happened many times.” Activist women demanded sanitary napkins for an inmate who had her period, Keaveny recalled. “They were singing the entire time, chanting, banging,” he said. “They slammed and banged and demanded tampons for hours. It took hours for them to get a roll of toilet paper.” Keaveny was incarcerated until Wednesday at 5 a.m. He claimed that he never had access to a lawyer, had his Miranda rights read, or was given a prisoner ID. “What we endured in Santa Rita is suffered every day by millions of inmates in the United States prison system.” Activists said they endured similar conditions at Dyer. Courtney Wentz, 31, a preschool teacher who served as a medic on the march before being snared in the mass arrest, said she got placed in a 10-foot-by-10-foot holding cell with more than 20 other inmates. During one inmate count, a guard went around and threw out all the food they had just been given, Wentz. Matt Smaldone, 37, said he was placed in a shower room for seven hours. “One guy had a broken wrist,” Smaldone said. “He kept asking for assistance. He didn’t get looked at until 8 a.m. They gave him like wrap with an ice pack.” Smaldone said others with injuries were placed in isolation.

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Why California Cities May Lose Billions

February 4, 2012

This article comes to us courtesy of California Watch . By Kendall Taggart More than 400 redevelopment agencies were officially shuttered yesterday, leaving a trail of uncertainty – and a potentially staggering debt load. Across the state, cities and counties have loaned more than $4 billion to their redevelopment agencies over the past few decades, but according to the law governing how agencies will be dissolved, they may not be able to recover that money. Until the Department of Finance reviews each agency’s plan to pay off existing debts and obligations in late April, it is unclear how much of the money will be returned to cites and counties. That has put the city of Hercules – which has been footing some of its agency’s bills – in a tough spot. Ambac Assurance Corp., which provided financial guarantees for some of the redevelopment agency’s bonds, filed a lawsuit against the city on Monday, claiming the city had illegally transferred funds from its redevelopment agency into city coffers. The city’s redevelopment agency defaulted on a $2.4 million bond payment due yesterday. If Ambac wins its case, it could force the city into bankruptcy, said Steve Duran, Hercules’ city manager since October. (His declaration filed in the case is available here .) Despite the uncertainty about redevelopment agencies’ future, the city decided to cover the bond obligations in August. Because there is no chance the redevelopment agency will be able to fully cover its debt obligations from the share of property taxes it collects, Duran said the city cannot keep throwing money away. Cities around the state loaned money to their redevelopment agencies as a way to avoid the costs associated with borrowing from private investors. If the loans are voided, cities and counties might have to tap their general funds to make up for the money they expected from loan repayments. Many of these loans saved taxpayer money, said Dan Carrigg, legislative director of the League of California Cities. Subsidizing bond payments to keep an agency afloat is somewhat unusual, Duran said. “Some people will say you should never subsidize city redevelopment money with bond payments; it’s just something you don’t do,” he said. “In hindsight, people would say that, and I would say they’re probably right.” The Hercules Redevelopment Agency has been criticized in the past for misspending redevelopment money, including paying $38,400 to a lobbyist and giving six-figure mortgage loans to some employees of the city, according to the Contra Costa Times. The California Redevelopment Association and League of California Cities have been working with the Legislature to find a way that cities can recoup some of the money, but haven’t gotten much traction. “At a minimum, loans made prior to Jan. 1, 2011, prior to when all the dissolution discussion started to occur, should be recognized as valid and enforceable debt that should be repaid by the successor agency to the local government that made the loan,” said Jim Kennedy, interim executive director of the California Redevelopment Association. “There’s no reason that I’m aware of that would suddenly turn valid debt into worthless debt simply by virtue of state legislative action.” Kendall Taggart is an investigative reporter for California Watch, a project of the nonprofit Center for Investigative Reporting. Find more California Watch stories here .

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SEC Reaches Settlement With Former Qwest CFO

February 3, 2012

DENVER — The Securities and Exchange Commission has reached a settlement with former Qwest Communications International Inc. Chief Financial Officer Robert Woodruff over its civil fraud lawsuit. Woodruff agreed to settle without admitting or denying allegations that he and others gave investors a skewed impression of the company’s performance between 1999 and 2002, according to court documents. He would be ordered to pay a disgorgement of $1.7 million, interest of about $640,000, and a $300,000 fine under terms of a proposed final judgment. The SEC also has agreed to dismiss similar claims against former Qwest accountant Frank Noyes, with the parties bearing their own legal costs over years of litigation. “Mr. Woodruff is happy to put this matter behind him,” his attorneys John Carroll and Steven Glaser said in a written statement Friday. “After six long years, Mr. Noyes has been vindicated. Vindicated at last. This is how it should have ended,” Noyes’ attorney, Forrest Lewis, said in an email. A phone message left at the SEC office in Denver wasn’t immediately returned. Woodruff and Noyes were the last remaining defendants in a lawsuit the SEC filed in 2005 accusing former Qwest executives and employees of fraud or insider trading. Some defendants had claims against them dismissed while others, including former Qwest CEO Joseph Nacchio, reached settlements. The lawsuit was filed months after Qwest agreed to pay $250 million to settle SEC allegations of “massive financial fraud.” Nacchio settled with the SEC after he was sentenced to five years and 10 months in prison for insider trading convictions in a criminal case. His criminal sentence also ordered him to pay $63.6 million in fines and forfeitures. The SEC had alleged Woodruff misled investors by not specifying how much of the company’s revenues were from one-time sales and how much was recurring. Noyes was accused of helping Qwest improperly record revenue for a quarterly period ending Sept. 30, 2001, by backdating a contract that was signed Oct. 1, 2001. Noyes’ attorney had said the deal was essentially done late Sept. 30, 2001, but was signed a few hours after midnight. CenturyTel Inc. completed its purchase of Qwest last year. ___ Online:

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Woman Sues Honda Over Gas-Guzzling Car, And Wins

February 3, 2012

Honda presented misleading information to the owner of a 2006 Civic Hybrid when it claimed the car could get as many as 50 miles per gallon, according to a legal ruling issued Wednesday. Heather Peters, a Los Angeles resident, said her Civic achieved far less than that, and sued American Honda Motor Co. in Los Angeles Small Claims Court.

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Bruce Judson: Seven Questions Begging to Be Answered Before a Foreclosure Settlement Is Reached

February 2, 2012

Tomorrow is the deadline for state attorneys general to sign on to a joint federal and multi-state $25 billion settlement of the robo-mortgage scandal. The settlement will involve Ally Financial Inc. (formerly GMAC), Bank of America Corp., Citigroup Inc., J.P. Morgan Chase & Co., and Wells Fargo & Co. The details of the proposed settlement have not been released. However, one thing is clear: This settlement puts the nation at further risk of another systematic financial crisis and runs counter to any notion that the actions of the Obama administration will reflect the president’s newly energized populist rhetoric. As a nation, we need to ask several questions. As a participatory democracy, we also have the right to the answers before any settlement is inked: 1. In his State of the Union Address, President Obama announced a new financial crimes taskforce , yet the administration is rushing to finalize this settlement before the taskforce begins its work. Why? 2. What is the public interest in releasing banks that have openly admitted they broke the law by signing false affidavits in tens of thousands of separate instances from liability? 3. The bank narrative has been that the robo-mortgage scandal reflected technical issues which harmed no one . Recently, new allegations have emerged that suggest these activities were actually the back-end of even greater malfeasance involving tax evasion, the failure to comply with basic rules in securitizing mortgages, and an attempt to avoid high liabilities on the part of the banks to the purchasers of the mortgage bonds. These allegations operate as follows. First, as Yves Smith at Naked Capitalism explains, it appears the specific mortgages which were the assets comprising the securitized bonds were never actually transferred to the bonds, within the required time period (90 days under New York law). By way of background: remember that the big concern about the release was that it would go beyond robosigning and waive other types of liability. The ones observers were most concerned about were what we called chain of title issues, namely that the parties that had put mortgage securitizations together had failed on a widespread basis to take the steps stipulated in their own contracts to transfer the notes (and in lien theory states, to assign the lien) properly. The securitization agreements were rigid, requiring that the transfers through multiple parties be completed by a date certain, typically 90 days after the closing of the trust. Most deals elected New York law as the governing law for the trusts, and New York law allows them to operate only as stipulated. Since the notes were supposed to be transferred in by a particular date, trying to move them in later is a “void act” having no legal effect. That makes attempts to make transfers legally at this juncture a non-starter. Having realized somewhat late in the game that their failure to do what they promised could interfere with trusts’ ability to foreclose and create tons of liability, servicers and their various agents have relied on not just robosiging, but widespread document fabrication and forgeries to fix their transfer problem when judges have taken notice. Anyone who has been on this beat knows of numerous cases where foreclosure documents are challenged, say for being too late, not having the right transfers, etc, that new versions of supposedly original documents that tell the right story miraculously show up in court. Second, Ellen Brown, the President of The Public Banking Institute, explains the implications of this failure to abide by the 90 day deadline: Since 1986, mortgage-backed securities have been issued to investors through SPVs [Special Purpose Vehicles] called REMICs (Real Estate Mortgage Investment Conduits). REMICs are designed as tax shelters; but to qualify for that status, they must be “static.” Mortgages can’t be transferred in and out once the closing date has occurred. The REMIC Pooling and Servicing Agreement typically states that any transfer significantly after the closing date is invalid. Yet the newly robo-signed documents, which are required to begin foreclosure proceedings, are almost always executed long after the trust’s closing date. Third, as Brown also notes, the liabilities associated with a failure to transfer the documents on time came to head when : Fannie Mae sent out a memo telling servicers that in order to be reimbursed under HAMP–a government loan modification program designed to help at-risk homeowners meet their mortgage payments–the servicers would have to produce the paperwork showing the loan had been assigned to the trust. Brown believes that, as a result, The hasty solution was a rash of assignments signed by an army of “robosigners,” to be filed in the public records This explains why, as noted by Brown above, “the newly filed robo-signed documents” are “almost always executed long after the trusts closing date.” All of this is undoubtedly highly complex. And, I am not in a position to investigate whether it is true. However, the implications of these assertions are grave. If the mortgages were knowingly assigned to the REMICS after the closing date, then the tax benefits of the REMICS appear to be invalid. If so, these transfers appear to represent tax evasion by the banks. As part of an ongoing scheme, they also constitute, in all likelihood, conspiracy and fraud on the bond purchasers. With regard to the bond purchasers, as Yves Smith notes above, the failure to adequately establish the trusts created “tons of liability” for the banks to these purchasers; since the banks then effectively misrepresented the nature of the bonds they were selling. At the moment, the important question here is not whether these allegations are true. What’s important is that their appears to be enough evidence to warrant at least a minimal investigation of these astounding assertions–which suggests that a large part of the robo-mortgage scandal was the back-end of potentially serious criminal activities and an attempt to evade enormous liabilities. In all likelihood, tomorrow’s settlement means these serious questions will never be answered. If we are a nation where justice is blind, should we not investigate the full truth before we give the offending financial institutions another free pass? 4. Why are the terms of this settlement secret? Prosecutorial negotiations are normally secret in order to prevent the disclosure of evidence that might or might not be relevant to a later trial if the negotiations collapse. This concern does not apply here. 5. This settlement has far more of the characteristics of legislation than of prosecutorial activities. The offending banks have destroyed the wealth, livelihood, and dreams of millions of Americans. Shouldn’t the public at least have two weeks to view the proposed terms of the settlement and make their views known to their state’s attorney general? And at a time when trust in government is at historic lows, isn’t secrecy for this type of activity the wrong way to build the much-needed confidence of the American people? 6. The press also has a constitutionally guaranteed role in our system of governance. In these unusual circumstances, isn’t this precisely the type of situation where the nation would benefit from careful scrutiny of the intended settlement by the press? 7. Officials have indicated that the settlement will require banks to write down the principal on homeowner loans. Unfortunately, a portion of the $25 billion allocated for this purpose is far too little, spread across a large number of homeowners, for any write-downs to make an effective difference. So either these statements are effectively meaningless, or the settlement is based on promises of future activities by banks. To date, the nation has witnessed repeated and egregious failures by the banks to live up to promises of future behavior, with no subsequent penalties for such failures. For any release from liabilities to be effective, shouldn’t it be contingent on the banks actually delivering on these promises? Since the start of the economic crisis, none of the administration’s housing policies have succeeded. Each policy initiative has been fatally flawed. As a consequence, there’s no reason to believe that the policy pursued in the current settlement will aid, rather than hurt, the housing market. Meanwhile, the secrecy surrounding this policy initiative makes its potential positive contribution to the crisis even more suspect. A month ago, I wrote that we were a nation in denial with regard to housing prices and the impact of ongoing foreclosures. Despite a favorable rent to buy ratio , ultra-low interest rates and an “all time low cost of owning a home,” housing prices are continuing downward . There is a simple explanation. With foreclosures and the so-called shadow inventory of homes, our housing supply will overshadow demand for many years to come. With 29 percent of homeowners already underwater, this creates a massive risk for the economy. Some analysts predict that home prices will drop another 10 to 20 percent, which will put many borrowers deeply underwater. With additional price declines, underwater homeowners may start to simply walk away in droves. This will create havoc for our economy, the mortgage securities markets, and it will destroy solvency of the banks as they are forced to write-down their portfolios. The nation will be plunged into another economic crisis. Unfortunately, all indications over the past several weeks are that this risk is continuing to grow. Indeed, the most recent reports on housing prices showed larger than expected declines in November. This reflected the third month in a row of declines. “The trend is down and there are few, if any, signs in the numbers that a turning point is close at hand,” said David M. Blitzer , chairman of the S&P’s home price index committee. In his State of the Union speech, President Obama stressed assistance for “responsible homeowners.” Yet the current definition of a responsible homeowner is someone with a job. (Although yesterday the president did say , “We’re working to make sure people don’t lose their homes just because they lost their job.” ) So, at least for the moment, continued unemployment woes will keep this vicious cycle going. Here’s how this relates to the proposed settlement: All of the activities covered by the settlement took place after the crisis began. They were not unforeseen effects of once-in-a-lifetime systematic risk. They reflected willful and knowing disrespect for the rule of law. To date, documents provided by the banks to the Courts, as well as accompanying testimony, demonstrate that laws were broken on a massive scale. The essence of capitalism is responsibility and accountability. The settlement ignores both. (See the letter below from a Michigan County official asking the Michigan Attorney General to “refuse” to join the settlement) In 2010, Richard Cordray, then Ohio Attorney General, sued GMAC seeking a $25,000 fine for each false affidavit filed. Now, the open question is what is the potential liability of the banks, absent a settlement, for the robo-mortgage activities. The banks desire to settle at $25 billion is one indicator that their actual liability is probably far higher. My suspicion is that the total liability, including all punitive damages for criminal and civil malfeasance, would be sufficient to make the banks insolvent. This means that, because of the banks’ malfeasance and greed, the nation has the leverage to bargain for a massive write-down of mortgages — thereby preventing an economic catastrophe. I am not advocating this option, nor am I saying it is good policy. But I do believe it would be a scandal to limit whatever leverage we have to save our economy by once again permitting gross malfeasance. In late May, my eldest daughter will graduate from college and join the labor force. Will there be jobs for her and her classmates? Will she come of age in a decade of limited employment opportunities , the collapse of the middle class , and unequal justice while a privileged few live lives of abundance because they have corrupted our democracy? As someone who reveres our system of justice, what is the advice I should give her about working hard and playing by the rules? There is still a chance that we can turn all of this around. But rushing to settle with law-breaking banks is certainly not the way to solve the issue of inequality — which President Obama called the defining issue of our time . It is also the antithesis of capitalism, which is based on adherence to law, a fair bargain, and accountability. This article originally appeared as part of the Restoring Capitalism series, of the New Deal 2.0 blog, a project of the Roosevelt Institute.

