DealBook: MF Global's Bankruptcy Closes In on Happy Conclusion

When Mahesh Desai checked his MF Global account 15 months ago, his $580,000 nest egg was gone.

Like thousands of investors and farmers who had their savings with MF Global, Mr. Desai lost his money in the brokerage firm’s chaotic final days. Regulators discovered that $1.6 billion was trapped in a web of improper wire transfers, a stunning breach that sent federal investigators scrambling to build a case.

On Thursday, a bankruptcy court will review a proposal that would return 93 percent of the missing money to customers like Mr. Desai. And the trustee who has submitted the proposal, James W. Giddens, has quietly identified a way that, if sent to the judge and approved, could plug the remaining shortfall for customers in the United States, according to people involved in the case.

The broad push to make MF Global customers nearly whole, a goal now surprisingly within reach, is a remarkable turnaround from the firm’s 2011 bankruptcy filing when such a recovery seemed impossible.

“I’m surprised that, magically, the money has shown up,” said Mr. Desai, a software account executive who, like most customers in the United States, has only 80 percent of his money. “I feel very relieved.”

Customers are not the only ones exhaling. The hearing on Thursday presents a turning point for several major players in the MF Global case, including the firm’s trustees, creditors and former executives.

For one, Mr. Giddens late last year made peace with an overseas administrator tending to the firm’s British unit and Louis J. Freeh, the MF Global trustee recovering money for creditors. The pact ended a bitter fight over access to limited resources.

And Jon S. Corzine, the former New Jersey governor who headed MF Global when it collapsed, can now claim some small degree of vindication. The European bonds at the center of a $6.3 billion bet by Mr. Corzine fully paid out when they matured in recent months.

The large position in European sovereign debt in 2011 unnerved MF Global’s investors and ratings agencies. Yet it is now clear that the bonds, which were sold to George Soros and other investors, were not by themselves to blame for felling MF Global. The firm also struggled after a one-time charge depressed its earnings.

Mr. Corzine, a former chief of Goldman Sachs, has started to regain his footing. He spent the summer on Long Island, traveled to France around the holidays and visited Central America for a humanitarian project involving children, setting up what he hopes will become a broader charitable effort. Mr. Corzine, 66, also spends time with his grandchildren and has office space in Midtown Manhattan, where he writes and trades with his own money.

In the most telling indication that Mr. Corzine is taking steps to put MF Global behind him, he was close to cooperating with Richard Ben Cramer, an author and a Pulitzer Prize-winning reporter, on a biography. Mr. Corzine’s lawyers were in the final stages of negotiating with Mr. Cramer this month when the author died from complications of lung cancer.

Despite Mr. Corzine’s progress, he still must shake a nagging federal investigation. While investigators have long doubted their ability to file criminal charges against him, suspecting that chaos and lax controls were at play, rather than outright fraud, they continue stitching together evidence on the firm’s demise.

Federal authorities interviewed the former chief over two days in September, according to people close to the case, a sign that the government saw him more as a witness than a suspect. When prosecutors have damning evidence, they often file charges rather than offer a voluntary interview.

But Mr. Corzine, unsurprisingly, has yet to receive assurances that he is in the clear. And investigators continue to examine one of his statements from the September session, the people close to the case said. The statement involved Mr. Corzine’s recollection about a phone call he had with JPMorgan Chase, which received a suspicious $175 million transfer from MF Global on its last day of business. A spokesman for Mr. Corzine declined to comment on the case.

JPMorgan sought written promises that the money did not belong to customers, but never received such assurances. An e-mail reviewed by The New York Times shows that Edith O’Brien, an MF Global employee who oversaw the transfer, told Mr. Corzine that the money belonged to the firm, not clients.

Ms. O’Brien declined to cooperate with the investigation without receiving immunity from criminal prosecution. But the government is hesitating to grant her request, according to the people close to the case, fearing that doing so would set a bad example for future investigations.

Other MF Global employees, including several who stayed to help unwind the firm, are moving on. Henri Steenkamp, MF Global’s chief financial officer, recently departed. And Bradley Abelow, the firm’s chief operating officer, who worked for Mr. Corzine at Goldman and the New Jersey governor’s mansion, left late last year. Weeks earlier, he bought a $1 million condominium in the Williamsburg neighborhood of Brooklyn, according to property records.

With Mr. Abelow gone, Laurie Ferber, the firm’s general counsel, remains the highest-ranking executive on Mr. Freeh’s payroll.

For Mr. Freeh, the most significant breakthrough came in late December when he joined a deal with Mr. Giddens and the British administrator.

Under the terms of the broad settlement, the administrator will pay an estimated $500 million to $600 million to Mr. Giddens, ending a dispute over customer money trapped overseas. The deal also prompted Mr. Freeh to drop more than $2 billion in claims against Mr. Giddens, who hailed the pact as a “critical milestone.”

“This is the eighth-largest bankruptcy in history and we’ve been able to sprint ahead on some occasions, but this is a marathon,” Mr. Giddens’s spokesman, Kent Jarrell, said in a statement.

The deal, if approved by the bankruptcy judge on Thursday, will enable Mr. Giddens to return up to 93 percent of the money of MF Global’s United States customers. If a series of settlements with JPMorgan and other firms fall into place, people involved in the case said, Mr. Giddens could ultimately return 100 percent of the missing money.

To plug the gap, he must also pursue a small pot of money sitting in MF Global’s general estate, a move that would require court approval. Even if he takes that path, foreign clients will still face significant shortfalls.

For some creditors, the race to recover their millions has moved too slowly. Some have grumbled about the roughly $42 million in fees for Mr. Freeh and other lawyers, focusing on parking bills and first-class air travel.

A group of hedge funds and other companies that held MF Global bonds at the time of the bankruptcy recently introduced a plan to liquidate the firm’s remains and accelerate the payout process. The group, led by Silver Point Capital, said it expected customers to recover 100 percent of their money.

