reputation

Galleon Scandal Scorecard: Hedge Funds, Traders, Lawyers and `Octopussy’

November 7, 2009

By Bob Van Voris Nov. 7 (Bloomberg) — Twenty people, including Galleon Group LLC co-founder Raj Rajaratnam, have been criminally charged in what federal authorities call the biggest prosecution of alleged hedge-fund insider trading in the U.S. Prosecutors in Manhattan say they have evidence from wiretaps, trading records and cooperating witnesses to prove widespread trafficking in illegal insider information. Except for those who have pleaded guilty, all those charged have denied wrongdoing and are free on bail. One suspect remains at large. The most prominent executive linked to the case, former Advanced Micro Devices Inc. Chief Executive Officer Hector Ruiz, hasn’t been charged. Those involved in the case include: Raj Rajaratnam : Galleon co-founder Rajaratnam, 52, was arrested and charged Oct. 16 with making millions of dollars by trading on insider information. Rajaratnam, born in Sri Lanka, earned a degree from the University of Sussex, England, in 1980, and an MBA in Finance from the University of Pennsylvania’s Wharton School in 1983. Rajaratnam lives in New York. Roomy Khan : A former employee of Intel Corp., Khan, 51, was convicted of wire fraud in 2001 for passing inside sales information to Galleon. She worked for Galleon in the 1990s and tried to rejoin the firm in late 2005. She has agreed to plead guilty to charges of conspiracy and securities fraud. She is cooperating with federal authorities. She lives in Fort Lauderdale, Florida. Deep Shah : A former analyst at Moody’s Investors Service, Shah, 27, is alleged to have given insider information to Khan, including Hilton Hotels Corp.’s impending takeover by Blackstone Group LP. Federal authorities believe he is now in India. Rajiv Goel : Goel, 51, a former Intel Capital employee, was arrested and charged Oct. 16 with passing inside tips about Clearwire Corp. and Intel earnings to Rajaratnam. He lives in Los Altos, California. He has an MBA in Finance from Wharton and is a friend of Rajaratnam. Danielle Chiesi : Chiesi, 43, was a consultant at New Castle Funds LLC, a former Bear Stearns Cos. hedge fund. She was arrested and charged Oct. 16 with insider trading. Prosecutors claim she passed tips along to Rajaratnam, including advance notice of a spinoff by Advanced Micro Devices. Chiesi lives in New York. Mark Kurland : Kurland, 60, co-founder of New Castle, was Chiesi’s boss. He was arrested and charged in the insider trading case Oct. 16. Kurland lives in Mt. Kisco, New York. Robert Moffat : A former executive with International Business Machines Corp., Moffat, 53, was arrested and charged Oct. 16. Federal officials claim he passed tips to Chiesi, including information about the Advanced Micro Devices spinoff and IBM earnings. He lives in Ridgefield, Connecticut. Anil Kumar : A friend of Rajaratnam, Kumar, 51, is a former director at the consulting firm McKinsey & Co. He was charged with insider trading Oct. 16. Investigators claim Kumar gave Rajaratnam inside information on the impending spinoff of Advanced Micro Devices, which was a McKinsey client. He lives in Saratoga, California. Hector Ruiz : The most prominent executive tied to the Galleon case, Ruiz, 63, is the former chief executive of Advanced Micro Devices. He is the executive prosecutors say provided insider information about the upcoming Advanced Micro Devices spinoff to Chiesi. Ruiz, who has not been charged, said he will resign as chairman of Globalfoundries Inc., the company that resulted from the spinoff, Jan. 4. He is on a leave of absence from the company. Richard Choo-Beng Lee : Lee, 53, and Rajaratnam were colleagues at the research firm Needham & Co. almost 20 years ago. Lee and Ali Far founded Spherix Capital LLC in 2008. Lee has a degree in electrical engineering from Duke University and an MBA from the University of California, Berkeley. He pleaded guilty and is cooperating with federal authorities. He lives in San Jose, California. Ali Far : Far, 47, is a former Galleon employee who founded Spherix Capital with Lee. He pleaded guilty and is cooperating with the government. Far lives in Saratoga, California. Steven Fortuna : Fortuna, a co-founder and principal of the hedge fund S2 Capital in Boston, pleaded guilty and is coopering with prosecutors. Fortuna is alleged to have traded on a tip from Chiesi about Akamai Technologies Inc. earnings. Fortuna, 47, lives in Westwood, Massachusetts. Ali Hariri : A former vice president at the semiconductor company Atheros Communications Inc., Hariri, 38, allegedly tipped Far and Lee to company earnings. He was arrested Nov. 5 and charged with conspiracy and securities fraud. Hariri lives in San Francisco. Arthur Cutillo : Cutillo, 33, a former attorney at the law firm Ropes & Gray LLP, was arrested Nov. 5 and charged with passing insider tips on deals the firm was working on involving Hilton, Avaya Inc., 3Com Corp. and Axcan Pharma Inc. Cutillo, who is alleged to have received kickbacks for the tips, lives in New Jersey. Prosecutors say he was a key source of inside information for the ring. Jason Goldfarb: Prosecutors claim Goldfarb, a 31-year-old New York lawyer, received tips from Cutillo and passed them on to Zvi Goffer. Zvi Goffer : Prosecutors claim Zvi Goffer, 33, was known within the ring as “the Octopussy,” due to his reputation for having multiple sources of inside information. Goffer, the founder of Incremental Capital LLC, previously worked at Galleon and Schottenfeld Group LLC. Prosecutors say he paid Cutillo and other tipsters and gave them prepaid mobile phones to avoid detection. He was arrested and charged Nov. 5 with fraud and conspiracy. He lives in New York. Emanuel Goffer : The brother of Zvi Goffer, Emanuel, 31, was a trader at Spectrum Trading before joining Zvi at Incremental Capital. He was arrested and charged with securities fraud and conspiracy Nov. 5. Emanuel is alleged to have traded on insider tips from Zvi. Gautham Shankar : Shankar, 35, was a trader at Schottenfeld. He pleaded guilty to securities fraud for trading on tips from Zvi Goffer and is cooperating with the authorities. He lives in New Canaan, Connecticut. David Plate : A trader formerly with Schottenfeld, Plate was arrested and charged Nov. 5 with securities fraud and conspiracy for trading on tips from Zvi Goffer. Prosecutors say he now works for Incremental and lives in New York. Craig Drimal : Drimal, 53, was arrested and charged Nov. 5 with fraud and conspiracy for trading on tips from Zvi Goffer. Prosecutors say he worked in Galleon’s office space without being employed by the firm. Michael Kimelman : Kimelman, a trader with Lighthouse Financial Group, was arrested and charged Nov. 5 with fraud and conspiracy for trading on tips from Zvi Goffer. To contact the reporter on this story: Bob Van Voris in New York at rvanvoris@bloomberg.net .

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Ford Workers Reject Contract changes

October 31, 2009

DETROIT — Ford Motor Co. workers have overwhelmingly rejected contract changes that would have allowed the automaker to cut labor costs, leaving Ford at a disadvantage to its Detroit rivals as it continues its struggle to return to profitability. The United Auto Workers union had given local unions until Monday to complete voting. But a person briefed on the voting said Saturday that the contract changes have been rejected by large margins. The person asked not to be named because the UAW hasn’t announced the results yet. The UAW and Ford agreed to the contract changes several weeks ago, but Ford workers needed to ratify them. Ford has 41,000 UAW-represented workers. Two large union locals in Kentucky and Ford’s home city of Dearborn rejected the contract Friday, sealing its fate. Those unions together represent 13,000 Ford workers. Exact tallies weren’t available, but at least 12 UAW locals representing about 27,500 workers so far have vetoed the deal, many overwhelmingly. Only about four locals with a total of 7,000 members favored the pact. Ford sought the deal to bring its labor costs in line with Detroit rivals Chrysler Group LLC and General Motors Co., both of which won concessions from the union as they headed into bankruptcy protection earlier this year. Under pattern bargaining, the three automakers usually match pay, benefits and other contract provisions. But workers weren’t convinced they should make more concessions, since Ford avoided bankruptcy and is considered healthier than its rivals. At least two Wall Street analysts are predicting that Ford could report a profit Monday when it announces third-quarter earnings. Rocky Comito, president of UAW Local 862 in Louisville, said Friday that workers felt they were being asked to sacrifice more than the company’s executives. Ford CEO Alan Mulally made $17.7 million last year, although that was down 22 percent from the year before. “Some want to see management give more at the upper level,” Comito said. Ford was offering workers a $1,000 bonus if they ratified the contract. But the contract also would have frozen entry-level pay, changed some work rules and limited workers’ ability to strike. A message seeking comment was left Saturday for the UAW. UAW President Ron Gettelfinger said Friday that there wouldn’t be a revote if the contract changes failed. “If it fails, there would be no reason to go back to the bargaining table,” Gettelfinger said at a community event in Detroit. “We have a democratic process in place. People have a right to express themselves. We recognize there’s a lot of misinformation about it out there, but that is what it is.” Factory-level union leaders have known for several days that the deal would be defeated, said one Detroit-area official who asked not to be identified because the voting is not completed. The union did a poor job of explaining the need to preserve jobs and keep Ford competitive with GM and Chrysler, the official said. He doesn’t believe members will approve any more changes until the 2011 contract, which will leave Ford at a disadvantage and has the potential to knock the company from its position as the strongest financially of the Detroit Three. “Our goal should be to keep Ford Motor Co. going in the right direction,” he said. Gary Chaison, a professor of labor relations at Clark University in Worcester, Mass., said the vote was a slap to UAW leadership. It’s extremely rare for union members to oppose the union’s recommended vote. Chaison said the vote damages the reputation of UAW Vice President Bob King, the chief Ford negotiator, who has been mentioned as a successor to Gettelfinger when the union elects a new president in 2010. “The sign of a good leader is that you can agree to something and then sell it to the membership,” Chaison said. Chaison said Ford asked for too much too soon after workers already agreed to concessions earlier this year. He also said Ford lacked credibility because its financial situation wasn’t as dire as GM’s or Chrysler’s. “They made such a strong case about not going to bankruptcy court and turning the corner, so they couldn’t go to the workers and say, ‘We need this to turn the corner,’” he said. The no votes came even as Ford reached a similar cost-cutting agreement with the Canadian Auto Workers union Friday. The CAW has agreed to cuts in benefits in exchange for product guarantees, but that agreement must be ratified by Canadian workers. In addition to the plants in Louisville and Dearborn, workers at factories in Chicago; Claycomo, Mo.; and Livonia, Plymouth, Sterling Heights, Flat Rock, Ypsilanti Township, Mich., rejected the deal. Locals in Wayne, Mich.; Cleveland; Indianapolis and St. Paul, Minn., voted in favor. ___ Associated Press Writers Corey Williams in Detroit and Janet Cappiello Blake in Louisville contributed to this report.

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Patricia Handschiegel: The New Power Girls: Influencers – Is The Company Your Company Keeps Hurting Or Helping Your Brand?

