vehicles

Huffington Post…

When Renault-Nissan CEO Carlos Ghosn starts talking about electric cars, it’s easy to think at least one house on every block in America will have one in a decade or two. The CEO, who as recently as 2007 was angling to essentially take over General Motors, is almost over-confident about electric vehicles while his peers remain, at best, cautiously even-tempered about the future of EVs. Nissan’s big EV gambit so far is the Leaf, an EV hatchback that is meant to get about 100 miles on a charge, but for me, only got 80 miles when I tested it last year. Nissan sold just under 10,000 Leafs last year. “But that was only in nine states (including California),” notes Ghosn. “If we can’t double that this year as we expand production and distribution, then we don’t know what we are doing.” Ghosn said this to a gaggle of reporters in a roundtable interview at the North American International Auto Show this week. The eyes of EV critics and skeptics–and there are many–are on monthly sales of Leaf and the Chevy Volt extended-range EV. According to Ghosn, the company’s only problem selling Leafs is lack of production. “If we had had more, we’d have sold more.” he said. Leafs are built in Japan for now, as are the lithium-ion batteries used to propel them down the road. Supply was curtailed in 2011 by the effects of the earthquake and tsunami in Japan last March. But Nissan is moving production for both cars and batteries to its Tennessee facility by the end of this year, which will not only provide more supply but help with the cost since the strong Japanese yen is driving up the cost of building the Leaf in Japan. The acceptance of electric vehicles by consumers is still very much up in the air , so long as the price of regular gas stays between $3.20 and $3.75 per gallon. Another wild card is how many people will embrace EVs — unlike the Chevy Volt, they rely totally on electricity and the ability to conveniently re-charge. Ghosn says research on early Leaf buyers shows that the average daily driving distance of owners is about 20 miles, well under the range of the car. Ghosn also said that more than half the buyers have the Leaf as the household’s primary vehicle, not a secondary one. The logical question to be asking is what the ceiling is on committed “green” consumers and early adopters of new technology. For all the hype and popularity of the Toyota Prius, all hybrid sales account for less than 2% of the U.S. market. Prius dominates that portion, which means all other brands are still fighting for scraps in the pool of hybrid buyers. And unlike EVs, there are no limitations or fears of running out of power with a hybrid. Sales of hybrids have been tied to gas prices. And the U.S. government is allergic to the idea of boosting gas taxes to help pay for roads and bridges, let alone to help along the sales of EVs, hybrids and fuel efficient clean diesel vehicles. Ghosn is, above anyone else in the global auto industry, probably placing the biggest bet on EVs being a significant part of the world auto market by 2020. He says he believes they will represent 10% of world sales by then. That prediction hinges a lot on the adoption of EVs in Europe and China. How much is he betting? He says his companies have invested a combined four billion euros ($5.6 billion U.S. at the current exchange rate) into EV technology, with even more electric tech spending to come. Ghosn is clearly out to lead in a space that still makes many of his peers skittish . That makes him a bit of a gun-slinger in my eyes. His goal is to have Renault-Nissan become the worldwide leaders in the EV segment. Hard to knock a guy whose goal is to lead his industry in something besides profitability.

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David Kiley: Renault-Nissan CEO Angling To Lead Electric Vehicle Market

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Huffington Post…

DETROIT — General Motors, concerned about the image of its Chevrolet Volt, is offering free loaner vehicles to owners who are worried about the electric cars catching fire. The move comes after a government safety agency said on Friday that it is investigating fires involving the Volt’s lithium-ion battery packs following crash tests. Thus far, the Volt tests have not raised concerns about the safety of other electric cars, the agency has said. GM said on Monday that the vehicle is safe. But it will contact owners of the more than 5,000 Volts sold in North America since December 2010 to reassure them. It will also offer loaner cars to ensure that owners are satisfied and confident in their purchase. GM has not put a time limit on how long customers can keep the loaners, but said the offer is not a response to demands from customers. The National Highway Traffic Safety Administration said a Volt battery pack that was being monitored caught fire on Thursday, a week after it was hit in a side-impact crash test. The agency said another battery that was crash-tested recently gave off smoke and sparks. The latest fires are in addition to a battery fire at a test facility in Wisconsin back in June. The Volt, which can travel about 35 miles on electric power before a small gasoline generator kicks in to run the car, has helped Chevrolet’s public image, and GM is eager to protect that good will. The company has promoted the car extensively as a first step toward independence from foreign oil, and the Volt has helped counter a gas-guzzling image left over from years of GM selling mainly pickup trucks and inefficient sport utility vehicles. Mary Barra, GM’s senior vice president of product development, said both fires reported by NHTSA occurred seven days to three weeks after the crash tests, and could have been prevented if the battery charge had been drained as GM has called for in its post-crash procedures. She said only a few Volts have crashed on public roads. None have caught fire, nor have the battery packs been compromised. “We don’t think there’s an immediate fire risk,” said GM North American President Mark Reuss, who addressed the media in a conference call along with Barra. “This is a post-crash activity.” NHTSA wasn’t aware of the post-crash procedures at the time of the June fire, GM officials have said. In the U.S., GM is notified of any severe Volt crashes through its OnStar safety system, and it sends a team to the car within a day to drain the battery charge to prevent any fires. In the Volt’s system, Lithium-ion battery cells, which essentially are a single battery, are assembled into a pack of cells, and coolant is pumped between the cells to keep them from overheating. In the June fire at a test facility in Burlington, Wis., coolant leaked from the battery and crystallized, and that could have been a factor in the fire, GM has said. The fire came three weeks after a side-impact crash test and was severe enough to cause several other vehicles parked nearby to catch fire as well. Barra said that in all the Volt incidents, the battery cells were not involved in the fires, only the electronics within the battery pack. But she would not be more specific until NHTSA’s investigation is over. Reuss said GM won’t sell any Volts in other countries until it makes sure emergency responders, salvage yards and dealers have been trained to discharge the batteries after a severe crash. The Volt and Nissan’s Leaf, with a total of more than 8,000 cars on the road in the U.S., are among the first mass-marketed plug-in electric cars. They went on sale in the 2011 model year. Other automakers are also working on electric vehicles. The safety testing hasn’t raised concerns about electric vehicles other than the Volt, but NHTSA is asking manufacturers who have electric cars on the market, or who plan to introduce them, for more detailed information on battery testing. The agency also is asking for the companies’ procedures for discharging and handling batteries, including recommendations for reducing fire risks. Lithium-ion batteries, which are rechargeable, have been the subject of several recalls of consumer electronics. Millions of laptop batteries made by Sony Corp. for Apple Inc., Dell Inc., Lenovo Group Ltd. and other PC makers were recalled in 2006 and 2007 after it was discovered that they could overheat and ignite. The Federal Aviation Administration issued a warning to airlines about the potential for fires in cargo containing lithium-ion and non-rechargeable lithium metal batteries after a United Parcel Service plane crashed near Dubai last year, killing both pilots. The plane, which was on fire, was carrying thousands of lithium batteries. Incorrectly packaged, damaged or overheated batteries can catch fire, the FAA said. GM, Barra said, is confident that its batteries are stable and the chemistry is not a fire hazard. She said the company is working with NHTSA and an auto engineering trade association to develop standards for how to handle batteries after a crash. Responding to a question about whether GM should have caught the problem in its own testing, Barra said the battery pack was tested extensively following all known procedures before the car went on sale. It also won top safety ratings in testing by NHTSA and the Insurance Institute for Highway Safety, she said. Nissan’s Leaf has not had any fires after crash tests or on the road, company spokesman Brian Brockman said. The Leaf’s battery pack is air-cooled and differs from the Volt’s in other ways. GM will not change its marketing plan for the Volt, which has been extensively advertised on television and has helped the Chevrolet brand attract customers, said Joel Ewanick, the company’s global marketing chief. People who are aware of the Volt are 60 percent more likely to consider buying a Chevrolet, he said. GM’s Reuss, a former top engineer for the company, said he is sure the Volt is safe. “My daughter drives this car every day with two kids in it,” he said. “She continues to drive it.”

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GM To Offer Chevy Volt Owners Free Loaner Cars Amid Fire Concerns

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Toyota Recalls Over Half A Million Vehicles For Possible Steering Problems

November 9, 2011

TOKYO — Toyota Motor Corp. said Wednesday it is recalling about 550,000 vehicles worldwide – mostly in the United States – for problems that could make it harder to steer. The recall affects 447,000 vehicles in North America, as well as 38,000 in Japan and another 25,000 in Australia and New Zealand, said Toyota spokesman Dion Corbett. In Europe some 14,000 vehicles are being recalled along with 10,000 in the Middle East and 14,000 in Asia outside Japan. There have been no reports of accidents or injuries related to the problems, Corbett said. Toyota’s reputation has taken a hit over the last two years due to a string of huge recalls that have ballooned to 14 million vehicles over that time, including millions recalled last year for acceleration problems. It faces damage lawsuits and lingering doubts in the U.S. about whether it had been transparent enough about the recall woes. Japan’s largest automaker has been trying to communicate better with customers and empower regional operations outside Japan to make safety decisions. The news comes a day after Toyota said its July-September profit slid 18.5 percent to 80.4 billion yen ($1 billion) on plunging sales caused by parts shortages from the tsunami disaster in northeastern Japan. It now faces such uncertainties from flooding in Thailand, where it has many suppliers and three assembly plants, that it declined to release an earnings forecast for the full year through March. The latest recall is due to the possibility that the outer ring of the engine’s crankshaft pulley may become misaligned with the inner ring, causing noise or a warning signal to light up, the company’s U.S. sales unit said in a press release. If the problem isn’t corrected, the belt for the power steering pump may become detached from the pulley, making it suddenly more difficult to turn the driving wheel. In the United States, the automaker is recalling 283,200 Toyota brand cars, including the 2004 and 2005 Camry, Highlander, Sienna and Solara, the 2004 Avalon and the 2006 Highlander HV. Its recall of 137,000 Lexus vehicles includes the 2004 and 2005 ES330 and RX330 and 2006 RX400h. The recall notification process varies from country to country. In the U.S., Toyota will mail owners a notification to make an appointment with an authorized dealer to have their car inspected once replacement parts have been produced in sufficient quantities. If needed, parts will be replaced for no charge, the company’s American sales unit said. Notifications will be mailed starting in January. In the meantime, if an abnormal noise is heard coming from the engine compartment, the owner is asked to make an appointment with any Toyota or Lexus dealer to have the vehicle inspected for this condition, the release said.

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Software Maker To Lay Off Hundreds As Part Of Restructuring Plan

November 8, 2011

Adobe Systems Inc plans to lay off 750 positions and take a charge of up to $94 million as part of a restructuring to re-focus the company on digital media and marketing. Shares in the design software maker, which is updating its suite of products to keep pace with new trends and moving to support the increasingly popular HTML5 programing language, fell almost 7 percent in after-hours trade. Adobe said in a statement on Tuesday it expects to record pre-tax charges of $87 million to $94 million for consolidation and severance, of which $73 million to $78 million would be booked in the fiscal quarter ending December 2. Adobe said it was sticking with previous estimates for the fourth quarter for both revenue and earnings excluding items. In September, Adobe projected revenue of $1.075 billion to $1.125 billion, and earnings excluding items of 57 cents to 64 cents a share, on a non-GAAP basis. Shares in Adobe slid to $28.30 in extended trading, from a close of $30.42 on the Nasdaq. (Reporting by Edwin Chan; editing by Carol Bishopric) Copyright 2011 Thomson Reuters. Click for Restrictions .

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GM To Invest $2 Billion in U.S. Plants, Adding 4,000 Jobs

May 11, 2011

General Motors Co. plans to invest about $2 billion in U.S. assembly and component plants, creating or preserving more than 4,000 jobs at 17 facilities in eight states. “We are doing this because we are confident about demand for our vehicles and the economy,” GM chairman and CEO Dan Akerson said during an event at the 54-year-old Toledo (OH) Transmission Plant. “This new investment is on top of $3.4 billion and more than 9,000 jobs that GM has…

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GM Makes Big Investment In U.S. Plants

May 10, 2011

(Bernie Woodall) – General Motors Co said on Tuesday it will invest about $2 billion in 17 U.S. plants, including a facility here that makes transmissions for small cars, as the automaker shifts from recovery mode to investing in future products. GM said the plans will create or preserve more than 4,000 jobs as it retools the plants in eight states. The company employs 202,000 people globally, including 77,000 in the United States. “We are doing this because we are confident about demand for our vehicles and the economy,” GM Chief Executive Daniel Akerson said in a statement. Investors and analysts have speculated on GM’s plans for its growing pile of cash as the company’s liquidity has reached $36.5 billion. It earned $3.2 billion in the first quarter after posting net income of $4.7 billion for all of last year, its first full-year profit since 2004. GM did not disclose the timeline for the investments or in what other facilities it will invest other than to say more announcements will be made “over the next few months.” Executives previously signaled GM’s focus on building cars would only grow, as shown by last week’s announcement to invest $131 million revamping a Kentucky factory for a new version of the iconic Chevrolet Corvette sports car. The Kentucky announcement is part of the $2 billion plan. Another key issue as GM adds jobs is how many will be in the so-called second-tier wages that are about half those of veteran union-represented employees. The lower wage will figure prominently as major U.S. automakers face labor talks with the United Auto Workers this summer. GM filed for bankruptcy in 2009 after the U.S. housing downturn and a spike in gasoline prices the year before that caused consumers to turn away from its high-profit but fuel-hungry trucks. The U.S. automaker emerged from bankruptcy 40 days later thanks to a $52 billion taxpayer-funded bailout and sold shares in an initial public offering last November. Since exiting bankruptcy, GM said it has invested $3.4 billion in its U.S. plants, creating or retaining more than 9,000 jobs. The investment is not a surprise and by delaying the details of the specific plants affected GM maximizes the attention it will receive as it works to assure taxpayers the bailout was money well-spent, said Mirko Mikelic, senior portfolio manager with Fifth Third Asset Management. “They probably underinvested in some of these plants for the last few years,” said Mikelic, whose firm has held GM bonds and preferred securities in the past and still follows the stock. “They were keeping a handle on their cash. For years, in terms of R&D, they’ve been behind particularly Toyota.” The U.S. government still owns 32 percent of GM’s common shares and many investors see that as an overhang on the stock. Last month, sources said the Treasury could sell a significant portion of its GM shares by fall. GM shares were up 0.4 percent at $31.51 on Tuesday afternoon, compared with their IPO price last November of $33. (Additional reporting by Ben Klayman in Detroit, editing by Matthew Lewis) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Gulf Officials Spend Millions Of BP’s Money On Items Unrelated To Oil Spill

April 11, 2011

NEW ORLEANS — In the year since the Gulf oil spill, officials along the coast have gone on a spending spree with BP money, dropping tens of millions of dollars on gadgets, vehicles and gear – much of which had little to do with the cleanup, an Associated Press investigation shows. The oil giant opened its checkbook while the crisis was still unfolding last spring and poured hundreds of millions of dollars into Gulf Coast communities with few strings attached. In sleepy Ocean Springs, Miss., reserve police officers got Tasers. The sewer department in nearby Gulfport bought a $300,000 vacuum truck that never sucked up a drop of oil. Biloxi, Miss., bought a dozen SUVS. A parish president in Louisiana got herself a top-of-the-line iPad, her spokesman a $3,100 laptop. And a county in Florida spent $560,000 on rock concerts to promote its oil-free beaches. In every case, communities said the new, more powerful equipment was needed to deal at least indirectly with the spill. In many cases, though, the connection between the spill and the expenditures was remote, and lots of money wound up in cities and towns little touched by the goo that washed up on shore, the AP found in records requested from more than 150 communities and dozens of interviews. Florida’s tourism agency sent chunks of a $32 million BP grant as far away as Miami-Dade and Broward counties on the state’s east coast, which never saw oil from the disaster. Some officials also lavished campaign donors and others with lucrative contracts. A Florida county commissioner’s girlfriend, for instance, opened up a public relations firm a few weeks after the spill and soon landed more than $14,000 of the tiny county’s $236,000 cut of BP cash for a month’s work. The April 20 explosion on the Deepwater Horizon rig in the Gulf of Mexico killed 11 workers and spawned the nation’s worst offshore oil spill. As BP spent months trying to cap the well and contain the spill, cities and towns along the coast from Louisiana to Florida worried about the toll on their economies – primarily tourism and the fishing industry – as well as the environmental impact. All told, BP PLC says it has paid state and local governments more than $754 million as of March 31, and has reimbursed the federal government for another $694 million. BP set few conditions on how states could use the money, stating only that it should go to mitigate the effects of the spill. The contracts require states to provide the company with at least an annual report on how the money has been used, BP spokeswoman Hejdi Feick said. But it’s unclear what consequences, if any, the states could face if they didn’t comply. Some of the money BP doled out to states and municipalities hasn’t been spent yet, but the AP’s review accounts for more than $550 million of it. More than $400 million went toward clear needs like corralling the oil, propping up tourism and covering overtime. Much of the remaining chunk consists of equally justifiable expenses, but it’s also riddled with millions of dollars’ worth of contracts and purchases with no clear connection to the spill, the AP found. William Walker, executive director of the Mississippi Department of Marine Resources, said it’s clear now that communities bought more equipment than they wound up needing. But he doesn’t regret handing out BP’s money freely. “At the time we were making these decisions, there were millions of gallons of oil going into the Gulf of Mexico with no clear idea when it would stop,” Walker said. “We didn’t wait. We tried to get (grant money) into circulation as quickly as possible. We didn’t have any extra time. We needed to move when we moved.” ___ When oil from the ruptured Macondo well began to lap at Louisiana’s marshes, BP deployed an army of workers to sop it up and hired contractors who specialize in disaster cleanup. Even with BP and the federal government taking the lead, many communities weren’t content to rely on equipment they had before the spill. Lafourche (luh-FOOSH’) Parish President Charlotte Randolph billed BP for an iPad, saying she needed it in addition to her parish-paid Blackberry to communicate with staff and other officials during the crisis. But she didn’t buy the iPad until Aug. 26, a month and a half after the well was capped and several weeks after the federal government said much of the oil had been skimmed, burned off, dispersed or dissolved. “Just because it wasn’t streaming from the well any longer doesn’t mean it wasn’t approaching our shore,” Randolph told the AP. “My work is very important. Perhaps one day you could follow me somewhere and learn what my work involves. I must be in contact at all times.” Lafourche Parish spokesman Brennan Matherne, who bought a new Dell laptop and accessories for $3,165, said working on the spill had worn out the computer he got just a year earlier for $2,700. Biloxi, home to a strip of casinos overlooking the Mississippi Sound, bought 14 sport utility vehicles and pickup trucks, two boats, two dump trucks and a backhoe loader with its $1.4 million share of BP grant money. Mayor A.J. Holloway, who drove a city-owned 2006 GMC Yukon before the spill, now has one of the vehicles the city purchased with the BP grant – a black 2011 Chevy Tahoe 1500 LT that cost more than $35,000. The city’s public works director and chief engineer also are driving SUVs bought with BP money. Holloway declined to answer questions about his new vehicle. City spokesman Vincent Creel said the mayor has used it to travel to “countless meetings” about the spill and to gauge the city’s response with his own eyes. “The mayor also uses the vehicle in the normal course of his duties, just as other BP equipment is used in the course of day-to-day business,” Creel wrote in an email. Walker, the state official, said he didn’t know about the mayor’s use of the vehicle but doesn’t object. Some Mississippi communities took a conservative approach in using their share of the money. Bay St. Louis received $382,461 to buy safety vests, street barricades, radios and other gear, but decided against buying a vacuum truck or other expensive equipment. City Clerk David Kolf said local officials trusted BP’s word it would handle all the cleanup, so they didn’t see a need to buy a “bunch of new toys.” “They had a lot of heavy equipment already staged here,” he said. “We don’t have the training. We don’t have the personnel.” ___ Florida, Louisiana, Mississippi and Alabama each got an initial $25 million from BP, followed by the array of payments for tourism marketing, seafood monitoring and cleanup programs. More than $300,000 of BP money went to Kenny Loggins, the Doobie Brothers and Lynyrd Skynyrd for a pair of rock shows to promote the state’s oil-free beaches; BP shelled out another $260,000 in concert-related costs. In Alabama, the state Emergency Management Agency distributed $30 million to local governments without rejecting a single request. Mississippi gave money to 14 counties and cities along the coast, which was dotted with tar balls but never saw the heavy bands of oil that choked south Louisiana’s marshlands. In early August, after the well was capped and the oil threat seemed to abate, the state instructed counties and cities to stop spending BP’s money without prior approval from state officials. “We were trying to make the change from protection to restoration and recovery, and that’s where we are now,” Walker said. Louisiana doled out its initial $25 million to state agencies, including $10 million for the attorney general’s office to devise its legal case against BP and the companies involved in the spill. State agencies spent nearly $9 million more on equipment, including boats, air monitoring units, mobile radios and life vests. Local government leaders in Louisiana were left to lodge their requests for money directly with BP. Gov. Bobby Jindal’s top budget adviser, Paul Rainwater, said the state’s deal with BP specified that the money Louisiana got wasn’t meant to replace anything that was supposed to go to the parishes. Blue-collar Plaquemines Parish, which has absorbed some of the spill’s worst environmental damage, has received slightly more than $1 million in BP money, of which $998,405 went to cover oil-related overtime and other payroll expenses. “I didn’t run up bills. I treated their money like I treated our own,” said Plaquemines Parish President Billy Nungesser, an outspoken critic of BP and the federal government’s response to the spill. “Maybe down the road I’ll look and say we should have stockpiled.” ___ When BP was heavily under attack from the top down for its response to the rapidly growing environmental disaster, the company started throwing huge sums of money at the problems it had in the water and on land. Cutting checks to governments along the coast addressed both issues, even if it meant waiting until later to figure out details like how officials would have to account for the cash. “We recognized the importance of getting funding to the states, parishes and counties quickly, and therefore provided advance funding to help kick start their emergency response,” Feick, the BP spokeswoman, said in an email. The payments to governments gave BP the kind of good PR it desperately needed, said Daniel Keeney, president of a Dallas-based public relations firm. By giving money to communities and allowing them to spend it largely as they saw fit, BP also put a buffer between itself and any questionable spending. “Whether the funds could be perceived as being wasted or not really reflects on the organization accepting the money rather than BP,” Keeney said. Louis Skrmetta, one of the tens of thousands of business owners and individuals still waiting to get a share of a $20 billion claims fund established by BP, finds the state and local governments’ spending galling, even if it’s almost all BP’s money. Skrmetta runs a three-boat fleet that has a contract with the National Park Service to ferry day trippers to Ship Island, a recreation area about 10 miles offshore from Gulfport, Miss. He can’t understand why BP paid so much to governments while businesses were suffering. “I didn’t think there was much logic in it,” Skrmetta said. “Now, looking back in retrospect, it was a way to win over politicians, a way to win over the media.” In February, BP asked Louisiana parishes that received up to $1 million in advance payments in May for a detailed summary of how that money has been spent. Parishes were warned they must exhaust the advance money before they can make any new claims. Some parishes, however, have banked that money and already billed BP for expenses on top of it. Terrebonne Parish says it hasn’t spent any of its $1 million advance, yet BP has paid it an additional $927,842, mostly for contractors and payroll costs. Parish President Michel Claudet said he isn’t concerned that BP will try to recover unspent advance money. “The agreement from the beginning was that it was nonrefundable,” he said. ___ The oil spill drove away tourists and sapped tax revenues, but it was a boon for private contractors and consultants. Governments have spent more than $19 million of BP’s money to hire contractors, according to the AP’s review. The Louisiana attorney general’s office has spent $4 million and counting of BP’s money to hire outside lawyers and accountants to help piece together litigation against the company. Five of the seven law firms hired and their attorneys have poured more than $80,000 total into Attorney General Buddy Caldwell’s campaign coffers in recent years. Amber Davis, who lives with Gulf County, Fla., Commissioner Bill Williams, incorporated Statecraft LLC less than a month after oil began streaming into the Gulf. Three months later, Statecraft won a monthlong, $14,468 contract to perform public information and government liaison work for the county of about 15,000 people. Davis, who has worked in marketing and community relations, said she had planned to form her company before the spill. She also had volunteered for the county’s emergency operations center for three months before she was given the contract. “There is a perception of a conflict of interest in just about anything that anybody does,” Davis said. “I guess my statement to that was that I volunteered anywhere from 15 to 18 hours a day for three months and never received a penny.” Williams said he consulted the county attorney and an ethics commission, and neither saw a problem with awarding the contract to Davis. Gulf County awarded an identical one-month, $14,468 contract – this one for monitoring beach pollution – to Florida Eco Services, a company founded days after the rig explosion by Patrick Farrell, whose wife is on the board of the local Chamber of Commerce. Farrell says he has a background in managing and maintaining properties, as well as beach restoration. County Attorney Jeremy Novak, who also is an attorney for Florida Eco Services, said it was a matter of giving business to locals rather than out-of-state contractors. “It sounds like a bias, and it is, but I’m glad people in Gulf County got work and actually had the ability to feed their families,” Novak said. “I don’t see it as profiteering. I see it as obviously doing what you can because what you’re doing for a living isn’t available to you.” ___ Local authorities could have taken even fuller advantage of BP’s largesse had the company or state officials not nixed some requests that had no clear connection to the oil. Police in D’Iberville, Miss., for instance, were denied a $245,000 mobile command unit, a $140,000 hazardous materials vehicle and a $19,000 Harley-Davidson. “If we had to establish barricades, they thought it would be more maneuverable,” City Manager Michael Janus said of the motorcycle. “It was a bit of a reach, obviously.” Although BP footed the bill for other pricey acquisitions, some officials concede they may have to use taxpayer money to maintain them. The Louisiana Department of Wildlife and Fisheries spent $5 million for 22 boats and the accompanying trawls, nets and hauling vehicles. “Nobody asked me for a space shuttle or anything,” said Wildlife and Fisheries Secretary Robert Barham. BP money will cover the costs of maintaining the vessels, leasing dock space and buying fuel for at least three years, he said. Whether taxpayers will be forced to pick up these costs after that hasn’t been decided. “They don’t run for free,” Barham said. ___ Schneider reported from Orlando, Fla. Deslatte reported from Baton Rouge, La. AP videojournalist Jason Bronis in Gulfport, Miss., and Associated Press writers Holbrook Mohr in Jackson, Miss., Brian Skoloff in Ocean Springs, Miss., and Harry Weber and Troy Thibodeaux in New Orleans contributed to this report.

