telephone

Huffington Post…

In all fairness, that is not exactly what the Supreme Court actually ruled, but that certainly is the effect of the ruling. The Court held that a suit which involved individual claims of $30.22 against AT&T Mobility could not proceed as a class action because the claimants had each agreed to arbitrate any disputes with the company. In reality, absent the vehicle of a class action, no one was going to pursue a claim for $30.22. So in the face of the millions of arbitration clauses that appear in all types of purchase, licensing and similar agreements (unbeknownst to consumers) their chance of recovering small claims has been effectively barred. No individual is going to spend the time and money to pursue such a claim in arbitration. Companies that do not have such clauses in their purchase or licensing agreements will certainly include them now. Raise your hand if you have ever read the agreement you sign with your telephone company or the licensing agreement you accept with your software. Consumers are totally at the mercy of the companies with whom they deal. Arbitration, indeed, makes good sense in many instances, but not where it is utilized to defeat claims, particularly such as the ones asserted here based upon fraud and false advertising. There has been some valid criticism of past class action abuses, but the very purpose of class actions was to permit persons to join together in situations such as this in which their individual claims were not worth pursuing or it was too expensive or difficult to do so. Although I have no knowledge as to the merits of the claims asserted here, in rendering this decision, the Supreme Court has permitted alleged corporate fraud to go unheard and unpunished and, in turn, has silenced the voice of the consumer in the process.

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Judge H. Lee Sarokin: Supreme Court Rules That Small Claims Cannot Be Pursued Against Big Corporations

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From
Marketwire – Management Changes:

WARWICK, NY–(Marketwire – May 5, 2011) – Warwick Valley Telephone Company ( NASDAQ : WWVY ) (the “Company”) announced today the final certified results of the votes at its 2011 Annual Meeting of shareholders, held Friday, April 29, 2011. The following directors were elected for one year terms: Jeffrey D. Alario, Duane W. Albro, Douglas B. Benedict, Kelly C. Bloss, Robert J. DeValentino, Thomas H. Gray, and Douglas J. Mello. The shareholders approved the selection of WithumSmith+Brown, P.C. as the Company’s independent accountants for the year ending December 31, 2011.

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Warwick Valley Telephone Announces Final Vote Results and Committee Assignments

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Edward Muzio: Your Reorganization: Better Left Undone?

November 19, 2010

Reorganization is the drug of choice in many workplaces, and it isn’t hard to see why. Take an organization of people, put someone in a leadership position, and introduce a confusing, far-reaching, ill-defined problem. The leader, feeling the need to live up to his or her title, quickly realizes that the problem is bigger than any one person. If the problem arose in the current state of things, a new future state is needed to solve it. After all, it was Albert Einstein who said that “we cannot solve our problems with the same thinking we used when we created them.” How can you argue with Einstein? And so, the pressure to involve the group, to improve the system, and just to do something leader-like combine, naturally drawing the well-meaning leader to take action on the system. Let’s look to the organizational chart! We will see how things look, and where we can make improvements. To make the lure of the drug even stronger, a line of impressively-credentialed internal and external consultants is standing by to help. Any of them is happy to offer expert insight into possible changes. Whether or not their help is used, their existence lends credibility to the strategy. Credible it is! It’s logical, it feels natural, and it’s much more comfortable than sitting around doing nothing. But there is a terrible, fatal flaw with “the reorg” hiding in plain sight: The org chart has nothing to do with reality. Making changes to a human system based upon an org chart is like planning a drive through Los Angeles by consulting a map of Paris, drawn on a cocktail napkin, by a fifth grader. Consider its history. The org chart is a leftover from long before today’s information age. The first one is believed to have been drawn in the mid 1850s by a railroad superintendent named Daniel McCallum to optimize track construction over long distances. Back then, the organization was top-down and hierarchical. Each worker was a point in the process, and higher-level individuals had broader views of the systems than their subordinates within them. Today’s information age workplace is completely different; Therein lies the problem. Consider the following picture: an org chart on the left, today’s reality on the right. Both images display an overall manager with three supervisors, managing three subordinates each. But the “org chart” completely misses all of the other communication links within the organization and outside of it, which together comprise the majority of information movement. There’s a parallel here. Those of sufficient age may recall the popularity of the “telephone tree,” a prior generation’s tool for information transfer to parents of schoolchildren. Each parent was assigned a position in the tree. When a piece of information — such as a snow-day cancellation — needed to be quickly disseminated to everyone, you would receive a call from your “superior” in the tree, and then you would call your “subordinates” with the update. Each person would make only a few calls, and the information would cascade quickly down the hierarchy. If this doesn’t sound familiar to you, it’s because some years ago e-mail killed the telephone tree. With e-mail, any group member can disseminate information instantly, to some or all of the others, with the click of a button. One parent schedules a pizza party for everyone; another asks half the group for help with fundraising; Four individuals living in the same neighborhood collaborate to arrange a carpool. This new method of communication was adopted rapidly, because it was easier. It rendered the phone-tree obsolete. Perhaps a few schools keep the phone-tree around today. But if you were to attempt to understand a group of parents by studying the phone tree, you would be missing most of the story. That is precisely what an org-chart-based reorganization does. Reorganizers study an obsolete, inaccurate, non-representative, infrequently-used map of a system, and then implement a set of changes to that system based upon the conclusions drawn from the faulty map. In other words, they review the left half of the figure above, and use it to make changes to the right half. Then, in what is perhaps the most insidious step of all, they redraw the inaccurate map — the new org chart — based upon the expected results of the changes, rather than upon the reality of the new situation. To really understand this, consider a situation in which two individuals are removed from the organization. As you can see below, the org chart fails completely in its purpose of adequately representing the real impact to the crystalline network of this change. And yet, the “new org chart” in this scenario will be drawn exactly as it is shown on the left, with the removal of two “boxes.” It will be used going forward as the basis for understanding the system, regardless of what happens in real life. What happens in real life is decidedly different! Person two and person four, for example, are both members of Person one’s staff. Previously, they had little direct contact, and no direct link. But somehow, Person 10 had become a de facto interface between the heads of two departments. When Person 10 departs, this link will be one of more than fifteen broken links in the figure. The looming chaos is completely hidden by the false sense of order implied by the org chart. Most of us have who have been a part of an organizational change have experienced this phenomenon. A seemingly insignificant person retires, for example, and the resultant confusion takes months to sort itself out. Conversely, a manager with an important title changes jobs, and nobody seems to notice. The lesson is clear: No matter how long and hard the org chart is studied, changes to it produce shock waves and impacts that differ wildly from predictions. This is not at all surprising when you realize that the predictions were based upon a faulty map. And yet, for some reason, we keep repeating the same behavior. Sure, an org chart may be useful for defining reporting relationships, assigning responsibility for the completion of annual performance reviews, and for articulating the path of flow for top-down informational bulletins that require live delivery from management. But the next time you’re planning on making wholesale, system wide changes based upon your org chart, I strongly suggest that you stop, think again, and find a different solution to your problem. LA is a big city, and that fifth grader’s map of Paris isn’t going to keep you from getting lost.

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David Isenberg: ABC J’accuse MEP: There is no there there

September 14, 2010

Last week ABC News Investigative Team, including its chief investigative correspondent Brian Ross, ran a story that seemingly confirmed much of the negative coverage one sees in the media about private military contractor issues. On Sep, 8 it reported that Paul Funk, a former employee of Mission Essential Personnel (MEP), a major provider of translation service, interpreters and cultural advisors to the U.S. government, charged that more than one quarter, 28 percent to be precise, of the translators hired by the firm between November 2007 and June 2008 to work alongside American soldiers in Afghanistan failed language proficiency exams but were sent onto the battlefield anyway. [Click here for video interview excerpts.] Funk, who worked as Director of MEP’s Pre-Deployment Processing Center in Linthicum, Maryland, outlined his claims in a whistleblower lawsuit unsealed earlier this year against MEP, and co-defendants Language Learning Enterprises, Inc. and Ceiba Enterprises, Inc. dba Gracor Language Services Inc. , saying the company turned a blind eye to cheating on language exams taken over the phone and hired applicants even though they failed to meet the language standards set by the Army and spelled out in the company’s contract. Basically Funk is modifying the famous line from the classic move Cool Hand Luke; what we have here is a deliberate failure to communicate. Essentially Funk is claiming MEP committed Fraud. The relevant part of his complaint, filed April 1, states: MEP, LLE, and Gracor fraudulently presented and/or caused to present claims to the United States and received therefrom payment for services that were not rendered under an MEP contract with the United States military. MEP fraudulently presented claims to the United States and received reimbursement of per diem amounts that were not allotable under an MEP contract with the United States military. If these charges are true it would be enormously serious. Anyone familiar with U.S. military operations in Iraq and Afghanistan understand that without qualified translators and interpreters U.S. military success, however you define it, is virtually impossible. After all, it doesn’t take a rocket scientist to understand that you can’t win the hearts and minds of the local populace if you can’t understand what they are saying. There is only one problem with the ABC story. The more you look into it the shakier it looks. It seems similar to what Gertrude Stein famously said about Oakland, California, “There is no there there.” I will detail the reasons for doubting the ABC story in a moment but first some necessary background about the False Claims Act. The Act, also called the “Lincoln Law” due to its earliest incarnation first being passed back during the American Civil War) is an American federal law that allows people who are not affiliated with the government to file actions against federal contractors they accuse of committing claims fraud against the government. The False Claims Act, passed by Congress on March 2, 1863, was an effort by the USA to respond to entrenched fraud where the official Justice Department was reluctant to prosecute fraud cases. A reward was offered in what is called the “qui tam” provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. Qui tam is short for the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur”, which means, “he who brings a case on behalf of our lord the King, as well as for himself.” In a qui tam action, the citizen filing suit is called a “relator”. As an exception to the general legal rule for standing (law) of a party, courts have held that qui tam relators are “partially assigned” a portion of the government’s legal injury, thereby allowing relators to proceed with their suits. Persons filing under the Act stand to receive a portion (usually about 15-25 percent) of any recovered damages. The Act provides a legal tool to counteract fraudulent billings turned in to the Federal Government. The Act establishes liability when any person or entity improperly receives from or avoids payment to the Federal government–tax fraud excepted. Let’s acknowledge that this is a big contract (number W911W4-07-D-0010) for MEP). MEP’s contract, as initially awarded in September 2007 by the U.S. Army Intelligence and Security Command (INSCOM), included a 5-year ordering period (through September 2012) with a total ordering ceiling of $703 million. At the time of award, the agency estimated that it would need approximately 3,000 linguists to support the military’s operations in Afghanistan. Because MEP’s contract was imminently reaching its $703 million contract dollar ceiling, on March 18, INSCOM modified the contract to increase the ceiling amount by $78.5 million. INSCOM awarded MEP another $679 million dollars, on May 7. This second modification increased the dollar ceiling under MEP’s contract to $1.460 billion. Note that earlier in the year another firm, WorldWide Language Resources, Inc., protested the decision by INSCOM to modify its contract with MEP. WLR contended that the modification violates the competition requirements of the Competition in Contracting Act of 1984. But last month the Government Accountability Office, denied WRL’s protest, noting “the record shows that the agency reasonably concluded that the incumbent contractor was the only firm capable of meeting the agency’s interim need for the services.” In the years subsequent to MEP’s award, the military’s need for linguists has exceeded the numbers estimated by INSCOM. Presently, MEP’s contract supports approximately 6,826 linguists at up to 200 locations in Afghanistan. The increase was driven by the August 2009 review of the U.S. Afghanistan strategy directed by President Obama. Based on this review, the estimated requirement increased to 5,000 linguists per year in anticipation of greater U.S. involvement in Afghanistan. The second event was the “surge” decision of December 2009, which provided for sending an additional 30,000 U.S. forces to Afghanistan by the end of the summer in 2010. This surge has driven the need for linguists to their current levels since they are an integral component of the expanding U.S. combat operations in Afghanistan. Thus, MEP has an obvious self-interest in denying Funk’s claims. Let’s also note that the Defense Department Inspector General is investigating the case , per below; although that is standard procedure when a False Claims act is filed: Implementation of Security Provisions of a U.S. Army Intelligence and Security Command Contract for Linguist Support (D2010-D000JA-0165.001) The DoD OIG is determining whether the security provisions of a U.S. Army Intelligence and Security Command contract for linguist support in Afghanistan (W911W4-07-D-0010) were implemented effectively. This project is one in a series of reviews regarding linguist support in Afghanistan. Report D-2010-079 addresses whether a contract for linguist support in Afghanistan (W911W4-07-D-0010) included appropriate security provisions. The DoD OIG began this project during the 3rd Quarter of FY 2010. Although what the IG is investigating is whether the MEP translators were properly screened and vetted. This, by the way, is a U.S. government responsibility, not one of MEP. Let’s also acknowledge that one reason people may be inclined to believe Funk’s charges is that there have been real problems in the past with companies providing translators to the U.S. government. As RFE/RL reported two years ago: One problem has been for the U.S. military to get qualified Dari and Pashto translators who also meet the Pentagon’s security criteria. For years, the Pentagon required that its translators be American citizens and also have top secret military security clearance. That was the case through 2005 when translations for U.S. forces in Afghanistan were provided by the private U.S. firm Titan as part of a $4.65 billion contract with the U.S. Defense Department. Former Titan employees tell RFE/RL the company had great difficulties meeting the demand for Afghan translators with the necessary security clearance. As a result, former employees say Titan appeared to overlook the language deficiencies of many of the translators it provided. A firm called L-3 Communications Holdings inherited Titan’s translation contract when it bought Titan in 2005. [By year's end, with numerous complaints on file about Titan translators, L-3 lost the contract for interpreters in Iraq. A new five-year deal for U.S. military translations in Iraq was awarded in February to Global Linguistics Solutions, a joint venture of DynCorp International and McNeil Technologies.] One can find detailed background on U.S. military use of contractor linguists in this Defense Industry Daily roundup . All that said, there are several reasons to be skeptical of Funk’s claims Why should people doubt the ABC story? First, consider the source. ABC News, in recent years has not had a good record when it comes to breaking investigative stories. Brian Ross, in particular, has been wrong on multiple stories, as this Salon article recently detailed. In 2007, Ross ran an exclusive interview with former CIA officer Jon Kiriakou about, among other things, the efficacy of waterboarding. That story, hyped uncritically by ABC, was picked up in other media and informed the public debate about waterboarding for years — until, of course, it turned out to be bogus. Last November, Ross reported that the Fort Hood shooter, Maj. Nidal Malik Hasan, had attempted to make contact with “people” associated with al-Qaida. That turned out to be not true. In December, he reported that a released Guantánamo detainee was a mastermind of the attempted Christmas Day bombing. As it turned out, the detainee in question had actually been in the hands of Saudi authorities for months and had no role in the plot. That didn’t stop myriad media outlets from picking up the inaccurate story. Given his recent record if Ross were Treasury Secretary the country would be in a full-blown depression. Second, the way ABC dealt with MEP when getting its side of the story smacks of a setup. Keep in mind the timeline. ABC’s story ran Sep. 8. But it did not contact MEP until Sep. 1 and then only to say they were doing a story on translators without providing any specifics. It was not until the next day they asked about the allegations made by Funk. MEP officials asked for a meeting so they could rebut the allegations but they did not meet with ABC News until Sep. 7, the day before the piece ran. That smacks more of gotcha accusations, rather than serious journalism. Having done some writing for television myself in the past I know that if one is sure of one’s facts one does not do an interview with a company one suspects of wrongdoing less than a week before your story airs. Even so, according to a statement MEP released, “Prior to airing this erroneous story, MEP provided ABC extensive information on the record – both in-person and in writing. With willful disregard, ABC chose to ignore the facts, doing a grave disservice to the public, and to many good people in the field.” Third, and fairly important, Charles Miller, a Justice Department spokesman, who I reached by phone last Friday, said, that the Justice Department “has not joined the suit by the relator [Funk]. Now that is not to say it couldn’t do so later on. Still, if Justice thought Funk had a slam dunk case it likely would have already joined in the suit. Fourth, a hearing is expected to take place on September 23 where a judge will consider the motion by MEP attorneys to dismiss the case. Speaking on background, sources close to Funk’s legal team acknowledge that they may have to replead their suit and add more specificity to the charges, tacitly acknowledging that they understand the motion to dismiss will likely succeed. Thus, this would mean that Funk’s lawyers are asking for a third chance to amend their complaint, after failing two times in the past. Fifth, the ABC piece uses weak, secondary sources. ABC used a video clip depicting an interpreter doing a bad job, from the British Guardian, but that interpreter was not an MEP employee. ABC cited several other sources to bolster the claim that MEP linguists are flawed. One source is a former military Pashto linguist who says she witnessed bad translation. But her online bio says she was wounded and sent home in 2006, the year before MEP won its Afghanistan contract. Hence, she never worked with MEP linguists. The next source is an Afghan politician who says he has seen examples of poor Army translators. His comments are general and vague and there’s no indication he has ever worked with MEP linguists. In its online version , ABC quotes a British journalist saying he believes unskilled translators take the jobs because they are lucrative, referring to a linguist who became “the rock star of his village.” This reference makes clear the journalist is referencing linguists who are Afghan locals, not the US-hires discussed in the lawsuit. Sixth, ABC seems not to understand basic contract types. ABC suggested MEP is motivated to fill positions with weak linguists because “The more they recruit, the more they make.” But MEP’s contract is cost plus award fee, meaning MEP is reimbursed for its costs. MEP’s profit comes from its award fee which is tied to its performance rating from the Army. Award fee is based on the number of qualified linguists, as well as the quality of the linguists deployed. If MEP provided poor linguists, its rating, and therefore its profitability, would decline. Finally, in his complaint Funk says the defendants conducted Oral Proficiency Interview (OPI) testing of linguist candidates over the telephone, rather than in person, which is the industry standard and the only way to prevent fraud by the person being tested. But he fails to note that this was just the first of a three prong system MEP employs, the other two being a written test and an integrity test that occurs by video conference or in person, which MEP put in, above and beyond the terms of the contract. The phone tests and written tests are catalogued and saved for review by the military. It is worth noting that MEP’s contract with INSCOM does not actually call for doing in person interviews. Thus, at the time Funk worked for MEP translator candidates would undergo an OPI and written test. Later, after MEP instituted its integrity test, the candidate, if he passed the other two tests, would have to do an interview with a MEP employee who is a native speaker of the required language, such as Dari or Pashto. The standards for these language tests are set by the U.S. Government and are based on the Department of Defense’s Inter-Agency Language Roundtable (ILR) standards. MEP’s language testing programs were audited in 2008 and 2010. Back when Funk worked at MEP the OPI and the written test were the assessment tools used. Since then, MEP added the integrity test, a final assessment, which includes an in person or video teleconference interview with a native speaker who is an MEP employee. As noted earlier there has never been anything in MEP’s contract with INSCOM specifying the means by which it is supposed to test its interpreters. To the extent that this is a real concern government can easily solve it by specifying in its contracts the means for doing so, just as it specifies the means by which private security firms must confirm the qualifications of those they hire. Finally, the people in the best position to judge, MEP’s client, seem satisfied with its performance. At a July 26 hearing of the Commission on Wartime Contracting, MEP CEO Chris Taylor noted MEP has received ratings of “outstanding” from the US Government for the last eight quarters.”

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Dennis Santiago: Keep a Watchful Eye on Banks From Your Mobile Phone

September 13, 2010

The days of the desktop or even laptop computer as a person’s primary interface to the internet are numbered. The trend is to do more and more on the go on your telephone handset. Everything needs to re-cast itself onto these devices as terms like IPhone and Android replace PC and MAC as what people argue when talking platform preference. We see banks going from “on line” banking to “in hand” banking. The applications themselves are compacted down XHTML mini-websites that run quite well on mobile browsers that are then encapsulated inside device specific app shells to make them more convenient on a person’s phone. Ok that gets the supply side of banking tools moving. It’s only logical that the next step is to bring consumer and even professional analytics to the handheld device. There is need for independent ways to find banks and — more important — ask consumer choice questions about how they rate compared to their neighbors. At Institutional Risk Analytics, we think that need extends to something anyone can access on the go. Having built and donated the online tool that helped power the “Move Your Money” project earlier this year, we got plenty of exposure to what consumers need in the palms of their hands so we decided to take a crack at a testbed. Try it yourself on your phone’s browser at BY CLICKING HERE or going to http://us1.irabankratings.com/mobile/home.asp . The tool is laid out in the simplistic “point and shoot” style guide necessary to make it work while standing in line at Starbucks. It works on a regular browser too actually in keeping with adhering to the simplest possible HTML tenets. We decided to start our tests with four functions. 1. Get a Grade – Shows if the bank is above or below the ‘B or better’ marker line. 2. Find Nearby Banks – Finds banks by zip code for now. We’ll make it device location aware a little later. 3. Read the Latest IRA Newsletter Article – Provides a simple test for packaging in depth writing so we can figure out how news and blog sources should interact with a handheld surveillance tool. 4. Industry Fact Sheets – To experiment with packaging numbers intensive reference data into a handheld device. And then it gets better, This experimental application covers all banks large and small so you can look up the branches of the mega money centers as easily as the tiny community banks. It delivers grades on them all and lists of nearby branches. Then the tool has “map links” that will automatically invoke Google Maps with one touch of your thumb. But wait there’s more, A fifth function allows your phone to log in to IRA’s online IRABankRatings.com consumer and light industrial system and once logged it’ll enable you to access all the reports you have your desktop/laptop application from the browser. If you are a full level advisory or government user of the even more powerful Professional IRA Bank Monitor with it’s Counterparty Quality Scoring and “Shadow” CAMELS calculators, it will let you extend those reports into your handset too. This means the tool silo is set up like a layer cake of horsepower. Use the level most appropriate to the type of user you are. The purpose of this of course is to enable everyone from casual consumers to field personnel to have a greater portion of their information needs served conveniently because this in the end is what preventing future systemic risk is all about. Efficient market discipline means increasing transparency for everyone from the most learned elites to the proverbial little old lady from Pasadena. Take a look for yourself. It’s pretty cool for a five day old application, roughly about the same age the Move Your Money Zip Code Tool was on December 29, 2009. I expect we’ll see more of these kinds of “ordinary people’s” surveillance tools tracking banks over time. Some will help keep the playing field more transparent and others will market special interests. But if we all learn to read between the lines better we will ward off becoming a “Third World America”. Note: For those that note that this testbed is full of IRA products, yes that ‘s true. But when one wants to build something to tinker with quickly it’s sort of important to only use pieces you actually own and have the rights to do with as you please. I have no idea what the final mix of components for a true killer app is yet. Feedback and suggestions are welcome.

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Richard Laermer: Seven Signs The Recession’s Still Ramming Us

September 1, 2010

This is not a rant. It’s a reintroduction to something you knew in 2009 all too well: The Great Recession. People tried to tell us it was over. I, like you, was skeptical. Here is a look at how to recognize that we are back in the throes of a tough time, when we need to rely on our own instincts. What follows is information that might help you get through these difficult months. Deep breath. Most of us are going to make it just fine when this is over — even if it’s years. And incidentally, you should be proud of each of your gray hairs, earned by stress and success. The best indicators of The Recession That Would Not Depart? I see them daily, especially as I lead RLM Public Relations through this, dare I say it, quagmire. 1.) Clients say they need to stop paying for services for budgetary reasons, but they request a pass from the agreement terms. Their idea: “We thought you would want to help us.” We what? 2.) A so-called friend (SCF) says please do a presentation/in-person project/bit of work they don’t want to do — which will take lots of your time — for free because “it’ll be good for you.” Really? Oh, and I doubt the SCF says please either. 3.) When you ask someone how he or she is doing, this person changes the subject, and you both laugh. 4.) You read a post like this and nod like a bobble head doll. When you woke up to this recently, no one around you wanted to admit it! Now you say, “Damn it, I was right.” 5.) Having insufficient funds suddenly is neither painful nor shocking. You can’t complain because everyone has these pains. What can you do? Do you have un-payable bills? Send them back with a let-me-tell-you-why note — respectful but explanatory. (Writing thoughtful notes about your money woes will get a response that will surprise you. Communication is key in recessionary times.) 6.) A regular gig is less accessible and interesting. You start to wonder how you can get paid for your honed skills — whether it be “migrant working” (term for a worker freelancing for a company that once paid you a salary), setting up shop and making it official via incorporation or LLC, or picking up the killer app (or the telephone) and asking everyone you know what they have for you. Keep in mind that…. …Flexibility is key during this period. Don’t be quick to say no to anything And 7.) People are really surprised when you ask for a fee! Someone in Israel actually said that even though Ernst & Young is a huge corporation and was bringing in all their clients to see me speak, well, let’s hear it from the horse’s mouth: “The fact they are giving the stage and the publicity without asking for a sponsorship fee is not uncommon.” Yeah, whatever. I have to say, based on research, doing whatever is necessary is how earlier societies made it through tougher times than this. (And also by ignoring the ignoramuses who feed us the above BS.) In the past, folks didn’t think of themselves as being on the hunt for a job. They just thought it was a break between chapters! So, 2010 and 2011 will be “survival of the fittest “. Man, that Darwin and Spencer knew their stuff Remember that being fit means “being in the know” about topics way outside your field so you can jump in and help where others are clueless. That’s how you earn money where others fail: You are so IN on what’s happening that people who interview you for freelance jobs really want to spend time with you. The following is self-promotional and worthwhile. That’s what my book 2011 is about. If you are broke just write me; I’ll just send you the chapters you need to read! I also highly recommend Sally Hogshead’s Fascinate for more on how to “fascinate” others–now, when they need it most. But this isn’t a book review. You got tough times. I got tough times. But I have one request: I would like it if Americans stopped focusing for a bit on the trivial like the JetBlue guy, Levi Johnston, and the girls who ran from the Playboy Palace. We get through with nonstop focus and non-distracted concentration. A constant discussion of what’s unimportant is problematic in an era of dribbled shit, and it explains why the celebrity magazines are down more than 10 percent. (Good riddance, In Touch Weekly . Enough about Jessica Simpson already.) A recession brings out the best in people. Did you know that Aug. 25 was the National Day of Action to help the folks most hurt by the BP disaster? That day my friend Geoff Livingston (co-host of my weekly podcast “The El Show” ) and I co-hosted a benefit in New York at the Village Pourhouse (they donated the place and 15 percent of the bar total!). This was for families who lost their livelihoods in full part due to British Petroleum… And it was our way of giving back. You can donate too! If you would like to help, here’s a link . I hope you enjoy the rest of your summer. Hey, do you think Justin Timberlake will do a song called RecessionBack ? Just askin’. Comments, questions, or compliments? Tweet @laermer . Let’s get this party stopped!