October 29, 2009

It’s a chilly fall night at Hollywood’s Roosevelt hotel as the 140 conference parties (three total!) go full swing poolside under the stars. Guests mingle and chit-chat as out of town revelers see familiar faces and catch up. Cabanas line the perimeter as wait staff deliver trays of cocktails. At a private suite to the side of the hotel’s signature pool, some of the most influential people on the city’s technology and business scene are gathered. A group of women, all friends, are perched on the outside chaise, laughing and talking business. The array of fashionable shoes proves it’s not just about substance in this town, but style as well. They’re bloggers, connectors, personalities, CEOs, founders, and execs that make business move here. As I sip from a glass of champagne, the words a friend recently said came to mind, “these are the most influential people you may not have heard of.” It got me thinking. It seems real influencers don’t need to hustle themselves constantly in the media and at conferences. Their work does the work for them. Take for example female founder and pioneering fashion media CEO Kathryn Finney of TheBudgetFashionista.com . Her reach into the market goes far past her more than 500 television and media appearances to a real, bonafide audience that respects and follows her advice. She’s a soon-to-be twice author, an in demand speaker, and advisor who knows the business because she’s done the work. She’s had the ear of major brands for longer than any fashion blog in the business. A current campaign with TJ Maxx has been underway with enormous success. New Power Girls co-creator Meghan Cleary is another – ShopNBC tapped her for a shoe line because of her solid, real position and reach among shoppers and consumers, and saw one of the highest shoe sales to date with her on board. In a market where people can call themselves “experts” without even a formal job or real work history in the industry, or deem themselves “influencers” without a real audience, people like Kathy and Meghan are the people that brands should know. In fact, companies may need to be careful more than ever before. Traffic numbers can be gamed, media coverage is as easily attained through friendships and relationships and not necessarily real demand. Brands have seen backlash for selecting who they work with, how they present their products and worse. I know of at least three cases where it cost businesses their reputation, and at least five times where conference attendees complained about a panelist speaker having little or no experience in the industry. “It’s easy for brands to be seduced by wanting to hire a celebrity (be it an actor or a well known web-brity),” said public relations guru Nicole Jordan , who has worked with some of the best brands in the market. “But the question I ask is – what does it really get you at the end of the day and does it equal credibility? Paying an ‘influencer’ to promote does not.” With out a doubt, companies should do the homework when bringing influencers and experts, from Google search and requesting references to carefully evaluating whether or not someone’s a fit for your brand. “If the social web has taught us anything,” adds Jordan. “the people who can move mountains (aside of Oprah) are your natural evangelists who want to see you succeed, and are happy to help you.” You’ll know right away who that is. Hear what Meghan and I have to say about influencers here .

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Mercedes Hands Germany Competitive Edge as Stronger Euro Divides Europe

October 29, 2009

By Emma Ross-Thomas Oct. 29 (Bloomberg) — Germany is finding quality counts when it comes to the rising euro. While its 17 percent gain against the dollar since March has been called a “disaster” by French officials worried it will dent the recovery, Germany is banking on the reputation of exports such as BASF SE chemicals and Daimler AG’s Mercedes cars. Germany sells almost a third of “high quality” European exports, according to economists at the Paris-based CEPII institute. France has 12 percent and Spain just 3 percent. Germany’s ability to cope with the stronger euro may help it pull away from the rest of the euro region as global trade picks up. Its success also highlights the risk that the currency will further widen the growth gap between Germany and nations such as Spain that were already lagging behind the global recovery and struggling with gaping budget deficits. “Historically, Germany has typically seen the strength of the currency as a sign of the economy’s strength and German businesses have not really competed on price for their exports,” said Ken Wattret , chief euro-area economist at BNP Paribas in London. “It’s much less a problem than it is for some of the other economies.” German exports may rise almost 6 percent next year, Deutsche Bank AG forecasts, compared with 4.4 percent for the euro region as a whole. French exports will rise 3.8 percent and Spanish foreign sales just 2.4 percent, Deutsche Bank says, while Italian exports may drop 3.4 percent. Worst Recession That would help Germany emerge more quickly from Europe’s worst recession since World War II. The European Commission says the economy probably grew 0.7 percent in the third quarter compared with 0.2 percent for the euro area and contractions in Spain and the Netherlands. Germany reports figures on Nov. 13. Germany has relied on exports to power its economy since the 1950s, when sales of Volkswagen AG cars and Siemens AG communications technology powered the economic boom that pulled the country out of the rubble of World War II. Germany’s share of high-end exports is almost three times Italy’s, says Professor Lionel Fontagne at the CEPII and Paris School of Economics. His research gauges the additional price customers are prepared to pay for similar products. “The kind of specialization of Germany is very much based on what we could call incremental innovation,” Fontagne said. “You keep exporting the same products, and from year to year you just improve the quality of the product.” German exporters have benefited the most in Europe from China’s emergence as the world’s third-largest economy. Last year it accounted for almost half of the EU’s sales to China and German exports to China more than tripled between 2000 and 2008. French and Italian exports doubled in the period. Overrated The euro’s strength “shouldn’t be overrated,” says Anton Boerner , head of the BGA exporters’ association. He says exports may rise as much as 10 percent next year. Other countries are striking a more alarmed tone. In France, Henri Guaino , an aide to President Nicolas Sarkozy , said on Oct. 20 the euro at $1.50 was a “disaster.” European Central Bank President Jean-Claude Trichet has also stepped up his rhetoric against the currency’s appreciation, though he’s so far stopped short of warning investors against future gains. “Excessive volatility” in currencies is “bad for economic development,” Trichet said on Oct. 19. The euro traded at $1.4796 yesterday. Stronger Currency The danger for the euro region is that the stronger currency will hurt some countries more than others. Spanish exporters are already suffering because they don’t have brands that foreigners will buy when the stronger euro makes them more expensive, said Balbino Prieto, chairman of the Madrid-based Spanish Exporters and Investors Club . “If you’re going to buy a Mercedes-Benz, you’re not going to not buy it because of a small move in the exchange rate” he said in an interview. Some economists nevertheless argue that Germany is overly reliant on exports, which account for almost half of its gross domestic product. The slump in global trade last year and earlier this year will help wipe 5 percent from GDP in 2009, according to government forecasts. “Euro strength is particularly troubling for growth prospects in euro-zone economies with high trade openness such as Germany and the Netherlands,” said Martin van Vliet , senior economist at ING Bank in Amsterdam. German exporters are also threatened by manufacturers in foreign markets. Thorsten Herdan , president of VDMA Power Systems, a manufacturers group, said in July that German wind- turbine sales in China may shrink this year amid a move toward domestic products. Export Nation Chinese foreign sales measured in dollars have exceeded Germany’s on a monthly basis since March, threatening its position as the world’s largest exporter. For now, German Chancellor Angela Merkel isn’t showing signs she’s concerned about an overdependence on exports as she prepares for her second term as chancellor. “Germany’s strength lies largely in the fact that the Federal Republic is a center of industry and that it’s an export nation,” Merkel said on Oct. 14. “All those who now say we’ve depended too much on exports are undermining our biggest source of prosperity and must be rebuffed.” To contact the reporter on this story: Emma Ross-Thomas in Madrid at erossthomas@bloomberg.net

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CIT Bonds Show Bankruptcy May Be Foregone Conclusion as Debt Exchange Ends

October 28, 2009

By Pierre Paulden and Caroline Salas Oct. 29 (Bloomberg) — CIT Group Inc. bond and credit- default swap prices show that investors are betting the 101- year-old commercial lender will file for bankruptcy after a debt exchange expires today. Since CIT Chief Executive Officer Jeffrey Peek started a $30 billion debt swap Oct. 1, the company’s notes due Nov. 3 have dropped 13 cents to 67 cents on the dollar, according to Trace, the bond-price reporting system of the Financial Industry Regulatory Authority. Holders of the $500 million in notes are being offered 90 cents on the dollar in new debt and equity in an out-of-court exchange. They would get 70 cents on the dollar in bonds and new stock in a pre-packaged bankruptcy. “We believe they will file for bankruptcy within the week, provided nothing unexpected occurs,” Adam Steer , an analyst with CreditSights Inc. in New York, said in a telephone interview. CIT, which lost $5 billion in the past nine quarters and failed to get a second round of taxpayer funding in July, is seeking to avert collapse by asking bondholders to agree to the swap or vote for the pre-packaged bankruptcy. It faces opposition from billionaire investor Carl Icahn , who says he’s the largest bondholder, with $2 billion in debt. If CIT is forced into a “free-fall” bankruptcy, unsecured claims may fetch as little as 6 cents on the dollar, Peek said. Bankruptcy Alternative If the debt swap fails, CIT plans to file for bankruptcy before $800 million of bonds mature next week , according to people familiar with the situation who declined to be identified because the talks are private. A group of bondholders that provided the emergency financing in July has always preferred a pre-packaged bankruptcy that would have the New York-based company emerge from court proceedings in 60 days, the people said. The debt-exchange offer expires at 11:59 p.m. Curt Ritter, a CIT spokesman, declined to comment. In its statement yesterday, the lender said “through the substantial deleveraging featured in CIT’s restructuring plan, whether completed in or out of court, the company is confident that CIT will emerge as a strong bank-holding company with improved capital, liquidity and earnings potential.” CIT finances about 1 million businesses from Dunkin’ Brands Inc. in Canton, Massachusetts, to Eddie Bauer Holdings Inc., the clothing chain in Bellevue, Washington, that is operating under bankruptcy protection. The company says it’s the third-largest U.S. railcar-leasing firm and the world’s third-biggest aircraft financier. Bondholder Assistance The company said yesterday it received $4.5 billion in loans from a “diverse group” of lenders, including some of its bondholders, to finance its restructuring, spurning an offer for a loan of the same size from Icahn. The money will be used to “finance a portion of the company’s existing secured indebtedness, which may come due as a result of restructuring,” CIT said in a statement. The CIT notes due Nov. 3 fell 2.5 cents to 67 cents on the dollar yesterday, Trace data show. The cost to protect CIT debt against default for five years has risen 4.7 percentage points to 38.7 percent upfront since Sept. 30, according to CMA DataVision. That means it would cost $3.87 million initially and $500,000 annually to protect $10 million of CIT bonds from default for five years. The cost of the credit-default swaps implies that traders have priced in an 86 percent chance that the company will default within five years, a standard pricing model used by Bloomberg shows. The model assumes investors could recover 40 cents on the dollar in a bankruptcy proceeding. ‘Default Is Imminent’ “The credit-default-swap market is telling you default is imminent,” Kevin Starke , an analyst at CRT Capital Group LLC in Stamford, Connecticut, said in a telephone interview. “The bond prices are indicating the pre-pack is likely.” Credit-default swaps are financial instruments based on bonds and loans that are used to speculate on a company’s ability to repay debt or to hedge against losses. They pay the buyer face value in exchange for the underlying securities or the cash equivalent should a borrower fail to adhere to its debt agreements. Shares in CIT rose 10 cents, or 10.4 percent, to $1.06 in New York Stock Exchange composite trading. The shares, which traded at more than $61 each in February 2007, have lost 77 percent this year. Icahn, 73, who built his reputation in the 1980s as a corporate raider, said this week that CIT debt is worth more in a traditional bankruptcy and proposed to buy holders’ bonds for 60 cents on the dollar in a tender offer lasting 30 days if they reject CIT’s plans. Maturing Debt About $9.11 billion of CIT loans and bonds mature through 2010, according to data compiled by Bloomberg. The company has $47.2 billion of loans and bonds, Bloomberg data show. CIT altered the terms of its debt-exchange plan yesterday so that if it filed for a pre-packaged bankruptcy, bondholders will get to recommend a majority of its directors. The steering committee comprising Capital Research & Management Co., Centerbridge Partners LP, Oaktree Capital Management LLC and Silver Point Capital LP will identify four of the 13 directors. Other investors who own at least 1 percent of CIT’s bonds and unsecured bank debt can recommend three directors. CIT turned to its bondholders in July for the $3 billion rescue financing after failing to win access to a Federal Deposit Insurance Corp. program to sell U.S.-backed debt. The company had received $2.33 billion in taxpayer funds in December to stay afloat. To contact the reporters on this story: Pierre Paulden in New York at ppaulden@bloomberg.net ; Caroline Salas in New York at csalas1@bloomberg.net

