Thursday, October 9, 2008

Capitalist Dogs Scrap For Wachovia

The headline is based on a headline from MIM Notes, a crazy communist newspaper for the 1980s and 1990s. Sadly, according to Wikipedia, it has ceased to exist. The original headline was "Imperialist Dogs Scrap for Power". I think it was about the Clinton impeachment.

Apparently, Wachovia, a semidefunct "financial institution", is the subject of a hot dispute between Wells Fargo and Citigroup. Both companies bid for Wachovia, and Citigroup claims an exclusivity agreement did not allow the Wells Fargo bid. Citigroup now calims they are abandoning their bid and are instead going to sue for $60 billion. Apparently, these guys are really looking aggressively for cash. To add to the zaniness, the National Republican Congressional Committee has received a last-minute $8 million loan from Wachovia at a time when they are lending to few others. The loan is to be used to support flagging Republican campaigns for seats in the House of Representatives. Given that the US government is a party to either deal, putting in bailout funds to limit losses to the buyer from Wachovia's poorly understood liabilities, there are massive conflicts of interest at work here.

The story could also have relevance to election races in North Carolina, where plummeting Republican fortunes connected with the financial crisis and local shortages of gasoline could lead to loss of elections for governor and US Senate, as well as the loss of at least one House seat, which happens to include Wachovia's headquarters in downtown Charlotte.

http://www.bizjournals.com/triangle/stories/2008/10/06/daily49.html

Citigroup cedes Wachovia to Wells Fargo, but will seek $60B in damages

Triangle Business Journal - by John Downey Senior Staff Writer

Wells Fargo & Co. has apparently won the battle for Wachovia Corp.

Citigroup has withdrawn from negotiations brokered by federal regulators that sought a compromise to the competing bids from Wells and Citigroup.

The issue is likely to go to court. But Citigroup says it will no longer seek to block Wells’ proposed $15.1 billion purchase of Wachovia.

However, Citigroup does plan to seek damages for Wachovia’s decision to choose Wells over an earlier agreement it had made to sell its banking operations to Citigroup for $2.1 billion.

“We did not seek the Wachovia transaction; Wachovia brought it to us,” says Citigroup CEO Vikram Pandit in a prepared statement. “Our focus remains on capitalizing on our global strengths. We will continue to apply the same discipline we employed in this and other recent transactions to future acquisition opportunities.”

Wells says it has immediate no comment. Wachovia says it is preparing a press release of its own.

Christina Pretto of Citigroup says the bank will seek the $60 billion in damages it has claimed from the deal gone sour. That case will proceed, she says, in New York Supreme Court. She could not say when hearings might be held on Citigroup’s claims.

But with Citigroup no longer trying to enjoin Wells and Wachovia from going ahead with the deal, the case will no longer be on the fast track. And cases in federal court and North Carolina state courts over efforts to block Citigroup’s interference with the Wells deal appear unnecessary following Citigroup’s announcement.

The Wachovia-Citigroup deal announced Sept. 29 included an exclusivity agreement that prevented Wachovia from negotiating an acquisition by anyone else.

On Oct. 2, Wachovia got an offer from Wells. That deal called for the sale of the entire bank holding company to Wells for $15.1 billion. The Wachovia board approved that deal early Oct. 3.

Wells had insisted there is no bar to its deal with the Charlotte-based bank.

Wachovia spokeswoman Christy Phillips-Brown released a statement Sunday defending the Wells deal. Wachovia insisted the agreement, which involved no federal guarantees, was proper and valid. And Wachovia said it remained open to a new offer from Citigroup.

Federal regulators first stood by the original deal. Citigroup went to the New York Supreme Court on Oct. 4, getting a temporary injunction blocking the Wells deal.

Additional actions were filed in state and federal courts over the next two days. On Oct. 6, the banks agreed to suspend the legal battle to try and work out an agreement among all the parties.

The Wells deal was generally preferred by bank employees and in Charlotte. Wells said it would keep the bank intact. Because Wells has few operations on the East Coast, there were likely to be minimal job losses below the corporate level. And a promise to make Charlotte Wells’ headquarters for East Coast operations took some of the sting out of the sale of Wachovia. The price offered by Wells was also seven times what Citigroup had proposed.

And Wells is the stronger institution, says Tony Plath, who follows the banking industry at UNC Charlotte's Belk College of Business.

Wells has not been hit as hard as many of the nation's large banks by the mortgage crisis. And it's generally on firmer financial ground, Plath says.

He believes one reason federal regulators were so eager to pair Citigroup with at least a part of Wachovia was to shore up the New York bank and give the markets confidence about its operations. And Plath says Wells has better retail banking operations than Citigroup.

Citigroup has been a large investment bank that got into branch banking to strengthen its capital base with depoists, which are an inexpensive source of cash for its investment-banking operations. Wells and Wachovia both have investment-banking arms. But both are primarily branch banks.

If Wells combines with Wachovia’s 3,300 branches across the nation, it would rival, if not surpass, Charlotte's Bank of America Corp. as the country’s largest retail bank.

Wednesday, October 8, 2008

Nation's Second Largest County Resists Evictions

Cook County, which includes Chicago, has declared that it will not evict tenants from properties foreclosed from the owner without an affidavit that the occupants have been notified. In the case of notification, tenants have 120 days to leave.

http://ap.google.com/article/ALeqM5gWQSAw_s2aqqnJS5Ib0-PbD24H5gD93MJAO00


Chicago's Cook County won't evict in foreclosures

CHICAGO (AP) — The sheriff here said Wednesday that he's ordering his deputies to stop evicting people from foreclosed properties because many people his office has helped throw out on the street are renters who did nothing wrong.