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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SBA’s Katrina Loans Criticized For Mismanagement, Bias, ‘No Compassion’

August 24, 2010

CHALMETTE, La. — Five years after Hurricane Katrina, Jay Young is still haunted by the desperate voices on the other end of the telephone crying and begging for help. As a loan officer for a federal agency that was supposed to help homeowners and businesses get back on their feet, he had high expectations he could make a difference. But he recalls how he was forced to turn away many qualified applicants because of what he says was pressure from his supervisors to close files quickly. Karen Bazile remembers having high hopes, too, when she applied for a loan from the same agency, the Small Business Administration, to rebuild her home in the New Orleans suburb of Chalmette. While she ultimately got the money, she quickly lost faith as she struggled with different loan officers who misplaced her paperwork and told her she had only 48 hours to find and fax critical documents or her application would be canceled. ___ EDITOR’S NOTE: This story was reported by Associated Press writers Mitch Weiss, Michael Kunzelman, Holbrook Mohr, Cain Burdeau, Troy Thibodeaux and Jason Bronis. It was written by Weiss. ___ Some 160 miles to the east, in Alabama, Erik Schmitz, former commodore of the Fairhope Yacht Club, takes in a breathtaking view of Mobile Bay from a posh new clubhouse rebuilt in part with a $1.5 million disaster loan, the maximum from the SBA. For Schmitz, the entire loan process was smooth sailing. While stories of the Federal Emergency Management Agency’s contaminated trailers and the Army Corps of Engineers’ inability to shore up the levees captured the headlines in the aftermath of the deadly storms of 2005, the bungling of the SBA, the lead federal agency helping people rebuild their homes and businesses, has largely been untold. The sagas of Schmitz, Bazile and the SBA’s Young, who worked out of the agency’s massive loan processing center in Fort Worth, Texas, collectively reveal how the SBA failed in so many ways, an ominous experience as the agency prepares to play a similar role in the aftermath of the massive BP PLC oil spill. These are stories of a mismanaged bureaucracy that still hurt half a decade later: tales of applications for low-interest disaster loans that should have been approved but were not, of applications deleted from the SBA computer system for no valid reason, of impossible-to-meet deadlines manufactured to clear backlogs, and of a process so chaotic and painful that thousands simply gave up. An Associated Press investigation based on more than 200 interviews, thousands of pages of public documents obtained under the federal Freedom of Information Act and a first-ever detailed computer analysis of SBA data from hurricanes Katrina and Rita found that: _ Despite the obvious need, 55 percent of homeowners and businesses that applied for help after the hurricanes were turned away. According to data provided by SBA, of 318,953 applications processed, 175,463 were rejected and 143,490 were approved. _ Only 60 percent of the loan money approved by SBA ultimately reached applicants. Over the years, SBA officials have told congressional committees that the agency had approved more than $10 billion in loans, touting it as an example of how SBA had helped those on the Gulf Coast. However, according to the data, only $6.1 billion of the approved loan money has been dispensed. SBA officials say many applicants never accepted the loans because they found other ways to rebuild, including using insurance money. But many former applicants said in interviews that they just walked away because the entire process took too long and was too complicated. _ Of the money SBA did distribute, $357 million – nearly 6 percent – has never been repaid. More than a dozen people whose loans were charged off told the AP that the agency hasn’t contacted them about repayment. _ Country clubs, yacht clubs, exclusive private schools and megachurches received millions in loans from the agency founded in 1953 with a mission to “aid, counsel, assist and protect the interests of small business concerns.” Some of the more substantial operations rebuilt bigger and better, often contradicting SBA rules that say damaged buildings should be repaired only to their original state. _ Homeowners and businesses in higher-income areas were more likely to get a loan than those in lower-income areas, according to AP’s analysis of SBA data by ZIP code. “The truth is that only the wealthy moved through the system easily,” said Gale Martin, another former SBA loan officer. “If you were of a certain income, we funded you first, which is not the way the system is supposed to work.” Martin contended that contrary to the SBA mission to especially help people who didn’t always have the means to rebuild, applicants with higher credit scores and bigger incomes were cherry-picked for processing first because those files could be closed quicker. _ A disparity also existed along racial lines. For example, the predominantly white, wealthier Lakeview section of New Orleans had the city’s highest ratio of approvals to rejections, while the lowest approval rates were in poorer, mostly black areas like the Lower 9th Ward. But a racial disparity was clear even among economically similar areas. SBA approved nearly 66 percent of loan applications in a predominantly white part of suburban St. Bernard Parish but approved only 42.1 percent in a predominantly black, adjacent section of eastern New Orleans with comparable median household income. SBA officials said they don’t collect information about race on loan applications, but try to reach out to applicants in poor neighborhoods. Civil rights leaders say the agency hasn’t done enough to help. SBA officials insist the agency today is better prepared to handle a major disaster. “We’re not proud of what happened during the 2005 Gulf Coast hurricanes,” said James Rivera, deputy associate administrator of SBA’s office of disaster assistance. “Our response was slow, but we’ve learned from our mistakes. We’ve had five years to reflect on this.” During that period, agency officials say, they have added staff, improved technology and simplified the loan process to push money out quickly to disaster victims. But recent reports by government watchdog groups and some critics have slammed SBA for being too slow to implement measures that could improve an agency with a troubled past. Congressional investigators and SBA whistleblowers question whether the agency is any better equipped for a major disaster today, as the region grapples with the oil-spill related assault on three pillars of its economy – seafood, tourism and offshore drilling. The SBA is once again setting up disaster recovery centers along the Gulf Coast, although the oil spill effort will likely be overshadowed by the hurricanes’ economic toll. While BP is responsible for the financial impact caused by the spill, the SBA is helping people while they wait for the corporate assistance. “This is going to happen again – tomorrow – if there’s another Katrina,” Martin said. “They didn’t fix enough for it not to happen.” ___ Images of New Orleanians trapped inside the Superdome without food and water, or desperately waiting on rooftops for help, haunted Americans in September 2005. Police officers walked off the job, looters ransacked downtown shops, and critics scolded the Bush administration for being too slow to respond. Meanwhile, a different kind of chaos was unfolding inside the SBA. A new computer system that was supposed to speed and simplify the loan process crashed time and again, resulting in massive delays. But that wasn’t the only problem. “There were lots of people sitting around not doing anything with thousands of applications pouring in everyday,” said Brad Durtschi, a former SBA loan officer who now works for FEMA. In the years leading up to the storms, the agency’s staff had been cut. When Katrina hit, followed by Rita about three weeks later, SBA had only 880 employees to process hundreds of thousands of loan applications, including 190 loan officers working at the Fort Worth center. SBA scrambled to hire several thousand additional staffers, many to work in Texas, where loan applications filed in dozens of makeshift disaster recovery centers along the Gulf Coast were sent for processing. The new loan officers – many from the private sector, with no loan processing experience – were rushed into service and expected to navigate a complex set of rules and regulations. It was bedlam, Durtschi said. The loan applications piled up, and the phones rang and rang. People wanted to know if their application had been approved, and when they would receive money to help reopen their business or rebuild their home. At one point, officers were told by supervisors not to answer phones because the questions were taking up too much time, former loan officers and supervisors told the AP. By December 2005, the system was gridlocked. Hundreds of thousands of applications were sitting in computer queues awaiting processing. And the phone calls turned from inquisitive to frustrated to angry. “People called in everyday crying and begging,” Martin said. “We were forced to do things that were wrong.” With congressional pressure mounting to turn loans around more quickly, the agency began using new methods to clear the backlog that had little to do with helping people get loans, former loan officers and supervisors said. Supervisors would reject applications if a single sheet of paper or signature was out of place. In the first four months following Katrina and Rita, the agency rejected more loans than it approved, according to an AP analysis. Loan officers were required to process up to twice as many applications per day. When one landed on their desk, a loan officer had to try three times within 24 hours to reach the potential borrower by telephone. If they didn’t, the loan was either declined or indefinitely shelved. If shelved, the loan application was effectively canceled and a letter was generated saying the applicant had 60 days to reapply. But many times, the loan officers, under pressure to reach quotas, would call only once or not at all, then withdraw or decline the application, the former loan workers said. They and their supervisors described computer queues clogged with tens of thousands of loan applications, and of overwhelmed employees being told to put efficiency above all else and callously dismiss the pleas of desperate people. “People were homeless, living in their cars,” said Young, now a bank loan officer. “People were running out of rental assistance. They didn’t have a place to go. They had worn out their favors with their families. And they needed to move on. And they would call and ask: ‘Could you please do anything you can to help us?’” “I couldn’t sleep,” he said. “I knew it wasn’t right.” Said Durtschi: “We had no compassion for these people. To our supervisors, it was all about production and we hurt a lot of people along the way.” A 2007 report from the SBA’s Office of the Inspector General, which performs independent reviews and audits of the agency, criticized SBA for canceling pending approved loans without warning. During one period in 2006, the report said, the agency’s Buffalo, N.Y., call center terminated 7,752 pending loans without notifying borrowers in advance. In many cases, the investigators found, no call had ever been made to the applicant to begin final processing. If a loan officer did manage to reach a borrower, the applicant was given 48 hours to fax documents to bring the loan to the closing phase. Often, the borrower didn’t have all the paperwork readily available. “Maybe you need a deed and it’s at the courthouse, but the courthouse is under water. The documentation is destroyed,” said Young, the former SBA loan officer. “Or maybe you need payroll stubs, and that information is gone. Now you’re told you have 48 hours to get it. That’s even if we reach you by phone. We have your old phone number. Sometimes we call, sometimes we don’t.” When borrowers requested additional time, the agency was unyielding, Young said. “We never budged,” he said. “It was a manufactured deadline that put undue stress on people.” “At the end of the 48 hours, you’re wiped out from our queue,” he said. “You didn’t exist.” ___ When a borrower did find the critical documents and fax them to Fort Worth, the paperwork would often get lost. The office had only a few fax machines to handle the crush. Receipt of the documentation was assured only if a loan officer waited by the machine to snag the papers. Bazile remembers faxing 50- to 70-page packets two or three times before someone at the processing center would acknowledge receipt. “How could something like that get lost?” she wondered. “It was a constant frustration.” Plus, the documents contained personal information, such as Social Security and bank account numbers. Martin recalled once arguing unsuccessfully with her supervisor in favor of approving a loan for a small business owner and being told: “Don’t think about it. Move on.” “They were ruthless, absolutely ruthless,” Martin said of her bosses. “We weren’t there to help the public.” Those same supervisors often conducted contests with cash prizes to reward loan officers who cleared the most applications, usually by rejecting as many as possible. One supervisor told the AP she won $100 for exceeding production quotas. “I would hear loan officers laughing about the loans they turned down,” Young said. “The same people kept winning.” In recent weeks, the AP found more than two dozen of the same supervisors still working in the Fort Worth office. But all of the current supervisors reached by the AP declined to comment, saying the agency prohibited them from talking. Others recall that productivity was the mantra at staff meetings. At one, a supervisor explained to loan officers how to get people off the phone. Use an egg timer, he said. When it goes off, hang up. “Your performance was measured on the number of files you closed,” said Bill Russell, a former loan officer and certified public accountant. “It wasn’t long until people discovered that to meet the quota, the easiest thing to do was just to deny the loan.” One supervisor who spoke to the AP on condition of anonymity out of fear she would lose her job said that on weekends fellow supervisors and other managers would order pizza and just empty the queue of applications. The extra sessions were called “Signoff Sunday,” she said. “It was all about getting these loans out of the system to make it appear like we were clearing up the backlog and helping people. But we weren’t helping people. What we were doing was saving our own jobs.” SBA’s Rivera questioned whether supervisors pushed loans through without review. “Obviously when you have 4,250 employees, you’re going to have some disgruntled employees,” he said. He said loan officers had to meet strict production quotas in line with the private sector. If they didn’t, they could be let go. But it was another campaign that created even more chaos in Fort Worth. By fall 2006, more than a year after Katrina, loans were still not moving quickly enough, former workers recalled. So SBA began “90-in-45,” a campaign to remove 90,000 loan applications from the queue in just 45 days. “There was no real incentive to approve a loan,” Young said. When borrowers found out their applications had been canceled, they would often call pleading for another chance, he said, adding that his supervisors wouldn’t let him help. “It was heart wrenching,” he said, fighting back tears. “There were some nights that my wife would ask, ‘What’s wrong with you?’ I’d sit there alone at the table, late at night, staring into space. Some nights I was up to 3 in the morning and I had to be up at 6.” ___ Over the past year, AP reporters visited dozens of Gulf Coast communities, even going door-to-door in two neighborhoods – in Waveland, Miss., and Chalmette, La. with high concentrations of SBA loans that were approved but never disbursed. Time and again, on streets where recovery has been hard to come by and where tall untended grass and cracked concrete foundations stand as reminders that many more people used to live and work here, the stories were remarkably consistent: A nightmare of lost paperwork; sudden and onerous deadlines; uncooperative, even combative loan officers at the other end of the phone line. People in these communities are fiercely independent and wary of asking the government for help. Many said they did so because Katrina was so thoroughly destructive that they had no choice. But many of those who recalled their battles with SBA said they dreaded the possibility of having to ask the agency for help ever again. Scott Peterson is still angry about the months he spent fighting with the SBA for a loan to reopen his flooded seafood restaurant in Waveland, a quiet beach town on the Mississippi coast that was nearly wiped off the map. He was rejected twice for a loan to repair the S&B Bar and Grill – even though he believed he qualified. He reopened in 2006, but not before maxing out his credit cards and borrowing money from his parents to rebuild. He says he did the best he could, but some of the windows on his restaurant are still boarded up and the roof leaks. Peterson is hurting again in a new way, this time because the oil spill has made it hard to find the seafood that draws his customers. Despite his resentment and lack of faith in the SBA, he’s contemplating making another request for help. “It’s going to be something to see when I apply again,” he said, shaking his head while stirring a pot of chicken gumbo on his kitchen stove. Bazile remembers how she became so upset dealing with the SBA process that she had to seek medical assistance. “I had no idea how overwhelming it was going to be,” said Bazile, 44, a former newspaper reporter who now works in the St. Bernard Parish president’s office. “My blood pressure shot up. My cardiologist asked me to stay home for a week or so, and so I did, but the problems didn’t go away.” Dealing with the agency became a full-time job for Bazile, who lives on a street in Chalmette that saw one of the highest concentrations of SBA activity along the coast. She took a seven-week leave from her job at The Times-Picayune to contend with the mounds of paperwork and battery of phone calls it took to secure the money to rebuild her home. More than once, a loan officer gave her a 48-hour deadline – out of the blue – to provide a required document or risk having her file closed. Phone messages went unreturned, and faxes to SBA mysteriously went missing. “It caused incredible emotional distress on me,” said a tearful Bazile. “Many, many times my husband said, ‘Just let it go. Let it go. We’ll be all right.’ And we could have walked away. But, in the end, that low interest rate was the very key to the way we’re living right now. They owed it to us, and I wasn’t going to let somebody bully me out of it.” ___ Many SBA applicants along the Gulf Coast had left their flooded homes and businesses and were living in tents, government-issued trailers, or with family and friends – sometimes far from home. In many cases, SBA officials had encouraged them to apply for loans. Few of the more than 200 interviewed said they had a smooth ride. Hassie Howell, who owned six rental properties on the same street in Chalmette, was approved for a $300,000 loan to fix up all six. He repeatedly called SBA to find out when he would receive the money. But each time he called, he said, he was transferred to another loan officer who wanted even more paperwork before the money could be released. When he sent in the documents, there were “more unexplained delays.” “More excuses,” he said. In the meantime, he was losing money. Unable to wait any longer, Howell sold two properties elsewhere in Chalmette and used the proceeds to begin rebuilding the rental units. When SBA called nearly a year later and told him it was ready to disburse the $300,000, Howell felt it was too little, too late. “I didn’t want anything to do with them,” he said. Today, the street is plagued by omnipresent concrete slabs and vacant decrepit homes. A neighboring street is a tangle of empty, garbage-strewn lots and shoulder-high weeds. Five of his homes have tenants. The community was stable before Katrina, Howell said. Now it is transient. “If I had gotten the money early, we would have been up and others would have returned,” said Howell, who now lives in Baton Rouge, La. “The whole experience was a nightmare.” ___ From the Fairhope Yacht Club’s wraparound porch, Schmitz watches boats bob before a brilliant orange-and-pink sunset and describes how the old clubhouse, a rambling, one-story structure, was destroyed by Katrina. That left members with a choice: Restore the facility to its former specs or build a new multistory clubhouse with amenities that could attract new members. They chose the latter. The new club’s $4 million price tag includes an SBA loan of about $1.5 million. The facility is double the size of the old building, with a new restaurant and bar and a swimming pool that alone cost nearly $300,000. The Fairhope Yacht Club reopened in 2008; these days there’s a waiting list to join. “For us, Katrina was an opportunity to build something bigger and better,” said Schmitz, a short, thin former teacher who looked ready for a regatta, with his khaki shorts, white sneakers and red pullover shirt emblazoned with the yacht club’s logo – a blue and white striped flag with the club’s initials. The yacht club had enough insurance to rebuild without SBA money. But without the federal help there would have been no upgrade. “I don’t see anything wrong with that,” Schmitz said. Yet SBA regulations state that loan recipients should rebuild properties only to pre-storm conditions. “Any improvements beyond pre-disaster condition is upgrading, and is not eligible,” according to SBA regulations. “Our program is set up to return you to your pre-disaster condition,” said Jay MacKenna, an SBA spokesman. “So if you had a 1,000-square-foot mobile home and that was totally destroyed, we could help you replace your 1,000-square-foot mobile home. We would not be providing you money to go out and buy a 2,000-square-foot mobile home.” There are certain exceptions, but they have to be authorized on a case-by-case basis. For example, the agency will allow an upgrade if an applicant uses their own money or borrows from a private lender to pay for the extra improvements. But agency officials have to check whether the borrower has the ability to repay the SBA loan and “any other debts.” Borrowers don’t always tell SBA about the extra expenditures, though, and the agency doesn’t always check. Schmitz said the club didn’t ask SBA if it could upgrade. But it was no secret; everyone in the community knew they were building a bigger yacht club. He said he never saw anyone from the SBA visit while the clubhouse was under construction. “We just told them we needed the money to rebuild. It was quick and fast and we didn’t have any problems,” he said. “It was a wonderful experience.” Before the money was disbursed, the agency verified Fairhope “had injected sufficient funds into the project” to meet the guidelines, said SBA spokeswoman Carol Chastang. “There was no indication anywhere in the file that the yacht club upgraded their facilities using SBA disaster loan proceeds,” she said in an e-mail. But she also said the yacht club had “completed much of the rebuilding with insurance and outside funding by the time it applied for the SBA disaster loan.” “What does that tell you about how the entire process worked? Did they really need the money? This violates the spirit of the rules,” said Gale Martin, one of the former SBA loan officers. For his part, Schmitz said the club’s members helped navigate the loan through the system. “You have to understand that we have people from all walks of life,” he said. “We have lawyers. We’ve got people who – loan officers, and all this – who all knew pretty much the inside track on all this stuff, and they took care of it for us.” ___ Associated Press writers Brian Skoloff, Becky Bohrer, Carrie Osgood, Peter Prengaman and the AP News Research Center contributed to this story. ___ The AP National Investigative Team can be reached at investigate (at) ap.org

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Katherine Warman Kern: Innovation Is Relative

August 23, 2010

In John Kao’s Book, Innovation Nation , he says: “breakthrough technologies regularly set the stage for staggering waves of innovation.” In other words, he is establishing that new technology isn’t innovation. It simply creates the potential for innovation. This is a critical distinction. What are the factors that make the potential created by new technology realized? Alan Patrick , an author of the Big Potatoes: The London Manifesto for Innovation , provides a summary of the research he did on the pace of innovation : ” . . . I looked at . . . the history of innovation over the last 100 years, from 1909 to 2009. If I had a hypothesis before starting it would be that there was an accelerating pace of innovation. The results — so far — tell me that is not the case, and it is probably cyclical. In fact, one could argue that innovation in 1909, 1949 and 1969 was greater than 2009.” Alan told me that my Grandfather (1989-1990) probably experienced more “Future Shock” than I have. But while discussing this with my Grandfather’s daughter ( my “early-adopter” Mother who rightly says she has been much more likely to try new technology than her father ever did), I understood what John Kao meant when he said that “Probably, the most widely shared misconception about innovation is that it’s all about science and high tech.” My grandfather really didn’t have a reason to be motivated to use many of the new technologies which emerged in his lifetime. As a dentist, neither the telephone nor air flight were critical to expanding his revenue potential. He had plenty of business in his hometown to fill his calendar. No need for conference calls by telephone. All phone appointments were made through his assistant. In fact, he was never comfortable talking to me on the phone even when I was hundreds of miles away. He preferred letters. So he didn’t experience so much “Future Shock.” In fact, when interviewed by the local NBC affiliate on his 100th birthday and asked what the most important advancement in his time was, his answer — “The forward pass.” Why would he think allowing the forward pass in American football was the most important advancement in his time when automobiles, air flight, telephones, radio, television, film, etc. were introduced? Because football was his passion. The memories he cherished the most from his life were when he played football for his college team (picture scenes from the movie, Leatherheads ) and coaching football as a high school teacher before he went on to study to become a dentist. This implies that a factor that transforms a new technology into an innovation is the reason to use it. In other words, innovation is relative to the reason as much as the technology. This makes sense when you consider that people need a reason to be highly motivated to leave behind what is comfortable to discover new possibilities. What are the reasons that disrupt the ambiguity of the pros and cons of risking something new? In a previous post, I gave the example of turning a loss into a positive . In a subsequent post, I discuss the evidence that innovators and creators are playing it safe because the perceived risks are too high to explore possibilities with unknown outcomes. Next I will explore examples of reasons that have motivated people to “disrupt the ambiguity” created by new possibilities.

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Richard Gaudreau: Are Loan Modifications Causing Foreclosures?

August 20, 2010

When the economy crumbled in 2008 as real estate values plummeted, Congress was under pressure to appease the public’s demand for action to stem the tide of foreclosures. Congress considered repealing the prohibition in the law against bankruptcy judges modifying the terms of predatory mortgages, but rejected that option, inexplicably taking its marching orders from bank lobbyists, the very industry that caused the economic collapse in the first place. Instead, in February, 2009, Congress passed HAMP, a loan modification program touted as the answer for American homeowners facing foreclosure. While HAMP permits the banks to pay “lip service” to their commitment to helping the American homeowner save their homes, the banks are well aware that most loan modifications requests fail. The banks are also aware that the price of failure is often a foreclosure precipitated at least in part by the HAMP requirement that homeowners must be in default on their mortgage before applying for a loan modification. One-and-a-half years after HAMP, the foreclosure rate continues to soar. For every one of the past 17 months, foreclosures have remained above 300,000 per month, an unprecedented event in American history. According to RealtyTrac, the foreclosure numbers for the first half of 2010 increased by eight percent compared to 2009, and the 2nd quarter of 2010 set a record for the number of foreclosures in a three-month period. Not only is HAMP helping far fewer homeowners than promised, there’s some evidence that HAMP may be leaving more homeowners worse off than if they never had entered the “loan mod” program in the first place. The government pays mortgage servicers $1,000 for each “loan mod” application. Studies have shown though that mortgage servicers stand to make far more in fees from a foreclosure than they ever will from a loan modification request. ( Why Servicers Foreclose When They Should Modify , Nat. Cons. Law Center, 2010). No one has ever accused corporate America of not knowing how to put its own self-interest first. Perhaps this is why my client’s complaints sound a consistent theme about loan modifications. They describe a bureaucratic nightmare, fraught with delay, and requests for the same documents again and again. Phone calls go unanswered and messages unreturned. When clients do reach a live person, they complain that the answers they get vary depending on who happens to pick up the phone that day. When homeowners ask their bank whether they’re eligible for a “loan mod,” they are incredulous to hear that they need to be at least 60 days behind on their mortgage in order to qualify. This is a rigid requirement. It doesn’t matter if a homeowner has managed to stay up to date only by liquidating a 401k or borrowing from parents. The bank won’t even consider a HAMP “loan mod” unless the mortgage is in default for 60 days. Many homeowners, already skating on thin ice financially, don’t need to be invited twice to begin missing mortgage payments. The banks do nothing to pre-screen homeowners to ensure they are good candidates for a loan modification. Unwitting homeowners, not realizing a loan modification will take from six to 12 months, often get far more than 60 days behind with the bank’s encouragement. In fact, one couple recently told me that the bank denied them a loan modification because they were “only” 60 days behind on the mortgage. The problem with requiring these kind of defaults is that it forces homeowners to bet their home on a successful outcome despite the fact most “loan mods” fail. HAMP requires a trial period of payments before a “loan mod” receives final approval. I have had several clients stuck in “loan mod” limbo making probationary payments for more than six months. During this process, one received a call from a bank collector apparently working from a list of people behind on their mortgage. This person asked if she was interested in one of their “loan mod” programs. My client informed him that she already enrolled in one so she was not interested in applying. She later learned that her answer was misconstrued to mean she was not interested in any program, and her application was canceled. This left her several months behind on her mortgage without a solution, jeopardizing her home. The overwhelming majority of “loan mods” are either denied outright or fail, leading to a foreclosure. One of my clients faced a foreclosure on July 30th after a “loan mod” denial, even though the HAMP regulations were amended in June 2010 to prohibit foreclosures while a “loan mod” is pending. One of the many problems with HAMP is that it is toothless, not providing any private right of action to homeowners to go to court to complain that their bank failed to follow HAMP regulations. This client had paid an internet company $2500 to do a loan modification for them. He still had to file a chapter 13 bankruptcy to save his home from foreclosure. The government imposes no penalties for banks that have backlogs of hundreds of thousands of loan modification requests. Banks, overwhelmed by the number of loan mod applicants, find it easier to cut down on the number of applicants by losing paperwork and creating other unnecessary hoops for homeowners to jump through. Many homeowners are so discouraged by this kind of institutional arrogance that they just stop trying. To the banks, this is just a number’s game, and they don’t much care that there are real people facing real disasters on the other end of any “loan mod” request that slips between the cracks. As one bank told one of my clients, “we don’t need to work with you, we’ve already been bailed out.” There’s no bailout for the little guy. That being said, there’s no reason a homeowner can’t complete a “loan mod” on their own if they are cautious. Here are some tips that might help homeowners trying to negotiate the ‘loan mod’ labyrinth on their own: (1) Given that HAMP is helping far fewer homeowners than expected, do a reality check on your monthly budget before applying for a loan modification. If juggling credit card payments is the only way you are able to afford your mortgage every month, hoping to drop your mortgage payment low enough to afford all your credit card payments is probably not going to work. That’s like trying to hit the perfect golf shot in a difficult situation. I can say from long experience that this doesn’t happen very often, so you might not want to bet your house on the outcome. If you can’t pay everything, prioritize your debt based on what’s most important to you. If you’ve already applied for a “loan mod,” paying your credit cards from the extra money created by your reduced mortgage payments may lead to a foreclosure if you are denied, unless you have a rich uncle to bail you out. (2) At the risk of oversimplifying, loan modifications are designed to lower your mortgage payment down to 31% of your gross income. If your mortgage payment is already lower than 31% of your gross, you probably won’t qualify. (3) If you decide to do a “loan mod,” don’t pay an internet marketing company to do it for you. Your desperation makes you vulnerable to being scammed. Even if you get lucky, there’s nothing they will do that you can’t do for yourself. If you want help, call your local HUD office for the telephone number of a HUD loan modification counselor near you or call 1-888-995-HOPE (4673). They will help you for free. (4) You might think providing all of the required documentation in a timely fashion is enough, but that just gets your foot in the door — you and the other few hundred thousand homeowners waiting for the same answer. Assume your bank is overwhelmed, will lose your paperwork and not return your phone calls as a means of controlling the number of “loan mods” it has to actually consider. Don’t take it personally. The clients that succeed have a bulldog persistence and aren’t shy about contacting their bank on a regular basis. Keep a copy of everything you provide the bank. (5) Don’t get any more than 60 days behind on your mortgage unless you are ready to give up your home if you aren’t approved for a “loan mod.” If your bank insists that you have to be more than 60 days behind before being accepted for a loan modification, ask them to put it in writing and file a complaint. Try to bank the money saved by not paying your regular mortgage payment, or the “loan mod” process may leave you in a worse position than you were before applying. (6) Keeping in mind that most banks have several “loan mod” programs available, you should make sure you’ve exhausted all the alternatives before accepting “no” for an answer. I had one client denied under HAMP who was able to avert a foreclosure by qualifying for another “loan mod” program, something the bank had never mentioned.

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Richard Gaudreau: Are Loan Modifications Causing Foreclosures?