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Homeless Local Graffiti Artist Set To Make $200 Million From Facebook IPO

February 2, 2012

If we have learned anything from this week’s IPO announcement, it’s that it’s good to bet on Facebook. Since the company announced its decision to go public on Wednesday , Facebook employees and early investors must be bouncing off the walls over staggering reported earnings. (Mark Zuckerberg’s reported pull? $28.4 billion with a B .) But our favorite member of the Facebook IPO instant millionaire club is undoubtedly homeless San Jose graffiti artist David Choe. (SCROLL DOWN FOR VIDEO) Expressing brilliant foresight, Choe reportedly opted for stock options instead of payment in 2005 for covering the walls of Facebook headquarters with spray-painted murals. (Check out the video below for baby 20-year-old Zuckerberg spray-painting stick figures.) Since then, Choe has been homeless, “wandering the earth, making good art and bad music,” according to his website . The sum the art-school dropout stands to make come May: a cool $200 million. On his blog , Choe expressed his excitement and disbelief over the news: “F*ck, have you had the dream where you ARE this guy?!? And then some kind of happy accident happens, and as you’re in the middle of this glorious car crash you stop to realize that there is actually no such thing as an accident, and no chance encounters, and that everything has a direct purpose? then I get up and see my picture on the cover of the New York Times and I find out that I’m the most highest paid decorator alive.” According to Daily UK Mail , Choe was asked to paint the Palo Alto offices and was given a payment option by then-President Sean Parker: a few thousand dollars or the equivalent in stock options. According to the New York Times , Choe originally thought the idea of Facebook was “ridiculous and pointless,” but he fortunately still chose the latter. “Always double down on 11,” said Choe in his art book, quoted by the Times . “Always.” In fairness, Choe’s living situation may be more of a personal choice than a financial one. (Choe’s work is a regular fixture at San Francisco’s Upper Playground and is displayed in major museums.) But we can only imagine what Wednesday morning must have been like. Check out Choe and Zuckerberg spray-painting the Facebook headquarters in this 2005 video:

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Mayor Bloomberg Unveils Budget Without Layoffs

February 2, 2012

By Joan Gralla Feb 2 (Reuters) – New York City Mayor Michael Bloomberg on Thursday unveiled a $68.7 billion preliminary budget, closing a $2 billion gap without raising taxes or laying off teachers or uniformed workers. “We will spend less in virtually every area except schools” in fiscal 2013, Bloomberg said in a televised address that stressed the urgency of slicing soaring pension costs while continuing to make the long-term investments that keep the city safe and growing. The mayor, a political independent now in his third and final term, has regularly demanded that city agencies “do more with less,” and the new budget plan is partly balanced with $1 billion of cuts he ordered in November. Bloomberg, who took office in 2002, says his 11 rounds of spending cuts over the last few years have not impaired the quality of city services. “It would be pretty hard to find many agencies that are not doing a heck of a lot of a better job than they did in 2002,” he said. Some non-uniformed workers likely will be laid off under the proposed budget, he said, adding the vast majority of the 20,500 positions reduced since 2002 were achieved through attrition. The city’s tax revenue is slowly recovering from recession lows, but the mayor is wary of overly optimistic forecasts. “The uncertainty of our economy demands our vigilance,” he said. New York City likely will only get an extra $111 million in the current fiscal year, he said, while revenue should rise $278 million the following year. “We expect the recovery of all the jobs lost in 2008 by the end of 2012,” Bloomberg said. The city-funded $50.7 billion part of the budget plan is down 1.9 percent on a year-over year basis. The remainder of the budget, funded by the state and federal governments, will rise by $2 billion. (Reporting By Joan Gralla)

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Cautious outlook for real estate in 2012

February 2, 2012

(MENAFN – Arab News) Macro-economic and political landscape uncertainty suggests that a cautious outlook for commercial real estate is likely to persist into 2012, according to a new report from …

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A Victory For Honda Civic Owners Everywhere

February 2, 2012

LOS ANGELES — A Southern California woman who challenged the legal status-quo by filing a small-claims action against Honda won her lawsuit Wednesday when a judge ruled that the automaker misled her about the potential fuel economy of her hybrid car. Los Angeles Superior Court Commissioner Douglas Carnahan awarded Heather Peters $9,867 – much more than the couple hundred dollars cash that a proposed class-action settlement is offering. “At a bare minimum Honda was aware … that by the time Peters bought her car there were problems with its living up to its advertised mileage,” Carnahan wrote in the judgment. Peters, a former lawyer, said she is now renewing her legal license after a 10-year lapse so she can represent other Honda owners who have the same problems she did. “Wow! Fantastic. I am absolutely thrilled,” she said when The Associated Press informed her of the judge’s decision. “Sometimes big justice comes in small packages. This is a victory for Honda Civic owners everywhere.” Honda hadn’t seen the decision Wednesday afternoon but planned to issue a statement after it was reviewed, said spokesman Chris Martin. Carnahan included in his 26-page decision a long list of misleading representations by Honda that he said Peters had correctly identified. Among them were that the car would use “amazingly little fuel,” “provides plenty of horsepower while still sipping fuel,” and that it would “save plenty of money on fuel with up to 50 mpg during city driving.” “Actual performance of plaintiff’s vehicle did not live up to these standards,” he said. He noted that when she began receiving much less than the advertised mileage, “she knew she had a problem.” Peters opted out of the class-action lawsuit so she could try to claim a larger damage award for her 2006 Honda Civic’s failure to deliver the 50 mpg that was promised. The proposed class-action settlement would give aggrieved owners $100 to $200 each and a $1,000 credit toward the purchase of a new car. Legal fees in the class action would give trial lawyers $8.5 million, Peters said. In small claims court, there are no attorneys’ fees, cases are decided quickly, and individual payments are far greater. Peters had hoped to inspire a flood of small-claims lawsuits by the other 200,000 people whose Honda Civic hybrids are covered by the proposed settlement. If all 200,000 owners sued and won in small claims court, she said, it could Honda Motor Co. $2 billion. Peters launched a website, DontSettleWithHonda.org, and said she was contacted by hundreds of other car owners seeking guidance on filing small claims lawsuits if they opted out of the class-action case. But legal experts say it’s unlikely that many owners would take the small-claims route because of the time and energy involved in pursuing such lawsuits. Carnahan held two hearings on Peters’ claim in January. The commissioner noted that Honda had argued the way a car is driven might affect its gas mileage. He said that should have been explained in advertising and elsewhere. A Honda technical expert testified that the company was required to post a sticker with the Environmental Protection Agency’s estimate of the highest mileage the car could get. But Carnahan said in his ruling that “this does not seem to be the case.” “Honda’s own testing should be the guideline for how it advertises its vehicles’ mileages, not the generalized work … done by the EPA,” he said. “Can a Honda hybrid driven in careful and tested ways achieve 50 mpg? No doubt. Did it happen with Peters’ car? No.” The ruling harshly criticized Honda on several points, including misrepresentations about a software update that was represented as a cure for the mileage problems. Peters said it just made the situation worse and she could no longer get more than 30 mpg in the car, which she still owns. Carnahan found that Honda did commit fraud, but he could not find intentional fraud and thus did not award punitive damages. Most of the damages Peters was awarded were for extra money spent on fuel, both in the past and future, the cost of the car battery, and the decrease in the car’s value because of its problems. A judge in San Diego County is due to rule in March on whether to approve Honda’s class-action settlement. Members of the class have until Feb. 11 to accept or decline the deal. Small claims courts generally handle private disputes that do not involve large amounts of money. In many states, that means small debts, quarrels between tenants and landlords and contract disagreements. The limit for small claims damages in California is $10,000. In other states it ranges from $2,500 to $15,000.

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Robert Teitelman: Christopher Whalen and the Bet on Small Banks

February 1, 2012

The New York Times ‘ DealBook offers a jolly sendoff to Christopher Whalen , the analyst at Institutional Risk Analytics who has been predicting the downfall of the big banks for a number of years now. For a while there, Whalen was ubiquitous, testifying in Congress and getting widely quoted in the financial press. Now he’s making the move of other analysts tossed aloft by the crisis for their bearish calls — Meredith Whitney and Nassim Taleb in particular — by putting his money (or rather investors’ money) where his mouth is: He’s setting up a fund to invest in smaller banks at Tangent Capital Partners. Who knows? Whalen may turn out not only to be prescient, but to be an excellent stock picker as well. Still, there is a big difference between his critique of the big banks as an analyst — driven initially by his belief in the dangers of subprime, then, more recently, by his argument that continuing mortgage losses and endless litigation would force a breakup of the big banks — and his championing of smaller banks and traditional banking practices. There’s no doubt that the big banks, particularly Bank of America, are under great stress stemming from the real estate collapse. But the argument that as a group — including J.P. Morgan Chase & Co., Wells Fargo and Citigroup — they will be broken up depends on two articles of faith: that the mortgage crisis, and its backwash of litigation, is still far greater than consensus estimates and that the forces of re-regulation will eventually resolve too-big-to-fail by carving up the banks. Currently, neither of those possibilities seems at hand, at least in the near future. Besides, if a still-hidden mortgage cancer does erupt, it will upend smaller banks as much as the big boys. And a move to break up the big banks, presumably by reprising a form of Glass-Steagall split between commercial and investment (or merchant) banking would not directly help smaller banks. The fact that the Volcker Rule, just about the only structural remedy in Dodd-Frank, is mired in criticism, including from our closest allies like Europe, Canada and Japan, as Andrew Ross Sorkin notes today , suggests how difficult it will be to do something more draconian. But let’s get very basic. The question raised by Whalen’s move is: How profitable can traditional commercial banking be? Historically, the cries for deregulation and M&A-driven consolidation in banking began in the ’80s when bigger banks began to complain about disintermediation, that is, the business lost to a variety of new, deregulated competitors such as mutual funds and investment banks. The cost of banking was increasing and profits were falling. Traditional bank products, from mortgages to commercial loans, were getting squeezed. Regulation made any kind of response difficult. And talent was flowing toward firms and funds that could pay a lot more than traditional commercial banks. The breakdown of Glass-Steagall is often blamed on greed, free-market ideas or the rise of shareholder value (in an interview with Bill Moyers this weekend, former Citibank CEO John Reed blamed it all on Sandy Weill’s belief in shareholder value, although it began many years before Weill came near to banking or convinced Reed to merge his bank with Travelers); while all of those factors were at play, the underlying debility of traditional banking as a business was a harsh reality that explains all kinds of disasters, from the LDC loan debacle (led by Walter Wriston’s Citi), to the S&L crisis to the first stages of consolidation and the breakdown of the regional compacts (it may also explain Reed’s own brush with a lending disaster at Citi in the early ’90s, which he engineered without Weill). In the ’90s, the old J.P. Morgan & Co. launched the most dramatic attempt to escape what it viewed as the trap of traditional commercial banking: its long march to build an investment banking operation, first in Europe, and then with the Federal Reserve incrementally deregulating, in the U.S. under Section 20. J.P. Morgan ended up getting swallowed by Chase Manhattan in 2000. The rest of this history has been told often enough. The point here is that in a globalizing, increasingly technological industry operating in a national market and made up of public companies with performance-driven shareholders, making the kind of money necessary to drive a share price in commercial banking is very tough. It’s the reason so many banks sell out to bigger rivals. Has anything changed in this regard since, say, the mid-’90s? Certainly, technology has grown cheaper and more standardized. But that simply levels the playing field, further commoditizing traditional banking products. Disintermediation still remains. There are fewer banks, it is true, but compared to other developed countries, there remain a lot of them; it’s a very competitive business. Worse, the Internet further reduces any chance for a local bank to control its own territory. Smaller, local banks may have a better understanding of local markets, though historically, whether in the S&L debacle or the mortgage crisis, smaller banks collapse in larger numbers than their bigger (yes, protected) brethren. Particularly when it comes to real estate, familiarity with local conditions and a desire to serve local customers may lead to a kind of hubris. The bottom line: It’s brutally difficult to make much more than a decent living in a traditional bank, no matter the nostalgia for It’s a Wonderful Life or your disdain for the plutocratic ways of the big banks. Unless we somehow reduce the relentless power of disintermediation, not to say TBTF, economies of scale and the Internet, smaller banks will resemble the always-endangered, much-romanticized family farm. The personal touch is nice, but it’s an uphill battle economically, particularly when the weather shifts. Does that mean Whalen is fated to fail? Not necessarily. There are thousands of banks out there, big, medium-sized and tiny, and that offers a diverse field for a stock picker with deep knowledge. Bank consolidation remains a reality below the top banks, which can be played betting on buyers (including a few private equity firms) or sellers. There are undoubtedly some superbly run smaller banks, though they’d probably be among the consolidators if they don’t get taken out. What Whalen’s move doesn’t say is that traditional banking is about to make a comeback, even if the big boys get shattered into a hundred pieces. Traditional banking is a difficult, commoditized service business, shorn of products that make fat profits. That’s the reality that no one ever speaks of when they cry out to revive Glass-Steagall or when they wax poetic about the joys of small-town banking. Robert Teitelman is editor in chief of The Deal magazine.

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Ex-Credit Suisse Trader Pleads Guilty To Misleading Investors During Financial Crisis

February 1, 2012

NEW YORK — A former London-based Credit Suisse managing director pleaded guilty Wednesday and agreed to cooperate in a federal probe of trading of sub-prime mortgage securities, admitting that he falsified the books to enhance his standing in his company and his year-end bonus as the housing market collapsed. David Higgs pleaded guilty in Manhattan to a charge of conspiracy to falsify books and records and commit wire fraud, which carries a potential maximum sentence of five years in prison. “Today is a terribly difficult day for me and my family. I am truly sorry for what I’ve done,” Higgs said. The defendant said he falsified records to enhance his job performance, which resulted in higher bonuses. Others expected to be charged in the probe – which focuses on activities in 2007 and 2008 – have not been identified publicly. Authorities said another person was in custody Wednesday, facing the same charge. The probe centers on exaggerations brokers made about the value of subprime mortgage securities. Authorities say brokers enticed investors to pour money into the securities market for sub-prime mortgages by making the market sound healthy. Higgs said his crime began in 2007, when the real estate market began to deteriorate in the United States and the valuations of mortgage-backed securities faced significant reductions. The ensuing sub-prime mortgage crisis fueled the financial meltdown in the fall of 2008 that pushed the U.S. into the most severe recession since the Great Depression of the 1930s. Higgs said a rising rate of mortgage delinquencies meant that the value of the securities backed by the mortgages decreased. “Rather than mark these securities down to market as we were required to do,” he said, Higgs and others manipulated and inflated the cash bond position markings of a trading book to hide losses in the book and meet monthly profit-and-loss objectives. He said the manipulations led senior management at Credit Suisse to get the false impression that the securities were profitable and caused the investment firm to report false year-end numbers for 2007 in their books and records. “I did this because I wanted to remain in good favor with my boss … and enhance my job performance,” Higgs said. Questioned by Judge Alison Nathan, Higgs said enhanced job performance would result in higher year-end bonuses. Higgs will remain free on $500,000 bail and will be permitted to remain in England while he cooperates with prosecutors. His lawyer, John L. Brownlee, declined to comment. Federal regulators have brought civil charges against several big Wall Street firms accused of misleading investors about securities linked to risky mortgages in the years leading up to the financial crisis. The biggest settlement of the Securities and Exchange Commission’s charges was with Goldman Sachs in July 2010. The firm agreed to pay $550 million.

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Police Clash In Oakland Inspires Solidarity And Debate In Occupy Movement

January 31, 2012

After the Occupy movement started last fall, Michele Horaney, a public relations consultant who lives in Alameda, Calif., joined a small local group of activists who called themselves the 99 Percent Solution. Horaney was excited about the burgeoning movement, but she and the others in her group said they felt its real mission — addressing the problems of Wall Street greed and economic inequality –- was getting lost in all the noise about police brutality, arrests, and the right to camp out in public parks. Intent on bringing more attention to economic issues, the group took out a full-page ad in the San Francisco Chronicle criticizing super PACs and proposing a solution to economic inequality that involved increasing taxes on the wealthy and cutting government spending. There were reasonable solutions to the problems at hand, Horaney believed. The challenge would be getting Americans across a wide range of views and backgrounds to support them. So when Horney’s neighbors in Oakland entered City Hall this weekend, trashed a historical model of the building and burned a flag on the lawn, Horaney was disappointed. Violence, she said, casts “a real cloud on the efforts of everybody else, and that’s very, very difficult to accept. I hope there are people who are still out there who don’t use this as a reason to just give up on the movement.” The violent scene in Oakland grabbed media attention at a time when the Occupy movement has mostly slipped from the spotlight, and it has triggered a wide range of reactions within the movement, from disappointment to sympathy to a call for solidarity. To begin with, there’s disagreement over what exactly happened. “The dust hasn’t settled on this yet,” said Bill Cobbs, a member of the media committee in Occupy Wall Street. What’s known is that the police reacted swiftly after protestors attempted to take over a vacant city building on Saturday in hope of both turning into a community center and making a statement about the foreclosure crisis. The police blocked them from entering the building, fired tear gas and made more than 400 arrests. Amidst the commotion, protesters broke into City Hall (some say the door was left open) and trashed some property. In New York, said Dobbs, there was a feeling among some that the protesters brought the harsh police response upon themselves. But others have argued that the police force was so disproportionate to the protesters’ actions that it constituted a police riot, he said. “In general,” said Cobbs, “the question of how aggressive to be is a matter of ongoing debate, because the default is usually vote or put your feet up, and anything beyond that sends up sparks.” Graham Feller, a member of Occupy Atlanta, said that he and his associates were generally supportive of the Oakland protesters and, after looking at the YouTube footage, came to the conclusion that “the police had oppressed them and not the other way around.” But he added that the militant nature of the Occupy scene in Oakland sets it apart from its Atlanta counterpart. “I think people here would have handled it differently based on different historical events. People here admire Martin Luther King and non-violent tactics. I think that’s the staple of resistance here. I don’t the oppression is different but I think the reaction to the oppression is different.” Indeed, as Feller suggested, Oakland has long stood out as a place where activist movements and the police response to them have run to violent extremes. Oakland had some of the highest rates of violent crime of any city in 2011, averaging three shootings daily, according to the police chief, Anthony Batts — and the police force has stretched itself thin. Mix that with a West Coast, left-wing culture that tends to be more angry and radical than its equivalents elsewhere, and the results can be disastrous. In 2003, Oakland police fired wooden pellets and rubber bullets at demonstrators at an anti-war rally and badly injured several protestors and bystanders. After Saturday’s clash, protesters in some 25 Occupy groups organized solidarity marches. Among them was Eli Feghalia of Boston, who watched the events in Oakland unfold while meeting with a group of New York occupiers who’d stopped in Boston on a tour of the Occupy cities of the Northeast. Together, the Boston and New York occupiers called other Occupy members around the country and organized their “multicity Occupy response.” The Boston march drew over 100 people, Feghalia said. “They were trying to take their energy and do something positive for the community,” said Feghalia of the Oakland protesters. “And the state responded by defending the rights of the 1 percent over needs of the many. I think all of the occupations around the country can relate to that.”

