Archive for July 22nd, 2009

Berkshire Hathaway Reduces Stake In Moodys

Wednesday, July 22nd, 2009

NEW YORK (Reuters) — Warren Buffett’s Berkshire Hathaway Inc. this week lowered its stake in credit ratings provider Moody’s Corp. to 16.98% from 20.4%, the first reported reduction since 2000.Moody’s shares fell slid 2.57, or 9.7%, to 23.95 in after-hours trading after Berkshire disclosed the sale in a U.S. Securities and Exchange Commission filing.Berkshire said its National Indemnity Co. insurance unit sold 7.99 million Moody’s (MCO) shares at an average 27.25 per share in open market transactions from Monday to Wednesday, for gross proceeds of 217.6 million.The sales reduced Berkshire’s (BRK.A) stake in the New York-based parent of Moody’s Investors Service to about 40.01 million shares from 48 million.National Indemnity still owns 24.29 million Moody’s shares, or 10.31%, while Berkshire’s Geico auto insurance unit owns 15.72 million shares, or 6.67 percent, the filing shows.0:00
/2:552.1 million lunch with BuffettIt was not immediately clear why Berkshire lowered its Moody’s stake. Berkshire, through Buffett’s assistant Carrie Kizer, did not immediately return a request for comment.Moody’s spokesman Michael Adler said: “We’re aware of Berkshire Hathaway’s holdings, and we have no comment on their intentions.”The sales were revealed a day after the Obama administration proposed new disclosure and conflict of interest rules on credit rating agencies.Many investors and lawmakers blame Moody’s, McGraw-Hill Cos’ Standard & Poor’s and Fimalac SA’s Fitch Ratings for assigning top ratings to risky mortgages and debt that later collapsed, fueling the global credit crisis.Critics say the agencies lack independence because they are paid by issuers they rate.Buffett has long defended Berkshire’s investment in Moody’s, even after the agency stripped the Omaha-based insurance and investment company of its “Aaa” rating in April.”I don’t think they were unique in being unable to spot what was coming,” Buffett said May 2 at Berkshire’s annual meeting.He added that because few companies rate credits and the business requires little capital, “it has the fundamentals of a pretty good business. It won’t be doing the volume probably for a long time in certain areas of the capital markets.”Dun & Bradstreet split off Moody’s in 2000. Moody’s share count doubled in 2005 because of a stock split.

Source:CNN

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Work Toward Creating A New Consumer Agency Hits Snag