August 20, 2010

When the economy crumbled in 2008 as real estate values plummeted, Congress was under pressure to appease the public’s demand for action to stem the tide of foreclosures. Congress considered repealing the prohibition in the law against bankruptcy judges modifying the terms of predatory mortgages, but rejected that option, inexplicably taking its marching orders from bank lobbyists, the very industry that caused the economic collapse in the first place. Instead, in February, 2009, Congress passed HAMP, a loan modification program touted as the answer for American homeowners facing foreclosure. While HAMP permits the banks to pay “lip service” to their commitment to helping the American homeowner save their homes, the banks are well aware that most loan modifications requests fail. The banks are also aware that the price of failure is often a foreclosure precipitated at least in part by the HAMP requirement that homeowners must be in default on their mortgage before applying for a loan modification. One-and-a-half years after HAMP, the foreclosure rate continues to soar. For every one of the past 17 months, foreclosures have remained above 300,000 per month, an unprecedented event in American history. According to RealtyTrac, the foreclosure numbers for the first half of 2010 increased by eight percent compared to 2009, and the 2nd quarter of 2010 set a record for the number of foreclosures in a three-month period. Not only is HAMP helping far fewer homeowners than promised, there’s some evidence that HAMP may be leaving more homeowners worse off than if they never had entered the “loan mod” program in the first place. The government pays mortgage servicers $1,000 for each “loan mod” application. Studies have shown though that mortgage servicers stand to make far more in fees from a foreclosure than they ever will from a loan modification request. ( Why Servicers Foreclose When They Should Modify , Nat. Cons. Law Center, 2010). No one has ever accused corporate America of not knowing how to put its own self-interest first. Perhaps this is why my client’s complaints sound a consistent theme about loan modifications. They describe a bureaucratic nightmare, fraught with delay, and requests for the same documents again and again. Phone calls go unanswered and messages unreturned. When clients do reach a live person, they complain that the answers they get vary depending on who happens to pick up the phone that day. When homeowners ask their bank whether they’re eligible for a “loan mod,” they are incredulous to hear that they need to be at least 60 days behind on their mortgage in order to qualify. This is a rigid requirement. It doesn’t matter if a homeowner has managed to stay up to date only by liquidating a 401k or borrowing from parents. The bank won’t even consider a HAMP “loan mod” unless the mortgage is in default for 60 days. Many homeowners, already skating on thin ice financially, don’t need to be invited twice to begin missing mortgage payments. The banks do nothing to pre-screen homeowners to ensure they are good candidates for a loan modification. Unwitting homeowners, not realizing a loan modification will take from six to 12 months, often get far more than 60 days behind with the bank’s encouragement. In fact, one couple recently told me that the bank denied them a loan modification because they were “only” 60 days behind on the mortgage. The problem with requiring these kind of defaults is that it forces homeowners to bet their home on a successful outcome despite the fact most “loan mods” fail. HAMP requires a trial period of payments before a “loan mod” receives final approval. I have had several clients stuck in “loan mod” limbo making probationary payments for more than six months. During this process, one received a call from a bank collector apparently working from a list of people behind on their mortgage. This person asked if she was interested in one of their “loan mod” programs. My client informed him that she already enrolled in one so she was not interested in applying. She later learned that her answer was misconstrued to mean she was not interested in any program, and her application was canceled. This left her several months behind on her mortgage without a solution, jeopardizing her home. The overwhelming majority of “loan mods” are either denied outright or fail, leading to a foreclosure. One of my clients faced a foreclosure on July 30th after a “loan mod” denial, even though the HAMP regulations were amended in June 2010 to prohibit foreclosures while a “loan mod” is pending. One of the many problems with HAMP is that it is toothless, not providing any private right of action to homeowners to go to court to complain that their bank failed to follow HAMP regulations. This client had paid an internet company $2500 to do a loan modification for them. He still had to file a chapter 13 bankruptcy to save his home from foreclosure. The government imposes no penalties for banks that have backlogs of hundreds of thousands of loan modification requests. Banks, overwhelmed by the number of loan mod applicants, find it easier to cut down on the number of applicants by losing paperwork and creating other unnecessary hoops for homeowners to jump through. Many homeowners are so discouraged by this kind of institutional arrogance that they just stop trying. To the banks, this is just a number’s game, and they don’t much care that there are real people facing real disasters on the other end of any “loan mod” request that slips between the cracks. As one bank told one of my clients, “we don’t need to work with you, we’ve already been bailed out.” There’s no bailout for the little guy. That being said, there’s no reason a homeowner can’t complete a “loan mod” on their own if they are cautious. Here are some tips that might help homeowners trying to negotiate the ‘loan mod’ labyrinth on their own: (1) Given that HAMP is helping far fewer homeowners than expected, do a reality check on your monthly budget before applying for a loan modification. If juggling credit card payments is the only way you are able to afford your mortgage every month, hoping to drop your mortgage payment low enough to afford all your credit card payments is probably not going to work. That’s like trying to hit the perfect golf shot in a difficult situation. I can say from long experience that this doesn’t happen very often, so you might not want to bet your house on the outcome. If you can’t pay everything, prioritize your debt based on what’s most important to you. If you’ve already applied for a “loan mod,” paying your credit cards from the extra money created by your reduced mortgage payments may lead to a foreclosure if you are denied, unless you have a rich uncle to bail you out. (2) At the risk of oversimplifying, loan modifications are designed to lower your mortgage payment down to 31% of your gross income. If your mortgage payment is already lower than 31% of your gross, you probably won’t qualify. (3) If you decide to do a “loan mod,” don’t pay an internet marketing company to do it for you. Your desperation makes you vulnerable to being scammed. Even if you get lucky, there’s nothing they will do that you can’t do for yourself. If you want help, call your local HUD office for the telephone number of a HUD loan modification counselor near you or call 1-888-995-HOPE (4673). They will help you for free. (4) You might think providing all of the required documentation in a timely fashion is enough, but that just gets your foot in the door — you and the other few hundred thousand homeowners waiting for the same answer. Assume your bank is overwhelmed, will lose your paperwork and not return your phone calls as a means of controlling the number of “loan mods” it has to actually consider. Don’t take it personally. The clients that succeed have a bulldog persistence and aren’t shy about contacting their bank on a regular basis. Keep a copy of everything you provide the bank. (5) Don’t get any more than 60 days behind on your mortgage unless you are ready to give up your home if you aren’t approved for a “loan mod.” If your bank insists that you have to be more than 60 days behind before being accepted for a loan modification, ask them to put it in writing and file a complaint. Try to bank the money saved by not paying your regular mortgage payment, or the “loan mod” process may leave you in a worse position than you were before applying. (6) Keeping in mind that most banks have several “loan mod” programs available, you should make sure you’ve exhausted all the alternatives before accepting “no” for an answer. I had one client denied under HAMP who was able to avert a foreclosure by qualifying for another “loan mod” program, something the bank had never mentioned.

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Richard (RJ) Eskow: Techno-Thriller: Why Was Goldman Sachs So Worried About One Nerdy Sentence?

August 13, 2010

It sounds like the plot to a dozen movies: Picture a corporation so powerful that its tentacles circle the globe and reach into the highest corridors of power. Yet a single sentence on an ex-employee’s obscure website forces it to move into action. That sentence is so important that it leaves the corporation with no choice but to make that employee … No, not disappear. They just made him delete it. (This is where the movie comparisons end.) But the question is, why? The sentence described the Goldman Sachs risk system, SecDB (which stands for securities database). It read: “Unbeknownst to most of the non-strategists, you could see basically every position and holding across the company, whether you were supposed to or not.” Without some digging we can’t know that the sentence is true – but why did it cause such a reaction? It was pretty well buried in a blog post by Antonio Garcia-Martinez, a former Goldman “quant” (financial analyst). The post is a long, kiss-and-tell piece about his reasons for joining Goldman, his experiences there, why he left, and why he’s happier at his new start-up company. He says a number of unflattering things about Goldman Sachs in his post. So do a great many people, for that matter – every day. So why did Goldman Sachs bother making Garcia-Martinez delete this particular sentence, out of the reams of scandalous things said about them, and then contact Business Insider’s Clusterstock blog (which had reprinted it) to deny that it was true ? Because it could have a serious impact on Goldman’s future. First, consider the effect a revelation like this would have on Goldman’s already-battered client relationships. The firm is struggling to overcome the now-public knowledge that it bet against some of those clients, causing them financial harm while claiming at the same time to “serve their needs.” Personal relationships can influence a business deal even more than the corporation’s reputation, which is probably one reason Goldman’s still around. A corporate exec may continue to place his business with them even after he’s heard the bad stuff, as long as he likes and trusts hiscontact there. But what if our exec knew that his trusted “friend” at Goldman was aware of every position Goldman or its clients were taking against him (or had taken in the past), and that the guys betting against him knew instantly what he was doing? He might not want too much to do with his “friend” after that. Then there’s the question of market manipulation. Goldman has approximately 15% of the entire derivatives market. If its traders can immediately cross-check any deal they negotiate against what’s happening across 15% of the market, in real-time, that could raise serious legal issues. And it could seriously undercut statements like these, in which Goldman’s senior management tried to defend itself from accusations of fraud: “We certainly did not know the future of the residential housing market in the first half of 2007 any more than we can predict the future of markets today. We also did not know whether the value of the instruments we sold would increase or decrease. ” (emphasis mine) If they and their employees were tracking every deal in real-time they had a better picture of the those instruments’ value than they let on. A database like the one Garcia-Martinez described, if it exists, would be an invaluable tool in getting a jump on the market – or manipulating it. But wait: it gets worse. David Viniar, Goldman’s CFO, testified under oath to the Federal Crisis Inquiry Commission and claimed that Goldman didn’t track its derivatives deals separately from its other transactions. FCIC panel chair Angelides pressed him: “Are you telling me you have no system at your company that tracks revenues or assets of contracts, and liabilities and payments under contracts? You have no management reports, no financial reports that track these contracts?” “I’ve never seen one,” Viniar answered. The Commissioners seemed to verge on accusing him of lying. “Nobody here really believes (that),” said one. Flash back to February of this year, when David Viniar said this in a presentation to investors : “Technology is fundamental to everything we do, from revenue-producing activities to enabling much of the control infrastructure of the firm.” And here’s another quote, from Goldman’s Business Principles: “We take great pride in the professional quality of our work.” As the Wall Street Journal reported, Goldman has said that “credit trading desks … are separated by industry group … (and) traders are indifferent to whether they are selling clients a bond or a credit derivative.” The Journal added: “The firm also said its technology systems firm-wide don’t single out derivatives transactions.” Now comes the part of the movie where we place our sentence, that jigsaw puzzle piece, into context so that we get its full meaning: ” The Goldman Sachs risk system is called SecDB (securities database), and everything at Goldman that matters is run out of it. … Database replication was near-instant , and pushing to production was two keystrokes. You pushed, and London and Tokyo saw the change as fast as your neighbor on the desk did (and yes, if you fucked things up, you got 4AM phone calls from some British dude telling you to fix it). Regtests ran nightly, and no one could trade a model without thorough testing … Unbeknownst to most of the non-strategists, you could see basically every position and holding across the company, whether you were supposed to or not. The whole thing was so good …” He’s saying that Goldman Sachs has a first-rate, centralized data system that captures each deal in detail, and that everyone can see it as soon as it’s posted. What’s more, if I understand him correctly, he’s saying that employees are required to run a detailed model of their deals before they can post them on the system. And all this information is stored on a database. How can a system can do all this and yet be unable to distinguish between a bond and a derivative? Nevertheless, David Viniar testified under oath that Goldman’s systems were so unsophisticated that he couldn’t even tell the FCIC how much profit the company made from derivatives. Eventually, under continued pressure, Goldman provided the FCIC with an estimate which amounted to 25%-35% of its 2009 revenue. Yet Goldman is telling investors it won’t lose any revenue as a result of the financial reform bill , and analysts believe them. “They’ve clearly seen the writing on the wall and are planning their moves ahead of time,” said one. That brings us to Goldman’s plans to shut down its proprietary trading unit and spin it off into an independent hedge fund — or move it into Goldman’s asset management arm. Here’s a question that probably hasn’t been asked yet: Do they plan to use Goldman’s SecDB, or any other Goldman systems, in that asset management firm? If this trading unit is moved into a hedge fund, will that fund ‘rent’ its computer systems from Goldman? Will all the traders and ‘quants’ at these various organizations be able to ‘see’ deals happening in real time? That could trigger calls for an SEC investigation or other actions to prevent Goldman from improperly using computer data. And it could raise questions about the other big banks’ systems, too. It’s understandable why, given the implications of this nerdy sentence, Goldman would dispatch its publicists to tell Clusterstock it isn’t true. As for Garcia-Martinez, he was asked why he deleted the sentence. ” Prudence is the better part of valor ,” he answered — followed, no doubt, by a click as a gloved hand placed the telephone back in its cradle. Or course, this is no thriller. But the story raises serious questions, ones we should be asking anyway. If a bank is “too big to fail,” its data is “big enough to misuse.” It also shows why we need strong regulations behind the financial reform bill, to make sure that information doesn’t become another “financial weapon of mass destruction.” And it shows why we need to end “too big to fail.” The story also illustrates how much we don’t know about what the big financial players are doing. It reminds us that we wont be able to protect the economy from future Wall Street crimes unless we keep investigating the ones that have already taken place. _______________________________________________________________ Richard (RJ) Eskow, a consultant and writer (and former insurance/finance executive), is a Senior Fellow with the Campaign for America’s Future. This post was produced as part of the Curbing Wall Street project. Richard also blogs at A Night Light . He can be reached at “rjeskow@ourfuture.org.” Website: Eskow and Associates

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Dr. Vladimir A. Masch: Harnessing Our Technological Strengths for the Economy: Risk-Constrained Optimization

August 9, 2010

In my last blog “Balanced Capitalism” (July 26) I tried to explain the urgent need in society-wide modeling. But I am a realist, meaning a pessimist. I do not expect to see such a project soon. Nevertheless, the complexity, uncertainty, and perils of the 21st century undoubtedly will generate a large number of crucially important complex and long-term socioeconomic and technical problems. Solving these problems requires the application of advanced analytical tools that combine computers and sophisticated mathematical models. Using such a combination demands, however, embedding it in an ensemble of models and methods that would neutralize its potentially dangerous miscalculations. Models create illusions of knowledge and objectivity. Models need filters. Which models? Fashionable econometric models are useless here; the historic data for non-crisis period would drastically change for the century of “black swans.” Moreover, if they contain no such constraints as limits on the balance-of-trade, they are severely dangerous. The current crisis, and our inability to handle it, are greatly due to both the government’s and Fed’s stubborn and stupid use of such non-protective models. Optimization models remain as the natural choice. A prominent economist Robert Dorfman (a co-author with Paul Samuelson and Robert Solow of Linear Programming and Economic Analysis ) used to say that he saw the world as an enormous problem of linear programming. Similarly, I see the world as an enormous problem of optimization under radical, “uninsurable” uncertainty. That is, we know almost nothing about the future. At best, we can get no more than “guesstimates.” They may include some plausible predictions about technological trends, but they still would be scenario-specific, while we do not have any credible idea about the probabilities of potential scenarios. Even more important, we know almost nothing about what is the right way to long-term sustainable survival of society. Sure, this corrupt and dysfunctional political system has to change, and so has capitalism. Unanimous “yes,” I think. But how? The best we can do is trying to prevent, mitigate, and postpone the most obvious catastrophes. Until now, neither economics nor Operations Research, Decision Science, and similar disciplines had any methods of addressing such overwhelmingly difficult problems. Now Risk-Constrained Optimization (RCO) provides the required capability. I’ve been fortunate to be able to develop the required ensemble of models and methods. Namely, RCO provides the necessary ensemble of many novel concepts, models and methods that reasonably neutralize dangers and are critical to each other’s success. They may be combined with other approaches, and they may be modified – nothing in this world is perfect. But all these techniques, associated with seven diverse disciplines plus use of computers, appear to be necessary basic components of any dependable methodology of decision-making for non-trivial (complex and long-term) problems. Of course, we have to guess a tremendous lot and to use subjective judgment, but RCO combines “guesstimated” knowledge about the future with subjectivity in a sensible manner. Thus, for the first time in more than 60 years, RCO legitimizes the high-level analytical use of a “computer-optimization model” combination . That perhaps can be considered as a “basic innovation” – a major technological or scientific breakthrough. Also, RCO is the only currently existing methodology for strategic risk management in organizational (corporate or public) planning under radical (and less severe, too) uncertainty. RCO constructs a set of robust and flexible, reasonably good and safe long-range candidate strategies. The final strategy is selected from that set subjectively. As with any protective equipment, RCO could reduce the need for knowledge about the future . Perhaps the most important of the RCO component models and methods is imposing on optimization models an additional function of self-filtering, so that they become very efficient “optimizing filters.” As an inseparable component of the outlined above ensemble, RCO introduces a new paradigm of decision-making – “catastrophe avoidance,” which replaces the current economic paradigm of utility or profit maximization. The new paradigm is good for all times, but it fits especially well the type of problems we face in this century. Once more – time has come to address crucially important problems facing both this country and the mankind. RCO currently provides the only known, scientifically and practically viable possibility of modeling such problems. I consider it my duty to outline this novel fundamental possibility. Use it or lose it. We have developed powerful computers that perform billions operations per second, and mathematical programming models and algorithms that can deal with millions of constraints and variables. (Compare that with statistical models that can at best handle dozens of variables.) But they are never employed where they are desperately needed and where they should bring real benefits – as high-level analytical tools in long-range social and business strategic planning and decision-making. And our present economic crisis – crisis that destroyed many trillions of wealth, many millions of jobs, and is far from ended — confirms that sad conclusion. In other words, our technology has created two new Wonders of the World, but – outside the Information Revolution in short-term operations — we are using them like Neanderthals, to crack nuts. From its very inception in 1947, linear programming (LP) was described as an activity aimed at the “optimum,” or “best,” allocation of limited resources. (There are many types of mathematical programming, besides linear; I will collectively call “LP” all of them.) “Optimization” has a strong positive connotation: its models and methods are supposed to find “the best.” But it does that only if we have perfect knowledge of the future. Even the slightest change in the given values of the model’s coefficients, supply and demand data, costs, or prices may lead to complete change of solution. The LP solutions are notoriously unstable and therefore extremely dangerous. We may have perfect knowledge only in the simplest – and short-term, too – problems, such as “rearranging chairs on the deck of the Titanic.” For any serious problem, LP does not “optimization” but “extremization”: it gets us out on a limb and, as a rule, too far. Of course, the black belts of Operations Research, starting from the originators of LP, understood very well that perfect knowledge about the future is impossible. They created a branch of mathematical programming called “stochastic programming” (SP) that allowed to formulate and solve optimization problems in a larger universe – under “insurable risk,” that is, if we know probabilities of the future scenarios. The main tool of SP is multi-scenario model. Suppose we have 12 scenarios that differ in their values of, say, prices of resources and products. We put, side by side, 12 “scenario submodels” that have identical structures, but different price values. The submodels are integrated into a single model by, say, a constraint on how much of a raw material is available. (So that the total use of this raw material in all 12 scenario solutions does not exceed its amount available.) To each submodel we attach a weight that equals the probability of the corresponding scenario. Then we solve the unified problem as a usual LP model. If the model’s goal is maximizing profit, we maximize here the weighted average of profits obtained in 12 submodels. Depending on their price values, scenario solutions may be different. The optimal solution is a weighted compromise between 12 scenario solutions. It avoids extremes and is therefore less risky. SP has some excellent properties. For instance, it somewhat improves the quality of solutions in comparison with the quality of input data, so it is, to some degree, self-correcting. If we include a proper constraint in the model, it will allow harmful emissions only up to the specified limit. But only “on the average” — SP does not care what will be emission level, if we apply its derived solution, under any individual scenario. It may be less risky than the solution of a deterministic (that is, a one-scenario) model, but it still is risky. It creates a single solution, which looks like the “true optimum.” Again, except for trivial problems, this is an illusion. In bad times, illusions are hazardous. The main limitation of SP is, however, its low applicability. We do not have in any serious problem what SP absolutely requires – reliable information about scenario probabilities. In his 1990 book The Fifth Discipline , Peter Senge proposes a great idea. He suggests that a “basic innovation” results only from combining of a special ensemble of efficient “component technologies” that come from diverse fields of science or technology, and only when all necessary components of that ensemble come together. Senge classifies as “basic innovations” the creation of the telephone, the digital computer, or commercial aircraft — major technological or scientific breakthroughs. Senge describes the creation of the commercial aircraft in the following terms: ” [T]he McDonnell Douglass DC-3, introduced in 1935, … for the first time brought together five critical component technologies that formed a successful ensemble. They were: the variable-pitch propeller, retractable landing gear, a type of lightweight molded body construction called ‘monococque,’ radial air-cooled engine, and wing flaps. To succeed, the DC-3 needed all five; four were not enough.” In the 21st century, we have many crucially important problems that may define the fate of the humankind. Given the gravity of these problems, getting help from computers and mathematical programming might be tantamount to a “basic innovation,” perhaps no less important than the very creation of these tools. I will not mince words here. It is extremely important to design a powerful tool; it is no less important to make that tool truly useful. The more powerful a tool is, the more dangerous it may become when wrongly applied . Senge strongly emphasizes that the power of the ensemble comes mainly not from the individual components, but from their combined impact within the process. In his words, they form an inseparable ensemble and ” … are critical to each others’ success.” In other words, we need a yin yang of technologies. Our task is to discover whether a set of technologies with such an inestimable property does exist in our field of decision-making under radical uncertainty, and if it does — to develop and combine all its components. Of course, each “basic innovation” is usually created by many people and organizations during a substantial period of time. According to Senge, about 30 years “is a typical time period for incubating basic innovations.” Since I worked on RCO alone (of course, using some embryo results, previously obtained by others), the development of RCO took longer – starting from the 1960s, longer than Moses wandered in the desert. Novel models and methods came through the years one at a time, each replacing some weak link. RCO was granted an USA patent in 1999, but its final features were developed in the 2000s. (From 2004 to 2009, I’ve published several articles on RCO and made presentations at international scientific conventions. A definitive 51-page article on RCO is to be published in the Fall of 2010. As mentioned in the end of this blog, all these materials are available for asking.) Work on RCO, including linking it with other decision-making approaches, continues. In combination with computers, RCO merges in the required ensemble a number of technologies that are associated with seven fields: Economics, Decision Science, Operations Research/Management Science, Scenario Planning, Risk Management, Utility Theory, and Portfolio Theory, with a digression into the eighth field – Psychology. In each of the seven fields, RCO introduces novel concepts, models and methods. Exactly as required by Senge, models and filters are inseparable and ” … are critical to each others’ success.” Not going into technical detail, I will mention here just two most important, closely interconnected novelties: change of paradigm and “strong screening” by special (enhanced) stochastic multiscenario models with risk-limiting constraints. RCO demonstrates the need, and shows the way, of changing the general paradigm of economic decision-making . The present paradigm maximizes satisfaction of our needs and wants. This paradigm is incorrect, because it does not take into account two crucially important features: the income to make that satisfaction possible, and our desire for self-preservation, for ensuring safety of the existing comfortable situation. (A certain way to get into a crisis is to rely on a paradigm that denies the very possibility of a crisis. That’s what we see now.) Instead, RCO deals with a simpler, easier to solve, more realistic and pressing problem — how to avoid a catastrophic outcome in any of multiple types of risk facing us in the future. But it continues to use, as a tool, enhanced multi-scenario LP models, screening its results through five consecutive filters. Those filters eliminate, modify, or scale back too risky decisions or strategy candidates developed by the system. An LP model consists of two parts: the model’s goal, “objective function” (it is a description of what we maximize – say, long-term profit), and constraints (what resources are available, how much product can we sell at a given price). LP solutions are especially sensitive to costs and prices, which define the value of the objective function. A price modification that changes the total value of that function by just one dollar may completely change the solution, locating a new factory on another continent. And who in the world can predict faraway prices and costs with such precision? As a preeminent economist, Oscar Morgenstern, used to say, we now and again may be lucky to determine just the correct sign (plus or minus) of some data. The objective function is therefore not at all dependable: it indicates the direction of search for solution – at best, very approximately, and at worst very badly, maybe even opposite to the correct direction. The “constraint cages” are, however, much more reliable. The purpose of RCO is to construct the proper cage. How to do that? Again, I will not go into technical detail. Sufficient is to say that RCO starts where SP ends. Suppose we have the solution of our special SP multi-scenario model and derived from it a strategy. If we see any undesirable outcomes in any type of risk and in any individual scenario that exceed what we consider acceptable for that scenario, the decision-maker adds to the model additional “risk-limiting” constraints of such type as “Emission of sulfur for Scenario 187 should nor exceed 1,000 tons.” Then we re-run the model. Since it is an optimization model, it finds the best way to modify the strategy to meet that target. The new strategy will be “worse” from the point if view of the overall profit, but it will be less risky. We repeat this “Dutch auction” procedure until all our apprehensions are met, within the limits of what is possible. Please notice: The procedure exactly matches the aim of the catastrophe avoidance paradigm . That is what I call a perfect yin yang of technologies. Let me emphasize the following: it is the decision-maker, rather than the modeling professional, who has to define what is acceptable, and who has to impose the additional constraints. And even an unsophisticated decision-maker is able to do that because the constraints are simple expressions of his concerns about the outcomes; they do not require understanding the model’s structure and complexity. One way or another, somebody’s subjectivity will be inserted into the model, and it better be subjective preferences and apprehensions of the decision-maker, who undoubtedly knows more about the hidden realities and not-modeled complexities of the problem. The model is now “customized” to the decision-maker(s) and becomes a “self-filtering” combination of our “guesstimated” knowledge about the future, on the one hand, and subjective knowledge, intuition, and preferences of the decision-maker(s), on the other hand . The “self-filtering” optimization model is the strongest filter of RCO, but it is only one of its five filters – which also, in accordance with a very wise admonition of Peter Senge, come from different disciplines (that diversifies the methodology of screening and thus increases its effectiveness). RCO may produce trees of strategy candidates with different optimal trade-offs between improving the results and protecting from risks. Then it reduces that multitude to a small set of the best and reasonably safe candidates. The final choice of a strategy to be implemented is made from that set by the decision-maker(s) subjectively. I apologize to the reader for abundance of semi-technical detail (which is not really difficult). But I guess that for everybody – including the professionals in the field — reading this blog would be useful. Let me repeat this truism: the time has come to address serious socioeconomic problems. I do not know — maybe we are still able to do something. RCO is the only realistic way to combine optimization models and computers in trying to solve these problems. (Of course, RCO is also applicable to solving any organizational optimization problems under uncertainty.) Once again, it is my duty to outline this novel fundamental possibility. Anybody who is interested can get additional information and materials from me; see my email address in the bio. Copyright © 2010

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David Isenberg: The GAO Transcripts, Part 23: PSC, What’s That? A U.S. Military Perspective

