Thursday, April 30, 2009

Of Goldman, Geithner and Grifters

April 28, 2009 | 7:27 p.m
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Shocked! Shocked! There's gambling going on.
Getty Images

Last week I turned 73. In all that time (as it seems to me), I cannot recall seeing anything in a newspaper that filled me with as much disgust and outrage as this, which appeared on the front page of Sunday’s New York Times: “After Off Year, Wall Street Pay Is Bouncing Back.”

I brooded on this a good part of the day. The Times piece reported that average (not median, average) pay at Goldman Sachs shaped up at $569,220. Since the political and economic discourse of recent months has fixated on $250,000 as the line of demarcation between well-off and not, I couldn’t help wondering what halving the Goldman average might extrapolate to in terms of people kept on rather than laid off, and other questions of that sort. What might we be talking about? A couple of thousand extra pairs of hands spending money in this city’s economy and elsewhere? Five thousand? You can see how, by Sunday night, I’d managed to get myself pretty worked up.

On Monday morning, my mood wasn’t helped by a squib on Bloomberg.com: “Goldman Sachs Boosts Risk-Taking at Fastest Pace On Wall Street.” Your TARP dollars and mine at work, I reflected. But, of course, Goldman plans to pay back its TARP money, which raises the question: Was TARP (and correlatives) supposed to be a crucial economic initiative, or merely the Wall Street equivalent of a flag of convenience?

I WASN’T THE ONLY ONE bothered by what was reported in Sunday’s Times. Paul Krugman had quite a bit to say in his Monday column. Among other things, he reiterated something that we whose public capital is being shamefully, greedily exploited need to repeat to our mirror a dozen times a day: “I’m not just talking about the $600 billion or so already committed under the TARP. There are also the huge credit lines extended by the Federal Reserve; large-scale lending by Federal Home Loan Banks; the taxpayer-financed payoffs of AIG contracts; the vast expansion of F.D.I.C guarantees; and, more broadly, the implicit backing provided to every financial firm considered too big, or too strategic, to fail.”

In other words, imagine a publicly owned casino whose management has worked it out that every player except the house, every grifter, sharpie, shark imaginable, gets to play with the house’s—that is, the stockholders’, which is to say, our—money.

This stinks. Stinks to high heaven. Stinks all the way from Wall Street to K Street, whence you can be sure significant funds have been routed to Congress to purchase the Capitol Hill equivalent of an S.E.C. “no action” letter. No Action, which begins with “N,” which sort of rhymes with “M”—as in Madoff.

What went down at Madoff Investment Securities is zilch compared to the moral dubiousness of the Great Geithner Giveaway, which is shaping up to be the biggest mulcting of an innocent polity in recorded history. As one keen-penciled observer, Satyajit Das, notes on his blog, TARP, etc., have enabled financial double-dipping of a rapacious effrontery that would have made Jim Fisk redden with envy: “The issuance of government guaranteed bank debt provided underwriters with a ‘double subsidy’—the government guaranteed the debt but then allowed the banks to earn generous fees from underwriting government guaranteed debt.”

Here’s how Bloomberg.com explains the financial “progress” that enables Goldman Sachs to trade on the economic and investment discomfort of millions at a level that permits a pay average of $569,220. I emphasize “trade” because that’s the only game on the Street right now—that and bankruptcy advice. Mergers are very few and very far between, underwritings likewise, and private equity is off in a corner figuring out how to minimize its write-offs. Anyway, here’s Bloomberg.com on Monday: “Wall Street made money in the first quarter from traditionally unprofitable corporate loans and trades for their customers, as the gap between what banks pay to buy fixed-income securities and what they sell them for, the so-called bid-ask spread, almost doubled.”

But that’s really not quite the way it works. “Buy cheap, sell dear” isn’t quite the same as “Borrow cheap, lend dear.” The difference may be subtle, but not when it comes to totting up the zeros on the bottom line. It’s all about allocation and location of risk, about whose ox will get gored. The Bloomberg account speaks of “… traditionally unprofitable corporate loans and trades for their customers …”—and that may once have been the case, but not when Uncle Sam is handing out free money to finance your trading book and allowing you to keep liquidity tight enough to permit a mark-up that a Bensonhurst loan shark would blench at. At that point, the Bloomberg report should speak of “… traditionally profitable loans and trades for its own account.”

I DON’T KNOW what we can do about this. The fix is in. Geithner is the Street’s poodle, that’s clear enough. He can’t really be blamed: It’s all he knows.

I know a bit about that world, too. I worked on and around the Street for a quarter-century. I know what the work used to be about, what it’s about now, what kind of qualities it takes to be successful. Back when I was co-running corporate finance at Lehman, in the early 1970s, I shared in the hiring of some young men who have gone on to eminence and wealth. I made partner at the age of 30, but I can’t say I was a success, because I had no taste for the intellectual and moral coarseness of Wall Street, and if you have no respect for the work you’re doing, sooner or later you won’t be very good at it. That was my story.

At least, back then, more times than not, we thought we were helping the country to move forward by arranging finance for ventures and infrastructure and business combinations. Not that we didn’t chase our share of fool’s gold and follow the dictates of expediency (conglomerates come to mind), but we prospered only as our clients did. Our business was about our clients; if trading for our own account added up to 10 percent of our action, that was high.

But it changed. We started dealing commercial paper in 1966 or thereabouts, purely as a client service. If the paper reposed on our balance sheet more than a matter of hours, that was cause for alarm. But within five years, we discovered we could use our low-rate bank lines to position our clients’ paper and pocket the spread between what we were paying and what we were charging. We had become a bank without a license or a charter. Trouble followed.

As I say, I don’t know what we can do. What Goldman is up to is disgusting. That’s the way it usually has been, and it’s interesting that Morgan Stanley, a firm with a different ethical DNA, trails badly in the league tables. I think what we’re seeing are the consequences of living in a society that has essentially eliminated stigma and disgrace as shaping forces when it comes to institutional and personal behavior—almost wholly with respect to institutional and corporate conduct, and significantly in our private lives. I’d say turn back the clock, but when I look at the long arcs of American history, I’m not sure exactly where I’d turn it back to. Like the poor, the money-changers we have always with us.

John Thain insists BofA knew about bonus payments

April 27, 2009

John Thain, who was ousted from Merrill Lynch following its takeover, makes a series of explosive claims about BoA

John Thain, the Wall Street veteran who was ousted from Merrill Lynch following its takeover by Bank of America (BoA), has fired back at attempts to blame him for the investment bank's surprise loss and controversial bonus payments.

Mr Thain was asked to leave the company in January by Kenneth Lewis, BoA's chief executive, after the announcement of Merrill's $15.8 billion fourth-quarter loss. Days later, it was reported that $3.6 billion in bonuses were paid to Merrill's bankers in December, a month ahead of schedule.

BoA has since claimed that the decision to pay the bonuses early was made solely by Mr Thain. Mr Lewis told a Congressional committee in February that BoA urged Mr Thain not to make the payments but had "no authority" to stop them because Merrill was a separate company until the takeover closed in January.

Sources close to BoA also accused Mr Thain of having kept secret Merrill's mounting losses from Mr Lewis and of going on skiing holiday in December when the flood of red ink was emerging.

In an interview with the Wall Street Journal (WSJ) published today, Mr Thain talked at length about his ousting for the first time and made a series of explosive claims about BoA and Mr Lewis.

"Getting fired is one thing. But nobody has the right to say things that they know aren't true," he told the WSJ.

Mr Thain insisted that Mr Lewis knew that the bonus payments were being made ahead of schedule and agreed to them in writing. The WSJ reported that this claim was backed up by documents reviewed by the newspaper.

"The suggestion Bank of America was not heavily involved in this process, and that I alone made these decisions, is simply not true," Mr Thain said.

He added that several other BoA executives were on holiday at the same time as him, including Mr Lewis and Neil Cotty, BoA's chief accounting officer, who was at the time in the process of pouring over Merrill's books.

He said that about 200 BoA employees, including Mr Cotty, had moved into Merrill's offices soon after the takeover announcement in September. Dozens of workers were monitoring Merrill's financial situation on a daily basis, making it impossible for BoA not to have know about growing losses at the investment bank, Mr Thain said.

BoA told the WSJ that it "stands by statements it has made", with the bank's spokesman adding that BoA "believe that it is time to move on".

However, Mr Lewis is expected to face tough questioning from investors at the bank's annual general meeting on Wednesday.

In testimony to the New York Attorney General, who is investigating the bonus payments, released last week Mr Lewis said that BoA was forced to go through with the $50 billion takeover by the Federal Reserve and the US Treasury.