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Mazda Recall Caused By Wandering Spiders

March 3, 2011

WASHINGTON — Mazda has some creepy crawly culprits in its new safety recall – spiders. After discovering spider webs in the vents, the Japanese automaker is recalling more than 50,000 Mazda6 cars from the 2009-2010 model years in the United States and an additional 15,000 vehicles in Canada, Mexico and Puerto Rico. The company said Thursday a spider could weave a web in a vent connected to the fuel tank system and clog up the tank’s ventilation. Pressure on the fuel tank could lead to a crack, causing fuel leakage and the risk of a fire. Mazda said it was unaware of any fires, injuries or crashes in the vehicles. Mazda spokesman Jeremy Barnes said dealers had identified 20 cases in which spider webs were found in the vents. The webs were linked to yellow sac spiders, Barnes said, but it was unclear why they were crawling into the Mazda6 rather than other vehicles. Adding to the mystery, Barnes said the arachnoid attraction to the sporty cars – which the company has marketed with its “zoom-zoom” tagline – had no specific connection to a particular region of North America. “Perhaps yellow sac spiders like to go zoom-zoom?” Barnes quipped. The recall involves vehicles with V4 engines built from April 2008 to February 2010. Owners will be notified by mid-March and told to take their vehicles to dealers for inspection and repairs. Dealers will inspect and clean up the vent line and install a spring to prevent a spider from entering the vent line. Customers can call Mazda at (800) 222-5500.

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How Clean Is Obama’s Clean Energy Standard?

January 26, 2011

NEW YORK — President Obama wants 80 percent of the nation’s electricity to come from clean energy sources by 2035. Achieving this, he says, will take a mix of solar, wind, nuclear, and even fossil fuels like natural gas and coal. It may also take a liberal definition of “clean.” Obama’s plan is to force the generation of electricity from coal and natural gas, which together account for 70 percent of the nation’s fuel mix, to get cleaner. At the same time the government would spur the growth of nuclear power and renewables like wind and solar. The president also pointed to biofuels as a way to “break our dependence on oil” and predicted the country would have one million electric vehicles on the road by 2015. But what exactly will be considered clean or dirty is not yet known. The answers will depend on whether the concern is greenhouse gases like carbon dioxide or hazardous chemicals like mercury and sulfur dioxide, or, most likely, some combination of both. It will also depend on whether the environmental hazards caused by mining coal or uranium, drilling for gas or plowing new fields to grow biofuel crops will be considered along with the hazards of burning them for power. How “clean” is ultimately defined by the administration and congress will determine how the nation’s energy mix changes over the coming decades – if at all. The White House says the U.S. now gets 40 percent of its electricity from the sources it considers clean. Obama’s vision calls for increasing amounts of clean power to be added to the nation’s energy mix over the next quarter century. His “clean energy standard” differs from renewable energy standards adopted by many states by making room for nuclear power and fossil fuels like coal and natural gas. Under the plan, nuclear and renewable sources would count toward federal clean energy requirements while what Obama calls “efficient natural gas” and “clean coal” would get partial credit toward the requirements. “If your objective is to minimize emissions of greenhouse gases or emissions of other pollutants, a clean energy standard makes more sense than a renewable energy standard,” says Hugh Wynne, an analyst at Sanford C. Bernstein & Co. “You are focused on an objective as opposed to pushing one solution.” The standard could lead to what Christine Tezak, an energy policy analyst at RW Baird, calls a “significant shift” in the nation’s energy portfolio. Here’s what Obama’s plan could mean for today’s energy sources: _Coal Coal accounts for 45 percent of the nation’s electricity generation – but 81 percent of the carbon dioxide emissions and 94 percent of the emissions of sulfur dioxide. To meet the President’s goal, conventional coal generation must be cut by more than half. Some companies aim to capture carbon dioxide and storing it underground, but this so-called clean coal technology is proving extremely difficult and expensive to do on a large scale. The cost of a pilot plant being built in Indiana by Duke Energy has risen to $3 billion from $2 billion since it was proposed in 2007. _Natural Gas Burning natural gas produces about half of the carbon dioxide of coal, and almost none of the hazardous chemicals. It is also now plentiful in the United States, as a result of new drilling techniques and discoveries. Those drilling techniques are raising some environmental concerns, but given its availability and cost, natural gas power will almost certainly grow from its 23 percent share of today’s mix. _Nuclear The nation’s 104 nuclear reactors provide about 20 percent of the nation’s electricity, and at extremely low cost. Generating nuclear power produces no carbon dioxide. But mining for uranium does, and there is still no long-term plan for storing the radioactive waste produced by a nuclear reactor. And the cost of a new reactor is prohibitive. Even companies in line for federal loan guarantees to build one are shying away because of the cost. New nuclear plants could more viable if Obama’s clean energy standard forces utilities to use power that doesn’t emit carbon dioxide. _Wind and Solar Wind energy produces about 2 percent of the nation’s power. With current subsidies, wind can compete with conventional electricity when electricity prices are high. But electricity prices have fallen because natural gas prices have dropped. This has badly stunted the growth of the wind industry. Solar, while even more expensive than wind, is still growing rapidly with the help of state subsidies. But it currently produces less than 1 percent of the nation’s electricity. A clean energy standard would give both wind and solar a big push forward. Though a renewable energy standard would have done more. _Biofuels The federal government is already backing biofuels three ways. It offers tax credits, it mandates that refiners use a growing amount of it, and it bars imports. Corn ethanol is now nearly 10 percent of the nation’s fuel mix and has reduced gasoline demand. But environmentalists and policymakers say it produces more greenhouse gases than gasoline. The biofuels industry hasn’t been able to produce so-called advanced biofuels, which come from non-food sources and produce fewer greenhouse gases, despite federal mandates to do so. Obama said he wants to increase investment in clean energy technologies by one third next year. Advanced biofuels could benefit from research and development help. _Electric Vehicles To reach Obama’s goal of 1 million electric vehicles on the road by 2015, automakers would have to sell 200,000 of them per year between now and then, about 2 percent of annual new vehicle sales. JD Power and Associates predicts sales of fully electric vehicles will be just half that level by 2020. The goal makes more sense if the president includes hybrid vehicles, which can be plugged in and run for short distances on electric power.

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GM Expands Recall Of 2011 Models

January 16, 2011

NEW YORK — General Motors is expanding an earlier recall of some 2011 model-year trucks and SUVs to fix a problem that could cause the vehicles’ rear axles to lock. The recall, originally announced in December, now covers 26,751 Cadillac, Chevrolet and GMC trucks and SUVs. The models affected are: Cadillac Escalade, Escalade ESV, Cadillac EXT, Chevrolet Avalanche, Colorado, Silverado, Suburban, Tahoe; and GMC Canyon, Sierra, Yukon and Yukon XL. GM said rear-axle cross pins, used to hold the axle in place, weren’t properly heat-treated and may not be durable. They can fracture, interfere with the axle and cause it to lock. The driver could then lose control of the vehicle. One customer has reported a loss of power to the axle, GM says. But no crashes have been reported. GM says owners of the vehicles are being contacted and urged against driving the trucks until the axle pin is replaced. The December recall for this same issue covered 1,262 trucks and SUVs. But the company has since discovered that more vehicles were built with the faulty axle pin. In addition, the earlier recall didn’t include the Chevrolet Colorado and GMC Canyon midsize trucks. A GM spokesman said Saturday that the company is confident all the faulty parts have now been discovered.

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Ford Investing More Than Half A Billion In Kentucky Plant

December 10, 2010

DETROIT (Reuters) – Ford Motor Co will invest $600 million to overhaul a Kentucky plant to make the next generation of its Escape small SUV, in a sign of the gradual recovery for the U.S. auto industry from its near collapse in 2009. Ford said on Thursday construction on the plant in Louisville would begin this month and include a new body shop. The plant, scheduled to reopen in late 2011, will add 1,800 autoworkers for a total workforce of about 2,900 working two shifts. Ford said it would give a peak at what the next-generation Escape will look like at the Detroit auto show in January. State and local governments have committed as much as $240 million in tax incentives over the next 10 years, mostly for the Louisville plant, Ford said. Once the plant’s second-shift workers are added, Ford will have almost 6,600 employees in Kentucky, said Mark Fields, who heads operations in North America and South America. Ford says the overhauled plant will be the automaker’s most flexible and will be able to build up to six different models at the same time. Jim Tetreault, Ford’s vice present for North American manufacturing, said the new Escape is only the first vehicle to be announced for manufacture at the Louisville plant. “We are building in the flexibility to produce other vehicles at the plant in the future, depending upon volume requirements, customer preferences and other factors that affect vehicle demand,” he said. Aaron Bragman, an analyst with IHS Automotive, said the Louisville plant and its ability to build cars on the same underpinnings used to make the Focus small car will give Ford flexibility to shift production between plants as demand and other factors dictate. Ford said the plant’s workers will come from three sources: transferred workers from other Ford plants, activating laid-off workers and hiring. It did not say how many workers are expected from each category. Marcey Evans, a Ford spokeswoman, said the need for more workers at the Louisville facility is expected to lead to about 1,000 new hires at its U.S. plants. Some workers will want to transfer to Louisville and the jobs they vacate will have to be filled. The new hires will make about $14.50 per hour, roughly half as much as most veteran hourly workers represented by the United Auto Workers union. The lower wage was negotiated in 2007 between U.S. automakers and the UAW. The last Explorer made in Louisville will roll off the line at the 55-year-old plant next Thursday and construction will begin, said Evans. About 200 Louisville plant workers, mainly skilled laborers, will work to gut the plant and assist in its overhaul. That will leave about 900 workers laid off from next week until sometime next fall when training begins on assembling the new Escape, Evans said. Laid-off Louisville workers will gross about 95 percent of their current take-home pay from unemployment benefits and Ford supplemental pay. KANSAS CITY PLANT Ford’s plant near Kansas City, Missouri currently builds the Escape and will continue to do so until the next-generation Escape production begins at Louisville, Evans said. The Missouri plant will get a new product based on a truck platform, but Evans would not say which vehicle might be assembled there. The Missouri plant now has three shifts of workers on the line that builds the Escape and one shift on the line that builds the best-selling F-150 pickup truck. The plant near Kansas City employees about 3,700. (Reporting by Bernie Woodall; editing by Lisa Von Ahn, Matthew Lewis, John Wallace and Andre Grenon)

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Nissan Recalling More Than 600K Vehicles

November 11, 2010

DETROIT — Nissan Motor Co. is recalling more than 600,000 vehicles in North and South America and Africa due to steering or battery cable problems. The Japanese automaker said Thursday that the steering recall affects 303,000 Frontier pickup trucks and 283,000 Xterra sport utility vehicles in the U.S., Canada, Mexico, Argentina, Brazil and other Latin American countries. Nissan said a corrosion problem with the lower steering column joint and shaft can limit steering movement, making the vehicles difficult to steer. In some cases the corrosion can cause the joint to crack. Nissan also is recalling 18,500 Sentra sedans because of a battery cable terminal connector problem that can make the cars difficult to start or stall at low speeds. The company says no injuries or accidents have been reported because of either issue. The Frontiers covered by the recall are from the 2002 through 2004 model years and were made from July 9, 2001, to Oct. 20, 2004, in Smyrna, Tenn., for the North American market, Nissan said in a statement. Frontiers made from Nov. 30, 2001, to June 26, 2008, in Curitiba, Brazil, for South and Central American markets also are in the recall. The 2002-2004 North American Xterras in the recall were made from July 9, 2001, to Jan. 6, 2005, also at the Smyrna plant. Xterras made from Feb. 17, 2003, to June 13, 2008, in Curitiba, Brazil, for South and Central American markets also are affected. Nissan also said it will replace the positive battery cable terminal on affected Sentras. The vehicles were built at the Aguascalientes, Mexico, plant from May 22, 2010 to July 8, 2010. The automaker said it will notify owners in early December when parts are available, and dealers will fix the problem at no cost to the owners. Nissan said the steering problem was discovered from cases in Brazil and Canada, and there have been no field reports in the U.S. “The isolated field reports from Brazil and Canada are likely related to some unique environmental conditions not commonly present in other areas, combined with a greater percentage of off-pavement usage,” Nissan spokesman Colin Price said in an e-mail. “Nevertheless, out of an abundance of caution, we have decided that field action is appropriate in all the potentially affected markets.” About 240,000 Frontiers, 261,000 Xterras and 14,000 Sentras are affected in the U.S.

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David Isenberg: KBR to Contractors: Yours Is Not Question Why, Yours is But to Do or Die

November 11, 2010

It is once again time to look at KBR’s legal battles. Today we take a look at the case of Reggie Lane in the Fisher, Lane v. Halliburton, KBR litigation . You can find relevant documents at the website of Fibich, Hampton & Leebron, L.L.P, which is one of the law firms representing Mr. Lane. See here . This is a case which has been cited in many other law suits, mainly because the courts have seen fit not to dismiss the suit, thus weakening the traditional contractor defense, i.e., the “political questions” doctrine. That doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of Congress or the confines of the executive branch.” That has traditionally been taken to mean that issues stemming from the battlefield are supposedly outside the court’s jurisdiction. But in recent times courts have decided it is within their mandate. KBR lost several pretrial attempts to dispose of the Fisher, Lane v. Halliburton case (the most recent in March 2010). Rather than go to trial, KBR has appealed all of its rejected defenses to the Fifth Circuit. According to Joe Melugin, an attorney at Fibich, Hampton & Leebron, who has worked closely with lead counsel T. Scott Allen, Jr., of Houston, Texas, the brief was filed with the Fifth Circuit on Oct. 27, 2010. On November 9 the Court made its redacted version publicly available. What follows are some excerpts from the brief. According to Melugin, “The attached brief and record excerpts bring together (perhaps better than any previously filed publicly available documents) the facts, evidence and testimony which clearly show that KBR and its managers were fully aware that they were sending our clients to their deaths and they did it anyway.” As this is a pretrial appeal, many facts are in dispute. However, two vital facts are no longer disputed: (1) KBR had the unilateral authority to stop its drivers from participating in convoys and was not subject to the once-alleged “plenary control” of the military, 1 and (2) KBR managers unanimously expected April 9, 2004 to be the single worst day of attacks on civilian convoy drivers. KBR claimed to be subject to the Army’s plenary control. However, Judge Miller determined the evidence proves otherwise. R 2185 (“[KBR] argue[s] that they were under the plenary control of the Army, that the convoys went out according to strict protocols, and that they did not have the authority to refuse to send a convoy. However, this argument finds support in neither the terms of the LOGCAP contract itself, nor the practice of the parties at the time.”). KBR even conceded this fact in the final hearing prior to Judge Miller’s February 8, 2010 order. R 2161. This concession marked a departure from KBR’s previous claims to this Court. Lane v. Halliburton, 529 F.3d 548, 561 n.5 (5th Cir. 2008). Given the following material it is understandable why KBR tried so hard to keep this brief under seal. Reading it one can only think of the phrase “depraved indifference” when reading how KBR exposed its drivers to fatal danger. Once upon a time it appears that KBR actually took seriously keeping its contractors safe. KBR assembles a team of Security Professionals In 2003, George Seagle became KBR’s top Security person in the mideast. Seagle led KBR’s _____ All Security personnel would report to Seagle, who reported to Chief Operating Officer Tom Crum. Seagle and his Security Department warned the company of the deadly consequences of sending the truck drivers out on the road the day they died. LOGCAP Operations came under the authority of KBR’s Program General Manager (“PGM”). The 2003 PGM, John Downey, took safety seriously. He authorized every employee in the company to call a halt to any activity that the employee believed to be unsafe: The LOGCAP Safety Philosophy is simple . . . There is not one thing that we do that is worth injury to an employee. Each of you has my personal authority to stop any activity, which you believe to be unsafe. This memo became company dogma. KBR provided copies and read it to all orientation attendees. However, in February 2004, KBR replaced John Downey as Program General Manager with recently retired Army General Craig Peterson. Although Peterson paid lip service to the safety philosophy ,under his authority KBR practiced an irreconcilably different philosophy: “if the military pushes we push.” Indeed, KBR pushed very hard. Early April 2004 saw the worst fighting since the invasion. On April 1, KBR’s COO ordered Craig Peterson to heed the views of the Security Department: But Peterson and his subordinate Keith Richard had different ideas. On April 2, Security’s Rex Williams issued a “Threat Update Document.” It noted more sophisticated attacks on convoys and an expected surge of violence for the coming weekend: Good Friday (April 9) through Easter Sunday. It included a map and two KBR security calendars. One calendar highlighted (in red) that April 9, 2004 marked the first anniversary of the American liberation/occupation of Baghdad and warned of for April 9. The other calendar highlighted Easter weekend as coinciding with Arabeen, a Shia holy period. On April 4, Security’s Ray Simpson wrote to Peterson’s underling Keith Richard (and others) to propose “holding back on moving convoys,” while passing along the concerns of another security coordinator, who described coordinated attacks in Baghdad. Richard copied Peterson to the discussion and sought advice from security manager John Stewart. Stewart replied to all, “Right now our vehicles don’t need to be out there.” Meanwhile, Rex Williams reported that attacks in the Baghdad area for the week ending April 3 had climbed by 50% over the previous week. On April 5, Security tried to stop all drivers from going out. Security’s Ray Simpson ordered that there would be “no convoy movement,” based on the direction of KBR TTM Security Director Joe Brown. But Keith Richard vetoed Security’s order: “This is not a decision Joe or I can make. Only Craig Peterson or Ray Rodon can make this decision.” Brown (with added support from the LOGCAP Security Manager) re-urged his warning, “It is not safe enough for us to move.” But Richard spat back that he – not Security – was in charge: Additionally, Iraq Security Manager John Jones highlighted earlier warnings to Peterson and Richard regarding April 9 before advising, “On the 9th and 10th there will be no travel.” By Wednesday, April 7, it seemed Security was being completely ignored. Regardless, Security’s Joe Brown continued to reiterate the warnings about April 9 and 10. Meanwhile, Keith Richard exchanged emails with a friend back home. Responding to a question about his location, and showing his state of mind, Richard wrote: In the damn war zone. One of my convoy’s was hit with 14 mortars, 6 RPG’s, 5 IED’s and small arms fire. It was a basic ambush. Amazingly no one was injured or killed. Richard announced he was having a hard time “consciously sending [drivers] out in the line of fire.” But Richard followed instructions and “[he had] been given instructions to keep pushing.” Meanwhile, Peterson prepared his superiors: “The rest of this week and next week will be very difficult as there is a national holiday and a regional pilgrimage combined.” Skipping ahead to April 9, 2004, after numerous attacks against KBR convoys had occurred, we have this: By 10:05 a.m., word spread about the attack on Reedel’s convoy. Joe Daniel reported to Keith Richard that Reedel would secure at BIAP and KBR’s 10:00 a.m. Situation Report shows Hamill convoy _________ A 10:28 email reports three convoys under attack near the Tampa/Sword junction. Twelve minutes later, KBR announced that the military has designated Tampa as “red” status. Attached to this announcement is KBR’s 10:30 Situation Report. The Report shows three convoys (Teddy, Tomaszewski, and Watson) currently under attack in the BIAP area with a fourth (Reedel) having driven through the same combat only minutes earlier, while a fifth (Larvenz) was diverted from Sword to BIAP ____. This report shows the Hamill convoy at Anaconda, still staging, i.e., preparing to leave. Satellite images verify KBR’s situation reports. The Hamill convoy began the day at 7:00 a.m., staging within Anaconda. Between 7:38 and 9:51 a.m., Hamill moved no more than 200 meters, all within Anaconda. By the time Hamill reported his departure at 10:45 a.m., KBR knew at least this: (1) Henderson convoy was attacked between Anaconda and BIAP. (2) Reedel convoy was attacked in the BIAP area. (3) Reedel lost his truck, along with at least six others, in the attack. (4) At least eight drivers were missing from the Reedel convoy. (5) Drivers were injured in the Reedel attack. (6) Teddy, Watson, and Tomaszewski convoys are currently under attack in the BIAP area. (7) Larvenz convoy was attacked on Sword and diverted into BIAP for safety. (8) Daryl Watson convoy was attacked leaving BIAP. (9) Reed convoy reported heavy fire between Abu Ghraib prison and BIAP. (10) The military has designated Tampa as “red.” Despite this knowledge KBR directed Hamill to lead a convoy of unarmed American civilians–men not allowed to wear camouflage–driving Army green camouflaged fuel tankers into combat. Moreover, as Hamill testified, for all he knew: It was just a normal day like any other day … No one from KBR or Halliburton had told me anything that would make me think it wasn’t a normal day like any other.

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Grant Cardone: Automotive Sales Trainer Shows Tricks to Buying a Car Quick and Easy

November 9, 2010

Below is a step-by-step plan of how to get a great deal on your next car without going through a long, drawn-out and painful process. Because of the internet, manufacturers’ influence, and competition, much of the older advice on how to buy a car written in books, articles and seen on TV is now outdated and actually makes buying your next vehicle more painful than necessary. And I should know because I have been providing automotive sales training to auto dealers for 25 years and know all the secrets. With so many sources of information available from dealerships’ inventory postings, manufacturers’ sites, Kelly Blue Book, Edmund’s, Auto Trader, Autobytel, and more, it is clear that information is not in shortage. All this information without a simple buying plan is just information overload, adding unwanted time and confusion. The goal when buying a car should be to know you got a good deal without spending three weeks in research, shopping at six dealerships and spending countless hours in painful negotiations. These six steps will guarantee you get what you want without wasting time: 1) Approach the dealer as a buyer. Your best offense when buying a car, contrary to popular belief, is to identify yourself as a buyer, not a shopper. Don’t be defensive; present yourself as wide open and easy. This will actually make the dealer easier to deal with. The customer that approaches a car dealer in a defensive and pushy way tends to cause the dealer to respond the same way. 2) Price is not your greatest concern. Let the sales person know that the most important thing to you is not price but knowing that you are on the right car. This will be music to the sales person’s ears and will make them butter in your hands. Communicate that you are confident than once the vehicle is perfect, the dealership and you can come to agreeable terms. This is going to make the sales process quicker by reducing confrontation and, later, making getting your best terms even easier. 3) Make sure you are on the right vehicle. The single biggest mistake a buyer can make is buying the wrong product. Putting price in front of selection is an outdated buying tactic. If the product is not right, the terms can never be good enough! The best way to determine the right unit is not online or on the phone but at the dealership. A trick to make sure you are on the right vehicle is to look at the vehicles just above and just below what you think you want. Any interest on either of the other two product choices means you are not yet on the perfect product for you. 4) Test drive the vehicle. Dealerships love you driving their products. This makes the dealership feel like they have done their job and provides them with more confidence in giving you their best price. Taking time to demonstrate the vehicle will save you time later and give both parties more confidence when negotiating. 5) Ask for a computer-generated proposal. Ask the dealership if they could please present their offer to you electronically rather than by hand. Because of technological advances, the most progressive, customer-satisfaction-driven auto dealers today utilize software technology to provide the buyer with computer-generated proposals. The proposal should include price, trade figures, purchase and lease payment, down payments and interest rates all at one time. Ask your dealer, “Do you use EPencil or electronic proposals?” Computer-generated proposals avoid wasted time in the negotiations and unnecessary figuring by management. An electronically generated proposal can produce nine purchase payments and nine lease payments in less time than it takes to fill out a credit app. This also reduces chances of mistakes and wasting time going back and forth. Computer-generated worksheets guarantee a full disclosure, complete transparency, and a quick and easy negotiation process that is non-confrontational. Car dealers know that time is important to the 21st-century buyer and that extending the negotiations only negatively affects the buying experience and ownership. 6) How to determine a fair price? Just so you know, franchised automotive dealers in the U.S. operate on about the same net margins as a grocery store: about 2 percent net margin (after all expenses). Most car transactions generate more money to state and local taxes than profits for the dealer. For instance, the taxes in California are 8.75 percent, so if the dealer has a mark-up of 6 percent on a $20,000 car, they will have a gross profit (before any expenses) of $1,200 while the state will collect almost $1,800. Keep in mind that the State of California isn’t even in the car business, doesn’t wash the car, service it, or inventory the products; it only promises you schools, roads and hospitals for the taxes they collected. If it were not for dealerships’ service departments and pre-owned cars, the car dealer wouldn’t be able to even stay in business to sell new cars. Can you find another dealer 50 miles away to sell for a couple hundred dollars less? Probably, but your local car dealer, with whom you will be servicing your car, is a human being, too. Remind him when you need something that you came in, didn’t create a problem, weren’t hard to deal with and made the whole process painless for everyone. Most auto dealers are not interested in taking advantage of you and are highly interested in making you happy. It is outdated thinking that a buyer has to shop five locations to get a good deal. So the next time you are ready to roll in something shiny and new, just follow my steps: let your dealer know you are there to buy, be sure you are on the right car, ask that they present their proposal electronically and tell them you know automotive sales training guru Grant Cardone. Follow this advice and you will have a great car-buying experience, avoid wasting valuable time and know you received a great deal. Grant Cardone is Automotive Sales Training Expert and New York Times bestselling author.