Wednesday, July 22nd, 2009

WASHINGTON: One of the signature proposals in the Obama administration’s efforts to reshape the regulatory framework for banks has been slowed as supporters regroup in the midst of mounting opposition.The creation of a new consumer protection agency to regulate mortgages, credit cards and credit insurance was never going to be easy. But the forces trying to stop or water down the proposal have grown beyond banks and financial sector lobbyists.Federal Reserve Chairman Ben Bernanke, testifying Wednesday before the Senate Banking Committee, argued strongly that the central bank should keep its consumer protection powers, which would otherwise move to the new agency.Bernanke also suggested that Congress take steps to elevate consumer protection to a more prominent role at the Fed.Fed leaders have been making their case behind the scenes for weeks. Bernanke’s comments represented the Fed’s most high-profile public opposition to a stand-alone consumer agency.The push-back has prompted top Democrats supporting the consumer agency to change strategies. House Financial Services Chairman Barney Frank, D-Mass., said he would delay pushing for a vote on the consumer agency bill until September, in part to give top Democrats more time to win more support in Congress and outside of Washington.”This became somewhat more controversial than I expected,” Frank said Wednesday at a press conference with consumer advocates. “I believe the votes were there, on the part of the Democrats, to put it through. Even a few Republicans or two had talked about it … but this is worthy of an actual debate.”How it would work: The Consumer Financial Protection Agency would be run by a presidentially-appointed, five member board and would wield broad power, including the ability to examine and subpoena information from banks.A main task of the new agency would be to create simple templates for basic financial products, such as fixed-rate, 30-year mortgages. All banks and mortgage brokers would have to offer the simpler product and use an agency-approved standard, one-page application. More complicated mortgages would have to spell out how they differ from the simpler “plain-vanilla” financial product.The agency would also have the power to ban products deemed deceptive. That has prompted critics to warn that the new agency could stifle innovation in financial products and make credit less available for consumers.The debate: The financial services sector has come out swinging against the proposed new agency. The head of the Financial Services Roundtable, a powerful lobbying group representing Wall Street, has talked publicly about efforts to kill the proposal. On Wednesday, the U.S. Chamber of Commerce issued a press release praising the delay of the “flawed” proposal.Lawmakers opposed to the plan are also speaking out. 0:00
/4:59Bank regulatory maze”I think this is a tremendous overreach and very disturbing to listen to,” said Sen. Bob Corker, R-Tenn., last week during a hearing on the new consumer panel. “And I hope that as [the bill goes forward], we will be able to work together to do something that is not an overreach, where the federal government is telling citizens the types of products they should and shouldn’t buy and telling companies what they should and shouldn’t offer.”On the other side of the debate, the Treasury Department joined in the public campaign Wednesday. Deputy Treasury Secretary Neal Wolin pressed for the new agency at a meeting of the American Bankers Association, which is strongly opposed to the idea.”The agency will not limit consumers’ ability to choose the products they want,” Wolin said. “Quite the contrary, our proposed legislation explicitly charges the CFPA with preventing abusive and unfair practices and, at the same time, promoting efficiency, innovation and consumer access to financial services.”Fed pushback: On Wednesday, Bernanke added his voice to the list of those trying to reshape the proposal.While agreeing the Fed was not “aggressive enough to address consumer issues earlier in this decade,” Bernanke defended the Fed’s role as an advocate for consumers.”We have the capacity, we have the ability [and] we have the expertise … to be effective when we are working in that direction,” Bernanke said.He recommended that Congress rewrite the Federal Reserve Act to elevate consumer protection as a “major goal” of the Fed, equal in importance to assuring full employment and price stability. The Fed chairman could report regularly on how they’re monitoring consumer protection — similar to monetary policy updates, Bernanke said. He suggested Congress could hold hearings to question how the Fed is addressing consumer protection.Bernanke also suggested beefing up the Fed’s Consumer Advisory Council, giving the group more power and requiring it to meet more often. Currently, the 30-member council comprises industry and consumer representatives and meets three times a year. Yet, its authority is limited to advising the Federal Reserve Board.”I think there are steps that could strengthen the institutional framework that would address your legitimate concern about the long-term commitment of the Fed to this particular area,” Bernanke said.Campaign continues: While Bernanke testified, on the opposite side of the Capitol, House financial leaders, including Frank and Rep. Maxine Waters, D-Calif., held a press conference with a new group organized last month to push for the new consumer agency.Americans for Financial Reform is comprised of union and consumer advocate groups. It has also signed on a few financial firms to its cause. The coalition was the brainchild of consumer groups disappointed with their failure to convince Congress to pass a measure that would have allowed judges to modify underwater mortgages, a move successfully blocked by the financial sector industry.

Source:CNN

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Online Retailer Amazon Buys Zappos In Cash And Stock Deal

Wednesday, July 22nd, 2009

NEW YORK: Amazon.com has reached an agreement to purchase Zappos.com, the online retailer known for its selection of shoes, for 807 million, according to a statement released Wednesday.Zappos.com will get approximately 10 million shares of Amazon.com (AMZN, Fortune 500), which is equal to approximately 807 million, based on the average closing price for the 45 trading days ending July 17. As part of the agreement, Seattle, Wash.-based Amazon.com will also give Zappos.com 40 million in cash and stock for its employees, on top of the 807 million purchase price of the company. 0:00
/3:48Bezos’ big-screen Kindle”We will continue to build the Zappos brand and culture in our own unique way, and we believe Amazon is the best partner to help us do this over the long term,” said Tony Hsieh, CEO of Zappos, in a written statement. The acquisition should be completed during the Fall of 2009, according to the statement.Amazon.com is scheduled to report its second-quarter financial statement Thursday after the closing bell. The company is expected to report that earnings fell to 31 cents per share, down from 37 cents per share in the same quarter a year ago, according to a consensus estimate compiled by Thomson Reuters.