July 30, 2010

This is the twenty third installment of the Government Accountability Office interview transcripts that were prepared pursuant to the July 2005 GAO report ” Rebuilding Iraq: Actions Needed To Improve Use of Private Security Providers .” Other than the fact that this was done with someone from the U.S. military I do not know who the interviewee is. But he makes it clear that his unit’s deployment in Iraq would have benefited from more pre-deployment training on how to deal with private security and other contractors. Any training would have been better than what was available five years ago, which was nothing, i.e., “in his experience he did not believe there was any pre-deployment training which dealt specifically with the presence of PSCs or NGOs in the battlespace.” Standard disclaimer: I have put in ( _____ ) to reflect those words of phrases which have been blacked out in the transcript. I have also put in the underlining as it appeared in the original transcript. As in the transcript, I have left out letters from various words, even when it seems obvious what the word is. Prepared by: Mattias Fenton Index: Date Prepared: May 19, 2005 DOC Number: 1330571 Reviewed by: Carole Coffey DOC Library: Type library name here Job Code: 350544 Record of Interview Title Telephone interview w ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ Purpose To determine to what degree the ____________ received guidance on what to expect/how to deal with private security contractors in the battlespace prior to deployment to Iraq. To provide answers to questions listed below. Contact Method Teleconference Contact Place Also contact ____________ ____________ ____________ Contact Date May 11, 2005 Participants ____________ ____________ Carole Coffey, GAO, DCM Mattias Fenton, GAO, DCM Comments/Remarks: Duration of this phone call was roughly 10 minutes. Q1: What, if any guidance has the ____________ received about working/coordinating with private to security contractors (PSCs) in Iraq? ____________stated that the ____________ not received any such specific guidance regarding either working and coordinating with or regarding its responsibilities towards PSCs. He referred to an MNF-I directive dated approx. late March 2005 from ____________ which specified that all units in Iraq implement a system of badging, which would help identify Coalition units as well as contractors and other non-combatants. ____________ promised to forward a link to the text of this directive per SIPRNet. According to ____________ d limited contact with PSCs while in country. In the first deployment to Iraq their battlespace included all of northern Iraq up to Mosul and the only time they dealt with PSCs was when PSC details were accompanying senior CPA officials. Q2: Does the pre-deployment syllabus include any instruction on dealing with PSCs or otter contractors working in Iraq? Page 1 Record of Interview ____________ stated that in his experience he did not believe there was any pre-deployment training which dealt specifically with the presence of PSCs or NGOs in the battlespace. Th ____________ onducted a pre-deployment training exercise in which a NGO employee was kidnapped; the mission of this particular exercise is to stage a rescue operation. While there are four simulated vehicle entry points at ____________ the training which takes place there are primarily simulated searches for VBIEDs — there is no drill relating to checkpoint or convoy procedures specific to PSCs. Q3: Is there any discussion of the Reconstruction Operations Center (ROC) or the Project and Contracting Office (PCO) in pre-deploy vent training? No. See above. Page 2 Record of Interview

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Don Tapscott: Changing the World, One Friend at a Time

July 5, 2010

I first met Facebook founder Mark Zuckerberg a few years ago at a World Economic Forum meeting in Davos, Switzerland. He and his partner Matt Cohler wanted my advice on how to take their fast-growing company to the next level. I gave my views: The way to make a successful business with massive revenue was to create a Facebook for enterprises. I argued that social networks could become the new operating platform for the corporation, government, innovation and wealth creation, and that enterprises actually pay for software services. They were unimpressed, saying that their vision was to become the telephone of the 21st century. With fewer than 100 million users at the time, they estimated that they had only 5 per cent market share, and the challenge was simply to grow. So they ignored my advice. After reading David Kirkpatrick’s new book, The Facebook Effect, I have a better understanding of why. I had misinterpreted the question. Zuckerberg and Cohler weren’t asking me how to build a big business. They wanted advice on how to change the world. All this comes through clearly in the book. It was well known among industry insiders a couple of years ago that Kirkpatrick’s manuscript was overdue. Some felt he’d lose the window — that Facebook’s 15 minutes of fame, like those of Myspace, were coming to an end. Kirkpatrick ignored them, spending another 18 months researching. Good call; the book appears just as Facebook has become the most popular destination on the Internet. Our obsession is justified, as Kirkpatrick points out in the most meticulous and exhaustive exposition to date. Facebook has gone “from a dorm-room novelty to a company with an unbelievable 500 million users.” It defies the conventional wisdom that social networks are here today and gone tomorrow. It has become “a technological powerhouse with unprecedented influence across modern life, both public and private.” Facebook has the capability to do everything from linking us with friends to saving lives in the Haitian disaster. It may “be the fastest-growing company of any type in history.” Yet, as Kirkpatrick notes, it has many wondering. What is happening to our privacy, to our social relationships, to our children? Are we turning into a world of exhibitionists, conformists and narcissists? Are we losing contact with the real world? Can one really have 500 friends? Are we counting on them too much for information, thus becoming less informed? Should the world be so reliant on one company? Yet we keep signing up in droves. And a couple of weeks ago, the much ballyhooed, worldwide “quit Facebook day” was a resounding flop as more people joined than left. Why? Facebook has become nothing less than the communications utility of the digital age. For Kirkpatrick, Facebook is now the over-arching common cultural experience for people worldwide, especially young people. The company owes its success to “the Facebook Effect” that happens “when the service puts people in touch with each other, often unexpectedly, about a common interest or problem. Facebook’s software makes information viral … rushing through groups and making people aware of something almost simultaneously, spreading … with unique ease like a virus or meme.” Kirkpatrick was once Fortune magazine’s top technology writer, and his instincts naturally led him to an entrepreneurial narrative. He tells a gripping tale of how the company was created and came to such dominance. As someone who followed the story almost from day one, I was still enlightened, entertained and sometimes dumbfounded by the rich detail and juicy goings-on. Kirkpatrick seems on a mission to rehabilitate Facebook founder Mark Zuckerberg, and to a certain extent he succeeds, suggesting Zuckerberg’s reputation as the petulant, erratic, power-tripping brat who doesn’t give a damn is misguided. Rather, he is a very moral person who deeply cares about improving the state of the world. A poignant story makes the case well. In 2005, Zuckerberg had a handshake agreement with investor Don Graham. Days later, at a restaurant meeting, Zuckerberg received a much more attractive offer. He excused himself, and when he didn’t return, Cohler found him cross-legged in the bathroom, crying, torn by the moral dilemma. Rather than accepting the better offer, he called Graham, who was enormously impressed that a 20-year-old would behave like this, and let him off the hook. One of the best stories details Zuckerberg’s controversial decision to turn down a $1 billion offer for the company. In 2006, Facebook was being courted by executives from Viacom, Yahoo and other companies. Zuckerberg kept resisting their offers and a deep rift developed between him and the venture capitalists who stood to gain a tenfold windfall. Everyone had agreed that if the bids got to $1 billion, they would consider a sale; sure enough, Yahoo came up with the magic number. However, Zuckerberg, who controlled the five-member board, realized that “I don’t want to sell the company.” The VCs were furious but could do nothing. Today the company is valued at somewhere between $10 billion and $30 billion. However, Kirkpatrick finds a potential dark side. Take privacy, the issue that has plagued the company and angered countless people. Reading the book, I had a stunning revelation: Facebook thinks that transparency is not just an opportunity for companies and other institutions to disclose pertinent information, and in so doing to be more trusted and effective. They believe it’s an opportunity for individuals to do so as well. Facebook’s founders, Kirkpatrick says, believe that “more visibility makes us better people. Some claim, for example, that because of Facebook, young people today have a harder time cheating on their boyfriends or girlfriends. They also say that more transparency should make for a more tolerant society in which people eventually accept that everybody sometimes does bad or embarrassing things.” Facebook does have good privacy controls (not used by most) and Zuckerberg believes that people should have the right to decide what to reveal. But we learn that these are more a means to an end, helping uneasy users feel comfortable as they make the inexorable transition to being more “open” with their personal information. Kirkpatrick would have done well to elaborate on why this is dangerous, and why informational privacy is the foundation of a free society. In fact, transparency of institutions and privacy for individuals go hand in hand. Kirkpatrick dramatically chronicles many of the company’s amazing contributions to solving social problems, from fighting kidnappers in Colombia to Barack Obama become president. One is left with a clear picture of the positive power of one of the most significant communications revolutions ever.

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Gulf Oil Spill: Victims Fund Chief Pledges Fast Payments

June 21, 2010

NEW ORLEANS — The administrator of a $20 billion fund to compensate Gulf oil spill victims pledged Monday to speed payment of claims as a federal judge considered whether to lift a six-month moratorium on new deepwater drilling. Kenneth Feinberg, who has been tapped by the White House to run the fund, said many people are in desperate financial straits and need immediate relief. “We want to get these claims out quicker,” he said. “We want to get these claims out with more transparency.” Feinberg, who ran the claim fund set up for victims of the Sept. 11, 2001, terrorist attacks, said BP has paid out over $100 million so far. Various estimates place total claims so far in excess of $600 million. BP said it has spent $2 billion fighting the spill for the last two months and compensating victims, with no end in sight. It’s likely to be at least August before crews finish two relief wells that are the best chance of stopping the flow of oil. The British oil giant released its latest tally of response costs, including $105 million paid out so far to 32,000 claimants. That figure does not include the $20 billion fund BP PLC last week agreed to set up for residents and businesses hurt by the spill. Also Monday, the government sent BP a $51.4 million bill for the response effort. BP has already paid two other bills totaling $70.9 million. Shares of BP, which have lost about half their value since the April 20 oil rig disaster that killed 11 workers, fell nearly 3 percent Monday in New York trading to $30.86. The rig was owned by Transocean Ltd. but run by BP. BP chief executive Tony Hayward canceled a scheduled Tuesday appearance at a London oil conference, citing his commitment to the Gulf relief effort. The last-minute pullout followed stinging criticism of Hayward’s attendance at a yacht race on the Isle of Wight off the coast of southern England on Saturday. President Barack Obama’s administration has also been struggling to show it is responding forcefully to the spill, which has gushed anywhere from 68 million to 126 millions gallons of oil into the Gulf. As part of that effort, the Interior Department halted the approval of any new permits for deepwater drilling and suspended drilling at 33 existing exploratory wells in the Gulf. But a lawsuit filed by Hornbeck Offshore Services of Covington, La., claims the government arbitrarily imposed the moratorium without any proof that the operations posed a threat. Hornbeck says the moratorium could cost Louisiana thousands of jobs and millions of dollars in lost wages. After hearing two hours of arguments Monday in New Orleans federal court, Judge Martin Feldman said he will decide by Wednesday whether to overturn the moratorium. Plaintiffs’ attorney Carl Rosenblum said the six-month suspension of drilling work could prove more economically devastating than the spill itself. “This is an unprecedented industrywide shutdown. Never before has the government done this,” Rosenblum told the judge Monday. Government lawyers said the Interior Department has demonstrated that industry regulators need more time to study the risks of deepwater drilling and identify ways to make it safer. “The safeguards and regulations in place on April 20 did not create a sufficient margin of safety,” said Justice Department attorney Guillermo Montero. Feldman asked a government lawyer why the Interior Department decided to suspend deepwater drilling after the rig explosion when it didn’t bar oil tankers from Alaskan waters after the Exxon Valdez spill in 1989 or take similar actions in the wake of other industrial accidents. “The Deepwater Horizon blowout was a game-changer,” Montero said. “It really illustrates the risks that are inherent in deepwater drilling.” Feldman asked Rosenblum if it’s true that a recent Securities and Exchange Commission filing by Hornbeck suggests “basically things are pretty good” for the company and it can survive the moratorium. Rosenblum said the full impact of the shutdown cannot be calculated. “Thousands of businesses will be affected,” he said. “These dominoes are falling as we speak.” Louisiana Gov. Bobby Jindal’s office filed a brief supporting the plaintiffs’ suit. A lawyer for the state told Feldman that the federal government did not consult Louisiana officials before imposing the moratorium, in violation of federal law. Catherine Wannamaker, a lawyer for several environmental groups that support the moratorium, said six months is a reasonable time for drilling to be suspended while the government studies the risks and regulations governing the industry. “The risks here are new,” she said. Government lawyers said the plaintiffs haven’t seen much of the data that served as the basis for the Interior Department’s decision to suspend drilling operations. Secretary of the Interior Ken Salazar “wants to be sure deepwater drilling is as safe as we all thought it was on the day before the incident on April 20,” said government lawyer Brian Collins. U.S. District Judge Nancy Atlas in Houston listened to Monday’s hearing over the telephone. Atlas is presiding over a similar case against the Interior Department filed by Diamond Offshore Co., which operates a fleet of drilling rigs. Along the coast Monday, some cleanup workers reported progress. On Barataria Bay off the coast of Louisiana, thick globs of oil that washed onto marshy islands a week ago had disappeared, leaving a mass of stained bushes and partly yellowed grasses. Blackened lengths of boom surrounded the islands, which were still teeming with brown pelicans, gulls and other seabirds, some with visible signs of oil on their plumage. Nearby, shrimp boats that have been transformed into skimmers hauled absorbent booms across the water’s surface, collecting some of the remaining oil. Crews aboard Navy and Coast Guard boats teamed with local fishermen using booms to funnel oil into a vessel and haul it offshore. This is the area’s new economy – dependent as ever on the sprawling bay, but now those who made their living harvesting its bounty are focused on its healing. “It looks 10 times better than it did a week ago,” said Carey O’Neil, 42, a commercial fisherman idled by the spill who now provides tours of the damaged areas for media and government observers in his 23-foot boat anchored in Grand Isle. “But what impact will this have for the future – two, three, four, even 10 years? That’s what worries me.” The number of oil-soaked birds in the area is down significantly, from 60 or 70 a day at the triage center on Grand Isle to more like seven or eight, said Steve Martarano, a spokesman for the U.S. Fish and Wildlife Service. “We’ve been sending 55 boats a day out pretty much since day one, when the oil hit this area, and so we feel like we’ve really made inroads,” he said. ___ Associated Press writers John Flesher and Ramit Plushnick-Masti in Barataria, La., and Robert Barr in London contributed to this report.

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Goldman Sachs, Oaktree Seek to Invest in Company to Buy Failed U.S. Banks

May 25, 2010

By Brian Louis May 25 (Bloomberg) — A Goldman Sachs Group Inc . private equity fund is seeking to join Oaktree Capital Management LP and the Illinois teachers’ pension fund as an investor in a company planning to buy failed U.S. banks, according to public records. Goldman Sachs applied to acquire as much as 25 percent of SKBHC Holdings LLC, a Corona del Mar, California-based firm trying to win approval to become a bank holding company, according to an announcement on the Federal Register website. Oaktree is also seeking 25 percent of the company and the Illinois fund voted to invest $100 million. SKBHC is trying to purchase Starbuck, Minnesota-based Starbuck Bancshares Inc. and acquire assets and liabilities from failed U.S. depositories, the company said in its application to the Federal Reserve. Scott Kisting, the former co-head of global banking at Merrill Lynch & Co., is SKBHC’s chairman and chief executive officer, according to the application . U.S. banks are collapsing amid losses on residential and commercial real estate loans. The FDIC’s list of problem lenders has ballooned to 745, the most since 1992. FDIC Chairman Sheila Bair has said she expects the number of failures in 2010 to exceed last year’s total of 140. Andrea Raphael , a Goldman Sachs spokeswoman, declined to comment. A telephone message left for an attorney listed on SKBHC’s application with the Fed wasn’t returned. Neither was a message left at an address listed as SKBHC’s headquarters in records filed with the California Secretary of State’s office. SKBHC’s application to the Federal Reserve listed GS Capital Partners VI Fund LP and “certain related funds” among its potential stakeholders. Teachers’ Role The Teachers’ Retirement System of the State of Illinois voted to invest in SKBHC, the fund said in a May 21 statement. SKBHC told the board it plans to raise $1.25 billion, said Dave Urbanek , a spokesman for the Springfield, Illinois-based retirement fund. “The return that is anticipated long-term, that is something that would be helpful to the retirement fund,” Urbanek said in a telephone interview. The retirement system had $32 billion in assets as of Dec. 31, it said in a statement. SKBHC plans to buy a failed bank with assets of up to $10 billion within the first year of its operation, according to a letter Goldman Sachs sent to the Fed about its application to invest in SKBHC. The New York-based investment bank will be a passive, non-controlling investor, according to the letter. Starbuck Assets Starbuck , the first bank SKBHC is trying to buy, operates the First National Bank of Starbuck, which had $18 million in assets as of March 31, according to Federal Deposit Insurance Corp. records. The town is about 137 miles northwest of Minneapolis. Other investors in the company are expected to include Los Angeles-based Oaktree Capital, which has $73 billion in assets under management, according to SKBHC’s application. SKBHC said Oaktree would take an almost 25 percent stake in the bank holding company. A representative who answered the telephone at Oaktree said the firm declined to comment. SKBHC also listed San Francisco-based private equity firm Friedman Fleischer & Lowe LLC as an expected investor. A message left with Tully Friedman , co-founder, chairman and chief executive officer of Friedman Fleischer, wasn’t immediately returned. To contact the reporter on this story: Brian Louis in Chicago at blouis1@bloomberg.net .

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Dollar, Yen Rise as Tensions on Korean Peninsula Boost Demand for Safety

May 23, 2010

By Yoshiaki Nohara and Ron Harui May 24 (Bloomberg) — The dollar and yen rose against higher-yielding currencies as political tension on the Korean peninsula boosted demand for safer assets. The dollar advanced to an eight-month high against the won after South Korea said it will halt trade with its northern neighbor and seek United Nations Security Council action over the sinking of a warship in March. The euro ended three days of gains versus the dollar amid concern Greece’s fiscal crisis will spread to other nations and hamper the region’s economic growth. Yuan forwards gained on speculation Chinese officials will indicate their intention to allow the currency to strengthen during talks with U.S. counterparts in the coming two days. “Geopolitical risk on the Korean peninsula appears to be mounting,” said Takashi Kudo , general manager of market information in Tokyo at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “This will probably fuel risk aversion and buying of the yen and the dollar as ‘safe-haven’ currencies.” The dollar rose to $1.2501 per euro as of 12:09 p.m. in Tokyo from $1.2570 in New York on May 21. It strengthened 0.5 percent to 82.79 U.S. cents per Australian dollar and 0.7 percent to 67.40 cents per New Zealand dollar. The yen climbed to 112.69 per euro from 113.13 last week. It gained 0.4 percent to 74.63 versus Australia’s currency and 0.5 percent to 60.77 per New Zealand’s dollar. Japan’s currency was at 90.14 per U.S. dollar from 90.00. North, South Koreas North Korean shipping will be banned from the south’s waters, President Lee Myung Bak said in Seoul today. “If our territorial waters, airspace or territory are violated, we will immediately exercise our right of self- defense,” Lee said. North Korea last week threatened “all-out war” against any move to punish it, including any more UN sanctions. “Risk appetite is pretty weak,” said Gerrard Katz , head of foreign-exchange trading at Standard Chartered Plc in Hong Kong. The won fell 1.3 percent to 1,210.65 per dollar from 1,194.40 on May 20, after earlier reaching 1,220.75, the weakest since Sept. 15, according to Seoul Money Brokerage Services. South Korea’s markets were closed on May 21 for a public holiday. Europe’s common currency weakened versus 13 of its 16 major counterparts after the Bank of Spain said on May 22 it appointed a provisional administrator to run CajaSur, a savings bank crippled by property loan defaults. The lender, based in the city of Cordoba, Spain, and controlled by the Roman Catholic Church, will be controlled by the government’s bank restructuring fund, the regulator said in an e-mailed statement. ‘Revive Concerns’ “Weekend revelations that the Bank of Spain has acted to support a regional lender is likely to weigh on the euro,” Gareth Berry , a currency strategist at UBS AG in Singapore, wrote in a note to clients. “This will probably revive concerns about the broader stability of the euro-zone banking system.” European Union finance ministers last week pledged to stiffen sanctions imposed on high-deficit countries and ruled out setting up a mechanism to manage state defaults. The euro has lost 6.1 percent this year, based on Bloomberg Correlation-Weighted Indexes. The dollar has risen 9.2 percent, and the yen has advanced 13.1 percent. The fastest convergence in short-term interest rates in almost a year is making the euro a surprise addition to currencies used to finance investments in higher-yielding assets. “The hot guys are moving into using the euro as a funding currency,” said John Taylor , who helps oversee $7.5 billion as chairman of New York-based FX Concepts LLC, manager of the world’s largest foreign-exchange hedge fund. “It’s not quite as cheap as the yen but it’s a lot safer in a crisis, because the worse the world looks the worse the euro looks.” Borrowing in Euros Borrowing in euros to finance an investment in the Australian dollar, New Zealand dollar, Brazilian real and Norwegian krone returned 10 percent in the past 6 months, according to data compiled by Bloomberg. The same trade using the dollar instead of the 16-nation currency resulted in a 7.5 percent loss, and a 7.4 percent decline with the yen. Under the German-inspired Stability and Growth Pact, nations with deficits above 3 percent of gross domestic product face fines unless they get the budget back into compliance. No country has been fined during the euro’s 11-year lifespan. The Dollar Index rose for the first time in four days before U.S. reports that economists said will show the housing market is improving and consumers turned the most optimistic in 20 months. U.S. Recovery U.S. existing home sales rose to an annual rate of 5.65 million in April, from 5.35 million the previous month, according to a Bloomberg survey before the National Association of Realtors report today. The Conference Board’s confidence index climbed to 59 this month from 57.9 in April, according to another survey before tomorrow’s data. That would be the highest since September 2008. “The U.S. is experiencing a V-shaped recovery,” said Adam Carr , a senior economist at ICAP Australia Ltd. in Sydney. “Against this backdrop, the greenback is likely to be supported.” The Dollar Index , which tracks the greenback against the currencies of six major U.S. trading partners including the euro, yen and pound, gained 0.5 percent to 85.757. Twelve-month non-deliverable yuan forwards climbed 0.2 percent to 6.7290 per dollar in Hong Kong, reflecting bets the currency will strengthen 1.5 percent from the spot rate of 6.8275, according to data compiled by Bloomberg. Chinese President Hu Jintao reiterated a pledge to steadily work toward reform of the yuan at the opening of China-U.S. talks in Beijing today. U.S. Treasury Secretary Timothy F. Geithner said the U.S. and China have a shared goal of a more balanced world economy and stronger ties between the world’s largest and third-largest economies. To contact the reporters on this story: Yoshiaki Nohara in Tokyo at ynohara1@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net .

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TiVo Plunges as Patent Victory Against Echostar Is Reconsidered by Court

May 14, 2010

By Susan Decker and Amy Thomson May 14 (Bloomberg) — TiVo Inc. fell 42 percent in Nasdaq trading after an appeals court said it would reconsider the company’s legal victory against Dish Network Corp. and EchoStar Corp. for infringing a digital-video recording services patent. The court said today all active judges will take a second look at a panel’s March 4 finding that Dish and EchoStar were violating the patent, even after claiming they had altered their technology to avoid infringement. TiVo, based in Alviso, California, argued the changes weren’t sufficient. TiVo, a pioneer of digital-video recording, said it’s disappointed in the decision to draw out the case, which began with a lawsuit in 2004 against Dish and EchoStar when those two were a single satellite-television and equipment company. TiVo shares had more than doubled in the 12 months before today as investors bet the litigation would favor the company. “Many investors had been hoping for a resolution to this case that has been going on for many years now,” said Mark Harding an analyst with New York-based Maxim Group, who rates TiVo a “buy” and doesn’t own shares. It’s “more of a waiting game than anything now.” TiVo was down $7.21, or 42 percent, to $10.18 at 2:50 p.m. New York time in Nasdaq Stock Market trading after touching $10.05 earlier for its biggest one-day percentage drop since the company first sold shares to the public in September 1999. Dish, the second-biggest U.S. satellite-television provider, rose 93 cents, or 4.2 percent, to $22.89 after climbing to as high as $24.16. EchoStar rose 1 cent to $20.48. Judicial Error The U.S. Court of Appeals for the Federal Circuit set a schedule of up to four months for the submission of written arguments. It didn’t say when the case would be heard. “We believe the issues that will be considered by the full court on rehearing will have a profound impact on innovation in the United States for years to come,” Englewood, Colorado-based Dish and EchoStar said in a joint statement. The Federal Circuit, which specializes in patent law, will consider whether the judge in the case erred in not giving Dish a trial to determine if changes made to the Dish software effectively worked around the TiVo patent. The 2-1 panel in March said a hearing was adequate. The full appeals court also plans to hear arguments on the standard of proof in such cases. “We are disappointed that we do not yet have finality in this case despite years of litigation,” Krista Wierzbicki , a TiVo spokeswoman, said in an e-mail. “We remain confident that the Federal Circuit’s ruling in our favor will be reaffirmed.” Seeking ‘Full Victory’ TiVo is seeking a court order that would halt Dish’s DVR service and force the satellite-TV company into paying licensing fees. Dish Chief Executive Officer Charles Ergen has told a court it would cost the company “several hundred million dollars” a month to shut down its service. “While many people believe that today’s decision may result in a faster negotiation between Dish and TiVo over a licensing deal, we do not agree,” said Marci Ryvicker , an analyst with Wells Fargo Securities LLC in New York. “We feel that today’s decision only emboldens Charlie Ergen to run the legal proceedings to the gamut, until he gets a full victory.” The order saying the case would be heard by the entire court was posted on the Federal Circuit’s website more than 10 minutes before the court usually announces its opinions. TiVo won its trial in 2006 that claimed Dish infringed its patent for so-called “time warp” technology that lets users record a TV program and play it back at the same time. The verdict was upheld on appeal, as was an order that Dish stop providing its DVR service. Dish continued to provide the service, saying it made alterations to bypass TiVo’s invention. $400 Million U.S. District Judge David Folsom in Marshall, Texas, sided with TiVo in June, again ordering Dish and EchoStar to shut down the DVR service and citing the companies with contempt. The Federal Circuit later said it would allow Dish’s customers with digital-video recorders to continue using the service while the company appealed Folsom’s ruling. That stay remains in effect, and Dish has asked Folsom to approve a new design of the service. TiVo said it will be entitled to about $300 million in damages and contempt sanctions through July 1, 2009, and it will seek additional cash for continued infringement after that date. That’s in addition to $100 million Dish paid TiVo after the original appeals court ruling. TiVo is also counting on a legal victory against Dish to expand distribution on pay-TV services. The company, which reported $237.6 million in revenue in its past fiscal year, needs new agreements as subscribers drop. Total TiVo subscriptions fell 22 percent to 2.61 million from 3.34 million a year ago, TiVo said in March. DirecTV, AT&T, Microsoft The suit originally was against EchoStar Communications Inc., which oversaw digital set-top box manufacturing and satellite services businesses, and ran the Dish TV network. The businesses split into EchoStar and Dish Network in January 2008. DirecTV Group Inc. , the largest U.S. satellite-TV provider, has an agreement with TiVo for use of its DVR service. The patent in the Dish case also is the subject of lawsuits TiVo filed against AT&T Inc. and Verizon Communications Inc., the telephone companies that have expanded into television and Internet offerings, and in a patent dispute with Microsoft Corp. The appeal is TiVo v. EchoStar, 2009-1374, U.S. Court of Appeals for the Federal Circuit (Washington). The lower-court case is TiVo Inc. v. EchoStar Communications Corp., 04-cv-01, U.S. District Court, Eastern District of Texas (Marshall). To contact the reporter on this story: Susan Decker in Washington at sdecker1@bloomberg.net ; Amy Thomson in New York at athomson6@bloomberg.net .