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Most Reliable Cars: Honda, Toyota Top Consumer Reports Rankings

October 26, 2010

DETROIT — The most problem-free cars and trucks are made by Honda and Toyota, but U.S. automakers Ford and General Motors are closing the gap in quality, according to an annual survey by Consumer Reports magazine. Ford and GM continue to narrow the disparity that once separated Asia-based automakers from their Detroit rivals. Large overhauls of American car companies in the last few years have resulted in fewer brands and better vehicles from Detroit. For the third year in a row, Toyota’s Scion had the fewest problems of any brand in the survey. It was followed by Porsche, Acura, Honda, and Nissan’s Infiniti luxury brand. The Toyota brand ranked sixth, down from third last year. It was followed by Subaru and Volvo. Lexus, which had been a top finisher in past years, fell to ninth. Ford was 10th, but rose from 16th the previous year. Consumer Reports rankings, released Tuesday, are widely used by buyers shopping for cars and trucks. The magazine ranks No. 3 on the list of information sources used by Americans to pick vehicles, topped only by brand loyalty and recommendations from friends and family. Scion, Toyota’s youth brand, was tops because it sells just three models, the xD hatchback, xB wagon and tC coupe. Those models haven’t been revamped recently. As a result, they have fewer reliability problems, said David Champion, senior director of auto testing for Consumer Reports. Toyota generally fared well in the survey despite recalling more than 10 million vehicles worldwide for safety problems including sticky gas pedals, floor mats that can trap accelerators and brake fluid leaks. “Toyota’s taken a slight knock from the issues with their recalls,” Champion said. He said the magazine’s survey asks owners to ignore recalls unless they have experienced a problem, easing the impact. Toyota’s luxury brand, Lexus, has expanded its model lineup and the quality has slipped, he said. The survey of about 960,000 of the magazine’s subscribers also restored recommended ratings for eight recalled Toyota brand models. Toyota in January recalled 2.3 million vehicles in the U.S. due to sticky gas pedals, including the 2009-10 RAV4 crossover, 2009-10 Corolla, the 2009-10 Matrix hatchback, the 2005-10 Avalon, the 2007-10 Camry, the 2010 Highlander crossover, the 2007-10 Tundra pickup and the 2008-10 Sequoia SUV models. It stopped selling the models until the vehicles on dealer lots were fixed. When sales were halted, Consumer Reports yanked the recommended ratings. Champion said Honda is the top manufacturer for reliability, with the Honda and Acura brands consistently at the top of the survey due to a continued emphasis on quality. Champion said the Dearborn, Mich.-based Ford has several individual models that have better quality than Toyotas. Ford’s quality resurgence was led by the Fusion midsize sedan, which outranked Honda’s Accord and Toyota’s Camry, two of the most reliable cars on the road. Ford’s improvements began five years ago and have continued, Champion said. General Motors showed the most improvement. GM had 69 models with average or better reliability, up from only 21 last year. GM’s top-ranked brand was Chevrolet at 17, up from 25 last year. GM shed some poor-quality models when it got rid of Saturn, Hummer and Pontiac, Champion said, and its new models like the Chevrolet Equinox crossover and Buick LaCrosse sedan are performing well. The Chrysler brand was ranked last of 27 brands shown in the survey, the magazine said, while Jeep ranked 20th and Dodge was 24th. No Chrysler vehicles scored above average in reliability. Champion said the company under its previous owners cut costs, and it’s showing in the quality rankings. The company’s in the process of updating its entire model lineup. New models like the Jeep Grand Cherokee are showing promise. The most reliable vehicle in the survey was the Porsche Boxster sports car, while the least reliable was the Jaguar XF luxury car. Complete rankings and recommendations will be revealed in the magazine’s December issue.

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Steve Parker: Toyota/Honda Recall — What’s Really Happening?

October 23, 2010

This past week, as the sun came out after several rain-plagued days, the areas around my Southern California neighborhood were filled again with the usual suspects. They were the runners from all over the city (I’m near one of those “domestic canyons”) including walkers, joggers and their pets, all planning to revel in the welcome early-morning warmth – and poop on my lawn – but soon we were all knocked back into the realities of daily life. Knocked back by, of all things, Honda and Toyota. Why, we So Cal-types love Honda and Toyota! It’s in the handbook and the contract you sign when you head west across the 405 Freeway! How could this happen – yet again? New vehicle sales in California, both import and domestic, are not booming yet, but have been on a solidly upward trend in the midst of this “recovery.” That dancing should have been found, especially, at the national headquarters of both Toyota and American Honda, barely a quarter-mile away from each other. Easy walking distance. 2005′s Toyota Highlander; many will visit their birth dealerships over the next month or so. As you read this, it may be the weekend: so for those of you near the 110 and 405 Freeways, start the eggs, play with the kids, take Fido and Fluffy for a stroll… and warm-up the engines. Specifically, the engine in the Honda and/or Toyota minivan/crossover you’ve been driving faithfully since you bought it between 2004 and 2007 (depending on the model). Why? Because you’re going back to your dealer. You see, there’s another, uh, recall. Pack the little ones, too, because you’re probably going to stop at some fast food place. Heck, the dealer might even have fast food in his store! You know how eager they are to please these days! But, yes, you’ve guessed it. Some of the people who engineer our massively complicated cars and trucks seem to have blown it… again. Both Toyota and Honda consider their respective situations serious enough that they are instituting “voluntary recalls,” which are basically what a smart car company does right before the National Highway Traffic Safety Administration decides to do it for you. And here are the recall totals (announced so far): about 1.5 million worldwide for Toyota (728,544 in the US). Honda? They’re saying about a half-million total Odyssey minivans and Acrua RL sedans will get caught-up in the excitement. There are a bunch of other vehicles from these two which might be involved as well. Here’s the Miami Herald list as of October 21 of the affected cars sold by Toyota and Honda in the U.S. (the number of cars on either list might shrink or grow). What might happen this time out for two of the world’s top auto companies? And their customers? Your brakes could fail. From the Department of Irony: last recall time, on the Toyotas, the cars would not stop accelerating. Now, the accelerator works fine, but the braking could be seriously, even dangerously, degraded. So why all the hubbub for something which seems (and is, in reality) a list of very simple symptoms, fast diagnosis and fix? Any 17-year-old high school auto shop student should have been able to spot this one coming down the road (even smell it coming — no joking). Brian Lyons, Toyota’s Director of Safety and Quality Communications, told me that both the Toyota and Honda problem, as similar as they seem, could be related to the same parts coming from the same supplier. This weekend is only the most recent of 16 recalls for Toyota garnering worldwide attention. And while nothing has been officially announced, don’t be surprised if a company called “Advics” in Aichi Prefecture (state), Japan, becomes water cooler talk over the next few weeks (then just magically goes away); they might supply both Honda and Toyota with the same offending parts. Here’s what they think causes the trouble for both companies (based on, Lyons told us, the research they’ve done so far, and from Toyota’s point of view): Brake fluid is bubbling and leaking out of the brake system’s master cylinder, degrading the fluid, making the brake pedal feel spongy (you know that feeling) and possibly robbing stopping power from the system as a whole. Has Toyota gotten a little “once bitten, twice shy” when it comes to their own in-house investigations? That fluid is the single key ingredient vital to stopping the car; it needs to be as free as possible from any air and/or other contamination. Brake fluid (aka hydraulic fluid) is created with special properties (“Straight to the laboratory, Igor!”), including the ability to not absorb moisture. When water gets in, braking ability gets out. Around five years ago, the first reports of “spongy brake pedals” started trickling into Japan’s Toyota dealerships. Then more and more reports, though there’s been a slowing in the most-recent time period. This 2006 Acura RL is feeling the Call of the Congress… well, maybe not yet Toyota says that’s probably because dealers and/or customers have been making their own “fix” and/or owners are pouring in upgraded, thicker brake fluid on their own, which can work for a time. It’s like using thicker engine oil to cut back on leaks out of an engine’s top end… but kids, please don’t try this at home. Toyota, it must be said, stepped right up to the plate (once, that is, they felt they actually had something to say). Toyota was using different brake system parts and fluids from one supplier. The problem was showing up in one of the master cylinders on the cars, using a specific, single type of brake fluid (of the two Toyota was using in these cars). This time out, Toyota found the fluid in one kind of cylinder contained polymers (extremely sophisticated lubricants) of a certain type and quality. After a time following purchase, this brake fluid’s level was dropping, the brake warning light came on, some people visited their dealers and a fix was developed. And all was well with the world and master cylinders. Ignore the light (admit it — you’ve done that!), and the fluid leaked more and dropped to a point where the pedal gets spongy and the potential for a failing hydraulic system is possible. This all gets very complicated as there are questions about all the cars affected by the recall. Do they merely lose their anti-lock brake systems, whereupon everything reverts back to simple, safely-working hydraulics? And what about the high-techy brake-by-wire systems? All this will come to light as the story unfolds. One thing in Toyota’s favor: they got right out in front of this one, taking the lead in “coverage” of “their problem.” Toyota’s Safety Communication Manager Lyons told me right off the bat during our lengthy conversation that, “We never stop investigations in our systems,” and even if it’s ultimately found the problem lies with the brake system or fluid manufacturer, these types of things are “not supplier based, but ours.” And there will be stories. Remember when Toyota felt it necessary to trot out 54-year-old Akio Toyoda, grandson to company founder Kiichiro? Even his kind of money and power could not fully protect him from the wrath of a vengeful U.S. Congress just wanting to talk! Again, the fix takes two hours, is absolutely free and involves new fluid, one small part and odds and ends. All dealers ask is you make a reservation with them; you and the dealer should determine absolutely that your car is among the damned… uh, I mean, recalled. Registered owners will begin getting those dreaded recall notices within the next two weeks. Don’t wait; be aggressive. Call today or go to www.NHTSA.gov , armed with your vehicle’s VIN. If you don’t know what that is, Google “Finding VIN” and you’ll get more info than you need (or want). Then follow the instructions. More than a hint of arrogance was, unfortunately, whiffing through the campfire the past two days, familiar to any journalist who has spent 45 minutes, much less 45 years, covering the worldwide auto industry. Some reports today (Saturday) said PR reps from both Toyota and Honda essentially blamed the entire problem on the car-owners: ( from Chris Woodyard, USA Today ): “…this recall was unusual in that both automakers said the problem wouldn’t occur if owners had simply followed automakers’ recommendations to use only their branded brake fluid.” So now they’re telling us where to shop, too? I don’t care if it might even be true. It’s a stupid thing to say and way below the standards to which both these companies have adhered that have allowed them to lead the way. Saturn used to throw BBQs at their recalls. Whatever happened to those days? Oh, yeah… there’s no more Saturn.

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Steve Parker: GMC’s 2011 Heavy Duty 2500 Pickup Has More Swagger than before

October 18, 2010

The biggest rivalry in the world is not between the Yankees and the Red Sox nor the Dodgers and the Giants, but between Ford and General Motors (with Dodge thrown-in to add a little spice to the mix; I was going to write “spicy meat balls” but only media savvy folks of a certain age would understand the reference to Fiat/Chrysler… get it now?). And nowhere is that mad dog, go-for-broke enmity more powerful in the auto business than between the full-size pickups built by all three of those companies. In markets which are traditionally friendly towards Asian imports (Southern California, Florida, Texas and etc.) one might see a few more Toyota/Nissan Tundras and Titans on the street, but a lot of them seem too pretty to be heading back and forth from a work site; more likely Nordstrom’s. American workers and business owners like, nee love, their American trucks. That’s all there is to it. And when companies have been developing their products for around a century-or-so, buyers can’t be blamed for opting for experience rather than what might seem the flash-in-the-pan “pretty boy” import. GMC’s Sierra 2500HD 4WD Regular Cab SLE pickup for 2011 is not all-new this time out (as are some pickups from some main competitors), but sometimes, for customers, experience and high-refinement can make for a sort-of “ultimate” expression in sheetmetal, mechanicals and capabilities just before a new model hits the streets. Also, GMC has done updates are in some important 2500 areas: A completely new fully boxed frame for added rigidity and strength and new suspension components for a more comfortable ride. And the big news for work truck buyers: 2011 GMC Sierra 2500HD can haul over 3,700 pounds of payload and tow up to 13,000 pounds, standard (16,500 pounds with a fifth-wheel connection). This new Sierra can be had with either a Vortec 6.0 Liter gasoline engine (which you oldtimers… like me… will remember used to be expressed as “389 cubic inches” as it was in the original Pontiac GTO) manufacturing 360 horsepower and 280 foot pounds of torque or a Duramax 6.6 Liter V8 diesel. That oil-burner churns out 397 horses and… get this… a massive 765 pounds of torque, quite literally enough to tear pavement off the street when hitting one of those tar-based expansion joints. And when not even trying! Honest! That heavy-duty engine and six-speed automatic transmission (and it’s a real transmission, also marketed as HD, or heavy-duty, and not one of those CVT jobs, thankfully) play well together and the 3.73 ratio in the rear axle allows full use of engine power, no matter which powerplant. And that’s a main point potential buyers must understand: Sierra 2500 (like Ford’s F-250 and the more powerful Dodge models) are workers, not movie-goers. These are trucks you buy to haul not only tools and apparatus and components but also the occasional race car or who-knows-what. As far as handling, the Z85 handling and trailering package helps put Sierra up high in the air and able to handle about as much off- as on-road trash as you can throw at it. On the road, like all other pickups of this ilk, it’s not as comfortable as a Cadillac but certainly light years ahead of what trucks were offering, say, just a decade back. And this is a work truck, make no doubt about that. This is not the truck in which to pull up to a fancy restaurant or the opera, unless you’ve got almost two tons of beef in the bed for a delivery or all the sets for Aida to drop-off. You just don’t jump into 2500 after a lifetime in Malibus, Miata MX-5s and various crossovers ready to drive. It’s like the old music joke: “How do I get to Carnegie Hall?” and the punchline is, “Practice, practice.” This vehicle’s height, huge horsepower, ridiculous torque, a somewhat modified-though-workable stalk-mounted shifting system, very high ride height and side mirrors and A-pillars which block out the world make this an all-new experience for most drivers; keep this in mind before buying (and for all trucks of this size and above). But options like heated and cooled seats, Bluetooth, topline audio and a nav system, among other comforts, should make the average driver quickly feel somewhat at home. Our gasoline-fed tester, at $38,645, came replete with a 36-gallon gasoline fuel tank (as are all GMC 2500 models); mileage has not yet been announced officially but we estimate it to be somewhere around 13mpg average city and highway, on a really good day. But don’t take our word too faithfully; wait for the EPA numbers. Inside and out, Sierra (and all pickups) have been through clinics and focus groups so much that if I were to even slightly imply that the truck’s exterior and interior are nothing short of perfect, I’d be highly-targeted by GMC-lovers everywhere (or, “Terminated with extreme prejudice,” to paraphrase Harrison Ford’s single-or-so line in Apocalypse Now … go ahead, check the credits!). It’s why I usually don’t get into vehicle appearances, inside and/or out, gauges, switchgear, audio and the like unless there’s really something badly wrong with any of them; it’s almost always a completely subjective thing, especially with a working vehicle). And GMC has truck-building experience. They’ve been around in one iteration or another since 1901 and today make pickups, SUVs, vans, light-duty trucks, and medium-duty trucks. In the past, GMC also produced fire trucks, ambulances, heavy-duty trucks (including monster 16-wheelers) , military vehicles, motorhomes and city buses. And are pickups, as some say, old-school? Just remember the success of NASCAR’s Camping World Truck Series, one of the sport’s three professional-level series, which has created real excitement on certain circles (and certain road courses). This even though everyone knows the vehicles on the track are basically NASCAR stockers using bodies which look, at least, a little like pickups. And that traditional Big Three rivalry continues unabated on the track. As with all trucks of this size and strength, there’s probably a dealer (from another truck-maker) down the street who will sell you about the same truck, similarly-equipped, for $100 less than your usual dealer is charging. But in this patriotic and loyal realm, where prices and dealer margins are so close, many people make their buying decision based on past relationships, not just perceived value. And about any way you look at it, this GMC 2500 Sierra stands up to the toughest truck-centric scrutiny — that of those who actually use their truck as a tool along with their belts, compressors, ice chests… and race cars.

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Grand Cherokee Gas Tank Fires Under Federal Investigation

August 24, 2010

WASHINGTON — U.S. safety officials are investigating whether gas tanks on Jeep Grand Cherokees can cause fires in rear end crashes or rollovers. The preliminary investigation, begun Monday by the National Highway Safety Traffic Administration, is the first step in determining whether a recall of the popular Chrysler SUV is necessary. The investigation covers three million Grand Cherokees from model years 1993 to 2004. Advocacy group Center for Auto Safety has asked NHTSA to review whether the gas tank’s position below the rear bumper and behind the rear axle could cause fuel to spill if the SUV were struck from behind. In rollovers, a lack of proper shielding for the plastic tank could cause it to puncture, the group said. The neck of the fuel tank could also tear off. “This is a terrible design,” said Clarence Ditlow, head of the Center for Auto Safety. Ditlow said he planned to ask Chrysler to issue a voluntary recall of the Grand Cherokee. While the agency has not reached any conclusions, an initial review of crash data submitted by auto manufacturers showed that the Grand Cherokee did not have significantly more fires after crashes than other vehicles, NHTSA said. Chrysler spokesman Michael Palese said the company is cooperating with the government investigation and that the Grand Cherokee has an excellent safety record. The automaker moved the tank’s position after the 2004 model. Chrysler has sold just under 3.6 million Grand Cherokees since the midsize SUV was introduced in 1992, according to Ward’s AutoInfoBank. The company started selling a redesigned 2011 model recently. NHTSA has found 44 Grand Cherokee crashes and 55 deaths since 1992 where fire was listed as the most harmful factor. Of those figures, 10 crashes and 13 deaths were most likely associated with rear end crashes, the federal safety agency reported. __ AP Auto Writer Tom Krisher in Detroit contributed to this report.

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Grand Cherokee Gas Tank Fires Under Federal Investigation

August 24, 2010

WASHINGTON — U.S. safety officials are investigating whether gas tanks on Jeep Grand Cherokees can cause fires in rear end crashes or rollovers. The preliminary investigation, begun Monday by the National Highway Safety Traffic Administration, is the first step in determining whether a recall of the popular Chrysler SUV is necessary. The investigation covers three million Grand Cherokees from model years 1993 to 2004. Advocacy group Center for Auto Safety has asked NHTSA to review whether the gas tank’s position below the rear bumper and behind the rear axle could cause fuel to spill if the SUV were struck from behind. In rollovers, a lack of proper shielding for the plastic tank could cause it to puncture, the group said. The neck of the fuel tank could also tear off. “This is a terrible design,” said Clarence Ditlow, head of the Center for Auto Safety. Ditlow said he planned to ask Chrysler to issue a voluntary recall of the Grand Cherokee. While the agency has not reached any conclusions, an initial review of crash data submitted by auto manufacturers showed that the Grand Cherokee did not have significantly more fires after crashes than other vehicles, NHTSA said. Chrysler spokesman Michael Palese said the company is cooperating with the government investigation and that the Grand Cherokee has an excellent safety record. The automaker moved the tank’s position after the 2004 model. Chrysler has sold just under 3.6 million Grand Cherokees since the midsize SUV was introduced in 1992, according to Ward’s AutoInfoBank. The company started selling a redesigned 2011 model recently. NHTSA has found 44 Grand Cherokee crashes and 55 deaths since 1992 where fire was listed as the most harmful factor. Of those figures, 10 crashes and 13 deaths were most likely associated with rear end crashes, the federal safety agency reported. __ AP Auto Writer Tom Krisher in Detroit contributed to this report.

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Grand Cherokee Gas Tank Fires Under Federal Investigation

August 24, 2010

WASHINGTON — U.S. safety officials are investigating whether gas tanks on Jeep Grand Cherokees can cause fires in rear end crashes or rollovers. The preliminary investigation, begun Monday by the National Highway Safety Traffic Administration, is the first step in determining whether a recall of the popular Chrysler SUV is necessary. The investigation covers three million Grand Cherokees from model years 1993 to 2004. Advocacy group Center for Auto Safety has asked NHTSA to review whether the gas tank’s position below the rear bumper and behind the rear axle could cause fuel to spill if the SUV were struck from behind. In rollovers, a lack of proper shielding for the plastic tank could cause it to puncture, the group said. The neck of the fuel tank could also tear off. “This is a terrible design,” said Clarence Ditlow, head of the Center for Auto Safety. Ditlow said he planned to ask Chrysler to issue a voluntary recall of the Grand Cherokee. While the agency has not reached any conclusions, an initial review of crash data submitted by auto manufacturers showed that the Grand Cherokee did not have significantly more fires after crashes than other vehicles, NHTSA said. Chrysler spokesman Michael Palese said the company is cooperating with the government investigation and that the Grand Cherokee has an excellent safety record. The automaker moved the tank’s position after the 2004 model. Chrysler has sold just under 3.6 million Grand Cherokees since the midsize SUV was introduced in 1992, according to Ward’s AutoInfoBank. The company started selling a redesigned 2011 model recently. NHTSA has found 44 Grand Cherokee crashes and 55 deaths since 1992 where fire was listed as the most harmful factor. Of those figures, 10 crashes and 13 deaths were most likely associated with rear end crashes, the federal safety agency reported. __ AP Auto Writer Tom Krisher in Detroit contributed to this report.