Source:CNN

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Chrysler Washington Meddling Could Kill Us

Wednesday, July 22nd, 2009

NEW YORK: A Chrysler Group executive, testifying before a Congressional committee hearing on Chrysler and General Motors’ auto dealership cuts, warned that being forced to reinstate dealers could force Chrysler out of business.The House of Representatives recently passed a bill that would require GM and Chrysler to reinstate the contracts of dealers that were recently dropped as part of their separate bankruptcy proceedings.Louann Van Der Wiele, Chrysler Group general counsel, testified Tuesday before a sub-committee of the House Judiciary Committee. She warned that forcing Chrysler to reinstate the 789 dealer contracts it had left behind in bankruptcy court earlier this year would force “new” Chrysler into bankruptcy again. This time with no buyer to bail the company out.”Complete liquidation, with all of its dire consequences, could follow,” she said, according to a transcript of her testimony.Auto dealerships are separate businesses from auto manufacturers. Both GM and Chrysler have argued that having too many dealerships has hurt profitability by spreading sales too thinly and forcing dealers to compete with one another.Chrysler announced in May that it was cutting off business ties with 789 dealerships, or about a quarter of its dealer network. According to Chrysler, the dealers being cut off accounted for only a fraction of the automaker’s actual sales.Later, GM announced that it was severing ties to 1,100 of its 6,000 dealers.While both GM and Chrysler have been working for years to trim their dealer networks, it’s usually a process that requires individual negotiation with each dealership and often hefty buy-out fees to end a contract. That’s because dealers are usually protected by strong state franchise laws.Bankruptcy court allowed both GM and Chrysler to avoid those negotiations. The new companies that took over the Chrysler and GM names and businesses simply declined to purchase the unwanted dealer contracts as part of the new company’s assets.A bill similar to the one the House passed faces stronger opposition in the Senate where Majority Leader Harry Reid said earlier this week the measure is not a priority.President Obama has also voiced opposition to the bill, saying it would derail the administration’s hard work to save GM and Chrysler.

Source:CNN

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Congress Praises Goldman Sachs Warrant Payback

Wednesday, July 22nd, 2009

NEW YORK (Fortune) — Goldman Sachs gave taxpayers their due Wednesday. Now, legislators are pressing Treasury to get other banks to do the same. Goldman Sachs (GS, Fortune 500) said it paid the government 1.1 billion to redeem the stock-purchase warrants it issued Treasury last fall. The payment marks the first time taxpayers have recovered the full value of warrants issued to a major institution under the Troubled Asset Relief Program, one expert said. “The Goldman Sachs TARP warrant deal is the best deal that taxpayers have got to date,” Linus Wilson, an assistant finance professor at the University of Louisiana at Lafayette, said in an email. “Since at least April 2009, representatives from Goldman Sachs have said that taxpayers deserve a fair return for their investments. They lived up to their word today.” The repurchase agreement comes on a day in which a congressional panel heard testimony on Treasury’s handling of the TARP warrant-repayment process. The government took warrants, which give investors a right to buy a stock later at a specified price, in firms that borrowed from it last fall as a way to compensate taxpayers for the risks they took.Herb Allison, the assistant Treasury secretary for financial stability, told the House Financial Services subcommittee on oversight and investigations that the Goldman deal was “a very fair price” for taxpayers. 0:00
/2:07Goldman does it again”That sounds pretty good,” said Rep. Dennis Moore, D-Kansas, said of the 23% annualized return taxpayers got on their 10 billion investment last fall in Goldman, “but is it good enough?” The panel is due to hear testimony later Wednesday afternoon from the heads of three government watchdog organizations: Elizabeth Warren of the Congressional Oversight Panel, Thomas McCool of the Government Accountability Office and Neil Barofsky, the TARP’s special inspector general.Some legislators wondered if Treasury has been aggressive enough in collecting taxpayers’ full due from banks that have repaid their TARP loans. A July 10 report from Warren’s panel estimated Treasury had recovered just 66% of the estimated value of warrants in repurchase transactions. The problem, some legislators said, stems from Treasury’s adherence to a lengthy and convoluted negotiating process with banks. Last week, Mary Jo Kilroy, D-Ohio, introduced a bill that would force TARP warrants to be sold in the open market rather than settled through private negotiations. The negotiations, Kilroy said, have resulted in subpar recoveries for taxpayers and a lack of transparency. “Now is the time to act to close this loophole,” Kilroy said Wednesday. Allison said Treasury would consider the matter. “We will continue to refine our process with the aim of protecting the taxpayer’s investment,” he said in prepared testimony. Goldman isn’t the only bank that has pressed to settle its outstanding warrants, but others seem less eager to pay full fare. JPMorgan Chase (JPM, Fortune 500) last week waived its right to repurchase the warrants, saying it would prefer to see them auctioned in the market. CEO Jamie Dimon reportedly complained to Treasury Secretary Tim Geithner about the government’s valuation methods. Allison defended those methods Wednesday, and Wilson said the Goldman payment — which the firm described as “full and fair” — is in line with his own estimates. According to Wilson’s numbers, the Goldman warrants — which gave the government the right to buy 12.2 million shares by October 2018 at 122.90 each — were worth between 947 million and 1.35 billion at current market prices. Goldman’s stock was trading at about 160.65 a share Wednesday.The midpoint of Wilson’s estimate range is 1.12 billion — right in line with the amount Treasury and Goldman agreed to. In contrast, U.S. Bancorp (USB, Fortune 500) — the 12th biggest bank holding company in the U.S., according to government data — paid just 139 million last week to settle its warrants. Wilson said that payment meant taxpayers were getting shortchanged by between 48 million and 164 million. As pleasing as the Goldman payment is, the JPMorgan auction could set the more important precedent.”Goldman has done very well under the bailout, and they just wanted to end their involvement,” said Wilson. “Everyone isn’t going to be so eager to get out quickly.”