But not every customer will cash in. Some, in desperation, sold their claims last year at 89 or 91 percent to hedge funds and banks. Mr. Desai held out. “My hope has always been 100 percent,” he said.

Mr. Desai credits the turnaround to Mr. Giddens and James L. Koutoulas, a Chicago hedge fund manager who became a voice for thousands of customers whose money disappeared.

While Mr. Koutoulas continues to fight, it has come with collateral damage. After he appeared on CNBC in 2011 to criticize JPMorgan Chase over its role in the bankruptcy, the bank closed his account and froze his credit card. The bank declined to comment.

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Revved up about motorcycles zooming between cars









During his nearly 40 years as a columnist for this newspaper, my late father occasionally tweaked his readers — quite disingenuously — by belittling his cat, knowing the slur would stir invective so passionate and erudite that he could fill another column without having to do much writing of his own.


I had no intention of employing that device when I recently wrote — quite sincerely — in defense of motorcyclists who navigate the space between cars to get ahead on crowded freeways.


To be sure, I knew some motorists would object out of fear of hitting a rider, or annoyed by the intrusion on their space. I was prepared to shrug them off because, I thought, my opinion was based on logic, experience and the law.





How fragile is the hard shell of reason! Among the emails that flooded my inbox, those that left me most humbled were from motorists who mostly agreed with me. But they were hurt by my admonishment that they should not move slightly out of my way.


Specifically, I wrote: "If you want to show solidarity, just hold your course and be sure you're a little in front or a little behind the car beside you."


Joe Edward of Beverly Hills was insulted. "Moving over, even briefly, gives you more room and I, maybe mistakenly, thought it shows courtesy," he wrote. "I thought it was the olive branch between those on four and two wheels, and is confirmed when I get the two-fingered 'thank you' wag from cyclists. When that happens, just for a moment, LA freeways are a nicer place and, yes, to the late Rodney King, we can all just get along.... But now you say NOT to move over? Ok. Forget the olive branch. Forget wanting to get along. It's on!"


I certainly never intended to turn plowshares into swords. And I'd like to think that if Joe knew me personally he'd see I'm not like the name he called me at the end of his email.


But I do apologize. I was myopic when I wrote, "Hold your course." The comment was aimed at drivers who turn their wheels sharply when surprised by a motorcycle. I appreciate drivers who ease slightly left or right, giving me the room to slide by comfortably, but more important letting me know they too are attuned to their surroundings.


And yes, I always give them the wave and momentarily feel better about humanity.


As you may have noticed, motorcyclists also give each other the two-finger salute when passing, a mutual acknowledgment of our membership in a minority that embraces the fun and physics of vehicular transportation along with its practical benefits.


The wave is also a silent bond between boomers like me and gen-whatevers who wear red mohawks on their helmets and wouldn't notice me under any other circumstances.


My aggressiveness in standing up for our somewhat outcast status surprised and pleased many fellow riders.


"Doug! You are the bomb!!!" wrote Arlene Battishill, who produces a line of head-turning women's motorcycle apparel and rides a Kawasaki. "I nearly screamed out loud.... Man oh man, I could just kiss you right now!"


Yes, we can be an exuberant bunch, inebriate of air, as Emily Dickinson so nicely put it. I can't deny that a few respondents castigated me for being irrational and self-aggrandizing, predicted my untimely demise or, worse, implied that such might be the due reward for my impudence.


I think my cat-baiting father would have gotten a sly smile from the reaction of an anonymous trucker who asked, "Ever heard of a CB?


"I know when one of you guys is coming for miles," he wrote, warning that outside my state I could become "road pizza" for riding like a Californian. He claimed to have seen semis "run bikes off in the grass more then once."


To my surprise, though, the critiques that hit home were also from fellow motorcyclists.


Some noted the bad behavior of "squids," those hyper riders who weave back and forth on screaming "crotch rockets." No wonder the "cagers," those dull people imprisoned in their cars, are up in arms.


David Lasher, who makes a continuous video of his commute from Northridge to Santa Monica, sent me a clip of his own crash when a car veered into his lane seemingly in contradiction of my assertion that a motorist cannot swerve fast enough to hit me as I pass by.


Lasher followed the cowboy mantra and got right back on a replacement Suzuki. Another, John Greenwood, told me of his "deal with God" never to ride again after one bad day ended 20 great years of riding.


By carefully parsing these scary stories, I can show that none directly refute the thesis that motorcycles are safer between lanes than in them, assuming a few guidelines are followed. Lasher, for example, conceded that he shouldn't have been lane-splitting in the HOV transition zone. Some materials I got from motorcycle safety experts convinced me further.


But instead of lining up the reaction as pro versus con, I think the collective lesson I've drawn from 100 emails is that Angelenos are up for a reasoned conversation about bettering the quality of life on L.A.'s freeways, the one place that draws us all together, whether we like it or not.


Sandy Driscoll epitomized this conciliatory effect, writing to me about an encounter on Pico Boulevard.


"A motorcyclist very quickly passed me on the left (lane splitting) gave a quick (and I must say, graceful) arm signal, and moved in front of me," she wrote. "Just as quickly, I saw him move in and out of traffic ahead of me, always with an arm signal. It was like an amazing ballet, and I was mesmerized. Thanks for your article."


"Motorcycling is not for me, but I hope you keep spreading the word about its benefits," wrote Dan Brooks of Santa Barbara. "In the meantime, I'll try to heed your driving advice and will offer a respectful salute rather than a New York salute."


Reading numerous such comments I've done some self-searching about my own behavior on the road.


As a result, I find I've become a more conservative, patient and polite rider in the last couple weeks.


So, a two-finger wave to all you "cagers."


doug.smith@latimes.com


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Supernova Remnants: Dazzling Entrails of Violent Stellar Death

Even in death, there can be great beauty. Consider supernova remnants, the results of massive stars dying in great explosions, creating some of the most spectacular cosmic objects around.