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Video: Edmunds.com’s Anwyl Sees Pace of U.S. Auto Sales Slowing: Video

August 13, 2010

Aug. 13 (Bloomberg) — Jeremy Anwyl, chief executive officer of Edmunds.com, talks about the outlook for U.S. auto sales. Anwyl also discusses prospects for General Motor Co. and automakers’ use of technology in their vehicles. He talks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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David Isenberg: The Latest on Contractors From SIGIR

July 31, 2010

The latest Quarterly Report to Congress from the Office of the Special Inspector General for Iraq Reconstruction has been released. The following are excerpts relevant to private military contractors. Number of contractors: Current, 119,700. Peak, 171,000 (Q4 2007) p. 2 On July 22, 2010, several rockets impacted inside the International Zone, killing three foreign-national contractors working for Triple Canopy, a U.S.-based security company.Figure1.10 [ see p. 16] lists the 15 contracting companies that have reported the largest number of deaths in Iraq since March 2003. This quarter, the Department of Labor (DoL) received reports of 12 additional deaths of contractors working on U.S.-funded programs in Iraq. DoL also received reports of 882 injuries this quarter that caused the injured contractors to miss four or more days of work. Since 2003, at least 1,487 death claims have been filed with the DoL. p. 15 DoS has also requested that it be allowed to use the Logistics Civil Augmentation Program (LOGCAP) III to support its operations in Iraq beyond December 2011. As of June 30, 2010, however, Kellogg, Brown and Root, Inc. (KBR)–the sole LOGCAP III contractor–is scheduled to remain in Iraq only until the end of 2011. According to U.S. Embassy-Baghdad, it does not have a plan to meet its support requirements if KBR pulls out. p. 43 JCC-I/A: Transitioning to CENTCOM Contracting Command On June 11, 2010, CENTCOM transitioned the Joint Contracting Command-Iraq/Afghanistan (JCC-I/A) to the CENTCOM Contracting Command (C³). The change was made to facilitate expansion of the organization’s oversight to all contingency operations in CENTCOM’s area of operations–including Kuwait and Pakistan–in accordance with joint doctrine, “which has evolved to consider complex long-term contingencies.” To that end, C³will relocate to Qatar and reassess its staffing requirements. In addition to contract oversight, C³’s responsibilities in Iraq will include liaising with the armed services’ contracting organizations, providing monthly contractor census and SPOT data, and establishing and chairing a joint contracting support board to coordinate the enforcement of contracting and payment procedures. p. 44 Contractor and Grantee Support As of June 30, 2010, there were 113,649 contractor and grantee personnel supporting U.S. efforts in Iraq. For a breakdown of contractors and grantees–by agency, purpose, and national origin–see Table2.11. Contractors provide a variety of services. According to the most recent DoD census of its contractors in Iraq, roughly 65% performed base support functions, such as maintaining the grounds, running dining facilities, and providing laundry services. Comparable data was not available from DoS or USAID. The profile of DoD contractors in Iraq has changed over time. The number of contractors providing base support has generally paralleled the number of U.S. troops in Iraq. Meanwhile, as the focus of the U.S. assistance programs shifted away from large-scale infrastructure projects, the number of construction contractors has declined and the percentage of contractors providing security has increased. Third-country nationals currently make up a larger percentage of total DoD contractors than they have at any previous time, and the percentage of Iraqi nationals has declined to its lowest point yet. For details on the types of service provided by DoD contractors, and their national origin, see Figure2.13. pp. 46-47 Tracking Contractors and Grantees in Iraq On March 23, 2010, the House Armed Services Committee’s Subcommittee on Oversight and Investigations held hearings on grants and contracts in Iraq and Afghanistan. Among the topics discussed was the ongoing development of the Synchronized Predeployment and Operational Tracker (SPOT) database, which is intended to serve as a coordination tool for U.S. government agencies, contractors, and grantees. Representatives of DoD, DoS, USAID, and GAO stated the following: •According to DoD, approximately 75% of its contractor personnel were entered into SPOT. Registering Iraqi contractors who are not operating at U.S. military bases or DoD installations is the largest remaining challenge. DoD is using SPOT to track its contractor draw down. •According to DoS, it has expanded its use of SPOT to include grantees as well as contractor personnel. Additionally, DoS uses SPOT-generated Letters of Authorization (LOAs) to grant privileges to contractors–such as meals and common access cards (CACs)–and can track contractor movements in-country using LOA reader machines. •According to USAID, the administrative and financial burden of entering individual data for all its partners (which it defines as contractors and grantees) outweighs the benefits, because many do not require LOAs. Additionally, there are concerns that registration of USAID partners working in certain communities could endanger their safety. USAID has arranged with DoD to enter personal data for partners that require LOAs and aggregate data for partners that do not. •According to GAO, its audits have revealed that inadequate information about contractors and grantees may inhibit planning, increase costs, and introduce unnecessary risk. Agencies have made some progress in implementing SPOT, but their efforts still fall short in terms of having complete and reliable data to fulfill statutory requirements and improve management and oversight. Alternatives to SPOT, including periodic surveys, are generally incomplete and unreliable, particularly for identifying trends and drawing conclusions. According to further testimony by DoD and USAID, those agencies have reached an agreement whereby USAID will provide aggregate data for grantees–broken down by the broad categories of U.S., local-national, and third-country nationals–which should be sufficient to allow them to use SPOT as a management tool. The GAO representative acknowledged that different types of data may be required for different classes of contractors and grantees, and that it was up to the agencies to determine what worked best and to coordinate among themselves. pp. 47-48 FAPIIS Launched To Help Evaluate Contractors On April 22, 2010, the General Services Administration (GSA) launched the Federal Awardee Performance and Integrity Information System (FAPIIS), which is “designed to significantly enhance the government’s ability to evaluate the business ethics and quality of prospective contractors competing for federal contracts and to protect taxpayers from doing business with contractors that are not responsible sources.” The system was designed to meet the requirements of Section 872 of the Duncan Hunter National Defense Authorization Act of 2009 (P.L.110-417), which directed GSA to establish a database to track contractor integrity and performance. Before mid-2009, the only government-wide information available to contracting officers were lists of debarment and suspension actions, which are maintained in the Excluded Parties List System (ELPS). The FAPIIS expands the scope of information available to contracting officers, including: •records of contractor performance •contracting officers’ non-responsibility determinations •contract terminations for default or cause •agency defective pricing determinations •administrative agreements used to resolve a suspension or debarment •contractor self-reporting of criminal convictions, civil liability, and adverse administrative actions p. 48 Private Security Contractor Support A June 2010 RAND study offers new details on the unprecedented use of PSC support in Iraq over the past seven years. According to the report, between 2003and 2007, the main employers of PSCs–DoD, DoS, and USAID–paid more than $5 billion directly to security contractors. During that same period, prime contractors in Iraq paid an additional $3 billion-$6 billion for PSC services. The U.S. military has called on PSCs for a wide range of services, including static security for bases, convoy security, force protection for USACE, personal security details, and coordination of military activities through the Reconstruction Operations Center. DoS employs several types of armed contractors to staff security programs in Iraq, including diplomatic security special agents, marine security guards, third-country nationals, and personal security specialists. According to DoD regulations, “PSC personnel are not authorized to participate in offensive operations and must comply with specific USCENTCOM Rules for the Use of Force,” which allow the use of deadly force only in self-defense and defense of facilities or property (as specified in their contracts) or for “prevention of life-threatening acts directed against civilians.” USF-I provides guidance on the rules of use of force and issues weapons cards to approved PSC personnel, allowing them to carry weapons. The contractor’s signature on the weapons card acknowledges an understanding of these rules. For the totals of armed PSCs serving DoD, DoS, and USAID, see Table 2.16. For more details on contractors in Iraq, see the Reconstruction Funding Management and Uses subsection of this Report. As SIGIR reported last quarter, some GOI agencies and personnel have harassed PSCs this year. The U.S. Embassy’s Regional Security Office provided additional examples of undue bureaucratic restrictions and operational challenges reported this quarter: • In mid-June, a non-Chief of Mission PSC, on an administrative move without a client, reached an entry control point and prepared to present documents. IA personnel reportedly removed PSC personnel from their vehicles and assaulted them under the threat of deadly force. PSC personnel were arrested, equipment and vehicles confiscated, and the PSC members taken to another location where, reportedly, they were once again assaulted. The reasons for the IA’s actions are unknown. • The MOI Private Security Companies Licensing and Registration Office has reportedly been issuing arbitrary orders and imposing deadlines that are difficult to meet, which strains the MOI’s capacity to manage its own workload. •Some PSCs report waiting months for the MOI to approve annual license renewal applications, requiring companies to file a renewal even before the original application has been adjudicated. The Regional Security Office (RSO) is uncertain whether this is intentional or simply the result of inaction. pp. 58-59

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Toyota Recall: Automaker Pulls 412,000 Cars In U.S., Mostly Avalons

July 29, 2010

TOKYO — Toyota is recalling 412,000 passenger cars, mostly the Avalon model, in the U.S., and another 16,420 vehicles in Japan for steering problems, the automaker said Thursday. The 373,000 Avalons being recalled in the U.S. range from the 2000 model year through to 2004 and have improper casting of the steering lock bar – a component for the steering system – causing cracks to develop on the surface. In some cases, the crack can cause the lock bar to break, potentially leading to a crash if the steering wheel locks, the world’s No. 1 automaker by car sales said. No injuries have been reported from the accidents that may be caused by the defect, it said. Recalled in Japan for a similar problem are 6,750 vehicles, called Pronard, built from February 2000 through January 2004, Toyota and the Japanese transport ministry said. There have been three reported problems linked to the defect but no accidents in Japan, the ministry said. Also being recalled in the U.S. are 39,000 Lexus luxury model LX 470s for the 2003-2007 model years because of a steering shaft problem, which is different from the Avalon steering problem, according to Toyota. That problem affects 9,670 vehicles in Japan, two Land Cruiser models, the ministry said. One problem has been reported but no accidents are suspected of being linked to the defect, it said. Toyota said it will fix the Avalon steering problem by replacing a part called the steering column bracket. The problem with the LX 470 will be fixed by replacing a component in the steering shaft called a snap ring. Customers affected by the recalls will begin receiving mailings in August instructing them to take their cars to their dealer for the repairs, Toyota said. The latest recall comes on top of some 8.5 million vehicles that have been recalled around the world by Toyota Motor Corp. since October for a spate of problems, including faulty floor mats, defective gas pedals and braking software glitches. The recall crisis has damaged Toyota’s reputation for quality and customer service. Toyota executives have repeatedly vowed to put customers first. But it has been criticized as lagging in its response to quality lapses, and was slapped with a record $16.4 million fine in the United States for responding too slowly when the recall crisis erupted. Earlier this month, Toyota announced a recall of some 270,000 vehicles, mostly Lexus cars, for engine problems, dealing a further blow to its image because Lexus is its top-end luxury brand. Toyota faces more than 200 lawsuits in the U.S. tied to accidents involving defective automobiles, the lower resale value of Toyota vehicles, and a drop in its stock value. “Toyota is continuing to work diligently to address safety issues wherever they arise and to strengthen our global quality assurance operations so that Toyota owners can be confident in the safety of their vehicles,” said Steve St. Angelo, Toyota chief quality officer for North America. Owners of Avalon and Lexus cars are being notified next month, being asked to bring in their cars to nearby Toyota and Lexus dealers for a free fix, according to Toyota. “Our engineers have thoroughly investigated this issue and have identified a robust and durable remedy that will help prevent this condition from affecting drivers in the future,” said Mark Templin, group vice president and general manager of Lexus. ___ AP Auto Writer Dan Strumpf contributed to this report from New York.

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Jeffrey Rubin: China’s Energy Consumption a Zero-Sum Game

July 27, 2010

It wasn’t sheer coincidence that last year marked two pivotal events in the world’s vehicle industry. In 2009, China became the largest car market in the world, while in the same year there were four million fewer vehicles on the road in the United States. In a world where the supply of economically viable oil has peaked, or is, at best, growing marginally, driving has suddenly become a zero-sum game. That means that if millions of new drivers are about to get on the road in China, then somehow millions of other drivers will have to get off somewhere else. Last year, that’s exactly what happened in America for the first time since World War II. And unless Boone Pickens is miraculously able to convert the American vehicle stock to natural gas-powered engines, some 40 million other vehicles in the US will similarly be taking the exit lane over the next decade. But more on that later. That’s not news to the auto companies. General Motors is busily expanding its production capacity in China, thanks to bailouts from American and Canadian taxpayers. Nor is it news to Canadian tar patch producers, who are quickly recognizing that China, with one tenth the per-capita oil consumption of the US, will be the real market for the billions of barrels of oil they hope to extract. And belatedly, even the International Energy Agency (IEA), long fixated on shrinking oil demand in its own member OECD countries, has finally recognized what carbon emissions have been saying for the last three years: that China is the world’s largest consumer of energy. And that energy, for the most part, is carbon-based. China may lead the world in energy from renewable sources such as solar and wind, but it’s good ol’ fashioned King Coal that’s powering that country’s industrial revolution, just as it powered the Industrial Revolutions centuries ago in the west. China may still only consume half the oil America does, but it’s long since passed the US when it comes to coal consumption, which provides China with 80 per cent of its power. Unless abated by cuts elsewhere, the planned expansion of coal-fired generating plants in China and India will almost double world coal consumption over the next two decades. As with oil, the more coal China burns, the less coal North America can use. If world carbon emissions are to be capped, or even if global emissions growth is to be slowed, there must be an offsetting decarbonization of economies elsewhere. And that means coal plants must be shut down in places like North America if new plants are built in China. Not only is China the world’s largest consumer of energy, but the more carbon-based fuel it burns to power its economic growth, the more our economies will have to make do with burning less.

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Kevin L. Kearns: FedEx’s Campaign of Distortion

July 25, 2010

We are about to find out yet again whether we are a nation of laws or men. The U.S. Senate will be voting perhaps as early as Tuesday on the FAA Reauthorization Act, including whether House-passed Section 806 will remain part of the bill. FedEx and its CEO Fred Smith have railed against Section 806 for several years now, claiming that it will lead to unionization of their Express division and endless labor strife, affecting the entire U.S. economy. These claims are all self-interested bluster, of course. Section 806 is really about equal application of the laws of our country to all similarly situated businesses — which should rise or fall in the marketplace based on their competitive abilities, not favoritism by the Congress. But perhaps we are after all a nation of CEOs: the current recession has exposed the out-of-bounds thinking and actions of many CEOs of large banks and corporations, which is too often aimed at manipulating the legal and political processes for personal and corporate gain. In this case, FedEx and Smith have carried on a shameless campaign of lies and intimidation seeking to exclude Section 806. They have falsely labeled their main rival in the package delivery industry, UPS, as seeking a “brown bailout” for supporting Section 806, thus turning the English language on its head. In fact, it is FedEx Express that has been “bailed out” for the last 15 years by special interest language passed in 1996. FedEx Express truck drivers are the only drivers in the nation’s package delivery industry covered under the Railway Labor Act, instead of being properly governed by the National Labor Relations Act. Section 806 puts an end to this misclassification and places all delivery drivers under the same law, the NLRA. FedEx Express drivers are in the same industry, do the same work, and should be covered by the same law as all other package delivery drivers in the country. In spite of FedEx’s claims that it will be easier for the Teamsters to unionize its drivers if they are placed under the NLRA, the issue here is not about unionization or how easy or difficult that might be, or what the results might be. The question again is whether success in business should come through market-driven competition or whether success should be the result of political influence and legislative favor. Since FedEx is consistently rated one of the very best companies for which to work, there is little likelihood that an organizing drive by the Teamsters will be successful. FedEx employees are overwhelmingly satisfied with their current non-union status. This situation is shown by two important facts: (1) over 120,000 FedEx employees are currently covered by the NLRA and not one is unionized; and (2) the comments of many FedEx employees on Section 806 appear on various web sites covering the issue and only a tiny minority appears to favor unionization. Ironically, the only FedEx employees who are unionized are its pilots, who are covered by the RLA. Thus even if some Senators dislike labor unions, their fears of the potential unionization of FedEx if Section 806 is passed are unfounded. In any case, liking or disliking organized labor is not an appropriate ground to void the basic constitutional principle of equal treatment under law. How does misclassification of its drivers under the RLA give FedEx an unfair competitive advantage? Simple. FedEx uses that status to woo customers on the grounds that it is “strike-proof.” Presumably this strategy/business practice is very profitable because FedEx is spending vast sums of money to defend its current special interest status. Its deceptive “Brown Bailout” campaign ads now blanket the Internet, exploiting that medium’s lack of Truth-in-Advertising standards to disseminate patently false content. Meanwhile, editorial pieces by Smith, other FedEx officials, and friendly journalists and business owners offer misleading and sometimes hysterical reasoning for the special treatment of FedEx Express drivers. Among them: FedEx makes a big deal out of the fact that it was founded as an airline, and UPS as a trucking company. The correct response is, “So what?” Both companies have evolved considerably during their respective existences, and both use a combination of airplanes, trucks, and other vehicles, including boats, to carry out their businesses. What should matter is their entire business structure today, not 40 or 100 years ago. Incidentally, UPS was founded in 1907 as a foot messenger service. Should its drivers therefore be held only to pedestrian traffic regulations and be free to ignore both the RLA and the NRLA, which came a generation later? FedEx Express claims that it carries 85 percent of its packages by air and that UPS carries 85 percent by truck. Again, so what? The classification of FedEx Express delivery drivers is the issue. They have nothing to do with air operations, that is flying, maintaining, or servicing aircraft – jobs that Congress covered when it amended the RLA. FedEx Express drivers pick up and deliver packages in trucks. All FedEx Express packages move by truck. It’s that simple. FedEx claims that Federal courts, specifically the 9th Circuit, have found that FedEx trucks are an integral part of the company. Yet the specific case cited is irrelevant to the labor law classification issue. It is not on point as it examined whether a California state agency had the power to regulate FedEx trucks. (There are also two strong and persuasive dissents FedEx fails to mention.) FedEx also claims that putative NLRA-produced unionization could allow a strike at a single distribution hub to paralyze FedEx Express’s delivery service and much of the U.S. economy. But this oft-repeated claim doesn’t even pass the laugh test. After all, disruptions hit the delivery industry every day – in the form of bad weather and malfunctioning equipment. Yet the industry has learned to be nimble and adjust to disruptions. Isolated labor unrest, if any, would be overcome with equal skill. FedEx CEO Smith says that even the slightly increased odds of unionization under the NLRA will cause him to cancel aircraft orders and gut the FedEx Express business. And, of course, valuable American jobs would be lost in the process. But FedEx Express is the core business and main revenue source of FDX Corporation. Why on earth would Smith even propose this crackpot idea? And why would his Board of Directors and shareholders go along with it? The Senate is duty-bound to see that American law is applied fairly and uniformly. It should eliminate the 1996 special interest provision handing FedEx a carve-out, stop holding up an FAA Reauthorization bill containing many important air travel safety provisions – some the result of the Colgan Air disaster, and get the measure to the President’s desk before the August recess. Neither transportation safety nor fundamental American legal principles should be held hostage to the campaign of distortion being carried on by Fred Smith and FedEx. The Senate should defeat any filibuster effort and pass Section 806 into law. Kevin L. Kearns is president of the U.S. Business and Industry Council, and serves as the director of the Same3 Coalition, a group formed in 2009 to support federal legislative efforts to create fair competition in the trucking industry.

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Honda To Launch Electric Car, Plug-In Hybrid In 2012

July 20, 2010

“Honda has no future unless we achieve significant reduction in CO2 emissions,” he told reporters. “The next 10 years will be a true test for Honda’s survival.” Coming up with good cars quickly and at affordable prices is now crucial to score success in changing times, he said. He also said the world’s needs were shifting to small and green vehicles. Ito declined to give details of the vehicles, including the batteries – the key component – they would use, but said green technology was becoming increasingly important in the auto industry. Tokyo-based Honda, Japan’s No. 2 automaker, now makes the Insight and CR-Z hybrids but has not given concrete plans for a plug-in or EV previously. Under its new strategy, Honda will resume preparations for its Yorii plant in Saitama Prefecture near Tokyo to begin production in 2013 and focus on green models. Honda dropped a previous plan to build a new plant in Yokkaichi, Mie Prefecture, central Japan, it said. Ito denied Honda was ever disinterested in electric vehicles as was the impression among some analysts and media reports. Japanese rival Nissan Motor Co. has already begun taking orders for its Leaf electric car, which is set to arrive in Japan and the U.S. later this year. Toyota Motor Corp. is also planning an electric vehicle model for 2012. Mitsubishi Motors Corp. began selling its mass-produced electric vehicle, the iMiEV, earlier this year. The Japanese aren’t the only ones planning EVs, with American, Chinese and other global makers also developing electric vehicles. Toyota announced earlier this month it is working with U.S. electric vehicle upstart Tesla Motors Inc. to develop an electric version of Toyota’s RAV4 small crossover vehicle, with plans to begin selling it in the U.S. in 2012. Ito also said Honda, which also makes the Asimo walking childlike robot, will beef up its lineup of gasoline-electric hybrid models, while declining to give details. Within the next year, Honda will introduce several hybrid models, mainly small models, including the Fit hybrid set to go on sale later this year in Japan, he said. Honda has decided to focus on emerging markets such as India, China, Indonesia and Africa to boost growth while not being as aggressive as in the past on expanding Japan production, which will focus on advanced technology, said Ito. Emerging markets still hold potential for tremendous growth while the Japanese market has been stagnant for years and cannot hope to recover unless North American demand recuperates, Honda officials said.

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David Fiderer: Deciphering Joe Cassno’s Lies Before The Financial Crisis Inquiry Commission