Source:CNN

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Senior Workers Delaying Retirement Face Tough Job Market

Wednesday, July 22nd, 2009

NEW YORK: Retirement dreams are quickly fading for thousands of older workers, as the severe market losses that ravaged once-healthy retirement accounts over the last year force many seniors to work longer.There were 430,000 people age 65 and over actively looking for work in June, a whopping 46% increase from a year ago, according to the Bureau of Labor Statistics.Many who once expected to retire at 62 now expect to work until at least 65, said Sara Rix, a policy analyst with AARP’s Public Policy Institute. A need for money was the most common culprit cited by workers surveyed by the AARP.”A lot of people who thought their funds would carry them into their golden years are being forced to work,” said Ford Myers, president of Career Potential, LLC, a Pennsylvania-based career consulting firm, and author of the book, “Get the Job You Want, Even When No One’s Hiring.”"If they already have a job, then it’s a little bit easier,” he added, but for those trying to find a job or get back into the work force after retiring, “it’s a lot more challenging.”For seniors age 65 and older who are out of work and in need of a job, these are the worst times on record. The unemployment rate for people actively looking for work within that age group jumped to an all-time high of 6.8% in June, up from 6.1% in May.While the unemployment rate for older workers is below the national average, that number likely does not count many displaced and discouraged workers who are far more likely than younger ones to drop out of the labor force when they lose their jobs, according to Rix.And at a time when nearly a tenth of the general population is out of a job, issues like age discrimination, out-of-date skill sets and rsum gaps can make it even tougher for seniors to get hired. Once unemployed, older workers tend to stay out of work longer than their younger counterparts, according to BLS.Getting back in the gameIn order for Ruby MacDonald, 65, to find a job, she had to reinvent herself — as a freshman.MacDonald has been a nurse for 32 years but retirement is still a distant goal. “I thought about retiring but with the market the way it was I couldn’t afford that,” she said. Instead, MacDonald got a bachelor’s degree and then a master’s to boost her viability in the job market.”If I was going to stay in nursing and not be forced to retire, then I needed to get my master’s,” she said. “With the competitive market for nurses I knew I needed some credibility and more background as far as education went.”MacDonald finished her master of science in nursing online from Excelsior College in December and was hired shortly after as the chief nursing officer at Laredo Medical Center in Texas.”It is tough out there in this job market and I was scared of looking for work at my age,” she said, but “I was so excited when I was offered this position.”According to Bill Stewart, assistant vice president for institutional advancement at Excelsior, there has been an increase in the number of people over 60 going back for a degree in order to stay competitive in the job market.0:00
/4:42′Panic is over, crisis is not’In addition to bulking up on schooling, Cynthia Shapiro, career coach and author of “What Does Somebody Have to Do to Get a Job Around Here?”, advises other seniors struggling to find a job to emphasize the upside that more years of experience can bring, such as extensive contacts, a better work ethic and a higher level of responsibility.”Sell the idea that you’d be a terrific mentor,” echoed Dan King, principal of Career Planning and Management in Boston. And don’t underestimate the importance of being tech savvy, he added. That’s one area where employers may assume younger competitors have an advantage in the market place, the career experts said.But older workers may have to scale back their expectations, Shapiro warned. “If you’ve been in the industry for 30 or more years, then you should be earning at the top level, but not in this economy.”