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JPMorgan Leads Goldman Sachs Advising on Mergers for First Time Since 2000

October 21, 2009

By Elizabeth Hester and Zachary R. Mider Oct. 21 (Bloomberg) — JPMorgan Chase & Co., which navigated the financial crisis without a quarterly loss, is now making more money advising more corporate clients on mergers and acquisitions than Goldman Sachs Group Inc. Led by Chief Executive Officer Jamie Dimon , the New York- based lender took in $1.26 billion in advisory fees in the first nine months of the year, topping Goldman Sachs for the first time since 2000, when Chase Manhattan Corp. bought J.P. Morgan & Co., data compiled by Bloomberg show. The bank also extended its lead in underwriting equity and debt offerings, earning $4 billion in the same period, twice as much as Goldman Sachs. JPMorgan, which posted net income of $8.45 billion for the nine months, and Goldman Sachs, with $8.44 billion, are the most profitable U.S. banks that have reported third-quarter results. The gains made by Dimon’s firm follow the 2008 acquisitions of Bear Stearns Cos., the fifth-largest securities firm at the time, and Washington Mutual, providing a West Coast presence. “JPMorgan has done a wonderful job managing through the storm, and they were able to do what others wanted to do in the down cycle, which was acquire,” said Alan Villalon , senior research analyst at FAF Advisors Inc., the money-management arm of Minneapolis-based U.S. Bancorp that holds shares of both companies. “All the relationships they get from those platforms are going to prove to be huge opportunities for them.” Investment Bank Profit Bear Stearns, which had about 14,000 employees at the time of its demise, reported $828 million in advisory and other fees in fiscal year 2007, ending Nov. 30, according to a regulatory filing . It also had an equity prime-brokerage business, which JPMorgan lacked. JPMorgan declined to say how many Bear Stearns bankers are still at the firm. Third-quarter profit at JPMorgan was $3.59 billion, compared with $3.19 billion at Goldman Sachs , the New York-based firm led by CEO Lloyd C. Blankfein , 55. JPMorgan is the second- largest U.S. bank by assets with $2.04 trillion, more than double Goldman Sachs’s $882 billion. More than half of JPMorgan’s net income in the quarter, or $1.92 billion, came from its investment bank, headed until last month by Steven Black and William Winters . Both firms also posted revenue gains from trading, especially in fixed income. “Although the company has certainly benefited from the strong trading environment, we believe that JPM has also taken considerable market share in investment banking throughout the crisis,” wrote John McDonald , a banking analyst at Sanford C. Bernstein & Co. in New York, in an Oct. 15 research note to investors. ‘Best Reputation’ Dimon, 53, has earned acclaim for managing the bank through the crisis, Villalon said. The lender has benefited from having fewer competitors, after Barclays Plc purchased Lehman Brothers Holdings Inc.’s North American investment bank last September and Charlotte, North Carolina-based Bank of America Corp. absorbed Merrill Lynch & Co. in January. “They emerged from the financial crisis with probably the best reputation of any U.S. financial institution,” said Steven Kaplan , a professor at the University of Chicago Booth School of Business. “You would expect them to come out of it a very attractive player, and you’d expect them to be hired by issuers.” By deepening relationships with corporate clients, JPMorgan and Goldman Sachs may make it harder for other banks, including boutique advisory firms, to compete, said Matthew McCormick , a banking-industry analyst at Bahl & Gaynor Inc. in Cincinnati, which manages $2.5 billion. ‘Insurmountable Leads’ “They have captured share and will sustain a lead for a considerable period of time,” McCormick said. “It’s going to be very difficult for upstart or broad-based firms to come in and usurp what many believe are the insurmountable leads that Goldman and JPMorgan have over competitors.” Morgan Stanley , which reports third-quarter results today, mustered $679 million in advisory revenue for the first half of the year. Bank of America’s fees from advising clients on deals in the first nine months were $807 million. Citigroup Inc. made $543 million in the first three quarters. “What sets us apart is that we stay focused on our clients through all parts of the economic cycle,” Douglas Braunstein , head of investment banking in the Americas for JPMorgan, said in an e-mail. Andrea Rachman , a spokeswoman for Goldman Sachs, declined to comment. Fewer Deals Wall Street firms are competing for fewer advisory and underwriting dollars, CreditSights Inc. analyst David Hendler wrote in an Oct. 15 research note to clients. The dollar volume of announced mergers and acquisitions this year through Oct. 15 was $1.24 trillion, 63 percent less than the same period in 2007, according to data compiled by Bloomberg. JPMorgan has seen revenue from advisory fees increase relative to that of Goldman Sachs. In 2005, Goldman Sachs made $1.91 billion from advising on deals, 51 percent more than JPMorgan, data compiled by Bloomberg show. The firm led JPMorgan every year since, until now, when Goldman Sachs’s $1.22 billion in advisory fees for the first nine months trail those of its rival by $36 million. JPMorgan also ranks first in the number of completed deals so far this year with 153, compared with Goldman Sachs’s 142, according to Bloomberg data. Goldman Sachs leads by dollar volume of completed transactions, while JPMorgan is No. 5. The number of completed deals, the dollar volume of those deals and the advisory fees disclosed in quarterly reports don’t always correlate. There is no standard rate for advice, some merger work isn’t made public and banks often earn fees for deals that fall apart and aren’t counted as completed. While the rankings give credit to all named advisers, they don’t take into account that firms are paid different amounts for their work. Embarq, Altria Kurt Simon and Mark Solomons, investment bankers at JPMorgan, advised telephone-service provider Embarq Corp. on its $6 billion sale to CenturyTel Inc. in the third quarter, earning $20 million. A JPMorgan team including Charles Edelman and Thomas Cassin advised Altria Group Inc. on its $10 billion purchase of smokeless-tobacco maker UST Inc., sharing $40 million in fees with Goldman Sachs and Centerview Partners LP, according to an estimate by Freeman & Co. Goldman Sachs dropped to No. 2 among advisers on M&A deals announced so far this year, behind Morgan Stanley, for the first time since 2000, according to data compiled by Bloomberg. JPMorgan ranks third. Some revenue from those deals won’t show up until future quarters. Underwriting Fees JPMorgan extended its advantage over Goldman Sachs selling debt and equity for corporate clients. In 2006, JPMorgan underwrote 27 percent more than Goldman Sachs, and it has widened the gap every year since. In the first three quarters of 2009, JPMorgan had $4.02 billion in underwriting revenue, 107 percent more than Goldman Sachs’s $1.94 billion. Last month, Dimon shuffled top executives, naming asset management head Jes Staley as CEO of the investment bank, replacing Black and Winters. Black will remain as executive chairman until the end of next year, and Winters left the firm. Investment-banking results also include income from trading for both clients and for the firm’s own account. JPMorgan’s investment bank had net revenue in the third quarter of $7.51 billion. Goldman Sachs reported that it pulled in $10 billion from trading and $899 million from underwriting and advisory in the quarter. ‘Die Is Cast’ Goldman Sachs made about $30 million advising the independent directors of biotechnology firm Genentech Inc. on the $46.8 billion sale in March to Swiss pharmaceutical company Roche Holding AG of the 44 percent of the shares it didn’t already own. Bankers were expected to earn a fee of $47 million for advising specialty-chemical manufacturer Rohm & Haas Co. on its $16.5 billion sale in April to Dow Chemical Co., Rohm & Haas said in a filing last year. Pent-up demand will create the need for more financing and merger-related advice, according to Richard Bove , a banking analyst at Rochdale Securities LLC in Lutz, Florida. “The opportunities in the capital markets arena may only grow,” Bove wrote in an Oct. 14 research note. “There is likely to be a surge in underwriting and merger and acquisition activity.” The addition of Bear Stearns will give JPMorgan an advantage in investment banking in coming years, according Michael Holland , who oversees more than $4 billion at Holland & Co. in New York, including shares of JPMorgan. “The die is cast in terms of the haves and have-nots in the business,” Holland said. “The perception is not going to disappear when things go back to a more normal situation.” To contact the reporters on this story: Elizabeth Hester in New York at ehester@bloomberg.net ; To contact the reporters on this story: Zachary R. Mider in New York at zmider1@bloomberg.net .

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John Hope Bryant: The Problem With Short-Termism