Every 50 years or so, a star in our galaxy with more than 10 times the mass of our sun will expire. When such stars die, they go supernova, one of the most violent events in our universe. These explosions shoot off tons of material from the central star at up to 10 percent the speed of light.


Though the area surrounding stars seems empty, it is usually home to vast amounts of interstellar gas and dust. The supernova’s outburst runs into this surrounding material, creating a shockwave and heating it to temperatures greater than 10,000 Celsius. Over thousands of years, the local structure of the gas and dust shapes the stellar outpouring into shells, filaments, and other diffuse forms. Astronomers call these objects supernova remnants.


Supernova explosions and the remnants they leave behind have wide-ranging effects. They heat up the interstellar medium, creating complex chemistry out in space, and are responsible for accelerating protons and other atomic nuclei, which go zipping around the universe as cosmic rays. Perhaps most importantly, supernova explosions generate and liberate heavy elements, such as oxygen, carbon, and all metals, distributing them out into the wider cosmos. These elements eventually find their way into planetary systems, making life possible on at least one world that we know of.


Here, we take a look at some of the most famous and beautiful supernova remnants, giving you a chance to contemplate life, death, and cycles of renewal in the universe.


Above:



The supernova remnant N186 D appears as a bright pink spot at the top of this new image released by NASA on Jan. 28, spewing off tremendous amounts of X-rays. Located in the Large Magellanic Cloud about 160,000 light-years away, the remnant is blowing a huge bubble (the giant structure below the bright spot) as hot wind carves out a shock wave in the surrounding material.


Image: X-ray: NASA/CXC/Univ of Michigan/A.E.Jaskot, Optical: NOAO/CTIO/MCELS

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Conference suggests ways Broadway can be better






NEW YORK (AP) — A conference on how to make the Broadway experience better for theatergoers has come up with some prescriptions: Be brave in the stories that are told onstage and embrace youth and technology.


“Broadway, I don’t think, has boldly gone where it needs to,” said “Star Trek” actor George Takei, riffing off his old show’s motto. “I have a sense that Broadway hasn’t entered into the 21st century.”






The second TEDxBroadway conference on Monday brought together 16 speakers — producers, marketers, entrepreneurs, academics and artists — to try to answer the question: “What is the best Broadway can be?”


“We use the word ‘best’ because the goal of today is to go right past better all the way to the extent of what is possible, even if it seems a little bit outlandish,” said co-organizer Jim McCarthy, the CEO of Goldstar, a ticket retailer.


TEDx events are independently organized but inspired by the nonprofit group TED — standing for Technology, Entertainment, Design — that started in 1984 as a conference dedicated to “ideas worth spreading.” Video of the Broadway event will be made available to the public.


While the health of Broadway is good, with shows yielding a record $ 1.14 billion in grosses last season, some speakers noted that total attendance — 12.3 million last season — hasn’t kept pace, meaning Broadway isn’t always attracting new customers.


Three speakers — one the sister of Facebook’s founder Mark Zuckerberg — argued that new technology means the stage experience doesn’t need to be confined to the four walls of the theater and so can grow new audiences.


David Sabel, who has helped drive the National Theatre of Great Britain into the digital age, pointed out that broadcasts of his stage shows on movie screens across the world haven’t dampened demand at the box office and have actually have themselves become profitable.


“I think in our business, digital is uniquely not a threat but an opportunity,” he said. “What if we could open it up and invite a much greater audience in to speak with us?”


Randi Zuckerberg said the Broadway community could increase visibility by having auditions for minor parts via YouTube, have live tweeters backstage, offer crowd funding to knit people to productions, give walk-on parts for influential figures or even make the Playbills electronic.


“Why should Broadway be limited by physical space? By ticket prices? By the same shows, over and over?” she asked. “Instead of having just a small sliver of the world come to Broadway, why not bring a small piece of Broadway to the entire world?”


And Internet guru Josh Harris said producers need to open the entire process to the outside world, including video cameras backstage to capture actors getting ready and even having the orchestra pit filled with people interacting with the audience via their electronic devices.


The annual gathering centered on Broadway is the brainchild of three men: McCarthy; Ken Davenport, a writer and producer; and Damian Bazadona, the founder of Situation Interactive. It drew 400 people to the off-Broadway complex New World Stages and into the theater where “Avenue Q” usually plays.


Takei in the past few years has grown 3.3 million Facebook friends and leveraged them into audience members to “Allegiance,” his new musical about Japanese-Americans during World War II,


“If I can do it, Broadway certainly can,” the 65-year-old said. “Broadway is at its best when it embraces all of the technological advancements of the time and starts making a lot of friends on social media. Then, as we say on ‘Star Trek,’ Broadway will live long and prosper.”


Thomas Schumacher, the president of the Disney Theatrical Group, slammed the pretentious way some in the theatrical community look at more mainstream shows and scoffed at their disdain for making the audience experience more fun.


“Populism has its own manifest destiny and we need to embrace that,” said Schumacher, who called for a big tent of theatrical options on Broadway and especially shows for children who will return as adults. “What I ask you to do is embrace this audience and maybe even embrace the sippy cup.”


Terry Teachout, drama critic at The Wall Street Journal, soberly pointed out that 75 percent of all Broadway shows fail and then asked that more producers roll the dice on quality.


“If you can’t count on getting rich, then forget playing it safe. Why not take a shot at being great?” he asked. “If there’s ever a time for you to shoot high, this is it. Don’t start out settling for safe. Gamble on great.”


Kristoffer Diaz, the playwright of the Pulitzer Prize finalist “The Elaborate Entrance of Chad Deity,” urged producers to embrace different voices, as they did with “In the Heights” and “Rent.”