Source:CNN

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Fannie amp Freddie The Most Expensive Bailout

Wednesday, July 22nd, 2009

NEW YORK: The first big government bailout of the financial crisis — the takeover of mortgage finance giants Fannie Mae and Freddie Mac — is poised to be the most expensive and complicated to complete.Since Congress essentially wrote a blank check to the Treasury Department in July 2008 to do what needed to be done to inject capital into the two firms, Fannie (FNM, Fortune 500) has received 34.2 billion of direct government support while Freddie (FRE, Fortune 500) has received 51.7 billion. While that’s lower than the 117.5 billion poured into insurer AIG (AIG, Fortune 500) by the Federal Reserve and the 200 billion given to the nation’s largest banks through the Troubled Asset Relief Program, or TARP, the current cost of the Fannie and Freddie bailouts dwarfs original estimates from a year ago When Congress was debating the bailout of Fannie and Freddie last July, the official estimate from the Congressional Budget Office was that a bailout would most likely cost taxpayers 25 billion, with only a 5% chance of the price tag reaching 100 billion between them.In addition, both Fannie and Freddie are likely to need billions of dollars more after they report second quarter results in the coming weeks. Experts believe the cost will only continue to rise in the next year.”We’re assuming they each will cross the 100 billion mark fairly soon. They could be hitting the 200 billion barrier by the end of next year,” said Bose George, mortgage analyst at Keefe, Bruyette & Woods, an investment bank specializing in financial services firms.The direct government has helped keep the two troubled firms remain solvent. The amount of any additional aid will be determined by their ongoing losses and reserves for future losses on the trillions of dollars in mortgage loans they own or guarantee. Fannie and Freddie were originally created to help insure that financing for homes would be available and affordable to more consumers. The two firms buy mortgages from banks and other lenders and bundle them together into securities. They then either hold those securities or sell them to them to investors with a guarantee that they will be paid the money owed by homeowners.But as more homeowners continue to default on mortgages, the two firms will likely book additional losses well into next year.Neither firm has given an estimate as to how high losses will reach. But the original limit of 100 billion in losses set in place when the government put Fannie and Freddie into conservatorship, essentially a form of bankruptcy, last September was quickly raised early this year to 200 billion each because of concerns about looming losses.In return for pumping taxpayer dollars into the two firms, Treasury received preferred stock, which is designed to give the government a healthy 10% to 12% dividend. But few expect that Fannie or Freddie will be able to pay that dividend, let alone return the money handed to the firms to cover their losses..Even James Lockhart, director of the Federal Housing Finance Agency, the government body that has overseen the two firms since they were placed into conservatorship, , said it will be a challenge for Fannie and Freddie to make their scheduled payments.”Obviously the 10% dividend is a high rate,” he said, but added that this is probably below what private market investors would demand to own preferred shares in the two companies.0:00
/4:19Housing market’s false hopeLockhart also agrees with experts who believe that the government will eventually have to write down at least a portion of the money that has been sunk into Fannie and Freddie. He would not estimate how much, saying it will depend upon housing prices in the future. But Lockhart maintained that the loss of taxpayer money is worth it in the long run because Fannie and Freddie have continued to be vital parts of the housing market during the credit crunch.”They really have been the backbone of the housing market throughout this period,” he said. “The money spent, we can at least say has gone to a good cause — keeping the housing market much more stable than it would have been [without the bailout].”And it’s precisely for this reason that experts think the ultimate bailout cost will climb much higher. The money allocated for Fannie and Freddie is being used not to simply return the firms to profitability, but to try and fix the broader housing market’s problems.Using Fannie and Freddie for housing policyBoth the Bush administration and the Obama administration have used government control of Fannie and Freddie to implement various policies to try to address rising home foreclosures and falling prices. The firms are a key part of the Obama administration’s efforts to refinance mortgages of at-risk home owners, in some cases making loans for up to 125% of the home’s current market value.”The way to think of the cost is not as a loan,” said Phillip Swagel, a professor at Georgetown’s business school who was the assistant secretary for economic policy in the final months of the Bush administration. “It’s really a way of spending taxpayer money for policy purposes.”In contrast, other companies receiving federal bailout dollars, such as automakers General Motors and Chrysler, money-losing banks and AIG, were given the charge by Treasury Department officials to stem their financial bleeding so they could eventually be returned to full ownership by the private markets.But unlike the rapid six week bankruptcy process at GM and Chrysler, the conservatorships at Fannie and Freddie won’t be coming to a conclusion any time soon. Even as it laid out its plans to reform the nation’s financial regulatory system last month, the Obama administration said it would not put forward a permanent plan to fix the mortgage finance firms until February 2010. After that, it’s uncertain how long it will take to get the necessary approval from Congress for any changes to the current structure of Fannie and Freddie. There is a case for maintaining the status quo since Congress and the Obama administration have been able to use the two firms to deal with broader problems in the housing market. What’s clear is that there will continue to be a need for companies like Fannie and Freddie to keep mortgage costs relatively affordable by packaging loans into securities, placing a guarantee on them, and selling them to investors.Some experts believe that this business can become very profitable again, especially if Fannie and Freddie maintain tight underwriting standards from now on.Fannie and Freddie “may own the securitization game for the next decade,” said Jaret Seiberg, analyst with Concept Capital’s Washington Research Group. “They’ll have a duopoly, a smaller portfolio and a profitable business model.”But before any of that happens, taxpayers will likely take an even bigger hit on the Fannie and Freddie bailouts first. Talkback: Should the government spend more taxpayer money to keep Fannie Mae and Freddie Mac afloat?