October 20, 2009

In my new book, LOVE LEADERSHIP: The New Way to Lead in a Fear Based World (Jossey-Bass), I make the case that there are only two things in the world: Love and fear, and what you don’t love, you fear. I go on to say that the reason our world seems all screwed up is that “most of our so-called leaders have led by fear.” Fear may seem to work in the short term, but over the long-term fear flat out fails (The Second of Five Law of Love Leadership in my book is entitled “Fear Fails”). Worse, I say that “fear is the ultimate prosperity killer.” If you want to paralyze an organization, your family, your community, or your own life, insert a culture of fear. So you say, “If this is the case, and if fear is so corrosive and so bad for us,” as I state over and over again in Love Leadership , “then why, John Hope Bryant has fear seemingly done so well in our little world?” The answer is the feel-good, me-based, immediate gratification disease called “short-termism.” Fear Leads to Short-Termism The problem is that the entire business world seems to have come down with a case of A.D.D. (Attention Deficit Disorder). The disease goes by another name: short-termism. Short-termism is similar to fear and laziness, in that it relies on shortcuts to achieve results. For most people looking for a short-term fix, fear-based leadership wins out, hands down. If you’re satisfied with flash-in-the-pan, short-term thinking, there’s no better way than to lead based on fear. With luck, your business will take off like a rocket, for a while. Eventually, however, it will implode. My friend and mentor Quincy Jones says “it takes 20 years to change a culture.” Well, over the past 20 or so years we have made dumb sexy. We have dumbed down and celebrated it. Over the next 20 years, we need to make “smart sexy again” (see www.5MK.org for our initiative to make “smart sexy again” with our youth, helping to break the high-school dropout epidemic and encouraging kids to stay in school). A Perfect Storm In Love Leadership, I say that the first cousin of fear is short-termism, and short-term’s best friend is laziness, the roommate of laziness is greed, and the most popular word ever uttered by fear, short-term-ism, laziness or greed, is “me.” Translation: What do I get? But in a world seemingly obsessed with only one question, which is “What do I get,” in order for us to succeed over the long-term, we must ask ourselves an entirely different question, which is “What do I have to give?” Fear is a lazy bastard. It comes from the most primitive part of what evolutionary psychologists call the reptilian brain, the part of the brain that governs instincts, heartbeat and breathing. It takes no work and no intelligence. Even a lizard can be afraid. Love though, comes from the most advanced part of the mammalian brain — the forebrain — the region that thinks, remembers and finds meaning. Fear is a feeling and nothing more. Love, in contrast, is feeling plus thought. It’s an emotion that stays in your memory forever. That’s why love survives, long after fear dies. Love is so strong that it’s the only real reason the human race is still here, after all the opportunities we’ve had to destroy ourselves . This crisis is not about some sophisticated or complex failure of free enterprise and capitalism as we know it, but the rather simple-minded failure of greed itself. In other words, this is an example of short-termism taken to its most fundamental and core inner-flaw: An expediency and immediately, strictly for one’s own individual benefit, over any sense of (higher) purpose. As I have said, and will continue to say, as I tour the nation in my “Conversation on Leadership” series, this crisis is more a crisis of virtues and values, than any sort of classic economic crisis. No doubt you are feeling this crisis economically, but this is no different than when you have a cold, you feel or sense it when you sneeze. As I state in Love Leadership, “the basic cause of the original mortgage crisis was a fundamental lack of a relationship with customers. The broker and the borrower in the mortgage deal were not really connected or committed in a real way; the broker and the banker were not really connected or committed; and this is key: the banker and the borrower were not connected or committed. Likewise, the banker and Wall Street were not connected or committed, and fatally, Wall Street securitization firms and the investors around the world to whom they sold these complex products were not connected or committed. There was no real relationship between any of these channels (other than the financial transaction itself).” I continued, “Put even more simply, as long as the broker, the banker, the Wall Street player and others in the deal got their fee, they were happy — or so they thought. This behavior was further supercharged by shareholder pressure for firms to hit aggressive quarterly profit targets, a short-term focus that conveniently translated into huge performance bonuses for executives.” Finally, I summarize in this section, “I am all for free enterprise and capitalism. Without a clearly defined profit motivation, a business simply will not be viable for long. My problem is that the relationship between all these various individuals and groups was simply the financial transaction. The concern was for the buck, not for the borrower.” Everyone needs to have an enlightened self-interest in the outcome of a business transaction, and it should start with a genuine understanding of and concern with what’s best for the client, the customer, the borrower. That concern — what I call love — was fundamentally absent during the events that led up to this economic crisis. There simply was no relationship with the borrower. An Example And Examination of Doing It Right Richard C. Hartnack, an Operation HOPE board member, understands well this problem of the transactional approach. He is in charge of consumer banking as vice chairman of US Bancorp, the Minneapolis-based parent company of US Bank, the sixth-largest commercial bank in America. Prior to that he served as vice chairman of Union Bank of California from 1991 to 2005. US Bank was roundly criticized in 2006 and 2007 for having slower revenue growth than many of its peer banks. A big reason was its decision to largely ignore the mortgage market, except for the prime loans that it had mostly specialized in. Hartnack recalls that when the financial crisis hit in 2007, US Bank took a hard look at its adjustable rate mortgage (ARM) loans. The bank didn’t make these loans with the intention that they were going to be a problem, but it saw in September, 2007, that interest rates at that time were expecting to go up. The bank did the math and knew that the change in the rates would be a big shock to its mortgage holders. US Bank had a choice: It could try to deal individually with thousands of households and figure out the exact right loan for each one, and while it was doing that, could watch people get into serious trouble paying their loans (and simultaneously watch their reputation take a hit in similar fashion). Or the bank could simply not raise the rates. Hartnack knew that the bank was either going to have to deal with a lot of bad loans, or it could make this concession, and see a set of problems just go away. The bank opted for love leadership. It held the interest steady, and told customers they had to opt out of their ARM into a fixed rate loan. And as you would expect, a large percentage of the bank’s clients accepted the offer. Hartnack’s decision turned out to be prescient, one that did well for the bank and did good for its customers. It helped people stay in affordable mortgages, and it avoided foreclosures, where everyone loses. He says: This example is proof that a short-term focus has a lot of temptations. It’s a rare set of circumstances — combining the board of directors, CEO, top management, investors, analysts, the culture and everything else — that creates an environment in which people are willing to look at the long haul and avoid short-term temptations. When you’re operating for the short-term, there are a thousand little trade-offs where you find yourself faced with choices that are terribly uncomfortable. And it takes a huge amount of character on the part of a management team to stand up to those. In the end, all you really have is your reputation, when you’re dead and buried, they’re not going to bury your money with you. When you’re dead and gone, what people are going to look back on is your reputation, and people are going to judge if you’re a leader in business with your customers, your community, your employees and your shareholders. Your reputation depends on something greater than making money. It depends on creating prosperity for all. Where We Go From Here My friend Daniel Sachs, CEO of Proventus, a $750 million private investment company in Stockholm, Sweden, said in an interview for my book, “It’s up to the people who believe in markets and believe in globalization and believe in free trade, to make the case for an open society as appealing as can to the many. Because if it’s not good for the many — if it’s only good for the few — then it’s not going to win. It’s up to us who believe in markets and in capitalism to devise a model of capitalism that is more long term.” As Sachs has shown, if you want to still be in charge a year from now — or five, 10 or 20 years from now — you’ve got to build something that lasts. To perpetuate your power into the future, whether you’re growing a business, leading a government, nurturing a family, or running a team, you need to earn the love and respect of those around you, and you need to love and respect them back. If you lead with love for the long term, people will follow you forever, wherever — for their own good as well as yours — and you will be remembered as a person of greatness. John Hope Bryant is the founder, chairman and CEO of Operation HOPE, vice chairman of the U.S. President’s Advisory Council on Financial Literacy as well as chairman of the Council Committee on the Under-Served, financial literacy advisor to the World Economic Forum Global Agenda Council, a Young Global Leaders for the World Economic Forum, and author of LOVE LEADERSHIP; A New Way to Lead in a Fear-Based World (Jossey-Bass), which debuted in August, 2009, #8 in the CEO Reads Top 10 Best Seller List.

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Pickens Power Play Makes Al Gore Convenient Truth for No-Import Oil Policy