If he did not finalise the deal, he was told by Hank Paulson, the then-Treasury Secretary, that he would cause the financial system to collapse and that he and the BoA board would be removed.

Shareholders are furious that they were not told of Merrill's losses until after they had approved the takeover.

Chrysler succumbs to bankruptcy after struggle


DETROIT (AP) — After months of struggling to stay alive on government loans, Chrysler finally succumbed to bankruptcy Thursday, pinning its future on a top-to-bottom reorganization and plans to build cleaner cars through an alliance with Italian automaker Fiat.

The nation's third-largest car manufacturer filed for Chapter 11 bankruptcy protection in New York, with ambitions to emerge in as little as 30 days as a leaner, more nimble company, probably with Fiat as the majority owner. In return, the federal government agreed to give Chrysler up to $8 billion in additional aid and to back its warranties.

"It's a partnership that will give Chrysler a chance not only to survive, but to thrive in a global auto industry," President Barack Obama said from the White House.

Starting Monday, Chrysler said, it will close all its plants until it comes out of bankruptcy. At least three Detroit-area factories sent workers home Thursday after suppliers stopped shipping parts over fears they would not be paid.

CEO Robert Nardelli announced he would step down when the bankruptcy is complete and take a post as an adviser with Cerberus Capital Management LP, which will give up its 80 percent ownership of Chrysler under the automaker's plan. Vice Chairman Tom LaSorda, who once ran the company when it was owned by the German automaker Daimler, said he would retire.

"A lot of us are scared," said Steve Grabowski, 33, who has worked at a Warren, Mich., parts stamping plant for seven years and was sent home Thursday. "We knew something like this was going to happen, but we didn't think it would be so soon."

Chrysler's bankruptcy filing is the latest step in a drastic reordering of the American auto industry, which has been crushed by higher fuel prices, the recession and customer tastes that are moving away from the gas-guzzling SUVs that were once big money makers.

Lee Iacocca, the retired chairman and CEO who led Chrysler through a government bailout in the late 1970s, said it was a sad day.

"It pains me to see my old company, which has meant so much to America, on the ropes," he said in a written statement. "But Chrysler has been in trouble before, and we got through it, and I believe they can do it again."

The government has sunk about $25 billion in aid into Chrysler and rival General Motors Corp.

GM faces its own day of reckoning on June 1, a date the administration has set for it to come up with its own restructuring plan. GM has announced thousands of job cuts, plans to idle factories for weeks this summer and has even offered the federal government a majority stake in the company as it races to meet the deadline.

"We understand that there will be more pain for people in Michigan," said Sen. Debbie Stabenow, a Michigan Democrat.

When Chrysler emerges from bankruptcy, the United Auto Workers union will own 55 percent of the automaker and the U.S. government will own 8 percent. The Canadian and Ontario governments, which are also contributing financing, would share a 2 percent stake.

Under the deal, Chrysler would gain access to Fiat's expertise in small, fuel-efficient vehicles. The U.S. automaker eventually wants to build cars that could get up to 40 mpg, far more economical than its current fleet focused on minivans, Jeep SUVs and the Dodge Ram pickup.

In exchange, Fiat would initially get 20 percent of the company, but its share could rise to 35 percent if certain benchmarks are met, and Fiat said Thursday it could get an additional 16 percent by 2016 if Chrysler's U.S. government loans are fully repaid. Fiat would also get access to the North American market through Chrysler factories and dealerships.

Fiat CEO Sergio Marchionne said he planned to spend time meeting Chrysler employees and touring its plants over the next few weeks.

He said Fiat was preparing for Chrysler to "re-emerge quickly as a reliable and competitive automaker." Fiat also plans to reintroduce brands like Alfa Romeo in North American markets.

First, though, bankruptcy court Judge Arthur Gonzalez will have to sort out the issue of Chrysler's creditors, who hold $6.9 billion of the company's debt. The company's first hearing is set for Friday.

The Treasury Department's auto task force had been racing for the past week to clear the hurdles that led the government to reject Chrysler's initial survival plan one month ago. Along with the Fiat deal, Chrysler adopted a cost-cutting pact with the UAW on Wednesday.

Four of the largest banks holding 70 percent of Chrysler's debt agreed this week to a deal that would give them $2 billion. But a collection of hedge funds refused to budge, saying the deal was unfair and would only return a small fraction of their holdings.

When the hedge funds refused a sweetened offer Wednesday, Chrysler and the government resorted to bankruptcy.

Obama chastised the funds for seeking an "unjustified taxpayer-funded bailout."

One lender, OppenheimerFunds Inc., said it rejected the government offer because it "unfairly asked our fund shareholders to make financial sacrifices greater than the sacrifices being made by unsecured creditors."

Later Thursday, one of the hedge funds that had been a holdout issued a statement agreeing to the offer.

"We believe that this is in the best interests of all Chrysler stakeholders, and our own investors and partners," said the statement from Perella Weinberg Partners. The fund said it was working "to encourage broad participation in the settlement."

The White House said Chrysler could comes out of "surgical" bankruptcy in 30 to 60 days. Under normal circumstances, it would be difficult to complete such a large bankruptcy so quickly.

But John Pottow, a University of Michigan professor who specializes in bankruptcy, said the government's level of involvement is much greater than a typical corporate bankruptcy.

"If you have the president of the United States who wants something to happen, I think anything's possible in bankruptcy protection," he said.

The Fiat deal and bankruptcy cap a disastrous time for Chrysler.

The Auburn Hills, Mich.-based company lost $8 billion last year and its sales through March were down 46 percent compared with the same period last year, leading some auto industry analysts to question whether Chrysler can survive even in bankruptcy.

But company executives told reporters Thursday that Chrysler vehicles with Fiat's fuel-efficient technology should reach showrooms in 18 months.

Vice Chairman Jim Press said Chrysler has cut expenses to operate profitably at a lower sales volume, and he said it would be able to take advantage of Fiat's distribution network to sell more vehicles globally.

Also, the company has new products coming out such as the new Jeep Grand Cherokee, which debuts in early 2011.

Press said the company predicts that small-car sales will rise dramatically around the time the Fiat products hit the U.S. market.

"The real volume pickup opportunity for smaller cars is going to start to ramp up about two years from now," he said.

Despite the turmoil with Chrysler and GM's looming deadline, Obama urged consumers to keep buying cars.

"If you are considering buying a car, I hope it will be an American car," he said.

Wednesday, April 22, 2009

Goldman Sachs Shook Tens of Billions Out of Tax-Payers -- Now They're Whining All the Way to the Bank

By Dean Baker, AlterNet
Posted on April 21, 2009, Printed on April 22, 2009
http://www.alternet.org/story/137561/

Lloyd Blankfein, the CEO of Goldman Sachs, is very upset with the Troubled Asset Relief Program (TARP). Last fall, Mr. Blankfein borrowed $10 billion through the TARP at below market interest rates. Now, the government is starting to tie some real conditions to this money, for example, by limiting what Goldman can pay its executives. Mr. Blankfein argues that such conditions are making it impossible to run his business and is now anxious to return the TARP money.

It is great to see that Goldman is finally prepared to go forward into the market without its government training wheels of TARP aid, but, unfortunately, Mr. Blankfein isn't yet confident enough in his business acumen to actually forego government assistance. Goldman Sachs has benefited and continues to benefit enormously from other forms of government aid.

For example, last fall Mr. Blankfein also took advantage of the opportunity to borrow $25 billion with an FDIC guarantee to his creditors. If this government guarantee reduced his borrowing costs by two percentage points, then it means that the taxpayers handed Goldman $500 million a year in lower interest costs.

Goldman Sachs also has the opportunity to borrow at several of the Federal Reserve Board's special lending facilities at below market interest rates. We don't know how much taxpayers have given Mr. Blankfein through this channel because the Fed won't tell us. Fed Chairman Ben Bernanke's position is that when the Fed gives out money, the taxpayers just get to write the checks; taxpayers don't get to know where they went.

Mr. Blankfein also got a big wad of taxpayer money from the A.I.G. bailout. It was the biggest single beneficiary of the government's largess, pocketing more than $12 billion. If matters had been left to the market and A.I.G. had gone under, Goldman Sachs likely would have gotten almost none of the money that A.I.G. owed it.

In short, Mr. Blankfein is not at all prepared to go out on his own in the rough and tumble of the market; he just doesn't like government programs that come with conditions, like the TARP. He would much rather get his government money with no strings attached. And, since there are channels through which Goldman can get government money without any strings, it is perfectly understandable that Mr. Blankfein would opt out of a program with strings.