Source:CNN

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Goldman Sachs Wises Up On Stock Warrants

Wednesday, July 22nd, 2009

NEW YORK (Fortune) — Goldman Sachs has wised up. Just a few days ago, the firm was haggling with the government over how much to pay for the stock-purchase warrants it gave the government as part of the deal under which it got 10 billion from the Toxic Assets Relief Program, which it has since repaid.Today, Goldman Sachs (GS, Fortune 500) announced it has redeemed the warrants for a nice price (for the taxpayers): 1.1 billion. That’s apparently about double what Goldman was offering when I wrote a few days ago that Goldman was “squabbling with the Treasury about how much it should pay.”0:00
/8:33Transparency? Not so much …I wrote that Goldman was acting foolish and ungrateful in haggling over the price of the warrants, given that only the government’s massive assistance to the world financial system kept Goldman afloat.”We are grateful for the government effort,” chief executive Lloyd Blankfein said, striking the right note in a news release.Company spokesman Lucas van Praag, who called to make sure I knew about the news, had one final point to make: “There was never any squabbling,” he told me. Objection noted. As is the extra 500 million or so.

Source:CNN

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Why Congress Is Stalling Obamas Health Plan

Wednesday, July 22nd, 2009

NEW YORK (Fortune) — President Obama’s rush to rescue his health-care plan is coming just in time, because its critics are starting to give it a bad rap. On Monday, the Republican National Committee unveiled an ad that lumps the President’s health-care reform efforts with the bank and auto bailouts. As forlorn looking children stare back at the camera, a voice intones that Obama’s plan is simply a “massive spending experiment” — yet another risky, big-ticket item that will leave a burden on future generations. In short, critics say, it’s all getting too expensive.Obama never promised that a lofty goal like providing affordable health care to all Americans wouldn’t cost anything — he pledged only that the reform will pay for itself, meaning it won’t deepen the federal deficit. The President’ pitch. Tonight at his news conference, Obama will have to restate the case for why increased spending will be worth it. At last count, the Democrats’ health-care reforms will cost at least 1 trillion for the first 10 years. Obama has argued that over the longer run, the changes will lower health-care spending so it stops being a giant drag on the country’s economic resources. The latter is what he calls “bending the curve.”What Congress is debating with increasing intensity, up against Obama’s hope of getting both houses of Congress to pass a measure before their August recess, is how to cover this 1 trillion price tag. Opponents of the emerging plans were emboldened last week by a report from the Congressional Budget Office that showed the plans would not accomplish their stated goal of significantly reducing federal health spending. However, the plans that Congress handed Douglas Elmendorf, the head of the CBO, have yet to include some of the bolder proposals that will curb costs.0:00
/1:59Health care squabbleFinding any savings to pay for the reforms is bound to anger someone, which is why Congress has yet to confront all the details about where to cut. “Waste is income for other people,” says Dean Baker, co-director of the Center for Economic and Policy Research in Washington. “When you find the waste — and there’s much, clearly — that’s all income for someone, whether it’s the drug companies, the medical supply industry, doctors who might be paid too much for some procedures. Every single one has someone behind it who will fight to their last breath to keep Congress from taking them away.”Funding quandary. The Democrats can account for about half the 1 trillion cost with policies like reducing subsidies to private insurers who serve Medicare patients. The last stretch, however, will probably entail tax increases. Towards this end, House Democrats last week proposed a