July 11, 2010

Joe Cassano is a very good liar, which is why it would be so hard to prosecute him for perjury. When testifying before The Financial Crisis Inquiry Commission, the former head of AIG Financial Products kept blending in half-truths with his audaciously dishonest claims, so that the overall effect was nonsensical. For instance, to justify his outrageous claim that, “the books were generally considered fully hedged,” he explained that “we were using it basically in actuarial basis …[so] it’s not hedged in the conventional sense.” (Translation: The book was never hedged in any sense. Nor was there any actuarial analysis, only a reliance on triple-A credit ratings.) These rhetorical tricks were designed to throw sand in everyone’s face. But his tactics seem to have worked. The staunchly unregenerate Cassano framed a media narrative that deflected away from his dishonesty and gross incompetence. Here’s a reality check on some of his more ridiculous claims, in order of appearance: 1. Cassanos’s Claim: AIGFP never compromised its high underwriting standards. The Truth: AIGFP had no underwriting standards pertaining to the most important risk, which affected AIG’s liquidity . Commission Chairman Phil Angelides asked Cassano if he understood the subprime risks he insured. Cassano stonewalled with a lot of doubletalk: Angelides: I want to talk to you about this, that these were represented as multisector CDOs. But if you look at — we did a sample of some of these in 2004, 2005, 2006, they were almost overwhelmingly residential-backed and very substantially subprime. For example, in the survey we did of some of these CDOs that you issued protection on, 84 percent were backed by RMBS residential mortgages in ’05, 89 percent in ’06. And just as an example, while you indicated you decided to stop writing on subprime instruments in January of ’06, for example, you backed an instrument called RFC III where that CDO was 93 percent subprime and seven percent HELOC home equity loans. My question for you, Mr. Cassano, is was there — you said you did thorough due diligence. Were you aware of the quality of the mortgages? Do you do direct analysis of the loan data? Were you confident that you had a full understanding of the nature of what you were backing? Cassano: Chairman Angelides, the numbers that you are referencing in these portfolios, I don’t know specifically. I’m happy to look at them again and go through that with you. Reality Check: Cassano insults everyone’s intelligence by refusing to admit that he insured tens of billions of dollars of toxic investments that were primarily comprised of subordinated tranches of subprime mortgage securities. The CDOs that caused the collapse of AIG were no more “multi-sector” than the government of Iceland is multiracial. His unwillingness to acknowledge the obvious truth is a rhetorical device intended to cast doubt and cause confusion among listeners and the media. Cassano: But I think to answer your question more directly, we never diluted our underwriting standards at any point in time. We had rigorous standards, standards set by the AIG credit risk management that we then employed in underwriting these transactions. Reality Check : Cassano said he would answer the question “directly” and then didn’t. The question asked whether he personally understood the risks associated with the subprime mortgages embedded within the CDOs. It wasn’t about what “we” did, and it wasn’t about some dilution or non-dilution of some undefined underwriting standards that may have had nothing to do with subprime risk. What remains indisputable is that there were no standards for protecting AIG’s liquidity. AIGFP was in the business of trading derivatives. The liquidity risk, pertaining to collateral postings, was never even considered when these deals were approved. It sold $78 billion worth of long-term credit default swaps that were unhedged. As part of those swap agreements, AIGFP agreed to post margin, or cash collateral, without ever attempting to define the basis by which those collateral postings would be calculated. The stupidity of Cassano and other top managers at AIG cannot be overstated. They operated like an 11-year-old driving a motorcycle. The current chief risk officer at AIG explained: Angelides: Mr. [Robert E.] Lewis, you are the chief risk officer. Anything you want to add to this? Lewis: I would state that the risk issues that were the focus of the attention at AIG were around the actual credit risks in the underlying portfolios. And our — the rigorous work that we did together with FP was to determine what the likelihood was of suffering credit losses through defaults and losses in the underlying mortgages. The liquidity aspects were something, quite frankly, just didn’t focus on to the extent that we now know we should have. The — these instruments up until the time of the crisis had traded in very narrow bands, highly liquid AAA securities, until the crisis occurred when they traded off quickly and then there was no market. So — Angelides: But were you — but you — were you aware that there was a liquidity provision, you weren’t, were you? Lewis: No, I was not until — Angelides: All right. Lewis: — till the date I just testified. [i.e. July 2007, several years many of the deals were booked] Reality Check: Lewis, like Cassano, had no idea what he was doing. Every trader, every junior risk analyst, every deputy assistant treasurer with the most minimal level of competence knows the dangers of selling an unhedged derivative. You can lose money when the swap terminates, and you can lose liquidity before the swap terminates. The longer the tenor of the swap, the bigger the risk. This isn’t some honest mistake, some detail that could ever be overlooked. A financial company depends on liquidity the same way that a mammal relies on oxygen to stay alive. Lewis acted like the traffic cop who looks at cars in the left lane and ignores the vehicles in the right lane. The only plausible explanation why Lewis still has his job is that the AIG does not want to expose more dirty laundry. Their stupidity was compounded further their willingness to post collateral based on the “market value” of the CDOs. Lewis’s claim that “these instruments up until the time of the crisis had traded in very narrow bands, highly liquid AAA securities, until the crisis occurred,” is further demonstration of his cluelessness and/or dishonesty. The triple-A tranches of these CDOs didn’t trade. Why would they? AIG had assumed virtually all the credit risk in the most senior tranches. These CDOs never had an ascertainable market value based on comparable sales or industry benchmarks, according to PriceWaterhouseCoopers, AIG’s auditor, and Deloitte & Touche, Maiden Lane III’s auditor. Both accounting firms designated the CDOs as Level 3 assets, explained here . Another level of stupidity was their disregard how residential mortgage-backed securities work. These mortgage bonds are valued according to the credit losses that are expected in the future, not according to the actual losses that have already been recognized. It takes a long time, typically about a year, to recognize an actual loss on a loan after the borrower first becomes delinquent. Usually, a notice of foreclosure is first presented after the 90-day delinquenciy period has passed, later, the lender commences a procedure whereby it “buys” the residence, and then the property sits on the market until it is sold to partially pay down the loan. Because of the time lag, you need to be concerned about paying cash margin long before the final tally of actual losses on a mortgage pool. Goldman had always understood this; Cassano’s people didn’t. Cassano and his management team, who were in the business of trading derivatives, didn’t know squat about liquidity risk. Because AIG never understood the risks it was taking on, it agreed to contract language that gave Goldman and other CDO banks the opportunity to jerk the company’s chain indefinitely. Since the valuation of the CDOs could be debated endlessly, there was an ongoing risk that, at any given moment, Goldman could declare its unmet demands for cash collateral to be an event of default. One default can quickly trigger a series of cross-defaults forcing a bankruptcy. This was why the rating agencies told AIG and the New York Fed that the contingent liabilities tied to these CDOs needed to be removed no later than November 10, 2008 , or AIG would suffer further downgrades. 2. Cassano’s Claim: The CDOs held by Maiden Lane III performed in line with his expectations. The Truth: The CDOs performed in line with the $35 billion write-down taken by AIG when Maiden Lane III was created. Cassano: [M]any of these multi-sector CDOs that we did now reside in Maiden Lane III…And to date that vehicle is performing. I think, you know, I’m sure the commission knows the statistics, the federal government lent that vehicle $24 billion. To date that vehicle has repaid $8 billion through the performance of these transactions. And as far as I can see from where I sit when I look at the portfolio residing in Maiden Lane III, I don’t know — I don’t think any of the transactions have pierced the attachment levels that we had set in our underwriting standards… And as we move through this and we come through the financial crisis, the only thing I can do is look at the existing portfolio and say that it is performing through this crisis and it is meeting the standards that we set. And it’s not the credit risk here that eventually became the issue at hand. These — my point has been that the underwriting standards and the credit risk within these transactions have, to date, been supported and still perform. Reality Check: To recap simply, Cassano insured the CDOs acquired by Maiden Lane III for $62 billion. AIG had paid out $35 billion in cash collateral to the CDO banks before Treasury and the New York Fed began negotiating with the banks. When Maiden Lane III paid the banks an additional $27 billion to acquire the CDOs and tear up the credit default swaps, AIG recognized a loss of $35 billion. Deloitte & Touche valued the CDOs at $27 billion on December 31, 2008 , and that value more or less held steady as of December 31, 2009 . Cassano wants to make it sound as if the CDOs’ performance, after recognition of the $35 billion loss created by him, somehow validates his own reckless performance. When Cassano said, “the only thing I can do is look at the existing portfolio and say that it is performing..” it became obvious that he was lying. Cassano can’t look at the performance of the CDO portfolio because he no longer works at AIG and the performance reports on all CDO portfolios are kept secret. The reports are only disclosed to actual investors of CDOs, who are bound by nondisclosure agreements. (The reports are still kept secret in order to protect the banks and rating agencies from lawsuits.) Cassano was blowing smoke in everyone’s face; he has no idea whether these deals have “pierced the attachment levels,” i.e. crossed the loss threshold when a credit default swap provider must pay out. Again, any half-wit in finance understands the idea of discounting future expected losses to present value. 3. Cassano’s Claim: His books were fully hedged. The Truth: They were never hedged. Commissioner Brooksley Born: With respect to your portfolio as a whole, did you hedge any parts of that portfolio? Cassano: Yes. Born: Which parts? Cassano: Much of that…But we ran — you know, nothing is 100 percent hedged, but the books were generally considered fully hedged. Born: Well, let’s look at your credit derivatives portfolio. I think there was something like more than $560 billion in notional amount of credit derivatives in your portfolio in 2007. Were you actually hedging in the conventional sense or were you relying on tranching and the level at which you were insuring? I want you to answer as to whether you were hedging the way you were hedging your interest rates by taking offsetting positions. Cassano: Perhaps the best way to delineate this is that the super senior credit derivative book, which is the book you’re — the super senior credit derivative book globally, which is the book you’re referencing, had $560 billion. We were using it basically in actuarial basis in order to secure that business. So it wasn’t — it’s not hedged in the conventional sense that you’re talking about buying and selling interest rate risk. Reality Check: Cassano went Orwellian, labeling his unhedged portfolio as “hedged” the in the same manner that East Germany called itself the German Democratic Republic. Every hedge has two offsetting positions. A single position is always unhedged, period. The distinction between a hedged position and an unhedged position that you deem to be low-risk is as big as the Grand Canyon. A hedge protects you against a market shock, when the markets freeze or act in an unexpected manner. A “low-risk” unhedged position has no such protection. Of course, the “actuarial basis” that Cassano relied upon was also bogus. 4. Cassano’s Claim: The risk exposure on the credit default swaps was managed on an actuarial basis. The Truth: They took $78 billion worth of unhedged exposure based on the CDOs’ triple-A ratings. The “actuarial basis” by which these CDOs were evaluated was AIG’s secret financial model developed by Professor Gary Gorton of Yale. It was one of those “Monkey-See-Monkey-Do” models that regurgitated credit ratings but tested nothing. The truth was revealed by Andrew Forster, the former CFO of AIGFP, in testimony given on July 1, 2010. The questioner was Commissioner Peter Wallison: Wallison: So the Gorton model now evaluated the risk of loss on super senior portions of these CDOs. Did the model evaluate the assets or the composition of the assets in the CDOs? Forster: No Wallison: So it just — let me go on a little bit further then and ask — so in your testimony you said that in the summer of 2005 you began thinking more about the multisector CDOs, and you began to question whether the modeling that was needed — the additional analysis of deals — was sufficient, or were they sufficiently taking account of interest-only loans? I think that’s how you phrased it in your testimony. Were you then beginning to ask whether the model was actually looking at the underlying loans and how it was functioning at that point? Forster: I think — just to take a step back, if I may — the — through any business that we did, it always made sense to take a step back at different times and question the assumptions that we were using in any of it. And I think that’s — that’s what we did in July 2005. Some of the questions that I posed at that time, we probably knew the answers to. Others of it was just reinforcing the assumptions that we were making. At the time, what we wanted to do was — the model is obviously only as good as the inputs that you put into it — we wanted to make sure that the underlying loans, underlying reference obligations, we were still comfortable with those and we still felt they — you know, the ratings and things like that reflected the risk that was inherent in it. Wallison: Let me see if I understand correctly. The model did look at the underlying loans, the kinds of loans that were being made. And when you were talking about interest-only loans, for example, those were taken account of in some way in the model, so that if the model was made up of 95 percent interest-only loans, the model would have reflected the risk associated with that? Is that correct? Forster: It’s not quite correct, I think — Wallison: Good. Please correct me. Forster: Sorry. The underlying ratings of the obligations — if you had the subprime obligation — if it was all interest-only or heavily concentrated in certain areas, then the rating of that obligation would reflect that. So if it was all interest-only, the rating agencies would see that as more risky. It would likely then get a lower rating. The model would just take the rating of the instrument. Wallison: Oh, so the model relied on the rating agencies? Forster: Yes, the model — I mean, to a large extent. We made additional changes to it and we stressed the rating agency’s assumptions and we checked that we we were comfortable with the rating agency ratings. But the model basically uses the ratings of the underlying data. To clarify further, if you let the bogus triple-A ratings define the range of possible outcomes, a “stressed” scenario is meaningless. 5. Cassano’s Claim: His people did not rely on the rating agencies to evaluate the risk. The Truth: They sure did. Cassano: We did a fundamental analysis of the transactions. My team reviewed the underlying portfolios and the underlying assets within the portfolios directly. So we were not reliant on the rating agencies to tell us what was good or bad in these portfolios. Reality Check: See 4 above. This is how a liar defends his lies with more lies. 6. Cassano’s Claim: He arranged the CDOs to benefit from structural seniority. The truth: The opposite is true. Cassano insured the senior tranches of CDOs compiled of deeply subordinated claims of risky subprime mortgage portfolios. Cassano: I think what you need to look at within these transactions is the underwriting standards that we committed to, to do these transactions. I’ve heard this phrase that it’s a one-sided bet. But when you think about the protections that we built into the contracts through the subordination levels, through the structural supports that we built into the contracts and then through this very, very strict underwriting standards we performed, it — this was extremely remote risk business. Reality Check: Any residential mortgage asset that was not initially rated triple-A is deeply subordinated, at the bottom 20% of the capital structure. The deeply subordinated tranches of subprime mortgages were packaged into CDOs , with senior tranches that were rated triple-A and insured by AIGFP. Structural seniority in a CDO only indicates that you’re better off than the suckers beneath you. It’s like having the top bunk in steerage on the Titanic. 7. Cassano’s Claim: The New York Fed handed over $40 billion to the CDO counterparties. The Truth: He inflated the number by 50% to give the false impression that most of the cash had been paid out at the initiative of the New York Fed. Cassano: For the credit default portfolio the federal government paid $40 billion. But one of the things I wonder about when I look at that is I’ve never understood why the $40 billion was accelerated to the counterparts. Now, I haven’t been involved in that and I’m only looking at it from afar. But when I think about the contractual defenses and the contractual rights we had in the contracts, it has caused me to scratch my head and ask why was it that $40 billion was accelerated to the counterparts. Reality Check : A lying liar lied about the dollar amount paid by the New York Fed, and about the criteria that drove negotiations. The CDO counterparties received $35 billion, paid out by AIG before it allowed the New York Fed to take the lead in negotiations, on Thursday November 6, 2008, well past the point when there was time to negotiate anything. There were no clear-cut contractual defenses because there were no clear standards for calculating collateral. The rating agencies told AIG, Treasury and the Fed that AIG’s failure to remove the contingent cash calls from the CDOs by Monday November 10, 2008 would cause them to further downgrade the company, and thereby precipitate a bigger liquidity crisis from collateral calls imposed by AIG’s ratings triggers. Cassano acts like Heinrich Himmler critiquing the Marshall Plan.

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Quiet Hybrids: Are They More Dangerous?

July 5, 2010

WASHINGTON — The age of the silent hybrid may be coming to an end. Gas-electric hybrids, propelled by electric motors at low speeds, are well-known for their quiet ride and great mileage. But their silence isn’t always golden. Some researchers and safety groups say that quiet operation – “hybrid creep” – can pose risks for unsuspecting pedestrians and the blind, who use sound cues. Advocates for the blind have sought the addition of artificial noises in hybrids for several years, concerned that the expected sales growth of hybrids could lead to more pedestrian fatalities and injuries. Hybrids account for about 2 percent of new car sales each year but auto companies are expected to boost production in advance of tougher fuel efficiency standards this decade. “This is an example of too much of a good thing,” said John Pare, executive director for strategic initiatives with the National Federation of the Blind. “Cars got quieter, that was good. Suddenly they got to be so quiet that it added an element of danger.” The government’s auto safety agency said in a research report last year that hybrid vehicles are twice as likely to be involved in pedestrian crashes at low speeds compared with cars with conventional engines. The study by the National Highway Traffic Safety Administration examined circumstances in which the vehicles were slowing down or coming to a stop, backing up or entering or departing a parking space. More than 4,300 pedestrians were killed in 2008, according to the most recent data available. The government has been researching the safety risks that hybrids and electrics could pose for pedestrians, particularly the blind, along with the elderly and children, for vehicles traveling at 20 mph or less. When a car is going faster, the friction between the tire and the road’s surface makes the vehicle louder. The quiet hybrid phenomenon already has its place in pop culture. In an episode of NBC’s “The Office,” paper salesman Andy Bernard uses his stealthy blue Toyota Prius to sneak up on Dwight Schrute and pin his bitter rival against a hedge. One concerned co-worker, watching the unfolding drama, says “the Prius is silent if he keeps it under 5 miles per hour.” Congress is heeding the warnings, adding sound performance requirements for hybrids and electric cars to an auto safety bill being considered after the massive Toyota recalls. Lawmakers could consider the changes this summer and car companies most likely would have to have the sounds ready to go three years after the release of new government rules. Automakers helped develop the proposal in Congress and are moving forward with new artificial sounds that will be emitted from electric cars and future hybrid models. Nissan Motor Corp. has produced distinct sounds for the Leaf, the electric car expected to go on sale this year, when the vehicle accelerates or moves in reverse. When the Leaf speeds up to 20 mph, it automatically will use a soft whirring sound that changes pitch as the car accelerates. When the Leaf backs up, an intermittent bell will ring to warn those nearby. The Japanese automaker consulted with acoustic psychologists and Hollywood sound designers to find a tone that addresses drivers, pedestrians and the community. “It was kind of like peeling back an onion. The more we worked on it, the more issues came up, the more of a balancing act it became,” said Andy Christensen, a manager with Nissan’s North American Technical Center near Detroit. Nissan plans to use the sounds on the Infiniti M35 hybrid to be released in 2012. General Motors Co. wanted a more subtle chirp on its Chevrolet Volt, so it chose an alert horn that lets the driver warn an unknowing bystander. “We didn’t want to blast the horn at them and figuratively smack the people in the nose,” said Doug Moore, a vehicle performance engineer for the Volt project. “We just wanted to tap them on the shoulder and say, ‘Hey I’m here.’” Other automakers are hard at work, too. Toyota Motor Corp., which makes the top-selling Prius hybrid, is studying artificial sounds for hybrids when the vehicle is propelled by its electric motor at low speeds. Ford Motor Co. is working to bring external sounds to future hybrids and electrics, including its Focus electric car, expected in 2011, and a next-generation hybrid and plug-in hybrid vehicle planned for 2012. Nancy Gioia, Ford’s director of global electrification, said car companies should consider standardizing tones from future hybrids and electrics to avoid a cacophony of confusion on the streets. “It can’t be like cell phones where we all select our own sound and we tune out everybody else’s but our own,” Gioia said. Some green car advocates have questioned the need for the extra tones and noted that the requirement could add more noise to neighborhoods. Paul Scott, vice president of Plug In America, said the sounds could help under certain circumstances, but drivers should have the right to activate the tones. “After hearing how innocuous the Nissan Leaf sound is, maybe it’ll be a minor irritant for us, but I suspect people will tire of it eventually and seek ways to disable the noise,” Scott said in an e-mail from Japan, where he was test-driving the car. Les Blomberg, who is the founder of the Noise Pollution Clearinghouse, said reducing noise from the loudest vehicles, such as trucks, buses and motorcycles, would increase the ability of pedestrians to detect sound. Adding sounds to hybrids, however, would simply enhance noise pollution and make it more difficult to hear an individual vehicle in traffic. ___ Online: National Federation of the Blind: http://quietcars.nfb.org National Highway Traffic Safety Administration report: http://tinyurl.com/y8vwe37 Plug In America: http://www.pluginamerica.org Nissan Leaf: http://tinyurl.com/y5ckpck Chevy Volt: http://tinyurl.com/y5ckpck Toyota Prius: http://www.toyota.com/prius-hybrid Noise Pollution Clearinghouse: http://nonoise.org/

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Toyota Recall 2010: Beleaguered To Recall 270,00 Cars Globally

July 2, 2010

TOKYO — Toyota Motor Corp. will recall 270,000 Lexus and other vehicles worldwide to fix faulty engines in the latest quality lapse at the world’s No. 1 automaker. Flaws in valve springs, a crucial engine component, could make the vehicle stall while it’s moving, Toyota spokesman Hideaki Homma said Friday in announcing the recall. Lexus General Manager Mark Templin said contaminated materials had been used for valve springs during manufacturing. Toyota has received about 200 complaints over faulty engines in Japan but no accidents were reported there or abroad, Homma said. Some drivers told Toyota that engines made a strange noise. The global recall that starts Monday affects seven luxury Lexus sedan models as well as the popular Crown, Toyota spokesman Paul Nolasco said. Of the 270,000 recalled cars, some 180,000 were sold overseas, including the United States, and 90,000 in Japan. The automaker was already scrambling to repair its reputation after 8.5 million vehicles were recalled beginning in October because of problems with sticking accelerator pedals and other issues. Toyota was slapped with a record $16.4 million fine in the United States for acting too slowly to recall vehicles with defects. Japan’s major daily Asahi said Friday the latest recall of 270,000 vehicles could cost Toyota around 20 billion yen ($227 million). Toyota could not confirm the report, which gave no sources. Toyota will inform Japan’s transport ministry of a recall of 90,000 vehicles on Monday. Nolasco said it was unclear how many vehicles would be recalled in the United States, and Toyota will take action for overseas markets as soon as next week. Lexus said Thursday about 137,000 vehicles could be affected by the engine problem in the U.S. Ryoichi Saito, an auto analyst from Mizuho Investors Securities Co. Ltd., said the latest recall was unlikely to hurt Toyota. “It is clear that Toyota has learned a lesson from the recall disaster. The company has acted very swiftly to deal with problems,” Saito said. Toyota dealers have repaired millions of vehicles following the massive global recalls, but the automaker still faces more than 200 lawsuits tied to accidents, the lower resale value of Toyota vehicles, and the drop in the company’s stock. Toyota said last week it will recall 17,000 Lexus luxury hybrids after testing showed that fuel can spill during a rear-end crash. U.S. regulators were working with scientists from NASA to investigate what caused some of Toyota’s vehicles to suddenly accelerate. That review is expected to be completed by late August. Officials were also investigating whether Toyota waited nearly a year in 2005 to recall trucks and SUVs in the U.S. with defective steering rods, a case that could lead to additional fines. ___ Associated Press writer Ken Thomas in Washington contributed to this report.

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Mayors Beat World Leaders Promoting Cycle Paths

June 4, 2010

By Mark Scott and Jeremy van Loon June 4 (Bloomberg) — Los Angeles: city of freeways, smog, and — bike lanes? That’s where Mayor Antonio Villaraigosa wants to take his town. In one of the less likely transformations in the global effort to cut carbon output, Los Angeles plans to spend $230 million on 1,700 miles of bicycle paths, Bloomberg Businessweek reports in its June 7 issue. Most of the program will be completed by 2015, and includes changing rooms, showers, and bike storage areas operated by the city and private partners, the city’s Web site says. It comes on top of subsidies for installing solar panels and incentives for planting trees and switching to electric vehicles. “We have to make a change,” says Michelle Mowery, senior coordinator for the city’s bike program. “We can’t fit any more cars in.” From the freeways of Los Angeles to the canals of Amsterdam, cities are taking the lead in the fight to reduce carbon-dioxide emissions. As world leaders squabble over how to cut greenhouse gases, city hall is becoming the best hope for reducing heat-trapping emissions, Peter Lacy, a sustainability consultant at Accenture, said in an interview. Given their smaller jurisdictions, local officials can green-light eco-projects faster than national programs can be started. ‘Right Now’ “We’re not going to wait for national politicians, we’re acting right now,” Toronto Mayor David Miller said in an interview. His city plans to invest more than $1 billion in public transport and eco-friendly air-conditioning systems for buildings by 2017. The efforts could have a profound impact. Cities are home to more than half the world’s population and pump out more than two-thirds of CO2 globally. That may grow as people flock to megacities in the developing world, Angel Gurria , the secretary general of the Organization for Economic Cooperation and Development, said in Paris last month. “It’s obvious where the fight for a sustainable civilization will be decided, and that’s in large cities,” said Peter Loescher , chief executive officer of Siemens AG, which aims to profit from selling its streetcars, wind turbines, and other technologies to municipalities worldwide. Just as no two cities are alike, there are differences in local strategies. In Toyko, 68 percent of trips are already made by bike, subway, or on foot. Houston residents, by contrast, make 95 percent of their journeys by car. Markets vs Vehicles So while the Texas city is giving officials electric vehicles to reduce emissions, the Japanese capital in April announced a citywide CO2 cap-and-trade program, the kind the U.S. Senate has been unable to pass so far. Copenhagen will spend $1.6 billion by 2012 on bike paths, green energy projects, and retrofitting city buildings, said Frank Jensen, the city’s lord mayor. “We have a responsibility to our citizens to reduce emissions because so much carbon dioxide comes from cities,” he said in an interview. Melbourne plans to bar cars from downtown and offer incentives to developers who invest in efficiency. “It’s a green gold rush,” Melbourne Lord Mayor Robert Doyle said in an interview. London’s Effort London’s Mayor Boris Johnson is targeting a 400 percent increase in cycling over 2001 levels by 2026, according to the Transport for London website. The city’s government is opening designated cycling lanes across the capital it expects will add 120,000 cycle trips per day. The government is also making 6,000 bikes available for the public to rent from this summer. Johnson, who is also considering car-free days to fight pollution in the capital, rode with 65,000 cyclists across London last September. In Amsterdam, city elders are in the midst of a five-year, $1 billion program to improve creaking infrastructure. All of Amsterdam’s 2,400 houseboats have been fitted to use electricity instead of diesel. They’re now converting cargo barges as well. And some 300 homes are testing display panels that show energy usage in real-time, a program that may be expanded citywide. If residents can be convinced to take advantage of the technology to cut power use at peak times, their electricity bills could fall by up to 40 percent, said Ger Baron, senior project manager at the venture overseeing the project. “Our biggest challenge is changing people’s habits,” he said. Not to be outdone, New York has laid out a program called “PlaNYC.” The measures includes tax breaks for solar panels, legal changes that spur property owners to make buildings more energy-efficient, and power plants that use food waste and wood chips. Though a proposal to charge a congestion fee for drivers entering much of Manhattan was scrapped, New York officials aim to quadruple its 450 miles of bicycle paths by 2030. New York’s plan has even sparked envy on the West Coast. “Los Angeles isn’t New York,” said L.A. cycling chief Mowery. “But we’re getting there.” To contact the reporters on this story: Mark Scott in London at mscott50@bloomberg.net . Jeremy Van Loon in Berlin at jvanloon@bloomberg.net

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Ford to Invest $135 Million, Add 220 Jobs in Michigan in Electric-Car Push

May 24, 2010

By Keith Naughton May 24 (Bloomberg) — Ford Motor Co. , working to make a quarter of its vehicles run at least partly on electricity, plans to invest $135 million and add 220 jobs at three Michigan facilities to help it introduce five such models by 2012. About 50 engineers will be hired for a research and development center to be created in the Detroit area, John Stoll , a Ford spokesman, said today in an interview. Ford plans to add 170 production workers at two Michigan plants, he said. Ford has said it will begin selling two electric vehicles and three new hybrids by 2012 and that such models will constitute 10 percent to 25 percent of its worldwide fleet in a decade. Automakers are developing models powered entirely or in part by electricity to meet U.S. fuel-economy standards. “Ford has been at the forefront of layering this new technology into their vehicles,” Michael Robinet , an auto- industry analyst with CSM Worldwide in Northville, Michigan, said in a telephone interview. “It’s been an incremental strategy, but one that’s well thought-out and bodes well for their future.” Ford fell 25 cents, or 2.2 percent, to $11.01 at 4 p.m. in New York Stock Exchange composite trading . The shares have gained 10 percent this year. Hybrid Sales Sales of the four hybrids Ford now offers are up 55 percent this year, according to researcher Autodata Corp. of Woodcliff Lake, New Jersey. Hybrids made up 1.6 percent of Ford’s U.S. light-vehicle sales through April, up from 1.4 percent in 2009. Ford plans to introduce a gasoline-electric version of its Lincoln MKZ sedan, the brand’s best-selling model, this year. The company also is rolling out electric versions of the Transit Connect van this year and Focus small car in 2011 in the U.S. The electric models will come out 6 months to 12 months later in Europe, Ford said. For hybrid sales to gain, gas prices must rise and governments must provide incentives to consumers, Mark Fields , Ford’s president of the Americas, told reporters after an announcement at a factory in Ypsilanti, Michigan. The plant will get 40 new positions to build hybrid and electric-car batteries. “Sales of hybrids always depend on the price of a gallon of gas when folks roll up to the pump,” Fields said. “Our view is that gas prices will continue to rise.” U.S. rules require an average companywide fuel economy rating of 35.5 miles per gallon in 2016, up from 25 mpg now. Ford has eliminated 47 percent of its North American workforce since 2006, and had 70,000 workers in the region at the end of the first quarter. The company has cut costs and overhauled its model lineup to become less dependent on sport- utility vehicles and pickup trucks. More Hiring There is a “high probability” Ford will hire new workers at the two Michigan factories making parts for electric vehicles beginning in 2012, Fields said. Those new workers would make $14 an hour, half of what workers now make, he said. “We’ve got to work the process, but at the end of the day, we’ll probably see some hiring,” Fields said. Ford is adding about 1,500 positions this year at plants in Chicago and Wayne, Michigan, while laying off 900 workers at a Mustang factory in Flat Rock, Michigan. Ford now has about 450 workers on indefinite layoff, Fields said. That number could grow to 900 once the Mustang factory ends its second shift in July, said Marcey Evans , a Ford spokeswoman. The automaker ended three years of losses with a $2.7 billion profit last year as the U.S. auto market fell to the lowest level in 27 years. To contact the reporter on this story: Keith Naughton in Southfield, Michigan, at Knaughton3@bloomberg.net .