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Zoo Wants CareerBuilder To Stop Using Chimps In TV Ads

January 31, 2012

CHICAGO — A Chicago zoo is mounting a campaign to stop a company from airing a Super Bowl Sunday commercial featuring mischievous suit-and-tie wearing chimpanzees playing tricks on their human co-worker, saying all that monkey business proves deadly for the endangered species. Lincoln Park Zoo officials fear images of the frolicking chimps broadcast worldwide do little to help conservation efforts, inaccurately portraying the animals as unthreatened and even as cuddly and harmless pets. “If people see them that way they are less likely to try and conserve them,” Steve Ross, assistant director of the zoo’s Fisher Center for the Study and Conservation of Apes, said of the commercial that shows chimps laughing at a `Kick Me” sign on the human. “Individual chimps are being harmed and wild populations are being harmed by this frivolous use of an endangered species.” Ross said he and other animal welfare advocates have been complaining to CareerBuilder.com ever since the company started using chimps in Super Bowl commercials in 2005. But this year is different because he’s armed with a Duke University study that he says supports his longtime claims: Commercialized chimps dressed as people – even when running up big banana daiquiri bar tabs – makes viewers less concerned about the plight of wild chimps. “The argument they (CareerBuilder.com) make is it doesn’t matter how they’re portrayed, they are helping to protect them,” said Brian Hare, an assistant professor of evolutionary anthropology who led the study. “The opposite is true. These commercials are negatively affecting people’s decisions about how they support conservation.” CareerBuilder.com declined to comment on the study or any suggestion that the commercials put wild chimpanzees in danger. But in a prepared statement, the Chicago-based company said the “chimpanzee stars” were not harmed and that the American Humane Society watched the commercial being filmed to ensure the animals were “treated with respect.” Hare is particularly concerned about how a Super Bowl commercial – shown around the world – will persuade people in Africa, some desperately poor, to capture and sell the animals. “This advertisement teaches them there is a market for these animals, that there are some crazy people in America and Europe who would want them as pets,” he said. “Even if there isn’t a market, they think there’s a market.” And that, he said, could devastate the wild population of chimpanzees that has already dwindled from more than 1 million to about 100,000. Further, he and Ross said the message that chimps make good pets is a dangerous one, as was demonstrated in 2009 when a chimpanzee attacked a Connecticut woman, ripping off her nose, lips, eyelids and hands before being shot to death by police. Ross said he’s not optimistic that CareerBuilder.com will pull the ad before this year’s Super Bowl. “They already paid for this one,” he said, adding that the company has never responded to any of the letters he’s written them since 2005. In fact, in an effort to drum up publicity about the ad, the company sent another email to The Associated Press trumpeting the upcoming commercial starring “CareerBuilder’s beloved chimpanzees” that was back by “popular demand.” In that email, the company pointed to statistics that showed CareerBuilder.com business surged after previous Super Bowls and that its brand awareness also has grown dramatically. But, he said in an email, maybe his concerns will find an audience of its own that the response from “a wider segment of the public … is negative enough for (CareerBuilder.com) not to invest more money in extending the campaign with new ads.” Ross and Hare are encouraged by another conclusion of the Duke study: The commercials may not be all that effective. Contrary to Careerbuilder.com’s suggestion that the commercials helped their business, Hare said people who watched the commercials reported that they found commercials with chimpanzees less interesting than those that featured athletes, music and other things. That is not surprising to Peter Dabol, chief executive of Ace Metrix, a firm that rates the effectiveness of ads. “These kinds of slapsticky, kind of funny ads and these ads in particular, were relatively low scoring ads even though their likeability is high,” he said. “These (CareerBuilder.com) ads performed at the bottom of the pack of all Super Bowl ads,” he said. “That’s typical of what we see as pure humor, cheap laugh ads.”

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Timothy Pratt: Don’t Bet On Las Vegas

January 31, 2012

Nearly 1 in 7 Nevadans who bought homes between 2004 and 2008 are at least 60 days behind in their mortgage payments or entering foreclosure, according to a new report . That’s almost the same amount that have already been foreclosed on, meaning the state may only be halfway through its housing crisis. What’s more, only Florida has a higher share of mortgages that are “seriously delinquent” or in foreclosure, meaning Nevada’s unfortunate status as ground zero for the issue may last a while. Due to the complex relationship between underwater and foreclosed homes and unemploymen t, this issue goes beyond homeownership itself and is a drag on the overall economy. The report, “Lost Ground, 2011,” was prepared by the Center for Responsible Lending. It includes state-by-state analyses of mortgages taken on during the height of the nation’s real estate boom and not only looks at their current status, but breaks them down by race, ethnicity and income. It concludes that “the nation is not even halfway through the foreclosure crisis,” considering that 2.7 million homes have been foreclosed on, but 4 million more are inches from the same end. In that sense, Nevada is like the rest of the nation; the difference is in the share of mortgages. According to the report’s interactive map, the top five states in their share of mortgages at risk of foreclosure, are Florida, with 17.4%; Nevada with 13.4%; New York with 9.8%; New Jersey with 9.7%; and Mississippi with 9.6%. The map allows you to see where the problem might be heading, which isn’t necessarily where it’s been in all cases, as with Michigan, which has been near the top until now, but may fall into the middle in the near future. Nevada has led the nation in foreclosures for some time, so that may remain the case. Other findings include: – middle- to upper middle class homeowners are more affected by the housing crisis in boom areas like the Las Vegas Valley; and – Hispanics and blacks, particularly the former, are more likely to fall behind in payments and face foreclosure. The center also makes a series of policy recommendation s aimed at regulating the mortgage industry and protecting consumers. It seems these ideas may be lost in the months leading up to the elections, as debt and jobs fight for the spotlight and members of Congress fight each other. Timothy Pratt writes from Las Vegas, Nevada. This story was originally published in his blog, Back to Work . If you would like to contribute as a citizen journalist to The Huffington Post’s coverage of American political life, please contact us at www.offthebus.org .

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April Rudin: Can Crowdfunding and Social Networks Forge Ties to Kickstart the Economy?

January 31, 2012

Crowdfunding is yet another example of America’s pent-up demand to “crowd together” for daily deals via GroupOn, to ‘Like” and “Friend” people via Facebook, to content share by tweeting and re-tweeting on Twitter and so on. In this instance, the “crowd-sourced” buying power allows investors the ability to purchase stock and other securities tied to startups. This meet-up will occur via crowd-sourcing sites and social networks. It appears like a “win-win” for entrepreneurs looking for capital, investors seeking ways for investment transparency while simultaneously helping to kickstart our sluggish economy via bootstrapping startups with many smaller investors. It is hoped that a variety of new jobs will be created in this new investment sector. The U.S House of Representatives passed a bill last week known as HR2930 — the crowdfunding bill. It was championed by Rep. Patrick McHenry of North Carolina, a well-known conservative leader. I went to an event last week sponsored by The Soho Loft , where I had the opportunity to hear Rep. McHenry speak in person about the benefits of a new path to economic prosperity via this ecosystem. Nonprofits have used the crowdfunding platform successfully for many years. Under current laws, startups are not permitted to sell stock or other securities. They may only receive donations through crowdfunding sites . A key component of this investor platform lies in the outbound communications and social media marketing build-out for each firm. This was proven by the most successful nonprofits success through mass donor outreach. In each case, the outreach was fueled through a consistent and constant variety of social media messages pushed through platforms such as Twitter, Facebook, FourSquare and others. Nonprofits were among the early adopters of social media platforms as a way of creating visibility and raising money for causes. Success by the nonprofit sector has drawn the interest of startups. The eventual passage of this bill would propel the growth of sites like Kickstarter, Rockethub and others as new small-ish investors will clamor for access. It is expected that a significant number of entrepreneurs/startups will race to the market with a variety of products and offerings to help meet the demand. This outreach and deal matchmaking will happen on social networks such as Twitter and Facebook. Social media sites are the meet-up mechanism to connect sellers and buyers. Social media sites can then be used to promote these investments as long as they comply with the same guidelines outlined in the proposed crowd-funding bill. The significance of this bill cannot be overstated to the overall investment community — both buyers/sellers. Provisions of the bill include: companies may raise a maximum of $1 million or $2 million if the firm provides audited financial statements. Each investor is limited to investing an amount equal to $10,000 or 10 percent of his/her annual income. Finally, the issuer of this new “stock” must disclose the speculative nature of this type of investment and any limitations on liquidity of the stock. The bill further requires the issuer of the stock to ascertain the investor is aware of the risk and other SEC notices providing for governance of investments. While expected to provide stimulus, there are some downsides to crowd-funding funds for startups. All issuers/startups must be mindful of any individual state law governing minority stockholders interests including voting rights, inspecting the books, etc. The administrative costs and burden of a potentially huge group of small stockholders presents certain overhead costs in record-keeping, etc. Finally, there is speculation that companies which use crowdsourcing will have difficulty attracting venture funds and other more “sophisticated” investors who will want board positions to more closely control company growth. These board positions will carry large liability due to the unwieldy, disparate larger group of unsophisticated investors. David Drake, one of the co-founders of The Soho Loft Capital Creation Event Series , is enthusiastic about this opportunity. He is also founder and Chairman of LDJ Captial in NYC where his passions for energy, efficiency and real estate investments which intercorrelate directly with the technology, media and telecom investment strategies of his firm. His premise is that our current market system rewards short-term traders rather than investors. This is just one of the reasons that he supports crowdfunding. This notable moment in history is rooted in economic growth but also demonstrates the ushering of social media into Wall Street. All investors will now be able to participate in deals like never before. Barriers to entry in alternative investments are being reshaped. Social media platforms are in place to facilitate the conversation, idea exchange and commerce presented by these new investment opportunities. Next step is to see if the Senate quickly passes a similar bill. This is expected along with the White House’s support for this new option of entrepreneurs to meet their potential new investors along the social media highway. The opportunity to locate and participate in these opportunities will be primarily on social networking platforms. It continues to surprise me that so many of my peers continue to eschew the importance of these platforms. Social networking platforms are not a fad, and not expected to “go away.” It reminds me of when I bought my grandmother her first microwave and she said that I should take it back as it only melted cheese!

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BEWARE: This Hair Product Emits Carcinogenic Formaldehyde

January 31, 2012

SAN FRANCISCO — The maker of a popular line of hair-straightening products has agreed to alert consumers that two of its formulations emit formaldehyde gas, a possible carcinogen, California’s attorney general announced Monday. The labeling changes are designed to settle a lawsuit the state filed in November against the company that makes Brazilian Blowout products, which have been a boon for those who dislike their naturally curly tresses but a source of health concerns. The products are applied during salon treatments and coupled with high heat to temporarily smooth the hair shaft. The attorney general’s office had accused North Hollywood-based GIB LLC of deceptive advertising because Brazilian Blowout Acai Smoothing Solution and Brazilian Blowout Professional Smoothing Solution were labeled as being free of formaldehyde, which can irritate the eyes, skin and lungs. “California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use,” Attorney General Kamala Harris said in a statement. “This settlement requires the company to disclose any hazard so that Californians can make informed choices.” The company also agreed to pay $600,000 in penalties and fines for failing to notify consumers and hair stylists that its products contain chemicals that may cause cancer, and to have the products tested for all toxic substances at a state-approved lab. As part of the settlement GIB also will be required to supply salons with a pamphlet outlining recommended safety precautions. The company already has made the necessary labeling and marketing changes, and Brazilian Blowout products still will be available in California, GIB Chief Executive Officer Mike Brady said. “We believe the settlement reached with Attorney General Harris represents a fair and equitable resolution,” Brady said in a statement. “We are pleased to have this matter behind us and are confident these new practices will provide certified stylists who use our products each day and their loyal customers clarity and confidence.” Brazilian Blowout is a brand of keratin hair smoothers that first were popularized in Brazil but have been available in U.S. salons for several years. Both the U.S. Food and Drug Administration and the Occupational Safety and Health Administration have been investigating the products, which also sparked a class-action lawsuit on behalf of consumers in California last year.

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SEC Probes Deutsche Bank’s ‘Crap’ CDOs

January 30, 2012

The Securities and Exchange Commission investigates a Wall Street behemoth over claims that it assembled and sold a package of subprime mortgage-backed securities at the behest of hedge fund king John Paulson without telling other investors that Paulson planned to short it. Sound familiar? Almost two years ago, Goldman Sachs was in the SEC’s cross hairs over such an allegedly fraudulent scenario and ended up settling charges for $550 million, but not without becoming the poster boy for Wall Street shenanigans that helped crash the economy. Now, it’s Deutsche Bank that is being probed by the SEC, Der Spiegel reports , for allegedly letting Paulson help pick “junk” mortgage-backed securities that went into a collateralized debt obligation without telling other investors that the hedge funder was shorting the CDO, called START. Deutsche Bank was the fourth-largest issuer of CDOs in the United States, but it has largely avoided the glare of a federal investigation while its competitors, including Goldman Sachs, Citigroup and JPMorgan, have all been probed by the SEC over how they marketed deals involving subprime mortgage-backed securities. The agency has come under criticism for that lapse, with particular focus on the fact that the SEC’s enforcement chief, Robert Khuzami, previously worked as the general counsel at Deutsche Bank when it was packaging such CDOs . The bank gained a certain infamy for its role in packaging START, as well as other CDOs, during hearings led by Sen. Carl Levin (D-Mich.) last year. It was revealed then that Deutsche banker Greg Lippman once advised a colleague to buy protection for the bank against START, emailing him: “Start is crap you should short because I bet we’ll have to … buyback cash ones next year.” Another email that came out during the hearing described Paulson’s role in structuring the CDOs: “The $1 billion START 2005-B trade was backed by a static pool of CDS [credit default swaps] on mezzanine RMBS [residential mortgage-backed securities] for Paulson Advisors ($4 bln risk arb hedge fund). Paulson retained the bottom 6% of the trade and we sold the rest of the capital structure. Paulson, who came to us with the strong desire to short the U.S. housing market, wrote CDS on underlying ABS (over 100 names) to DB [Deutsche Bank] and DB intermediated them into the deal.” Germany’s biggest bank was also sued over the deal last October by Loreley Financing, which had purchased $440 million worth of CDOs from 2005 to 2007. Loreley claimed that Deutsche defrauded the plaintiffs by issuing CDOs that were “destined — and indeed, designed — to fail.” Duncan King, a spokesman for Deutsche Bank, declined to comment on the SEC probe. As to the Loreley lawsuit, King stated in an email: “Along with other banks and financial institutions, Deutsche Bank is faced with lawsuits brought forward by retail and institutional clients who have lost money in the course of the financial crisis. We look into these claims carefully and, if they prove wrong, defend ourselves vigorously.” SEC spokesmen and Loreley Financing’s lawyer declined to comment to The Huffington Post. The Zombie Insider-Trading Case In another sign that the SEC is sharpening its claws, the agency isn’t letting death get in the way of a case. On Friday, a New York federal judge granted the SEC the right to pursue the estate of Charles Wyly Jr., the Dallas billionaire who was facing insider-trading charges when he died in a car crash in August, Thomson Reuters correspondent Alison Frankel reports . Frankel adds that U.S. District Judge Shira Scheindlin, in her ruling, found “that it doesn’t make sense to permit Wyly’s estate to hold onto his allegedly ill-gotten gains simply because he’s no longer alive.” FDA Monitored Email Of Medical-Device Whistleblowers The Washington Post revealed Monday morning that the Food and Drug Administration monitored the personal email of its own scientists and doctors “after they warned Congress that the agency was approving medical devices that they believed posed unacceptable risks to patients, government documents show.” The staffers have filed suit against the FDA in federal court in Washington, arguing that they were harassed or dismissed based on information uncovered through the snooping. CFPB Outlines Ambitious Agenda For Next 6 Months In its first semiannual report to Congress, the Consumer Financial Protection Bureau outlined an ambitious agenda, according to American Banker . Over the next six months, the CFPB plans to issue final rules requiring a lender to verify a borrower’s ability to repay a mortgage loan; propose a rule streamlining disclosures required by the Truth In Lending Act and the Real Estate Settlement Procedures Act; propose rules regarding the mortgage market, including new servicing standards, loan originator compensation rules and restrictions on high-cost loans; and propose initial rules defining the scope of its nonbank program. The bureau has hired more than 750 staffers and spent about $123.3 million in fiscal year 2011, according to its report. Food Industry To White House: Don’t Make Us Pay For Safety A coalition of food industry groups — including the National Frozen Pizza Institute, American Frozen Food Institute and American Meat Institute — wrote a letter to the White House Monday, urging the administration to stop using industry fees to fund food safety initiatives and to use congressional funding instead. “As consumers continue to cope with a period of prolonged economic turbulence and food makers struggle with record high commodity prices, the creation of new food taxes or regulatory fees would mean higher costs for food makers and lead to higher food prices for consumers,” says the letter. “As such, we believe imposing new fees on food makers is the wrong option for funding food safety programs.” Regulators and food safety advocates tend to prefer fees because they “guarantee a dedicated revenue stream for their activities,” rather than depending on the fickle whims of lawmakers, reports The Hill . Today’s Must-Reads In a giant conflict of interest, taxpayer-owned mortgage giant Freddie Mac has giant investment portfolios that will pay off if “homeowners stay trapped in expensive mortgages with interest rates well above current rates,” report ProPublica’s Jesse Eisinger and National Public Radio’s Chris Arnold . California health officials are investigating skin-lightening products sold in the Bay Area for possible mercury contamination, says California Watch . Two Japanese suppliers of automotive electrical components — Yazaki Corp. and DENSO Corp. — agreed to plead guilty and to pay a total of $548 million in criminal fines for their involvement in multiple price-fixing and bid-rigging conspiracies in the sale of parts to automobile manufacturers in the United States. It’s the second-largest criminal fine ever for an antitrust violation, announces the Justice Department .

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Bill Could Raise Minimum Wage In New York

January 30, 2012

All that talk about income inequality may be having its effect in Albany. Assembly Speaker Sheldon Silver (D-Manhattan ) is proposing a bill to raise the minimum wage 17 percent. The measure would bump the wage from $7.25 an hour to $8.50 an hour, or from $14,500 a year to $17,000 a year. “It’s absurd to expect anyone, let alone a working family, to afford the cost of living today,” Silver said, according to CBS News . If the bill were to pass, New York would have the third highest minimum wage in the country, behind only Washington and Oregon. Currently, 18 other states have higher minimum wages. The last time the state legislature voted to raise the wage was 8 years ago. The measure enjoys support from both Mayor Bloomberg and Governor Cuomo. “The cost of living in New York City, like nearly everywhere else, has gone up,” Bloomberg said during his annual State of the City address earlier this month. “And not just housing, but food, transit and all the key parts of a family’s budget. But there’s one thing that, in all fairness, hasn’t gone up: The ability of those at the bottom of the economic ladder to pay for those essential needs.” Bloomberg, however, backtracked slightly today, according to Capital New York . “I said I would ‘support’–conceptually, I did not have a problem and said that I would support Shelly’s idea of a raise … I haven’t looked at that number yet,” Bloomberg said. “You want to make sure that it is competitive with the adjoining states first. Number two, what it’s likely to do is to reduce employment among young people. And so we’ve got to see with the expected decrease in jobs for young people that invariably would come out of an increase in the minimum wage, how we’re going to have funds to create jobs for those kids.” The bill, of course, also has its outright opponents. From The New York Times : “The national minimum wage went up, and in the United States of America the economy’s the worst it’s been since the Great Depression,” said Senator Tom Libous, a Binghamton Republican. Mr. Libous said he was skeptical of studies suggesting that increasing the minimum wage spurs economic growth. “I think that’s a lame theory that doesn’t amount to much,” he said.