In this sense, Mr. Blankfein's attitude might be comparable to a mother receiving Temporary Assistance for Needy Families (TANF). To receive their benefits of roughly $500 per month, mothers must meet a variety of work and other requirements and endure lectures on the virtues of being married.

Undoubtedly, many mothers find these TANF requirements to be quite annoying. However, unlike Mr. Blankfein, most of the mothers receiving TANF do not have friends in high prices in the administration and Congress. As a result, the mothers receiving TANF will just have to live with the conditions the government imposes on their behavior.

Mr. Blankfein's whining is reminiscent of the resignation letter of Jack DeSantis, an A.I.G. executive who resigned in response to the public outcry over the huge A.I.G. bonuses. In this letter, which was reprinted in The New York Times, Mr. DeSantis complained that he worked 60- to 70-hour weeks to help in the unwinding of A.I.G. Of course, unlike the vast majority of people who put in long weeks, who earn less than $100,000 a year, Mr. DeSantis felt entitled to a salary of close to $1 million a year.

Furthermore, Mr. DeSantis apparently had a poor understanding of contract law. As a bankrupt company, A.I.G. could not make binding commitments for future payments -- it didn't have the money. At the insistence of the government, hundreds of thousands of autoworkers are now faced with the loss of the retiree health benefits for which they worked decades. Mr. DeSantis thinks that he is deserving of sympathy because the public is angry over his $750,000 bonus.

The basic story is straightforward. The Wall Street crew thinks that they are entitled to pilfer as much as they want from the public and from the government. These people have no interest in a "free market"; they would be scared to death of being forced to work for a living in the absence of a government safety net.

The Wall Street crew has relied on its political power to rig the rules to make them incredibly wealthy. They are relying on this political power to ensure that the rules remained rigged, even though their crooked deck wrecked the economy, costing tens of millions of people their jobs, their homes and their life savings. So far, it looks like the Wall Street boys are winning.

Friday, April 17, 2009

Obama Adviser Said to Be Tied to Pension Deal

April 17, 2009

The man leading the Obama administration’s efforts to restructure the auto industry has been described in Securities and Exchange Commission documents as having arranged for his investment firm to pay more than $1 million to obtain New York State pension business.

Although he is not named in the documents, a person with knowledge of the inquiry said the investment executive is Steven Rattner, co-founder of the Quadrangle Group, the prominent private equity firm.

The S.E.C. complaint, filed as part of an expansive state and federal investigation into corruption at the state pension fund, details the efforts of Quadrangle to gain business from the pension fund beginning in 2004.

The person who received most of the $1 million-plus payment has been indicted, accused of selling access to the fund.

There is no indication in the complaint that Mr. Rattner faces criminal or civil charges in connection with the inquiry.

Mr. Rattner did not respond to messages seeking comment. A Treasury Department spokeswoman did not address the allegations, but said in a statement, “During the transition, Mr. Rattner made us aware of the pending investigation.”

In a statement, Quadrangle said the firm is fully cooperating and has produced all documents sought by investigators.

“Our expectation is that no action will be taken,” the statement said.

The S.E.C. and the office of Attorney General Andrew M. Cuomo, jointly conducting the investigation, also declined to comment.

The inquiry has focused on the four-year tenure of the former comptroller Alan G. Hevesi, who resigned after pleading guilty to an unrelated felony in 2006.

Investigators are scrutinizing the fees paid by investment firms to intermediaries who arranged deals with the $122 billion pension fund. While such payments are legal, they often raise questions about conflicts of interest and would be illegal if used to bribe public officials.

In a 123-count indictment issued last month, two aides to Mr. Hevesi were accused of selling access to the fund. The aides, Hank Morris, who was Mr. Hevesi’s top political consultant, and David Loglisci, the fund’s chief investment officer, have denied any wrongdoing.

The S.E.C. complaint, which was released Wednesday, describes steps undertaken by the Quadrangle executive to win $100 million worth of business from the pension fund in 2005. That amount accounted for nearly 5 percent of a Quadrangle private equity fund and helped the company raise money from other investment funds.

In October 2004, the executive met with Mr. Loglisci to seek the pension fund investment and Mr. Loglisci “reacted favorably” and “began taking the necessary steps to secure approval” for the investment, the complaint said.

Two months later, in December, the same executive met with Mr. Morris, who, according to prosecutors, was working in tandem with Mr. Loglisci to generate millions of dollars in fees from the investment firms, and within weeks had agreed to a deal to pay an obscure securities firm that employed Mr. Morris 1.1 percent of any money that the retirement fund invested with Quadrangle, as a placement agent fee. That worked out to $1.1 million, of which Mr. Morris received 95 percent.

The timing of the meeting with Mr. Morris was significant, the complaint indicated, because the Quadrangle executive had already met with Mr. Loglisci and would presumably not need a placement agent. In addition, Quadrangle had previously retained a separate placement agent.

The executive also met with Mr. Loglisci about a low-budget movie Mr. Loglisci was producing, “Chooch.” Soon afterward, GT Brands Holdings, a company owned by one of Quadrangle’s private equity funds, made a deal to acquire the DVD distribution rights to “Chooch,” an agreementthat made the film’s producers nearly $90,000.

The Quadrangle executive called Mr. Morris after the distribution deal was closed, and told him of the deal’s “connection to Loglisci.” Three weeks later, Mr. Loglisci “personally informed the Quadrangle executive that the retirement fund would be making a $100 million investment” in Quadrangle, the complaint said.

Mr. Rattner, who had been an investment banker at Lazard, co-founded Quadrangle in 2000. The investment firm dove into private equity investing in media companies, including investments in a large German cable operator and Comcast. It counted some of the biggest media and finance executives as investors, drawing on Mr. Rattner’s social and political connections.

The fund’s investors are heavily skewed toward wealthy individuals, according to a person familiar with the investor roster.

But Quadrangle sought out institutional money, like the state pension fund, as it grew. The firm counts among its investors the Los Angeles Fire and Police Pensions, Calpers and the New Mexico State Investment Council, according to Capital IQ, a division of Standard & Poor’s.

The New Mexico fund signed on after Mr. Rattner told its officials about other pension investors, including New York, according to minutes of a 2005 state pension meeting in New Mexico.

In 2003, Quadrangle paid $250 million to buy GT Brands Holdings, the owner of the GoodTimes movie brand as well as Richard Simmons weight-loss videos.

The investment was a bust: Soon after Quadrangle bought GT, the company’s earnings were falling, and in 2005 GT filed for bankruptcy.

Mr. Rattner’s selection for the auto job was a topic of much speculation beginning in January, but it took several weeks to be settled. Two people close to the Obama administration said there were a handful of concerns about Mr. Rattner before he was named to his new position, but they declined to elaborate on what those concerns were.

Thursday, April 16, 2009

Mall operator files for bankruptcy protection

Mall operator General Growth Properties files for Chapter 11 bankruptcy protection
  • Thursday April 16, 2009, 6:28 am EDT

LOS ANGELES (AP) -- General Growth Properties Inc., the nation's second-largest mall operator, filed for Chapter 11 bankruptcy protection early Thursday after it failed to persuade a majority of its debt holders to give it more time to refinance billions of dollars in debt racked up during the housing boom.

The move by the Chicago-based real estate investment trust had been widely anticipated since the fall, when the company warned it might have to seek bankruptcy protection if it didn't get lenders to rework its debt terms. Efforts to negotiate with its unsecured and secured creditors ultimately fell short late last month.

"While we have worked tirelessly in the past several months to address our maturing debts, the collapse of the credit markets has made it impossible for us to refinance maturing debt outside of Chapter 11," Chief Executive Adam Metz said in a statement.

Chapter 11 protection typically allows a company to hold off creditors and operate as normal while it develops a financial reorganization plan.

The company had about $29.6 billion in assets and more than $27 billion in liabilities as of Dec. 31, according to documents filed with the U.S. Bankruptcy Court in the Southern District of New York.

The company noted that some subsidiaries, including its third party management business and joint ventures, were not part of the bankruptcy petition.

General Growth said it intends to reorganize with the aim of cutting its corporate debt and extending the terms of its mortgage maturities. It also said it will continue operating all of its shopping centers during the bankruptcy process.

The company said it received a financing commitment from Pershing Square Capital Management LP of about $375 million that General Growth expects to use to operate during the bankruptcy process.

General Growth, which has a stake in more than 200 malls across 44 states, has seen its fortunes sour as the U.S. economy worsened and the credit markets froze, leaving it hard-pressed to refinance the billions in debt the company took on during an aggressive expansion effort that included the $7 billion purchase of a competitor in 2004.

Last month, General Growth said it got lenders to waive default on a $2.58 billion credit agreement until the end of the year.