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Toyota Chief Says Recall Crisis `Good Lesson,’ Carmaker to Emerge Stronger

May 22, 2010

By Alan Ohnsman and Makiko Kitamura May 22 (Bloomberg) — Toyota Motor Corp. President Akio Toyoda said scrutiny from inside and outside the company has been a “good lesson” and he expects the carmaker to emerge stronger after recalling millions of vehicles worldwide. “There is a Japanese proverb: After the rain, the ground hardens,” Toyoda said in an interview in Palo Alto, California, this week. “I am very confident we will look back and say the company has become more focused on our customers and safety because we went through this period.” The company, based in Toyota City, Japan, is working to rebuild its reputation after recalling more than 8 million vehicles for defects linked to unintended acceleration. Toyoda, 54, who replaced Katsuaki Watanabe as president almost a year ago, has said the problems may be connected to Toyota’s rapid expansion as it grew to become the world’s largest carmaker. “This was a very difficult start,” Toyoda, grandson of the company’s founder, said about the timing of his promotion. “But I’ve also become reacquainted with Toyota’s strengths, including our loyal customers, suppliers and dealers.” Toyota was fined after recalling gas pedals in Europe months before doing so in the U.S. The automaker’s recalls for pedals and floor mats that may trap accelerators triggered four U.S. Congressional hearings, including one in February attended by Toyoda and other top executives, and the latest on May 20. Toyota’s American depositary receipts, each representing two ordinary shares, rose $1.59, or 2.1 percent, to $75.59 yesterday in New York Stock Exchange composite trading. Toyota fell 1.9 percent in Tokyo yesterday to 3,355 yen. Investigation The U.S. Transportation Department continues to investigate Toyota’s handling of past recalls. The National Highway Traffic Safety Administration fined Toyota a record $16.4 million last month for failing to promptly notify it of the pedal defect and this month began investigating a 2005 recall for faulty truck steering-relay rods. “Customer safety is a concern we share with NHTSA and we will continue to cooperate fully,” Toyoda said. Toyota has formed a global quality committee, headed by Toyoda, which held its first meeting on March 30. It’s also establishing new technology centers globally to gather local information on suspected quality problems and quicken decision- making on recalls. Lost sales due to the recalls for the fiscal year ended in March amounted to about 50,000 vehicles, down from an earlier estimate of 100,000, Toyota Senior Managing Director Takahiko Ijichi said on May 12. Toyota’s U.S. sales rose 24 percent in April after the automaker added discounts across its lineup. Rising Competition The company must fend off increasing competition in the U.S. from Ford Motor Co. and Hyundai Motor Co. ’s new models, said Jessica Caldwell , senior analyst at Edmunds.com., an auto industry researcher in Santa Monica, California. Sales of Hyundai’s revamped Sonata sedan, introduced in the U.S. in February, soared 57 percent in April. The model competes with Toyota’s Camry, sales of which gained 10 percent last month. Ford’s April sales rose 25 percent. Separately, Toyota announced that it will acquire a $50 million stake in electric-car maker Tesla Motors Inc., maker of the $109,000 Roadster. Tesla Chief Executive Officer Elon Musk said his company will buy a Toyota joint-venture factory in California to build its Model S and other vehicles. The companies will cooperate in developing electric cars, parts, production systems and engineering support, they said in a joint statement. The tie-up brings Toyota, the world’s biggest seller of hybrid autos, together with Tesla, the only company now selling U.S. highway-legal battery-powered cars. ‘Infinite Possibility’ “I’ve felt an infinite possibility about Tesla’s technology,” Toyoda said. “By partnering with Tesla, my hope is that all Toyota employees will recall that ‘venture business’ spirit.” The deal may help Toyota compete with Nissan Motor Co. and General Motors Co. in selling electric cars in the U.S., where regulations are pushing them to offer low-emission vehicles. It may also boost Toyota’s image by reviving the New United Motor Manufacturing Inc. joint-venture plant, closed in April, in Fremont, California. The reopening of Nummi, for 25 years a joint venture between Toyota and the former General Motors Corp., may eventually create 10,000 jobs, Musk said. “We were able to reach this conclusion in just a month,” Toyoda said. “This is something we can be proud of.” To contact the reporters on this story: Alan Ohnsman in Los Angeles at aohnsman@bloomberg.net ; Makiko Kitamura in Tokyo at mkitamura1@bloomberg.net .

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Toyota’s President Says Carmaker Will Become Stronger After `Good Lesson’

May 21, 2010

By Alan Ohnsman and Makiko Kitamura May 21 (Bloomberg) — Toyota Motor Corp. President Akio Toyoda said scrutiny from inside and outside the company has been a “good lesson” and expects the carmaker to emerge stronger after recalling millions of vehicles worldwide. “There is a Japanese proverb: After the rain, the ground hardens,” Toyoda said in an interview in Paul Alto, California, yesterday. “I am very confident we will look back and say the company has become more focused on our customers and safety because we went through this period.” The Toyota City, Japan-based carmaker is working to rebuild its reputation after recalling more than 8 million vehicles worldwide for defects linked to unintended acceleration. Toyoda, 54, who replaced Katsuaki Watanabe as president almost a year ago, has said the problems may have been connected to the company’s rapid expansion in recent years, as it ascended to the top of the industry. “This was a very difficult start,” Toyoda, grandson of the company’s founder said, referring to the timing of his promotion. “But I’ve also become reacquainted with Toyota’s strengths, including our loyal customers, suppliers and dealers.” Toyota was fined after it fixed gas pedals in Europe months before the same change was offered for cars in the U.S. The automaker’s recalls for pedals and floor mats that held down accelerators triggered four U.S. Congressional hearings, including one in February attended by Toyoda and other top executives, and the latest on May 20. Investigation The U.S. Transportation Department continues to investigate Toyota’s handling of past recalls. The National Highway Traffic Safety Administration, which fined Toyota the maximum $16.4 million last month for failing to promptly notify the agency about defects tied to unintended acceleration, earlier this month opened an investigation into a 2005 recall for faulty truck steering-relay rods. “Customer safety is a concern we share with NHTSA and we will continue to cooperate fully,” Toyoda said. The company has formed a global quality committee, headed by Toyoda, which held its first meeting on March 30. It is also establishing new technology centers globally to gather local information on suspected quality problems and quicken decision- making on recalls. Lost sales due to the recalls for the fiscal year ended in March amounted to about 50,000 vehicles, compared with an earlier estimate of 100,000, Toyota Senior Managing Director Takahiko Ijichi said on May 12. Toyota’s U.S. sales rose 24 percent in April after the automaker added discounts across its lineup. Rising Competition Still, the Japanese carmaker must fend off increasing competition in the U.S. from Ford Motor Co. and Hyundai Motor Co. ’s new models, said Jessica Caldwell , senior analyst at Edmunds.com., an auto industry researcher in Santa Monica, California. Sales of Hyundai’s revamped Sonata sedan, which was introduced in the U.S. in February, soared 57 percent in April. The model competes with Toyota’s Camry, sales of which gained 10 percent last month. Ford’s April sales rose 25 percent. Separately, Toyota announced that it will acquire a $50 million stake in electric-car maker Tesla Motors Inc., maker of the $109,000 Roadster. Tesla will buy a Toyota joint-venture factory in California to build its Model S and other vehicles, Tesla Chief Executive Officer Elon Musk said yesterday. The companies will cooperate in developing electric cars, parts, production systems and engineering support, they said in a joint statement. The tie-up brings Toyota, the world’s biggest seller of hybrid autos, together with Tesla, the only company now selling U.S. highway-legal battery-powered cars. ‘Infinite Possibility’ “I’ve felt an infinite possibility about Tesla’s technology,” Toyoda said. “By partnering with Tesla, my hope is that all Toyota employees will recall that ‘venture business’ spirit.” The deal may help Toyota compete with Nissan Motor Co. and General Motors Co. in selling electric cars in the U.S., where regulations are pushing them to offer low-emission vehicles. It may also boost Toyota’s image by reviving the New United Motor Manufacturing Inc. joint-venture plant, closed in April, in Fremont, California. The reopening of NUMMI, for 25 years a joint venture between Toyota and the former General Motors Co., may eventually create 10,000 jobs, Musk said. “We were able to reach this conclusion in just a month,” Toyoda said. “This is something we can be proud of.” To contact the reporters on this story: Alan Ohnsman in Los Angeles at aohnsman@bloomberg.net ; Makiko Kitamura in Tokyo at mkitamura1@bloomberg.net .

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Gunfire, Explosions Rock Bangkok as Troops Surround Protesters’ Camp Site

May 18, 2010

By Daniel Ten Kate and Supunnabul Suwannakij May 19 (Bloomberg) — Gunfire and explosions rocked central Bangkok as troops backed by helicopters and armored vehicles converged on a camp occupied by several thousand anti-government demonstrators seeking to oust Prime Minister Abhisit Vejjajiva . Security forces are setting a perimeter around the site to restore order, government spokesman Panitan Wattanayagorn said in a televised broadcast. The operation, covering several locations, will last throughout the day, he said. Plumes of black smoke rose above the edge of the site close to the financial district of Silom Road and near a highway on Rama IV about a kilometer away. A projectile was shot at troops from Lumpini Park as two armored personnel carriers pulled up to a barrier. Soldiers advanced along Wireless Road and television footage showed army vehicles smashing through barricades. Today’s operation “seems like the final war, the final battle,” Senator Lertrat Ratanavanich , a retired general who has tried to mediate a peace deal, said by phone in Bangkok. “I don’t think they will stop short because they are coming very close to the center.” A military assault on an encampment containing many women and children would risk triggering protests outside the capital, escalating a conflict that has laid bare a widening class divide. Street battles in the past week between security forces and Red Shirt demonstrators have killed at least 39 people in Thailand’s deadliest political conflict since 1992. Deepening Divisions “After today the divisions in the country will get even deeper,” said Michael Nelson, a visiting scholar at Bangkok’s Chulalongkorn University. “How can you have a stable political system when two large areas of the country are no-go zones for the two major political parties?” The benchmark SET Index dropped 0.8 percent as trading began. The market will close at 12:30 p.m. local time after the morning session, the Stock Exchange of Thailand said in a mobile phone text-message alert. The cost of credit-default swaps insuring Thai government debt from default climbed 8 basis points to 158 basis points as of 9:15 a.m. in Singapore, according to BNP Paribas SA prices. The baht weakened 0.15 percent. Water Cannon Soldiers fired warning shots and water cannons at Lumpini Park, and fires burned at commercial buildings close to a boxing stadium, Channel 3 Television reported. Demonstrators sang songs around the main stage of a camp that has been their makeshift home since April 3, a live broadcast from the group showed. Casualties from today’s clashes are being rushed to a hospital next to the stage, MCOT TV reported. Many demonstrators are loyal to exiled former Prime Minister Thaksin Shinawatra , a billionaire who won over the poor in the northeast of the country by giving them cheap health care and loans. The demonstrators, angered by one of Asia’s widest income gaps, say Abhisit embodies a privileged class of military officers, judges bureaucrats and royal advisers that sits above the law. Korbsak Sabhavasu, an Abhisit aide who is leading negotiations with the Red Shirts, said yesterday in an interview that Thaksin is blocking a negotiated settlement by insisting that his corruption conviction be overturned. Thaksin Case Thaksin, who was ousted by the Thai army in 2006, said in a statement on May 16 that he wanted both sides to step back. He fled the country in 2008 before a court sentenced him to two years in prison for helping his wife buy land from the government while still in power. Protest leaders yesterday said they’d be willing to accept an offer by the Senate to mediate a cease-fire agreement. The main stumbling block has been demands from both sides that the other make the first move. The protest site contains dozens of office buildings and condominiums, as well as two hospitals, including one right next to the main stage. Using loudspeakers, authorities told women and children to leave the protest site, the state-owned NBT television network reported today. Since 1946, when King Bhumibol Adulyadej took the Thai throne as an 18-year-old, Thailand has seen nine coups and more than 20 prime ministers. Only two of 17 constitutions since absolute monarchy ended in 1932 have mandated parliaments that are entirely elected. The king, who is revered across the nation, has been in hospital since Sept. 19 and hasn’t spoken publicly about the current demonstrations. Abhisit himself has never won a national election: He was picked by legislators in December 2008 after a court dissolved the pro-Thaksin ruling party for election fraud. The decision coincided with the seizure of Bangkok’s airports by protesters wearing yellow shirts who oppose Thaksin. To contact the reporter on this story: Daniel Ten Kate in Bangkok at dtenkate@bloomberg.net

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Goldman Lawyers to Face SEC Deputy Director Lorin Reisner in Fraud Lawsuit

May 18, 2010

By David Glovin May 18 (Bloomberg) — Lawyers for Goldman Sachs Group Inc. will face Lorin Reisner , the deputy director of enforcement for the Securities and Exchange Commission, in the agency’s lawsuit over the bank’s use of subprime mortgage-backed securities. Reisner today filed a one-sentence “notice of appearance” in the case in Manhattan federal court, indicating he will participate. Reisner, who worked at the law firm Debevoise & Plimpton LLP before joining the SEC last year, was an assistant U.S. attorney in New York from 1990 to 1994. “It sends a strong message that the enforcement division is both stepping up to the plate and standing behind its case,” said Jacob Frenkel , a former SEC enforcement division attorney, who isn’t involved in the Goldman lawsuit. “It’s unusual, but it’s a logical and brilliant move when you have skilled trial lawyers who are part of senior management who step forward.” Goldman Sachs, which reported record earnings last year, and a company executive director, Fabrice Tourre , were sued by the SEC in April for misleading investors in mortgage-linked securities. The SEC alleged that the firm wasn’t forthcoming about the role that a hedge fund, Paulson & Co., played in selecting and betting against the instrument. New York-based Goldman Sachs has denied wrongdoing. John Heine , a spokesman for the SEC, didn’t immediately return a call. SEC Accusations According to the complaint, Goldman Sachs created and sold collateralized debt obligations linked to subprime mortgages in early 2007, as the U.S. housing market faltered, without disclosing that Paulson & Co. helped pick the underlying securities and bet against the vehicles. As a prosecutor, Reisner handled cases involving financial crimes, public corruption, organized crime, narcotics and firearms offenses, the SEC said last year in a statement. He had been a litigation partner at Debevoise since 1996, where he focused on white-collar crime and internal investigations. The case is Securities and Exchange Commission v. Goldman Sachs, 10-cv-03229, U.S. District Court, Southern District of New York (Manhattan). To contact the reporters on this story: David Glovin in New York federal court at dglovin@bloomberg.net and;

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Toyota Delayed Steering Recall By Almost A Year In U.S.

May 10, 2010

MIAMI — Toyota waited nearly a year in 2005 to recall trucks and SUVs in the United States with defective steering rods, despite issuing a similar recall in Japan and receiving dozens of reports from American motorists about rods that snapped without warning, an Associated Press investigation has found. The lengthy gap between the Japanese and U.S. recalls – strikingly similar to Toyota’s handling of the recent recall for sudden acceleration problems – triggered a new investigation Monday by the National Highway Traffic Safety Administration, which could fine the automaker up to $16.4 million. That was also the amount Toyota paid last month in the acceleration case. “Our team is working to obtain documents and information from Toyota to find out whether the manufacturer notified NHTSA within five business days of discovering a safety defect in U.S. vehicles,” NHTSA Administrator David Strickland said in a statement. Federal regulators “are taking this seriously and reviewing the facts to determine whether a timeliness investigation is warranted,” NHTSA spokeswoman Karen Aldana told the AP in response to questions about the 2005 recall. An automaker is required to notify NHTSA about a defect within five days of determining one exists. NHTSA has now linked 16 crashes, three deaths and seven injuries to the steering rod defect. When a steering rod snaps, the driver cannot control the vehicle because the front wheels will not turn. The AP reviewed hundred of pages of court documents, including many of Toyota’s internal communications from the period when the steering problems first emerged. The AP also analyzed government files and complaints from drivers who experienced trouble behind the wheel. After the 2004 Japanese recall, Toyota claimed initially that it had scant evidence of a steering rod problem among U.S. trucks and SUVs. But the AP found that the automaker had received at least 52 reports from U.S. drivers about the defect before vehicles were recalled in Japan. Toyota told the AP that it has now confirmed seven total cases in the U.S. of steering problems in the T100 small pickup and no reports of accidents or injuries. Company spokesman Brian Lyons said Monday that the automaker received an information request from NHTSA and intended to cooperate with the agency’s inquiry. Toyota claimed in a 2004 letter to NHTSA obtained by the AP that driving conditions in Japan were so different from those on U.S. roads that a recall was not necessary for 4Runner SUVs and T100 pickup trucks, known in Japan as the Hilux and Hilux Surf. That was despite the vehicles having nearly identical steering components, according to company documents filed with NHTSA. In the October 2004 letter, the company told the agency there were differences between left- and right-hand drive vehicles and that Toyota “believes that the unique operating conditions in Japan, such as frequent standing full lock turns, such as for narrow parking spaces and close quarters maneuvering, greatly affects the occurrence of this problem.” In addition, Toyota insisted to U.S. regulators the company had only scattered reports by 2004 from U.S. drivers about the steering problems. However, company documents that surfaced in a 2009 lawsuit show Toyota received 35 complaints through its customer service department – four formal complaints to its legal department and 13 warranty claims through dealers before the 2004 recall. The company later acknowledged in court documents that it received at least some letters from U.S. customers whose steering rods had broken. Yet it was not until September 2005 – 11 months after the Japanese recall began – that Toyota issued a recall in the U.S. for nearly 1 million 4Runners and Toyota trucks from model years 1989 to 1995, and T100s from model years 1993 to 1998, to repair steering rods. Last month, Toyota agreed to pay a $16.4 million fine for delaying its recalls of millions of vehicles to replace floor mats that can trap accelerator pedals and accelerator pedals that can stick. The attorney for an Idaho family suing Toyota over the steering issue now says there are strong parallels between the 2005 steering recall and the accelerator situation. On Monday, California attorney John Kristensen said Toyota failed to meet its obligation to promptly notify the agency about a vehicle defect. Kristensen represents the family of 18-year-old Michael “Levi” Stewart, who was killed in a 2007 accident. “They clearly had evidence. They clearly had problems in the U.S.,” Kristensen said. “They’ve got to be held responsible for misleading the U.S. government about why they weren’t doing a recall in the United States.” NHTSA is also reviewing whether Toyota improperly delayed for six weeks the January recall of the 2009-2010 Venza in the United States to address floor mats that could trap accelerator pedals. The company had made a similar recall in Canada six weeks earlier. Earlier Monday, Transportation Secretary Ray LaHood met with top Toyota executives in Japan and said the company could face additional fines for safety-related issues. LaHood said investigators are going through some 500,000 Toyota documents. A determination on new fines probably will not be made for months. In Stewart’s death, Toyota acknowledged in a 2009 filing that the company was contacted by two U.S. drivers complaining of broken steering rods in 2002 and 2003 but emphasized “the fact that a steering rod broke is not in and of itself evidence of the recall condition.” The reports uncovered in the Stewart lawsuit tell a different story. One motorist who wrote in 2002 to Toyota urged the company to do something after the steering rod broke on his 1997 T100 pickup. “I bring this evidence to your attention because of the obvious safety hazard,” wrote Yigal Schacht of Flushing, N.Y. “Had this fracture in the center link occurred even 10 minutes later, I would have been traveling on the Long Island Expressway, and without steering, surely a horrific tragedy would have ensued.” The Toyota steering recall in Japan began after a highly publicized accident in which five people were injured after a steering rod snapped, leading to a criminal investigation there of Toyota executives involving the timing of the recall. Ultimately, Japanese prosecutors decided not to file professional negligence charges against the executives. The Stewart case is one of four lawsuits that were filed in state courts after the U.S. steering recall and the only one drawing close to trial, which is set for November in Los Angeles. In addition to the defective vehicle, the Stewart family is claiming Toyota’s 2005 recall was faulty because it repaired only about a third of the vehicles – far below the 70 percent level that is the typical goal under NHTSA guidelines. NHTSA officials cautioned, however, that repair levels for older vehicles are often lower because many of them are not in use any more. Stewart was killed Sept. 15, 2007, while driving friends home in his 1991 Toyota pickup near Fairfield, Idaho. Toyota has said in court documents that the steering rod may have broken on impact rather than before the crash and has suggested the crash may have been alcohol related. Stewart’s blood-alcohol level was 0.03, within Idaho’s legal limits. “Stewart was under the influence and speeding” before the accident, Toyota said in one filing. Kristensen said Stewart drank “half a beer” that night and was the group’s designated driver. If the recall had been performed sooner and more efficiently, “it could have saved Levi Stewart’s life,” the attorney said. Similar claims are being made today in hundreds of lawsuits against Toyota over the sudden unwanted acceleration problem, which NHTSA has linked to 52 deaths in the U.S. ___ Associated Press Writer Ken Thomas in Washington contributed to this report.

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Hong Kong Air Pollution Worst on Record, Dissatisfaction Grows

May 3, 2010

By Debra Mao May 3 (Bloomberg) — Hong Kong’s air pollution was the worst on record during the past two quarters, sparking regular government health warnings and growing discontent among the city’s 7 million people. Roadside pollution was either “very high” or “severe” 13.6 percent of the time from January to March and 23.8 percent of the time in the October-December period last year, compared with a previous high of 13.4 percent in the fourth quarter of 2008, Environmental Protection Department data show. The oldest quarterly air pollution index figures showed it breaching “very high” levels 1.9 percent of the time in the third quarter of 1999. Then-Chief Executive Tung Chee-hwa declared in his 1999 policy address that fighting pollution would be a priority. Eleven years later, it has gotten worse, at times forcing schools to cancel sporting events and stirring concerns it could harm companies’ efforts to recruit overseas workers to the city. “There aren’t too many other financial hubs where you have to check the pollution index before deciding whether to run outside or on the treadmill,” said Ben Hoad , a sales trader from Australia who’s lived in Hong Kong for five years. Hong Kong’s Air Pollution Index reached a “very high” 102 today in Causeway Bay, a congested shopping area east of the main business district. Public Discontent Hong Kong people are the most dissatisfied in the world with their air quality, according to a Gallup survey of adults in 153 countries. Seventy percent of the city’s residents expressed the highest level of dissatisfaction with air quality. The next most disgruntled population was in Chad, where 59 percent of adults were highly dissatisfied with their air, as well as water and other basics, said Gallup research director Bob Tortora. Singapore had the lowest dissatisfaction with air quality, 3 percent, according to the survey released April 22, the 40th anniversary of Earth Day. Information Officer Y.F. Chau of the Environmental Protection Department acknowledged the recent rise in roadside air pollution. While Chau said he could not provide an immediate explanation for the increase, he said the government is taking measures to fight back including vehicle emission controls. Health Warnings The government classifies readings above 100 as “very high.” When it’s that level at general stations, the government discourages people with heart and respiratory diseases from outdoor activity and physical exercise. With readings above 100 at roadside stations, officials urge people with heart or respiratory diseases to avoid staying in heavy traffic areas. “Studies show that if you have long-term exposure to fine particulates generated from diesel engines, then your risk of death from a respiratory disease rises over 10 percent,” said Wong Tze Wai, a professor in public health at the Chinese University of Hong Kong. Wong has researched the health effects of air pollution for more than 20 years. At levels above 200, the pollution is called “severe” and the warnings apply to the general public. Pollution is often cited as an issue for people thinking of moving to Hong Kong. “It gets brought up in every conversation I have with people we try to bring out here,” said Yash Rana, a partner at law firm Goodwin Procter. Rana moved to Hong Kong a year and a half ago and installed an “industrial strength” air-filtering system in his home for his asthmatic daughter. Topping Pollution Index Hong Kong’s pollution index rose to the top reading of 500 at 10 of 14 monitoring stations on March 22 as winds from sandstorms in northern China carried particles to Hong Kong. Pollution had never been so high in the city. Alexis Lau, an assistant atmospheric math professor at the Hong Kong University of Science and Technology, said this year’s increased frequency of high roadside pollution had nothing to do with sandstorms. “It has to do with the high nitrogen dioxide ,” said Lau, referring to the light brown gas produced by vehicle engines. Lau periodically analyzes concentration levels published by the government. The Hong Kong and Guangdong province governments released a report April 29 on air quality of the Pearl River Delta in 2009, citing lower levels of sulphur dioxide, nitrogen dioxide and breathable suspended particles compared with previous years. Scrapping Old Buses “There is absolutely no reason to rejoice,” wrote Joanne Ooi , chief executive officer of independent advocacy group Clean Air Network , which sends e-mail alerts when the index rises above 100. “What matters is the level of pollution to which people are actually exposed to at street level,” Ooi wrote in response to the Hong Kong-Guangdong report. Since 1999, the Hong Kong government has implemented control measures to reduce vehicle emissions, Chau wrote in an e-mailed statement April 30. In March, Secretary for the Environment Edward Yau said Hong Kong may accelerate replacement of old buses, change transit routes and set up low-emission zones to cut pollution. Old buses are expected to be eliminated from city roads by 2019, according to Yau. In April, the department submitted a proposed law to Hong Kong’s Legislative Council requiring drivers to switch off their engines while their vehicles are idling. “Actions are in hand to promote the use of electric vehicles, ban idling vehicles with running engines and to implement a statutory specification for using biodiesel as motor vehicle fuel,” Chau wrote. Hong Kong lawmakers will debate a motion May 5 on improving air quality, urging the government to improve early-warning signals for heavy pollution and to make specific guidelines for closing schools and suspending outdoor work when it hits severe levels. Legislator Kam Nai-wai wants Hong Kong to adopt more stringent air-quality guidelines and to be more prompt about taking high-emission buses off the streets. “If it gets much worse, I think people will leave,” said Rana. “And you might have to pay more money to get people to come here and replace those people.” To contact the reporter on this story: Debra Mao in Hong Kong at dmao5@bloomberg.net