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Toni Haber: Toni’s Take on Real Estate: The Three ‘P’s You Need

January 30, 2012

As a real estate broker for almost for 30 years, I have seen many people come and go, in and out of this industry. In this highly competitive market, I’ve often asked myself: what makes the difference? Why do some succeed, while others tuck tail and run? Everyone dreams of the big payoff down the road, but few are willing to put in the effort it requires. “Ambition is the path to success, persistence is the vehicle you arrive in.” William Eardley IV said that at the turn of the last century, and it still holds true today. I have found that the best assets you can have are patience, persistence, and perseverance. Couple that with a willingness to go above and beyond for your clients and you have a great foundation for success in business. It’s not a magic formula, but it’s pretty damn close. “You just can’t beat the person who never gives up”: The late, great Babe Ruth said that, and personally I think he hit the nail on the head. Over the span of my long career, one of the most important lessons I’ve learned is the value of perseverance: In the long run it always pays off. Sales and new business do not always come easily — most of my business comes from referrals, which is wonderful, but with certain, must-have properties sometimes it takes a lot of follow-up. Especially with the economy in disarray, it takes a lot of dedication to make deals happen. Would-be buyers may be hesitant to buy and sellers may be likely to hold out for a higher a bid. For a lot of us, it can be discouraging when an important deal doesn’t close on the first try. What is helpful though is to remember that patience, persistence, and perseverance (the 3 Ps, as it were) are often all it takes to come out on top. This reminder is important not just for real estate, but for life itself. There is an old marketing adage that says it takes five to seven impressions to make a first impression. This means typically you must follow up about seven times. So if at first you don’t succeed be prepared to try again… six more times. Statistically, 50 percent of sales people never follow up on an email or call, 25 percent follow up once or twice, and 10% follow up three to five times. This means that 85% of the sales people out there are not doing what they need to do in order to garner the most business. Simply increasing the number of times you follow up with potential clients could the secret to doubling, perhaps even tripling your sales. On a personal level, this means I look forward to following up — many times — with potential clients. I’m a natural networker and following up is something I not only expect to do, but genuinely enjoy. With a little practice, this kind of persistence can become second nature for any one. If you want to get ahead this year, the best thing you can do is commit yourself to patience, persistence, and perseverance. These qualities will make you more successful, not just in real estate, but in literally anything and everything you do. When you are motivated and proactive, you are moving actively towards your goals. And if at first you don’t succeed? Try, Try… Try Again!

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‘Stop Using Oakland As Your Playground’

January 30, 2012

OAKLAND, Calif. — It started peacefully enough: A midday rally at City Hall and a march. But as the day wore on, Oakland was hit by the most turbulent protests in weeks as Occupy demonstrators clashed repeatedly with police, leaving more than 400 people arrested. The demonstrations in downtown Oakland broke a lull that had seen just a smattering of people taking to Oakland’s streets in recent weeks for occasional marches that bore little resemblance to the headline-grabbing Occupy demonstrations of last fall. That all changed Saturday with clashes punctuated by rock and bottle throwing by protesters and volleys of tear gas from police, and a City Hall break-in that left glass cases smashed, graffiti spray-painted on walls and an American flag burned. AP photos showing the flag burning – including images of masked protesters touching off the blaze, a woman urging protesters not to burn it, and another of an officer stomping out the fire – drew attention on social networking sites. At least three officers and one protester were injured. Police spokesman Sgt. Jeff Thomason said there were more than 400 arrests on charges ranging from failure to disperse to vandalism, On Sunday, Oakland officials vowed to be ready if Occupy protesters try to mount another large-scale demonstration. Protesters, meanwhile, decried Saturday’s police tactics as illegal and threatened to sue. Mayor Jean Quan personally inspected damage caused by dozens of people who broke into City Hall, which reopened Monday. She said she wants a court order to keep Occupy protesters who have been arrested several times out of Oakland, which has been hit repeatedly by demonstrations that have cost the financially troubled city about $5 million. Quan also called on the loosely organized movement to “stop using Oakland as its playground.” “People in the community and people in the Occupy movement have to stop making excuses for this behavior,” she said. Saturday’s protests – the most convulsive since Oakland police forcefully dismantled an Occupy encampment in November – came just days after the announcement of a new round of actions. The group said it planned to use a vacant building as a social center and political hub and threatened to try to shut down the Port of Oakland for a third time, occupy the airport and take over City Hall. After the mass arrests, the Occupy Oakland Media Committee criticized the police’s conduct, saying that most of the arrests were made illegally because police failed to allow protesters to disperse. It threatened legal action. “Contrary to their own policy, the OPD gave no option of leaving or instruction on how to depart. These arrests are completely illegal, and this will probably result in another class action lawsuit against the OPD,” a release from the group said. Deputy Police Chief Jeff Israel told reporters late Saturday that protesters gathered unlawfully and police gave them multiple verbal warnings to disband. Earlier this month, a court-appointed monitor submitted a report to a federal judge that included “serious concerns” about the department’s handling of the Occupy protests. Police officials say they were in “close contact” with the federal monitor during the protests. The national Occupy Wall Street movement, which denounces corporate excess and economic inequality, began in New York City in the fall but has been largely dormant lately. Oakland, New York and Los Angeles were among the cities with the largest and most vocal Occupy protests early on. The demonstrations ebbed after those cities used force to move out hundreds of demonstrators who had set up tent cities. Caitlin Manning, an Occupy Oakland member, believes that Saturday’s protest caught the world’s attention. “The Occupy movement is back on the map,” Manning said Sunday. “We think those who have been involved in movements elsewhere should be heartened.” In Oakland, social activism and civic unrest have long marked this rough-edged city of nearly 400,000 across the bay from San Francisco. Beset by poverty, crime and a decades-long tense relationship between the police and the community, its streets have seen clashes between officers and protesters, including anti-draft protests in the 1960s that spilled into town from neighboring Berkeley. Dozens of officers, who maintained guard at City Hall overnight, were also on the scene Sunday. “They were never able to occupy a building outside of City Hall,” Interim Police Chief Howard Jordan said Sunday. “We suspect they will try to go to the convention center again. They will not get in.” Jordan defended his officers’ response to the protesters on Saturday. “No we have not changed our tactics,” Jordan said. “The demonstrators have changed their tactics, which forces us to respond differently.” Quan, who faces two mayoral recall attempts, has been criticized for past police tear-gassing, though she said she was not aware of the plans. On Saturday, she thought the police response was measured. She also said she hopes prosecutors will seek a stay-away order against protesters who have been arrested multiple times. “It appears that most of them constantly come from outside of Oakland,” Quan said. “I think a lot of the young people who come to these demonstrations think they’re being revolutionary when they’re really hurting the people they claim that they are representing.” Saturday’s events began when a group assembled outside City Hall and marched through the streets, disrupting traffic as they threatened to take over a vacant convention center. The protesters then walked to the convention center, where some started tearing down perimeter fencing and “destroying construction equipment” shortly before 3 p.m., police said. The number of demonstrators swelled as the day wore on, with afternoon estimates ranging up to 2,000 people, although city leaders say that figure was much closer to several hundred. A majority of the arrests came after police took scores of protesters into custody as they marched through downtown, with some entering a YMCA building, Thomason said. One of those taken into custody at the facility was KGO radio reporter Kristin Hanes. Though she was released after about 25 minutes, Hanes said she was “angry that they put a reporter in zip-tie handcuffs.” Oakland police didn’t immediately respond to a request for comment about her arrest.

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Federal Reserve Building Joins Dan Gilbert’s Real Estate Empire

January 30, 2012

Dan Gilbert is adding yet another building to his downtown Detroit real estate portfolio. The Quicken Loans chairman announced Monday his umbrella company, Rock Ventures LLC, is set to close on the Federal Reserve Building at 160 W. Fort St. The 1927 building and its 1951 glass annex have been vacant since 2004. Gilbert said Rock Ventures would seek a single large tenant for the 176,000 square-foot space. There had been some speculation that Chrylser was considering a move from its offices from Auburn Hills to space downtown in the Gilbert-owned Dime Building, but Gilbert declined to comment on any deal with Chrysler for that building or the new Federal Reserve space. The Federal Reserve Building is conveniently located on the same block as the Dime Building, which Gilbert purchased in August, and just a short walk from Quicken Loans’ headquarters in the Compuware Building and Chase Tower. Gilbert has bought so many buildings downtown in the last year he couldn’t remember just how many when asked at the Monday announcement at the Madison Building. The answer is nine. Nine buildings all between Campus Martius Park and Grand Circus Park , with two parking structures and a parking lot added to the mix. The Madison Building is another 2011 purchase, a former theater now rebranded as the M@dison hub for tech start-ups and venture capital firms, including Detroit Labs and Detroit Venture Partners. Gilbert said he had no imminent plans for further purchases downtown, but “as long as they’re available” he would continue looking to invest. Dan Mullen, the acquisition manager for Bedrock Real Estate, which oversees many of Gilbert’s real estate investments, said this would be a “software year” for the company’s holdings, meaning an emphasis on finding tenants and leasing already-owned space rather than acquiring new property. Gilbert has so far focused on buying and renovating office space, though he cited the need for more residential space downtown. He noted the possibility of developing residential property on the old Hudson’s Department Store site, for which he just secured a 15-year Renaissance Zone tax credit from the city. Read more about Gilbert’s aggressive real estate strategy: “Dan Gilbert’s Detroit Real Estate Deals Mark Ambitious Development Plan”

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Robert Kuttner: Eric Schneiderman: Hero or Goat?

January 30, 2012

The activation of the administration’s long dormant task force on criminal misconduct in the financial collapse, with New York’s progressive attorney general Eric Schneiderman as co-chair, could be the most fateful political and economic development of the election year. There are still immense pitfalls ahead, as Wall Street allies inside the administration and on Wall Street itself try to reduce Schneiderman’s role to that of symbolic fig leaf. But President Obama has done something potentially momentous for which he deserves our praise, even if he himself does not fully grasp the implications. The significance of the shift is still in play, of course, and will be made clearer as events unfold over the next several weeks. Some skeptics in the progressive community have raised questions both about the upside for Schneiderman and his motives. Given the administration’s feeble record on prosecutions to date, the critics are right to flag the likelihood that people like Attorney General Eric Holder and SEC enforcement chief Robert Khazumi will try to sandbag Schneiderman. But my reporting suggests that they underestimate both the man and the dynamics that have been set loose. The surprising move raises several questions. First Big Question: Why did Obama, after letting the Treasury, Justice Department, and SEC sit on potential criminal prosecutions for three years, do this now? There was, after all, an inter-agency Financial Fraud Enforcement Group appointed in November 2009, and it contented itself with going after small and medium-sized fraudsters and settling mostly for slap-on-the-wrist civil fines, rather than getting to the bottom of the systemic crimes and bringing major cases. The answer is in a harmonic convergence of three forces. First, as illustrated by the larger themes of his recent State of the Union Address, Obama belatedly recognized an urgent political need for a more populist posture. What better bogeyman than Wall Street? Polls show that the single most damning factor that leaves voters skeptical about Obama’s economic credibility is his coziness with the big banks. Pecking Paul Volcker on the cheek once a year just doesn’t do it. Obama needed Schneiderman — and not just as a symbol. Second, the administration has fervently pushed, via HUD and the Treasury Department, for a soft settlement of the mortgage industry’s failure to legally document the conversion of mortgages into securities and the systemic fraud in mortgage servicing that resulted. A series of court rulings have blocked foreclosures, because of such abuses as “robo-signing” of documents. Bankers, weaker state A.G., and the administration have been trying to close a deal where the banks are fined $20-25 billion, which goes for mortgage relief, in exchange for a general legal cleanup and protection from further liability. But this bad bargain was blocked by the steadfast opposition of the most important state attorneys general, notably the same Eric Schneiderman, plus California’s Kamala Harris, Martha Coakley of Massachusetts and Beau Biden of Delaware. (Virtually all the trusts that hold securitized mortgages are created under the laws of New York or Delaware, so without Schneiderman and Biden, forget any deal.) In exchange for his cooperation with the administration on what is essentially a sideshow, Schneiderman held out for both a much tougher deal, and a major league prosecutorial task force. Third, it has dawned on even relative conservative forces in Washington that the continuing mortgage crisis is a major economic drag on the recovery. With real estate values flat or continuing to decline, with homeowners out trillions of dollars of net worth, and tens of millions of mortgages still under water, the economy remains stuck in a deflationary cycle. The administration’s small-bore relief programs, all of which are voluntary to the banks, have not done the job. Surprisingly (and hopefully), the Federal Reserve — of all institutions — has been publicly pressing for more mortgage relief . This is crucial, since in the end game the Fed will be essential to a successful pivot from the leverage of criminal prosecutions to the remedy of much deeper mortgage relief — if Schneiderman prevails. Pressure from the Fed to do more to fix the housing deflation will also serve as a political counterweight to those in the administration who hope Schneiderman will be just window dressing. More on that in a moment. Next Big Question: Why did Schneiderman accept this appointment? Who is rolling whom? Some critics on the left have argued that Schneiderman has all the authority he needs under New York State law (via the Martin Act that was also used by Eliot Spitzer in extracting a global settlement of conflicts of interest by the banks a decade ago). This critique has been all over such blogs as nakedcapitalism.com and firedoglake.com. The critics conclude that since the Obama administration has not been serious about criminal prosecutions thus far, it logically follows that Schneiderman has been co-opted into a process that will tie his hands. But the real dynamics are far more complex. There are certainly those in the administration who hope to sit on Schneiderman. You can see this in the dueling press releases to date. For instance, Eric Holder, in his Friday statement, included the unhelpful comment that “behavior that is unethical or reckless may not necessarily be criminal.” This is of course true, but why on earth make that point in the context of announcing a new task force that is supposed to signal new toughness? It suggests that Holder, if left in charge, would pursue the same weak prosecutorial policies of the past three years. But Schneiderman turns out to have a lot of leverage. Although the outlines of a narrow deal on the legal problems of mortgage servicers have been leaked, Schneiderman has not yet signed off on the deal. As noted, he has already gotten major concessions. The deal will only address the relatively narrow (but outrageous) abuse of robo-signing, and nothing in it will provide release from criminal prosecutions. Other details are still being negotiated. It is likely that Schneiderman will not give his final assent until he receives assurances on who will really be in charge of these broader investigations and with what level of resources. The other main reason Schneiderman joined: The New York A.G. may have plenty of legal authority, but what he does not have is sufficient ground troops. In a scandal like this one, where the frauds and criminal misrepresentations are buried in millions of documents, it takes very major investigative resources, of the sort that the FBI, the IRS, the SEC, and the force of postal inspectors have, and the New York A.G. simply doesn’t. Something like a thousand Federal investigators and prosecutors brought crooks to justice in the savings and loan scandals of the late 1980s. Though the numbers of people attached to the task so far are small — Holder has announced a total of 55 attorneys and investigators to be assigned to the new working group — we will soon find out whether enough people will be assigned to confirm to Schneiderman that this is a serious effort. If not, we can expect him and the other progressive AGs to walk. And that is Schneiderman’s other main source of leverage. In the jockeying for control, you might think that the odds overwhelmingly favor the insiders like Holder and Khazumi. But a high-profile criminal investigation that fizzled, with Schneiderman walking away, would be a massive political setback to the White House, more massive even than alienating some Wall Street campaign donors. It would take a lot of guts for a Democratic attorney general to walk away from a presidentially created process in an election year. But if Schneiderman and the other progressive A.G.s conclude they are being rolled, they will walk and then do the best they can with the resources they have. Schneiderman’s goal, as far as I can tell, is to serve both justice and macroeconomic recovery. With fresh federal investigative resources, he can threaten bankers with legal Armageddon. Then, in addition to sending the worst malefactors to prison, he can entertain a settlement not in the tens of billions but in the hundreds of billions — sufficient to provide very major write-downs of mortgage principal owed. That, in turn, changes the dynamics of the housing crisis as a drag on the recovery, which not incidentally serves the administration’s economic and political needs. As all this sinks in, you can just imagine the editorial in the Wall Street Journal . Extortion! The feds are threatening to send bankers to the slam in order to extort hundreds of billions for mortgage deadbeats. But extortion compared to what? The systematic, illegal fraud in mortgage securitization cost innocent homeowners trillions and the economy tens of trillions. The taxpayers went directly on the line to the banks for nearly a trillion in the TARP bailouts, and the Fed risked its own balance sheets to the tune of trillions more. Several hundred billion dollars of mortgage relief is pretty modest by comparison. Though President Obama finally sounded more in tune with the anxieties of the average American in his State of the Union Address, he missed a huge opportunity by failing to challenge the “deadbeat” narrative long ago. For the most part, it was illegal behavior by the banks, and not the occasional deliberately improvident home buyer, that caused this collapse. Now, finally, we may get a reckoning. This administration does not speak with one voice. While some senior officials may wishfully view Schneiderman as a useful idiot, the career prosecutors who have been champing at the bit and some on the White House political team view him as a heaven-sent counterweight to men like Geithner and Holder. In less than a week, the momentum has already shifted. Critics who were skeptical a few days ago, Matt Taibbi for instance , are now applauding. Bloggers who were questioning Schneiderman’s bona fides in taking the job are now making lists of legal angles for him to pursue. As public expectations build for a serious investigation and prosecution, it becomes progressively harder for Wall Street’s cronies in Washington to shackle Schneiderman. Big Question Number Three: Are plausible criminal prosecutions really possible? Short answer: yes. But it will take serious effort and resources. One of the most irritating phenomena of the past three years has been the whining by protectors of banks to the effect that it’s hard to get convictions in cases of financial fraud. But when the government decides to act in concert and throw the book at bank illegality, the dynamics change. There was criminal fraud in every stage of the daisy chain of sub-prime mortgages and the creation and sale of securities backed by them — in the misrepresentation of the quality of the loans, in the packaging of loans into securities, in the fakery of what documents were actually in the trusts, and in the marketing of mortgage-backed securities to investors. Mortgage servicers, in their attempts to collect payments, levy penalty charges, and to foreclose, also committed fraud when they misrepresented their documentation and property rights. At every step of the way, there were layers of lies. These lies violate innumerable statutes that carry criminal penalties. Mail Fraud. While the statute of limitations has already run on some crimes, it is ten years in the case of mail fraud. The process of creating securities based on packages of high-risk mortgages that were misrepresented in trust documents, or the false notification of homeowners that they were delinquent, may have used Fedex some of the time, but it also relied on the U.S. Postal Service. The scale of manpower in the corps of postal inspectors and investigators, if deployed, gives Schneiderman resources simply not available to the New York A.G. Securities Fraud. The entire structure of the securities laws in the United States is based on disclosure of risks that are material to the decisions of investors. The willful misrepresentation of actual risks was the essence of the strategy that enriched bankers and other middlemen, and crashed the economy. Mortgage-backed securities sold to the public are covered by the securities laws, as are sales of shares in banks. Misrepresentations were rampant. It was this prosecutorial leverage that led to the (paltry) civil settlements with Goldman Sachs, Countrywide Mortgage, and other malefactors — that were and still are vulnerable to criminal prosecutions. Bank Fraud. If the value of the underlying mortgages were misrepresented in official filings with bank regulators, that’s bank fraud under the relevant banking statutes, which have long statutes of limitations that have not yet run. False accounting statements and false claims about internal controls are also a crime under the Sarbanes-Oxley Act. If statements are sworn, that’s also perjury. Tax Fraud. The entire process of securitization of bogus mortgages used tax-exempt conduits known as REMICs (The details are mind-numbing, but masochists are invited to Google the word REMIC). The sums were huge. The point is that if the packaging of mortgages was fraudulent and the IRS cracked down, everyone from bankers to individual trustees would be on the hook for hundreds of billions in back taxes and tax penalties. Faced with this kind of nightmare and the hit to their stock price while investigations proceeded, bankers would be inclined to settle. Simply the fact of bringing serious criminal cases puts the fear of God into bankers and their lawyers. Big Question Number Four: What signs should we be looking for to indicate success or failure? For starters, will Schneiderman be operationally as well as nominally in charge? Will he get the investigative resources that he needs? Will Eric Holder stop being so defensive about his own record and give Schneiderman his full backing? Will President Obama stay focused on the infighting and support Schneiderman? What back channel efforts will be used to blunt or block this initiative? You can just imagine the shudder that went though the ranks of the biggest banks, which have gotten off just about scot-free, when this task force was announced. They could now face massive fines, much reduced paydays, and even prison time. A progressive prosecutor like Schneiderman, wielding federal investigative resources, was their worst nightmare. The banksters, of course, have close friends in high places. Jack Lew, President Obama’s new chief of staff, was a protégé of Citibank’s Robert Rubin. Lew served as Rubin’s chief of staff at the Treasury Department in the mid-1990s, and then followed Rubin to Citi. Without the longtime patronage of Rubin, Obama’s chief economic adviser Gene Sperling would be just another bright career policy-wonk. Sperling, in fairness, has tried to do the right thing within the very narrow confines of the Administration’s mortgage relief policy to date. But this will be a whole new test of his judgment, principles, and ultimate loyalties. Wall Street is also a principal funder of President Obama’s re-election campaign. With the administration divided on whether this task force should be real or sham, the president will need to decisively conclude that economic recovery and his own credibility with the voters is more important than protecting his banker friends. What about the timing? Subpoenas have already been issued, indictments are possible within months or even weeks, but the task force will have to go on overdrive to get a settlement this year that includes enough mortgage relief to make a near-term difference to housing markets and the macro-economic picture. Justice delayed is justice denied, and with the clock running on both the recovery and various statutes of limitations, that old saw was never truer. A very encouraging sign would be the early exit of one Timothy Geithner. Secretary Geithner recently told a reporter that he would not be staying around for a second term. But if Geithner stays in office and is a decisive policy voice between now and November, Obama may not get that second term. Whether or not the president fully appreciates it, the new emphasis on prosecuting financial fraud is more than anything else a repudiation of Geithner and his policies. So why keep Geithner around to undermine the task force’s work? Last Big Question: What is the end game? Bankers have escaped prosecution, and housing has stayed in a deep hole, in large part because of a disastrous decision that Geithner made in early 2009 — the policy of extend and pretend. Rather than cleaning out and breaking up big banks, Geithner claimed that “market confidence” required the Treasury to collude in the fiction that all was well. It was just a temporary problem of liquidity. Propping up the banks and their balance sheets, in turn, precluded serious relief of the mortgage crisis, since a write-down of mortgage debt would require banks to acknowledge real losses. In some ways, a successful prosecutorial initiative returns us to the debates of early 2009: if cleaning up the mortgage mess requires banks to take a big hit to their balance sheets, how then do we proceed with a restructuring of the banks? Since markets have already acknowledged reality by driving down the value of the banks’ share prices, a settlement with much larger penalties, principal write downs, and even some prison sentences would actually be good for the banking industry because it would provide a fresh start with honest books. We could get beyond the “Japan” phase of this crisis, where the Fed has to keep pumping in trillions of dollars to disguise the real weakness of the economy and the banking industry. It’s helpful that the Fed recognizes the perilous effect of the mortgage collapse on the recovery, since Fed intervention will be central to restructuring and recapitalizing the banking industry after the task force brings bankers to justice. Political junkies are fixated on the danse macabre of Newt Gingrich and Mitt Romney. But I could argue that the Mitt and Newt show is only the second most fateful election-year spectacle. More important is the question of whether Eric Schneiderman will be able to do his work. Schneiderman has taken a stunning gamble. He may get the full cooperation that he needs, he may not. But one thing should already be clear. This is not a man who has been co-opted. He is nobody’s window dressing. Robert Kuttner is co-editor of The American Prospect and a senior fellow at Demos. His latest book is ‘A Presidency in Peril’ . He is working on a new book on the politics of austerity. Kuttner is a former chief investigator of the U.S. Senate Banking Committee.