“Women, writers of color, transgender, lesbian, gay and bisexual — we need to keep hearing these stories. We need to hear them on Broadway,” he said. “It becomes a lot harder to dismiss somebody out of hand if you’ve spent a couple of hours investing in their story.”


Two speakers with specialty knowledge outside Broadway urged the community to not just focus on putting on a great show.


Susan Reilly Salgado, who has worked with famed restaurant owner Danny Meyer, said his success is not only about creating tasty dishes. Meyer, she said, makes the whole evening fun.


“To say that, in a restaurant, it’s all about the food discounts everyone else who touches the customer experience,” she said. “The best way to get people to come back to you over and over is to create an all-encompassing experience.”


Erin Hoover, the vice president of design for Westin and Sheraton Hotels & Resorts, said Broadway theaters could take a page out of the innovations brought to hotel lobbies, which are now comfortable, inviting and offer new sources of revenue. “The experience for the show really starts at the door.”


Customer service was also a theme touched on by Zachary A. Schmahl, an actor-turned-baker who created Schmackary’s Cookies in his apartment and has watched it grow into a thriving business.


“Customer service is something that people are missing in New York,” he said. “It’s so important in our single-serving culture to be that business that has a heart and a soul alongside a quality product.”


One returning speaker was Vincent Gassetto, the principal of a high-performing public middle school in a tough area of the Bronx, who urged those in attendance to make sure Broadway was on the radar of his best and brightest students.


“It’s in everybody in this room’s best interest that they have an awareness of this industry or we’re never going to win that talent war,” he said. “We’re all going to be competing for them.”


Though the speakers came from different backgrounds and emphasized different prescriptions, they did seem to agree with Daryl Roth, the Pulitzer Prize-winning producer of seven plays, including “Clybourne Park.” She challenged the crowd to think of Broadway in more than just dollars and cents.


“If we share the deep belief that theater matters, that theater can change us and ultimately change the world, then isn’t that the best Broadway can be?” Roth asked.


___


Online:


http://www.goldstar.com/tedxbroadway


___


Follow Mark Kennedy on Twitter at http://twitter.com/KennedyTwits


Entertainment News Headlines – Yahoo! News





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Rescuer Appears for New York Downtown Hospital





Manhattan’s only remaining hospital south of 14th Street, New York Downtown, has found a white knight willing to take over its debt and return it to good health, hospital officials said Monday.




NewYork-Presbyterian Hospital, one of New York City’s largest academic medical centers, has proposed to take over New York Downtown in a “certificate of need” filed with the State Health Department. The three-page proposal argues that though New York Downtown is projected to have a significant operating loss in 2013, it is vital to Lower Manhattan, including Wall Street, Chinatown and the Lower East Side, especially since the closing of St. Vincent’s Hospital after it declared bankruptcy in 2010.


The rescue proposal, which would need the Health Department’s approval, comes at a precarious time for hospitals in the city. Long Island College Hospital, just across the river in Cobble Hill, Brooklyn, has been threatened with closing after a failed merger with SUNY Downstate Medical Center, and several other Brooklyn hospitals are considering mergers to stem losses.


New York Downtown has been affiliated with the NewYork-Presbyterian health care system while maintaining separate operations.


“We are looking forward to having them become a sixth campus so the people in that community can continue to have a community hospital that continues to serve them,” Myrna Manners, a spokeswoman for NewYork-Presbyterian, said.


Fred Winters, a spokesman for New York Downtown, declined to comment.


Presbyterian’s proposal emphasized that it would acquire New York Downtown’s debt at no cost to the state, a critical point at a time when the state has shown little interest in bailing out failing hospitals.


The proposal said that if New York Downtown were to close, it would leave more than 300,000 residents of Lower Manhattan south of Houston Street, including the financial district, Greenwich Village, SoHo, the Lower East Side and Chinatown, without a community hospital. In addition, it said, 750,000 people work and visit in the area every day, a number that is expected to grow with the construction of 1 World Trade Center and related buildings.


The proposal argues that New York Downtown is essential partly because of its long history of responding to disasters in the city. One of its predecessors was founded as a direct result of the 1920 terrorist bombing outside the J. P. Morgan Building, and the hospital has responded to the 1975 bombing of Fraunces Tavern, the 1993 and 2001 attacks on the World Trade Center, and, this month, the crash of a commuter ferry from New Jersey.


Like other fragile hospitals in the city, New York Downtown has shrunk, going to 180 beds, down from the 254 beds it was certified for in 2006, partly because the more affluent residents of Lower Manhattan often go to bigger hospitals for elective care.


The proposal says that half of the emergency department patients at New York Downtown either are on Medicaid, the program for the poor, or are uninsured.


NewYork-Presbyterian would absorb the cost of the hospital’s maternity and neonatal intensive care units, which have been expanding because of demand, but have been operating at a deficit of more than $1 million a year, the proposal said.


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DealBook Column: Mary Jo White, Nominee for S.E.C.'s 'New Sherrif,' Has Worn Banks' Hat

“You don’t want to mess with Mary Jo.”

That’s what President Obama said about his pick to run the Securities and Exchange Commission, Mary Jo White. The nomination of Ms. White, a former prosecutor who took on the terrorists behind the bombing of the World Trade Center in 1993 and the Mafia boss John Gotti, was meant to signal that the S.E.C. would be getting tough on Wall Street. CBS called her “Wall Street’s new sheriff.” The Wall Street Journal said she would be “putting a tougher face on an agency still tainted by embarrassing enforcement missteps in the run-up to the financial crisis.” The New York Times said her appointment represented a “renewed resolve to hold Wall Street accountable.”

Hold on.