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Bank of America Is Said to Consider Ex-MBNA Executive Bramble as Chairman

April 26, 2010

By David Mildenberg April 26 (Bloomberg) — Bank of America Corp. director Frank Bramble , a Baltimore banker who was vice chairman at MBNA Corp., is among candidates to become chairman of the largest U.S. bank, according to people briefed on the matter. Bramble, 61, may face competition for the post held by Walter Massey , who is retiring after turning 72 earlier this month, the people said. They declined to be named because the board’s deliberations are confidential. Former DuPont Co. Chairman Chad Holliday , who joined the bank’s board last year, is a candidate along with Bramble, the Wall Street Journal reported yesterday. Bank of America’s board is likely to pick a chairman by April 28 when the Charlotte, North Carolina-based company holds its annual meeting. The bank split the chairman and chief executive officer roles a year ago amid a firestorm of criticism aimed at Kenneth D. Lewis , who held both jobs. His handling of the Merrill Lynch & Co. takeover sparked a shareholder revolt and a $150 million settlement with federal regulators. “Frank has a marvelous ability to get along with others and never lets his ego run ahead of the many around him who have that problem,” Arnold Danielson, a Maryland banking consultant who worked with Bramble, said in an e-mail. “He would be a good choice.” Bank of America spokesman Lawrence Di Rita declined to discuss the board’s deliberations. Bramble couldn’t be reached for comment. Banking Background Bramble is a former chief executive officer of MNC Financial Inc., Maryland’s largest bank when it was acquired by Bank of America predecessor NationsBank in 1992. In 1994, he joined Allfirst Financial Inc. as president and CEO, then in 2002 joined MBNA, which Bank of America acquired in 2006 for $35 billion. He was elected a director after the purchase. Bank of America’s board elected Massey chairman last April after shareholders voted to strip the title from Lewis, who resigned at the end of last year. Lewis was among 11 directors who have left the board since last year’s annual meeting. Brian Moynihan , the new CEO, was added along with Holliday and five others. Bramble leads the board’s enterprise risk committee. He got his first job at C&P Telephone Co. collecting money from pay phones, the Baltimore Sun reported in a May 1, 2002 story. He was chairman of Allfirst when the Baltimore-based bank uncovered $691 million in bogus currency trades, contributing to a $36 million loss in 2002. He left in April 2002, a month after a report criticized other officials at the bank for failing to spot the currency trades. M&T Bancorp acquired Allfirst in 2003. DuPont’s Boss Holliday has been a director since September. He was DuPont’s chairman from January 1999 to December 2009 and CEO from January 1998 to December 2008. He’s on Bank of America’s corporate governance and credit committees and serves as a director at firms including Deere & Co. , the maker of farm machines based in Moline, Illinois. His background at “a large, highly regulated, multinational corporation and a founding member of the International Business Council” was cited in the proxy as “directly relevant to the oversight of a large global organization like Bank of America.” To contact the reporter on this story: David Mildenberg in Charlotte at dmildenberg@bloomberg.net

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Euro Falls Toward Lowest in Almost Year Versus Dollar on Greek Budget Gap

April 22, 2010

By Yoshiaki Nohara and Ron Harui April 23 (Bloomberg) — The euro fell to near the lowest in a year against the dollar on prospects the Group of 20 industrial and developing nations will discuss Greece’s debt crisis today, damping demand for the region’s assets. The euro dropped for a third day against the yen as G-20 policy makers meet in Washington after the European Union increased its estimate for Greece’s deficit and Moody’s Investors Service cut the nation’s debt rating. The dollar approached a one-week high against the yen before reports forecast to show improving orders for long-lasting goods and new home sales in the U.S. “Chances are G-20 officials will discuss Greece because it could lead to a global financial issue,” said Takashi Kudo , general manager of market information at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp., in Tokyo. “Markets seem to be mounting pressure on Greece to get a bailout, with the euro weakening. Risk aversion is causing the dollar and yen to be bought.” The euro fell to $1.3235 at 9:26 a.m. in Tokyo from $1.3295 in New York yesterday, and touched $1.3202, the lowest level since April 30, 2009. The 16-nation currency declined to 123.65 yen from 124.28 yen. The dollar traded at 93.42 yen from 93.49 yen, after earlier reaching 93.63 yen, the highest since April 14. The U.S. currency climbed to 1.0825 Swiss francs from 1.0781, after advancing to 1.0850 francs, the strongest since March 2. ‘Pins and Needles’ “Investors are on pins and needles with every Greece- related headline that hits the wires,” Brian Kim , a currency strategist in Stamford, Connecticut, at UBS AG, wrote in a research note yesterday. “The euro will remain under pressure in the medium term, even if some resolution were to come about on Greece.” U.S. durable goods orders gained 0.2 percent in March after advancing a revised 0.9 percent the previous month, according to the median estimate of economists in a Bloomberg News survey. Sales of new homes rose 5.5 percent to an annual pace of 325,000 in March, according to a separate survey. The Commerce Department is due to release both reports today. “Renewed optimism about the strength of the U.S. economy is adding to the dollar’s appeal,” said Mike Jones , a currency strategist at Bank of New Zealand Ltd. in Wellington. “Tonight’s data is all about quality, not quantity, with U.S. durable goods orders due for release.” To contact the reporters on this story: Yoshiaki Nohara in Tokyo at ynohara1@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net .

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FTC:Telemarketers Fined Record $18 Million For Misleading Practices

March 31, 2010

WASHINGTON — Telephone fundraisers who duped consumers about their donations to police and firefighters must pay a record fine worth $18.8 million, including surrender of pricey Picasso paintings, luxury cars and a guitar collection. The Federal Trade Commission announced the fine Wednesday against two New Jersey-based companies accused of misleading consumers wanting to donate to charities for emergency officials and other nonprofits. The accused didn’t explain they were professional fundraisers and that only a fraction of donations was going to charity, the agency said. The civil penalty is the biggest ever in an FTC consumer protection case. The complaint named Civic Development Group LLC, CDG Management LLC and owners Scott Pasch and David Keezer. As part of the settlement, Pasch will turn over a $2 million home, paintings by Picasso and Van Gogh valued collectively at $1.4 million, a guitar collection valued at $800,000 and $270,000 in proceeds from a recently sold wine collection, the FTC said. Keezer will hand over a $2 million home, a Range Rover, a Cadillac Escalade and a Bentley, the agency said. The commission did not say how much money the defendants made off the alleged scheme. The complaint accuses Pasch, Keezer and their companies of misleading consumers by telling them the telemarketers worked directly for the charities for which they were calling and that “100 percent” of consumers’ donations would go to charity. Only about 10 to 15 percent of donations went to charity. “This scheme packed a one-two punch: It deceived the people who donated, and it siphoned much-needed funds from police, firefighters, and veterans groups,” said David Vladeck, director of the commission’s Bureau of Consumer Protection. The settlement bans the defendants from further telemarketing and soliciting of charitable donations. Keezer and Pasch could not be reached for comment. Phone numbers that appeared to be linked to both men were disconnected. The case against Keezer and Pasch dates to 1998, when the FTC first sued Civic Development Group for false telemarketing claims. A second complaint was filed against them in 2007 and was resolved with Wednesday’s civil penalty. ____ On the Net: Federal Trade Commission: http://www.ftc.gov

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Worst Returns Fail to Make U.S. Telephone Stocks Cheap: Chart of the Day

March 16, 2010

By Lu Wang and Rita Nazareth March 16 (Bloomberg) — Telephone companies in the U.S. including AT&T Inc. have posted the worst returns during the yearlong rally in the Standard & Poor’s 500 Index, and their shares are expensive considering their growth prospects. The top panel on the CHART OF THE DAY shows phone shares have risen 21 percent since March 9, 2009, the smallest advance among 10 industries in the S&P 500. The bottom panel shows the group’s PEG ratio, calculated by dividing its price-to-earnings multiple by forecast profit growth, is the highest at 2.8, according to data compiled by Leuthold Group LLC. The high valuation suggests AT&T and Verizon Communications Inc., the biggest U.S. telephone companies, may keep lagging behind, said Keith Wirtz , who oversees $18 billion as chief investment officer at Fifth Third Asset Management Inc. in Cincinnati. The group is the only one among 10 where analysts don’t foresee profit growth this year, according to average estimates compiled by Bloomberg. “These are going to be slow growers for a while because of the level of competition,” said Wirtz, whose firm is underweight phone stocks, meaning it owns less than their representation in benchmark stock indexes. “They may be pricey if you put on a three-to-five-year perspective.” The combined PEG ratio for the nine phone companies in the S&P 500 is twice the figure for the entire index, data from Minneapolis-based Leuthold show. To contact the reporters on this story: Lu Wang in New York at lwang8@bloomberg.net ; Rita Nazareth in New York at rnazareth@bloomberg.net .

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Dennis Santiago: Little Bank Savvy on the Oregon Trail

February 5, 2010

During the first week of the Move Your Money campaign one of the towns complaining loudly that there weren’t enough well rated little banks showing up in the MYM zip code tool in their area was Portland, Oregon. I put it in the back of my mind to revisit this part of the world at a later date to understand just how do the little banks living there get along. The Willlamette River — I’m told pronounced “will lah met” — that bisects the city of Portland is so named because it is the French pronunciation of a village of the Clackamas Indians. And so we find little Willamette Community Bank and it’s CEO Dave Wood looking out of his office window surrounded by mega banks Key Bank, Wells Fargo, Chase, USB and northern regional players Washington Federal and Umpqua. Six year old Willamette Community (Ticker: WMCB) was an “A” rated bank in the IRA bank stress system in the 3rd Quarter of 2009 and I’m happy to report that the preliminary 2009 end of year calculation in our system raises that rating to an “A+” based on our look at their 1/20/2010 CDR filing. When I spoke to Dave he carefully recounted how a year of diligence and discipline has turned this institution that specializes in lending to local small businesses into a zero current defaults, four-year weighted average maturity, eleven percent exposure at default banking operation. Those, ladies and gentlemen, are stellar performance metrics. Willamette Community does this not by competing on price against its’ gargantuan neighbors but on emphasizing superior reputation and service. If you call their telephone number a real person answers you. They ask what they can do for you and they transfer you to another real human being. Is that cool or what? Mr. Wood backs this up by staffing his 20 person bank with experienced bankers who understand the landscape of local lending and can work with clients to find the best solutions to their needs. These are, he notes, capabilities not as available to his larger neighbors because their internal processes are more rigid, disjoint and restrictive with regards to delivering the kind of service oriented solutions banking his customers need. Is he right? A minuscule 0.72% troubled lending percentage says yeah his business plan is probably onto something here. The market success proof is in the pudding of course and the numbers say Willamette Community’s model does seem to mean something to their market because WMCB has been growing at about $1 million dollars of new deposits per month for a number of months now. They did grow by another $1M in January 2010 although Mr. Wood wasn’t able to pinpoint any transfers directly attributable to Move Your Money. He takes the larger view attributing his bank’s progress to what he sees to be a growing recognition by people that good banking is attractive to good people. I heartily agree with him. It’s also my observation that blossoming of American common sense intuition is something the Move Your Money campaign has tapped into and helped amplify but not invented. It’s been there all along and it’s not going to go away. Dave Wood and company are not sitting still. They want more business in the Portland area and their IRA bank report readout shows they are indeed investing to grow in that direction. We track an 86% efficiency ratio for the bank which gets to today’s bank math lesson. Efficiency ratio is a measure of how much money it costs a bank to make a buck. The classic benchmark number is 65% which means it costs 65 cents of expenses to earn one dollar of revenue. Lower numbers mean you are coasting on a platform of loyal depositors. Higher numbers mean you are expending more effort to either attract new customers or retain skittish ones. The worst business scenario is drowning in marketing costs the way Pasadena’s IndyMac was in May 2008 at an efficiency ratio of 236% chasing what bankers call “hot money” — opportunistic CD’s with little or no loyalty to the bank. What I like about WMCB is that they are working on growing by emphasizing a quality small business lending model sitting on top of a platform of superior quality core deposits — that’s your local deposits to you people of Portland who sent all those emails complaining there weren’t enough of these kinds of banks in your area. If it helps you to take the measure of the man, Dave Wood’s quote is “I’ll put my group of twenty up against any big bank in this town any day.” Semper Fi Dave! Next let’s jump across the river to Oregon City and visit with Larry Baker, CEO of Lewis & Clark Bank. Yes I am smiling about the poetry of these two bank names bookending the same article. This $110 million dollar single branch bank also rated “A” by IRA in the 3rd Quarter of 2009 and again shows as an “A” per our preliminary review of their 1/20/2010 CDR filings for the period ending 12/31/2009. Larry Baker’s bank has also been growing at around $722K per month in new deposits in the last quarter of 2009. He reports that January was a little slower for them with around $398K in new deposits but one of those was a whopper $240K that he’s pretty sure was prompted by something, maybe Move Your Money. He also reports another $80K event in February also from a new customer coming in from a larger bank. This is splendid stuff because Lewis & Clark, like Willamette Community, also specializes in lending to small businesses in the local area. They also have a core philosophy of sitting down with customers to solve problems and pride themselves on having the experience and resourcefulness of see the range of available options and ideas. You talk to people you get to know. You work with the same loan officer over the long term. Heads up the rest of these United States. These aren’t the only two banks I’ve heard this theme music refraining repeatedly in my ear this last month. Larry notes that “banks like us can benefit greatly by having a few people transfer their balances” into his bank. That’s a call to common sense action if I ever heard one. Never mind this latest government TARP CPP preferred stock funded by future taxpayer liabilities where you owe quarterly dividends at 5% or at 1% if you tow the line and do what the U.S. Treasury dictates to your bank. Do you think Washington will ever figure out that all these banks out in the provinces already know that TARP is a “Scarlet Letter”? Heck man! These guys are already executing on plans to do this with good old fashioned private ordinary people money. Mr. Baker’s bank costs a little more to run than Mr. Wood’s at efficiency ratio of 102.7% per our last calculation. Our look at the readout sheet indicated it’s due to a bit more brokered deposits than Lewis & Clark would probably like and Mr. Baker acknowledges he’s quite keen to replace these with core deposits from local patrons to the extent possible. He’d like you to consider opening a checking account or even an IRA (the retirement kind) with his bank. And what kind of service can you get from this single branch bank? Start with the reception person who answers the incoming line at Lewis & Clark might actually have a better located office than the CEO. Next did you know deposits can be made in other parts of town because they are part of a correspondent group in the Portland area where you can drop off your money on a special deposit slip at one bank and the ACH transaction forwards into your account by the next day? Ok so these are sort of nice. Are you ready for the really good part? So if you go on vacation to some other part of the country and use an ATM and they’ll credit back the transaction fee to your account. That good folk of Portland means the ATM’s of the world are your globetrotting oyster bed thanks to banks like Lewis & Clark. Like I said I do love the poetry of this one. Ok it’s time for the corny line. Yes indeed there is a lot of savvy in Willamette Valley. Is it safe for me to show my face in Portland again?

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Greece’s Biggest Union Votes to Strike, Threatening Deficit-Reduction Plan

February 4, 2010

By Maria Petrakis Feb. 4 (Bloomberg) — Greece’s biggest union approved the second mass strike this month and tax collectors began a 48-hour walkout, showing that Prime Minister George Papandreou ’s parliamentary majority may not be enough to ensure enactment of his plan to cut the European Union’s largest deficit. GSEE, which represents about 2 million workers in the private sector, voted at a meeting in Athens today to walk out Feb. 24. The main public-employee union plans a Feb. 10 strike to protest spending cuts as Papandreou steps up budget cuts to persuade investors Greece won’t need a bailout. “It is still the beginning,” Stathis Anestis, the GSEE spokesman, said on the telephone today. The slogan for the strike is “people come first, markets and profit second,” he said. Anestis reiterated the union’s view that Papandreou’s government “succumbed” to the markets. Greece’s plan to narrow the budget gap won European Commission backing yesterday after the government announced more measures to reduce the shortfall. Papandreou promised to increase fuel taxes and raise the retirement age, while retreating on a promise to raise wages faster than inflation, a pledge that helped him win elections in October. “The first part of the action plan is on its way and now has the EU’s approval,” said Ioannis Sokos , a London-based interest-rate strategist at BNP Paribas SA. “What remains is the second part which has to do with the Government versus the Greek people. This is as tough as the first part.” Stocks, Bonds The benchmark ASE stock index fell about 3 percent today. Bond rose after European Central Bank President Jean-Claude Trichet said he is confident that Greece can cut its budget deficit. The risk premium investors demand to buy Greek debt over comparable German 10-year bonds narrowed 3 basis points to 347 basis points. “We expect and we are confident that the Greek government will take all the decisions that will permit them to reach that goal” of cutting the deficit below the European Union’s limit, Trichet said at a press conference in Frankfurt. Papandreou, 57, has appealed twice this week for Greeks to accept “painful” measures, saying the country can’t afford strikes and blockades. The previous government of Kostas Karamanlis was plagued by labor protests after he tried to tighten pension rules and raise taxes to shore up the government’s finances. Tax Collectors Strike The tax collectors struck to protest cuts in bonuses to the public sector. About 98 percent of the 14,000 collectors joined the protest, a POEDY-DOY union spokeswoman said. Also striking for 48 hours are customs workers and Finance Ministry employees, who blocked entry to the economy and finance ministries in central Athens today, the state-run Athens News Agency reported. “The majority of Greek society continues to support us because it knows these are necessary decisions and taken with a sense of justice,” Finance Minister George Papaconstantinou told Greek Mega TV in an interview late yesterday. The plan endorsed by the European Union would slash the deficit of 12.7 percent of gross domestic product to within the EU’s 3 percent limit in 2012. Concern that Greece and other European nations may struggle to contain their deficits has pushed the euro down more than 7 percent since late November. Joaquin Almunia , the EU’s monetary-affairs commissioner, was forced yesterday to reject suggestions International Monetary Fund aid would be needed. The euro nations “have taken the situation in hand,” IMF Managing Director Dominique Strauss-Kahn said today on RTL radio in France. “We are there to help, if asked, but I understand that the euro nations want to handle the situation themselves.” Union Tests Greek unions have already tested Papandreou, who heads the socialist Pasok party. Dockworkers struck for several weeks in October to demand the government keep a promise to re-examine the handover of part of the port to Hong Kong-based Cosco Pacific Ltd. Farmers have been blocking roads and border posts for about two weeks to demand higher prices. Support for the previous Karamanlis government was weakened by December 2008 riots sparked by the police shooting of a teenager. At the time, GSEE and ADEDY, the civil-service group representing about 600,000 state workers, rebuffed a call from the prime minister to cancel a planned general strike to prevent more clashes, adding to the pressure on Karamanlis. “Greece and the rest of the fiscally challenged periphery is still in for a bumpy ride, not least because the social and political opposition to austerity programs of this kind is likely to build from here,” said Russell Jones , head of global fixed-income strategy at RBC Capital Markets in London. Strike Next Week ADEDY called its Feb. 10 strike to oppose plans by Papandreou to deepen spending cuts and to limit wage increases to those earning less than 2,000 euros ($2,782) and to trim bonuses for all state workers. Papapandreou widened the wage freeze to all public workers on Feb. 2. State pay increases provide a gauge for increases given to workers in the private sector. “Our worst expectations were confirmed,” ADEDY Chairman Spyros Papaspyros said yesterday. “There is more to come.” To contact the reporters on this story: Maria Petrakis in Athens at mpetrakis@bloomberg.net

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Stocks Drop in Asia, Europe on China Slowdown Concern; Dollar Strengthens

January 26, 2010

By Darren Boey and Kana Nishizawa Jan. 26 (Bloomberg) — Asian stocks declined, on track for the longest losing streak in two years, commodities fell and the dollar strengthened on concerns China will slow the world’s fastest-growing major economy. The MSCI Asia Pacific Index descended for a seventh day, dropping 2 percent to 119.01 as of 5 p.m. in Tokyo, the lowest since Dec. 23. The Hang Seng Index lost 2.6 percent to 20,067.38, extending its drop from a November high to 13 percent. Futures for the Standard & Poor’s 500 Index slid 0.8 percent. The Dow Jones Stoxx 600 decreased 0.4 percent to 247.36. The dollar rose 0.5 percent against the euro. Yields on 10-year Treasuries fell 5 basis points to 3.58 percent, the lowest in about five weeks. Goldman Sachs Group Inc. downgraded Chinese bank stocks, citing a slowdown in economic growth and higher borrowing costs that are “capping valuations until these overhangs are resolved.” China’s economy, which expanded 10.7 percent in the fourth quarter, has led the recovery from the global recession. “The market is having trouble rebounding from its slump because of all the uncertainties,” said Koji Toda , chief fund manager at Resona Bank Ltd., which holds about $55 billion. “People are still worried, and yet clinging to the hope that policy support will continue to drive the global recovery.” The Shanghai Composite Index plunged 2.4 percent. Bank Of China Ltd. , the nation’s third-largest lender, declined 3.2 percent to HK$3.69 and Bank of Communications Co. fell 3.8 percent to HK$7.87. Bank of China was cut to “neutral” from “buy,” while BoCom was cut to “sell” from “neutral” at Goldman Sachs. Banks Hit Banks have suspended new lending since Jan. 19 across the country, Dong Tao , a Hong Kong-based economist at Credit Suisse Group AG, wrote in a note to clients. The central bank raised the proportion of deposits banks must set aside as reserves on Jan. 12. China’s seven-day repurchase rate, which measures the cost of borrowing money in the country’s interbank market, climbed 30 basis points to 1.64 percent, the biggest increase in a month. The Nikkei 225 Stock Average fell 1.8 percent in Japan, where the central bank held interest rates near zero and said it remains committed to fighting deflation. South Korea’s Kospi Index dropped 2 percent, while Taiwan’s Taiex Index sank 3.5 percent. Foxconn International Holdings Ltd. , which makes mobile phones, fell 7.6 percent to HK$8.18 in Hong Kong after saying it expects a “significant” decline in profit for 2009. Japan Ratings The yen erased its gain against the dollar after Standard & Poor’s cut its sovereign rating outlook to negative. Japan’s currency strengthened to 90.15 per dollar from 90.28 in New York yesterday. It traded earlier today at 89.56. “The market remains very sensitive to signs of China’s tightening, which revive risk aversion and cause the yen to be bought back,” said Masato Mori , senior manager of the business and marketing department at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “This is part of the Chinese government’s efforts to keep the economy from overheating while securing growth.” The benchmark U.S. 10-year note yield fell four basis points to 3.60 percent, according to BG Cantor Market Data. The 3.375 percent security due November 2019 rose 9/32, or $2.81 per $1,000 face amount to 98 6/32. Copper, aluminum, nickel and lead declined on the London Metal Exchange. Copper for three-month delivery dropped 1.7 percent to $7,340 a metric ton, extending earlier losses, aluminum fell 0.9 percent to $2,221 a ton, nickel declined 1.1 percent to $17,950 and lead lost 2.6 percent to $2,162. Platinum for immediate delivery lost 1.2 percent to $1,530.50 an ounce and gold declined 0.3 percent to $1,095.25. The metal, which touched a record $1,226.56 last month, slumped to a one-month low of $1,081.95 an ounce Jan. 22. Oil Falls Crude oil declined 1.1 percent to $74.42 a barrel in New York after-hours trading. “China tightening their monetary policy is sending a signal,” said Clarence Chu , a trader with options dealers Hudson Capital Energy in Singapore. “Demand is growing, but not as fast as previously expected.” The cost of protecting Asian bonds from non-payment increased, according to traders of credit-default swaps. The Markit iTraxx Asia index of 50 investment-grade borrowers outside Japan rose 4 basis points to 105 basis points as of 8:18 a.m. in Singapore, Royal Bank of Scotland Group Plc prices show. The risk benchmark is on track for its highest close since it climbed to 108 basis points on Jan. 22, according to CMA DataVision prices in New York. To contact the reporter for this story: Darren Boey in Hong Kong at dboey@bloomberg.net .

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Asian Stocks Fall as China Tightening Concerns Deepen; Yen, Dollar Advance

January 25, 2010

By Darren Boey and Kana Nishizawa Jan. 26 (Bloomberg) — Asian stocks declined, while the yen and the dollar strengthened against the euro as concerns deepened China will step up measures to slow the world’s fastest-growing major economy. Treasuries extended gains. The MSCI Asia Pacific Index fell 1.3 percent to 119.92 as of 1:55 p.m. in Tokyo, the lowest since Dec. 30. The Hang Seng Index lost 1.6 percent to 20,269.14, extending its drop from a November high to 12 percent. Standard & Poor 500 Index futures slid 0.9 percent. The yen strengthened to 126.99 per euro from 127.75 in New York yesterday. The dollar advanced to $1.4122 per euro from $1.4151. Concerns about tighter monetary policy in China have dragged the MSCI World Index down for the past five days. Goldman Sachs Group Inc. downgraded Chinese banks today, while Reuters reported that several China lenders will see an additional increase in their reserve ratios take effect. “The market is having trouble rebounding from its slump because of all the uncertainties,” said Koji Toda , chief fund manager at Resona Bank Ltd., which holds about $55 billion. “People are still worried, and yet clinging to the hope that policy support will continue to drive the global recovery.” The Nikkei 225 Stock Average fell 1.1 percent in Japan, where the central bank held interest rates near zero and said it remains committed to fighting deflation. South Korea’s Kospi Index dropped 1.9 percent, while Taiwan’s Taiex Index sank 2.9 percent. Bank Of China Ltd. , the nation’s third-largest lender, declined 2.4 percent to HK$3.72 and Bank of Communications Co. fell 3.4 percent to HK$7.90. Bank of China was cut to “neutral” from “buy,” while BoCom was cut to “sell” from “neutral” at Goldman Sachs. China Bank Downgrades “This potential collateral damage due to policy tightening or GDP slowdown is perhaps the hardest to assess, capping valuations until these overhangs are resolved,” Goldman Sachs analysts led by Ning Ma said in a report today. China is starting to take steps to cool the economy, which grew in the fourth quarter at the fastest pace since 2007. Gross domestic product expanded 10.7 percent while consumer prices rose a higher-than-estimated 1.9 percent in December from a year earlier, according to government data on Jan. 21. Banks have suspended new lending since Jan. 19 across the country, Dong Tao , a Hong Kong-based economist at Credit Suisse Group AG, wrote in a note to clients. The central bank raised the proportion of deposits banks must set aside as reserves on Jan. 12. Several Chinese lenders will see an additional increase in their reserve ratios take effect today, Reuters reported, citing banking sources it didn’t identify. China Interbank Rate Foxconn International Holdings Ltd. , which makes mobile phones, fell 9 percent to HK$8.05 in Hong Kong after saying it expects a “significant” decline in profit for 2009. China’s seven-day repurchase rate, which measures the cost of borrowing money in the country’s interbank market, climbed 30 basis points to 1.64 percent, the biggest increase in a month. Japan’s currency strengthened versus all 16 of its major counterparts. The yen appreciated to 90.02 per dollar from 90.28 in New York yesterday. “The market remains very sensitive to signs of China’s tightening, which revive risk aversion and cause the yen to be bought back,” said Masato Mori , senior manager of the business and marketing department at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “This is part of the Chinese government’s efforts to keep the economy from overheating while securing growth.” The benchmark 10-year note yield fell four basis points to 3.60 percent, according to BG Cantor Market Data. The 3.375 percent security due November 2019 rose 9/32, or $2.81 per $1,000 face amount to 98 6/32. Commodity Prices Commodity prices fell as concerns about tightening in China raised concern raw-materials demand will drop. Copper declined in London for the first time in three days, dropping 1 percent to $7,390 a metric ton. Aluminum fell 0.4 percent to $2,233.75 a ton, nickel declined 0.9 percent to $18,000 and lead lost 0.5 percent to $2,209. Crude oil declined 1 percent to $74.52 a barrel in New York after-hours trading. “China tightening their monetary policy is sending a signal,” said Clarence Chu , a trader with options dealers Hudson Capital Energy in Singapore. “Demand is growing, but not as fast as previously expected.” The cost of protecting Asian bonds from non-payment increased, according to traders of credit-default swaps. The Markit iTraxx Asia index of 50 investment-grade borrowers outside Japan rose 4 basis points to 105 basis points as of 8:18 a.m. in Singapore, Royal Bank of Scotland Group Plc prices show. The risk benchmark is on track for its highest close since it climbed to 108 basis points on Jan. 22, according to CMA DataVision prices in New York. To contact the reporter for this story: Darren Boey in Hong Kong at dboey@bloomberg.net .