October 7, 2009

By Kambiz Foroohar Oct. 7 (Bloomberg) — Trim and tanned at 81, T. Boone Pickens leans forward in his swivel chair to better hear Al Gore exhort solar and wind power. It’s a scorching August day at the National Clean Energy Summit in Las Vegas. Pickens, who has made and lost billions betting on energy in his boom-and-bust career, waits with Democratic Party bigwigs for his turn to speak. His topic: why the U.S. must wean itself from foreign oil. It’s a far cry from the wildcatter turned corporate raider and backer of fellow Republican oilman George W. Bush , who downplayed global warming as U.S. president. Now Pickens has ingratiated himself not only with environmentalists but with the Democrats who derided him. The reason: his Pickens Plan , which embraces natural gas and wind power and which proponents say would cut oil imports and curb air pollution in the process. “A year or so ago, I started taking missionary lessons from the group supporting T. Boone Pickens,” Democrat Harry Reid told the 900-strong audience. Reid, the U.S. Senate majority leader, had called Pickens his “mortal enemy” for funding Swift Boat Veterans for Truth . The group’s attack ads helped sink the presidential bid of Massachusetts Senator John Kerry and hand Bush a second term from 2005 to 2009. “I now belong to the Pickens church,” Reid said. “He’s been a good friend and a real visionary.” By dint of his plan, which Pickens has scaled back to focus on using natural gas to power the nation’s 6.5 million diesel- burning heavy trucks, he has transformed himself into an unlikely environmental hero. Pickens says the U.S. can save 2.7 million barrels of oil a day, more than half of the 4.3 million barrels a day it imported from OPEC in June. Bipartisan Support After spending $60 million and taking a yearlong swing across America, Pickens has amassed enough support to persuade both Republicans and Democrats to propose legislation that gives incentives for natural gas vehicles and fueling stations. An energy bill , with bipartisan backing, is likely to pass in some form, increasing U.S. interest in natural gas, says Scott Deatherage , a partner at Thompson & Knight LLP in Dallas, who advises corporations on environmental regulation. People who see only Pickens’s past need to get beyond that and look at his ideas, says Dan Weiss , senior fellow at the Center for American Progress, a policy group founded by John Podesta , former President Bill Clinton’s chief of staff. “His plan is on the right track,” Weiss says. “Pickens has gotten off oil, and his plan will reduce foreign oil consumption and clean the air.” Oil Spike Pickens warns that oil may reach $150 a barrel in the next two years as economic activity rebounds to pre-recession levels. The petroleum industry will have trouble raising production fast enough to meet demand, he says. And even if it could, that would mean the U.S. would continue funding foreign governments by buying their output. “Show me another country where they import 70 percent of their oil and over half comes from their enemy,” Pickens says, counting Iran, Saudi Arabia and Venezuela among the foes. “This is the largest transfer of wealth in human history.” Pickens says natural gas can move America toward energy independence. He cites statistics from the nonprofit Potential Gas Committee , an affiliate of the Colorado School of Mines, which indicate that the U.S.’s supply can last 100 years. Gas produces as much as 30 percent less carbon dioxide than oil when burned, according to the U.S. Energy Department . “Natural gas is clean, it’s cheap and it’s ours,” Pickens says. Financial Interests The U.S. consumed about 19.5 million barrels of oil a day in July, more than 23 percent of the daily global supply, the Energy Department says. Americans’ petroleum obsession forced the U.S. to import 9.6 million of those barrels each day in July and another 2.6 million barrels a day of gasoline, kerosene and diesel. Such imports cost $439 billion last year, according to the Commerce Department, up from $319 billion in 2007. Not everyone is convinced that Pickens has abandoned his old maneuvers. Critics say he wants to shore up his investments and is cloaking his strategy in the American flag. For one thing, he holds a 33 percent stake valued at about $275 million in Clean Energy Fuels Corp., a Seal Beach, California-based company he founded. The company, which runs 184 natural gas filling stations , would benefit from proposed federal legislation for which Pickens has lobbied. Gore Co-Investments Pickens also owns 5 percent of Exco Resources Inc. , a Dallas-based natural gas explorer. And he’s backing V Vehicle Co. with venture capital firm Kleiner Perkins Caufield & Byers, where former U.S. Vice President Gore, who won the 2007 Nobel Peace Prize for his work on climate change, is a partner. San Diego-based V Vehicle plans to build environmentally friendly cars and may consider natural gas at some point. “The Pickens Plan is nothing more than a call to rig the market toward the fuels that Pickens has invested in,” says Jerry Taylor , a senior fellow at Washington-based research group Cato Institute . Pickens, who built his company, Mesa Inc., by buying small businesses and undervalued oil and gas properties, has never lacked for big plans. In 1982, he made a bid for Cities Service Co., more than 20 times Mesa’s size. Cities accepted a white- knight offer from Gulf Oil Corp., which later became another Pickens target. Ousted from Mesa Mesa made a profit on its Cities shares, whetting Pickens’s appetite for the takeover game. He launched more deals, developing a reputation as a greenmailer, who profits from buying enough shares to threaten a takeover and forcing the target to buy the shares back to stop the acquisition. As natural gas prices plunged in the late 1980s and 1990s, Mesa wound up with $1.2 billion of debt. Pickens reached out to billionaire Richard Rainwater , who forced Pickens out as a condition of helping Mesa refinance. Pickens went on to start hedge fund firm BP Capital Management LP in north Dallas. Ken Medlock , an economics professor at Rice University in Houston, says Pickens has found ways to succeed in the past and is doing what savvy businessmen do. “Pickens is not going to invest large sums of money in projects that are not going to generate large sums of money for him,” Medlock says. Pickens counters that his main motive is U.S. security. “If it had been about money, heck, I’d have just kept my $60 million and played the market,” he says. Momentum Lost Big U.S. corporations are taking steps in Pickens’s direction. AT&T Inc ., the second-largest U.S. mobile phone carrier, pledged to switch 15,000 vehicles, or about 20 percent of its fleet, to ones powered by alternative fuels, mainly compressed natural gas. Wal-Mart Stores Inc. , the world’s biggest retailer, is testing natural gas vehicles that could replace light trucks. Pickens and his plan face major hurdles. The tumble in oil prices to $33.87 a barrel last December from a high of $145.29 in July 2008 has damped public outrage about imports. Congress, once revved up over green energy, is struggling with health-care legislation. With average U.S. gasoline prices around $2.50 a gallon (3.8 liters) in early October, momentum for a natural gas car has slowed, says Richard Kolodziej , president of Natural Gas Vehicles for America . “People care about the environment but act on economic incentives,” he says. “When gas hit $4 a gallon, our phones were ringing off the hook.” ‘A Lot More Investment’ Natural gas has environmental and economic drawbacks. U.S. output has been steady at about 19 trillion cubic feet (538 billion cubic meters) a year for the past five years. The Pickens Plan may require an additional 20 billion cubic feet a day to wean heavy trucks off diesel. That would mean adding about one-third more gas to current output at a cost of more than $20 billion during the next five years, says Greg Ballheim , a director at Pace Global Energy Services , which advises on energy investments. “You need a lot more investment to get the extra production,” he says. Companies are using extraction methods, particularly one called hydraulic fracturing, to target harder-to-reach gas in such states as Colorado, Louisiana and Pennsylvania. This gas, which is lodged in shale rather than limestone, costs about $6 per 1 million British thermal units to produce. On Oct. 6, the price of gas was $4.89 per million Btu, down from $13.58 in July 2008. For drillers and bankers to profit, prices would have to rise. Environmental Concerns Hydraulic fracturing, which involves pumping a mixture of water, sand and chemicals into the earth, can harm underground water supplies. Diana DeGette , a Democratic congresswoman from Colorado, is sponsoring the Fracturing Responsibility and Awareness of Chemicals Act, which would establish federal controls and require drillers to disclose the chemicals they use. Should rules become stricter, companies may shut a third of onshore gas wells, Ballheim says. “We may end up relying on natural gas imports, and then all you’re doing is replacing one import with another,” he says. Hurt by last year’s financial crisis, Pickens has reduced the other part of his plan: wind. In 2007, he put up $150 million to buy 667 turbines to seed what he said would be a $10 billion wind farm, the world’s largest. In addition, he envisioned turbines churning away from Texas to the Canadian border to run electricity plants. Wind power would free the natural gas that produces 22 percent of U.S. electricity to instead fuel clean-running cars, he said. ‘Wind Is a Business’ The problem turned out to be price. In general, wind power is more expensive than natural gas and coal. For electricity plants coming on line in 2015, wind energy would cost almost one-third more than coal and about 14 percent more than natural gas, the nonprofit Electric Power Research Institute says. Wind power becomes relatively cheaper as gas prices rise. As a rule of thumb, when natural gas is more than $6 per million Btu, a wind plant will look competitive in comparison, says Mark Bolinger at the Energy Department’s Lawrence Berkeley National Laboratory . Once gas falls below $6, as it has, wind isn’t as attractive. “Wind is a business, and if the economy comes back, then the project goes ahead,” Pickens says, figuring a growing economy would boost gas prices, making wind competitive. “If not, then we won’t do it.” For the moment, that leaves Pickens with natural gas. He says gas can bridge the gap for diesel trucks until electric batteries — a favorite of environmentalists — become viable. “An electric battery cannot run an 18-wheeler,” he says. Impressing Obama Pickens took his natural gas pitch to 74 cities last year, stopping in Washington in the spring. He met then-President Bush and Energy Secretary Samuel Bodman at the office of Joshua Bolten , White House chief of staff. He drew graphs with a black marker on a whiteboard that showed global oil production at the time at 85 million barrels a day and demand at 87 million barrels. Producers couldn’t make up the difference, Pickens says he told Bush in the 90-minute session. “He listened,” Pickens recalls. “He didn’t do anything.” A Bush spokesman declined to comment. It was a different story with the Democrats, Pickens says. He met then-presidential candidate Barack Obama at the Grand Sierra Resort in Reno, Nevada. Pickens opted for a dramatic gesture. As he and Obama sat at a square table, Pickens whipped out his marker and drew demand and production figures on the white tablecloth. “He’s a legendary entrepreneur,” Obama said later, deflecting questions from the press about the Swift Boat controversy. “One of the things that I think we have to unify the country around is having an intelligent energy policy.” ‘Strange Bedfellows’ Pickens even found an ally in Reid. In November 2007, Pickens had offered $1 million to anyone who could dispute claims in the Swift Boat ads that said Kerry had exaggerated his military service. Kerry accepted the challenge. Pickens required Kerry to provide his Vietnam journal, his military records and the movies he shot on patrol. Kerry didn’t supply the items, a Pickens spokesman says. Kerry spokeswoman Whitney Smith says the senator offered to meet with Pickens but didn’t get a response. Then, in 2008, a group of veterans took up the challenge. So far, Pickens says, the veterans haven’t disproved the claims in the ads and he has yet to concede the $1 million. Pickens and Reid covered less-controversial ground with natural gas. A scheduled 15-minute meeting in the Nevadan’s Senate office lasted five times that long as the two agreed that gas could trim oil imports and reduce pollution, Pickens says. As for their dispute over the Swift Boat group, Reid spokesman Jim Manley says the senator and Pickens are now friends. “Sometimes politics makes strange bedfellows,” Manley wrote in an e-mail. Traction With Democrats Carl Pope, executive director of the San Francisco-based Sierra Club, the oldest U.S. environmental organization, says Pickens has gained traction with the Democrats. “He has long been talking about replacing foreign oil but didn’t get anywhere with the Republicans,” Pope says. Bolstered by the political thaw, Pickens provided input for a House bill sponsored by two Oklahomans, Democrat Dan Boren and Republican John Sullivan . It offers tax credits of as much as $200 million for natural gas vehicle manufacturers. Nat Gas Act On July 8, he joined New Jersey Democratic Senator Robert Menendez and Utah Republican Senator Orrin Hatch in unveiling the New Alternative Transportation to Give Americans Solutions, or “Nat Gas,” Act, which Reid also sponsors. It provides a 10- year tax credit for natural gas vehicle makers and a $100,000 credit for fueling stations, up from $50,000. “With only 3 percent of the world’s oil reserves, we cannot produce our way to a safe and secure energy future,” Reid said. “We must get serious about using cleaner-burning natural gas and renewable energy.” In 2003, Pickens gave $1,000 to Reid’s re-election committee. Pickens also donated $1,000 to Hatch in 1988 and $4,000 in 2005. According to the U.S. Federal Election Commission , Pickens has contributed more than $5 million to Republican causes. President Obama has said oil independence is a policy goal. “We can remain one of the world’s leading importers of foreign oil, or we can make the investments that would allow us to become the world’s leading exporter of renewable energy,” he said in March. Hedge Fund Meltdown If aligning with Democrats to push natural gas isn’t enough change for an oilman in his ninth decade, Pickens is also trying to restore his reputation as a hedge fund manager after making and losing billions on energy. Until mid-2008, Pickens was riding high. BP Capital, which runs a commodity fund and an equity fund, had $4.5 billion in assets. The commodity fund was up 37 percent in June alone, while the equity fund rose 12 percent in that month. During the summer, Pickens’s third memoir, “The First Billion Is the Hardest,” was climbing the New York Times nonfiction list, reaching No. 5 at the end of September. By then, oil prices had tumbled 30 percent from their July record. Both funds had gambled that energy prices would climb. “We didn’t expect global demand to fall as much as it did,” says Brian Bradshaw , co-manager of the BP Capital equity fund. “The recession we got is not the one we had expected.” In October, BP Capital lost $2 billion as Pickens liquidated his positions. More than half of his investors, a number he declines to disclose, withdrew their money, he says. By the end of the year, he had less than $500 million in the funds. ‘Cooking Again’ “We wanted out, but we waited just a minute too long,” Pickens says. “If we had done it a week before, we’d be the world’s smartest people.” Last year’s debacle is behind him, Pickens says. The commodity fund was up 79 percent in the first half of 2009. The equity fund, with its energy stocks, gained 14 percent, he says. “We’re cooking again,” Pickens says. BP Capital General Counsel Robert Stillwell says the firm isn’t preparing for life post-Pickens. “After Boone, we’ll call in the investors and ask them if they want to continue or cash out,” Stillwell, 73, says. “There are no other plans.” Pickens says he has at least one more thing to accomplish. “I’m trying to fix the country,” he says as he gazes at a 5- foot-tall (1.5-meter-tall) model of a turbine from the stalled wind farm part of his project. If the U.S. passes legislation that embraces natural gas, Pickens will have succeeded in one of his most ambitious feats yet: rallying Democrats and environmentalists behind the plan of a billionaire Texas oilman. To contact the reporter on this story: Kambiz Foroohar in New York at kforoohar@bloomberg.net

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JPMorgan’s Dimon Morphs From Dealmaker to Visionary in McDonald Bio: Books