But its Rouse Co. subsidiary failed to convince enough holders of unsecured notes worth $2.25 billion as of Dec. 31 to accept a proposal that would let the unit avoid penalties for being behind on its debt payments and give it some time to refinance its debt load.

In February, the company reported lower-than-expected fourth-quarter funds from operations and a dip in revenue amid weaker retail rents.

The company has suspended its dividend, halted or slowed nearly all development projects and cut its work force by more than 20 percent. It also has sold some of its non-mall assets.

Its stock, meanwhile, which traded last spring as high as $44.23, has lost nearly all of its value in the past year, closing on Wednesday unchanged at $1.05.

General Growth Properties Inc.: http://www.ggp.com/

Nokia profit plunges 90 percent in 1st-qtr

Nokia profit plunges 90 percent to $161 million in first quarter as mobile phone sales drop

  • Thursday April 16, 2009, 6:48 am EDT

HELSINKI (AP) -- Nokia Corp. on Thursday said its profits plummeted 90 percent in the first quarter as demand for mobile phones continued to weaken amid a slump.

The world's top mobile phone maker said net profit was only euro122 million ($161 million) compared to euro1.2 billion in the same period last year.

Sales fell 27 percent to euro9.3 billion ($12.2 billion), from euro12.7 billion in the first quarter of 2008.

Nokia's share price surged almost 8 percent in Helsinki to euro10.92 ($14.38) after the report.

Nokia maintained its previous estimate that mobile device market would shrink by 10 percent this year and held on to its target of boosting market share.

Nokia has fared better than many rivals during the world economic slump. But it, too, has been hit by falling demand. Last month it announced 1,700 layoffs worldwide.

"In what has been an exceptionally tough environment, we continue to invest in a focused manner in consumer Internet services delivered across our broad portfolio of mobile devices," chief executive Olli-Pekka Kallasvuo said. "Combined these solutions will drive our future growth."

Kallasvuo said he was "especially pleased" with the performance of the Nokia5800, a touch-screen music phone that rivals Apple's iPhone.

Nokia's handset sales plunged 33 percent in January through March to euro6.2 billion ($8.17 billion), leaving Nokia with a 37 percent market share, unchanged from the previous quarter but down 2 percentage points from the first quarter of 2008.

The Finnish company said it sold 93 million devices in the period, down 19 percent from 115 million in the year-ago quarter. In the last quarter of 2008 Nokia sold 113 million handsets.

US foreclosures up 24 percent in 1st quarter

Foreclosures up 24 percent in first quarter as temporary halts expire

  • Thursday April 16, 2009, 6:20 am EDT

WASHINGTON (AP) -- The number of American households threatened with losing their homes grew 24 percent in the first three months of this year and is poised to rise further as major lenders restart foreclosures after a temporary break, according to data released Thursday.

The big unknown for the coming months, however, is President Barack Obama's plan to help up to 9 million borrowers avoid foreclosure through refinanced mortgages or modified loans. The Obama administration expects its plans to make a big dent in the foreclosure crisis. But it remains to be seen whether the lending industry will fully embrace it, despite $75 billion in incentive payments.

The faltering economy is causing the housing crisis to spread. Nationwide, nearly 804,000 homes received at least one foreclosure-related notice from January through March, up from about 650,000 in the same time period a year earlier, according to RealtyTrac Inc., a foreclosure listing firm. During the quarter, Ohio was the state with the seventh highest number of homes seeing foreclosure activity with about 31,600 receiving at least one filing, up 1 percent from a year earlier.

In March, more than 340,000 properties were affected nationwide, up 17 percent from February and 46 percent from a year earlier. Ohio had 12,600 homes receiving foreclosure notices during the month, 12 percent more than during March 2008.

Foreclosures "came back with a vengeance" last month and are likely to keep rising, said Rick Sharga, RealtyTrac's senior vice president for marketing.

Nearly 191,000 properties completed the foreclosure process and were repossessed by banks in the quarter. While the number was down 13 percent from the fourth quarter of last year, it is expected to rise through the summer and then possibly taper off.

Fannie Mae and Freddie Mac, the big mortgage finance companies, together with many banks had temporarily halted foreclosures in advance of Obama's plan. Now armed with the details about which borrowers can qualify, the mortgage industry has begun foreclosing on ineligible borrowers.

The Treasury Department has signed contracts with six big loan servicing companies -- including Citgroup, Wells Fargo and JPMorgan Chase. Many have already started processing loans as part of the government's "Making Home Affordable" plan.

"We need to get the long-term solutions for these folks," Shaun Donovan, Obama's housing secretary, said in an interview.

In the coming months, Donovan said, there are still likely to be increased foreclosures, especially from vacant houses, second homes and those owned by speculators. None of those properties will qualify for a loan modification. However, he remained optimistic that overall foreclosures could start to decrease this summer.

But even industry executives who emphatically support the plan emphasize that it's success isn't guaranteed.

"The effectiveness of the plan overall obviously is going to depend on the level of industry participation," said Paul Koches, general counsel of Ocwen Financial, which collects loan payments on subprime loans.

Many borrowers and consumer groups claim the modifications offered by the lending industry don't do enough to help cash-strapped homeowners, despite more than a year of public prodding from regulators. Fewer than half of loan modifications made at the end of last year actually reduced borrowers' payments by more than 10 percent, data released last month show.

Plus, the lending industry has been swamped by the unprecedented wave of calls from distressed borrowers. "You can't wave a magic wand and make the loans suddenly modified," Sharga said. "They're all individual transactions."

In RealtyTrac's report, Nevada, Arizona, California and Florida had the nation's top foreclosure rates. In Nevada, one in every 27 homes received a foreclosure filing, while the number was one in every 54 in Arizona. Rounding out the top 10 were Illinois, Michigan, Georgia, Idaho, Utah and Oregon.

Wednesday, April 15, 2009

Pipe From India Incenses Illinois Town

April 16, 2009

GRANITE CITY, Ill. — Jeff Rains, a retired steel worker at the sprawling mill here, made the discovery. Out walking a month ago, he waited impatiently at a rail crossing while a freight train slowly passed, its flatbed cars stacked with steel pipes, each wide enough for a child to crawl through. Then he noticed “Made in India” stenciled on the pipes.

That observation has made him a Paul Revere in the eyes of many townspeople. Hundreds of sections of imported steel pipe have been moving into Granite City for use in an oil pipeline. The steel mill, meanwhile, has been shut since December for lack of orders — the first time in its 130-year history — and nearly 2,000 workers are on furlough.

“I was very mad when I saw they were imported; I wondered why this pipe had not been made in the United States,” said Mr. Rains, who is 61. Once the train passed, Mr. Rains, still active in union affairs, hastened to the union hall to spread the word.

The United Steelworkers union has been trying ever since to galvanize the Granite City story into national outrage over steel imports, raising suggestions of protectionism in the process. The union and its workers want steel pipe for future projects to be made in the United States, creating domestic jobs.

With the economy in tatters, top corporate executives often state privately that they fear this downturn will fuel public sentiment against foreign-made products. Indeed, in February — before Mr. Rains made his discovery — 5,000 people marched through the streets of this steel town in support of a strong “Buy America” clause in the $787 billion stimulus bill then before Congress.

The imported pipe has inflamed that sentiment. The union filed an antidumping lawsuit in Washington last Wednesday against tubular and pipe steel imported from China. A day earlier, Local 1899 staged a rally here, drawing more than 500 people to the same field where the lengths of “Indian pipe,” as the people here call them, have been stacked.

“The steel pipe behind us is a symbol of what has gone wrong in this country,” one of the speakers declared, arguing in effect that a lax Congress and greedy businesspeople, as in Wall Street, had brought three months of layoff, so far, to more than 10 percent of Granite City’s work force. The crowd cheered, and some chanted back, “No more greed.”

The union’s hope is that the Indian pipe episode will provoke a broad outcry, and similar finger-pointing, forcing Congress to tighten trade rules and pressuring companies that import steel to buy more from domestic suppliers instead.

The pressure on Congress is already evident. A provision in the stimulus package, signed into law in February, limits the hiring of foreign workers by any company receiving government bailout money. At least one institution, Bank of America, has rescinded job offers to foreign citizens otherwise eligible for H-1B visas.

The United Steelworkers asserts that free trade is not the issue. The union’s leaders endorse that, as do the chief executives of nearly every multinational company. What the Indian pipe represents, the union argues — and they are joined in this by steel industry executives — is a violation of fair trade. They contend that generous government subsidies allow Indian and Chinese manufacturers to “dump” steel in this country at prices below the fair market value.

