Anne Seith | Frankfurt | Nov 22

Spiegel Online - Some say Deutsche Bank misled investors in a fund which hoped to profit from deaths in the US.

Two Deutsche Bank funds were designed to profit from premature deaths in the US by buying up life insurance policies. But investors have seen precious little return on their investment. Angry customers are accusing the bank of fraud.

Gerhard Strate, a well-respected lawyer based in Hamburg, has seen a lot of things over the years. But he still has a hard time believing the story of the Deutsche Bank funds db Kompass Life 1 and 2, calling it "unbelievable" and "absurd." The closed-end funds buy life insurance policies from Americans and assume responsibility for paying their future premiums. When the original policy-holder dies, the entire payout goes to the fund. It is like short-selling US life expectancy.

Deutsche Bank collected some €500,000 ($750,000) from customers for its macabre money-making scheme. But the fund quickly turned into a mega-flop. So far, not one investor has received even a single dividend payment and some may lose their entire principal.

Now, Strate has filed a criminal complaint with public prosecutors in Frankfurt on behalf of one of those who invested in the fund. A lawyer from Munich has also announced his intention of filing a complaint of his own, believed to be on behalf of dozens of clients. He is also preparing claims for damages.

There is cause to suspect "that from the very beginning, the promised dividends were not achievable using any realistic suppositions," Strate wrote in his complaint. In addition, he says, investors in the two funds were not adequately informed about one aspect of the scheme's structure: that both funds invest to a large degree in the same policies, thus "making risk management practically impossible." Thus, he argues, the funds may have crossed the line into fraud or at least breach of trust. "Finding out exactly which is a job for the public prosecutors," Strate said.

It is midnight. The IT processes I stayed up to babysit at this critical time for retail companies have completed. I am anticipating the likely bankruptcy of the business I've worked for these past years. To say sales are "soft" does not really do justice to what is happening. I will most likely join the ranks of the unemployed sometime before Spring; perhaps sooner if the Bank pulls the line of credit out from under us.

We sell across the US and we know that one of our competitors is in the same trouble; this competitor is much much larger than us and you, dear reader, dear consumer, most likely know their name. They were suckered in by those first few weeks of October when it seemed like it might, just might, be a decent holiday season for retailers. Its not going to be a good retail season; imagine that in a period of just four weeks sales have plummeted 70% even as we begin the holiday shopping season. Its not just our main store but all of our sales channels; even the Amazon channel is down.

Sean O'Grady | Nov 20

The Independent - When the masters of the universe came crashing down to earth last year, the reverberations were felt far beyond Wall Street and the City. Sean O'Grady surveys the best of the books that explode the myth that greed is good

One of the few welcome consequences of the global recession has been a modest upsurge in economic literacy, or at least interest. That's not to be exaggerated; most people still don't know their asset-backed securities from the elbows, but at least we're making some attempt to redress that deficit of understanding.

No previous economic crisis has brought forth such a crop of words – over 3,000 new books, a few more reprints, trillions of column inches of newspaper, magazine and web pieces, official reports, not to mention a Facebook page devoted to "Recession Survivors" and those Twittering and blogging their way to an understanding of seismic changes. OK, it isn't much to throw into the balance when you have mass unemployment, the derangement of national finances and the destruction of the world's banking system on the other side, but at least we are creeping towards some acknowledgement of what went wrong, and why. That's something.

So, what to read? A bit like the bewildering complexity of "exotic derivatives" that helped to get us into this mess (and which the bankers themselves never understood), the choice seems endless. It really boils down to which of the three prevalent treatments of the crisis you prefer: the anecdotal, the analytical or the apoplectic.

Grant McCool | New York | November 13

Reuters - Two computer programmers provided technical support to falsify documents and trading records for swindler Bernard Madoff and took hush money to help keep the massive fraud going, U.S. authorities said.

The FBI arrested Jerome O'Hara, 46, and George Perez, 43, at their homes on Friday morning on criminal charges of conspiracy for falsifying books and records at both the broker-dealer and investment arms of Bernard L. Madoff Investment Securities LLC in New York.

Tony Pugh | Washington | Nov 11

McClatchy - As job losses continue to slow the nation's economic recovery, labor experts and economists are urging Congress and the Obama administration to boost funding for a little-known program that 17 states are using to avert layoffs and keep workers in their jobs.

Mass layoffs of 50 or more employees claimed 278,000 jobs in the third quarter alone, according to new government data. All the laid-off workers were idled for at least a month and only one-third of their employers expected any of them to be recalled.