surtax of as much as 5.4% on income above 350,000 a year.The idea is suffering a backlash, not just on behalf of high-income taxpayers but also on philosophical grounds. “We can’t fund a broad-based policy with a targeted tax,” says William Gale, director of the Economic Studies Program at the Brookings Institution. “It doesn’t make sense, and it’s bad health-care policy.” Gale adds that a surtax on the rich is politically unstable, since the moment the Republicans take over Congress again, they’ll probably roll back the taxes, leaving health care unfunded.Gale, along with many health-care experts, points instead to limiting tax exclusion for employer-provided health benefits, since it not only helps pay for the reform but also discourages wasteful spending. Unions strongly oppose the measure, and Obama has signaled that he backs them, but there could still be room for a deal in which the cap is kept very high and would affect only a small portion of the workforce.Blue Dog dilemma. Conservative Democrats are especially leery of the revenue-raising ideas — many are freshman who don’t want to be tarred with the “tax and spend” brush. These Democrats, known as the Blue Dogs, have triggered speculation that if they don’t move with their party leadership, they could sink the whole effort. However, dissent doesn’t always spell doom when it comes to the legislative process. As long as there’s a bottom-line conviction from these Democrats that the status quo of the health-care system is unsustainable, and a commitment to finding cost savings, they may stay on board.”I wouldn’t read too much into one day’s events. There are going to be bumps along the road that may require us to turn around and reprogram our GPS,” says Rep. Gerald Connolly of Virginia, who is president of the freshman class and opposes taxing employee health benefits to help pay for reform. He suggests extracting more concessions from the pharmaceutical and insurance industries instead.”One of the advantages of having a system that’s as inefficient as ours,” says Baker, “is that over the next decade, we’re going to spend somewhere around 30 trillion on health care. The idea that you have to dig up 200 billion to 300 billion in savings doesn’t sound like that hard a task to make [reform] deficit neutral.”As Congress hammers out the details and Obama steps into the fray, what looks like a bill on the verge of failure may turn out to be legislative business as usual — it’s just inherently a messy process. As Sen. Chris Dodd (D-Conn.) recently said on ABC’s “This Week,” “If this were easy, it would have been done decades ago.”

Source:CNN

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US Asks Court To Order CSK Chief To Return 4 Million

Wednesday, July 22nd, 2009

WASHINGTON (Reuters) — U.S. regulators asked a court Wednesday to order the former head of CSK Auto Corp. to return more than 4 million in bonuses and stock sales that he received at a time when CSK was allegedly misleading investors about the company’s finances.The U.S. Securities and Exchange Commission asked a federal court in Arizona to order former CSK Auto CEO Maynard Jenkins to pay back the money to the company even though Jenkins himself faces no charges.The move against Jenkins is the first under a “clawback” provision that allows the government to pursue executives for money they earned while a company committed accounting fraud.Jenkins is not accused of any fraud, but the SEC charged four former CSK executives in March with securities fraud. In May, CSK settled SEC charges that it filed false statements for the 2002 to 2004 fiscal years.CSK Auto operates the stores Checker Auto Parts, Schuck’s Auto Supply, Kragen Auto Parts and Murray’s Discount Auto Stores, according to the corporation’s Web site.”Jenkins was captain of the ship and profited during the time that CSK was misleading investors about the company’s financial health,” said Rosalind Tyson, director of the SEC’s Los Angeles Regional Office, in a statement. “The law requires Jenkins to return those proceeds to CSK.”

Source:CNN

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