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Deficit Focus Questioned As Answer To Europe’s Debt Crisis

January 29, 2012

FRANKFURT, Germany — Europe is getting tougher on government debt. After more than two years struggling to rescue financially shaky governments, leaders of the 17 countries that use the euro are ready to agree on a treaty that will force member countries to put deficit limits into their national laws. At first glance, it seems logical – after all, the crisis erupted after too many governments spent and borrowed too much for too long. But a number of economists – and some politicians – say the focus on cutting deficits is misplaced and that more fundamental problems are being left unaddressed. It’s how the euro was set up in the first place, they say – one currency, but multiple government budgets, economies moving at different speeds and no central treasury or borrowing authority to back them up. Until those institutional flaws are tackled, the economists say, the euro will remain vulnerable. So far, Greece, Ireland and Portugal have turned to other eurozone governments and the International Monetary Fund for emergency funds to avoid defaulting on their debts. Nonetheless, European leaders are pushing a new anti-debt treaty as the leading edge of their effort to reassure markets. European Union leaders hope to agree on the treaty’s text at a meeting starting Monday, and sign it by March. The proposed treaty pushes countries to limit “structural” deficits – shortfalls not caused by ups and downs of the business cycle – to a tight 0.5 percent of gross domestic product or face a fine. That comes on top of other recent EU legislation intended to tighten observance of the eurozone’s limits: overall deficits of 3 percent of GDP and national debt of 60 percent of GDP. European leaders are also urging countries to improve growth by reducing regulation and other barriers to business. Yet economists like Jean Pisani-Ferry, director of the Bruegel think tank in Brussels, says it’s striking that governments are focusing on budget rules, given Europe’s earlier experience with them. An earlier set of rules were largely ignored at the behest of France and Germany in the first years after the euro’s 1999 launch. And some of the countries that now are in the deepest trouble – such as Spain and bailed-out Ireland – stayed well within the debt limit for years. “This suggests that the simplistic view – that a thorough enforcement of the rules would have prevented the crisis – should be treated with caution,” Pisani-Ferry wrote in a recent article for Bruegel. Some European politicians are also voicing doubts about focusing primarily on deficits. They include new Italian Prime Minister Mario Monti, who has warned that growth is the real answer to shrinking debt in the long term. International Monetary Fund head Christine Lagarde has urged a broader approach. She calls for a willingness to share the burden of supporting banks and other financial risks so troubles in one country don’t become a crisis for the entire currency bloc. Here are four reasons for concern cited by economists – but not yet on the summit agendas of the eurozone’s leaders. NO COMMON BORROWING: Without a central, pan-European treasury, there’s no steady central source of support for eurozone countries that run into economic or financial trouble. Many economists say issuing jointly guaranteed “eurobonds” would make sure no one country would ever default and governments would always be able to borrow. Governments would give up some of their sovereignty, allowing review of their spending and borrowing plans, to get the money. Pisani-Ferry argues that this would protect governments from the kind of self-fulfilling bond market panic fueled by fears of default, that pushed Greece, Ireland and Portugal over the edge. Yet the idea of more collective responsibility remains unpopular in prosperous EU countries such as Germany, Finland and the Netherlands. They can borrow cheaply due to their strong finances and would likely pay more to borrow at the rate that includes the shaky ones. Eurobonds would also likely require a time-consuming change to the European Union’s basic treaty – which currently bans members from assuming each other’s debts. There would also have to be a mechanisms in place to stop countries with shoddy finances from borrowing too much. Opponents say that’s unrealistic. “If you have mutual debt responsibility, and freedom of each country to borrow, then each country can drive the eurozone into bankruptcy,” said Kai Konrad, managing director of the Max Planck Institute for Tax Law and Public Finance in Munich. BANK BAILOUTS: Europe currently has no safety mechanism that would stop a country from sinking under the weight of having to bail out banks based in that country. At the moment, each country bears the brunt of rescuing its own banks. This can create serious problems in a crisis. For example Ireland’s loosely regulated banks borrowed heavily and loaned out money freely for speculative real estate projects. When the real estate market collapsed and the loans were not paid back, the Irish government had to step in to guarantee the bank’s bonds – and quickly went broke. Ireland had a very low debt level of only 25 percent of annual economic output in 2007. As bank losses moved to the government’s balance sheet, by 2011 debt hit 106 percent of annual GDP. The country remains on EU-IMF life support. Simon Tilford of the Centre for European Reform in London draws an analogy with U.S. insurer AIG, which was bailed out by the U.S. federal government in 2008. AIG was incorporated in the U.S. state of Delaware, yet Delaware did not go bankrupt handling the rescue. The central government stepped in. TRADE IMBALANCES: Economists point out that gaps in how well countries compete and trade with one another have steadily widened since the euro was created. Greece’s current account deficit – the broadest measure of trade – is even worse than its budget deficit. It buys and borrows far more than it sells and earns abroad. Normally trade imbalances are evened out by fluctuating exchange rates – but that can’t happen within the euro. Countries can improve their competitiveness by doing what Germany did in the 2000s – cut labor costs to business by cutting general unemployment benefits. They can cut red tape and taxes. But that takes years. Meanwhile, the region is also hampered by an inflexible pan-euro interest rate. Low interest rates – set by the European Central Bank to see Germany and France through stagnation in the early 2000s – were too low to control wage inflation and reckless borrowing in places like Greece and Ireland. Wage costs and debt levels rose. Competitiveness and exports declined, weakening the economy and undermining government finances. CENTRAL BANK POWERS: Yet another structural issue is the limited power of the European Central Bank to support governments. The bank resisted calls to buy larger amounts of government bonds. That resistance observes the spirit of the EU basic treaty, which forbids the central bank from financing governments. But it’s a constraint that central banks such as the U.S. Federal Reserve and the Bank of England don’t have. They can buy up their country’s debt, a move that can push down government borrowing costs and reassure markets the state will always pay its debts. The ECB remains “a limited-purpose central bank,” says Tilford. He notes that Britain has more debt than Spain, 81 percent of GDP versus 67 percent, yet borrows at just over 2 percent annual interest for its 10-year bonds, while Spanish debt for the same period has a 5 percent-plus interest rate. One difference: markets know the Bank of England has the ability to support the government in a crisis by buying bonds and driving down interest rates. Many of these issue were raised before the currency was launched in 1999, then got less attention. Tilford says that “the tendency has been to say the currency union needs all these things but in practice it’s not necessarily the case” so long as countries obey budget rules and manage their finances well. “It’s become harder to maintain that kind of argumentation now, given how bad things have got.”

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GM CEO Isn’t Sorry About Taking Taxpayer Money

January 29, 2012

Just a few years ago, America’s auto industry was on the verge of collapse. When President Obama took office, he had to decide whether to bail out General Motors or let it die. He chose to send them a lifeline, to the tune of $50 billion. In this week’s State of the Union speech, President Obama said that decision paid off. “Today, General Motors is back on top as the world’s No. 1 automaker,” Obama said.

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PG&E Ordered To Pay Millions For Poor Inspection Of Pipes

January 28, 2012

SAN FRANCISCO — State regulators plan to fine Pacific Gas & Electric Co. $16.8 million for failing to perform gas leak surveys in the wake of a deadly pipeline explosion in a San Francisco suburb in 2010. The California Public Utilities Commission announced the fine Friday, as part of a new citation program that gives its staff oversight muscle to fine natural gas companies for safety problems spotted on their lines. The Sept. 9, 2010 blast on the transmission line in San Bruno ignited a fireball that killed eight people and destroyed 38 homes. Last year, PG&E self-reported to the commission that the company did not perform pipeline leak surveys in several locations, in violation of state regulations. PG&E has 10 days to pay the fine using shareholder dollars, or appeal.

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Wall Street Political Donations Have Skyrocketed

January 27, 2012

It’s influence in Washington can be debated, but Wall Street’s growing interest in the nation’s capitol cannot. The number of political donors working in the finance, insurance and real estate sectors and giving more than $10,000 has skyrocketed 405 percent over the past two decades, according to an analysis of campaign contributions by the Sunlight Foundation. The financial sector’s overall contributions to political campaigns have surged even more over the same period, rising by 700 percent, the analysis found. Critics continue to lament the role of corporate money in Washington, and some have taken to the streets. Occupy protesters gathered in Washington and New York earlier this month to demonstrate against the Supreme Court’s Citizens United ruling , which allowed corporations to give unlimited donations to political campaigns. Americans appears to agree. By a margin of three to one, they say they think there should be a limit to how much corporations can donate to political campaigns , according to a recent poll by Legal Progress, a program run by the left-leaning Center for American Progress. Some of the presidential candidates themselves have criticized their competitors for close relationships with Wall Street. Before dropping out of the race, Texas governor Rick Perry stopped short of explicitly criticizing Mitt Romney in a South Carolina campaign stop earlier this month, but he did deride the cozy relationship between Wall Street and Washington and highlighted plants where Romney’s private equity firm had cut jobs, according to the Wall Street Journal . Romney’s far from the first politician to be criticized for his ties to Washington. While October New York Times analysis found that Mitt Romney had raised more in 2011 from Wall Street firms than Obama, an October Washington Post analysis said that Obama raised more money from financial sector workers than all of the Republican candidates combined. After taking a strong stand against certain practices on Wall Street, Obama hasn’t received the support he saw during his first election campaign. The turnout at a $10,000-per-plate fundraiser headlined by billionaire investor Warren Buffett was “disappointing,” according to one guest cited by the New York Post . Perhaps making matters worse, Obama returned money from one of his major Wall Street donors last year. After former MF Global CEO John Corzine came under fire for his role in the firm’s collapse, Obama returned more than $70,000 in donations from the former Senator and New Jersey governor. (H/T The Atlantic )

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Occupy DC To Weigh Options After No-Camping Warning

January 27, 2012

WASHINGTON — On Friday evening, Occupy activists in the nation’s capital are scheduled to discuss new warnings from the National Park Service about camping in McPherson Square and Freedom Plaza . The service posted official notices citing its no-camping policy at the two downtown D.C. encampments earlier that day. NPS spokesman Bill Line told The Huffington Post on Friday afternoon that the agency will be passing out fliers through the weekend that will set “expectations for what the demonstrators need to meet, adhere to.” Earlier this week, during a House Oversight and Government Reform Committee hearing about the Occupy DC camp at McPherson Square, NPS Director Jonathan Jarvis said his agency would begin some kind of enforcement of the no-camping policy “soon.” The NPS, which has jurisdiction over McPherson Square and Freedom Plaza, has come under fire from Rep. Darrell Issa (R-Calif.), who chairs the House oversight committee, and other congressional Republicans for allowing the camps to remain in place as long as they have. Occupy DC first gathered in McPherson Square on Oct. 1, and Occupy Washington DC settled in Freedom Plaza on Oct. 6. The park service had taken the position that the camps are 24-hour vigils protected under the First Amendment. Downplaying the service’s new warning, Line said the flier does not use the word “enforcement.” But its first sentence says that “the United States Park Police will commence enforcement of the long-standing National Park Service (NPS) regulation” that prohibits camping. The compliance deadline, according to the posted flier, is Monday at noon. The rest of the NPS’s warning isn’t as clear. The flier taped to tents this morning at McPherson Square states both that the NPS will “prohibit” camping and that “temporary structures may not be used outside designated camping areas for living accommodation activities such as sleeping, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or doing any digging or earth breaking or carrying on cooking activities.” The second restriction seems to limit but still permit temporary structures, a category into which tents could fall. The NPS also wrote that the activists must “remove all camping material from the park” and, at the same time, must “leave one side of all temporary structures open at all times to ensure public health and safety.” Tony VanFossen, an Occupy protester at Freedom Plaza who said he’s typically at that camp 18 to 20 hours per day, said that the General Assembly will discuss the no-camping notice Friday night. Personally he’s not worried about the notice, he said, because he doesn’t consider what’s happening in Freedom Plaza to be camping. “We don’t sleep here. We might go into our tents and meditate for 8 to 10 hours a day,” said VanFossen. Nonetheless, he noted that some demonstrators are worried their sleeping bags and blankets will be removed. Overall, he sounded upbeat about the warning. “We’re very confident that the parks department has been very supportive of us,” Van Fossen said. “They’re working with us so long as we’re working with them.” In recent weeks, D.C. Mayor Vincent Gray has asked the NPS to evict the protesters in McPherson Square so sanitation and rat infestation issues could be properly addressed. The mayor has suggested that the McPherson Square camp could merge with the activists gathered at Freedom Plaza , although organizers at the latter camp have said such a consolidation would present its own challenges. When Gray declared his desire to clear out McPherson Square, the Occupy activists there pledged to stand their ground . Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, thinks the latest move by the park service is politically motivated. “I think what’s going on right now is extremely political,” she said. “The dominant visible reason for their effort to clear or affect the encampment at this point seems to be Issa and Mayor Gray’s responsiveness to business interests in D.C.” Some Occupy protesters also blame Rep. Issa for the NPS’s new move: Others have pledged again to maintain Occupy’s stand in downtown Washington:

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David Kiley: Will New Ad Agencies Further Boost GM?