October 5, 2009

Review by Norman Pearlstine Oct. 6 (Bloomberg) — Business heroes are in short supply. Finding a business-banker hero quickly takes us to “camel through the eye of a needle” territory. During the past two years, disastrous losses, bad deals or bad behavior claimed the scalps of Stanley O’Neal and John Thain of Merrill Lynch & Co., Charles “Chuck” Prince of Citigroup Inc., James “Jimmy” Cayne of Bear Stearns Cos., Lehman Brothers Holdings Inc.’s Richard S. Fuld Jr. , and, last week, Bank of America Corp.’s Kenneth D. Lewis . Morgan Stanley’s John Mack (who plans to step down as chief executive officer on Jan. 1) and Lloyd Blankfein of Goldman Sachs Group Inc. were both humbled when they were forced last year to turn their investment banks into bank holding companies. Duff McDonald’s new biography, “Last Man Standing: The Ascent of Jamie Dimon and JPMorgan Chase,” identifies one of the few executives with a positive story worth telling. Dimon, 53, has emerged from the recent financial crises with his reputation intact. He is banking and finance’s most successful, most trusted and most important leader. JPMorgan Chase & Co. , America’s second-largest bank by assets, has posted a profit every quarter since he became CEO in December 2005. His lifelong insistence on strong balance sheets enabled him to acquire Bear Stearns with government assistance in March 2008 and the assets of Washington Mutual Inc. following a federal takeover and subsequent auction six months later. Two Stories The book tells two stories. The first chronicles Dimon’s 16-year apprenticeship with Sandy Weill , whom he joined in 1982 at American Express Co. after rejecting more prestigious offers from Goldman Sachs, Lehman Brothers and Morgan Stanley. Weill, a friend of Dimon’s parents, had recently sold his Shearson Loeb Rhoades brokerage firm to American Express and had become chairman of Amex’s executive committee. Weill quit American Express three years later. After more than a year of searching for deals together, Weill and Dimon bought Commercial Credit Co., a mundane, Baltimore-based consumer-finance company, from Control Data Systems Inc. That purchase was followed by bold acquisitions including Primerica, Shearson Lehman, Travelers Corp. and Salomon Inc. Then, in 1998, Weill gained control of Citicorp after merging it with his financial conglomerate, then called Travelers Group Inc. Deal-Making Skills Dimon perfected his deal-making skills and became a voracious consumer of financial details in those years. He saw himself as Weill’s heir apparent and assumed he would become president of Citigroup Inc., the company formed by the Citicorp- Travelers merger. Instead, Weill fired Dimon, shocking him and the business world. The second section of the book begins with Dimon’s years in Chicago, where he rescued Bank One Corp. after becoming its CEO in 2000, followed by his return to New York four years later as president of J.P. Morgan Chase, after it acquired Bank One. He became CEO the following year. It was during his time in Chicago that Dimon first met many of the civic leaders who now populate the administration of President Barack Obama . The latter part of the book deals extensively with the takeover of Bear Stearns and with Dimon’s calm under pressure last autumn when Lehman collapsed, almost bringing down the rest of Wall Street with it. It is during this period that Dimon fully morphs from dealmaker to visionary and industry spokesman. Passion for Business McDonald captures Dimon’s passion for business — his intensity, his mastery of detail, his competitiveness and his appealing preference for stream-of-consciousness explications. Unlike Weill, the quintessential one-man band, McDonald’s Dimon is a team player, able to meld JPMorgan’s extraordinary cast of all-stars from longtime associates, executives he inherited, and best-of-breed outsiders whom he lured to the bank. He can and does take responsibility for tough decisions, as he showed last week, when he fired a protege, London-based William Winters . “ Last Man Standing ” is an easy, compelling read. McDonald’s fluid style masks a careful attention to detail that rivals that of his subject. The book benefits from his extensive interviews with Dimon, his family and friends — interviews that help explain how Dimon’s rational and emotional sides coexist. If the book has a problem, it’s one of timing, perhaps appearing too late and too early. Many of the book’s best stories have already appeared elsewhere. Emotional Battles Monica Langley’s riveting biography of Weill, “Tearing Down the Walls,” captures the early years of deal-making and the emotional battles between Weill and Dimon. William D. Cohan’s “House of Cards” covered JPMorgan’s takeover of Bear Stearns with such precision that McDonald has trouble finding a detail or anecdote that hasn’t already appeared in print. For all his accomplishments, Dimon hasn’t run JPMorgan long enough to prove that his operating skills are as good as his deal-making prowess. He was smart enough to avoid the worst excesses that felled other financial institutions, and McDonald notes that Dimon got out of the subprime lending business before many of his rivals. Even so, Dimon didn’t fully appreciate how the subprime mess would spread to the rest of the home-loan market, McDonald says. As a result, JPMorgan took big writedowns for poor housing loans and for leveraged corporate loans. JPMorgan could still hit serious speed bumps as the economy continues to struggle. Dimon has given no indication that he plans to leave JPMorgan any time soon. A Democrat and Obama supporter, he is mentioned frequently as a possible successor to Treasury Secretary Timothy Geithner or as a candidate for other Cabinet positions should they become open. McDonald suggests other possibilities, including teaching, investing, or, according to Dimon’s wife, opening his own restaurant and turning himself into Sam Malone of “Cheers.” Dimon is young enough that “Last Man Standing” will certainly need updates. One can only hope that McDonald will want to write them. “Last Man Standing” is published by Simon & Schuster in the U.S. (340 pages, $28). To buy this book in North America, click here . ( Norman Pearlstine is the chief content officer for Bloomberg News. The opinions expressed are his own.) To contact the writer of this review: Norman Pearlstine in New York at npearlstine@bloomberg.net .

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Obama Faces Doubts on U.S. Climate Law as He Prods World Leaders to Act

September 23, 2009

By Kim Chipman Sept. 23 (Bloomberg) — President Barack Obama , who challenged world leaders to overcome “doubts and difficulties” and reach a global accord on climate change, faces skepticism over whether he can deliver legislation in his own country. Obama said in a speech to a United Nations conference on global warming yesterday that “we cannot meet this challenge unless all the largest emitters of greenhouse gas pollution act together.” About 190 nations face a deadline to craft a new climate- change agreement at a meeting in December in Copenhagen . Environmental groups and government officials are asking whether Obama can win Senate approval of climate-change legislation the House passed in June. The president and lawmakers remain entangled in debate about overhauling the U.S. health-care system. “People are waiting to see the signal from the White House about what comes next after health care and how important it is to him to have some momentum going into Copenhagen,” Alden Meyer , director of strategy and policy at the Union of Concerned Scientists, an advocacy group based in Cambridge, Massachusetts, said in an interview. “They are starting to get more impatient.” The House passed legislation that would reduce emissions 17 percent from 2005 levels by 2020. It would create a cap-and- trade system to limit carbon dioxide emissions tied to global warming and then establish a market for the trading of pollution allowances. The measure is opposed by most Republicans, and a number of Democrats in the Senate have said they won’t support it in its current form. Committee action on cap-and-trade legislation was delayed from early September and hasn’t been rescheduled. ‘Doubts Linger’ “Doubts linger on whether the U.S. will pass a bill before the meeting in Copenhagen,” said Neal McAliley, head of the climate change initiative at the New York law firm White & Case LLP. Senate Majority Leader Harry Reid , a Nevada Democrat, said yesterday that senators will “push climate as hard and as fast as we can.” “The failure of the Senate to pass meaningful climate and energy legislation is hampering the president’s ability to make substantive commitments to the global community,” Keya Chatterjee , acting director of the World Wildlife Fund’s climate program, said in a statement after Obama spoke yesterday. “With the Copenhagen summit convening in just 10 weeks, the Senate has a narrow opportunity for salvaging the reputation of the U.S. abroad.” The health-care fight has dominated Washington’s attention, said Carol Browner , Obama’s top adviser on the environment and energy, in a briefing yesterday for reporters in New York. “Health care has obviously taken up more time than was originally anticipated,” Browner said. ‘Twiddling Their Thumbs’ John Bruton , the European Union’s ambassador to the U.S., voiced impatience in an opinion piece in the San Francisco Chronicle on Sept. 17 that the U.S. is preoccupied with health care instead of global warming. “The rest of the world cannot be expected to sit around the negotiating table in Copenhagen twiddling their thumbs, waiting for the Senate of one country (however big) to deal with other business,” Bruton said. The administration will make its best case in Copenhagen even if the Senate fails to act by December, Todd Stern , Obama’s top climate negotiator, said at the briefing with Browner. “In the event that there’s not domestic legislation done by the time of Copenhagen, we will negotiate with that in mind,” Stern said. “But certainly the most progress we can get would be helpful.” Kyoto Protocol Without Senate action, the administration risks a repeat in Copenhagen of what happened during crafting of the 1997 Kyoto Protocol, which then-President Bill Clinton signed. The Senate and later President George W. Bush rejected that pact on the grounds it would hurt the economy and because China and other developing countries aren’t required to cut greenhouse-gas emissions under the accord. Former Vice President Al Gore , speaking at the UN forum yesterday, said Obama’s influence in Copenhagen would be “greatly enhanced” if he could go with finished legislation to back up his commitments on climate change. “The hour is late and it may well be he will be forced to go with the legislation still in process,” Gore said. “It is very important to pass the legislation.” To contact the reporter on this story: Kim Chipman in New York at chipman@bloomberg.net

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Kennedy Legislative Legacy Will Be Hard to Replicate in Senate

August 26, 2009

By James Rowley Aug. 26 (Bloomberg) — Edward Kennedy had a skill that served him well in his four-decade career in the Senate: He knew how to make a friend. It enabled him to bridge partisan differences while maintaining his standing as a fierce advocate of Democratic Party ideals. “I never saw anybody he couldn’t work with,” said Alan Simpson , a former Republican senator from Wyoming. The patriarch of a legendary political dynasty at the time of his death, Kennedy built a Senate career spanning almost 47 years. Unlike two brothers who also served in the Senate, President John F. Kennedy and U.S. Attorney General Robert F. Kennedy , Ted, as he was known, built his reputation as a lawmaker. “He has got to be one of the major figures in the Senate’s history,” said Donald Ritchie, associate historian of the Senate. With Republican Orrin Hatch of Utah, a close friend of many years in the Senate, Kennedy won passage of legislation to finance AIDS treatment and to provide health insurance to children in poor families. Kennedy and Arizona Republican John McCain worked together on immigration overhaul in 2007 and Kennedy teamed up earlier with former Indiana Republican Senator Dan Quayle to expand a federal job-training program. With Kansas Republican Nancy Kassebaum , he co-sponsored a 1996 law that allowed some workers to take insurance coverage from one employer to the next. ‘Likes People’ “He genuinely likes people,” Connecticut Democrat Christopher Dodd , one of Kennedy’s closest Senate friends, said in a July 24 interview. “He likes his colleagues, even ones he has little in common with substantively.” Kennedy “listens to them” and “doesn’t think anybody’s got ideas that are not worth listening to,” Dodd said. “That goes a long way in this legislative business.” Kennedy’s accomplishments also included enactment of the 1990 Americans with Disabilities Act that barred discrimination against people with physical disabilities, legislation mandating appropriate public education for children with disabilities and laws barring discrimination against women and protection of children against abuse. “Early in his career probably there were a lot of Republicans who would vote against any bill he would sponsor,” Ritchie said. Kennedy “figured out how to build alliances” and became “brilliant at choosing someone from the other side of an issue” to craft legislation, he said. Backing Bush To the consternation of many fellow Democrats, Kennedy supported former Republican President George W. Bush ’s No Child Left Behind legislation that set nationwide standards for education in public schools. Later, he accused Republicans of gutting the effort by failing to provide enough money to finance programs to help schools in poor neighborhoods meet the standards. While he was unsuccessful in 2007 in pushing comprehensive immigration reform, Kennedy won the admiration of Democrats and Republicans who worked to try to reach consensus on that politically divisive issue. At a bipartisan press conference in May, 2007, South Carolina Republican Lindsey Graham turned to Kennedy and joked that the Massachusetts lawmaker had gotten the better of him in negotiations. “I promise never to work with you again for the people of South Carolina,” Graham said. “You have a reputation of being a serious legislator” who “knows how to get things done. That has been absolutely true.” Kennedy joined the Senate in 1962 at age 30 after winning a special election to fill his brother John’s seat. Colleagues described Kennedy as deferential to the more senior senators. Democratic Whip He was elected to the No. 2 leadership post of Democratic whip in 1969 and later the same year was embroiled in scandal when a woman passenger in his car named Mary Jo Kopechne drowned after the vehicle went off a bridge at Chappaquiddick in Massachusetts. Two years later he lost the post to West Virginia Senator Robert Byrd . Byrd went on to become Senate Democratic leader. Kennedy eventually headed two committees. It was as chairman of the Judiciary Committee and the Labor and Health Committee — later reorganized as the Health, Education, Labor and Pensions Committee — that Kennedy made his mark as a master legislator. Capitol Hill Staff Kennedy’s staff was widely regarded as the best on Capitol Hill. At one point, his Judiciary Committee legal staff included Stephen Breyer , now a U.S. Supreme justice; Kenneth Feinberg , who is now overseeing executive compensation issues for firms that receive federal money in the Obama administration; and David Boies , who went on to be the lead courtroom lawyer in the U.S. government’s successful antitrust case against Microsoft Corp., argue Democrat Al Gore ’s case in the court fight that determined the outcome of the 2000 presidential election, and defend former AIG International Chairman Hank Greenberg . Kennedy’s “ability to attract and keep the best staff people on the Hill (including the likes of Stephen Breyer) and his incredible appetite for work” created a “model” for legislating, Norman Ornstein , a resident scholar at the Washington-based American Enterprise Institute, said in an e- mail. Kennedy helped lead the Democratic attack in 1987 that blocked the confirmation of Robert Bork , one of Republican President Ronald Reagan ’s Supreme Court nominees. Legislation he sponsored to put pressure on South Africa’s white-dominated government to end the racial separation policy of apartheid prompted Reagan to impose economic sanctions. Health Care Champion A longtime champion of universal health-care coverage, Kennedy sponsored legislation that allowed laid-off workers to continue to buy, for a period of time, health insurance offered by their employers. He also was instrumental in pushing community health centers that serve low-income Americans and the Women, Infants and Children Nutrition program to improve the health of poor women and their children. By the time the Senate began drafting legislation to carry out President Barack Obama ’s plan to overhaul U.S. health care, Kennedy was too sick to participate in the day-to-day discussions. He kept in touch by telephone with lawmakers and turned the task of shepherding the bill through the HELP Committee to Dodd. Democratic leaders repeatedly invoked Kennedy’s name as the driving force behind their legislative effort to pass health insurance. Over his Senate career, Kennedy wrote more than 2,500 bills, of which more than 500 became law, according a compilation of his legislative achievements furnished by his office. His legislative record is “going to be very hard” to replicate, said political historian and analyst Stephen Hess of the Brookings Institution in Washington. Simpson, whose father was elected to the Senate in 1962 along with Kennedy, said the Massachusetts senator’s strategy was to “try to accommodate the 80 percent and fight over that 20. That is a pretty good example of a legislator. I don’t know anyone who would have those accomplishments.” To contact the reporter on this story: James Rowley in Washington at jarowley@bloomberg.net .