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Goldman Sachs Falls on U.S. Prosecutors’ Review, Bank of America Downgrade

April 30, 2010

By Justin Blum and Michael J. Moore April 30 (Bloomberg) — Goldman Sachs Group Inc. fell in New York trading after reports that federal prosecutors are weighing criminal fraud charges against Wall Street’s most profitable firm and the stock was downgraded to “neutral” from “buy” at Bank of America Corp. Goldman Sachs dropped $8.67, or 5.4 percent, to $151.57 at 9:45 a.m. in New York Stock Exchange composite trading. The shares, which doubled last year, have slumped 18 percent since April 15, the day before the U.S. Securities and Exchange Commission announced a civil lawsuit alleging the bank misled investors in a mortgage-linked investment. Federal prosecutors in New York are investigating transactions by Goldman Sachs to determine whether to pursue a criminal fraud case, according to two people familiar with the matter. The review, which lawyers say is common in such a high- profile case, is being done by the U.S. attorney in Manhattan, said the people, who weren’t authorized to comment and spoke on condition of anonymity. “We continue to believe that GS has long-term earnings power beyond what is discounted in the share price,” Guy Moszkowski , an analyst at Charlotte, North Carolina-based Bank of America, wrote in a report today. “However, it is very difficult to see the shares making further progress until the matter has been resolved.” Burden of Proof Bank of America also reduced its share-price estimate on Goldman Sachs to $160 from $220, according to Moszkowski. The SEC suit said the bank created and sold collateralized debt obligations linked to subprime mortgages in early 2007, as the U.S. housing market faltered, without disclosing that hedge fund Paulson & Co. helped pick the underlying securities and bet against the vehicles. The company called the SEC’s claims “unfounded.” The burden of proof in a criminal case would be higher than in the SEC’s civil case. Criminal allegations have to be proven beyond a reasonable doubt. Based on public reports about the SEC matter, a criminal case may be difficult, said Douglas R. Jensen , an attorney with Park & Jensen LLP in New York. The case appears “highly complex” and Goldman Sachs would be able to make multiple arguments in its defense, he said in an interview. “In order to proceed criminally in a case, you need to have very clear evidence of lying, cheating and stealing,” said Jensen, a former deputy chief of the criminal division of the U.S. attorney’s office in the Southern District of New York who served on that office’s securities fraud task force. ‘Higher Profile’ Cases The U.S. attorney’s office in the Southern District “pretty consistently” reviews SEC cases that are “higher profile” such as those involving large dollar amounts or policy issues, he said. The reviews may begin before the SEC files a lawsuit. Yusill Scribner , a spokeswoman for U.S. Attorney Preet Bharara , declined to comment. Lucas van Praag , a spokesman for New York-based Goldman Sachs, said the company would “fully cooperate with any requests for information.” He said, “Given the recent focus on the firm, we’re not surprised by the report of an inquiry.” Goldman Sachs Chief Executive Officer Lloyd Blankfein said in an interview with CBS News this week: “It is my belief that nothing unethical and nothing illegal has happened, but I will tell you if I discovered something like this, or any senior person at Goldman Sachs discovered illegal or unethical behavior, we would eliminate that from the firm.” The Federal Bureau of Investigation hasn’t opened a criminal investigation, said a U.S. official who spoke on condition of anonymity and wasn’t authorized to comment publicly on the matter. The Postal Inspection Service , which also could investigate such cases, doesn’t have any open probes into Goldman, said Tom Boyle , a spokesman for the agency in New York. Own Investigators Two former prosecutors for the U.S. attorney’s office in New York, who spoke on condition of anonymity, said prosecutors have their own investigators who may be examining the case before determining whether to involve the FBI or postal inspectors. The SEC may have provided documents and other information to prosecutors gathered as part of its investigation, allowing them to assess whether a criminal case could be made, they said. Sixty-one House Democrats and one House Republican, led by Representative Marcy Kaptur , an Ohio Democrat, sent a letter to the Justice Department on April 23 asking Attorney General Eric Holder to investigate Goldman Sachs, if the Justice Department wasn’t already. The department will review the letter, Alisa Finelli, a spokeswoman, said in an April 27 e-mail. Billionaire John Paulson ’s firm earned $1 billion on the trade and wasn’t accused of wrongdoing. The SEC also sued Fabrice Tourre , a Goldman Sachs vice president who helped create the CDOs, known as Abacus. To contact the reporters on this story: Justin Blum in Washington at jblum4@bloomberg.net ; Michael J. Moore in New York at mmoore55@bloomberg.net .

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Goldman Sachs Under Scrutiny of Federal Prosecutors Reviewing Suit by SEC

April 29, 2010

By Justin Blum and David Glovin April 29 (Bloomberg) — Federal prosecutors in New York have been examining transactions by Goldman Sachs Group Inc. , accused of fraud by U.S. securities regulators, to determine whether to pursue a criminal case, according to two people familiar with the matter. The federal review, which lawyers say is common in such a high-profile case, is being done by the U.S. attorney in Manhattan, said the people, who weren’t authorized to comment and spoke on condition of anonymity. The Securities and Exchange Commission filed a civil lawsuit against Goldman Sachs on April 16 alleging fraud tied to collateralized debt obligations that contributed to the worst financial crisis since the Great Depression. The burden of proof in a criminal case would be higher than in the SEC’s civil case. Criminal allegations have to be proven beyond a reasonable doubt. Based on public reports about the SEC matter, a criminal case may be difficult, said Douglas R. Jensen , an attorney with Park & Jensen LLP in New York. The case appears “highly complex” and Goldman Sachs would be able to make multiple arguments in its defense, he said in an interview. “In order to proceed criminally in a case, you need to have very clear evidence of lying, cheating and stealing,” said Jensen, a former deputy chief of the criminal division of the U.S. attorney’s office in the Southern District of New York who served on that office’s securities fraud task force. ‘Higher Profile’ Cases The U.S. attorney’s office in the Southern District “pretty consistently” reviews SEC cases that are “higher profile” such as those involving large dollar amounts or policy issues, he said. The reviews may begin before the SEC files a lawsuit. Yusill Scribner , a spokeswoman for U.S. Attorney Preet Bharara , declined to comment. Lucas van Praag , a spokesman for New York-based Goldman Sachs, said the company would “fully cooperate with any requests for information.” “Given the recent focus on the firm, we’re not surprised by the report of an inquiry,” he said. Goldman Sachs Chief Executive Officer Lloyd Blankfein said in an interview with CBS News this week: “It is my belief that nothing unethical and nothing illegal has happened, but I will tell you if I discovered something like this, or any senior person at Goldman Sachs discovered illegal or unethical behavior, we would eliminate that from the firm.” The Federal Bureau of Investigation hasn’t opened a criminal investigation, said a U.S. official who spoke on condition of anonymity and wasn’t authorized to comment publicly on the matter. The Postal Inspection Service , which also could investigate such cases, doesn’t have any open probes into Goldman, said Tom Boyle , a spokesman for the agency in New York. Own Investigators Two former prosecutors for the U.S. attorney’s office in New York, who spoke on condition of anonymity, said prosecutors have their own investigators who may be examining the case before determining whether to involve the FBI or postal inspectors. The SEC may have provided documents and other information to prosecutors gathered as part of its investigation, allowing them to assess whether a criminal case could be made, they said. The Justice Department sometimes brings criminal charges at the same time the SEC files suit. In other instances, criminal charges come later. The SEC sued financier R. Allen Stanford and his firm in February 2009 on claims he ran a Ponzi scheme. Stanford was indicted on criminal charges later that year. The SEC accused WorldCom Inc. of fraud in 2002. Two senior WorldCom executives were arrested on criminal charges later that year. SEC Suit Goldman Sachs created and sold CDOs linked to subprime mortgages in early 2007, as the U.S. housing market faltered, without disclosing that hedge fund Paulson & Co. helped pick the underlying securities and bet against the vehicles, according to the SEC’s lawsuit. At an April 27 congressional hearing, Goldman Sachs executives were questioned by U.S. lawmakers who compared the bank’s mortgage bankers to bookies. Company officials said they did nothing wrong. “The SEC and the courts will resolve the legal question of whether Goldman’s actions broke the law,” said Senator Carl Levin , a Michigan Democrat who is chairman of the Permanent Subcommittee on Investigations , at the hearing. “The question for us is one of ethics and policy.” Levin, whose panel is investigating Goldman Sachs, told reporters after the hearing that it was too soon to say whether he would refer any of the committee’s findings to the Justice Department or SEC. No Obligation Blankfein told Levin’s panel that market-makers have no obligation to tell clients about their own position in a security. Blankfein said the nature of the principal business often puts the firm on the opposite side of customers. Sixty-one House Democrats and one House Republican, led by Representative Marcy Kaptur , an Ohio Democrat, sent a letter to the Justice Department on April 23 asking Attorney General Eric Holder to investigate Goldman Sachs, if the Justice Department wasn’t already. The department will review the letter, Alisa Finelli, a spokeswoman, said in an April 27 e-mail. Billionaire John Paulson ’s firm earned $1 billion on the trade and wasn’t accused of wrongdoing. The SEC also sued Fabrice Tourre , a Goldman Sachs vice president who helped create the CDOs, known as Abacus. Goldman Sachs posted a record $13.4 billion profit in 2009, a year after receiving $10 billion in taxpayer aid during the financial crisis. It repaid the funds in June. The company has been criticized by lawmakers and pundits for its pay practices and its role in helping Greece mask the size of its debts. The company called the SEC’s claims “unfounded.” To contact the reporters on this story: Justin Blum in Washington at jblum4@bloomberg.net ; David Glovin in New York federal court at glovin@bloomberg.net

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Goldman Sachs Under Scrutiny of Federal Prosecutors Reviewing Suit by SEC

April 29, 2010

By Justin Blum and David Glovin April 29 (Bloomberg) — Federal prosecutors in New York have been examining transactions by Goldman Sachs Group Inc. , accused of fraud by U.S. securities regulators, to determine whether to pursue a criminal case, according to two people familiar with the matter. The federal review, which lawyers say is common in such a high-profile case, is being done by the U.S. attorney in Manhattan, said the people, who weren’t authorized to comment and spoke on condition of anonymity. The Securities and Exchange Commission filed a civil lawsuit against Goldman Sachs on April 16 alleging fraud tied to collateralized debt obligations that contributed to the worst financial crisis since the Great Depression. The burden of proof in a criminal case would be higher than in the SEC’s civil case. Criminal allegations have to be proven beyond a reasonable doubt. Based on public reports about the SEC matter, a criminal case may be difficult, said Douglas R. Jensen , an attorney with Park & Jensen LLP in New York. The case appears “highly complex” and Goldman Sachs would be able to make multiple arguments in its defense, he said in an interview. “In order to proceed criminally in a case, you need to have very clear evidence of lying, cheating and stealing,” said Jensen, a former deputy chief of the criminal division of the U.S. attorney’s office in the Southern District of New York who served on that office’s securities fraud task force. ‘Higher Profile’ Cases The U.S. attorney’s office in the Southern District “pretty consistently” reviews SEC cases that are “higher profile” such as those involving large dollar amounts or policy issues, he said. The reviews may begin before the SEC files a lawsuit. Yusill Scribner , a spokeswoman for U.S. Attorney Preet Bharara , declined to comment. Lucas van Praag , a spokesman for New York-based Goldman Sachs, said the company would “fully cooperate with any requests for information.” “Given the recent focus on the firm, we’re not surprised by the report of an inquiry,” he said. Goldman Sachs Chief Executive Officer Lloyd Blankfein said in an interview with CBS News this week: “It is my belief that nothing unethical and nothing illegal has happened, but I will tell you if I discovered something like this, or any senior person at Goldman Sachs discovered illegal or unethical behavior, we would eliminate that from the firm.” The Federal Bureau of Investigation hasn’t opened a criminal investigation, said a U.S. official who spoke on condition of anonymity and wasn’t authorized to comment publicly on the matter. The Postal Inspection Service , which also could investigate such cases, doesn’t have any open probes into Goldman, said Tom Boyle , a spokesman for the agency in New York. Own Investigators Two former prosecutors for the U.S. attorney’s office in New York, who spoke on condition of anonymity, said prosecutors have their own investigators who may be examining the case before determining whether to involve the FBI or postal inspectors. The SEC may have provided documents and other information to prosecutors gathered as part of its investigation, allowing them to assess whether a criminal case could be made, they said. The Justice Department sometimes brings criminal charges at the same time the SEC files suit. In other instances, criminal charges come later. The SEC sued financier R. Allen Stanford and his firm in February 2009 on claims he ran a Ponzi scheme. Stanford was indicted on criminal charges later that year. The SEC accused WorldCom Inc. of fraud in 2002. Two senior WorldCom executives were arrested on criminal charges later that year. SEC Suit Goldman Sachs created and sold CDOs linked to subprime mortgages in early 2007, as the U.S. housing market faltered, without disclosing that hedge fund Paulson & Co. helped pick the underlying securities and bet against the vehicles, according to the SEC’s lawsuit. At an April 27 congressional hearing, Goldman Sachs executives were questioned by U.S. lawmakers who compared the bank’s mortgage bankers to bookies. Company officials said they did nothing wrong. “The SEC and the courts will resolve the legal question of whether Goldman’s actions broke the law,” said Senator Carl Levin , a Michigan Democrat who is chairman of the Permanent Subcommittee on Investigations , at the hearing. “The question for us is one of ethics and policy.” Levin, whose panel is investigating Goldman Sachs, told reporters after the hearing that it was too soon to say whether he would refer any of the committee’s findings to the Justice Department or SEC. No Obligation Blankfein told Levin’s panel that market-makers have no obligation to tell clients about their own position in a security. Blankfein said the nature of the principal business often puts the firm on the opposite side of customers. Sixty-one House Democrats and one House Republican, led by Representative Marcy Kaptur , an Ohio Democrat, sent a letter to the Justice Department on April 23 asking Attorney General Eric Holder to investigate Goldman Sachs, if the Justice Department wasn’t already. The department will review the letter, Alisa Finelli, a spokeswoman, said in an April 27 e-mail. Billionaire John Paulson ’s firm earned $1 billion on the trade and wasn’t accused of wrongdoing. The SEC also sued Fabrice Tourre , a Goldman Sachs vice president who helped create the CDOs, known as Abacus. Goldman Sachs posted a record $13.4 billion profit in 2009, a year after receiving $10 billion in taxpayer aid during the financial crisis. It repaid the funds in June. The company has been criticized by lawmakers and pundits for its pay practices and its role in helping Greece mask the size of its debts. The company called the SEC’s claims “unfounded.” To contact the reporters on this story: Justin Blum in Washington at jblum4@bloomberg.net ; David Glovin in New York federal court at glovin@bloomberg.net

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Goldman Donations Spurned by Kirk in Illinois Campaign for Obama’s Seat

April 19, 2010

By John McCormick April 20 (Bloomberg) — Goldman Sachs Group Inc. ’s problems with the Securities and Exchange Commission are spilling over into the U.S. midterm elections. Congressman Mark Kirk , the Republican nominee for an open Senate seat in Illinois, said he will return contributions made by Goldman employees because the SEC is investigating the bank. Kirk, 50, made the announcement after his Democratic opponent, Illinois Treasurer Alexi Giannoulias , criticized him for taking the donations. The two men are vying for the Senate seat once held by President Barack Obama that will help determine whether Democrats retain control of the chamber. “We are calling on Congressman Kirk to explain why he voted against Wall Street reform,” said Matt McGrath, a spokesman for Giannoulias. “And we are challenging him to give back his tainted Goldman Sachs campaign contributions.” Kirk has taken $54,010 from Goldman employees, including $21,600 for his Senate bid, McGrath said. The congressman said that his campaign is still determining how much Goldman employees donated to him, and that he hasn’t accepted money from the bank’s political action committee. “I want to set an example on ethics for others to follow,” Kirk said yesterday during a Chicago news conference. “I will err on the side of caution and watch this case unfold.” A Goldman Sachs spokesman, Lucas Van Praag , declined to comment. Goldman Targeted Kirk said he made his decision over the weekend after reading about a civil suit filed by the SEC that targeted Goldman Sachs , alleging it created and sold collateralized debt obligations linked to subprime mortgages in early 2007 without disclosing that hedge fund Paulson & Co. helped pick the underlying securities and bet against the vehicles. “Obviously, this hits a number of other candidates as well,” he said. Kirk, a five-term congressman from Chicago’s northern suburbs, raised $2.2 million during the first quarter of 2010 and ended the period with more than $3 million in the bank, his campaign said in an earlier statement. Giannoulias, 34, raised $1.2 million during the first quarter and ended the period with that same amount in the bank, his campaign said last week. Kirk criticized Giannoulias for not releasing his 2009 tax return, as he has done. “I knew that I had to finish my taxes on time because I was running for a very high-profile office at a time when transparency is everything,” he said. Giannoulias Taxes Kirk pointed to financial troubles experienced by a community bank run by Giannoulias’s family as one possible reason why his opponent filed for an extension. “I worry that the coming implosion of his family bank may have tax implications for him and therefore he’s not willing to release his taxes,” Kirk said. Giannoulias routinely files for an extension on his taxes as he awaits documents from the family business, said Kathleen Strand, a spokeswoman. “Alexi, as he has for all of the years he has been in public office, will release his tax returns in full as soon as they are filed,” she said, adding they will be released “as soon as possible.” Broadway Bank Broadway Bank in Chicago, whose wealth helped finance Giannoulias’s successful 2006 bid for state treasurer, has been operating since January under a consent agreement with the Federal Deposit Insurance Corp. because of commercial real- estate loan losses. The family must raise at least $75 million by later this month to meet regulatory demands. Kirk has suggested that Giannoulias exercised bad judgment while working from 2002 through 2006 as a senior loan officer and bank vice president. Giannoulias has responded by saying the bank was healthy when he left and that just 9 percent of about $240 million in nonperforming assets on the bank’s books originated while he was there. Lenders are collapsing nationwide amid losses on residential and commercial real estate loans. U.S. banks with problems climbed to the highest level since 1992 in the fourth quarter of 2009, according to FDIC data. Kirk said he is opposed to legislation to overhaul U.S. financial regulations being pushed by Obama and Democrats in Congress. He said that proposal would “continue the ‘too big to fail rule’” with “even more taxpayer dollars” on the line. Blagojevich Trial The Senate seat in Illinois is held by Democrat Roland Burris , who isn’t seeking a full term. Republicans are trying to take advantage of ethical problems experienced by Illinois Democrats, including a public corruption trial set to begin June 3 for former Governor Rod Blagojevich , who appointed Burris to complete Obama’s term. The topic of Kirk’s news conference, held inside a federal courtroom and managed by his congressional staff, was to make the case that Illinois taxpayers and businesses are hurt by what he called a “corruption tax” they face through rigged contracts, kickback scenes and other fraud. He called for added funding for the Federal Bureau of Investigation and federal prosecutors. A poll by Public Policy Polling released April 6 showed Kirk leading Giannoulias by 37 percent to 33 percent, with 30 percent undecided. The survey of Illinois voters was conducted April 1 to April 5 and has a margin of error of 4 percentage points. To contact the reporter on this story: John McCormick in Chicago at jmccormick16@bloomberg.net

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Goldman `Shenanigans’ to Be Barred in Financial-Rules Overhaul, Dodd Says

April 19, 2010

By Alison Vekshin April 19 (Bloomberg) — Senate Banking Committee Chairman Christopher Dodd said failure to enact his financial overhaul bill would leave the American public vulnerable to “shenanigans” at Goldman Sachs Group Inc. and other large firms. The legislation to strengthen oversight of Wall Street would have prevented the fraudulent activity alleged in the Securities and Exchange Commission’s April 16 lawsuit against Goldman Sachs, Dodd said today at a news conference in Washington. “By not enacting our legislation, by filibustering it, stopping it, we leave the American public vulnerable once again to the kind of shenanigans that have occurred in our large financial institutions across this country,” said Dodd, a Connecticut Democrat and sponsor of the regulation bill. The SEC in suing Goldman Sachs alleged the bank created and sold collateralized debt obligations linked to subprime mortgages in early 2007 without disclosing that hedge fund Paulson & Co. helped pick the underlying securities and bet against the vehicles. The Senate this week is scheduled to take up Dodd’s legislation amid unified Republican opposition, setting the stage for a partisan standoff on the Obama administration priority. All 41 Senate Republicans last week signed a letter pledging their opposition to the bill as it currently is written. $50 Billion Fund Republicans have attacked a provision that would create a government mechanism to unwind failing financial firms whose collapse through bankruptcy would disrupt the economy. A $50 billion industry-supported fund would cover the cost of dissolving failed companies. Republicans say the plan perpetuates taxpayer-funded bailouts, while Democrats argue the process would be used to euthanize, not prop up, failing firms. Dodd and Senator Mark Warner , a Virginia Democrat who also spoke at the news conference, defended the language, adding they were open to considering alternatives. “We agree with our Republican colleagues that bankruptcy should be a preferred process,” Warner said. “We’ve put in place a resolution process that basically is a death sentence for these firms. Shareholders will be wiped out, management will be wiped out and these firms will go away.” Bailout Issue The provision is aimed at preventing a repeat of the $700 billion taxpayer-funded bailout that was used to support Citigroup Inc. and Bank of America Corp. Citigroup today reported first-quarter net income of $4.4 billion, the highest level since the second quarter of 2007. Senate Minority Leader Mitch McConnell , a Kentucky Republican, said both parties agree the legislation should eliminate bailouts. “So let’s go back to the negotiating table and work out these problems and then come together and have a bipartisan vote that will give the American people confidence that this bill isn’t just one party’s way of solving this problem,” McConnell said today in a speech on the Senate floor. President Barack Obama plans to give a speech on the financial regulation plan in New York City on April 22. The president will talk about “what is at stake if we do not move forward with changing the rules of the road,” White House spokesman Robert Gibbs said in a statement. Treasury Secretary Timothy F. Geithner last week courted Republicans in meetings on Capitol Hill with Senators Richard Shelby of Alabama, Orrin Hatch of Utah and Richard Lugar of Indiana. He is scheduled to meet today with Senator Susan Collins of Maine, another Republican. The bill is based on a proposal Obama released in June to redesign U.S. regulation of Wall Street in response to the worst financial crisis since the Great Depression. It would create a consumer protection bureau at the Federal Reserve and a council of regulators to monitor the financial system for systemic risk. It would strengthen oversight of derivatives and hedge funds. Dodd said the Senate would begin to consider the legislation on April 21 or 22. To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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Goldman Sachs Said to Have Been Warned of SEC Suit

April 17, 2010

By Joshua Gallu and David Scheer April 17 (Bloomberg) — Goldman Sachs Group Inc. , which fell 13 percent yesterday after U.S. regulators announced fraud accusations, didn’t disclose that it was warned nine months ago that investigators wanted to bring a case, people with direct knowledge of the talks said. Goldman Sachs responded to the so-called Wells notice from the Securities and Exchange Commission within months and met with the agency officials trying to fend off the civil lawsuit, said the people, who declined to be identified because the talks weren’t public. In March, the New York-based firm said it was cooperating with regulators’ “requests for information.” “The question is whether a general disclaimer like that is rendered misleading because you left out the specifics,” said Adam Pritchard , a former SEC attorney who teaches law at the University of Michigan in Ann Arbor. “The prudent, conservative choice is to disclose more,” because omissions can lead to shareholder lawsuits, Pritchard said. Lucas van Praag , a spokesman for Goldman Sachs in New York, declined to comment. Goldman Sachs, the most profitable company in Wall Street history, created and sold collateralized debt obligations tied to subprime mortgages in 2007 without disclosing that hedge fund Paulson & Co. helped pick underlying securities and bet against the vehicles, the SEC said in its suit. The SEC sent the firm a Wells notice in July and the company responded in September, one of the people said. Companies typically disclose legal issues such as regulatory probes in their quarterly and annual financial reports. Annual Report Goldman Sachs’s annual report for 2009, filed with the SEC in March, recycled a passage the company used in the previous year’s report to describe regulatory probes involving securities linked to subprime mortgages. In both cases, the firm wrote: “GS&Co. and certain of its affiliates, together with other financial services firms, have received requests for information from various governmental agencies and self-regulatory organizations relating to subprime mortgages, and securitizations, collateralized debt obligations and synthetic products related to subprime mortgages. GS&Co. and its affiliates are cooperating with the requests.” Goldman Sachs, which fell $23.57 to $160.70 in New York trading yesterday, might argue that it reasonably believed the SEC’s warning wasn’t material, Pritchard said. The firm could argue that it thought the regulator wouldn’t sue after Goldman Sachs presented its defenses, he said. “The SEC’s charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation,” Goldman Sachs said in a statement yesterday.