January 27, 2012

Joel Ewanick’s legacy as chief of global marketing at General Motors is still being written. But one thing no one can accuse him of is accepting the status quo that so often grips executives at the automaker’s Renaissance Center headquarters. Ewanick this week moved GM’s $3 billion media-buying assignment from Starcom Mediavest, part of French company Publicis, to French agency Carat. According to public figures, Starcom had about 450 employees at its Jefferson Ave. office in Detroit. Perhaps as many as 80 percent of those employees will now probably be recruited by Carat to keep continuity on GM’s business. Starcom held the GM business since 2005. Ewanick joined GM in 2009 after what many view as a very successful run as chief of marketing at Hyundai Motor Sales. Upon arrival, Ewanick immediately took the Chevrolet ad business from Warren, Mich.-based Campbell-Ewald, which had the Chevy account since Warren Harding was president, and awarded it to San Francisco agency Goodby, Silverstein & Partners, which has opened an office on Woodward in Detroit. He also plucked the Cadillac ad business from New York-based BBH, which had gotten the account just months before Ewanick was hired, choosing instead to go with Minneapolis-based Fallon Worldwide. Ewanick at times appears like the crew that paints the Golden Gate Bridge — he never really stops working. He is currently holding a review of Chevrolet’s global ad business that could potentially leave Goodby unemployed in the car business. Just a little more than two years ago, Ewanick gave the agency Chevy’s business without a competitive review. At this week’s Super Bowl briefing for reporters, GM executives showed ads that may run in the big game created by both Goodby and Birmingham, Mich.-based McCann-Erickson. The Chevy ad theme Goodby launched in 2009, “Chevy Runs Deep,” appeared in only some of the ads. Goodby has used the slogan to show how Chevy has penetrated lives, families and the fabric of America over decades. But that whole creative approach is likely to change significantly when Ewanick and his team make a decision about a new Chevy agency — or agencies . More than one ad agency? Sure. Since joining GM, Ewanick’s role has gone global, and he is working to make Chevy a legitimate global brand. There is a lot of chatter, for example, that GM will keep the North American Chevy ad account at Goodby, and award McCann the global business. We’ll see. Whatever Ewanick decides, the GM ad business’s impact on the city of Detroit should continue to be positive. Ewanick was pretty forceful in demanding that Goodby and Fallon locate their offices downtown rather than out in the suburbs, which had been the tradition for decades. It would not surprise anyone, in fact, if Carat took over Starcom’s leases on Jefferson Avenue, or moved into the Renaissance Center. Ewanick says he should have done the media review “years ago.” Funny, since he’s only been in the job about two and a half years. He says the move away from Starcom is not only about efficieny (Carat working cheaper), but about quality. He feels that Carat has a better idea about how to make GM better at buying its media worldwide, and especially make Chevy a vibrant, powerful global brand. The Chevy review makes some sense, too. Chevy is positioned to project the same set of images, ideals and values globally. The company’s creative advertising and marketing, whether on TV or YouTube, must be coherent, so that people understand the brand no matter where they are in the world. Ewanick is a change agent. That is why he was recruited by former CEO Ed Whitacre Jr. and current President Mark Reuss. Both executives knew GM’s marketing suffered from a terrible inertia, a system in which a revolving roster of managers each sought to change the brand’s strategy to their whims and egos. There are still plenty of meetings where good ideas go to die, and upstarts trying to follow Ewanick’s lead still sometimes get stymied by GM lifers who prefer to play things safe and steady. Ads from GM’s new agencies have, to use a baseball analogy, been mostly singles, doubles and triples. No home runs yet. In last year’s Super Bowl, Chevy’s multiple ads were completely overshadowed by Chrysler’s “Imported From Detroit” ad and Volkswagen’s Darth Vader ad. After this media agency shift, and the outcome of the Chevy review, I don’t think I am alone in suggesting that it will be time to perhaps leave things alone for a bit. Let the teams have time to gel and get on with the work. And hopefully we will see some creative home runs to knock in those singles and doubles.

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WATCH: The Newest Yoga Room Is At… SFO?

January 27, 2012

We’ve never been shy about our love for SFO’s terminal two. (Between the LEED certification , a cafeteria that rivals the Ferry Building and a vintage record exhibit , who would?) But the terminal’s newest addition takes the cake. On Thursday, SFO opened the doors to its new yoga room — the jewel in the terminal’s collection of truly San Francisco amenities. (SCROLL DOWN FOR PHOTOS AND VIDEO) The “zen room” will be open free-of-charge to ticketed passengers past the security gate. The room is dimly lit and is a shoe, noise and mobile phone-free zone, complete with yoga mats. See pictures of the new yoga room in our slideshow and watch NBC’s video below: View more videos at: http://nbcbayarea.com .

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Occupy Wall Street Monitored By U.S. Conference Of Mayors, Emails Show

January 26, 2012

WASHINGTON — After denying that they are coordinating responses to Occupy Wall Street, the U.S. Conference of Mayors recently surveyed city administrations across the country about the movement. In late November, according to documents obtained through a Freedom of Information Act request, the District of Columbia mayor’s office received a request to update its answers to the survey. The questions to city officials appeared to elicit profiles of Occupy activists and answers that could help show the activists as a drain on resources. The mayor’s conference asked via the emailed survey: What are the estimated Occupy-related costs? What are the major issues relating to Occupy events? Has the Occupy membership changed and if so “describe those involved in the movement how they’ve changed in terms of who they are and what their intentions for the demonstrations are.” In the survey, the organization also called on city administrations to share tactics. “Please describe any strategies or tactics your city is employing in responding to Occupy-related events, including an assessment of their effectiveness if possible.” The U.S. Conference of Mayors has quietly led efforts to coordinate city responses to the Occupy Wall Street movement, the records show. These documents — which comprise emails to local D.C. officials — appear to contradict previous statements in which mayors denied any sort of group strategy sessions. In early November, Oakland’s Mayor Jean Quan created a firestorm after admitting in an interview that she had participated in one of the group’s conference calls on Occupy. The call, she said, included 18 other cities. As one city encampment after another was razed on similar pretexts, activists charged that Quan and other big city mayors were colluding against them. Mara Verheyden-Hilliard, the executive director of the Partnership for Civil Justice Fund, has obtained her own set of conference-call related documents and says the mayors’ conference is an active participant in setting the stage for the camp raids. “These are sessions that were intended in assisting cities in creating the public pretext for the eviction of the encampments,” Verheyden-Hilliard said. “I think they tried to play a fairly covert role in what was an extremely significant nationally coordinated effort to shut down the occupations.” The participating mayors downplayed the calls as “general information sharing.” After the news of the Quan call broke , a spokesperson for Portland Mayor Sam Adams described one call as a mere “therapy session” during an interview with MSNBC. But in promotional letters and emails obtained by HuffPost, the Conference of Mayors pitched the calls as far more substantial. In a Nov. 10 email, Tom Cochran, CEO and executive director for the conference, hyped a follow-up conference call led by Philadelphia Mayor Michael Nutter. Cochran wrote that the call “will enable more mayors and police chiefs from across the country to participate in the discussion, sharing information about the situation in their cities, their concerns, and the strategies that are working.” Cochran went to write that regular Occupy-themed conference calls were being arranged. “We also agreed that the Conference of Mayors will host regular conference calls of mayors and police chiefs on the impact of the Occupy Movement in cities for as long as we need to,” he wrote. In his own letter outlining an upcoming session, Mayor Nutter wrote on Nov. 8 that the discussion would “cover what has been happening in cities, costs incurred, issues that have arisen, and strategies being employed to respond. It will also provide an opportunity to discuss what cities can expect in the future, and the best ways to minimize any problems.” The U.S. Conference of Mayors refused comment and deferred all questions to its participating mayors. Nutter’s office did not respond to a request seeking comment. Pedro Ribeiro , D.C. Mayor Vincent Gray’s communications director, said he remembers city police officials and representatives from the Office of the Attorney General participating in one call in mid-November. Emails show Attorney General Irvine Nathan was on one call with Nutter. D.C. Metropolitan Police Department spokeswoman Gwendolyn Crump told HuffPost that Chief Cathy Lanier “participated in many calls about this issue.” The U.S. Conference of Mayors may not have just been assisting with strategies, but may have also been seeking to compile evidence for the argument that Occupy cost cities. During the back and forth over the survey questions with D.C., Occupy-related costs rose dramatically. As Verheyden-Hilliard pointed out in a piece on her organization’s website: “The Mayor’s Office’s cost estimates rose from $21,000 (as of 10/19) on November 15, to $894,000 on November 18 to $1.1 million in MPD costs on November 22 to $1,579,000 on December 1.” Verheyden-Hilliard says the D.C. numbers are bogus. “These are not real numbers,” she tells Huff Post. “These are numbers that are being created because they want to dramatize the cost to D.C.” Ribeiro blames the steep cost increase on confusion over what was an Occupy cost versus what was a non-Occupy cost. “The MPD wasn’t giving the full tally,” he says. In a Nov. 15 email to the Associated Press obtained through the FOIA request, Gray spokesperson Doxie McCoy wrote that the Occupy costs came to $21,000 as of Oct. 19, with less than $1,000 spent on police overtime. But even that number may have been high. It was difficult to tell what was Occupy-related expenses and what were normal city expenses such as trash pick up and traffic control. Of the $21,000, McCoy wrote: “These are not additional costs because city agencies are performing normal daily duties.” Crump repeated this sentiment to an Examiner reporter, the FOIA documents showed. “The majority of the costs are budgeted in the local budget,” she emailed. “The overtime costs are manageable, at this time.” A week after the D.C. mayor’s office received the conference’s survey, the group emailed Gray’s office again. They’d received the survey answers. But they had one problem. “With calculus you gave us, DC through MPD has spent about $65,000 since demonstrations began Oct. 6,” wrote Laura DeKoven Waxman, the conference’s director of public safety. “That seems low to me, so wanted to make sure it’s correct.” D.C. government then coughed up the bigger $1.6 million cost figure. The jump did not produce any skepticism from Waxman. “I’ll make sure to replace DC’s previous responses,” she wrote in an email to the mayor’s office and Chief Lanier. “This will be especially helpful as we try to show what the Occupy Movement is costing cities.”

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IT’S OFFICIAL: Condoms Are Now Required In Porn

January 25, 2012

LOS ANGELES — Actors in adult movies filmed in Los Angeles will be required to use condoms under an ordinance signed into law by Mayor Antonio Villaraigosa, and porn industry leaders say the regulation could lead them to abandon the nation’s porn capital. The law, signed Monday, will take effect 41 days after it is posted by the city clerk, something that could happen as early as this week. Officials with the AIDS Healthcare Foundation, which lobbied for years for such a law, expressed jubilation Tuesday and said they would now turn their attention to getting a similar condom requirement adopted elsewhere. “The city of Los Angeles has done the right thing. They’ve done the right thing for the performers,” said Michael Weinstein, president of the AIDS Healthcare Foundation, which had pushed the measure for six years. He said its adoption is crucial in protecting adult film actors from HIV and other sexually transmitted diseases. Weinstein said his group’s next move will be to get Los Angeles County to adopt a similar measure for its unincorporated areas. The group is in the midst of a petition drive to put the issue on the ballot, but Weinstein said he hopes the county’s Board of Supervisors will react as the Los Angeles City Council did and pass such an ordinance itself. The council gave its final approval last week. Industry officials estimate as many as 90 percent of the porn films produced in the United States are made in Los Angeles. Most are filmed quietly in the city’s suburban San Fernando Valley. After the council’s action, several of the industry’s biggest filmmakers said they might consider moving just outside the county. That prompted Simi Valley Mayor Bob Huber to announce last week that he would ask the city attorney for his community, located just across the county line from the San Fernando Valley, to write a similar ordinance. Weinstein said Tuesday his group would also be vigilant in keeping track of where porn producers might go. Exactly how the law will be enforced is still to be determined. It calls for makers of porn films to pay a fee, the amount still to be determined, that would be used to pay for spot checks at filming locations. The City Council is creating a committee to determine the amount of the fee and who would make the spot checks. Weinstein said he envisions enforcement would fall on nurses or other public health providers. “It is not anticipated, based on what we desire or what has been discussed, that it would be uniformed police officers,” he said. Weinstein said he would be open to working with industry leaders to enforce the law. He noted the ordinance does not require condoms when oral sex is involved because his group, which originally crafted it, agreed with the filmmakers that infection through oral sex was not as great as through other sex acts. The industry already requires that actors be tested for HIV every 30 days, and filmmakers say they believe that is sufficient. “It’s not that I don’t doubt the sincerity of their desire to protect the talent. And believe it or not, we have the same ambition,” Christian Mann, general manager of Evil Angel Productions, said last week after the council’s vote. “We just don’t believe their way is the best way,” added Mann, who is also on the board of directors of the industry trade group the Free Speech Coalition.

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Green Building Trends For 2012

January 24, 2012

From Earth Advantage Institute : Earth Advantage Institute, a nonprofit green building resource that has certified more than 12,000 homes, announced its annual prediction of 10 green building trends to watch in 2012. The trends, which range from a boom in certified multi-family construction to the advent of consumer friendly home energy technology, were identified by Earth Advantage Institute based on discussions with a broad range of audiences over the latter part of 2011. These sectors included policymakers, builders, developers, architects, real estate brokers, appraisers, lenders, and homeowners. “While the economy has not been kind to most new home builders, we have seen a surging interest in home energy management and energy improvement among homeowners,” said Sean Penrith, executive director, Earth Advantage Institute. “Those builders and remodelers who have adopted a transparent green message have been quite successful.” List and captions courtesy of Earth Advantage Institute .

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Judge Refuses Retrial For Former Powerbroker

January 24, 2012

CHICAGO — A federal judge denied a retrial Tuesday for longtime Illinois powerbroker William Cellini, rejecting arguments that he didn’t get a fair trial because a juror lied about her criminal past during jury selection. Judge James Zagel issued his ruling in what has been seen as the last trial to grow out of a decade long investigation of ex-Gov. Rod Blagojevich. The ruling comes after jurors convicted the Springfield Republican of conspiring to shake down the Oscar-winning producer of “Million Dollar Baby” for a contribution to Blagojevich’s campaign. Defense attorneys had demanded a retrial, citing post-trial revelations that one juror lied about her criminal history and thereby denied Cellini a fair trial. It wasn’t discovered that she apparently had lied until after the trial ended in November. But prosecutors had argued there was no proof she was biased or performed her juror’s duties poorly, despite any lies. In such cases, judges are normally reluctant to overturn verdicts, and usually want clear evidence a juror’s behavior directly affected the trial’s outcome. Defense attorney Dan Webb argued in a hearing last week that the juror’s lies created a built-in bias against his 77-year-old client, telling Zagel that it would be wrong to allow a verdict to stand when someone so flawed sat in judgment of Cellini. “We can’t be saying in this country that if a juror deliberately lies that … unless I can show actual bias, that I can’t get a new trial,” he said. A prosecutor countered that whether the juror lied or not, there’s no proof she was biased against Cellini or that she skewed the jury’s eventual finding that he conspired to extort a Hollywood producer for a contribution to Blagojevich’s campaign. Prosecutor Chris Niewoehner also argued that proceedings shouldn’t be dragged out so long after jurors rendered what he said was a proper verdict. “There is a strong (public) interest in finality here,” he said. “This was a fair trial.” Cellini, once known as the King of Clout in Illinois for the influence he wielded in the corridors of state power, has attended hearings on the case in Chicago. The multimillionaire businessman appeared relaxed but engaged last week as the sides delivered their arguments. During a contentious evidentiary hearing earlier this month, the juror, Candy Chiles, bristled under tough questioning by Webb. “I’m not under trial,” she snapped. “I haven’t did anything wrong.” At one point, she stormed from the room yelling, “Leave me alone!” Chiles admitted she gave inaccurate answers during jury selection when she said she didn’t have any convictions. She had pleaded guilty in the 1990s to felony drug possession charges and in 2008 to felony aggravated DUI. At that hearing, she offered scant explanation for why she didn’t reveal her convictions. In a filing last week, the defense said Chiles “lied because she could not care less about the integrity of the justice system.” But Niewoehner said Friday it’s unclear she lied deliberately, saying Cellini’s attorneys were holding her to too high a standard. “They’re demanding she act like a lawyer, think like a lawyer, speak like a lawyer,” he said. “She’s not a precise person, that’s clear.” He added there were no reports that Chiles ever acted inappropriately in any way during the trial itself or during deliberations. Cellini faces up to 30 years in prison for conspiracy to commit extortion and aiding in the solicitation of a bribe.