While Ms. White is a decorated prosecutor, she has spent the last decade vigorously defending — and billing by the hour — Wall Street’s biggest banks, as a rainmaking partner at the white-shoe law firm Debevoise & Plimpton. The average partner at the firm was paid $2.1 million a year, according to American Lawyer; but she was no average partner, very likely being paid at least double that. Her husband, John W. White, is a corporate partner at Cravath, Swaine & Moore. He counts JPMorgan Chase, Credit Suisse and UBS as clients. The average partner at Cravath makes $3.1 million. He, too, was a former official at the S.E.C. — he left Cravath to run the corporate division of the S.E.C. starting in 2006 just in time for the run-up to the financial crisis. He left in November 2008, a month after the bank bailouts, to return to Cravath.

It seems Mr. and Ms. White have made a fine art of the revolving door between government and private practice.

So how conflicted is Ms. White? Let’s count the ways.

They are well documented: she was JPMorgan Chase’s go-to lawyer for many of the cases brought against it relating to the financial crisis. She was arm-in-arm with Kenneth D. Lewis, Bank of America’s former chief executive, keeping him out of trouble when the New York attorney general accused Mr. Lewis of defrauding investors by not disclosing the losses at Merrill Lynch before completing Bank of America’s acquisition of the firm. (And empirically, Mr. Lewis did keep crucial information about the deal from investors.)

This is what she had to say about Mr. Lewis, in a court filing submitted on his behalf: “Some have looked to assign blame for every aspect of the financial crisis, even where there is no evidence of misconduct. This case is a product of that dynamic and does not withstand either legal or factual scrutiny.” It was a refrain she often made about her clients related to the financial crisis.

And then there was Senator Bill Frist, the Republican from Tennessee, whom she successfully represented when the S.E.C. and the Justice Department started an investigation into whether he was involved in insider trading in shares of HCA, the hospital chain. She persuaded them to shut down the investigation.

She also worked with Siemens, the German industrial giant, when it pleaded guilty to charges of bribery, paying a record $1.6 billion penalty.

And then, of course, there was John Mack. She worked for the board of Morgan Stanley during a now well-publicized 2005 investigation into insider trading that ended soon after she made a phone call to the S.E.C. Using her connections at the top of the agency, she dialed up Linda Thomsen, then the commission’s head of enforcement, to find out whether Mr. Mack, who was being considered for Morgan Stanley’s chief executive position, was being implicated. He ultimately wasn’t. As the Huffington Post pointed out in a recent article about Ms. White, Robert Hanson, an S.E.C. supervisor, later testified, “It is a little out of the ordinary for Mary Jo White to contact Linda Thomsen directly, but that White is very prestigious and it isn’t uncommon for someone prominent to have someone intervene on their behalf.”

All of Ms. White’s previous engagements create not only an “optics” problem, but a practical, on-the-job problem. She will most likely need to recuse herself from just about anything related to her previous work.

“I will not for a period of two years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts,” is the language in an ethics pledge that she will have to agree to follow.

Some appointees, including Mary L. Schapiro, the former chairwoman of the S.E.C., recused themselves from any involvement in work that was related to a previous employer even after the two-year moratorium. Gary Gensler, the chairman of the Commodity Futures Trading Commission, recused himself from the investigation into MF Global because of his previous employment at Goldman Sachs, where Jon Corzine was the firm’s head, even though it had been years since the two had worked together.

And then there is the issue of Mr. White’s husband, who will have a continuing role at Cravath, one of the most pre-eminent firms in the country, whose clients include some of the nation’s largest corporations.

“This president has adopted the toughest ethics rules of any administration in history,” said Amy Brundage, a White House spokeswoman, “and this nominee is no exception. As S.E.C. chair, Mary Jo White will be in complete compliance with all ethics rules.”

None of these conflicts gets at another potential problem for Ms. White. The job of chairwoman of S.E.C. isn’t simply about enforcement; she has a deputy for that. The biggest challenge anyone who takes the job will have to confront over the next several years will be executing and enforcing provisions of Dodd-Frank and working to regulate electronic trading — something that even the most sophisticated financial professionals, let alone a lawyer, often have a tough time understanding. She has zero experience in this area.

Of course, there can always be a value to inviting a onetime rival onto the team.

“I believe she is one of those people who will understand that her public role will be very, very different than her role as a defense lawyer,” Dennis M. Kelleher of Better Markets, a watchdog group, told me. “I don’t think she’s going to be like so many others who don’t get that they have a very different role when they hold high public office.

“No question, she’s said some things that are controversial and questionable,” Mr. Kelleher said. “Moreover, I hope and expect that she will be asked publicly about them in the confirmation process and that she will have convincing answers.”

Of course, if she is confirmed, we must all hope that she can put her previous client relationships behind her and work for her new client — us.

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Live updates: 'Argo' wins top SAG Award; Day-Lewis, Lawrence win









Ben Affleck's “Argo” seems to be unstoppable. The film about a CIA plot to rescue American hostages in Iran in 1980 won the 19th Screen Actors Guild Award on Sunday night for ensemble in a motion picture.


The win came hours after the film, which also stars Affleck, took the Producers Guild Award on Saturday night — an honor that is one of the leading indicators of Oscar gold. Two weeks ago, “Argo” won the Golden Globe for best dramatic motion picture, one of the many honors it has recently picked up this season.


 “Argo” heads into next month's Academy Awards with momentum — and seven nominations, including best picture, supporting actor for Alan Arkin, and adapted screenplay. (Shockingly, Affleck was not nominated for a directing Oscar, even though he received a Directors Guild of America nomination and won the Golden Globe for director.)








PHOTOS: SAG Awards red carpet


The outlook seems equally golden for Daniel Day-Lewis, Jennifer Lawrence and Anne Hathaway, whose Golden Globe awards two weeks ago were followed Sunday night with SAG awards.


Day-Lewis won the trophy — and a standing ovation — for lead actor as the nation’s 16th president in “Lincoln.” Lawrence won her award for female actor playing a young widow in the quirky romantic comedy “Silver Linings Playbook.” Hathaway took the SAG award for female actor in a supporting role as the tragic Fantine in “Les Miserables.”