“Other countries point the finger at the U.S. and say we are protectionist,” said Nancy Gravatt, a spokeswoman for the American Iron and Steel Institute, representing mill owners, “and then you look at the details in the other countries and they are not playing by the rules at all.”

Such strong language aside, the episode here has not generated the broad public outcry of, say, the bonuses paid out by the American International Group. That is perhaps because trade issues do not generate the same reaction as huge Wall Street bonuses, and perhaps because the steel workers themselves, as they explained in interviews here, would not have objected to the Indian steel if they were still fully employed at U.S. Steel’s Granite City Works. But the industry has been operating at less than 50 percent of capacity since last fall.

Imports have accounted for a steady 20 to 25 percent of the nation’s steel consumption for a decade or more — and neither the union nor the steel mill operators challenged that inroad.

But now they are, partly through stepped-up antidumping actions, like the one filed against China last week. The union, in addition, is pushing for policies that would increase manufacturing in the United States, reversing a long decline. It favors, for example, tax credits that would encourage more domestic production of solar panels and wind turbines, replacing imports.

“I have seven children, and six of them need a job,” said Ricky Jankowski, a laid-off steel worker here. “If one of them gets a manufacturing job as a result of our protests, it will be worth it.”

The shrinking of American manufacturing was indeed a handicap when TransCanada, a giant Canadian energy company, agreed to buy 560,000 tons of large-diameter pipe in 2006 for its 1,600-mile Keystone Pipeline, now being built from Alberta to Oklahoma to carry oil to American refineries from Canada’s tar sand fields. A section of the pipeline will pass near this Mississippi River town, opposite St. Louis.

An American mill provided 30 percent of the pipe, Canadian mills 23 percent and a giant Indian company, Welspun, the remaining 47 percent, at a low enough price, TransCanada says, to compete with American-made pipe, even allowing for shipping.

“American and Canadian mills would have gotten more if they had had the available capacity to meet our requirements,” said Robert Jones, a TransCanada vice president.

Neither union leaders nor industry executives dispute that assessment. Indeed, neither is trying to stop construction of the Keystone Pipeline, now that all the steel pipe has been purchased. But the union, at least, is putting pressure on TransCanada to buy American-made pipe for a parallel pipeline soon to be built. In a letter filed with the Transportation Department last week, the union joined the Sierra Club in challenging, on environmental grounds, TransCanada’s request for a permit — one argument being that the walls of the pipe would be too thin.

Pipe made in America would “meet all safety requirements,” a union official declared, responding in part to the growing anger in Granite City, dominated as it is by a giant steel mill that has never, in 130 years, been so quiet and smokeless.

“People here use the word anger to describe their reaction to the Indian steel, but I’m not sure that is the right word,” said the Rev. Gene Fowler, pastor of the First Presbyterian Church, who attended the rally with other clergy members. “I think the right description is, ‘slapped in the face.’ It is like an offense to the community.”

Saturday, April 11, 2009

Who Is Geithner???

I've been peeling the onion on Geithner, and I keep coming up with more onion. What I've learned, however, allows me to shed a little light on "PIMROCK" (PIMCO, BlackRock)..

Pete Peterson, former Chairman of the Council on Foreign Relations, hand picked Geithner for the position of NY Fed President. Geithner was a Senior Fellow on the Council on Foreign Relations. Peterson was co-founder and CEO of the Blackstone Group hedge fund, which spun off BlackRock. 49% of BlackRock is owned by Merrill Lynch. Merrill Lynch is owned by Bank of America. Bank of America and Bank of America bonds have arguably taken over from Citigroup as the most important financial stock and bonds to watch.

Geithner, who was little more than a glorified clerk, was made President of the NY Fed in 2003. His boss and chief advisor was Fed Chairman Alan Greenspan. Alan Greenspan works today as a consultant for PIMCO. "Why would PIMROCK go along with this?.....because they hold $100B in J.P. Citi of America bonds, and they've received assurances that if we can get the nation out of the financial pickle it's in, there will be no haircuts on those bonds." (quoting Waldman).

Who really ran the NY Fed when Giethner was President? Well, his three "class-A" Directors were Jamie Dimon, Stephen Friedman and Richard Fuld.

Jamie Dimon is the CEO of JP Morgan, receipient of at least $25 billion in TARP money and another $30 billion in Fed funds collateralized by Bear Stearns paper (which had been formally managed by BlackRock, and is now being paid for by the US taxpayers). The Bear Stearns give away to JPM was supposed to be Geithner's idea, but it had to be Dimon's idea. After all, Geithner is worth $1.6 million while Dimon is personally worth over $2 billion. Who was the real force behind that deal?

NY Fed board member Stephen Friedman, also a member of the Council on Foreign Relations, was Chairman of Goldman Sachs until 1994. Friedman still sits on Goldman's board. I think it's safe to say he's got the Fed looking after Goldman Sach's interests. But, just in case, there is Edward F. Murphy, Execuitve VP of the NY Fed. Murphy was A former VP and CFO at Goldman Sachs.

Former Lehman CEO, Richard Fuld, who resigned his position on the NY Fed Board when Lehman collapsed, was the sacrificial lamb. The Lehman collapse had to happen, if for no other reason, so that Geithner could send Dimon $138 billion to give to Citigroup to cover the $138 billion in bad paper it was stuck with. So, even though Lehman went down, those Citigroup/Bank of NY Mellon bondholders walked away whole. Geithner had to protect his old Treasury boss, Rubin, who had over $100 million stuck in Citigroup.

Ironically, another of Geithner's former bosses, Larry Summers, who was working for the D. E. Shaw & Co., a hedge fund that Fortune Magazine called, "the most intriguing and mysterious force on Wall Street", and that specialized in acquiring the assets of distressed companies, dumped a 20% share of that quant company on Lehman in 2007.

I guess Shaw & Co. had learned its lessons about bad assets after it had been clobbered during the LCTM (Long Term Capital Management) crash. If you remember, it was Summers who negotiated the LCTM bailout. It looks like he finally got rewarded by Shaw & Co., a company best known for its "quantitave investment strategies particularly statistical arbitrage". Anyway, don't cry for Richard Fuld, he still walked away with over $22 million. Fuld, GE CEO Jeff Immelt and GS CEO LLoyd Blankfein all sit on the board of the Robinhood Foundation. I ain't making this stuff up.

E. Gerald Corrigan was the 7th President of the Federal Reserve Bank of NY and the Vice-Chairman of the Fed Open Market Committee. He had one of the strongest influences on Geithner. Who else influenced Geithner when he was NY Fed Chairman? According to Corrigan, "He (Geithner) brings in groups of people. That includes, at times, some of his old Treasury buddies"(he's talking about Rubin and Summers). "As I said, he has really worked at this networking thing I keep talking about". Rubin, of course, was not only Geithner's former boss at Treasury, but he was also a former CEO of Goldman Sachs. Corrigan, by the way, is now a Chairman at Goldman Sachs.

John Thain, that other Goldman Sachs guy, once bragged about his access to Geithner. He said, "sometimes I talk to him multiple times a day".

Remember, John Thain, former CEO of Merrill Lynch and of $35,000 toilet fame (where much money was flushed), when Merrill owned BlackRock, had, at one time, been COO at Goldman Sachs until 2003. Then he went on to become Chairman of the New York Stock Exchange.

So, when BlackRock was controlling the Bear Stearn/JPM "assets" at the Fed, it was Thain, the former Goldman Sachs COO, who managed the company that owned the company that "managed" the toxic Fed (now taxpayer) assets. It gets complicated, but whether it was Thain managing the BS/JPM assets, or Thain running the NY Stock Exchange, it's just one more Goldman Sachs crony running another part of the corrupt business universe. All we can do is to continue to CONNECT THE DOTS.......

Goldman Offers Loans to Stretched Employees

http://www.nytimes.com/2009/03/17/business/17wall.html?_r=1&ref=business

March 17, 2009

Goldman Sachs got its bailout. Now some of its bankers, those aristocrats of Wall Street, apparently need a bit of a bailout too.

Goldman, which accepted billions of taxpayer dollars last fall and, as learned Sunday, was also a big beneficiary of the rescue of the American International Group, is offering to lend money to more than 1,000 employees who have been squeezed by the financial crisis. The loans, offered via e-mail last week, could range from a few thousand dollars to hundreds of thousands.

Working at Goldman has long been regarded as a sure path to riches. But Goldman’s employees are losing money on their personal investments — particularly in Goldman’s own elite investment funds, which have been considered one of the perks of working at the bank.