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Eliot Spitzer: Mitt Romney’s State of the Union Challenge on the Mortgage Crisis

January 24, 2012

Finally, a presidential candidate came out and honestly addressed the biggest problem in our economy, the enormous debt overhang in our mortgage market. A few days ago, Mitt Romney was at a forum in Florida talking about foreclosures, and his comments were actually refreshingly honest about our housing and banking situation and the need for a debt write-down . We’re just so overleveraged, so much debt in our society, and some of the institutions that hold it aren’t willing to write it off and say they made a mistake, they loaned too much, we’re overextended, write those down and start over. They keep on trying to harangue and pretend what they have on their books is still what it’s worth. Mitt Romney was pointing out that the banks are carrying debt on their books at inflated values. When was the last serious politician to make that point, openly? There’s more. In some cases, if the debt is not in something you can service, it’s like you have to move on and start over away from those debts. It’s helpful if you get an institution that’s willing to work with you, but if you don’t you have no other option. Romney is now saying that if you can’t pay your debts and your lending institution won’t work with you, walk away. Perhaps this isn’t so surprising, though, as Romney is an expert in debt restructuring. This is actually just common business sense. And finally, he offered a real solution to the mortgage debt crisis. The banks are scared to death, of course, because they think they’re going to go out of business… They’re afraid that if they write all these loans off, they’re going to go broke. And so they’re feeling the same thing you’re feeling. They just want to pretend all of this is going to get paid someday so they don’t have to write it off and potentially go out of business themselves.” This is cascading throughout our system and in some respects government is trying to just hold things in place, hoping things get better… My own view is you recognize the distress, you take the loss and let people reset. Let people start over again, let the banks start over again. Those that are prudent will be able to restart, those that aren’t will go out of business. This effort to try and exact the burden of their mistakes on homeowners and commercial property owners, I think, is a mistake. This is the right approach to the problem. If you force the banks to recognize losses on the mortgage debt they are holding, then all of a sudden they will have an incentive to write down debt. Otherwise, a bank will do anything it can to maintain the fiction that the debt is worth 100 cents on the dollar, including lie, harass, and robo-sign. There are ample reasons for cynicism, the cup overfloweth with them, perhaps. Still, what’s shocking about these comments is how casual they are, as if it’s common knowledge that the banking system is still insolvent and that our debt loan cannot be paid back. Among financial elites, it in fact is common knowledge. Tim Geithner noted this when he talked about Lehman Brothers and the “air in marks” on the debt it was holding on its books. And Martin Feldstein on the Republican side and Alan Blinder on the Democratic side are both arguing for debt write-downs. Everyone knows this has to happen, that the accounting manipulation needs to stop. But Mitt Romney actually said it. We’re pretty sure that Romney will walk these comments back if necessary, since he holds positions only insofar as they are convenient. Since at that same forum he called out for praise one of the most bank-friendly state officials in the country, Florida Attorney General Pam Bondi, we can probably measure his adherence to this common-sense approach in micro-seconds. But what this episode shows is that the solutions to our crisis are understood. In the book Greedy Bastards , the question of restructuring debt is considered in detail. We need a debt deal, as Romney inadvertently noted. More fundamentally, getting rid of the accounting gamesmanship will lead to a healthier economy because it will align financial assets with real economic assets. As another example, credit default swaps are linking American banks excessively to an unstable Eurozone. Credit default swaps are in fact yet another accounting game designed to further balance sheet fictions. Dick Grasso offered his solution to this obvious problem. We can, according to Grasso, simply declare these contracts online gaming, and void them. What Americans should be taking from this episode is that finance, while complex, is not conceptually hard. If it’s a lie on the balance sheet, it’s going to be destructive to ordinary people. If you stop the balance sheet lying, the economy will do better. But while Mitt Romney might have said this out loud, they all know it behind closed doors. Our question is, who will be the first to make this a policy reality?

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Dinesh Moorjani: Why Wall Street’s Loss Is New York’s Gain

January 19, 2012

A flower has grown from the ashes of New York’s financial industry meltdown. That flower is the innovation economy of New York — and it’s here to stay.  Here’s why: Brain drain. For many years we have heard of brain drains. Over the past few decades, the best minds from around the world came to America from abroad seeking opportunities. The goal was simple: change the professional trajectory for themselves and their families. Over the past few years, however, some of the best brains have left America to return to BRIC emerging markets — Brazil, Russia, India and China — where they have built new products and companies, inventing and adapting innovations to meet the needs of their local markets and beyond. Now, we’re experiencing a local financial industry brain drain — one that doesn’t require entrepreneurs to cross an ocean, but just choose a new subway line. Talent is shifting away from Wall Street to Chelsea, Flatiron, Fashion District, Midtown New York and other tech center hubs, and it’s the best thing that has happened to New York City in the two years. It’s happening both by circumstance and by choice. Many of our country’s brightest minds, from engineers to economists, have applied their skills to reap financial gain on Wall Street. With its big entry-level salaries and promise of riches, America’s youth had built a career around trading and financial engineering to create, and in some cases, to harvest value via transactions.  While China expanded a robust manufacturing sector and India transplanted and replicated software and services innovations, America’s best and brightest were building new asset transactions and packaging and distributing risk. In essence, we as a nation have trained our best people to transact value instead of build value.  That is, until now.  Wall Street is contracting, continuing to cut its global workforce and it’s a surprising boon for the nation’s long-term prospects. Now the great minds of America are bypassing dreams for Wall Street and thinking about how to create new businesses that can have global impact in everything from green technology to social media to retail. The Wall Street contraction and self-initiated flight is our collective gain. New York’s tech sector is flourishing. Incubators, seed funds and diversified media companies are increasing their willingness to provide needed resources and capital. Those same capital sources that traditionally injected Wall Street are turning their attention to technology innovation, including startups, or in some cases the startup studio apartment. According to The MoneyTree Report from PricewaterhouseCoopers and the National Venture Capital Association, New York firms received $891 million in funding during the third quarter of 2011, which represents the largest amount since the first quarter of 2001, when $1.4 billion was invested here. What’s perhaps even more interesting to note is that while New York’s star is on the rise, the rest of the U.S. faces uncertainty, marked by a 53% decrease in new funds when compared to the third quarter of 2010. Within this new climate have emerged some of the more well-heeled start- ups. Foursquare is one of the shining examples. So far they’ve landed over $70 million in funding to date, and have more than 70 employees on staff. Other New York-based firms like Tumblr, Buddy Media and ZocDoc have all pulled in over $50M each. More capital doesn’t equate to better startups or a healthy environment, but it does demonstrate a shift in confidence to invest in NY tech startups that need larger sums of money, with commensurate risk, to achieve their goals. If you ask many of New York’s tech entrepreneurs, they will tell you they had expected to take financial services jobs, historically had Wall Street jobs, or planned to find innovation somewhere else like Silicon Valley, Boston/Cambridge, or in pockets of Austin or Los Angeles. But now opportunities are more geographically democratized, most notably in NY. The avenues to discover these tech startup opportunities have also proliferated – seed funds, incubators, innovation programs, and job fairs – just to name a few. The Silicon Valley Talent Fair (SVTF) is one example that featured over 100 start-ups looking to mine new talent. NYC Start-up Job Fair is another that had their first show in April and again in November, attracting more than 750+ job seekers and more than 80 New York start-ups.  The pay-offs have been immediate. Start-ups like Ideeli (one of the sponsors of the Silicon Alley Talent fare) launched in 2007 with five employees, but now has more than 200 with plans for additional hiring. The cumulative effect hasn’t been on jobs creation alone, but other sectors have shown unexpected profits.  Take the rental market, for example. While in many areas of the country real estate prices have tumbled, technology centers like New York residential, and some pockets of commercial real estate rentals, have increased. According to a Prudential Elliman report released in October, the average monthly rent for a Manhattan apartment increased 6.9 percent from the third quarter of 2010, while rental price per foot ballooned to $50.60, a 13.6 percent gain. And that’s just the tip of the iceberg. Cross-pollination between the public and private sector is expanding. Mayor Bloomberg has taken a more active role in helping to fuel innovation in New York, and consistently demonstrates an eagerness to catapult the city into a world leader in technical business capital. He created a new reality series on BloombergTV called TechStars, and his efforts to intensify New York’s talent included a request for proposals from major universities around the world to help build the next great engineering campus. Late last month, Bloomberg chose the plan, put forth by Cornell University and the Technician Institute of Technology of Israel, to build a 2 million square foot science and engineering campus on Roosevelt Island. Bloomberg estimates that the campus, slated to be open for students by 2017, will produce 600 start-up companies and will spin out thousands of jobs. My tech incubator, Hatch Labs, an entrepreneurial sandbox creating innovative mobile products for 5 billion people with wireless access — in partnership with IAC and Xtreme Labs, recently participated in the IAC Fellowship program with NYU’s ITP. The ITP Fellowship Program is designed to foster innovation and entrepreneurship in interactive media. As part of the year-long program, IAC has committed $250,000 to support top post-graduate students from the School’s Interactive Telecommunications Program (ITP).  The goal is to have IAC Fellows work directly with IAC mentors, leading business and strategy executives at the company and its brands, to discuss ongoing research, tackle challenges, and build a framework for a sustainable and successful career, post-fellowship. Other seed funds (“slash” incubators) like Y-Combinator offer a mentorship program, where they have move New York start-ups to Silicon Valley for three months and refine their pitch to investors. With deepening partnerships between education and the corporate sectors, and shifting of resources, talent and capital to New York and other technology hubs, we have begun to cement a culture of tech startup sustainability. It’s still early, but there’s good reason to believe that Wall Street’s contraction may have had the reciprocal effect of creating a booming start-up scene New York, which has spilled over to the rest of America. As for ex-financial services professionals that have fallen victim to the financial crisis, the best chance for applying their creative juices and work ethic may just might be off Wall Street and up Silicon Alley. It’ll be an unexpected reverse commute for many, but one that could very well create stability for our nation’s economy, while helping accelerate our country’s creative and social capital.

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Family Business Made It Big With Guardian Angel’s Help

January 19, 2012

CHICAGO — When Steve Koch moved to Chicago after graduating from the University of Nebraska’s design school, he had little more to his name than a r&eacutesum&eacute, a roll of quarters and a dream of running his own family business. He dove headfirst into the city’s bustling, albeit exclusive industry of furniture design and craftsmanship. Luckily for Koch, he also crossed paths with a wealthy philanthropist who was inspired by his work. Their friendship developed into a partnership that allowed Koch to build his company his way. Now a nationally recognized high-end design firm, one of the few with a team of artisans and specialists who handcraft their pieces, Tru Furniture represents a true Chicago success story. And Koch is working side by side with his son. How did you get started in this business? How long have you been making furniture? I’ve been in the business now for about 26 years. For 21 years we’ve been on our own. We got started thanks to the most wonderful, wonderful person, a philanthropist who prefers we not name her, but who’s a landmark herself as a Chicagoan. We were working on her home up in Winnetka, and just in passing she said, “If I could ever help you out someday, it’s been a pleasure working with you. Let’s get together, and I can help you out.” And you know, being 27 years old at the time, I said, “OK, thanks,” and went on my way. A couple of months after that, a light bulb went off over my head, and I thought I’d see if she remembered who I was and maybe take her up on her offer. So we made some prototypes, brought them over. We drove up to Winnetka in a van that had one window knocked out and no hubcaps. We were the epitome of a real start-up. We had absolutely no money at all. So we approached her; she liked our enthusiasm and loved the product that we had. She backed us 100 percent, with every penny that it took to get us going. So we had to learn how to run a business right from the start, hit the ground running, and she’s the one that gave us our start. Everything from there was built upon that. So after those three start-up years, how did the company grow? In our experience, it seems like there’s always one or two people who make a real huge difference. In addition to our donor, we were also really lucky for John Riccitiello and his wife. He had just moved to Chicago. At the time he was the youngest CEO of Wilson [Sporting Goods]. We were just getting by, and they came in the door and had us do their entire apartment up on Cedar Street. It was a wonderful place, and it gave us an opportunity to design about 15 to 20 pieces. That was probably one of the largest jobs we had at the time. That started putting us on the map. And after that project, we kind of never looked back. It just kept on growing from there. We always ran our company with the attitude that we wanted to do such a nice job for our clients and have everything be so perfect and wonderful for them that they’d be more than happy to pass our name along to their friends. And if we can’t help someone, we’re always more than happy to help connect them with someone who can, which is easy in Chicago. I think one of the things that isn’t known is that Chicago is probably one of the best places in the country where furniture is manufactured, and some of the best furniture in the entire country is all made here. Where can people see your work in place? Well, in Chicago, most of our work is in residences. We have products inside some of the hotels where we’ve done some lobby work. We did the spa at the Fairmont Hotel. But in Chicago we’re really known for our custom work, working directly with architects, clients and designers. That’s something that’s really exciting about our business. It’s not so much the really large projects that you would think, like the hotels, that are the interesting ones. It’s really the executive homes and some of the residences that you get to walk into that are unbelievably beautiful. To see our more notable projects … well, if you’re ever invited to the private owners level at the Dallas Cowboys Stadium, we did all the work for Jerry Jones’ wife. And the Playboy Casino in Las Vegas , we fabricated all the pieces there and the restaurant below it, Nove. That was probably my favorite project because there were a lot of things that were out of the ordinary. You know, seven-foot-tall wingback sofas, unusual fabrics like zebra, and a lot of alligator and rattlesnake. We also do a lot of work for Hyatt across the country, so there’s a lot of lobby work that you can see. Why is your business based in Chicago? Was it incidental, or did the industry draw you here? I first came to Chicago shortly after graduating from the University of Nebraska with a roll of quarters in my pocket and started making phone calls trying to kick off my career. My wife, Mary, and I had a young son, Drew, and Mary wanted to move closer to her family near here. So, with Chicago being the biggest city around, we decided this was the place to come to. All I had starting out was a r&eacutesum&eacute, a small portfolio of the work I’d done two years before that and a $25 roll of quarters, and [I] just started cold-calling designers, offering to work for them and asking them to take me on as an apprentice. I feel lucky that I landed here. Chicago is interesting for designers, specifically furniture designers, because I think it’s a well-kept secret what happens here. I don’t think anybody realizes how much is really made here. The building that we’re in right now houses different manufacturers and woodworkers. … The shop that we use is about 65,000 square feet right now, which has grown during the downturn in the economy, which is just amazing. What’s your team like? It’s all old-school, start to finish. It’s hand-tied springs. The frames are all cut by hand from handmade templates. It’s great that a lot of the guys come into our shop young, without experience in the business before, and we’re actually able to train them on what we consider to be the perfect way to fabricate a piece of furniture. Our manufacturing end is headed up by one of my best friends, Anees Jaber. Much like me, he kind of left his previous job with little more than a compressor and sawhorse and the same dream that we all had. Every person in the shop is like family. We know them all by name, and we have a great relationship. What’s your relationship like with your donor now? Does she still have a hand in the business? After about four years of working together, she kind of sent us on our way. We had a great working relationship together — we still do. She knew that she played an integral part in getting us up and going, and it came to a point where she was like, “All right, you boys are on your own.” It was kind of like leaving the nest. The help we got from her, there was no way to measure how you could pay it back. I mean, financially we paid her back, but mentally, how can you pay somebody back for giving you a chance at something that was your dream? It’s not too often that you get to fulfill something like that. There’s nothing I could ever do or say or make, anything, that could pay her back for what she did for us. We’ve done some work for her since; we built and donated all the furniture in the headquarters of a charity she’s actively involved in. She has so much going on that I’m sure in the big picture, in the big scope of her world, it was surely just one of many kind gestures. To me, it seems like the biggest thing that’s ever happened to me. It’s a relationship that’s hard to describe. When someone gives you a dream … it’s hard to describe.

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Cities Getting Hit Hardest Since The Recession: Report

January 19, 2012

Official recovery or not, it turns out that cities around the world still have a long way to go to get back to where they were before the downturn. More than half of the world’s 200 largest cities have yet to return to their pre-recession levels in either income or employment, according to a new report from the Brookings Institute . Compared to the pre-recession years of 1993 to 2007, cities all around the world are struggling, especially in North America and Western Europe. In cities like Dublin and New Orleans, income growth rates decline last year. Chinese cities, which have generally fared much better through the recession, are also seeing a drop off. Industry hubs like Beijing and Guangzhou have seen growth rates drop by over half compared to pre-recession levels. “China took proactive steps last year to cool off its real estate market, which people were concerned was facing the same kind of bubble condition as in the U.S. and Europe prior to the recession,” Alan Berube, an author of the report told The Huffington Post. “In the process of doing that it managed to cool off the economy altogether.” The Brookings findings for U.S. cities mirror other reports. Brookings, which looked only at the 57 largest cities in the U.S., found that none “had fully recovered its recession induced losses by 2011,” while and IHS Global Insight report found that only 26 of the nation’s 363 cities had returned to pre-recession levels of employment. While the Brookings report notes significant employment growth declines in cities like Las Vegas, Berube said some cities have faired better than others, a pattern that will likely continue going forward. “In the United States it will be a mixed bag,” he said. “Some places will be back to where they were prior to the recession, growing their income and employment levels — not at a rapid rate — but one that should bring unemployment down. Others are still trying to escape the vortex leftover from the recession.” Here are the ten cities whose income growth has dropped most significantly since before the recession, according to the Brookings Institute :

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The Cost Of The NATO, G8 Summits

January 17, 2012

When President Obama announced that Chicago would be the first U.S. city outside of Washington, D.C. to ever host a NATO summit , Mayor Rahm Emanuel said this was Chicago’s chance to “showcase what is great about the greatest city in the greatest country.” But some residents are questioning whether hosting the NATO and G8 summits will be worth the cost to the city — and they aren’t just talking about money. The summits, which will be held May 19 through 21 at Chicago’s McCormick Place, will cost between $40 million and $65 million. The city claims those costs will be covered by private donors and federal funds , the Chicago Sun-Times reported last week, somewhat apprehensively: The guarantee that Chicago taxpayers will not be left holding the bag is a familiar one. After repeatedly insisting that he would never put a blank check behind Chicago’s failed 2016 Olympic bid, Daley offered to sign a host-city contract that amounted to an open-ended guarantee from local taxpayers. But, the Emanuel administration insisted Thursday, “That was a guarantee — not cash out of pocket. No such guarantee is required” for the NATO and G-8 summits. University of Chicago Economist Allen Sanderson told CBS Chicago Tuesday that even with private funds and federal help, the summit could be a “potential disaster.” “Again, I hope it’s not. I hope things go really well and the city gets a real positive spin from it, but if you were betting in Las Vegas, you’d bet that’s not going to be the outcome,” Sanderson told the station, adding that battles between police and protesters could once again tarnish the city’s reputation. Already, protesters are fired up over rules in a proposed ordinance that would have cracked down on activists who resist arrest or obstruct officers. The city has since removed those fine increases and other controversial measures from the ordinance. Ald. Ameya Pawar (47th), however, told the Chicago Sun-Times that some of his constituents are afraid the summits will lead to the violent clashes that came to define the 1968 Democratic National Convention . “They’re worried. What people are saying is, ‘Let’s not put laws in place that look like they’re trying to limit protests. That’s gonna inflame people,’” he said. Meanwhile, Mayor Emanuel and the city’s aldermen faced criticism from unions who have been fighting the mayor over budget cuts and layoffs. AFSCME Executive Director Henry Bayer, who received a letter asking his members to give up their raises to keep city libraries open six days per week , wondered to WLS-AM radio why private funding couldn’t be found for city libraries . The majority of city libraries were closed last Monday after the union representing city librarians could not reach an agreement with the mayor’s office on cuts to the system. “Library services are much more important to Chicago’s neighborhoods than bringing the G-8 to the city,” Bayer told WLS. “If those people can afford to put up $45 million or $60 million, which is the city’s estimate, why isn’t he out there asking them, ‘Wouldn’t you be willing to pay a little bit more — just a fraction of that $60 million — which could be used to keep the libraries open’”?