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Asian Stocks Fall, Treasuries Gain as Demand for Risk Eases; Rand Declines

August 24, 2009

By Patrick Rial and Shani Raja Aug. 25 (Bloomberg) — Asian stocks fell and Treasuries advanced as lower profit at Chinese companies and evidence of increasing loan losses in the U.S. sapped demand for risky assets. South Africa’s rand and the Australian dollar dropped as commodity prices declined. Jiangxi Copper Co. sank 5.2 percent in Shanghai after posting a 61 percent decline in first-half net income and as prices of the metal retreated from yesterday’s advance. Aluminum Corp. of China Ltd., which reported its third quarterly net loss, fell 2.5 percent in Hong Kong. KB Financial Group Inc., which operates South Korea’s largest bank, lost 2.7 percent as SunTrust Banks Inc. said U.S. lenders face more credit losses. Seven stocks declined for every three that rose on the MSCI Asia Pacific Index , which lost 0.2 percent to 112.88 as of 1:02 p.m. in Tokyo. The index rallied 2.5 percent yesterday, the most since May 19. Companies on the gauge are priced at an average 24 times estimated earnings, up from 13.7 times at the end of 2008. “The market is no longer cheap,” said Nader Naeimi , a Sydney-based strategist at AMP Capital Investors, which manages about $75 billion. “The question is whether the rally is justified by the pick-up in economic data and earnings.” Japan’s Nikkei 225 Stock Average slipped 0.5 percent to 10,524.76. Hong Kong’s Hang Seng Index lost 1.2 percent, while South Korea’s Kospi Index dropped 0.5 percent. NGK, Woolworths Among stocks that gained today, NGK Insulators Ltd. rallied 4.6 percent in Tokyo after the Nikkei newspaper said the company won an order from Abu Dhabi. Australia’s Woolworths Ltd., the country’s biggest retailer, rose 3 percent on plans for a joint venture with U.S. home-improvement chain Lowe’s Cos. Futures on the Standard & Poor’s 500 Index lost 0.2 percent. The U.S. gauge dropped 0.1 percent yesterday, erasing an earlier 0.9 percent advance, following SunTrust’s comments. Taylor, Bean & Whitaker Mortgage Corp., the 12th-largest U.S. mortgage lender, also filed for bankruptcy protection, while Fitch Ratings said more delinquent U.S. mortgage holders are failing to catch up with their payments. Treasuries rose for a second day amid speculation the global financial crisis won’t end this year. The yield on the 10-year note declined two basis points to 3.46 percent, according to data compiled by Bloomberg. “I’m favoring longer maturities,” said Hideo Shimomura , who oversees $4 billion in non-yen bonds as chief fund investor in Tokyo at Mitsubishi UFJ Asset Management Co., a unit of Japan’s largest bank. “Looking toward next year, the momentum in the economy will fade. The trend for inflation is down.” Copper Prices Jiangxi Copper, China’s biggest producer of the metal, sank 5.2 percent to 37.40 yuan after saying first-half profit slumped 61 percent because of lower prices. Copper futures in New York sank 0.9 percent in after-hours trading, following yesterday’s 1.3 percent gain. Oil prices lost 0.8 percent, erasing yesterday’s drop. South Africa’s rand lost 0.5 percent versus the dollar today, while the Australian dollar fell 0.2 percent. The two currencies have moved along with the Reuters/Jefferies CRB Index of 19 raw materials about 90 percent of the time this year, Bloomberg data show. The commodities gauge, which hasn’t yet traded today, rose 0.8 percent yesterday. “We’re not out of the woods on a global recovery basis so, though things look better, investors are being cautious,” said Phil Burke , chief foreign-exchange dealer at JPMorgan Chase Bank in Sydney. Breaking Even? Aluminum Corp., known as Chalco, lost 2.5 percent to HK$8.98. The company aims to break even or at least curb losses in the second half on expectations of an improvement in the market, Chairman Xiong Weiping said at a news conference today. About 18 percent of the 538 companies in the MSCI Asia Pacific Index that posted results since early July have missed analysts’ profit estimates , according to data compiled by Bloomberg. A third of those companies have reported better-than- estimated earnings, helping drive the stock index to the highest level in almost 11 months on Aug. 14. Equities “have gone too high and this is a time for investors to book profit,” said Fumiyuki Nakanishi , a strategist at Tokyo-based SMBC Friend Securities Co. Wesfarmers Ltd. slumped 4.1 percent to A$24.67. Australia’s second-largest retailer is stocking more fresh fruit and vegetables than it can sell to reverse the reputation its Coles supermarket division has for empty shelves and win market share, CEO Richard Goyder said in an interview. Credit Crisis KB Financial retreated 2.7 percent to 54,500 won following comments from James Wells III, chief executive officer of Atlanta-based SunTrust. Mizuho Financial Group Inc., Japan’s third-biggest bank by market value, slipped 0.4 percent to 228 yen. Daiwa Securities Group Inc. Japan’s second-largest brokerage, fell 2.5 percent to 555 yen. “This credit cycle has yet to play itself out,” Wells said in a speech to the Rotary Club of Atlanta. “We do not expect things to improve for the banking industry in the very near future.” Global credit losses and writedowns by financial institutions have totaled $1.6 trillion since 2007, according to data compiled by Bloomberg. The financial crisis helped drag the U.S. and Japan into recession and caused the collapse of Lehman Brothers Holdings Inc. and Bear Stearns Cos. Nouriel Roubini, the New York University professor who predicted the financial crisis, wrote in the Financial Times yesterday the chance of a double-dip recession is increasing because of risks related to ending global monetary and fiscal stimulus. Bad Debt Suncorp-Metway Ltd., Australia’s third-largest insurer, sank 3.9 percent to A$7.50. Net income in the 12 months ended June 30 fell 40 percent to A$348 million ($291 million) as the company set aside more money to cover bad debt. Impairment losses on loans soared 10-fold to A$710 million. NGK climbed 4.6 percent to 2,290 yen. The company won a 60 billion yen ($639 million) order from Abu Dhabi to supply rechargeable batteries for power management systems, the Nikkei newspaper reported. Woolworths rose 3 percent to A$28.86. The company said it will start a joint venture with North Carolina-based Lowe’s and open more than 150 stores over the next five years. South Korea’s Daewoo Engineering & Construction Co. surged 6.3 percent to 14,400 won after Edaily reported Blackstone Group LP, KKR & Co. and Permira Holdings Ltd. may bid for the company. To contact the reporter for this story: Patrick Rial in Tokyo at prial@bloomberg.net ; Shani Raja in Sydney at sraja4@bloomberg.net .

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Scots Debate Lockerbie Bomber’s Release as U.S. Tourists Threaten Boycott

August 24, 2009

By Thomas Penny Aug. 24 (Bloomberg) — The Scottish Parliament will today debate the release of Lockerbie bomber Abdel Basset Ali al- Megrahi as U.S. tourists threatened to boycott the country over the SNP government’s decision to set him free. Al-Megrahi, 57, who is dying of prostate cancer, was greeted by cheering crowds on his return to Libya on Aug. 20 after being freed from prison on compassionate grounds. The decision was condemned as a “mockery of the rule of law” by FBI Director Robert Mueller and attacked by U.K. Prime Minister Gordon Brown ’s Labour Party. Al-Megrahi’s reception was described as “highly objectionable” by President Barack Obama . Visit Scotland , the government-funded agency promoting tourism, received e-mails from Americans saying they plan to cancel holidays and staff have been preparing for a backlash after the release of al-Megrahi, spokeswoman Alison Robb said. A Web site was set up to encourage people to boycott Scotland. “There’s a great deal of disappointment and hurt among many people in the United States,” Scottish First Minister Alex Salmond told Sky News in an interview yesterday. “We understand that and recognize that, but the relationship is strong, enduring and deep and it can’t be based on us always finding agreement.” The decision was made under the rules of the Scottish justice system which, unlike the U.S., has grounds for compassionate release, Salmond added. “Whether people believe our decisions were right or wrong, they were certainly made for the right reasons,” he said. Parliament Recalled The Scottish Parliament in Edinburgh has been recalled and will hear a statement by Justice Secretary Kenny MacAskill at 2:30 p.m. today, a spokesman said. The Labour Party, which lost elections to Salmond’s pro- independence Scottish National Party in 2007, will propose a motion condemning the release, Scotland on Sunday reported. The sight of Scottish flags being waved on al-Megrahi’s arrival in Libya “has damaged the reputation of Scotland, damaged our justice system and brought shame on our country,” former First Minister Jack McConnell of the Labour Party told the British Broadcasting Corp. today. McConnell said the parliament should make clear the decision was not supported by the Scottish people. Brown, who met Libyan leader Muammar Qaddafi last month, was criticized by the opposition Conservative Party for staying silent. Tourist Money Visitors from the U.S. accounted for 340,000 trips to Scotland in 2008 and spent 260 million pounds ($429 million) in the country, according to figures published by Visit Scotland. U.S. citizens account for 21 percent of spending by people from outside the U.K, the organization said. A planned U.S. advertising campaign for the Highland Homecoming due to start next month will go ahead, Visit Scotland spokeswoman Robb said by telephone. “We have had e-mails from people in America saying they’re going to cancel their holidays but have had no cancellations through our booking engine,” Robb said. “We have alerted our staff and made them aware of the situation.” Al-Megrahi was sentenced in 2001 to serve 27 years for the 1988 killing of 270 people in the bombing of Pan Am Flight 103 over the Scottish town of Lockerbie. Doctors estimated this month he had less than three months to live. Under Scotland’s so-called devolution agreement that re- established the parliament in Edinburgh in 1999, Salmond’s government is responsible for the country’s justice system as well as such things as education and health. To contact the reporter on this story: Thomas Penny in London at tpenny@bloomberg.net