Tommy Lee Jones won his first major award of the season for male supporting actor for “Lincoln.” Jones is also nominated for an Academy Award for supporting actor.


SAG 2013: Winners | Show highlights | Complete list | Red carpet


The SAG movie wins offered a rare moment of clarity as the highly unpredictable awards season enters its final stretch, culminating with the Academy Awards on Feb. 24. 


A SAG win does not guarantee Oscar gold, but history suggests it's nearly impossible to win an Academy Award in the acting categories without a SAG nomination.


 On the television side of the awards ceremony, it was a three-peat night for Claire Danes, Julianne Moore, Kevin Costner and the ABC sitcom “Modern Family.”


FULL COVERAGE: SAG Awards 2013 


The performers made it a clean sweep by winning the Emmy, the Golden Globe and the SAG award.


Danes won for female actor in a drama series for Showtime’s political thriller “Homeland.” Moore’s uncanny performance as 2008 Republican vice presidential hopeful Sarah Palin in HBO’s “Game Change” earned her female actor in a television movie or miniseries. And Costner nabbed male actor in a television movie or miniseries for History’s “Hatfields & McCoys.”


“Modern Family,” meanwhile, earned its third consecutive SAG award for ensemble in a comedy series.


PHOTOS: Best & Worst moments


 Alec Baldwin and Tina Fey earned a great parting gift when they won for their lead roles in a comedy series for NBC's “30 Rock.” Fey used the win to ask people to tune in at 8 Thursday night for the series’ one-hour finale, opposite the highly rated CBS sitcom “The Big Bang Theory.”


“Just tape ‘The Big Bang Theory’ for once, for crying out loud!” Fey pleaded.


Bryan Cranston won for male actor in a drama series for “Breaking Bad.” “It is so good to be bad,” purred Cranston as he picked up the honor. And PBS’ “Downton Abbey” won for ensemble in a drama series.


SAG 2013: Winners | Quotes | Photo BoothRed carpet | Backstage | Best & Worst


One highlight was a spry and chipper 87-year-old Dick Van Dyke, honored for a career that has spanned nearly seven decades.


Van Dyke was met with a standing ovation and cheers. “That does an old man a lot of good,” he said, grinning from ear to ear. He was supposed to receive the life achievement honor from Carl Reiner, who created the seminal 1961-66 CBS series “The Dick Van Dyke Show,” the show that turned Van Dyke into a TV legend. Because Reiner was sick with the flu, Baldwin did the honors.


“I've knocked around this business for 70 years, but I still haven’t figured out what exactly I do,” Van Dyke cracked during his acceptance speech. He noted that it was great to pick a career “full of surprises and a lot of fun” and one that does “not require growing up.”


The awards were telecast live on TBS and TNT from the Shrine Exposition Hall in downtown Los Angeles.


ALSO:


Follow the SAG Awards live on Twitter


Red carpet fashion at the SAG Awards


SAG: The complete list of nominees and winners



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‘Argo,’ Lawrence, Day-Lewis win at SAG






LOS ANGELES (AP) — The CIA thriller “Argo” continues to steamroll through awards season, winning the top honor for overall cast performance at the Screen Actors Guild Awards.


SAG’s lead-acting honors Sunday went to Jennifer Lawrence won for her role as a troubled widow in a shaky new relationship in the lost-souls romance “Silver Linings Playbook” and Daniel Day-Lewis as Abraham Lincoln in the Civil War epic “Lincoln.”






The supporting film awards Sunday went to Anne Hathaway of “Les Miserables” and Tommy Lee Jones of “Lincoln.”


“It occurred to me — it was an actor that murdered Abraham Lincoln,” said Day-Lewis, a solid front-runner to join an exclusive list of three-time acting Oscar winners. “And therefore, somehow it is only so fitting that every now and then an actor tries to bring him back to life again.”


The SAG cast win came a day after “Argo” claimed the top honor from the Producers Guild of America, whose winner often goes on to claim best picture at the Academy Awards. “Argo” also was a surprise victor two weeks ago at the Golden Globes, where it won best drama and director for Ben Affleck.


The award momentum positions “Argo” for a rare feat at the Feb. 24 Oscars, where it could become just the fourth film in 85 years to be named best picture without a nomination for its director.


“To me this has nothing to do with me, it has to do with the incredible people who were in this movie,” said Affleck, who also stars in “Argo” and accepted the SAG prize alongside his cast.


It was a brisk, businesslike and fairly bland evening as the actors union handed out honors to a predictable lineup of winners who generally had triumphed at earlier Hollywood ceremonies or past SAG shows.


“Now I have this naked statue that means some of you even voted for me, and that is an indescribable feeling,” ”Silver Linings” star Lawrence said after explaining she earned her SAG card at age 14 by filming a spot for MTV.


Hathaway won for her role as a doomed single mother forced into prostitution in the adaptation of the stage musical based on Victor Hugo’s epic novel. Her win came over four past Oscar recipients — Sally Field, Helen Hunt, Nicole Kidman and Maggie Smith.


“I’m just thrilled I have dental,” Hathaway said. “I got my SAG card when I was 14. It felt like the beginning of the world. I have loved every single minute of my life as an actor. … Thank you for nominating me alongside incredible women and incredible performances.”


Jones, who was not at the show, won for his turn as abolitionist firebrand Thaddeus Stevens in the Civil War epic. The win improves his odds to become a two-time Academy Award winner. He previously won a supporting-actor Oscar for “The Fugitive.”


On the television side, with “30 Rock” ending its run, its stars Tina Fey and Alec Baldwin won the SAG awards for best comedy performers. It was Baldwin’s seventh-straight win, while Fey earned her fifth SAG prize.


“Oh, my God. It’s ridiculous,” Baldwin said. “It’s the end of our show, which is sad. Everybody is sad about that. It was the greatest experience I’ve ever had.”