In the face of continuing business slowdowns, however, thousands of employers are forgoing layoffs and taking advantage of state "work-sharing" programs in which they cut the hours of full-time workers, who then recoup a portion of their lost wages — usually 50 to 60 percent — from unemployment insurance benefits.

The rules vary by state, but work sharing typically helps reimburse employees for wage reductions ranging from 10 to 60 percent.

For example, an employer that needs to cut 20 percent of its full-time work force could do so through layoffs. If those laid-off workers earned an average of $500 a week, they probably could expect roughly $250 a week in unemployment benefits.

However, if instead of layoffs those workers' hours were cut by 20 percent through the work-sharing program, they'd each earn $400 a week. They'd also be eligible for the program's jobless benefits, which would make up about half of that $100 wage cut, or $50. With this approach, the worker's earnings would be roughly $450 a week, a 10 percent cut instead of a 50 percent cut.

good program, we started this a few weeks ago AND you get to keep your insurance!

Shaun Polczer | Calgary | Nov 11

Calgary Herald - He proposes switching semis' fuel as first step

North Americans need to embrace natural gas as the clean-burning solution to North America's energy and environmental security, one of the world's leading oilmen told the Calgary Herald's editorial board Tuesday.

T. Boone Pickens, one of the world's foremost oil barons, is hoping to convert more than seven million heavy trucks and vehicles over to the cleaner-burning fuel in an attempt to reduce U.S. reliance on imported oil.

In a meeting with the Herald, Pickens described North America as the "Saudi Arabia" of natural gas, with more than 100 years of potential supplies.

"We have more gas than anyone else in the world," he said. "America is the Saudi Arabia of natural gas. It's time for us to use this abundant resource to end the cycle of foreign oil dependency and addiction that is making us less safe and more economically insecure."

Pickens was in Calgary to promote his latest venture, the BP Energy Fund, which is to begin trading on the Toronto Stock Exchange.

Andrew E. Kramer | Moscow | Nov 10

NYT - What’s powering your home appliances?

For about 10 percent of electricity in the United States, it’s fuel from dismantled nuclear bombs, including Russian ones.

“It’s a great, easy source” of fuel, said Marina V. Alekseyenkova, an analyst at Renaissance Capital and an expert in the Russian nuclear industry that has profited from the arrangement since the end of the cold war.

But if more diluted weapons-grade uranium isn’t secured soon, the pipeline could run dry, with ramifications for consumers, as well as some American utilities and their Russian suppliers.

Already nervous about a supply gap, utilities operating America’s 104 nuclear reactors are paying as much attention to President Obama’s efforts to conclude a new arms treaty as the Nobel Peace Prize committee did.

In the last two decades, nuclear disarmament has become an integral part of the electricity industry, little known to most Americans.

Salvaged bomb material now generates about 10 percent of electricity in the United States — by comparison, hydropower generates about 6 percent and solar, biomass, wind and geothermal together account for 3 percent.

Utilities have been loath to publicize the Russian bomb supply line for fear of spooking consumers: the fuel from missiles that may have once been aimed at your home may now be lighting it.

Nov 8

NYT - Frank Rich:

On Tuesday, Congressional Democrats, with the White House’s consent, voted to gut the Sarbanes-Oxley Act, the post Enron-WorldCom law passed in 2002 to prevent corporate accounting tricks and fraud. Arthur Levitt, the former Securities and Exchange Commission chairman, told me on Friday it was “surreal” that Democrats were now achieving the long-held Republican goal of smashing “the golden chalice” of reform. If investors cannot have transparency, Levitt said, “the whole system is worthless.”

Floyd Norris:

The Sarbanes-Oxley law also took steps to reinforce the independence of the Financial Accounting Standards Board, which writes accounting rules in the United States. By giving the board a secure source of financing, legislators said they were protecting it from the threats of the companies that had previously made donations to keep the board functioning.

But this Congress has made clear that independence for the accounting rule writers can go too far — particularly if the rules force banks to reveal the horrid mistakes they previously made.

This year, a subcommittee of the House Financial Services Committee held a hearing at which legislators sought no facts but instead threatened dire action if the chairman of the financial accounting board did not promptly make it easier for banks to ignore market values of the toxic securities they owned. The board caved in, which may be one reason why banks are reporting fewer losses these days.

But the board’s retreat was not enough to satisfy the banks. The American Bankers Association is now pushing Congress to give a new systemic risk regulator — either the Federal Reserve or some panel of regulators — the power to override accounting standards. The view of the bankers is that the financial crisis did not stem from the fact that the banks made lots of bad loans and invested in dubious securities; it was caused by accounting rules that required disclosure when the losses began to mount.