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Robert Teitelman: Starkman on the Decline of Business Journalism

January 13, 2012

The Audit’s Dean Starkman, writing the cover story in the most recent Columbia Journalism Review , has produced a longish essay that attempts to advance a critique he’s been making for awhile now. Starkman several years ago argued that business journalism, in its failure to predict the real estate bubble, demonstrated the same sort of insider corruption and myopia of, say, Wall Street and the regulators. Business and financial journalism, in short, has been captured by malign forces mostly on Wall Street and, like those dastardly political reporters, seduced by the siren song of insider access, free food and PR careers. In this new essay, Starkman takes that thesis as gospel — and in certain circles it undoubtedly is quite popular — while dismissing arguments against it as the bleating of “insiders,” who, he implies, have no interest in the public welfare. Starkman wields broad strokes like a house painter and sums it all up with sweeping certainty in the cover line of the piece: “How the business press forgot the rest of us.” Let’s come clean before we start. First, by Starkman’s definition, I am technically an “insider.” So be forewarned: Don’t believe a word I say. The Deal is a “trade” (and Starkman cannot help but use that word as if it were a disease) that reports on wholesale finance, meaning, in part, Wall Street. I worked nearly a decade at another “trade,” Institutional Investor, and learned the business at Forbes and Financial World. (I also spent some years working on two books, a long way from the calls of commerce I promise you.) Nonetheless, I will forge on. In this essay, Starkman lays out an historical schema, which suggests that business journalism struggled up a long ascent from parochial, insider concerns to the high plain of public service, only to descend again to a ditch full of grasping investors. Starkman’s evidence for all this is scanty to arguable to nonexistent; most of this historical ascent involves only The Wall Street Journal, where Starkman once worked, and which comes across as the only journalistic organ that matters — at least until things go to hell and he can blame it all on television and, bizarrely, M&A reporting. Second, a confession. I’m not absolutely sure what Starkman is getting at here. Or rather, I understand that cover line, but how all the pieces of this wandering argument, with its qualifications and asides, fit together is baffling. Starkman’s argument does mirror many of the single-cause critiques of the financial crisis: It harkens back to a purer, better time, when the public was better served, the middle class was large, factories hummed, and investigative journalism thrived. The resulting nostalgia is shin high, if unsurprising: For most of my career, journalism has been said to be in decline from vaguely better days, with the temporary exception of Watergate. In his view, this Eden appears to be the ’50s and is embodied in a single man: WSJ editor Barney Kilgore, who effectively reinvented the paper. What is remarkable here is how little Starkman has to say about this era where he believes business journalism reached out to serve the public, as opposed to insiders and investors. “Much of the business-press history since Kilgore has been one long struggle — sometimes successful — to transcend its roots as a servant to markets, and to become, in addition, a watchdog over them. The list of misbehaving industries exposed in investigations and analysis over the years by the business press — tobacco; auto; liquor; chicken plants; medical devices; even, once in a while, sort of, Wall Street — is long and impressive. Nonbusiness institutions, too, like government and unions, have come under business-press scrutiny.” What’s remarkable about this recitation is that nearly every one of these exposés could well be written for both investors and the public. Indeed, the WSJ as much as any press vehicle convinced readers that investors were the public. Eden, of course, implies the Fall. The Fall, in an historical scheme like this, suggests a conspiracy: snake, apple, woman, man — and soon you’re sweating behind a plow. (Starkman at one point cites the late Columbia University historian Richard Hofstadter on the notion of a “literate” public. Hofstadter, of course, is best known for his studies of paranoia in American political and intellectual life; he would recognize the roots of Starkman’s populist historical morality play.) What’s strangest about Starkman’s argument is his depiction of this fall, which seems to occur in the late ’90s (Kilgore died in 1967). He begins with Steve Lipin, the fine Wall Street Journal M&A reporter who established the paper as the go-to vehicle for M&A announcements in the late ’90s (“established,” because the WSJ had long had a powerful franchise in that area). Under Lipin, who, Starkman sniffs, toiled in the “trades” before somehow arriving at the WSJ, the paper dominated in deal scoops, particularly on Mondays. Lipin did excellent reporting, and the beat was a pressure cooker. But a number of these scoops were, as our own Yvette Kantrow reported over a decade ago, pretty clearly “placements,” leaked by the merging parties to get their case before an investing public. Starkman characterizes the rise of Lipin as a “divide,” as a “watershed moment” when the WSJ abandoned its interest in reporting for the public to reporting for “insiders” — who he later inflates into “investors.” Others, he adds, traveled the same path: Will Lewis, who broke some deals for the Financial Times around that time in New York (but whose real contribution was to use the Web to publish scoops in real time, thus undercutting the WSJ, which chose to wait for the paper), and The New York Times’ Andrew Ross Sorkin, who built his career on M&A. What he doesn’t mention is that as important as M&A scoops were to the WSJ, they were just one part of an increasingly complex and varied paper — and one reaching out with some desperation to a more diverse readership. What he also doesn’t say is that era of frenzied competition for deal scoops ended somewhere in the early-2000s, when the market no longer reflexively rewarded M&A deals. It hasn’t returned. Lipin left the WSJ for deal PR at Brunswick before then. M&A plays a relatively minor role at the Murdoch-era WSJ, which in Starkman’s logic of descent, would represent a new low. Starkman leaves out much of the context around that late ’90s period. Lipin seems to come from nowhere. In fact, Lipin was riding a powerful bull market, driven in part by expanding M&A activity that had been growing since the late ’60s, most spectacularly in the ’80s. By the late ’90s, M&A was a big business — big enough for our founder, Bruce Wasserstein, to start a paper, The Daily Deal, dedicated to it in 1998. (Starkman believes all M&A is bad, but that’s another matter.) But it wasn’t just the growth of the business. It was the fact that equity markets were exploding, in large measure not because of M&A, but because of the high-tech and Internet boom. Starkman makes a lot of the “insider” (meaning Wall Street) connotations of new-media vehicles like Jim Cramer’s “The Street,” “Fast Company” and “MarketWatch.” But he ignores the larger trend: They were all tossed up not by Wall Street but by tech mania, joining the big three business magazines and an entire business magazine segment in California (“Upside,” “Red Herring,” “Business 2.0″ and “Industry Standard”) in the unseemly, and ultimately destructive, stampede to embrace tech. These magazines were stuffed with tech advertising and catered to a huge readership enamored of dot-coms, IPOs and the Internet. They could care less about M&A scoops. This brings us to Starkman’s second snake in the grass. If Lipin was a sign of decline, CNBC comes off as the veritable Great Satan. Starkman takes the fact that CNBC used the daily drama of the stock market and turned it into a sporting event (creating “stars” like Maria Bartiromo who in Starkman’s scheme is analogous to Lipin and represents “something changing in the culture”) and decides it poisoned — corrupted — business journalism. It was all CNBCs fault! CNBC is responsible for the short, fragmentary, “granular” dispatches shorn of context that Starkman now sees taking over the business and driving out what little reporting and explanatory journalism for the “public” that existed. CNBC was the death knell of long-form feature writing and investigative reporting. By extension, CNBCification was responsible for missing everything from the dot-com bubble to subprime. CNBC was the thread to an even later villain, Cramer, and to the famous Jon Stewart evisceration, which Starkman interprets as fingering “the fundamental tension of the age” between investors and the public. Did I miss something in the famous episode of “The Daily Show”? All this is remarkably simplistic and wrong. True, CNBC was built (by evil Republican Roger Ailes, now a Murdochian) for an investing audience — and its 200,000 or so daily viewership is decent for cable, though hardly mass. It wasn’t the first market show on cable or the first show for investors; hello Lou Rukeyser on, of all places, PBS. Yes, it tends to be discursive, fragmentary and episodic, occasionally shallow or myopic (after all, it’s just stocks). It’s television! Besides, business and financial journalism has been shaped by investors, as even Starkman admits, not just for decades but for centuries. Starkman’s potted history of relations between the early press and business and finance may be generally true, but he makes the 17th century resemble today as he searches for the original sin. Most early papers (they were really newsletters, he says: trade again) were designed not to inform markets but to report on maritime matters. This makes sense, since most of their readers lived in ports. Publications, which are commercial vehicles after all, usually have a defined audience in mind, though they vary. Henry Luce aimed Fortune at senior corporate executives; BusinessWeek traditionally targeted managers; Forbes and Barron’s sought investors. Before, during and after Kilgore, the WSJ had a strong investor tilt. Kilgore’s leaders might have been longer, more sophisticated and better, but its readers remained mostly investors, not some broad “literate” public. Local newspapers had little business coverage that mattered, and increasingly embraced personal finance. And The New York Times and Washington Post business sections shared the investor tilt, as did, before that, the old Herald Tribune. And why not? Sports stories are not written for foodies. The largest population of people interested in business and finance tend to be investors. Local business pages don’t focus on personal investors because Bartiromo is sexy but because that’s what they think folks want. This is surprising or a sin? Moreover, Starkman blithely skips across what’s by far the most powerfully destructive (and yes: creative as well) trend to traditional narrative journalism: the Internet. Business and finance journalists don’t sit around and say: I must be fragmentary and fast to compete with David Faber on CNBC. No, the advent of the Internet, with its explosion of choices and its tyranny of real time, has eroded long-form and rewarded the quick hit, the 24-hour news cycle, the fact or factoid over the considered analysis. It has hollowed out mainstream publications, including the WSJ. It has disrupted everything. This is reality. Television, with its own narrow-casting pressures, sits over there, another world. Right in front of most of us, every single moment, is the pressure of competing in a digital world where information is a commodity and you’re only as good as your last scoop or last insight. That’s not all that’s out there, but it’s a predominant theme. (So is opinion, fast and loose, not unlike The Audit or this blog.) This, not CNBC, has destroyed vast swaths of traditional business coverage, particularly in those general-interest vehicles that once spoke, for good or ill, to a general public. This is like paying attention to a case of the sniffles when the bubonic plague is racing through town. But even that metaphor mischaracterizes — demonizes — what’s going on. It’s different. But it’s way too soon to tell if it’s a disaster. Starkman is right about one thing: “Investors” are not the same as the “public” (just as, by the way, Wall Street is not the same as money management or private equity or commercial banking), although as Kilgore recognized — and it has since greatly increased — there’s a sizable overlap. The notion that investors are a proxy for the public stems from two great periods of financial reform: the New Deal in the ’30s, when the Securities and Exchange Commission was set up expressly to make markets safe for investors, and the mid-’70s deregulation of Wall Street, which liberated brokerage commissions and saw the passage of Erisa. Starkman manages to write this entire essay, citing Joe Nocera’s book on the rise of personal finance, without mentioning the shift from defined benefit to defined contribution retirement plans, which drove millions of Americans into equity markets in the ’80s and ’90s. This is like missing the Internet. Given that tidal shift, he never bothers to examine exactly how much “investors” have come to make up of the “public.” He is quite right that there are stories that can be investigated about issues of import to the broader public and not investors. But that gap has shrunk. Who exactly is the rest of us? Do they consume journalism at all? How can they be reached? And, as the business and financial world has grown more complex and global, can we effectively bridge that chasm between the complex realities at play and potential readers who know little, have lost the habit of consuming “serious” journalism and have a million other distractions as near as their cellphones. We can all agree that business journalism can be improved. I have my own kit bag of concerns and fears. But Starkman seems to suggest that reforming journalism shouldn’t be all that hard — that it’s really a matter of realizing what’s gone awry and doing good, of reviving an imagined past. It’s infinitely more difficult than that — and it always has been. The notion of a “public good” is hazy and subjective and the province of demagogues and ideologues. Journalism is inevitably a commercial product and must be sold to an audience to survive — never more than today. You cannot force people to read or to understand. These subjects are complex and dynamic. It is exactly like not only recognizing a bubble (no trivial task) but also then managing to convince the world of it: easy in hindsight, fiendishly difficult in real time. But perhaps that’s just the insider in me talking. Cleanse the soul and Eden beckons again. Robert Teitelman is editor in chief of The Deal magazine.

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Bank Learns Not To Mess With Occupy Atlanta

January 13, 2012

A 108-year-old church threatened with foreclosure got a last-minute reprieve thanks to the efforts of Occupy Atlanta, whose members staged a protest at the church and convinced the bank to delay foreclosure until another payment plan could be reached , CBS Atlanta reports. The church, Higher Ground Empowerment Center, has been struggling to retain members and raise funds for renovations after being significantly damaged by a tornado that ravaged downtown Atlanta in 2008. Church leaders took out a huge loan with BB&T in Atlanta to cover repairs, but keeping up with the payments became increasingly difficult as membership numbers continued to fall. They eventually decided to try refinancing the loan, but were disappointed to learn they would be evicted if they couldn’t raise enough money to avoid foreclosure. That’s when pastor Dexter Johnson called up Occupy Atlanta, asking for help in convincing the bank to reconsider its decision. Protestors staged an occupy-style protest on Wednesday, moving onto church property with signs and tents. Later that day, the bank decided to delay foreclosure hearings and work out a payment plan. Occupy Atlanta’s protest follows a recent wave of anti-foreclosure campaigns that use occupy movements to delay home foreclosures. Dec. 6 marked the official launch of Occupy Our Homes, an anti-foreclosure campaign activists say could become one of the most important efforts of the Occupy movement. “The defense of homes from foreclosure and forcible eviction could cement OWS’s relevance in a new post-encampment period,” Peter Rothberg wrote in The Nation . “Hopes are riding high that the day can galvanize a new frontier for the occupy movement: the liberation of vacant bank-owned homes for those in need.” Occupy Our Homes has caught on in cities around the country as protestors stage sit-ins at foreclosed properties. AOL Real Estate reported on Minneapolis man Bobby Hull , a Vietnam vet forced out of work by war injuries who faced foreclosure last year after falling behind on mortgage payments. Hull reached out to Occupy Minneapolis, and activists continue to protest the bank ahead of the scheduled February eviction. “It’s been a big relief,” Hull told AOL Real Estate regarding the help he’s received from Occupy activists. “I’m not trying to have false hope. But I’m hopeful.”

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Foreclosure Filings Fell Steeply In 2011, Little Consolation For Struggling Homeowners

January 12, 2012

Foreclosure filings fell dramatically last year, according to a report released Thursday. Several prominent economists said the news was a sign that the housing market could be stumbling toward recovery. “There’s light at the end of this very dark tunnel,” said Mark Zandi, chief economist at Moody’s Analytics. But don’t break out the champagne just yet. Zandi explained that there’s still a mountain of foreclosures to work through. And there are millions of Americans living in limbo, reeling from the lingering affects of the housing crisis and waiting to see if they will lose their homes. The number of homes with foreclosure filings plunged 34 percent to 1.89 million in 2011, according to RealtyTrac, a real estate site that tracks such filings. Total foreclosure activity was at its lowest yearly level since 2007. “This long, painful correction is not over yet, but probably mostly behind us,” said Jared Bernstein, senior fellow at the Center on Budget and Policy Priorities and a former Obama administration economic adviser. “There was a time when housing was driving the economy down. We’re more in a situation where the economy is driving housing down.” It is difficult to “achieve economic liftoff” until house prices hit bottom, Bernstein added. Though there is still downward pressure on housing prices, “we are getting closer to digging our way out.” The decline in foreclosures was mainly due to banks’ hesitance to foreclose on homeowners in the first half of the year, as the so-called robo-signing crisis played itself out, said RealtyTrac chief executive Brandon Moore in a statement. By the end of 2011, he said, that had changed. “There were strong signs in the second half of 2011 that lenders are finally beginning to push through some of the delayed foreclosures in select local markets.” Zandi noted that the number of 30- and 60-day delinquencies has fallen substantially and that demand for homes is starting to grow, but added that it still will take four to five years for the housing market to become “well-functioning” again. That’s a long time for the 1 in 5 homeowners who remain underwater on their mortgages, owing more than their houses are worth. Many homeowners are in limbo as banks try to determine whether to offer modifications on their loans or foreclose on them. Some experts said that the number of foreclosures has declined because there simply are fewer delinquent homeowners. Banks have been slow to offer loan modifications because the mortgage servicing operations were set up like remote call centers, and banks have to organize the paperwork, said Dean Baker, co-director of the Center for Economic and Policy Research, adding that recently they have become more willing to facilitate modifications, lowering the number of foreclosures. Banks have realized that they may not make much money selling a foreclosed home in a depressed housing market, he said. It is helpful for families to be able to spend more time in their homes as banks delay foreclosure since they can find decent alternative living arrangements in the meantime, Baker said. “If you’re living out of your car, you may end up losing your job,” he said. “You come to work not having showered.” Servicers have been slow to foreclose because they are not timely in processing anything, said Diane Thompson, a lawyer at the National Consumer Law Center. There could be a double dip in the foreclosure crisis as banks step up foreclosures in 2012, she said. For homeowners in limbo, “it’s extremely emotionally stressful,” Thompson said. “Lots of people lose their jobs, and marriages fail … The fees will continue to mount … Delay makes a loan modification harder to get for most homeowners because it makes it more expensive.”

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