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Goldman Said to Have Been Warned of SEC Suit

April 17, 2010

By Joshua Gallu and David Scheer April 17 (Bloomberg) — Goldman Sachs Group Inc. , which fell 13 percent yesterday after U.S. regulators announced fraud accusations, didn’t disclose that it was warned nine months ago that investigators wanted to bring a case, people with direct knowledge of the talks said. Goldman Sachs responded to the so-called Wells notice from the Securities and Exchange Commission within months and met with the agency officials trying to fend off the civil lawsuit, said the people, who declined to be identified because the talks weren’t public. In March, the New York-based firm said it was cooperating with regulators’ “requests for information.” “The question is whether a general disclaimer like that is rendered misleading because you left out the specifics,” said Adam Pritchard , a former SEC attorney who teaches law at the University of Michigan in Ann Arbor. “The prudent, conservative choice is to disclose more,” because omissions can lead to shareholder lawsuits, Pritchard said. Lucas van Praag , a spokesman for Goldman Sachs in New York, declined to comment. Goldman Sachs, the most profitable company in Wall Street history, created and sold collateralized debt obligations tied to subprime mortgages in 2007 without disclosing that hedge fund Paulson & Co. helped pick underlying securities and bet against the vehicles, the SEC said in its suit. The SEC sent the firm a Wells notice in July and the company responded in September, one of the people said. Companies typically disclose legal issues such as regulatory probes in their quarterly and annual financial reports. Annual Report Goldman Sachs’s annual report for 2009, filed with the SEC in March, recycled a passage the company used in the previous year’s report to describe regulatory probes involving securities linked to subprime mortgages. In both cases, the firm wrote: “GS&Co. and certain of its affiliates, together with other financial services firms, have received requests for information from various governmental agencies and self-regulatory organizations relating to subprime mortgages, and securitizations, collateralized debt obligations and synthetic products related to subprime mortgages. GS&Co. and its affiliates are cooperating with the requests.” Goldman Sachs, which fell $23.57 to $160.70 in New York trading yesterday, might argue that it reasonably believed the SEC’s warning wasn’t material, Pritchard said. The firm could argue that it thought the regulator wouldn’t sue after Goldman Sachs presented its defenses, he said. “The SEC’s charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation,” Goldman Sachs said in a statement yesterday.

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Goldman Sachs Sued by SEC for Fraud Over Mortgage-Backed CDOs; Shares Drop

April 16, 2010

By Joshua Gallu and Christine Harper April 16 (Bloomberg) — Goldman Sachs Group Inc. was sued by U.S. regulators for fraud tied to collateralized debt obligations that contributed to the worst financial crisis since the Great Depression. The firm’s shares tumbled as much as 16 percent and financial stocks slumped. Goldman Sachs created and sold CDOs tied to subprime mortgages in early 2007, as the U.S. housing market faltered, without disclosing that hedge fund Paulson & Co. helped pick the underlying securities and bet against the vehicles, the Securities and Exchange Commission said today. Billionaire John Paulson ’s firm earned $1 billion on the trade and wasn’t accused of wrongdoing. The SEC also sued Fabrice Tourre , a Goldman Sachs vice president who helped create the CDOs, known as Abacus. “The product was new and complex but the deception and conflicts are old and simple,” SEC Enforcement Director Robert Khuzami said. “Goldman wrongly permitted a client that was betting against the mortgage market to heavily influence which mortgage securities to include in an investment portfolio, while telling other investors that the securities were selected by an independent, objective third party.” Goldman Sachs became emblematic of public outrage at the banking industry after posting a record $13.4 billion profit in 2009, a year after receiving $10 billion in taxpayer aid during the financial crisis. It repaid the funds in June. The company, led by CEO Lloyd Blankfein , 55, has been criticized by lawmakers and pundits for issues from its pay practices to its role in helping Greece mask the size of its debts. It called the SEC’s claims “unfounded.” Financial Stocks Slump “Civil charges and the disgorgement are not the issue — the threat to Goldman is reputational,” said Brad Hintz , an analyst at Sanford C. Bernstein & Co. in New York. The danger is to “ultimately its market share with its prized institutional and corporate clients.” Shares of Goldman Sachs, based in New York, dropped $23.57, or 13 percent, to $160.70 as of 4:02 p.m. in New York Stock Exchange trading. It marked the biggest one-day decline since Jan. 20, 2009, and pushed the value of Warren Buffett ’s options to buy Goldman Sachs shares down by $950 million. Buffett, Berkshire Hathaway Inc.’s chief executive officer, got the warrants on $5 billion of Goldman Sachs stock as part of an agreement that extended financing to the bank during the depths of the 2008 credit crisis. The deal reflected Buffett’s belief in “not just the strength of Goldman but its integrity,” Ronald Olson , a Berkshire director said this week in an interview. ‘Unfounded’ Claims “The SEC’s charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation,” Goldman Sachs said in a statement today. The firm put together the Abacus deal in 2007, a year in which Goldman Sachs earned a then-record $11.6 billion, a figure it surpassed in 2009, when it earned $13.4 billion. Goldman Sachs paid Blankfein $68.5 million for 2007 — $600,000 in salary, plus a $67.9 million bonus. According to the SEC’s complaint, Tourre, now 31, sent an e-mail to a friend in January 2007 saying, “The whole building is about to collapse” in reference to CDOs tied to subprime mortgages. “Only potential survivor, the fabulous Fab standing in the middle of all these complex, highly leveraged, exotic trades he created without necessarily understanding all of the implications of those monstrousities!!!” Tourre wrote in the e- mail, according to the SEC. The agency didn’t identify the recipient of the note. ‘Thank You, Goodbye’ When reached at his London office today, Tourre declined to comment. “I need to jump, thank you, goodbye,” he told Bloomberg News before hanging up. A call to Pamela Chepiga , a lawyer for Tourre at Allen & Overy LLP, wasn’t returned. Tourre, a graduate of Ecole Centrale Paris, one of France’s top engineering schools, and Stanford University, joined Goldman Sachs in July 2001, according to his LinkedIn profile. Goldman Sachs and Tourre knew it would be difficult, if not impossible, to sell the CDO if they disclosed to investors that Paulson played a significant role in selecting the collateral and was also betting against it, the SEC said. The bank also knew that at least one potential investor, Dusseldorf, Germany-based IKB Deutsche Industriebank AG , wasn’t likely to invest in a CDO that didn’t have a collateral manager to analyze and select the portfolio, according to the complaint. ‘Surreal’ ACA Meeting In January 2007, Goldman Sachs approached ACA Management LLC , a firm that analyzes credit risk, to select the portfolio for a CDO transaction sponsored by Paulson. In an internal memo on March 12, 2007, Goldman said it would “leverage ACA’s credibility and franchise” to help distribute the transaction, the SEC said. Paulson, Tourre and a representative from ACA met in February 2007 to discuss assets that would be included in the residential-mortgage backed security, the SEC said. While Paulson and Tourre knew Paulson intended to short the security, ACA wasn’t in the loop. “I am at this ACA meeting,” Tourre wrote in an e-mail to an unidentified Goldman Sachs employee during the meeting. “This is surreal.” Paulson & Co., which oversees $32 billion, said in a statement that the fund didn’t make any misrepresentations connected to the Abacus deal. Paulson’s Denial “While Paulson purchased credit protection from Goldman Sachs on securities issued under the Abacus ABS CDO program we were not involved in the marketing of any Abacus products to any third parties,” the New York-based firm said. “ACA as collateral manager had sole authority over the selection of all collateral in the CDO.” Paulson could be the target of investor lawsuits now that the SEC is investigating how Abacus was put together, said Thomas Adams , who worked in the CDO groups for two bond insurers and is now a partner at New York-based Paykin Krieg & Adams LLP. “There haven’t been many investor lawsuits on these kinds of deals,” Adams said. “This opens the door to civil claims across a number of transactions.” Bank of America Corp. and JPMorgan Chase & Co. lost at least 3.5 percent today as all 27 companies in the S&P 500 Diversified Financial Index declined. In Europe, Deutsche Bank AG dropped 8 percent. The case is Securities and Exchange Commission v. Goldman Sachs, 10-cv-03229, U.S. District Court, Southern District of New York (Manhattan). To contact the reporters on this story: Joshua Gallu in Washington at jgallu@bloomberg.net

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Toyota Sudden-Acceleration Lawsuits Combined in California Federal Court

April 9, 2010

By Margaret Cronin Fisk April 9 (Bloomberg) — Lawsuits against Toyota Motor Corp. related to sudden acceleration will be consolidated in a federal court in Santa Ana, California, a panel of judges said. Toyota, the world’s largest automaker, is facing at least 177 consumer and shareholder lawsuits seeking class-action status and at least 57 individual suits claiming personal injuries or deaths caused by sudden acceleration incidents. All the class actions and most of the individual suits were filed after September, when Toyota began the first of several recalls related to inadvertent acceleration. Toyota and lawyers for consumers asked in court filings and a March 25 hearing that the federal suits be combined in a multidistrict litigation, or MDL, in which one judge overseeing the litigation would decide issues such as evidence-gathering and allowable legal arguments. The lawsuits will be combined in federal court near Toyota’s U.S. sales headquarters in Torrance, California, to be handled by U.S. District Judge James V. Selna . Selna will oversee class actions and personal injury cases filed in federal court, the judges said in a ruling posted on the panel’s Web site today. Centralization “will eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary,” the panel said. The central district of California “is the most appropriate choice” because of its proximity to Toyota headquarters, the panel said. Vehicle Recalls The Toyota City, Japan-based company has recalled more than 8 million vehicles for fixes related to sudden, unintended acceleration. The automaker announced in September that it was recalling 3.8 million Toyota and Lexus vehicles because of a defect that may cause floor mats to jam accelerator pedals. The company later recalled vehicles over defects involving the pedals themselves. The incidents, which have been linked to at least 51 deaths, spurred congressional hearings and an announcement last week by U.S. Transportation Secretary Ray LaHood that Toyota’s accelerator flaws and electronic vehicle controls will be examined by engineers from NASA. About half of the lawsuits claim the mats and pedals don’t explain all the sudden- acceleration incidents and may be linked instead to electronic throttle controls. “We are pleased with the outcome, including the location,” said Brian Lyons , a spokesman for Toyota’s U.S. sales unit. Lawyers’ Organization The decision “allows the plaintiffs’ lawyers to organize as a group,” with the best attorneys taking leadership positions in the combined cases, said Ken Seeger of Seeger Salvas in San Francisco, who isn’t involved in the litigation. “Toyota won’t be able to pick off the weakest or least experienced of the trial lawyers,” he said. Toyota may have won one advantage by the assignment to Santa Ana rather than Los Angeles, Seeger said. Prospective jurors would be drawn from Orange County, a more conservative pool than Los Angeles, he said. “Plaintiffs would have rather been in Los Angeles.” “That’s not much of a concern,” plaintiffs’ attorney Hunter Shkolnik , whose firm has class actions and personal injury suits, said today in an interview. “Judge Selna is highly qualified. We got a good assignment and now we can move forward.” Since November, at least 171 class actions have been filed against Toyota by consumers alleging the company withheld information about the risk of sudden acceleration, driving down the value of the vehicles. The lawsuits are seeking damages that range from a loss of car value to a return of Toyota profits. Blue Book Drop By February, Kelley Blue Book, the used-auto pricing service used as a guide in private-party sales, reported that Toyota values had dropped by as much as 4.5 percent, according to a complaint filed in federal court in California last week. Toyota is also facing at least five class actions by investors claiming the company inflated its shares by failing to disclose information about safety issues. A separate lawsuit seeking class-action status for Toyota dealers claiming losses because of recalls has been filed in federal court in Jefferson City, Missouri. At least 57 lawsuits claiming injuries or deaths caused by sudden-acceleration incidents have been filed in federal and state courts, with plaintiffs’ lawyers reporting plans to file dozens more. The lawsuits filed so far include claims of at least 26 deaths caused by such incidents. Injury Cases Plaintiffs’ lawyers disagreed at the March 25 hearing in federal court in San Diego whether the personal injury cases should be brought into the MDL or handled by the same judge overseeing the class actions. Both types of lawsuits should be combined before Selna, the judicial panel said in the ruling posted today. “The liability discovery in all the cases will certainly overlap.” Most of the plaintiffs’ lawyers were seeking to have the lawsuits consolidated before one judge, disagreeing over exactly which court. Lawyers suggested about a dozen different jurisdictions, including federal courts in California, Louisiana and Kentucky. Toyota and many of the plaintiffs’ lawyers at the San Diego hearing supported combining the lawsuits in California. More than one-quarter of the class actions have been filed in the central district of California, according to data compiled by Bloomberg News. “Relevant documents and witnesses are likely located there,” the panel said in its ruling. “Far more actions are pending there than in any other district.” The lawsuits will be combined as In Re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, MDL 2151, U.S. District Court, Central District of California (Santa Ana). To contact the reporter on this story: Margaret Cronin Fisk in Southfield, Michigan, at mcfisk@bloomberg.net .

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Toyota Lawsuits: LA Court Chosen By US Panel For Toyota Lawsuits

April 9, 2010

MIAMI — A federal judge in Southern California was chosen Friday to preside over more than 200 lawsuits filed against Toyota in the aftermath of the automaker’s sudden acceleration problems, which could potentially mushroom into one of the nation’s biggest product liability cases. A judicial panel consolidated the ever-growing list of cases before U.S. District Judge James V. Selna, 65, a 2003 appointee of former President George W. Bush. Selna’s court is in Orange County, Calif., near Los Angeles and close to Toyota’s U.S. headquarters. “This is a big milestone in what will be a very historic case,” said Tim Howard, a Northeastern University law professor who leads a group of attorneys in 26 states who are suing Toyota. Attorneys estimate that if Toyota were to settle the cases for even a modest payout to affected motorists, it could cost the company at least $3 billion and possibly much more. In comparison, drugmaker Merck & Co. has paid more than $4.8 billion into a settlement fund for tens of thousands of claims from people who used its withdrawn painkiller Vioxx. Selna, one of six federal judges in Orange County, will hear important pretrial motions for all cases, eventually leading to trial, settlement or dismissal of the lawsuits. Selna declined comment through a spokeswoman. Attorney Mark Robinson Jr., who practices in Orange County and is representing Toyota owners in some of the cases, said Selna has broad experience with more than 28 years as a practicing lawyer before his appointment to the federal bench. “He’s a very skilled judge. He will do everything appropriately,” said Robinson, who is best known for negotiating a $128 million settlement in a case involving exploding fuel tanks on the Ford Pinto. Toyota, in a statement, said it is “pleased with the decision and the location” of the consolidation of lawsuits. More than 130 lawsuits are potential class-action cases filed by Toyota owners who claim their vehicles plummeted in value after the recalls. A key early decision in those cases is whether to establish millions of similar Toyota owners as a single class, meaning all would be affected by a potential damages award or settlement. At least 100 other lawsuits seek damages from Toyota for injuries or deaths attributed to sudden acceleration, which the U.S. Judicial Panel on Multidistrict Litigation determined should also be part of the centralized case. “The liability discovery in all the cases will certainly overlap,” the panel said in its ruling. The lawsuits began appearing last fall as Toyota initiated the first of a series of recalls eventually involving about 8 million vehicles – including about 6 million in the U.S. – over acceleration problems in several models and brake issues with the popular Prius hybrid. The National Highway Traffic Safety Administration, which has linked 52 deaths to acceleration problems, this week imposed a record $16.4 million fine on the Japanese automaker for failing to disclose its safety problems to the government in a timely manner. NHTSA said in a letter to Toyota released Friday that it is considering a second civil penalty against the automaker because the accelerator pedals at issue “exhibit two separate defects that may require two separate remedies,” NHTSA chief counsel O. Kevin Vincent wrote. Many of the lawsuits blame the acceleration problems on glitches in Toyota’s electronic throttle controls, which the company has repeatedly denied. The company traces the issue to sometimes-sticky acceleration pedals and accelerators that can become jammed in floor mats. “The result of these decisions by Toyota was to expose millions of American drivers, passengers and pedestrians to the dangers of driving with a sticking accelerator pedal,” Vincent wrote. Toyota has until April 19 to accept or contest the original $16.4 million fine. Selna, the judge chosen to preside over the consolidated lawsuits, was previously a partner at a Los Angeles law firm that focused on antitrust litigation. In one of his better-known cases, last May Selna ruled that a public high school history teacher violated the First Amendment when he called creationism “superstitious nonsense” during a classroom lecture. The lawsuit was filed by a student in 2007 who claimed teacher James Corbett violated the amendment’s establishment clause by making repeated comments in class that were hostile to Christian beliefs. Toyota favored Los Angeles as the location for consolidation of the lawsuits, near its U.S. headquarters in Torrance, Calif., and a relatively easy trip from Japan. Other attorneys suing Toyota pushed for Kentucky – where Toyota has a large plant and engineering facility – as well as Louisiana, New Jersey, Ohio, South Carolina, New York and elsewhere. Howard, the plaintiffs’ attorney and Northeastern University law professor, said the California location makes sense and also presents some obstacles. “There are a lot of efficiencies because the corporate headquarters is there. It’s easy to get flights to Japan,” Howard said. “But there are some challenges, because a lot of the evidence is nationwide and the cases are nationwide.” _____ Associated Press writers Ken Thomas in Washington and Greg Risling in Los Angeles contributed to this story.

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Toyota Could Be Fined $16 Million For Slow Action On Recall: Transportation Department

April 5, 2010

WASHINGTON — The government accused Toyota of hiding a “dangerous defect” and proposed a record $16.4 million fine on Monday for failing to quickly alert regulators to safety problems in gas pedals on popular models such as the Camry and Corolla. The proposed fine, announced Monday by Transportation Secretary Ray LaHood, is the most the government could levy for the sticking gas pedals that have led Toyota to recall millions of vehicles. There could be further penalties under continuing federal investigations. The Japanese automaker faces private lawsuits seeking many millions more. Toyota Motor Corp. has recalled more than 6 million vehicles in the U.S., and more than 8 million worldwide, because of acceleration problems in multiple models and braking issues in the Prius hybrid. Documents obtained from the automaker show that Toyota knew of the problem with the sticking gas pedals in late September but did not issue a recall until late January, LaHood said. The sticking pedals involved 2.3 million vehicles. “We now have proof that Toyota failed to live up to its legal obligations,” LaHood said in a statement. “Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families.” For those reasons, LaHood said, the government is seeking a fine of $16.375 million, the maximum penalty possible. That dwarfs the previous record: In 2004, General Motors paid a $1 million fine for responding too slowly on a recall of nearly 600,000 vehicles over windshield wiper failure. How Toyota decides to respond to the fines could pose a dilemma for the automaker. The company faces 138 potential class-action lawsuits over falling vehicle values and nearly 100 personal injury and wrongful death cases in federal courts nationwide. If Toyota pays the fines, the admission could hurt it in courtrooms. But battling the government over the penalties could undermine the automaker’s attempts to move on from the recalls. “It may be easier to pay it than to let this keep dragging on and drawing more attention to themselves,” said Jessica Caldwell, a senior analyst with auto research site Edmunds.com. Toyota did not say whether it would pay the fine. The automaker has two weeks to accept or contest the penalty. “While we have not yet received their letter, we understand that NHTSA has taken a position on this recall,” the company said in a statement, a reference to the National Highway Transportation Safety Administration. “We have already taken a number of important steps to improve our communications with regulators and customers on safety-related matters as part of our strengthened overall commitment to quality assurance.” The company noted that it has appointed a new chief quality officer for North America and has given its North American office a greater role in making safety-related decisions. Under federal law, automakers must notify NHTSA within five days of determining that a safety defect exists and promptly conduct a recall. The Transportation Department said the fine it is seeking is specifically tied to the sticking pedal defect and Toyota could face additional penalties if warranted by investigations. The government has linked 52 deaths to crashes allegedly caused by accelerator problems in Toyotas. The recalls have led to congressional hearings, a criminal investigation by federal prosecutors, dozens of lawsuits and an intense review by the Transportation Department. Toyota has attributed the problem to sticking gas pedals and accelerators that can become jammed in floor mats. Dealers have fixed 1.7 million vehicles under recall so far. The sticky accelerator pedal recall involves the 2007-2010 Camry, 2009-10 Corolla, 2009-10 Matrix, 2005-10 Avalon, the 2010 Highlander and 2007-10 Tundra. Consumer groups have suggested electronics could be the culprit, and dozens of Toyota owners who had their cars fixed in the recall have complained of more problems with their vehicles surging forward unexpectedly. Toyota says it has found no evidence of an electrical problem. Reviews of some recent high-profile crashes in San Diego and suburban New York have failed to find either mechanical or electronic problems. In the New York case, a police investigation found that the driver, not the car, was to blame. Following the recalls, the Transportation Department demanded in February that Toyota turn over documents detailing when and how it learned of the problems with sticking accelerators and with floor mats trapping gas pedals. NHTSA said documents provided by Toyota showed the automaker had known about the sticky pedal defect since at least Sept. 29, 2009, when it issued repair procedures to distributors in 31 European countries and Canada to address complaints of sticking pedals, sudden increases in engine RPM and sudden vehicle acceleration. The government said the documents also show that Toyota knew that owners in the United States had experienced the same problems. Toyota has provided NHTSA with more than 70,000 pages of documents during the investigation.

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Toyota Recall: NASA To Investigate Acceleration Problems

March 29, 2010

WASHINGTON — NASA and the National Academy of Sciences are joining the government’s effort to figure out what caused the sudden acceleration problems that led to Toyota’s massive recalls. NASA scientists with expertise in electronics will help the National Highway Traffic Safety Administration study potential electronic ties to unintended acceleration in Toyotas. NASA’s knowledge of electronics, computer hardware and software and hazard analysis will ensure a comprehensive review, Transportation Secretary Ray LaHood said Monday. In a separate study, the National Academy of Sciences will examine unwanted acceleration and electronic vehicle controls in cars from around the auto industry, LaHood said. The National Academy is an independent organization chartered by Congress. The academy study, expected to take 15 months, will review acceleration problems and recommend how the government can ensure the safety of vehicle electronic control systems. “We believe their outside expertise, fresh eyes and fresh research perhaps can tell us if electronics have played a role in these accelerations,” LaHood said. Toyota has recalled more than 8 million vehicles worldwide, including 6 million in the United States. Toyota said in a statement it was “confident in our vehicles and in our electronics” and would cooperate with the government review. “These studies are just the kind of science-based examination we have been calling for. Bringing some sunshine to this subject is bound to separate fact from fiction, which will be good for Toyota, the industry and the motoring public,” the company said. LaHood has told Congress the department will dig deeply into what has caused hundreds of complaints of unwanted acceleration in Toyotas. LaHood said he has asked the Transportation Department inspector general to review whether NHTSA’s Office of Defects Investigation has what it needs to identify and address safety defects. Some lawmakers have criticized NHTSA for failing to investigate Toyota complaints earlier and more thoroughly. “Carmakers have entered the electronics era, but NHTSA seems stuck in a mechanical mindset,” House Energy and Commerce Committee Chairman Henry Waxman, D-Calif., said last month. “We need to make sure the federal safety agency has the tools and resources it needs to ensure the safety of the electronic controls and on-board computers that run today’s automobiles.” Toyota has attributed the problem to sticking gas pedals and accelerators that can become jammed in floor mats, and has cited no evidence of an electrical problem. The company has noted that other manufacturers also have had reports of cars surging forward. Consumer groups contend electronics could be the culprit, and dozens of Toyota owners who had their cars fixed in the recall have complained of more problems with their vehicles surging forward unexpectedly. Regulators have linked 52 deaths in Toyotas to crashes allegedly caused by accelerator problems. Reviews of some recent high-profile crashes have failed to find a mechanical or electronic problem. A police investigation of a March 9 accident in suburban New York involving a 2005 Prius found that the driver, not the car, was to blame. Tests following a March 8 incident in San Diego in which a driver reported the gas pedal on his 2008 Prius got stuck, leading to a 94 mph ride on a freeway, found that the hybrid’s gas pedal, backup safety system and electronics were working fine. NHTSA’s review of Toyota’s electronic throttle control systems is expected to be completed by late summer. The safety agency, with NASA’s help, is looking at electronic systems used in Toyotas and whether they have flaws that would warrant a defect investigation. The National Academy of Sciences’ National Research Council will review industry and government efforts to identify possible sources of unintended acceleration, including electronic vehicle controls, human error, mechanical failure and interference with accelerator systems. The experts will look at software, computer hardware design, electromagnetic compatibility and electromagnetic interference. They will make recommendations to NHTSA in mid-2011 on how the government agency’s rulemaking, research and defect investigations could help ensure the safety of vehicle electronic control systems. The two studies together will cost about $3 million, including the expense of buying cars that have allegedly had unintended acceleration. Both studies will be peer reviewed by scientific experts, the Transportation Department said. ____ National Highway Traffic Safety Administration: http://www.nhtsa.dot.gov/ National Academy of Sciences: http://www.nas.edu/

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