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Asian Stocks Fall as China Tightening Concerns Deepen; Yen, Dollar Advance

January 25, 2010

By Darren Boey and Kana Nishizawa Jan. 26 (Bloomberg) — Asian stocks declined, while the yen and the dollar strengthened against the euro as concerns deepened China will step up measures to slow the world’s fastest-growing major economy. Treasuries extended gains. The MSCI Asia Pacific Index fell 1.3 percent to 119.92 as of 1:55 p.m. in Tokyo, the lowest since Dec. 30. The Hang Seng Index lost 1.6 percent to 20,269.14, extending its drop from a November high to 12 percent. Standard & Poor 500 Index futures slid 0.9 percent. The yen strengthened to 126.99 per euro from 127.75 in New York yesterday. The dollar advanced to $1.4122 per euro from $1.4151. Concerns about tighter monetary policy in China have dragged the MSCI World Index down for the past five days. Goldman Sachs Group Inc. downgraded Chinese banks today, while Reuters reported that several China lenders will see an additional increase in their reserve ratios take effect. “The market is having trouble rebounding from its slump because of all the uncertainties,” said Koji Toda , chief fund manager at Resona Bank Ltd., which holds about $55 billion. “People are still worried, and yet clinging to the hope that policy support will continue to drive the global recovery.” The Nikkei 225 Stock Average fell 1.1 percent in Japan, where the central bank held interest rates near zero and said it remains committed to fighting deflation. South Korea’s Kospi Index dropped 1.9 percent, while Taiwan’s Taiex Index sank 2.9 percent. Bank Of China Ltd. , the nation’s third-largest lender, declined 2.4 percent to HK$3.72 and Bank of Communications Co. fell 3.4 percent to HK$7.90. Bank of China was cut to “neutral” from “buy,” while BoCom was cut to “sell” from “neutral” at Goldman Sachs. China Bank Downgrades “This potential collateral damage due to policy tightening or GDP slowdown is perhaps the hardest to assess, capping valuations until these overhangs are resolved,” Goldman Sachs analysts led by Ning Ma said in a report today. China is starting to take steps to cool the economy, which grew in the fourth quarter at the fastest pace since 2007. Gross domestic product expanded 10.7 percent while consumer prices rose a higher-than-estimated 1.9 percent in December from a year earlier, according to government data on Jan. 21. Banks have suspended new lending since Jan. 19 across the country, Dong Tao , a Hong Kong-based economist at Credit Suisse Group AG, wrote in a note to clients. The central bank raised the proportion of deposits banks must set aside as reserves on Jan. 12. Several Chinese lenders will see an additional increase in their reserve ratios take effect today, Reuters reported, citing banking sources it didn’t identify. China Interbank Rate Foxconn International Holdings Ltd. , which makes mobile phones, fell 9 percent to HK$8.05 in Hong Kong after saying it expects a “significant” decline in profit for 2009. China’s seven-day repurchase rate, which measures the cost of borrowing money in the country’s interbank market, climbed 30 basis points to 1.64 percent, the biggest increase in a month. Japan’s currency strengthened versus all 16 of its major counterparts. The yen appreciated to 90.02 per dollar from 90.28 in New York yesterday. “The market remains very sensitive to signs of China’s tightening, which revive risk aversion and cause the yen to be bought back,” said Masato Mori , senior manager of the business and marketing department at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “This is part of the Chinese government’s efforts to keep the economy from overheating while securing growth.” The benchmark 10-year note yield fell four basis points to 3.60 percent, according to BG Cantor Market Data. The 3.375 percent security due November 2019 rose 9/32, or $2.81 per $1,000 face amount to 98 6/32. Commodity Prices Commodity prices fell as concerns about tightening in China raised concern raw-materials demand will drop. Copper declined in London for the first time in three days, dropping 1 percent to $7,390 a metric ton. Aluminum fell 0.4 percent to $2,233.75 a ton, nickel declined 0.9 percent to $18,000 and lead lost 0.5 percent to $2,209. Crude oil declined 1 percent to $74.52 a barrel in New York after-hours trading. “China tightening their monetary policy is sending a signal,” said Clarence Chu , a trader with options dealers Hudson Capital Energy in Singapore. “Demand is growing, but not as fast as previously expected.” The cost of protecting Asian bonds from non-payment increased, according to traders of credit-default swaps. The Markit iTraxx Asia index of 50 investment-grade borrowers outside Japan rose 4 basis points to 105 basis points as of 8:18 a.m. in Singapore, Royal Bank of Scotland Group Plc prices show. The risk benchmark is on track for its highest close since it climbed to 108 basis points on Jan. 22, according to CMA DataVision prices in New York. To contact the reporter for this story: Darren Boey in Hong Kong at dboey@bloomberg.net .

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JPMorgan Assails Britain’s Bonus Tax, Sparking Doubt on Canary Wharf Tower

December 29, 2009

By Elizabeth Hester and Linda Shen Dec. 29 (Bloomberg) — JPMorgan Chase & Co. Chief Executive Officer Jamie Dimon , whose bank had promised to build a European headquarters in London, told U.K. Chancellor of the Exchequer Alistair Darling a 50 percent tax on bonuses would unfairly penalize the U.S. lender, a person close to the firm said. Dimon reminded Darling that JPMorgan never took a U.K. bailout and said plans to build a European headquarters at Canary Wharf show the New York-based company’s commitment to London, the person said. JPMorgan, the second-largest U.S. lender by assets, may scrap its Canary Wharf project because of the bonus tax, the Financial Times reported, citing an unidentified bank executive. Financial firms may face higher costs after Darling said on Dec. 9 he’d impose a 50 percent tax on discretionary bonuses greater than 25,000 pounds ($40,000). European and U.S. regulators imposed pay curbs after the world’s financial firms ran up $1.7 trillion in losses and writedowns during the global crisis. “Jamie is quite a controlled character, so this is an example of the fury that has been created,” said Stuart Fraser , the head of policy for the City of London, the financial district’s lobby. “There is a real sense of indignation and anger about this tax.” The tax may apply to compensation for about 20,000 people with the cost imposed on employers. During the call, Dimon, 53, mentioned that JPMorgan has paid U.K. taxes and reminded Darling of plans to spend about $2.4 billion on the Canary Wharf project, according to the person, who declined to be identified because the discussions were private. U.K. Defends Tax The conversation with Darling was reported yesterday by the London Telegraph. JPMorgan spokesman David Wells declined to comment. A U.K. Treasury spokesman yesterday defended the tax as fair because it would apply to all banks and said he couldn’t confirm the telephone conversation with Dimon. “The government cannot allow itself to be blackmailed,” Liberal Democrat Vince Cable said today in an e-mailed statement. Financial firms are threatening to leave the U.K. because they say increased taxes and regulation make London less attractive. Tullett Prebon Plc, the inter-dealer broker, said it will help employees relocate. BlueCrest Capital Management Ltd., a London-based hedge- fund firm that oversees about $15.4 billion, plans to open a Geneva office, a person familiar with the situation said last month. As many as 50 of BlueCrest’s 300 employees in London may move, the person said. Deutsche Bank, Nomura Deutsche Bank AG CEO Josef Ackermann said on Dec. 12 that Germany has a “comparative advantage” over other financial hubs because it doesn’t plan to tax bonuses. The Frankfurt-based bank said it plans to spread the costs of the U.K. bonus tax to its employees worldwide. Nomura Holdings Inc., the Tokyo-based bank that bought the U.K. operations of the collapsed Lehman Brothers Holdings Inc., has no plans to reconsider its new City of London headquarters. Nomura, which in August signed a 20-year lease for a 525,000-square-foot (48,774-square-meter) building overlooking the River Thames, will move into new offices in July, spokesman Patrick Meyer said in London today. European Alternatives The bonus levy forced Dimon to consider, “Do we want to be in a more tax-friendly, corporate-friendly environment?” said Jeff Harte , an analyst in Chicago for New York-based Sandler O’Neill & Partners LP. “There are opportunities all over Europe. There are a lot of cities that could handle operation hubs.” JPMorgan agreed to pay about $349 million in November 2008 for land in London’s Canary Wharf financial district to build a 1.9 million-square-foot (176,500-square-meter) tower. Under the agreement with Canary Wharf’s owners, who will build the offices, JPMorgan can scale back the size of the project. The planned headquarters will house JPMorgan employees from seven other buildings after the bank scrapped plans to build an office in London’s main financial district. If construction is delayed or canceled, JPMorgan will have to pay a 76 million-pound fee to developer Canary Wharf Group Plc, according to a November 2008 statement when the deal was announced. The bank will be responsible for paying for completed work including design, planning and infrastructure, the statement said. Banks’ ‘Sticks’ Shifting business centers elsewhere is “one of the sticks they’ll use to try and fight this legislation, but in the end how realistic is it?” said Joe Sorrentino , managing director at executive compensation consultant Steven Hall & Partners specializing in financial services. “This is a people business. How do you get your talent, if they’re U.K-based, to move to other countries?” The U.K. Treasury is working with banks to identify employees who are excluded from the tax, and Darling said Dec. 16 he will resist calls to change the policy. Banks can’t avoid the levy by arguing that some activities aren’t defined as banking, he said. Shares of Songbird Estates Plc, which controlled more than half the buildings in the Canary Wharf estate, were little changed at 157 pence at 3:04 p.m. in London trading. A spokesman for Songbird declined to comment. JPMorgan’s stock fell 4 cents to $41.68 at 12:43 p.m. in New York Stock Exchange composite trading. “It comes as no surprise that the recent, knee-jerk and ill-thought-out tax grab by government to punish bankers is causing some of our most important institutions to consider their options,” said Mayor of London Boris Johnson . “This should act as a strong wake-up call to our leaders that their policies could seriously threaten our competitiveness.” To contact the reporters on this story: Elizabeth Hester in New York at ehester@bloomberg.net ; Linda Shen in New York at lshen21@bloomberg.net

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Tiger Woods’s Marital Mess Has Bliss Flip Side: Scott Soshnick

December 15, 2009

Commentary by Scott Soshnick Dec. 16 (Bloomberg) — They poked fun at Doug Christie . Oh, how they laughed. They whispered and snickered in the locker room, even his own, which is supposed to be a safe haven. They mocked. They mimicked. They called him names. Heck, Bryant Gumbel once labeled the former National Basketball Association player “whipped” on national television. Ignorant and mean. Much of the venom was directed at Christie’s wife, Jackie, who was deemed controlling. And that was the nice stuff. There were threats made by telephone and e- mail. “Pure evil,” Jackie said over the telephone the other day from Bellevue, Washington, where the Christies are settling into their new loft-style home. Christie was a professional athlete who dared to be different. He willingly brought his wife on road trips. He took his marriage vows seriously, especially the part about forsaking all others. Christie actually enjoyed having Jackie around, even if her presence meant no strip clubs or groupies at the hotel lobby bar. Even if teammates didn’t get it. Imagine that. Christie loved his wife. And, what’s more, he wanted her to know it, even while he worked. So the husband made up a signal , which he’d flash during games. On the court. On the bench. Didn’t matter. Christie would raise his left fist, and extend his index finger and pinkie. It was the husband’s way of reminding the wife that he was thinking about her. Only her. The single-game record was 72 gestures. Different, yes. But so what? Laughed, Lampooned Oh, they laughed and lampooned the Christies, even though former player Jeff Hornacek used to stroke his cheek three times on the foul line as a way of saying hello to his three kids. Even though Jason Kidd once blew kisses to his wife, Jumana, who in divorce papers accused him of being a serial adulterer. Speaking of affairs, and lots of them, Tiger Woods’s admitted infidelity has landed his mug on the front page of the New York Post for 17 straight days as of yesterday. Golf is on hold while Woods tries to save his family, which includes two kids. Get this: Some of the athletes who once snickered at the Christies are now seeking their advice. Neither of the Christies would name names, except to say that Woods isn’t among the athletes who asked for help. “I wish he would’ve reached out,” Jackie says. “I think we’ve stopped a lot of affairs.” Too Many Offers Take it from someone who has spent the past 16 years in clubhouses, locker rooms and team hotels. There’s no shortage of opportunity for an athlete — married or single — looking for, uh, companionship. “Women pretty much fight to get what they want,” Jackie says. The Christies, though, have been happily married for 15 years. They renew their vows each year on their anniversary, July 8. They’ll celebrate next year at Pepperdine University, where Doug recently was inducted into the university’s athletics hall of fame. The Christies share a nightly glass of wine. They’re both connoisseurs. They like cheese, too. They love to watch movies together. They’re both writers. The Christies are working on a book, called “Luv Pons,” which is a play on the words “love” and “coupons.” The book will contain what they call coupons that can be redeemed for things like foot massages. “Athletes love that,” says Jackie, who chuckles after letting slip that her husband fancies vanilla-scented massage oil. “There’s so much out there about infidelity. We wanted to make sure we offer something else.” Gentle Reminders Doug is fond of leaving notes for his wife in the sink or on the mirror. Jackie, knowing that her husband fancies classic sporting events, hunts for DVDs on the Web and puts them under his pillow as gifts. Just simple tokens of their affection, both said. Reminders, really. “Little steps,” Doug says. “You get busy, life happens, you just have to remember to make that time for each other.” The Christies have three children. The youngest is 9-year- old Doug, or, as his father says, Dougie, who has always wanted to be Tiger. The Christies have used the tempest surrounding Woods to illustrate to their son that it’s fine to idolize the golfer, whose preparation, drive and practice habits can be applied to anything, including schoolwork. Woods also makes tangible what mom and dad have always preached to their children — that choices have consequences. Woods, so far, has lost at least one endorsement. His image has gone from pristine to punch line. Saturday Night Live, Jay Leno and David Letterman have all used the Woods family as fodder. And to think they all laughed at the Christies. ( Scott Soshnick is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: Scott Soshnick in New York at ssoshnick@bloomberg.net

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Distressed debt: banking on bad news

December 5, 2009

Moody’s says defaults will peak this year, but distressed debt investors say the default trend has only just begun. Writer Suzanne Miller Jason Mudrick interrupts his telephone conversation a third time to shout out an order. His other line

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Yen Drops Most in Seven Weeks on BOJ Policy Meeting, Helping Stocks Rally

November 30, 2009

By Shani Raja Dec. 1 (Bloomberg) — The yen fell the most in seven weeks against the dollar and Japanese stocks rallied after the central bank announced an emergency policy meeting today, spurring speculation it will seek to limit the currency’s gains. The yen dropped 1.1 percent to 87.31 per dollar as of 12:37 p.m., heading for its biggest slide since Oct. 15, on the Bank of Japan’s plan to discuss economic and financial developments. The Nikkei 225 Stock Average rose 1 percent to 9,441.04 in Tokyo, as exporters including Toyota Motor Corp. climbed. Asian stocks outside Japan also rose after Credit Suisse Group AG joined Goldman Sachs Group Inc. in forecasting a 2010 rally. The yen climbed 4.3 percent against the dollar last month and the Nikkei slumped 6.9 percent on concern that a strengthening local currency would erode export earnings. Credit Suisse and Goldman Sachs predicted Asian stocks outside Japan will rally next year as earnings accelerate in South Korea and China. “News of the special BOJ meeting today is sparking expectations of possible extra credit-easing measures,” said Takashi Kudo , director of foreign-exchange sales in Tokyo at NTT SmartTradeInc., a unit of Nippon Telegraph & Telephone Corp. “This is likely causing the yen to be sold.” Japan’s currency, which reached a 14-year high last week against the dollar, weakened versus all 16 major counterparts after Kyodo News reported the central bank will consider monetary easing steps amid pressure to halt falling consumer prices. Propping Up Growth Eisuke Sakakibara , formerly Japan’s top currency official, today said the yen may rise beyond 80 per dollar by March, approaching its 1995 record, and any attempts to halt its advance through intervention will fail. Shares in Toyota Motor gained 1.5 percent to 3,490 yen, while Honda Motor Co. climbed 2.2 percent to 2,765 yen. Retailers also rose, with Fast Retailing Co. advancing 2.2 percent to 16,010. The Japanese government has stepped up calls on the Bank of Japan to prop up growth since the administration declared the economy was in deflation on Nov. 20. BOJ Governor Masaaki Shirakawa , who yesterday pledged to act “promptly and decisively,” has few options given that the key overnight lending rate is at 0.1 percent and the bank is already purchasing government and corporate debt. The BOJ introduced quantitative easing steps in March 2001 before suspending those policies in March 2006. Shirakawa has said the policy of flooding the economy with cash had a limited impact on economic growth. Fund Raising Japanese stocks initially fell, extending the worst month of losses since January, as companies announced plans to raise capital by selling bonds and shares. Sumitomo Mitsui Financial Group Inc. sank 1.1 percent to 2,820 yen as the company’s banking unit will sell subordinated debt maturing January 2018, according to a filing with Japan’s Finance Ministry. Mitsubishi Electric Corp. also filed to sell bonds, while Morinaga Milk Industry Co. hired Nikko Cordial Securities Inc. to manage a bond sale. Mitsui O.S.K. Lines Ltd., which operates the world’s biggest fleet of merchant vessels, lost 2.9 percent to 469 yen after the Nikkei reported the company will sell 20 billion yen ($230 million) in bonds. Nippon Yusen K.K., the country’s largest shipping line by sales, slumped 4.1 percent to 258 yen after the Baltic Dry Index , which measures shipping costs, fell 2.2 percent yesterday to the lowest in almost three weeks. “Valuations are probably a bit stretched,” said Alistair Thompson, who helps manage $31 billion at First State Investments in Singapore. “Capital raising efforts, not just in Japan but across Asia, are raising a lot of concern.” Stocks Outside Japan The MSCI Asia excluding Japan Index rose 0.3 percent to 403.4 after Credit Suisse set the gauge’s 12-month target at 600. Goldman Sachs yesterday forecast 650 by end-2010. Samsung SDI Co. , the world’s second-largest maker of plasma displays, rose 1.2 percent after BNP Paribas SA said screen demand in China will be better than expected. DBS Group Holdings Ltd., Southeast Asia’s biggest lender, added 0.4 percent to S$14.36. The bank said yesterday it has S$558 million of loans that may face delayed repayment by Dubai World, one of the emirate’s three main state-related holding companies. Dubai World said in a statement it began “constructive” talks with banks to restructure $26 billion of debt. Peso Climbs The Philippine peso rose 0.2 percent to 47.11 per dollar as concern eased that Dubai World will default. South Korea’s won traded at 1,161.95 per dollar, near the highest in 14 months, after a government report showed exports rose for the first time in more than a year in November. The Kospi index rose 0.2 percent after the government said Korea’s overseas shipments rose 18.8 percent from a year earlier. Asian bond risk fell for a second day after surging on Nov. 27, according to credit-default swap prices. The benchmark Markit iTraxx Asia index of 50 investment-grade borrowers outside Japan fell 5 basis points to 114.5 basis points as of 8:55 a.m. in Singapore, ICAP Plc prices show. The gauge fell 13 basis points yesterday, according to Barclays Plc. Treasuries were little changed, following their biggest monthly gain since March, as economists said reports today on manufacturing and housing will help keep the Federal Reserve from raising interest rates next year. Two-year yields were at 0.66 percent, within six basis points of the record low set in December. Standard & Poor’s 500 Index futures added 0.1 percent. The euro traded at $1.5013, strengthening for a second day before a report today that economists said will show German retail sales expanded. Gold Strength Gold for immediate delivery was little changed at $1,178.84 amid speculation that it may resume its advance as the dollar weakens. The precious metal, which has risen 34 percent this year, touched a record $1,195.13 an ounce on Nov. 26. Three-month copper futures on the London Metal Exchange traded little changed at $6,921 a metric ton on concern that a recent rally was overdone amid growing global stockpiles. Inventories in warehouses monitored by the LME rose for a 20th day yesterday, gaining 0.8 percent to 438,525 tons, the highest level since April 23. Crude oil was little changed near $77 a barrel after rising 1.6 percent yesterday as traders bought back futures contracts amid speculation credit losses in Dubai won’t derail the global economic recovery. Oil for January delivery was at $77.31 a barrel, up 3 cents. To contact the reporter on this story: Shani Raja in Sydney at sraja4@bloomberg.net ;

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Yen Climbs as Australian Retail Sales Drop Fuels Concern Recovery Is Weak

November 3, 2009

By Yoshiaki Nohara and Ron Harui Nov. 4 (Bloomberg) — The yen rose against the euro for a second day as an unexpected drop in Australia’s retail sales stoked concerns about the global economic recovery, boosting demand for Japan’s currency as a refuge. The yen rose against 15 of its 16 major counterparts on speculation the European Central Bank tomorrow will refrain from raising interest rates to cement an economic recovery. The U.S. dollar fell against the yen on speculation the Federal Reserve will today repeat its pledge to keep the benchmark interest rate near zero for an “extended period.” “The unexpected slump in Australian retail sales is sparking worries about the sustainability of the recovery there,” said Takashi Kudo , director of foreign-exchange sales in Tokyo at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “This is causing risk aversion and buying of the yen and the dollar as safe-haven currencies.” The yen advanced to 132.75 per euro at 10:19 a.m. in Tokyo from 133.01 in New York yesterday. Japan’s currency strengthened to 90.15 against the dollar from 90.33. The greenback traded at $1.4723 per euro from $1.4724. To contact the reporters on this story: Yoshiaki Nohara in Tokyo at ynohara1@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net .

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Publishers Clearing House Scam DETAILS

October 28, 2009

Reports are coming in of a Publishers Clearing House Scam in which victims receive phone calls claiming they’ve won the jackpot prize of $500,000 — and all they have to do to collect it is pay a processing fee of $1000 dollars. However, ABC News reported that “Publisher’s Clearing House doesn’t call winners and they are currently not offering a $500,000 prize.” The Herald Tribune describes a Sheriff’s investigation into the case: A Manatee Sheriff’s detective called a number provided to a local victim and, after several days, one of the scammers called back and said they were from the “Federal Gaming Commission in Washington D.C.” When confronted on the telephone by the detective, the scammer hung up. Publishers Clearing House does not call winners of its lottery — instead, they show up at your door — and officials said no one should give out their banking information over the telephone. Publishers Clearing House never requires a fee to claim a prize. The case is still under investigation.

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Galleon Tip-Seeking on Intel Known to Prosecutors Since 2001 Khan Case

October 24, 2009

By Karen Gullo, Joel Rosenblatt and David Scheer Oct. 24 (Bloomberg) — Galleon Group LLC, the hedge fund firm at the center of a $20 million insider trading prosecution, came to the attention of prosecutors by 2001 for allegedly soliciting internal data on Silicon Valley companies. That year the government charged tipster Roomy Khan , a former Intel Corp. employee, with passing nonpublic information about the chipmaker’s backlog and billing reports, product pricing and sales to the Manhattan-based fund in 1998, according to a criminal complaint filed in federal court in San Jose, California in February 2001. An unidentified representative of Galleon Management Inc. sought the information from Khan , according to the document. In March 1998, Khan faxed documents from Intel’s Santa Clara, California, offices to a machine at Galleon, prosecutors said in the complaint. Khan pleaded guilty to wire fraud in 2001. Raj Rajaratnam , Galleon Group’s co-founder, was charged with insider trading on Oct. 16, 2009. “It’s surprising that the government would only go after one side of the case” in 2001, Peter J. Henning , a professor at Wayne State University Law School, said in an interview. He said that, given Khan’s conviction, the government would have been expected “to pay a lot more attention to Galleon since 2001 — and on the flip side you’d expect Galleon to be much more careful.” When a tipster is charged, the government normally moves quickly to go after the recipient of the inside information, Henning said. Khan Informant Information provided by Khan was central to the investigation that led to the arrests of billionaire Rajaratnam, an Intel unit executive and four others in the alleged insider- trading scheme, according to a person familiar with the probe, who asked not to be identified because Khan’s name wasn’t disclosed by the government. Rajaratnam was charged in federal court in New York with Rajiv Goel , a director at Intel Capital, and former directors at a Bear Stearns Cos. hedge fund, in what prosecutors have called the biggest-ever insider trading case involving hedge funds. Rajaratnam also was sued by the U.S. Securities and Exchange Commission. According to prosecutors who used wiretaps of Rajaratnam to build their case, tips to the hedge fund manager came from insiders and others at hedge funds, investor relations firms, and companies including Intel, International Business Machines Corp. , McKinsey & Co., and companies whose shares were traded in the scheme. Rajaratnam Rajaratnam has said he is innocent. His lawyer, Jim Walden , declined to comment yesterday. Chuck Mulloy , an Intel spokesman, also declined to comment. Rebekah Carmichael , a spokeswoman for U.S. Attorney Preet Bharara in New York, and Jack Gillund, a spokesman for the U.S. Attorney’s office in San Francisco, declined to comment. Galleon Management didn’t hold Intel shares as of March 31, 1998, according to the firm’s regulatory filings at the time. By the end of June that year, it accumulated a $39 million stake in Intel, the firm’s largest holding in any single company, the filings show. Over the next nine months, Intel’s stock climbed 60 percent as the chipmaker’s sales and revenue surged on demand for computers in the dot-com boom. Regulatory filings show Galleon reduced its stake to $20.7 million by the end of 1998, and no longer held Intel stock at the end of March 1999. Guilty Plea Khan pleaded guilty in 2001 to one count of wire fraud and was sentenced the following year to six months of home detention, fined $30,000 and ordered to pay $120,000 in restitution, said Joseph Schadler, a spokesman for the Federal Bureau of Investigation, in a phone interview yesterday. The maximum penalty for wire fraud is 20 years in prison and a $250,000 fine. Records of Khan’s criminal case are under seal in federal court in San Jose. Khan, identified by an Oct. 16 SEC complaint as “Tipper A,” is a hedge-fund manager who worked for Galleon in the 1990s and sought to rejoin Rajaratnam in late 2005 when she faced financial difficulties, according to that agency. Khan is identified in the criminal case against Rajaratnam as “CW,” for cooperating witness. The cooperating witness began helping the FBI in November 2007 in its inside trading probe in the hope of receiving a reduced sentence, according to court documents. The witness used inside information to trade securities and had tipped Rajaratnam since 2006, prosecutors said. The person helped federal investigators by “making consensual recordings of four telephone conversations” with Rajaratnam, according to court papers. The witness agreed to plead guilty to charges of conspiracy and securities fraud. Khan, who in May sold her house in Atherton, California, couldn’t be located for comment. Possible Explanation One possible explanation of why nine years passed before someone at Galleon was charged is that prosecutors and the SEC couldn’t demonstrate that the firm traded on the specific information that Khan provided, Henning said. He said it’s also possible that federal securities regulators couldn’t show the information would be material, or something that investors would want to know when making decisions. The 2001 conviction may hurt the government’s insider trading case against Rajaratnam, Henning said, because it raises questions about her reliability and trustworthiness. Those questions in turn mean the government will have to rely more on documentary evidence and wiretaps, he said. “Having a prior conviction, that’s fodder for the defense,” Henning said. “They may not use her as a witness, she may be too tainted.” The case is U.S. v. Kahn, 01-20029, U.S. District Court, Northern District of California (San Jose). To contact the reporters on this story: Karen Gullo in San Francisco at kgullo@bloomberg.net ; Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net ; David Scheer in New York at dscheer@bloomberg.net .