Now these funds have stumbled, and some Goldman employees who financed their gilded lifestyles by borrowing in good times are suddenly short on cash needed to meet commitments to their personal investments in the funds. “It’s a problem with the culture of spending,” said Gustavo Dolfino, the president of Whiterock Group, a Wall Street recruitment firm. “No matter how much you have, you spend like you have a lot more.”

The development comes at a tumultuous time for Goldman Sachs, which is struggling to recapture its former glory — and profits — since it became an old-fashioned bank holding company. Goldman is one of the eight banks that were told to accept taxpayer money, and it is trying to pay that money back soon.

At least one of the vehicles, in a group known as the Whitehall funds, sank more than 50 percent last year. Another let its investors withdraw their money this year — at a significant loss.

With a focus on real estate and private equity investments, the funds — which also include Goldman Sachs Capital Partners — have traditionally performed extremely well, sometimes increasing sevenfold in a few years. Goldman even promoted its employee participation in the funds as a selling point to outside investors.

Some Goldman employees got rich before the markets collapsed, allowing them to invest several million dollars in the funds, often on a leveraged basis. Only three years ago, Goldman paid more than 50 employees more than $20 million apiece. In 2007, its chief executive, Lloyd C. Blankfein, collected one of the biggest bonuses in corporate history — nearly $70 million.

But one former Goldman partner estimated that a quarter of the bank’s roughly 100 partners are now worth $5 million or less because of losses on their company stock and other investments. Last year, the bank’s seven top executives received no bonuses. One of them, Jon A. Winkelried, resigned from his position as co-president a few weeks ago, saying he wanted to spend more time with his family. His estate on Nantucket is on the market.

It is unclear how many Goldman bankers and traders will take up the bank’s offer. The funds periodically require investors to add more money, and late last year, Goldman’s most senior management and board began to realize some employees might have trouble living up to this obligation after receiving low bonuses, according to a person briefed on the situation.

Employees in the funds are contractually obligated to meet requests for more capital. Several funds have such capital calls scheduled for April. Employees who fail to make the payments risk losing their jobs, according to a person familiar with the situation.

The new loans at Goldman are being offered to help employees meet capital demands from the internal funds and cannot be used for other personal needs, according to people familiar with the matter.

A spokesman for Goldman Sachs confirmed the existence of the loan program but declined to elaborate. The funds that are the most troubled were raised right before the financial crisis. Goldman raised $20 billion in its most recent private equity fund and some $9 billion in the Whitehall real estate funds in 2007 and 2008.

About a third of the money in the funds typically comes from Goldman and its employees, and since 1991, the bank and its employees have accounted for $7.5 billion of the $26 billion in the Whitehall funds.

Some employees now wish they had not invested. Properties like the Helmsley building, which Goldman helped purchase in 2007, have nose-dived in value. Stuart Rothenberg, the former head of Goldman’s real estate group, warned just before he retired last year about Goldman’s real estate exposure and said Goldman became “for all intents and purposes, almost an enlarged hedge fund,” according to Reuters.

Beyond the drop in the stock market, there are various reasons cash is tight for some Goldman employees. Some traders, for instance, are facing tax bills for bonuses paid in early 2008. They already spent that money, and their bonuses early this year were too small to foot the bill.

Others who borrowed against their stock holdings have been forced to sell at losses or put up more collateral against their loan. Goldman is one of many banks that has issued margin calls on its employees.

The employee loans, of course, may not turn out to be a good investment for Goldman, though Goldman can take employees who do not pay to court or seize money from their brokerage accounts.

To some, the development underscores how many wealthy Wall Streeters got in over their heads.

“Most people investing in Whitehall thought this was a sound and probably even a conservative investment,” said Janet Hanson, a former Goldman employee who is the founder of 85 Broads, an organization for women that takes its name from the address of Goldman’s headquarters. “No one saw the entire thing collapsing.”

Did Goldman Goose Oil?

Forbes.com


On The Cover/Top Stories
Did Goldman Goose Oil?
Christopher Helman and Liz Moyer 04.13.09, 12:00 AM ET

How Goldman Sachs was at the center of the oil trading fiasco that bankrupted pipeline giant Semgroup.

When oil prices spiked last summer to $147 a barrel, the biggest corporate casualty was oil pipeline giant Semgroup Holdings, a $14 billion (sales) private firm in Tulsa, Okla. It had racked up $2.4 billion in trading losses betting that oil prices would go down, including $290 million in accounts personally managed by then chief executive Thomas Kivisto. Its short positions amounted to the equivalent of 20% of the nation's crude oil inventories. With the credit crunch eliminating any hope of meeting a $500 million margin call, Semgroup filed for bankruptcy on July 22.

But now some of the people involved in cleaning up the financial mess are suggesting that Semgroup's collapse was more than just bad judgment and worse timing. There is evidence of a malevolent hand at work: oil price manipulation by traders orchestrating a short squeeze to push up the price of West Texas Intermediate crude to the point that it would generate fatal losses in Semgroup's accounts.

"What transpired at Semgroup was no less than a $500 billion fraud on the people of the world," says John Catsimatidis, the billionaire grocer turned oil refiner who is attempting to reorganize Semgroup in bankruptcy court. The $500 billion is how much the world would have overpaid for crude had a successful scam pushed up oil prices by $50 a barrel for 100 days.

What's the evidence of this? Much is circumstantial. Proving oil-trading manipulation is difficult. But numerous people familiar with the events insist that Citibank, Merrill Lynch and especially Goldman Sachs had knowledge about Semgroup's trading positions from their vetting of an ill-fated $1.5 billion private placement deal last spring. "Nothing's been proven, but if somebody has your book and knows every trade, it would not be difficult to bet against that book and put the company into a tremendous liquidity squeeze," says John Tucker, who is representing Kivisto.

What's known for sure is that Goldman Sachs, through J. Aron & Co., its commodities trading arm, was in prime position to use such data--and profited handsomely from Semgroup's fall. J. Aron was Semgroup's biggest counterparty, trading both physical oil flowing through pipelines and paper oil, in the form of options and futures.

When crude oil peaked in July, Semgroup ran out of cash to meet margin requirements on options contracts it had with Aron, contracts on which it had paper losses of $350 million. Desperate to survive, Semgroup asked Aron to pony up $430 million it owed on physical oil. Aron said no, declared Semgroup in default on its contracts and demanded immediate payment of losses.

Some answers may emerge in late March when former FBI director Louis Freeh releases a report on the trading surrounding Semgroup's demise. He was hired by Semgroup and given subpoena power by the bankruptcy court judge in Delaware. Meanwhile the Securities & Exchange Commission is investigating, and lawyers involved in the bankruptcy say that Manhattan District Attorney Robert Morgenthau's office is looking into the actions of New York firms in the collapse. His office declines to comment.

Goldman says only that any allegations of oil price manipulation are "without foundation." Merrill and Citi declined comment.

Goldman and Aron (where Goldman Chief Executive Lloyd Blankfein got his start) have had a deep connection with Semgroup. In 2004 two former Goldman bankers bought a 30% stake in Semgroup for $75 million through their New York private equity firm, Riverstone. Both men, Pierre Lapeyre and David Leuschen, had helped form Goldman's commodity trading business, and Leuschen had been a director at Aron.

In late 2007 Semgroup entered into an oil-trading agreement with Aron. The companies began trading both oil futures and physical crude. Aron sent much of the oil it bought from Semgroup to a Coffeyville, Kans. refinery in which Goldman owns a 30% stake.

Semgroup's troubles mounted in the first quarter of 2008, when it had to post $2 billion in margin to cover losses. Goldman offered to underwrite a $1.5 billion private placement. Kivisto's attorney Tucker and others believe that it was in the Wall Street research for this offering that Semgroup's trading bets became fatally exposed. In April the banks (Merrill Lynch and Citibank were co-underwriters) required that Semgroup submit its trading positions to a stress test, a process one source describes as a "proctology exam." Goldman ended up abandoning the placement as investors balked at braving the liquidity crunch.

Meanwhile the futures markets had gotten wacky. On June 5, with no news catalysts, oil futures spiked $5 a barrel, the biggest one-day jump since the outbreak of the first Gulf war. The next day, on no news, the price jumped another $10 to $138. Traders say that in the days leading up to the $147 peak on July 12 there was the smell of blood in the water. "We just kept bidding the market higher," one trader says.

According to a trading summary submitted with court documents, Semgroup had entered into some terribly costly trades with Aron. In February 2008 Semgroup sold Aron call options on 500,000 barrels of oil for July delivery with a strike price of $96 per barrel. That meant that at the peak Semgroup's loss on each of those barrels was $51, or $25.5 million on that trade. Goldman says it "can't comment on the trading positions of counterparties."