Fey gave a plug for the show’s finale airing Thursday, noting that it’s up against “The Big Bang Theory.”


“Just tape ‘The Big Bang Theory’ for once, for crying out loud,” Fey said.


“Modern Family” won for best overall cast in a TV comedy show. Accepting for the cast, “Modern Family” co-star Jesse Tyler Ferguson offered thanks to the makers of “30 Rock” and another departing series, “The Office,” saying “you all have set the comedy bar so high.”


Ferguson joked that if the “30 Rock” or “The Office” stars need jobs, they should contact the “Modern Family” casting director.


The TV drama acting awards went to Claire Danes of “Homeland” and Bryan Cranston of “Breaking Bad.”


“It is so good to be bad,” Cranston said.


“Downton Abbey” won the TV drama cast award.


Julianne Moore’s turn as Sarah Palin in “Game Change” earned her the TV prize for best actress in a movie or miniseries. Kevin Costner won for best actor in a movie or miniseries for “Hatfields & McCoys.”


Fey, who memorably spoofed Palin herself in “Saturday Night Live” sketches, said backstage that Moore’s performance was “incredible. She really disappeared into the character, she did a real film acting job. You wouldn’t want a sketch acting job in that movie.”


Earlier, the James Bond adventure “Skyfall” and the fantasy series “Game of Thrones” picked up prizes for best stunt work, honors announced on the red carpet before the official SAG Awards ceremony.


JoBeth Williams and Scott Bakula announced the winners, noting the value of stunt players, who often are overlooked for their contributions to film and television.


“The stunt men and women of our union are critical to the work that gets done,” Bakula said. “They keep us healthy, they keep us alive, they keep us working. They keep our shows working.”


The SAG honors are the latest show in a puzzling Academy Awards season in which Hollywood’s top prize, the best-picture Oscar, looks up for grabs among several key nominees.


Honors from the actors union, next weekend’s Directors Guild of America Awards and Saturday night’s Producers Guild of America Awards — whose top honor went to “Argo” — typically help to establish clear favorites for the Oscars.


But Oscar night looks more uncertain this time after some top directing prospects, including Affleck for “Argo” and Kathryn Bigelow for “Zero Dark Thirty,” missed out on nominations. Both films were nominated for best picture, but a movie rarely wins the top Oscar if its director is not also in the running.


Steven Spielberg’s “Lincoln” would seem the Oscar favorite with 12 nominations. Yet all of the triumphs for “Argo” leave the Oscar race looking like anybody’s guess.


The SAG honors at least should help to establish solid front-runners for the stars. All four of the guild’s individual acting winners often go on to receive the same prizes at the Academy Awards.


The SAG cast prize has a spotty record at predicting the eventual best-picture recipient at the Oscars. Only eight of 17 times since the guild added the category has the cast winner gone on to take the best-picture Oscar. “The Help” won the guild’s cast prize last year, while Oscar voters named “The Artist” as best picture.


Such past guild cast winners as “The Birdcage,” ”Gosford Park” and “Inglourious Basterds” also failed to take the top Oscar.


Receiving the guild’s life-achievement award was Dick Van Dyke, who presented the same prize last year to his “The Dick Van Dyke Show” co-star, Mary Tyler Moore.


After waiting on stage for a prolonged standing ovation to end, Van Dyke said, “That does an old man a lot of good.”


___


Associated Press writers Beth Harris, Christy Lemire and Anthony McCartney contributed to this report.


Entertainment News Headlines – Yahoo! News





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Ariel Sharon Brain Scan Shows Response to Stimuli





JERUSALEM — A brain scan performed on Ariel Sharon, the former Israeli prime minister who had a devastating stroke seven years ago and is presumed to be in a vegetative state, revealed significant brain activity in response to external stimuli, raising the chances that he is able to hear and understand, a scientist involved in the test said Sunday.




Scientists showed Mr. Sharon, 84, pictures of his family, had him listen to a recording of the voice of one of his sons and used tactile stimulation to assess the extent of his brain’s response.


“We were surprised that there was activity in the proper parts of the brain,” said Prof. Alon Friedman, a neuroscientist at Ben-Gurion University of the Negev and a member of the team that carried out the test. “It raises the chances that he hears and understands, but we cannot be sure. The test did not prove that.”


The activity in specific regions of the brain indicated appropriate processing of the stimulations, according to a statement from Ben-Gurion University, but additional tests to assess Mr. Sharon’s level of consciousness were less conclusive.


“While there were some encouraging signs, these were subtle and not as strong,” the statement added.


The test was carried out last week at the Soroka University Medical Center in the southern Israeli city of Beersheba using a state-of-the-art M.R.I. machine and methods recently developed by Prof. Martin M. Monti of the University of California, Los Angeles. Professor Monti took part in the test, which lasted approximately two hours.


Mr. Sharon’s son Gilad said in October 2011 that he believed that his father responded to some requests. “When he is awake, he looks at me and moves fingers when I ask him to,” he said at the time, adding, “I am sure he hears me.”


Professor Friedman said in a telephone interview that the test results “say nothing about the future” but may be of some help to the family and the regular medical staff caring for Mr. Sharon at a hospital outside Tel Aviv.


“There is a small chance that he is conscious but has no way of expressing it,” Professor Friedman said, but he added, “We do not know to what extent he is conscious.”


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DealBook: Beneath the Calm, SAC Works to Contain Fallout From an Inquiry

At last month’s Hurricane Sandy benefit concert, Steven A. Cohen sat near the Madison Square Garden stage, grooving to performances by Bon Jovi and Billy Joel.

Last week, he flew a private jet to the World Economic Forum in Davos, Switzerland, rubbing shoulders with world leaders and Fortune 500 chieftains. And on Monday, he will show up at the Breakers Resort in Palm Beach, Fla., for one of the year’s biggest hedge fund conferences and, if he can squeeze it in, a round of golf.