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Euro Declines as Officials May Show Concern Over Currency’s Recent Gains

October 18, 2009

By Yasuhiko Seki and Ron Harui Oct. 19 (Bloomberg) — The euro fell for a second day versus the dollar on concern policy makers will discuss the European currency’s recent strength when they meet today. The European currency retreated from a 14-month high before talks by euro-area finance ministers in Luxembourg and as Asian shares extended declines in U.S. equities, curbing demand for higher-yielding assets. The pound declined for the first time in five days against the dollar after the Sunday Times said that Bank of England policy maker Adam Posen may back an extension of the bank’s asset-purchase program. “There is emerging wariness about policy makers’ remarks on the strength of the euro,” said Tomokazu Matsufuji , a dealer in Tokyo at SBI Liquidity Markets Co., a unit of financier SBI Holdings Inc. “Along with losses in stocks, the dollar’s fall may take a temporary breather.” The euro weakened to $1.4858 as of 11:39 a.m. in Tokyo from $1.4905 per euro in New York Oct. 16. Europe’s single currency touched $1.4968 on Oct. 15, the strongest since Aug. 13, 2008. The yen was at 90.96 versus the dollar from 90.89 in New York. Japan’s currency was at 135.12 per euro from 135.48 on Oct. 16. Britain’s currency fell to $1.6307 from $1.6356 in New York on Oct. 16 when it touched $1.64, the best level since Sept. 23. Stock Declines The dollar rose against all 16 most-traded counterparts as Asian shares followed declines in the U.S. The Standard & Poor’s 500 Index dropped 0.8 percent on Oct. 16 after Bank of America Corp., the biggest U.S. lender, posted a larger- than-forecast third-quarter loss and U.S. consumer confidence declined more than economists had estimated. The MSCI Asia Pacific Index of regional shares lost 0.7 percent today, and Japan’s Nikkei 225 Stock Average retreated 1.1 percent. The euro weakened after Luxembourg’s Jean-Claude Juncker , who heads the so-called eurogroup and also serves as his nation’s prime minister, said last week the currency’s gains will be discussed at a gathering of euro-area finance ministers in Luxembourg today. “We’ll tell you after the meeting if there’s something new to be said, a kind of extension to the normal poem,” Juncker said last week. “But I guess the poem will stay as the poem was,” adding that “we don’t like excessive volatility in exchange rates and disorderly movements.” Futures traders decreased bets that the euro will gain against the U.S. dollar, figures from the Washington-based Commodity Futures Trading Commission showed. The difference in the number of wagers by hedge funds and other large speculators on an advance in the euro compared with those on a drop — so-called net longs — was 43,367 on Oct. 13, compared with net longs of 51,045 a week earlier. Housing Starts Futures are agreements to buy or sell assets at a set price and date. The figures reflect holdings in currency-futures contracts at the Chicago Mercantile Exchange. Gains in the yen and the dollar may be tempered before reports this week that economists said will show the U.S. housing market improved, damping demand for safer assets. The National Association of Home Builders/Wells Fargo confidence index probably rose to 20 in October from 19 in September, a Bloomberg News survey of economists showed before the report is released today. Housing starts in the U.S. rose to an annual rate of 610,000 in September from 598,000 in August, according to a separate Bloomberg survey. The Commerce Department will release the report tomorrow. Economies Improving Bank of Japan board members said last month that the need for emergency credit-easing programs was decreasing as companies were finding it easier to raise funds, minutes of their meeting showed today. The central bank last week raised its evaluation of Japan’s economy for a second month. “The outlook that economies around the world are recovering is fueling risk-taking sentiment,” said Yuji Saito , head of the foreign-exchange group in Tokyo at Societe Generale SA, France’s third-largest bank. “Given that Japanese and U.S. rates are likely to stay very low to support growth, the yen and the dollar will probably be sold as funding currencies.” Benchmark interest rates are 0.1 percent in Japan and as low as zero in the U.S., compared with 3.25 percent in Australia, 2.5 percent in New Zealand and 1 percent in the euro zone. In carry trades, investors borrow in a nation with low borrowing costs and buy assets in countries where returns are higher. The risk in such trades is that currency market moves will erase profits. Pound Weakens The pound fell from near the highest in three weeks against the dollar on renewed concern the central bank will continue adding currency into circulation. Bank of England policy maker Posen may back an extension on an asset-purchase program from the current 175 billion pounds ($286 billion) to help the economy recover from the recession, London’s Sunday Times reported, citing an interview with Posen. “I’m not worried about overshooting inflation right now,” Posen said, according to the Sunday Times. The Financial Times reported on Oct. 15 that Bank of England Markets Director Paul Fisher said the central bank’s bond-buying program may be paused next month so it will have the option “of doing more later.” The BOE is scheduled to hold its Monetary Policy Committee meeting on Nov. 5. “There are renewed concerns that the BOE may expand its asset-purchase program,” said Lee Wai Tuck , a currency strategist at Forecast Pte in Singapore. The pound “is falling because of Posen’s comments.” Exporter Selling The yen rose on speculation Japanese exporters took advantage of its recent weakness against the dollar and the euro to bring funds back home. Large manufacturers expected the yen to trade at an average of 94.50 per dollar in the 12 months to March 2010, according to the Bank of Japan’s quarterly Tankan survey released Oct. 1. The forecast in the previous report was for a rate of 94.85. The Japanese currency fell to as low as 91.32 per dollar on Oct. 16, the weakest level since Sept. 25, and it declined to 136.07 per euro the same day, the lowest since Aug. 24. “There has been constant selling of the dollar from exporters above 91 yen per dollar,” said Takashi Kudo , director of foreign-exchange sales in Tokyo at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. Japan’s current-account surplus widened in August as a rebound in global demand helped ease declines in exports, according to government data. Exports fell 37.1 percent in August from a year earlier, less than a 37.6 percent decline the previous month, the Ministry of Finance said on Oct. 8. To contact the reporter on this story: Yasuhiko Seki in Tokyo at yseki5@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net

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Galleon’s Rajaratnam Charged in Biggest Hedge Scheme

October 16, 2009

By David Glovin, Katherine Burton and David Scheer Oct. 16 (Bloomberg) — Raj Rajaratnam , the billionaire founder of Galleon Group, and ex-directors at a Bear Stearns Cos. hedge fund were among six people charged in a $20 million insider trading scheme federal prosecutors called the biggest ever involving hedge funds. Also accused were Rajiv Goel , who worked at Intel Capital as a director in strategic investments, Anil Kumar, who worked as a director at McKinsey & Co., and IBM Corp. executive Robert Moffat . The former officials at Bear Stearns Asset Management are Danielle Chiesi and Mark Kurland , who were affiliated with the firm’s New Castle Partners, which managed about $1 billion. “The defendants operated in a world of, you scratch my back, I’ll scratch your back,” U.S. Attorney Preet Bharara in Manhattan said at a press conference today. “Greed, sometimes, is not good.” The case is the largest ever hedge fund insider trading case, Bharara said. It’s the first time wiretaps have been used to target insider trading, signalling the government will now use the same tools against Wall Street that it employs in organized crime and drug cases, he said. Bharara called the case “unprecedented.” Tips came from insiders and others at hedge funds, investor relations firms, and companies including Intel, IBM, McKinsey, and companies whose shares were traded in the scheme, Bharara said. The prosecutor said the investigation was continuing and declined to say whether others would be charged. Plane Ticket Rajaratnam earned between $17 million and $18 million from the fraud, Bharara said. In recent days, he may have been aware he was under investigation. According to one of two criminal complaints filed today, he told an acquaintance that he believed a former Galleon employee was wearing a “wire.” Rajaratnam bought a plane ticket on Oct. 14 for travel to London today, the complaint says. “Galleon was shocked to learn today that Raj Rajaratnam was arrested this morning at his apartment,” the firm said in a statement. “We had no knowledge of the investigation before it was made public and we intend to cooperate fully with the relevant authorities. Galleon continues to operate and is highly liquid.” The Securities and Exchange Commission sued Rajaratnam for engaging in insider trading. The SEC’s complaint said that Rajaratnam didn’t deserve his reputation for “ genius trading strategies” or “astute study of company fundamentals or marketplace trends.” Master of the Rolodex “Raj Rajaratnam is not a master of the universe, but rather a master of the Rolodex,” Robert Khuzami , director of enforcement at the SEC, said at the press conference. “He cultivated a network of high-ranking corporate executives and insiders, and then tapped into this ring to obtain confidential details about quarterly earnings and takeover activity.” Rajaratnam, 52, a graduate of the University of Pennsylvania’s Wharton School, was identified this year by Forbes as the 559th richest person in the world, with a net worth of $1.3 billion. Galleon Partners is based in Manhattan and has offices in London, Singapore, Mumbai, and Menlo Park, California. He faces 13 fraud and conspiracy counts, many of which carry 20-year maximum sentences. Rajaratnam lives in New York City, as do Chiesi, 43, and Kurland, 60. Goel is 51 and lives in Los Altos, California. Kumar is also 51 and lives in Santa Clara, California. Moffat, 53, lives in Ridgefield, Connecticut. Arrested Five of the defendants were arrested in the New York City area and are to appear today in Manhattan court today. Goel was arrested in California. “My client is shocked and distraught,” said Kerry Lawrence , Moffat’s lawyer, in an interview in court today. He said his client learned only this morning of the U.S. investigation. The six are charged with using insider information in two overlapping schemes to trade in shares of companies including Google Inc., Polycom Inc., Hilton Hotels Corp. and Advanced Micro Devices Inc., according to the complaints. Prosecutors said they’ve been investigating the case since at least November 2007, when a person they don’t name in the complaint began meeting with agents of the Federal Bureau of Investigation. The person, who has pleaded guilty and is cooperating with authorities, had used inside information to trade securities and tipped Rajaratnam since 2006, prosecutors said. The person, who had sought a job at Galleon in 2005, helped prosecutors by “making consensual recordings of four telephone conversations” with Rajaratnam, the complaint says. Listening to Landlines Authorities say they have other taped conversations of the billionaire as well. On March 7, 2008, the government got court approval to intercept a cell phone Rajaratnam used, according to one of the complaints. Prosecutors said they’ve also been listening to two of Chiesi’s landlines since August 2008. “A number of the calls intercepted over the wiretap consist of Rajaratnam either providing, receiving, or seeking material nonpublic information about various publicly traded companies,” a complaint says. According to one of the complaints, Chiesi got secret tips from an unidentified person at Akamai Technologies Inc. and from Moffat, who passed along information about IBM, Sun Microsystems Inc., and Advanced Micro Devices Inc. “Chiesi shared certain of this inside information with Kurland,” and they bought securities in the companies, the complaint says. Chiesi also passed along tips to Rajaratnam, “who in turn provided Chiesi with inside information regarding AMD and other publicly traded companies,” prosecutors said in the complaint. Authorities said that Chiesi made illegal insider trades with accounts affiliated with New Castle. Like Martha Stewart The complaint quotes from a conversation on or about August 27, 2008, between Chiesi and a co-conspirator not named as a defendant. “You just gotta trust me on this,” Chiesi is quoted as saying. “Here’s how scared I am about what I’m gonna tell you on AMD.” Chiesi and the co-conspirator talk a little more and Chiesi says, “I swear to you in front of God, you put me in jail if you talk.” Still later, she’s quoted as saying “I’m dead if this leaks. I really am _ and my career is over. I’ll be like Martha f—ing Stewart.” The complaint quotes from conversations between Chiesi and Rajaratnam, including a July 24, 2008, discussion that they had after she spoke to the Akamai executive. That day, Akamai stock had closed at $32.18. Keep Shorting “Akamai,” she told Rajaratnam, according to the complaint. “They’re gonna guide down. I just got a call from my guy.” After Chiesi said that the company would bring the stock down to $25 a share, Rajaratnam replied that he would be “radio silent” and asked when Akamai would report, the complaint says. “Just keep shorting every day,” Chiesi responded, the complaint says. “We got a lot of days.” The complaint says Moffat tipped Chiesi about an AMD venture in Abu Dhabi in which IBM participated, and she told Rajaratnam about that, too. “The firm was distressed to learn that Mr. Kumar was arrested and is looking into the matter urgently,” said McKinsey spokeswoman Yolande Daeninck . Goel, who had been working in the treasury of Intel Corp., the world’s biggest chipmaker, “has been placed on administrative leave as we look into this matter,” said Chuck Mulloy, an Intel spokesman. The company has started its own investigation and will cooperate if contacted by the authorities, he said. IBM spokesmen Ian Colley and Ed Barbini did not immediately respond to phone and e-mail messages seeking comment. Controlling Stake Galleon, which started as a hedge fund firm focusing on technology and health-care stocks, grew to more than $5 billion in 2001 from its start in January 1997. Rajaratnam founded Galleon with three other colleagues from Needham & Co. an investment bank that focused on technology and health-care companies. None of the other co-founders are still at the firm, according to a Galleon marketing document. Galleon Management, the company’s advisory business, oversaw more than $2.6 billion at the end of March, mostly on behalf of hedge funds, according to regulatory filings it submitted to the SEC at the time. Rajaratnam held a 50 percent to 75 percent controlling stake in the advisory, the documents show. The cases are U.S. v. Rajaratnam, 09-02306, and U.S. v. Chiesi, 09-mag-2307, U.S. District Court, Southern District of New York (Manhattan). To contact the reporter on this story: David Glovin in New York federal court at dglovin@bloomberg.net , and David Scheer at David Scheer in New York at dscheer@bloomberg.net .

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Galleon’s Rajaratnam Is Charged by U.S. With Insider Trading at Hedge Fund

October 16, 2009

By David Glovin, Katherine Burton and David Scheer Oct. 16 (Bloomberg) — Raj Rajaratnam , the billionaire founder of the hedge fund firm Galleon Group, and ex-directors at a Bear Stearns Cos. hedge fund were among six people charged in a $20 million insider trading scheme by federal prosecutors. Also accused were Rajiv Goel, who worked at Intel Capital as a director in strategic investments, Anil Kumar, who worked as a director at McKinsey & Co., and IBM Corp. executive Robert Moffat . The former officials at Bear Stearns Asset Management are Danielle Chiesi and Mark Kurland , who were affiliated with the firm’s New Castle Partners, which managed about $1 billion. Rajaratnam used “devices, schemes and artifices to defraud,” one of two complaints in Manhattan federal court says. Prosecutors said they used wiretaps on the billionaire’s phone. “A number of the calls intercepted over the wiretap consist of Rajaratnam either providing, receiving, or seeking material nonpublic information about various publicly traded companies,” a complaint says. The case represents the first time wiretaps were used to target insider trading, U.S. Attorney Preet Bharara in Manhattan said at a press conference. Tips came from insiders and others at hedge funds, investor relations firms, and companies including Intel, IBM, McKinsey, and companies whose shares were traded in the scheme, Bharara said. 13 Counts Rajaratnam, 52, a graduate of the University of Pennsylvania’s Wharton School, was identified this year by Forbes as the 559th richest person in the world, with a net worth of $1.3 billion. Galleon Partners is based in Manhattan and has offices in London, Singapore, Mumbai, and Menlo Park, California. He faces 13 fraud and conspiracy counts, many of which carry 20-year maximum sentences. Rajaratnam lives in New York City, as do Chiesi, 43, and Kurland, 60. Goel is 51 and lives in Los Altos, California. Kumar is also 51 and lives in Santa Clara, California. Moffat, 53, lives in Ridgefield, Connecticut. Pen Pendleton, a spokesman for Galleon, declined to comment. The six are charged with using insider information in two schemes to trade in shares of companies including Google Inc., Polycom Inc., Hilton Hotels Corp. and Advanced Micro Devices Inc., according the complaints filed in Manhattan federal court today. Arrests Five of the defendants have been arrested in the New York City area and will appear in the Manhattan court today. Goel was arrested in California. “The firm was distressed to learn that Mr. Kumar was arrested and is looking into the matter urgently,” said McKinsey spokeswoman Yolande Daeninck . IBM spokesmen Ian Colley and Ed Barbini did not immediately respond to phone and e-mail messages seeking comment. Prosecutors said they’ve been investigating the case since at least November 2007, when a person they don’t name in the complaint began meeting with agents of the Federal Bureau of Investigation. The person, who has pleaded guilty and is cooperating with authorities, had used inside information to trade securities and tipped Rajaratnam since 2006, prosecutors say in one of two complaints filed in Manhattan federal court. Taped Conversations The person, who had sought a job at Galleon in 2005, helped prosecutors by “making consensual recordings of four telephone conversations” with Rajaratnam, the complaint says. Authorities say they have other taped conversations of the billionaire as well. On March 7, 2008, the government got court approval to intercept a cell phone Rajaratnam used, according to one of the complaints. Prosecutors said they’ve also been listening to two of Chiesi’s landlines since August 2008. According to one of the complaints, Chiesi got secret tips from an unidentified person at Akamai Technologies Inc. and from Moffat, who passed along information about IBM, Sun Microsystems Inc., and Advanced Micro Devices Inc. “Chiesi shared certain of this inside information with Kurland,” and they bought securities in the companies, the complaint says. Chiesi also passed along tips to Rajaratnam, “who in turn provided Chiesi with inside information regarding AMD and other publicly traded companies,” prosecutors said in the complaint. Authorities said that Chiesi made illegal insider trades with accounts affiliated with New Castle. Like Martha Stewart The complaint quotes from a conversation on or about August 27, 2008, between Chiesi and a co-conspirator not named as a defendant. “You just gotta trust me on this,” Chiesi is quoted as saying. “Here’s how scared I am about what I’m gonna tell you on AMD.” Chiesi and the co-conspirator talk a little more and Chiesi says, “I swear to you in front of God, you put me in jail if you talk.” Still later, she’s quoted as saying “I’m dead if this leaks. I really am … and my career is over. I’ll be like Martha f—ing Stewart.” The complaint quotes from conversations between Chiesi and Rajaratnam, including a July 24, 2008, discussion that they had after she spoke to the Akamai executive. That day, Akamai stock had closed at $32.18. “Akamai,” she told Rajaratnam, according to the complaint. “They’re gonna guide down. I just got a call from my guy.” After Chiesi said that the company would bring the stock down to $25 a share, Rajaratnam replied that he would be “radio silent” and asked when Akamai would report, the complaint says. Short Every Day “Just keep shorting every day,” Chiesi responded, the complaint says. “We got a lot of days.” The complaint says Moffat tipped Chiesi about an AMD venture in Abu Dhabi in which IBM participated, and she told Rajaratnam about that, too. Galleon, which started as a hedge fund firm focusing on technology and health-care stocks, grew to more than $5 billion in 2001 from its start in January 1997. Rajaratnam founded Galleon with three other colleagues from Needham & Co. an investment bank that focused on technology and health-care companies. None of the other co-founders are still at the firm, according to a Galleon marketing document. Galleon Management, the company’s advisory business, oversaw more than $2.6 billion at the end of March, mostly on behalf of hedge funds, according to regulatory filings it submitted to the Securities and Exchange Commission at the time. Rajaratnam held a 50 percent to 75 percent controlling stake in the advisory, the documents show. The cases are U.S. v. Rajaratnam, 09-02306, and U.S. v. Chiesi, 09-mag-2307, U.S. District Court, Southern District of New York (Manhattan). To contact the reporter on this story: David Glovin in New York federal court at dglovin@bloomberg.net , and David Scheer at David Scheer in New York at dscheer@bloomberg.net .

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Asian Stocks Fall to One-Month Low on Growth Concern; Yen, Treasuries Gain

October 2, 2009

By Masaki Kondo and Kotaro Tsunetomi Oct. 2 (Bloomberg) — Asian stocks fell, dragging the MSCI Asia Pacific Index to a one-month low, as concerns the economic recovery will falter caused automakers and mining shares to drop. Treasuries and the yen rose as demand for haven assets increased. Toyota Motor Corp. , which gets 31 percent of its revenue in North America, retreated 3.1 percent in Tokyo after its U.S. sales slumped last month. BHP Billiton Ltd. , the world’s biggest mining company, sank 2.5 percent in Sydney after metal prices dropped. Yields on 10-year Treasuries fell to the lowest level since May and the yen extended gains after CIT Group Inc. said it may file for bankruptcy protection. The MSCI Asia Pacific Index lost 1.9 percent to 114.53 as of 2:40 p.m. in Tokyo, set for the lowest close since Sept. 7. The gauge has declined 2.8 percent this week, during which the measure capped its second-straight quarterly advance. It has climbed 58 percent in the past seven months. “There seems to be growing consensus that the pace of the recovery will slow,” said Kiyoshi Ishigane , a senior strategist at Mitsubishi UFJ Asset Management Co., which oversees the equivalent of $56 billion. “There is a question mark over a further rebound in consumption and production.” Japan’s Nikkei 225 Stock Average slumped 2.5 percent even after the statistics bureau said the unemployment rate fell to 5.5 percent in August from a record 5.7 percent in July. Panasonic Corp. dropped 3.9 percent on a brokerage downgrade, while Aomori Bank Ltd. tumbled 18 percent on share-sale plans. U.S. Economic Data Hong Kong’s Hang Seng Index fell 2.3 percent, with Li & Fung Ltd. , the biggest supplier of clothes and toys to Wal-Mart Stores Inc., slumping 3.8 percent. Australia’s S&P/ASX 200 Index sank 1.8 percent. Singapore’s Straits Times Index dropped 1.5 percent. All markets in the region that were open declined. China, India and South Korea are closed for holidays. Futures on the Standard & Poor’s 500 Index slipped 0.3 percent. The gauge declined 2.6 percent yesterday after reports on the reports on manufacturing and jobless claims missed economists’ estimates. A government report due later today may show U.S. employers cut jobs for a 21st month in September. The MSCI Asia Pacific Index is set for its biggest weekly decline in more than a month as a Bank of Japan survey showed companies planned to further cut investment, while U.S. economic data missed economist estimates. The U.S. Labor Department may report today that the country’s employers shed 175,000 jobs in September after a reduction of 216,000 in August, according to the median forecast of economists surveyed by Bloomberg News. High Expectations Toyota, Japan’s largest carmaker, fell 3.1 percent to 3,400 yen after its U.S. sales slumped 13 percent in September following the end of the “cash for clunkers” rebate program. Honda Motor Co. , which had a 20 percent drop in U.S. sales, dropped 3.3 percent to 2,675 yen. “Expectations about the economic outlook have been too high,” said Juichi Wako , a senior strategist at Tokyo-based Nomura Holdings Inc. “For now, we have nothing that can lift the market.” Li & Fung slipped 3.8 percent to HK$30.05 in Hong Kong. Panasonic , Japan’s largest maker of home appliances, sank 3.9 percent to 1,243 yen as Mizuho Securities Co. cut its recommendation on the company to “reduce” from “hold.” Japanese exporters also fell amid concerns a stronger yen will reduce the value of repatriated overseas sales. The currency strengthened to 130.10 versus the euro from 130.35 in New York yesterday and rose to 89.52 per dollar from 89.60. “Risk aversion is coming back with stocks falling and the U.S. economic outlook remaining iffy,” said Masato Mori , senior manager of the business and marketing department at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. CIT Collapse? The yield on the 10-year Treasury note fell two basis points to 3.16 percent, according to BGCantor Market data. The yield, which has declined 15 basis points this week, is at the lowest since May 21 amid concerns CIT , a 101-year-old commercial lender will fail to cut debt and raise capital. In Sydney, BHP shares lost 2.5 percent to A$36.28 after a gauge of six metals, including copper, dropped 2.8 percent yesterday in London, breaking a three-day winning streak. Copper futures in New York decreased 1.1 percent, extending yesterday’s 2.9 percent slump. Nippon Mining Holdings Inc. fell 3.6 percent to 425 yen in Tokyo. The company’s metal unit owns 66 percent of Pan Pacific Copper Co., Japan’s biggest smelter of the metal. Maanshan Iron & Steel Co. , the second-biggest Hong Kong-listed Chinese steelmaker, declined 4.7 percent to HK$4.46. Spending Packages Platinum Australia Ltd. , which owns mines in South Africa and Australia, sank 4.5 percent to 84.5 Australian cents after completing a share sale to raise A$30 million ($26 million). Signs that lower borrowing costs and spending packages were dragging economies out of recession have fueled the seven-month stock rally. MSCI’s Asian index this week completed its second quarterly advance, gaining 14 percent in the three months through Sept. 30. The advance was less than the previous quarter’s 28 percent increase amid valuation concerns. The average price of the MSCI Asia Pacific Index’s shares rose to 1.6 times book value on Sept. 17, up from 1 at the measure’s five-year low on March 9. “We believe that the recovery prospects are a bit overplayed,” Arnout van Rijn , chief investment officer of Robeco Hong Kong Ltd., told Bloomberg Television today. Aomori Bank plunged 19 percent to 294 yen. The bank said yesterday it planned to raise as much as 11.6 billion yen ($130 million) in a sale of new shares. Japan’s three largest banks, Mitsubishi UFJ Financial Group Inc., Sumitomo Mitsui Financial Group Inc. and Mizuho Financial Group Inc., have raised 1.8 trillion yen by selling stock since the end of December. China Petroleum & Chemical Corp. retreated 2.6 percent to HK$6.42. Asia’s biggest refiner may be banned by Iraq from the second round of bidding on oil and natural-gas projects because the company hasn’t given up its contract in the country’s northern Kurdistan area, the Wall Street Journal reported. To contact the reporter for this story: Masaki Kondo in Tokyo at mkondo3@bloomberg.net ; Kotaro Tsunetomi in Tokyo at ktsunetomi@bloomberg.net .

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Yen Strengthens on Speculation Japanese Exporters Are Repatriating Profits

September 25, 2009

By Yasuhiko Seki and Ron Harui Sept. 25 (Bloomberg) — The yen rose, heading for a weekly advance against the euro, on speculation Japanese exporters repatriated profits before the fiscal first half ends this month. The dollar pared a weekly gain against the euro after Reuters said a draft communiqué by Group of 20 leaders pledged to maintain stimulus measures. The pound was set for a third weekly loss against the euro after a newspaper reported that Bank of England Governor Mervyn King said the currency’s drop would help the economy rebalance. “Yen repatriation by Japanese firms is likely to continue today and next week,” said Masanobu Ishikawa , general manager of foreign exchange at Tokyo Forex & Ueda Harlow Ltd., Japan’s largest currency broker. “The bias is for the yen to rise.” Japan’s currency climbed to 133.18 yen per euro as of 7:20 a.m. in London from 133.86 yen in New York yesterday, after earlier reaching 132.53 yen, the highest level since Sept. 16. It rose to 90.66 yen per dollar from 91.27 yen. The dollar was at $1.4691 per euro from $1.4666 yesterday in New York and from $1.4712 a week earlier. The greenback is set for a 0.1 percent weekly gain against Europe’s single currency, the first advance since the five days ending Sept. 4. The G-20 also agreed to take steps to restrict excesses in the financial industry and cooperate on increasing capital standards for banks, Reuters said, citing the draft report. The G-20 kicked off a two-day meeting yesterday in Pittsburgh. Profit Repatriation “World leaders probably want to keep stimulus steps in place until the recovery proves to be sustainable,” said Akifumi Uchida , deputy general manager of the marketing unit at Sumitomo Trust & Banking Corp. in Tokyo. “The trend for risk taking is likely to persist, with the dollar prone to weaken.” Japan’s currency is set for a weekly advance versus 13 of its 16 major counterparts on prospects the nation’s exporters will take advantage of an April 1 rule change that waives taxes on repatriated profits. Under previous laws, companies had to pay a combined 40 percent tax on overseas earnings. The first half of Japan’s fiscal year ends Sept. 30. Japanese exports fell 36 percent in August from a year earlier, the Finance Ministry said yesterday, an 11th-straight decline. The drop was exacerbated by the yen’s 17 percent surge against the dollar in the past year, making Japanese goods more expensive abroad and lowering the value of repatriated earnings. Toyota Motor Corp. Executive Vice President Yukitoshi Funo said today the Japanese currency’s “current level around 90 yen is a bit painful. I think the yen should be a little weaker.” Toyota, the world’s largest automaker, forecasts a 450 billion yen ($5 billion) net loss for the year ending March 2010. Large manufacturers expected the yen to trade at an average of 94.85 per dollar in the 12 months to March 2010, according to the Bank of Japan’s quarterly Tankan survey released July 1. ‘Very Helpful’ The pound reached the lowest level in more than five months against the euro after the Newcastle Journal cited BOE governor King as saying the U.K. currency’s drop is “very helpful” to the process of rebalancing the British economy. “The pound was the star of all the currencies that fell today,” said Takashi Kudo , director of foreign-exchange sales in Tokyo at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. The pound declined to as low as $1.5918 today, the weakest since June 8, from $1.6059 yesterday in New York. The U.K. currency dropped to 91.93 pence per euro, reaching the lowest level since April 1. The dollar rose earlier after Federal Reserve Governor Kevin Warsh said the U.S. central bank may need to be as aggressive in reversing money-easing actions as policy makers were in starting them. ‘Whatever it Takes’ “If ‘whatever it takes’ was appropriate to arrest the panic, the refrain might turn out to be equally necessary at a stage during the recovery to ensure the Federal Reserve’s institutional credibility,” Warsh said in an opinion piece posted late yesterday on the Wall Street Journal’s Web site. His comments followed statements by the Federal Reserve and U.S. Treasury that they’re scaling back emergency programs aimed at combating the financial crisis, reducing support for firms that now have an easier time getting funding. European policy makers are also moving to scale down monetary stimulus. The European Central Bank said it will discontinue its 84-day U.S. dollar liquidity-providing operations with the Fed “given the limited demand and the improved conditions in funding markets.” The ECB will keep conducting seven-day dollar operations. Carry Trades “The announcements by these central banks triggered buy- backs of the dollar, which was used to finance investments on riskier assets,” said Fumio Mizutani , a currency analyst at currency-margin company ODL Japan Co. “We now need to carefully ascertain whether this action will affect dollar-carry investments.” In carry trades, investors borrow in a nation with low interest rates and invest where returns are higher. The risk in such trades is that currency market moves will erase profits. Benchmark interest rates are 2.5 percent in New Zealand and 3 percent in Australia, compared with 0.1 percent in Japan and as low as zero in the U.S, making investments in the South Pacific nations’ comparatively attractive. To contact the reporters on this story: Yasuhiko Seki in Tokyo at yseki5@bloomberg.net ; Ron Harui in Singapore at rharui@bloomerg.net .