Shortly before it filed for bankruptcy, Semgroup sold its trading book to Barclays Capital. Barclays' bold bet was that the price of crude would fall, erasing the losses. It is believed that 30 days later Barclays was sitting on a $1 billion gain as oil indeed fell, to $114 a barrel. Barclays wouldn't comment other than to confirm it still owns the book. That prices plunged after Semgroup failed is more evidence of manipulation, says Catsimatidis: "With the portfolio in Barclays' hands they could not squeeze the shorts anymore. The jig was up, and oil collapsed."

Since the bankruptcy, Aron has agreed to pay Semgroup only $90 million to settle up accounts. That's not enough for the dozens of oil producers who still haven't been paid for $430 million in oil that Semgroup delivered to Aron. "We sued J. Aron because Semgroup didn't do it," says Phillip Tholen, chief financial officer of oil company Samson Resources. "I can't fathom why they wouldn't file against J. Aron for those monies."

One possible answer: the Goldman connection. Going after Aron's cash would complicate matters with Riverstone, which still wields sway over the board. The creditors have reason to keep Riverstone and Goldman happy; the duo has teamed up to buy myriad energy assets in recent years, most notably a $22 billion leveraged buyout of pipeline king Kinder Morgan. They are likely to team up again to buy choice Semgroup assets out of bankruptcy.

Fed Said to Order Banks to Stay Mum on ‘Stress Test’ Results

Fed Said to Order Banks to Stay Mum on ‘Stress Test’ Results

By Bradley Keoun and Scott Lanman

April 10 (Bloomberg) -- The U.S. Federal Reserve has told Goldman Sachs Group Inc., Citigroup Inc. and other banks to keep mum on the results of “stress tests” that will gauge their ability to weather the recession, people familiar with the matter said.

The Fed wants to ensure that the report cards don’t leak during earnings conference calls scheduled for this month. Such a scenario might push stock prices lower for banks perceived as weak and interfere with the government’s plan to release the results in an orderly fashion later this month.

“If you allow banks to talk about it, people are just going to assume that the ones that don’t comment about it failed,” said Paul Miller, an analyst at FBR Capital Markets in Arlington, Virginia.

Regulators are using the tests to determine whether the 19 biggest banks have enough capital to cover loan losses during the next two years if the economy shrinks, unemployment surges and housing prices keep declining. The tests are a linchpin of the plan Treasury Secretary Timothy Geithner announced in February to bolster confidence in the nation’s banks and restore financial-market stability.

Geithner has likened the stress tests to those used by doctors to evaluate a patient’s health. They’re designed to mesh with the administration’s effort to remove distressed mortgage assets from banks’ balance sheets. The Fed is overseeing the administration of the tests, people briefed on the matter say.

Progress Report

President Barack Obama is scheduled to get a progress report on the tests today during a meeting with his economic team. Geithner will attend, along with Federal Reserve Chairman Ben S. Bernanke and Sheila Bair, chairman of the Federal Deposit Insurance Corp.

Goldman Sachs plans to report first-quarter earnings April 14, followed by JPMorgan Chase & Co. on April 16. Citigroup reports April 17, and Morgan Stanley announces April 21. All four banks are based in New York.

Spokesman for the banks declined to comment.

“No matter what the result, the stress tests are going to move markets,” Camden Fine, president of the Independent Community Bankers of America, said in an interview yesterday. “That’s the tricky part. If they don’t give out enough information or the information is presented in the wrong way, that could cause markets to plunge.”

Silent on ‘Process’

Banks should stay silent because a focus on the tests would be “a harmful distraction” from earnings, said Scott Talbott, senior vice president for government affairs at the Financial Services Roundtable in Washington.

“It is premature for banks to talk about the stress tests,” Talbott said yesterday. “They aren’t finalized yet and there is no framework to evaluate the results.”

Wells Fargo & Co. Chief Financial Officer Howard Atkins declined to discuss the tests yesterday after his bank reported a record first-quarter profit that beat the most optimistic Wall Street estimates.

“We haven’t commented on regulatory matters and we won’t start now,” Atkins said in an interview. “We don’t comment on the process.”

In a separate interview later, Wells Fargo spokeswoman Julia Tunis Bernard declined to say whether the bank had been told by regulators to keep silent. “We don’t comment on our discussions and conversations with regulators and officials,” she said.

Under the Treasury’s plan, banks would have six months after the reviews to raise any new capital they might need. If the money isn’t obtained from private investors, the government will provide the funds from the $700 billion bank-rescue plan.

Federal deficit hits March record $192.3 billion; near $1 trillion halfway through budget year

Federal budget deficit sets March record $192.3B

  • Friday April 10, 2009, 7:02 pm EDT

WASHINGTON (AP) -- The Treasury Department said Friday that the budget deficit increased by $192.3 billion in March, and is near $1 trillion just halfway through the budget year, as costs of the financial bailout and recession mount.

Last month's deficit, a record for March, was significantly higher than the $150 billion that economists expected.

The deficit already totals $956.8 billion for the first six months of the budget year, also a record for that period. The Obama administration projects the deficit for the entire year will hit $1.75 trillion.

A deficit at that level would nearly quadruple the previous annual record of $454.8 billion set last year. The March deficit was nearly four times the size of the imbalance in the same month last year.

Nearly $300 billion provided to the nation's banks and other companies to cope with the most severe financial crisis in seven decades has pushed government spending higher.

The Treasury report said that through the end of March, $293.4 billion had been provided to support companies through the $700 billion bailout fund Congress passed last October. That support has been provided primarily to banks, although insurance giant American International Group Inc. and auto companies General Motors Corp. and Chrysler LLC also have received assistance.

Besides the bailout fund, Fannie Mae and Freddie Mac received $46 billion last month, bringing the total assistance provided to the mortgage finance companies to $59.8 billion since October. The government took control of both last September after they had suffered billions of dollars in losses on mortgage loans.

Through the first six months of the budget year that began Oct. 1, tax revenues have totaled $989.8 billion, down 13.6 percent from the year-ago period. The government's receipts have been reduced sharply by the recession, which is shaping up to be the longest of the post World War II period. The downturn began in December 2007.

Government outlays totaled $1.95 trillion through March, 33.4 percent higher than the year-ago period. Besides higher payments for the financial rescue, the government is paying more in such areas as unemployment benefits and food stamps.

The Treasury report showed benefit payments from the unemployment trust fund totaled $44.6 billion so far this budget year, up from $19.4 billion last year.

The Congressional Budget Office estimated last month that President Barack Obama's budget proposals would produce $9.3 trillion in deficits over the next decade, a figure $2.3 trillion higher than estimates made in February in the administration's first budget proposal.

The CBO review projected Obama's budget would generate deficits averaging almost $1 trillion annually over the decade ending in 2019.

The administration said it remained confident its forecasts for declining deficits over that same period could be achieved. But private economists have faulted those estimates for relying on economic assumptions they believe are too optimistic.

The administration projects that after hitting $1.75 trillion this year, the gap between spending and tax revenues will dip to $1.17 trillion in 2010, and plunge to $533 billion in 2013. If accurate, that would fulfill Obama's pledge to cut the deficit he inherited in half by the end of his current term in office.

Some economists have expressed concerns that the massive deficits being forecast could push interest rates up sharply, especially if foreign investors worry about the size of the U.S. deficit projections.

Lawrence Summers, director of Obama's National Economic Council, said Thursday there have been no indications that investors are growing worried about the size of the deficits. On the contrary, he said yields on Treasury securities have been pushed lower by increased demand from investors seeking to hold Treasury bonds as a safe haven in uncertain economic times.

Retail

CORRECT: Nordstrom March same-store sales down 13.5%

By Nick Godt
Last update: 8:44 a.m. EDT April 9, 2009
NEW YORK (MarketWatch) -- Nordstrom Inc. on Thursday said March sales at stores open at least one year fell 13.5%. Analysts, on average, had expected same-store sales to fall 16%, according to Thomson Reuters. Sales for the five weeks ended April 4 fell to $674 million, down 10.1% compared with $750 million for the five week ended April 5, 2008.

Kohl's same-store sales down 4.3%


KSS
45.40, +0.28, +0.6%)
said Thursday that sales at stores open more than a year fell 4.3% in March. Total sales for the five weeks ending April 4 rose 0.5% to $1.43 billion. Analysts polled by Thomson Reuters estimated same-store sale would fall 4.7% in the period. End of Story


Abercrombie & Fitch March same-store sales down 34%

By Moming Zhou
Last update: 8:17 a.m. EDT April 9, 2009
NEW YORK (MarketWatch) -- Abercrombie & Fitch Thursday reported its March sales at stores open at least one year fell 34% from a year ago. Analysts had expected a decline of 24%, according to Thomson Reuters. Net sales for the five-week period ended April 4 dropped 29% to $235.1 million from $330.2 million. The company reported a net sales decrease of 27% to $409.7 million so far this year, from $559.1 million last year. End of Story


Wal-Mart

April 9 (Bloomberg) -- Wal-Mart Stores Inc., the world’s largest retailer, reported comparable-store sales in March that rose less than some analysts estimated, pushing the shares down the most in three months in New York trading.