** Committee Allows a Break on Certain Auditing Rules

Michael J. de la Merced & Andrew Ross Sorkin | November 1

NYT - General Electric and the cable giant Comcast have moved closer to a deal giving control of NBC Universal to Comcast, and a formal announcement could be made sometime next week, people briefed on the talks said Sunday.

After a series of meetings last week, the two companies reached a tentative agreement on Friday over the main points of a deal, these people said. Comcast would own about 51 percent of NBC Universal, contributing several billions of dollars in cash and its own stable of cable networks to the new venture.

Linda Shen | Nov 2

Bloomberg - CIT Group Inc.’s decision to seek court protection probably will keep money flowing to bondholders and 1 million customers of the 101-year-old commercial lender. Shareholders and taxpayers won’t be as fortunate.

CIT’s Chapter 11 bankruptcy may give bondholders new notes at 70 cents on the dollar plus new common stock, and Chief Executive Officer Jeffrey Peek said clients will be able to get funds. Common stock owners could be mostly wiped out, and the U.S. Treasury Department said it won’t recoup much, if any, of the $2.33 billion of taxpayer money that went into CIT, the largest firm to go bankrupt after getting a federal bailout.

“It doesn’t look too good for the government preferred or any preferred holders,” Brian Charles, a debt analyst at New York-based brokerage RW Pressprich & Co., said yesterday. “It’s unlikely common shareholders realize any value.”

Nov 1

BBC - UK: Government to create bank chains

The government is to create three new High Street banking chains by 2015 as part of a major overhaul of the sector.

They will be set up by selling off parts of Royal Bank of Scotland, Lloyds and Northern Rock - the banks which had to be bailed out by the taxpayer.

Ministers and the European Competition Commissioner are in talks over the move, which would go some way to recoup the public money invested in the banks.

There is speculation that buyers might include Tesco and Virgin.

The new chains will be standard retail banks concentrating on deposits and mortgages.

In order to boost competition, they will only be sold to new entrants to the UK banking market and not to existing financial institutions.

Ministers say that creating more competitors on the High Street in this way will invigorate the mortgage market and ultimately lead to a better deal for customers.

Greg Gordon | Nov 1

McClatchy - In 2006 and 2007, Goldman Sachs Group peddled more than $40 billion in securities backed by at least 200,000 risky home mortgages, but never told the buyers that it also was secretly betting that a sharp drop in U.S. housing prices would send the value of those securities plummeting. Now, a five-month McClatchy investigation has found that Goldman's failure to disclose those secret bets may have violated securities laws.

Goldman's sales and its clandestine wagers, completed at the brink of the housing market meltdown, enabled the nation's premier investment bank to pass most of its potential losses to others before a flood of mortgage defaults staggered the U.S. and global economies.

Only later did investors discover that what Goldman had promoted as triple-A rated investments were closer to junk.

Now, pension funds, insurance companies, labor unions and foreign financial institutions that bought those dicey mortgage securities are facing large losses, and a five-month McClatchy investigation has found that Goldman's failure to disclose that it made secret, exotic bets on an imminent housing crash may have violated securities laws.

"The Securities and Exchange Commission should be very interested in any financial company that secretly decides a financial product is a loser and then goes out and actively markets that product or very similar products to unsuspecting customers without disclosing its true opinion," said Laurence Kotlikoff, a Boston University economics professor who's proposed a massive overhaul of the nation's banks. "This is fraud and should be prosecuted."

Washington | Oct 28

AFP - Financial companies with more than 10 billion dollars in assets will have to pay for rivals' failures or rescues, under draft legislation which has been released by the US Treasury and lawmakers.

The plan to address systemic risk in the financial sector will wind down failing institutions and end "too big to fail" bailouts that have been borne by taxpayers, the Treasury and the House Financial Services Committee said Tuesday.

The proposed Financial Stability Improvement Act "provides for the orderly wind-down of failing firms and ends 'too big to fail' to ensure that industry and shareholders absorb the risks and costs of failure, not taxpayers," they said in a statement.

The measure would be a cornerstone of President Barack Obama's commitment to reform financial regulation and avert costly taxpayer bailouts of banks and other financial firms.

"The Financial Services Committee and the Obama administration are committed to ensuring that the taxpayers are never again called upon to take responsibility for Wall Street's business decisions," the bill's sponsors said.