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Dollar Index Drops for Sixth Day in Longest Stretch of Losses Since March

September 11, 2009

By Ye Xie and Oliver Biggadike Sept. 11 (Bloomberg) — The Dollar Index fell for a sixth day in its longest losing streak since March as an increase in U.S. consumer sentiment encouraged investors to sell the greenback and buy higher-yielding assets overseas. Sterling rose to a one-month high versus the dollar as U.K. producer prices increased in August. The yen advanced versus most of its major counterparts on speculation China’s recovery will boost the growth of its Asian neighbors and Japan’s exporters will repatriate earnings. “The data has been relatively good, and the burden of proof is on the doomsayers,” said Paul Robson , a senior currency strategist in London at Royal Bank of Scotland Group Plc, Britain’s biggest state-owned bank. “With policy makers saying they are going to keep monetary policy low and accommodative for some time, that’s supporting risk, and people are using the dollar as a funding currency.” The Dollar Index , which IntercontinentalExchange Inc. uses to track the greenback against the currencies of six major U.S. trading partners including the euro, yen and pound, retreated 0.2 percent to 76.683 at 4:29 p.m. in New York. The gauge decreased 1.9 percent from Sept. 4 in its biggest weekly drop since May. The index earlier today touched 76.457, the lowest level since Sept. 25, 2008. The U.S. currency erased its decline versus the euro at about 10 a.m. New York time on increased demand for safety as CNN reported an incident on the Potomac River involving the Coast Guard on the anniversary of the Sept. 11, 2001, attacks. The Coast Guard was conducted a training exercise, said a spokesman, Petty Officer Second Class Nathan Henise. ‘Prudent’ Action “It’s one of those cases where the prudent course of action is to act now and think about it later,” said Nick Bennenbroek , head of currency strategy at Wells Fargo & Co. in New York. The dollar traded at $1.4596 per euro, compared with $1.4582 yesterday, after earlier sliding to $1.4634, the weakest level since Dec. 18. The U.S. currency fell 1.4 percent to 90.47 yen after touching 90.21, the lowest level since Feb. 12. Japan’s yen gained 1.3 percent to 132.08 per euro, from 133.76. The U.S. currency was headed for its biggest weekly decline since May versus the euro, falling 2 percent. It was poised for a 2.7 percent drop versus the yen this week, its fifth weekly decline in the longest losing streak since December. The yen was up 0.5 percent versus the euro this week. U.S. Sentiment The Reuters/University of Michigan preliminary index of U.S. consumer sentiment advanced to 70.2 this month from 65.7 in August. The median forecast of 69 economists surveyed by Bloomberg News was for an increase to 67.5. “The market is certainly extremely dollar-negative,” said Derek Halpenny , European head of currency strategy in London at Bank of Tokyo-Mitsubishi UFJ Ltd., in an interview on Bloomberg Radio. “Personally, I am a little bit skeptical. As the fundamental news in the U.S. continues to improve, I think that will become more of a difficult phenomenon to persist with. We’ll see yields move higher.” Fed funds futures contracts on the Chicago Board of Trade show investors reduced expectations of a U.S. rate increase early next year. There’s a 22 percent chance that the Fed will raise its target for overnight bank lending to 0.5 percent on Jan. 27, 2010, down from 40 percent odds a month ago. Sterling increased as much as 0.6 percent to $1.6742, the highest level since Aug. 7, as the Office for National Statistics said today in London that the U.K.’s producer prices climbed 0.2 percent last month from July, when it rose at the same pace. The Bank of England refrained yesterday from expanding its asset-purchase program of buying up to 175 billion pounds ($290 billion) in bonds. Yen Versus Dollar The yen advanced to a seven-month high versus the dollar on an increase in China’s output and on speculation Japanese companies are bringing back money earned abroad to take advantage of a tax break that went into effect this fiscal year. “Japan’s exporters are bringing home their earnings, a typical move in September toward the end of the third quarter,” said Takashi Kudo , director of foreign-exchange sales at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “As a result, the yen is rising across the board.” The Japanese government announced this year that it would waive taxes on repatriated profits from April 1 to help support the economy. Under previous laws, companies had to pay a combined 40 percent tax on overseas earnings. China’s industrial production expanded 12.3 percent in August from a year earlier, the statistics bureau reported today in Beijing. Economists surveyed by Bloomberg News forecast an 11.8 increase. To contact the reporters on this story: Ye Xie in New York at yxie6@bloomberg.net ; Oliver Biggadike in New York at obiggadike@bloomberg.net

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Yen Gains Versus Euro as Trade Figures, Drop in Stocks Spur Safety Demand

September 7, 2009

By Yoshiaki Nohara and Ron Harui Sept. 8 (Bloomberg) — The yen rose against the euro and dollar before a government report that economists say will show U.K. industrial production grew in July at a slower pace, boosting demand for Japan’s currency as a refuge. The British pound dropped against the yen for a second day amid speculation the Bank of England this week will expand its asset-purchase program, adding to signs the economic recovery will be sluggish. The greenback was close to its lowest level in a year versus Australia’s dollar on speculation Federal Reserve officials will this week signal they plan to hold down borrowing costs, boosting demand for so-called dollar carry trades. “Weaker industrial production and further monetary easing in the U.K. would enhance risk aversion,” said Masato Mori, senior manager of the business and marketing department at NTT SmartTrade Inc. a unit of Nippon Telegraph & Telephone Corp. “That’s supportive of the yen as a refuge.” The yen climbed to 92.79 per dollar as of 12:37 p.m. in Tokyo from 93.08 in London yesterday. Japan’s currency gained to 133.09 per euro from 133.39 per euro. The pound fell to 151.72 yen from 152.17 yen. Australia’s dollar bought 85.44 U.S. cents from 85.57 yesterday, when it touched 85.77 cents, the most since Sept. 1, 2008. The so-called Aussie slipped 0.4 percent to 79.29 yen. The dollar was at $1.4342 per euro from $1.4332. U.K. Factory Outputs The yen advanced against all 16 major counterparts as economists surveyed by Bloomberg News said U.K. factory output may have gained 0.2 percent in July after rising 0.5 percent in June. The Office for National Statistics in London will release the data today. The Bank of England has cut interest rates from 5.75 percent to a record low of 0.50 percent and has taken further steps such as buying bonds in the past 1 1/2 years to support economic growth. The central bank will leave its benchmark rate unchanged at its Sept. 10 meeting, according to all 60 analysts surveyed by Bloomberg News. The yen also strengthened after the Ministry of Finance said Japan’s current-account surplus fell to 1.27 trillion yen ($13.6 billion) in July from a year earlier. The median estimate of 24 economists surveyed by Bloomberg News was for the surplus to shrink to 1.45 trillion yen. Exports tumbled 37.6 percent in July from a year ago, more than June’s 37 percent drop, data from the ministry showed. Imports slid 41.2 percent, easing from 43.8 percent the previous month. ‘Slide in Exports’ “The ongoing slide in exports, the main engine for the Japanese economy, bodes ill for a recovery anytime soon,” said Tsutomu Soma , a bond and currency dealer at Okasan Securities Co. in Tokyo. “This may spark risk aversion, thereby leading to buying of the yen.” Benchmark interest rates are as low as zero in the U.S. and 0.1 percent in Japan, compared with 3 percent in Australia, making the South Pacific nation’s assets attractive to investors. The dollar weakened before speeches by U.S. policy makers including Chicago Fed President Charles Evans and Dallas Fed President Richard Fisher this week. The Dollar Index , which IntercontinentalExchange Inc. uses to track the dollar against the currencies of six major U.S. trading partners, was at 77.975 today from 78.012 yesterday. Fisher said last week the U.S. economy will probably undergo an extended period of slow growth while facing “financial headwinds” that will take years to wane, indicating the Fed may maintain its benchmark interest rate as low as zero. ‘Inflation Debate’ “Overall monetary support from the major economies is supporting risky and high-yield currencies,” Greg Gibbs , a currency strategist in Sydney at Royal Bank of Scotland Group Plc, wrote in a research note today. “The U.S. dollar is the most popular funding currency.” Evans will speak on “The Great Inflation Debate” in New York and Fisher will speak on “Today’s Economy: New Challenges for Business” in Dallas tomorrow. Atlanta Fed President Dennis Lockhart will speak in Jacksonville, Florida, and Fed Vice Chairman Donald Kohn will speak in Washington on Sept. 10. In carry trades, investors get funds in a country with relatively low borrowing costs and invest in another nation with higher interest rates. To contact the reporters on this story: Yoshiaki Nohara in Tokyo at ynohara1@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net .

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Yen Strengthens, Japanese Stocks Drop After DPJ Wins Election

August 31, 2009

By Masaki Kondo Aug. 31 (Bloomberg) — The yen strengthened after the Democratic Party of Japan won yesterday’s national election by a landslide, marking an end to single-party government that lasted almost unbroken for half a century. Japanese stocks fell. The yen appreciated to 132.26 per euro in Tokyo from 133.85 in New York on Aug. 28, and strengthened to 92.77 per dollar from 93.60. The Nikkei 225 Stock Average fell 0.4 percent to 10,492.53 at the 3 p.m. close on the Tokyo Stock Exchange, reversing an earlier gain of 2.2 percent. Bonds rose. “Some are saying the market has fully reflected the change of government, but the change is too big to be priced in,” said Hisakazu Amano , who helps oversee the equivalent of $18 billion at T&D Asset Management Co. “The impact of the DPJ victory on company earnings is still uncertain and investors can’t decide what to buy or sell.” The DPJ routed the Liberal Democratic Party in yesterday’s vote, capturing 308 of 480 lower-house seats. The DPJ has pledged to revive an economy emerging from its deepest recession since World War II by boosting child-care spending, cutting taxes and limiting the power of bureaucrats. The yen strengthened against all 16 major counterparts, gaining for a fifth day against the euro and rising to its strongest level versus the dollar since July 13. A tumble in Chinese stocks also fueled demand for the relative safety of Japan’s currency. ‘Risk Averse’ The Shanghai Composite Index slumped 5.4 percent, set for the lowest close since May 27. China is Japan’s biggest export market. “The slide in China’s equity markets led to buying of the yen,” said Toshihiko Sakai , head of trading for foreign exchange and financial products at Mitsubishi UFJ Trust & Banking Corp. in Tokyo. “Investors are still risk averse.” Honda Motor Co. , which gets more than half its sales in North America, slid 1.8 percent. Canon Inc. , the world’s biggest maker of digital cameras and which gets a third of its sales from the Americas, dived 3.3 percent. Toyota Motor Co., the world’s largest automaker, slumped 1.2 percent. Manufacturers of cars and electronics contributed the most to declines in Japan’s broader Topix index, which slipped 0.4 percent to 965.73. The Nikkei added 1.3 percent in August for a sixth monthly increase , the longest stretch of gains since the nine months ended January 2006. NTT, Retail Stocks Nippon Telegraph & Telephone Corp. , Japan’s biggest phone company and 34 percent owned by the government, jumped 3.2 percent, the most since Aug. 4. The DPJ is supported by NTT’s labor union and is less likely than the Liberal Democratic Party of Japan to review the company’s status and organization, Hironobu Sawake , an analyst at JPMorgan Chase & Co., said in a report this month. J Front Retailing Co. , Japan’s No. 2 department-store operator, climbed 2.7 percent. Round One Corp. , which operates bowling alleys, surged 5.2 percent after the higher sales outlook prompted Mitsubishi UFJ Financial Group Inc. to give its highest rating to the stock. “If the DPJ’s proposed measures to bolster household income lift consumer spending, it will make an economic recovery more certain,” said Ryuta Otsuka , a strategist at Toyo Securities Co. in Tokyo. Japan’s retail sales fell less than economists had estimated last month, a report from the Trade Ministry showed this morning. Monthly wages dropped for a 14th month in July, the Labor Ministry said today. Boost Household Spending The DPJ, which has pledged to boost the minimum wage, plans to eliminate unnecessary government spending and abolish some tax deductions to finance its economic aid package. DPJ leader Yukio Hatoyama said on Aug. 23 that he won’t let new bond sales for the next fiscal year exceed this year’s record. Japanese government bonds rose, with the yield on the 1.5 percent bond due June 2019 falling half a basis point to 1.305 percent as of 3:15 p.m. in Tokyo. The Markit iTraxx Japan index of credit-default swaps, which act as insurance against company defaults and are a measure of the perceived risk of such an event, was little changed today, BNP Paribas SA prices showed. Nikkei futures expiring in September declined 0.8 percent to 10,450 in Osaka and fell 0.8 percent to 10,440 in Singapore. To contact the reporter for this story: Masaki Kondo in Tokyo at mkondo3@bloomberg.net .

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Euro Gains Versus Dollar, Yen on Prospects German Investor Confidence Rose

August 17, 2009

By Yoshiaki Nohara and Ron Harui Aug. 18 (Bloomberg) — The euro rose against the dollar and the yen before a report economists said will show German investor confidence advanced this month, easing concern the global economic recovery will stall. The 16-nation currency advanced the most in more than a week versus the yen before a report forecast to show confidence rose to a three-year high in Europe’s largest economy. The yen fell against all of its 16 major counterparts on speculation Japanese investors and importers took advantage of its strength to sell the currency. “Because Germany is a manufacturing hub, it’s a good barometer for what’s happening in the global economy,” said Jonathan Cavenagh , a currency strategist at Westpac Banking Corp. in Sydney. “The euro will receive some benefit from it.” The euro rose to $1.4105 at 10:35 a.m. in Tokyo from $1.4082 in New York yesterday, when it touched $1.4046, the lowest level since July 30. It advanced 0.5 percent, the most since Aug. 7, to 133.73 yen from 133.08 yen. The euro bought 86.14 British pence from 86.15 pence. The yen declined to 94.81 per dollar from 94.50 in New York yesterday, when it reached 94.21, the strongest level since July 29. The currency dropped 0.8 percent to 78.14 versus Australia’s dollar and fell 0.6 percent to 63.50 per New Zealand’s dollar. Germany’s Economy Europe’s single currency rebounded from a two-day decline versus the dollar as doubts about the economic recovery damped demand for higher-yielding assets and triggered a selloff in equities. The ZEW Center for European Economic Research will say its index of investor and analyst expectations rose to 45 from 39.5 in July, according to the median of 35 forecasts in a Bloomberg News survey. That would be the highest reading since May 2006. ZEW releases the report, which aims to predict developments six months ahead, at 11 a.m. in Mannheim today. Germany’s economy grew 0.3 percent in the second quarter from the first, bringing a halt to the worst recession since World War II sooner than forecasters had expected, a report showed last week. The European Central Bank this month kept its benchmark interest rate unchanged at 1 percent. ECB President Jean-Claude Trichet said after the Aug. 6 meeting that there are “clearly less negative” economic signs. The yen declined from near a two-week high versus the dollar on speculation Japanese importers sold the currency and as technical charts signaled its 1.5 percent gain in the past five days was excessive. Yen Correction “The yen’s recent rise was rapid, so there’s probably a correction occurring,” said Nobuaki Kubo , vice president of foreign exchange in Tokyo at BBH Investment Services Inc., a unit of New York-based Brown Brothers Harriman & Co. “It’s also likely that importers would sell yen at these levels.” The dollar’s 14-day stochastic oscillator against the yen was 18.5 today, near the 20 level that indicates it may have fallen too fast and is poised to gain. In technical analysis, investors and analysts study charts of trading patterns and prices to forecast changes in a currency. Japan’s currency also weakened amid speculation investors sold the yen to purchase higher-yielding assets elsewhere. “There’s talk that Japanese insurers and securities firms are selling the yen,” said Takashi Kudo , director of foreign- exchange sales at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “They may be seeking higher returns abroad.” Commodity Currencies The benchmark interest rate is 0.1 percent in Japan, compared with 3 percent in Australia and 2.5 percent in New Zealand, making the South Pacific nations’ assets attractive to investors. Gains in the dollar may be limited before the Commerce Department reports housing data today in Washington. U.S. housing starts rose to an annual rate of 598,000, the highest level since November, from a 582,000 pace in June, according to a Bloomberg News survey of economists. “A strong number is going to be good for commodities and commodity currencies like the kiwi,” Westpac’s Cavenagh said, referring to the New Zealand dollar by its nickname. “The impact will be positive from a risk point of view,” reducing demand for the dollar as a refuge, he said. The Dollar Index , which the ICE uses to track the dollar against currencies of six major U.S. trading partners such as the euro and the yen, traded at 79.232 from 79.318 yesterday. To contact the reporters on this story: Yoshiaki Nohara in Tokyo at ynohara1@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net .

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Yen Gains a Second Day as China Industrial Output Rises Less Than Forecast

August 10, 2009

By Theresa Barraclough and Ron Harui Aug. 11 (Bloomberg) — The yen rose for a second day against the euro and the dollar after a Chinese government report showed industrial output expanded less than economists expected, spurring demand for the safety of Japan’s currency. The yen strengthened versus all of the 16 major currencies after China also said producer prices and consumer prices both declined. The euro dropped to the lowest in almost a week against the yen after Standard & Poor’s Ratings Services cut the credit ratings of Estonia and Latvia, citing concern about the region’s recession. “The data indicate China’s economy may not be growing as strongly as people are hoping,” said Takashi Kudo , director of foreign-exchange sales at NTT SmartTrade Inc., a unit of Nippon Telegraph & Telephone Corp. “This is leading to risk aversion, with the yen being bought.” The yen advanced to 136.70 per euro as of 12:03 p.m. in Tokyo from 137.36 in New York yesterday, after rising to 136.46, the strongest since Aug. 5. It climbed to 96.70 per dollar from 97.15. The euro traded at $1.4137 from $1.4140, and bought 85.84 British pence from 85.79 pence. China’s statistics bureau said industrial production expanded 10.8 percent in July, below the median estimate for a 11.5 percent increase in a Bloomberg News survey. Consumer prices fell 1.8 percent last month, and producer prices dropped a record 8.2 percent, the statistics bureau also reported. Standard & Poor’s lowered Estonia’s long-term sovereign credit rating to A-, and cut Latvia’s rating to two notches below investment grade. ‘Variety of Problems’ “The European economy is facing a variety of problems, especially Eastern Europe,” said Kyohei Morita , chief economist at Barclays Capital in Tokyo. “This may give the foreign- exchange market the motivation to be driven by the search for safety” offered by the dollar and the yen, he said. Japan’s currency rose the most versus South Korea’s won and the New Zealand dollar. The yen rose 1.7 percent to 12.856 won, and advanced 0.9 percent to 65.12 against the New Zealand dollar. The euro traded near a one-week low versus the dollar before a German report economists said will show wholesale prices fell for a ninth month, giving the European Central Bank more reason to keep borrowing costs low. German prices fell 9.7 percent in July from a year earlier, after declining 8.8 percent the previous month, according to a Bloomberg News survey of economists. The Federal Statistics Office will release the data in Wiesbaden today. Euro to ‘Struggle’ “We suspect the euro-dollar will struggle this week, given the relatively anemic economic performance of the euro-zone,” said Danica Hampton , a currency strategist at Bank of New Zealand Ltd. in Wellington. It will take time before recovery in the 16-nation euro region begins, ECB council member Erkki Liikanen said, according to the Finnish newspaper Uutispaeivae Demari yesterday. The euro is likely to weaken to 130 yen by year-end after the 16-nation currency failed to rise through so-called resistance at 141.04 yen, according to Deutsche Bank AG, citing trading patterns. Resistance at that level represents the 50 percent retracement of the euro’s decline from last year’s high of 169.96 yen reached on July 23, to this year’s low of 112.12 on Jan. 21, based on a series of numbers known as the Fibonacci sequence. Resistance refers to levels where sell orders may be clustered. Since reaching January’s low, the euro has gained 22 percent versus the yen. “The European currency has strengthened too quickly,” said Koji Fukaya , a senior currency strategist at the Tokyo unit of Deutsche Bank, the world’s biggest foreign-exchange trader. “It will struggle to break 140 yen.” To contact the reporter on this story: Theresa Barraclough in Tokyo at tbarraclough@bloomberg.net ; Ron Harui in Singapore at rharui@bloomberg.net .

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Asian Stocks Rise on Confidence Economy Is Recovering; Alumina, NTT Climb

August 6, 2009

By Shani Raja Aug. 6 (Bloomberg) — Asian stocks rose as Alumina Ltd. posted a smaller-than-estimated underlying loss and Australian employers unexpectedly added jobs, boosting confidence the global economy is recovering. Alumina , partner in the world’s biggest producer of the material used to make aluminum, surged 9.8 percent in Sydney. Nippon Telegraph & Telephone Corp. , Japan’s biggest phone operator, climbed 2.5 percent after saying profit at its fixed- line units rose. Chinese stocks declined, led by Citic Securities Co. ’s 2.1 percent drop in Shanghai, on concern the nation’s central bank may rein in lending. The MSCI Asia Pacific Index gained 0.8 percent to 112.81 as of 3:50 p.m. in Tokyo, with five stocks advancing for every four that declined. The measure had fallen 1 percent in the previous two days. The gauge has climbed 60 percent from a five-year low on March 9 on speculation the global economy is recovering. “The market is ostensibly in a bit of a sweet spot,” said Tim Schroeders , who helps manage $1 billion at Pengana Capital Ltd. in Melbourne. “The momentum in economic fundamentals is improving in terms of global growth. We’ll need to see continued upgrades to earnings estimates to ensure the market continues its momentum higher.” Japan’s Nikkei 225 Stock Average rose 1.3 percent. Elpida Memory Inc. climbed 7.2 percent in Tokyo after JPMorgan Chase & Co. upgraded the stock. Australia’s S&P/ASX 200 Index added 1.5 percent as builder Leighton Holdings Ltd. gained 3.4 percent after predicting a rebound in Asian demand for resources. Nikon, Cathay Pacific Among stocks that fell today, Nikon Corp. , which makes equipment used to produce semiconductors, tumbled 10 percent in Tokyo after forecasting a record loss. Cathay Pacific Airways Ltd. , Hong Kong’s biggest carrier, dropped 3.6 percent after its chief executive said the global recession might require “fundamental changes” to its business model. Futures on the Standard & Poor’s 500 Index were little changed. The gauge dropped 0.3 percent yesterday after data from ADP Employer Services showed American businesses cut more workers from pay rolls last month than economists estimated. The Institute for Supply Management’s index of non-manufacturing businesses also declined in July. Alumina rose 9.8 percent to A$1.795. The company reported an underlying loss of A$15 million ($12.6 million) in the six months ended June 30, beating the A$22 million median estimate of three analysts compiled by Bloomberg. “It appears that the worst is over,” said Ben Potter , an analyst at IG Markets in Melbourne. “The headline numbers were certainly stronger than expected.” Metals Prices BHP Billiton Ltd. , the world’s biggest mining company, gained 1.7 percent to A$38.79 after a gauge of six metals in London climbed 3.3 percent yesterday to a level not seen since Sept. 30. Aluminum prices jumped 4 percent, while copper added 2.5 percent. Rio Tinto Group , the world’s third-largest mining company, rose 1.9 percent to A$61.90. NTT climbed 2.5 percent to 4,070 yen. The company said yesterday operating profits at its fixed-line units NTT East Corp. and NTT West Corp. grew at least 76 percent in the three months to June 30. The results of these subsidiaries tend to influence NTT’s share price, Hitoshi Hayakawa , an analyst at Credit Suisse Group AG, wrote in a report yesterday. Elpida, Japan’s largest maker of computer-memory chips, gained 7.2 percent to 1,195 yen after JPMorgan Chase & Co. upgraded the stock to “overweight” from “neutral” on signs that earnings will “break even” in the December quarter. Rising Valuations Thirty-four percent of the 369 companies in the MSCI Asia Pacific Index that have reported quarterly results so far have beaten analysts’ profit estimates, while 18 percent have missed, according to data compiled by Bloomberg. Better-than-expected earnings and economic reports worldwide have driven stocks higher since March, lifting the average valuation of the MSCI Asia Pacific Index’s companies to a four-month high of 25 times estimated profit on July 28. “The market is at the near-term ceiling,” said Mitsushige Akino , who oversees the equivalent of $632 million at Ichiyoshi Investment Management Co. “People are optimistic but don’t have enough catalysts to make them even more optimistic.” In Sydney, Leighton , Australia’s biggest construction company, gained 3.4 percent to A$30 after Chief Executive Officer Wal King said the past 18 months represented only a “bump” in the minerals-demand cycle. The number of Australians employed rose 32,200 from June, the country’s statistics bureau said in Sydney today. The median estimate of 18 economists surveyed by Bloomberg was for a decline of 18,000. The jobless rate held at 5.8 percent. Fine Tuning Citic Securities, China’s largest brokerage by market value, slumped 2.1 percent to 35.60 yuan after the People’s Bank of China said it will fine-tune monetary policy and ensure “appropriate” lending growth. Haitong Securities Co. sank 1.1 percent to 18.52 yuan. The Shanghai Composite Index lost 1 percent, posting its first back-to-back drop in three weeks. The gauge has gained every month this year as record bank lending and government stimulus spending spur a rebound in the economy. Companies in the measure are valued at an average 36 times estimated profit, twice the level of stocks in the MSCI Emerging Market Index . “The ‘fine-tune tone’ is spooking investors who are worried that the central bank will follow up with tightening measures, such as hiking the reserve ratio,” said Wang Zheng , a fund manager at Jingxi Investment Management Co. in Shanghai. “With the market at a high-flying level, investors are very sensitive to any news related to liquidity.” Record Loss Nikon sank 10 percent to 1,690 yen. The company said its net loss will probably be 28 billion yen ($295 million) in the year ending March 2010, compared with a May projection of 17 billion yen. The deficit would be the largest for the company, according to financial records stretching back to 1992. Cathay Pacific fell 3.6 percent to HK$11.74. The carrier said it was considering ripping out some premium-class seats and installing more economy seating as the recession forces companies to slash their travel budgets. “We’re going to have to make fundamental changes to our business” if premium and cargo demand doesn’t return, Tony Tyler , the airline’s chief executive officer, said in a Bloomberg TV interview today. To contact the reporter for this story: Shani Raja in Sydney at sraja4@bloomberg.net .

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Pandit Defies Schumer on Syracuse Loan as U.S. Flexes Shareholder Muscle

July 22, 2009

By Alison Fitzgerald July 22 (Bloomberg) — At the Bank of America Corp. office in Washington, employees are fielding as many as 10 calls a day from Capitol Hill, up from about two a year ago. Senator Charles Schumer telephoned Citigroup Inc

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