Revenue from U.S. stores open at least a year advanced 1.4 percent in the five weeks ended April 3, the Bentonville, Arkansas-based company said today in a statement. That missed the 3.2 percent average estimate compiled by Retail Metrics Inc., a Swampscott, Massachusetts-based consulting firm. In February, same-store sales gained 5.1 percent.

“They didn’t come close to beating the comp-stores expectations,” Howard Davidowitz, chairman of New York-based retail consulting and investment banking firm Davidowitz & Associates Inc. in New York, said today in a telephone interview. “They’re not immune to this huge downturn in the economy.”

The highest U.S. unemployment since 1983 forced consumers to restrain spending. Lower prices on groceries and household items and $4 prescriptions helped Wal-Mart lure more consumers, the retailer said. They spent less per transaction compared with the year-ago period, which included Easter purchases, it said. Easter is April 12 this year. In 2008, it was March 23.

Wal-Mart fell $1.95, or 3.7 percent, to $50.66 at 4:15 p.m. in New York Stock Exchange composite trading, the steepest drop since Jan. 8. The shares have slumped 9.6 percent this year.

Wal-Mart said sales will be at the high end of its 1 percent to 3 percent projection in the quarter ending May 1. In the first nine weeks of the quarter, U.S. same-store sales advanced 3.1 percent.

First-Quarter Forecast

The retailer said it expects first-quarter earnings to be near the top of its February projection of 72 cents a share to 77 cents a share. Analysts expected 76 cents, the average of 20 estimates in a Bloomberg survey.

Offering groceries at lower prices than neighborhood stores in the global recession is helping Wal-Mart grab market share in Japan, China and the U.K., said Brian Sozzi, an analyst at Wall Street Strategies Inc. in New York, said today in an e-mail.

Citing food sales, Wal-Mart said its U.K.-based ASDA unit increased comparable-store sales and gained market share in March. Same-store sales also advanced in Mexico and Japan, the company said.

Improvements in merchandising and marketing are also helping drive gains, said Richard Hastings, a Charlotte, North Carolina-based consumer strategist for Global Hunter Securities LLC, said today in an e-mail.

Leveraging Economic Weakness

“There is evidence from management comments in the sales release today that Wal-Mart is capable of leveraging global economic weakness to its benefit,” said Hastings.

Wal-Mart’s total U.S. sales advanced 2.6 percent in March and it increased comparable-store traffic for a sixth straight month. Its U.S. stores, which generated 49 percent of revenue from groceries in the year through Jan. 31, grabbed shoppers from Target Corp., according to Sozzi. He recommends buying Wal- Mart and selling Target shares.

Wal-Mart “was first to market, in terms of when the downturn started, in conveying its value message to consumers,” Sozzi said. “Simply put, it’s resonating.”

Target, the second-largest U.S. discount chain, reported March comparable-store sales dropped 6.3 percent while total revenue slipped 2.3 percent. It gets a smaller percentage of revenue from groceries than Wal-Mart and a larger share from apparel and home furnishings, two categories hurt by consumers’ focus on food and other necessities in the recession.

Target Market Share

Target is “gaining share in the markets in which it competes,” Eric Hausman, a spokesman for the Minneapolis-based company, said today by telephone. He declined to comment on the company’s market-share performance against Wal-Mart. “It’s not as simple as a zero-sum game between the two companies.”

Wal-Mart stopped giving a monthly sales forecast in February, citing difficulty in predicting consumer behavior in the deepening U.S. recession. It switched to quarterly forecasts starting with the period from Jan. 31 to May 1.

The U.S. unemployment rate reached 8.5 percent in March, the highest since 1983. It may surpass 10 percent by yearend, Federal Reserve Bank of Dallas President Richard Fisher said in a speech yesterday in Tokyo.








Banks Closed

April 10 (Bloomberg) -- Banks in Colorado and North Carolina were shut as rising unemployment and a loss of jobs shrinks household wealth in the deepest recession in a quarter century, pushing the toll of U.S. bank failures to 23 this year.

New Frontier Bank in Greeley, Colorado, with $2 billion in assets and $1.5 billion in deposits, and Cape Fear Bank in Wilmington, North Carolina, with $492 million in assets and $403 million in deposits, were shut today by state regulators. The Federal Deposit Insurance Corp., named receiver, gave New Frontier depositors 30 days to transfer accounts, and arranged to have Cape Fear’s assets to be assumed by First Federal Savings and Loan Association of Charleston in South Carolina.

“All insured depositors of New Frontier are encouraged to transfer their insured funds to other banks,” the FDIC said in a statement. In North Carolina, the agency said: “Deposits will continue to be insured by the FDIC, so there is no need for customers to change their banking relations to retain their deposit insurance coverage.”

The U.S. has lost about 5.1 million jobs since the recession began in late 2007 and unemployment jumped to 8.5 percent in March, the highest since 1983, according to the U.S. Labor Department. Home prices in 20 cities fell 19 percent in January from a year earlier, the fastest drop on record, a private survey showed. The Obama administration has taken steps to help the economy, including a $787 billion stimulus package aimed at creating or saving 3.5 million jobs.

The FDIC created the Deposit Insurance National Bank of Greeley, which will be open for 30 days to give depositors time to find a new lender. Bank of the West in San Francisco was hired to run New Frontier’s main office and two branches, the agency said. The FDIC has the power to create a bank to ensure customers have access to insured funds where no bank agrees to assume insured deposits, the agency said.

$801 Million Cost

The Colorado failure will cost the FDIC’s insurance fund $670 million, while the cost to close Cape Fear is $131 million, the agency said in separate statements.

First Federal will assume Cape Fear’s deposits and eight branches along North Carolina’s southern coast will open April 13 as First Federal offices, the FDIC said today. First Federal will buy $468 million in assets and agreed to share with the FDIC in any losses on about $395 million of Cape Fear’s assets, the FDIC said. The cost to the agency’s deposit insurance fund will be $131 million, the agency said.

“Significant additional sources of liquidity and capital will be required for us to continue operations through 2009 and beyond,” Cape Fear Bank Corp., parent of the lender founded in 1998, said April 1 in a regulatory filing with the Securities and Exchange Commission.

Unsuccessful Efforts

Financial advisers were hired to help raise capital and “explore strategic alternatives” to ease liquidity and capital shortfalls, although “to date, those efforts have been unsuccessful,” the bank said in the filing.

The banking industry lost $32.1 billion from October through December, the first aggregate quarterly loss since 1990. The FDIC’s insurance fund, used to reimburse a bank’s customers as much as $250,000, tumbled 45 percent in the quarter. The fund fell to $18.9 billion after 25 lenders closed last year.

The FDIC plans to sell devalued assets on U.S. banks’ balance sheets as part the Obama administration’s efforts to restart lending. The public-private partnership unveiled March 23 is aimed at financing as much as $1 trillion in purchases of illiquid real-estate assets, using $100 billion remaining in a U.S. financial bailout package.

Participation Urged

Large and small banks are being encouraged to participate in the program, FDIC Chairman Sheila Bair said at an at an American Bankers Association meeting in Washington on April 1.

“I’m optimistic that it will help many banks clean their balance sheets and attract new private capital, and help give the government an exit strategy from their own capital investment program,” Bair said.

The agency, which is proposing a one-time fee on banks to replenish the deposit insurance fund, will divert profits from sales in the program to its reserves.

Congress is considering expanding the agency’s borrowing authority from the Treasury Department. The FDIC has said the levy of 20 cents per $100 of insured deposits may be cut by more than half if the credit line is expanded. The agency’s debt guarantee program is also expected to build revenue to cover the costs of bank failures and possibly reduce the proposed assessment.

Community lenders have said the one-time fee may significantly reduce 2009 earnings. Bair said the agency expects to make a final decision on the fees by late May.

The Washington-based FDIC insures deposits at 8,305 institutions with $13.9 trillion in assets. The 252 lenders on the FDIC’s “problem list” had assets of $159 billion at the end of the fourth quarter, about 1.1 percent of total assets, an increase from the $116 billion at the end of the third quarter, the agency said on Feb. 26. The agency does not release the names of the problem institutions.