Government is outsourcing a variety of important tasks to private contractors, who operate with little oversight

"In her new book, One Nation Under Contract, Allison Stanger documents in stunning detail the extent to which the United States has turned much of its most important work over to private contractors whose motivation is profit and level of public accountability near zero.

“Lockheed Martin . . . gets more federal money each year than the Departments of Justice or Energy. Lockheed Martin sorts your mail, tallies up your taxes, cuts social security checks, counts people for the US census, runs space flights, and monitors air traffic.’’ In fact, “in this new world,’’ she writes, “the private sector increasingly handles the everyday business of governing.’’

Martin Hickman | Oct 24

The Observer - Commitment aimed at halting ecological damage done in South-east Asia

Marks & Spencer will commit to paying more for sustainable palm oil across its entire range of products today in an attempt to limit environmental damage in south-east Asia.

In a rolling programme over the next six years, M&S will buy GreenPalm certificates for sustainably produced palm oil equivalent to the amount it uses in almost 1,000 food, beauty and home products. Like other food manufacturers, M&S pours palm oil, the world's cheapest vegetable fat, into a wide variety of food and household products such as biscuits and convenience foods.

By early next year, the retailer said nine products, including 200g packs of oatcakes, a 500g cookie selection and seven types of cooked potatoes, would be covered by the GreenPalm scheme. By 2015, it promised to buy certificates for all relevant products. M&S, which would not disclose the cost of the commitment, is also funding a 120-acre wildlife corridor between plantations in Borneo.

Ashley Seager, Julia Kollewe & Kathryn Hopkins | London | October 23

The Guardian - The British economy is mired in its longest recession on record, as government figures out this morning showed a shock 0.4% drop in gross domestic product (GDP) in the third quarter of the year.

The figures confounded widespread hopes that the economy had returned to growth after five consecutive quarters of recession.

City economists had almost unanimously expected a small increase in GDP. Quarterly records go back to 1955 and show there has never until now been six quarters of contraction in a row.

What this article describes is not capitalism. It's parasitism, plain and simple:

But Thomas H. Lee Partners of Boston has not only escaped unscathed, it has made a profit. The investment firm, which bought Simmons in 2003, has pocketed around $77 million in profit, even as the company’s fortunes have declined. THL collected hundreds of millions of dollars from the company in the form of special dividends. It also paid itself millions more in fees, first for buying the company, then for helping run it. Last year, the firm even gave itself a small raise.

Wall Street investment banks also cashed in. They collected millions for helping to arrange the takeovers and for selling the bonds that made those deals possible. All told, the various private equity owners have made around $750 million in profits from Simmons over the years.

In the grand scheme of things a mattress company isn't a top line productive industry, and yet, they still actually make things, as opposed to the bloodsuckers on Wall Street who literally raped the company.

Martin Mittelstaedt | Oct 18

Globe and Mail - Embassy in Washington asks agency to alter plan that would force lake freighters to stop burning dirty bunker fuel

The U.S. Environmental Protection Agency has proposed tough new measures to reduce the health toll from air pollution around the Great Lakes by forcing lake freighters to stop burning dirty bunker fuel.

But the plan has an unusual opponent: The Canadian embassy in Washington has quietly asked the EPA to weaken the measures, arguing that they could harm trade. It wants ships to be allowed to continue using the high-polluting fuel and to instead install smokestack scrubbers that would clean up their emissions. The Canadian recommendation, if accepted, could delay the clean-air measure for years, because the technology for the scrubbers does not yet exist.

The embassy asked the EPA to make the changes in a letter last month, marking a rare instance in which Canada has lobbied the United States to weaken air-pollution controls designed to reduce health problems linked to breathing dirty air. Because winds carry contaminants back and forth across both sides of the Canada-U.S. border, the EPA proposal would also lead to air-quality improvements in Canada.

The Canadian position is supported by the Great Lakes shipping industry, which is warning that the costs of complying with the proposed environmental regulations are so high that they will force companies to scrap some of the iconic steamers that now ply the lakes carrying everything from salt to iron ore.

Kevin G. Hall | Washington | Oct 18

McClatchy - As the housing market collapsed in late 2007, Moody's Investors Service, whose investment ratings were widely trusted, responded by purging analysts and executives who warned of trouble and promoting those who helped Wall Street plunge the country into its worst financial crisis since the Great Depression.

A McClatchy investigation has found that Moody's punished executives who questioned why the company was risking its reputation by putting its profits ahead of providing trustworthy ratings for investment offerings.