For a man who has emerged as the Justice Department’s great white whale in its insider trading investigation — a Wall Street version of Captain Ahab pursuing Moby-Dick — Mr. Cohen, the billionaire owner of the hedge fund SAC Capital Advisors, does not appear concerned.

But inside the offices of SAC’s Stamford, Conn., headquarters, and at Midtown Manhattan law firms, Mr. Cohen’s employees and lawyers are working hard to contain the fallout from the investigation.

His executives have offered financial incentives to Mr. Cohen’s staff members to stay with SAC. Marketing officers are trying to persuade investors to keep their money at the fund. And defense lawyers are working furiously to persuade federal securities regulators not to file a civil fraud lawsuit against the firm.

“This has always been a stressful place to work,” said an SAC employee who requested anonymity because he was unauthorized to speak publicly about the fund. “Now it’s just more stressful.”

Neither SAC nor Mr. Cohen has been accused of any wrongdoing.

The main question now looming over the firm is whether its clients will stand by the fund, or its legal and regulatory problems will cause investors to head for the exits. Under the firm’s rules, SAC clients have until Feb. 15 to ask for their money back, and then cannot make another so-called redemption request for another three months.

Mr. Cohen’s fund was dealt a blow last week when a Citigroup unit that manages money for wealthy families disclosed that it was withdrawing its $187 million investment. The move by the bank was the most prominent client departure since November, when the multiyear investigation into SAC’s trading practices entered a more serious phase.

Citigroup’s withdrawal represents a tiny percentage of SAC’s $14 billion in assets under management. The fund has said it expects total investor redemptions for the first quarter of up to $1 billion, a number that an SAC spokesman has said will not adversely affect its business.

SAC is largely insulated from the potentially devastating effects that client defections can have on a hedge fund in part because of Mr. Cohen’s extraordinary wealth. Unlike other hedge fund managers who rely almost entirely on outside investors, Mr. Cohen has the comfort of knowing that about $8 billion of SAC’s fund belongs to him and his employees.

Still, the Citigroup decision stung, say people close to SAC’s business, because of the longstanding and lucrative relationship between the bank and the fund. Another concern, said these people, is that the move could influence other large SAC investors currently weighing whether to keep their money at the fund.

For Citigroup, its withdrawal of money from SAC carries substantial business risk. The bank has a vast relationship with SAC, earning revenue by providing the fund with financing and trading services.

SAC could exact retribution on Citigroup by terminating, or at least scaling back, its broader relationship with the bank. An SAC spokesman declined to comment.

Citigroup’s move came two months after federal authorities arrested Mathew Martoma, a former SAC portfolio manager, in what they described as the most lucrative insider trading case ever uncovered. The Martoma indictment represented the first time that the government had brought charges stemming from a trade in which Mr. Cohen had been involved. The Securities and Exchange Commission has warned Mr. Cohen that it might file a civil fraud action against SAC related to the case.

In addition to Mr. Martoma, at least seven former SAC employees have been tied to insider trading while at the fund. Three have pleaded guilty to criminal charges.

Citigroup issued a statement that its decision “should not be construed as a statement on the merits of any outstanding legal proceedings or potential regulatory action.” But the bank specifically cited the Martoma case, explaining that “in the event these legal and regulatory matters are resolved favorably for Mr. Martoma and SAC, Citi Private Bank expects to reconsider admission of SAC’s funds to its hedge fund platform.”

Mr. Martoma has pleaded not guilty and rejected requests by federal agents to cooperate against his former boss. Mr. Cohen has told his employees and clients that he is confident that he has acted appropriately at all times.

Yet the heightened government scrutiny has caused skittishness among SAC’s top ranks, forcing the fund to lavish even richer financial incentives on a group of employees that is already among the most highly compensated in the hedge fund industry.

This month, SAC told its stable of portfolio managers that it would increase year-end bonuses by three percentage points. SAC portfolio managers — the fund’s most senior traders, given the authority to make their own investment decisions and also feed Mr. Cohen their best ideas — are paid, on average, 20 percent of the profits they generate for the fund.

“The program is intended to retain our most valuable resource, our investment professionals,” said Jonathan Gasthalter, the SAC spokesman.

Another valuable resource is SAC’s outside investors, which account for about $6 billion, or 40 percent, of the fund’s assets. That money accounts for hundreds of millions of dollars in fees, which SAC uses to finance one of the world’s largest and most sophisticated hedge fund operations, with more than 1,000 employees and 125 teams of traders and analysts. Its operation is also one of the most successful, posting average annualized returns of about 30 percent since 1992.

Those results have in the past kept SAC’s customers satisfied, but the government scrutiny has made many of them uneasy. The firm’s marketing team has reached out to the fund’s investors to address their concerns and reassure them that the insider trading inquiry will not affect its performance.

Despite those efforts, several investors in addition to Citigroup, including Titan Advisors and a unit of Société Générale, have notified SAC that they are withdrawing money. Other clients, like Chapwood Investments and SkyBridge Capital, have said they will continue to invest with the fund.

SAC executives continued the charm offensive with major clients on Sunday, holding an annual golf outing in Palm Beach on the eve of a hedge fund conference at the Breakers sponsored by Morgan Stanley. The conference — a matchmaking event that connects top managers with the world’s richest investors — is considered an important stop on the hedge fund money-raising circuit.

Since Morgan Stanley does not invite the news media to its conference, there is not expected to be the same paparazzi-like reports on Mr. Cohen that emerged last week from Davos. Bloomberg News filed a dispatch that Mr. Cohen sat in on a panel discussion on data security called “The Digital Infrastructure Context.” And Henry Blodget, the editor of the financial Web site Business Insider, wrote a Twitter post on a sighting of Mr. Cohen.

“Steve Cohen was hanging in Davos lounge yesterday,” he wrote. “Didn’t look worried.”

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