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UBS May Give Data on 4,450 Accounts to U.S. Government in Tax Settlement

August 19, 2009

By Elena Logutenkova Aug. 19 (Bloomberg) — UBS AG , Switzerland’s largest bank, will divulge information on 4,450 accounts to settle a U.S. lawsuit that sought names of American clients suspected of evading taxes. Switzerland and the U.S. announced the agreement today, resolving a six-month legal tussle that put unprecedented pressure on Swiss banking secrecy. The accord will help the U.S. pursue “tax cheats around the world,” Internal Revenue Service Commissioner Douglas Shulman said on a conference call with reporters. UBS, the world’s second-biggest manager of money for the rich, admitted in February to participating “in a scheme to defraud the U.S.” and agreed to pay $780 million and disclose the names of more than 250 clients who allegedly hid assets from the IRS. A day later, the IRS sued the Zurich-based bank for information on as many as 52,000 clients. “UBS got caught red-handed and gave the U.S. a great opportunity to make an example of it,” says Cedric Tille , a professor at the Graduate Institute in Geneva and a former economist at the Federal Reserve Bank of New York. “I wouldn’t be surprised to see some highly visible prosecutions” among UBS account holders, he said. UBS fell 16 centimes, or 1 percent, to 16.74 Swiss francs in Swiss trading. The shares have gained 11 percent since the U.S. and Switzerland said they had reached an agreement in principle on the tax lawsuit on July 31. ‘Tax Evasion’ “This agreement gives us what we wanted — access to information about those UBS account holders most likely to have been involved in offshore tax evasion,” Shulman, 42, said today. “We short-circuited a protracted summons and litigation process by culling the accounts to the 4,450 that were of the greatest interest to us.” The accounts in question had about $18 billion in assets at one time, he said. Shulman said the IRS, as a result of the UBS case, is aware of other financial institutions, law firms and entities that help Americans hide assets offshore. “We’re going to have our targets set on all categories of folks,” Shulman said in an interview with Bloomberg Television. Eveline Widmer-Schlumpf , Switzerland’s justice minister, said that if Switzerland hadn’t cooperated with U.S. demands, the civil and criminal litigation risks would have hung over UBS for years. The agreement removes an “existential threat” to UBS and severe consequences for the Swiss economy, Widmer- Schlumpf said at a news conference in Bern. “There’s no reason for euphoria, however.” Rebuilding Reputation Under the agreement, UBS will give account data to the Swiss authorities dealing with the U.S. request, who will decide which information gets passed on. Clients will be able to appeal decisions to release their data at the Swiss administrative court. Switzerland pledged to carry through on the U.S. request within a year. “This agreement helps resolve one of UBS’s most pressing issues,” Chairman Kaspar Villiger said in a statement. “I am confident that the agreement will allow the bank to continue moving forward to rebuild its reputation through solid performance and client service.” During the negotiations, Switzerland had argued that any disclosure by UBS would require the bank to violate the Swiss banking confidentiality law. The Swiss also threatened to seize the data sought by the IRS if U.S. District Judge Alan Gold had ordered disclosures violating Swiss privacy law. Upholds Swiss Law “This settlement really upholds the Swiss law,” said Peter V. Kunz , head of the business law department at the University of Bern. “I was rather surprised that the American side agreed to this. My only explanation is that the Americans were already very happy with UBS clients going to the IRS voluntarily.” Since February, four UBS clients have agreed to plead guilty to failing to report their offshore bank accounts. Thousands of clients avoided prosecution by voluntarily disclosing their accounts to the IRS under a program that ends Sept. 23, tax lawyers said. UBS, the European bank with the biggest writedowns and losses from the global credit crisis, suffered client withdrawals of 156.3 billion francs ($146.8 billion) from its wealth management units since March 2008. Chief Executive Officer Oswald Gruebel said on Aug. 4 that a reversal in outflows will probably lag behind a financial improvement at the bank. Record Loss Gruebel has cut 7,500 jobs, sold a Brazilian unit, replaced three executive board members and raised 3.8 billion francs in capital from investors since joining UBS in February to help restore the bank’s profitability and reputation. His predecessor Marcel Rohner , who once headed wealth management at UBS, reported a 21.3 billion-franc net loss for 2008, the biggest in Swiss corporate history, and relied on help from the government to keep the bank afloat. The Swiss government, which invested 6 billion francs in UBS mandatory convertible notes to help the bank split off toxic assets, said today it will dispose of its holding immediately, according to a statement on the government’s Web site. Swiss Finance Minister Hans-Rudolf Merz said selling the government stake in UBS “wouldn’t be a bad deal” at the moment. “We’ve said that we want to sell the stake as soon as possible,” Merz said earlier today at the press conference in Bern today. Lost Top Ranking UBS lost its ranking as the world’s biggest manager of money for the wealthy after Bank of America Corp. bought Merrill Lynch & Co., Scorpio Partnership said in July. At the end of June, UBS oversaw 961 billion francs at its wealth management and Swiss bank unit, and 695 billion francs at the Americas division, which includes the former Paine Webber Inc., the company reported. A former UBS banker, Bradley Birkenfeld , pleaded guilty to helping wealthy Americans evade taxes and has cooperated with prosecutors. He is scheduled to be sentenced on Aug. 21 in federal court in Fort Lauderdale, Florida. Birkenfeld was a banker for California billionaire Igor Olenicoff , who pleaded guilty in December 2007 to filing a false tax return that failed to declare accounts at UBS, where he once had $200 million in assets. Olenicoff got two years probation and paid $52 million in back taxes, interest and penalties. Diamonds in Toothpaste In April 2008, Birkenfeld was indicted with Liechtenstein investment adviser Mario Staggl for allegedly helping Olenicoff and others evade taxes. Staggl is a fugitive. At his guilty plea, Birkenfeld said UBS earned $200 million a year by managing $20 billion in assets and setting up sham entities for clients in tax havens such as Panama and the British Virgin Islands. Birkenfeld said as many as 60 UBS private bankers had trolled for clients at UBS-sponsored art shows, yachting regattas and golf and tennis tournaments. He said he toted customer checks to deposit in European banks and bought diamonds for one client, smuggling them to the U.S. in a toothpaste tube. Another UBS banker, Raoul Weil , was indicted and declared a fugitive, and a third who ran the now-shuttered cross-border business, Martin Liechti , was held by the U.S. as a material witness for several months last year. “Mr. Weil is an innocent victim in a political dispute between the United States and Switzerland over the confidentiality of customer information under Swiss banking laws,” Aaron Marcu , a New York-based attorney for Weil, said in a statement today. “Now that the dispute has been resolved through international diplomacy, the next step should be the dismissal of the unjustified indictment.” The case is U.S. v. UBS AG, 09-cv-20423, U.S. District Court, Southern District of Florida (Miami). To contact the reporters on this story: Elena Logutenkova in Zurich at elogutenkova@bloomberg.net

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Jonathan Littman: The Fall of the Flimflam: What Every Executive Can Learn from BofA’s Sleight of Hand

August 12, 2009

This week we learned help may be on the way for shareholders and the public. Judges and Congress aren’t going to stand for companies that hide critical facts from investors about billions of dollars. Smart executives are paying attention. Judge Jed S. Rakoff of New York is my idea of a true American hero. This week he had the guts to ridicule the sham $33 million settlement put forth by the bungling SEC and the invisible executives of Bank of America. He stated the obvious. That there was something bizarre about paying a mere $33 million for swiping $3.6 billion in taxpayer bailout funds slipped under the table to Merrill Lynch executives, calling the 1 percent fine “strangely askew.” To review: As Merrill melted down last year, BofA came to the rescue with taxpayer cash, but hid some cards. Executives at the bank decided shareholders didn’t need to know they were tossing golden bones to the Merrill flunkies on the eve of the December 5, 2008 shareholder vote approving the merger. Federal law requires companies to disclose “market moving” information to investors. Silly question: since when was a secret $3.6 million payoff (the original amount was up to $5.8 billion) not market moving information? Attorneys for BofA don’t believe the bank — or its executives — violated the law. And why should they? The good old SEC, which has proven itself utterly unequipped to stop corporate fraud in this century — Bernie Madoff, anyone? — didn’t even make the bank admit wrongdoing. Nor did it have to say sorry to taxpayers for grabbing billions that might have paid for roads, health care or schools. Or arrange for the Merill Marauders to give the ill-gotten gains back. “When this settlement first came to me, it seemed to be lacking, for a better word, transparency,” said Judge Rakoff. He’s not alone: Congress has called for hearings. But maybe Congress and the judge are looking at it the wrong way. If you think of BofA and the SEC as part of Danny Ocean’s gang in the heist flick Ocean’s 11 , this was a beautiful Flimflam. Trick shareholders into thinking there are no golden parachutes. Strong-arm the SEC into arranging a fine of less than 1 percent of “the take” and it’s a beautiful piece of work. That’s a pretty good one-two punch: Grab the cash and then minimize the punishment. As an investment — by the numbers alone — this was pretty darn impressive. In Ocean’s 11 , Danny and his crew had to put up several million to pull off a $150 million heist from the vaults of Vegas casinos. But that was a movie about a heist. This is the big-time, a gigantic Flimflam. And it’s real money taken from your pocket. Here all the Charlottans from North Carolina had to do was throw away the reputation of a 105-year old bank for good. Not do the honorable thing and tell shareholders the facts: that the merger was built on a wicked premise — the greedy executives who destroyed Merill must be showered with wealth. Here’s why I think this decent judge may turn this debacle into a powerful morality lesson for executives everywhere. He’s not buying this sleight of hand. He doesn’t believe that CEO Ken Lewis and John Thain, Merill’s deposed chieftain, were ignorant of these machinations. The judge wants the SEC to name who is to blame for this failure of disclosure — for raiding our taxpayer vaults. He isn’t going to stop until that agency gives up a name. Said Judge Rakoff: “Was it some sort of ghost or a human being?” It’s a great lesson in business ethics and transparency. Corporate Flimflams will never be the same. Jonathan Littman is the co-author of the new book I HATE PEOPLE! (Little, Brown and Company; June 2009) with Marc Hershon. A Contributing Editor at Playboy, Jonathan is the co-author of the best selling Art of Innovation.

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Qatar Scores Coup at Porsche Riding Family Feud to 17% VW Stake

July 24, 2009

By Robert Tuttle July 24 (Bloomberg) — Qatar’s ruling emir, who toppled his father in a bloodless coup in 1995, has come out on top of another power struggle thousands of miles away in Germany, where the Porsche dynasty is losing control of the sports-car maker. Porsche SE yesterday agreed to combine with Volkswagen AG after a four-year attempt to take over the larger German rival left Porsche paralyzed with debt. Qatar will own 17 percent of VW with options accumulated from Porsche, making the Gulf kingdom the third-largest investor in Europe’s biggest carmaker

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