Instead, Moody's promoted executives who headed its "structured finance" division, which assisted Wall Street in packaging loans into securities for sale to investors. It also stacked its compliance department with the people who awarded the highest ratings to pools of mortgages that soon were downgraded to junk. Such products have another name now: "toxic assets."

As Congress tackles the broadest proposed overhaul of financial regulation since the 1930s, however, lawmakers still aren't fully aware of what went wrong at the bond rating agencies, and so they may fail to address misaligned incentives such as granting stock options to mid-level employees, which can be an incentive to issue positive ratings rather than honest ones.

New York Times, By David W. Dunlap & James Estrin, October 14

Any effort to describe the photography of Lu Guang by reference to the work of other artists would almost certainly invoke the name of W. Eugene Smith. (It is, for instance, just about impossible to look at Slide 4 without thinking of “Tomoko Uemura in Her Bath.”)

So it seems especially fitting that Mr. Lu, a Chinese freelancer, is the recipient of this year’s $30,000 W. Eugene Smith Grant in Humanistic Photography for his project, “Pollution in China.” The announcement was made Wednesday evening in New York by the W. Eugene Smith Memorial Fund on the occasion of its 30th anniversary.

Graham Bowley | Oct. 16

NYT - A celebrated Goldman Sachs partner, Gus Levy, coined the maxim that long defined the bank, the savviest and most influential firm on Wall Street: “Greedy, but long-term greedy.”

But these days that old dictum is being truncated to just “greedy” by some Goldman critics. While many ordinary Americans are still waiting for an economic recovery, Goldman and its employees are enjoying one of the richest periods in the bank’s 140-year history.

[snip]But despite Goldman’s success or, perhaps, because of it, the bank has come to symbolize for many a return to wanton Wall Street excess. Even in 2008, the most tumultuous year in modern Wall Street history, Goldman employees reaped rewards that most people can only dream about. Goldman paid out $4.82 billion in bonuses last year, awarding 953 employees at least $1 million each and 78 executives $5 million or more. The rewards for 2009 will be far greater.

A comment from Numerian worth a full post on its own:

At first glance, the top line number for Goldman Sachs’ third quarter performance looks spectacular: Net Revenue of $12.37 billion, and $3.19 billion of Net Income. These numbers were multiples larger than the results for the third quarter last year, at the peak of the credit crisis, when Goldman converted itself into a commercial bank. It’s when you look into the details you realize that Goldman didn’t make its numbers this quarter as a commercial bank, nor even as an investment bank (which is what it used to be), but as a hedge fund.

Is there any question that Goldman is a leech on the body-politik of the United States? While the rest of the country struggles to get by Goldman is earning billions every quarter and giving your tax dollars away to the 'best and brightest':

Goldman also disclosed how much it had set aside for its annual bonus pool. It said that it had earmarked $5.35 billion in compensation and benefits, an increase of 84 percent from the year earlier period, putting it on course for a record payout to its executives by the end of 2009.

It's just obscene.

As someone asked a while back about Goldman:

Would someone from the NY Fed kindly explain the precise nature of the waiver that has been granted to Goldman so that it can operate in this fashion? If this is temporary, is it envisaged that Goldman will cease being a bank holding company, or that it will divest itself shortly of activities not usually allowed (and with good reason) by banks? Or will all bank holding companies be allowed to expand on the same basis.

Can we get some answers?

David Cho | October 11

WaPo - The financial crisis has blown a hole in the rosy forecasts of pension funds that cover teachers, police officers and other government employees, casting into doubt as never before whether these public systems will be able to keep their promises to future generations of retirees.

The upheaval on Wall Street has deluged public pension systems with losses that government officials and consultants increasingly say are insurmountable unless pension managers fundamentally rethink how they pay out benefits or make money or both.

Washington | Oct 6

UPI - Boeing and international academic and business partners are looking into ways of producing commercially viable aviation fuel from saltwater plants in a push toward reducing carbon emissions from air travel.

The Boeing Co. said scientific studies were focused on salicornia bigelovii and saltwater mangroves -- plants known as halophytes.

Research conducted in the United States, Abu Dhabi, the United Arab Emirates and other locations showed the plants thrive when irrigated with seawater and can be produced in large quantities to extract biofuel suitable for aircraft.

Aviation industry analysts said a biofuel substitute for hydrocarbons used in air travel could help ease environmentalist concerns over aviation's carbon footprint.

A switch from expensive, high-octane aviation fuel to biofuels could also help counter a rising global aversion to air travel because of the perceived damage to the Earth's ecology, said the analysts.