"We will no longer be a party to something that's so unjust," a visibly angry Cook County Sheriff Tom Dart said at a news conference.

"We have to be sure that when we are doing this — and we are destroying some people's lives — we better be darned sure we're talking about the right people," Dart said.

Dart said he believes he's the first sheriff in a major metropolitan area to stop participating in foreclosure evictions, and the publisher of a national foreclosure database said he's probably right.

"I haven't heard of any other sheriff unilaterally deciding to stop foreclosures," said Rick Sharga, senior vice president of the Irvine, Calif.-based RealtyTrac, Inc. He said the sheriff in Philadelphia helped push a moratorium on foreclosure sales, but that involved owner-occupied homes and not renters.

Dart said that from now on, banks will have to present his office with a court affidavit that proves the home's occupant is either the owner or has been properly notified of the foreclosure proceedings.

Illinois law requires that renters be notified that their residence is in foreclosure and they will be evicted in 120 days, but Dart indicated that the law has been routinely ignored.

He talked about tenants who dutifully pay their rent, then leave one morning for work only to have authorities evict them and put their belongings on the curb while they are gone.

By the time they get home, "The meager possessions they have are gone," he said. "This is happening too often."

In many cases, he said, tenants aren't even aware that their homes have fallen into foreclosure.

This week, an attorney asked that Dart be held in contempt when his deputies did not evict tenants after determining they were not the owners and did not know about their landlord's financial problems.

A judge denied the attorney's request, Dart's office said, and Dart said that after talking to the Cook County state's attorney's office, he is confident he is on solid legal ground.

"My job as sheriff is to follow court orders, absolutely," he said. "But I'm also in charge of making sure justice is being done here and it is clear that justice is not being done here."

The state's attorney's office said it would not comment on conversations with Dart because his office is a client.

Foreclosures have skyrocketed around the country in recent months and Dart said the number of foreclosure evictions in Cook County could more than double from the 2006 tally of 1,771. This year the county is on pace to see 4,500 such evictions, he said.

Dart warned that because the eviction process on foreclosures can take more than a year, the number is sure to climb even higher.

"From all the numbers we have seen, we know (they) are going to be exploding," he said.

Sharga said there are more than 1 million U.S. homes in foreclosure — with about a third of that number occupied by someone other than the owner.

"That number will continue to get bigger," he said.

Dart said he believes banks are not doing basic research to determine that the people being evicted are, in fact, the homeowners.

He said that in a third of the 400 to 500 foreclosure evictions his deputies had been carrying out every month, the residents are not those whose names are on the eviction papers.

Nor, he said, are banks notifying tenants that the homes they're renting are in foreclosure. He added that when banks do learn the correct names of those living on foreclosed-upon property, their names often are simply added to eviction papers.

"They just go out and get an order the next day and throw these people's names on there," Dart said. "Whether they (tenants) have been notified, God only knows."

Evictions for nonpayment of rent will continue, Dart said, explaining that those cases already have gone to court, his office is confident the people being evicted are who the landlord says they are, and there is no question the tenants are aware of what is going on.

Dart said it's only fair for banks to give occupants of a foreclosed property adequate notice before forcing them out.

"You are talking about a lot of people in rental situations living paycheck to paycheck," he said. "To think they are sitting on a pool of money for an up-front deposit, security deposit, is foolishness."

Tuesday, October 7, 2008

Arr! Kenyan Parliament Demands Answers from Defense Minister

This video claims that the defense committee of the Kenyan Parliament has called the Defense Minister to testify on Tuesday (Oct. 13?) before their inquiry on the tanks allegedly purchased by Kenya which were intercepted off the coast of Somalia by pirates.

http://www.youtube.com/watch?v=fKdc83o1d7Y

Arr! Pirates Better Watch Out For the Somaliland Navy!

The Republic of Somaliland, a state which has approximately 3.5 million people in a territory the size of New York state, has decided not to wait for international recognition to build a navy.

This video shows off their gunships. Apparently, this is one part of Somalia that has taken steps to defend its coastline against illegal fishing and toxic waste dumping.

http://www.youtube.com/watch?v=8I3YNkrOMN4

I don't understand why the rest of the world doesn't just recognize these guys as an independent nation. Apparently the attitude is that there is a line in the sand around Somalia and we aren't going to allow anyone to be recognized until they conquer all of it.

Arr! Kenyan TV Confirms Tanks Actually Bound For Sudan

This is pretty solid. A video by Kenya's NTV shows that there is no evidence that Kenya has sent anyone to be trained on using or servicing T-72 tanks, and they actually show a picture of a previous shipment of tanks under tarps with the muzzles sticking out loaded onto a train of flatbed cars making its way through the bush. They then actually show the tanks loaded onto tractor-trailers (what an overload!) and slowly driven, undraped, with heavy military escort. They report that the tanks were driven in this way to the Sudanese border from the railroad at Eldoret, a distance of over 300 miles. There is no fucking way they could have kept this a secret--thousands of Kenyans must have seen the military convoys and wondered what was going on. Some of them might have even noticed the tanks were an unusual model.

http://www.youtube.com/watch?v=FEqo5oZO-V4

Waxman Destroys AIG Executives in Hearings

Henry Waxman has confronted AIG executives at a hearing with information that they went on a weeklong luxury retreat costing over $1000 a night, charged to AIG, AFTER the company was nationalized. Perhaps they should have been smart enough to cancel their reservations. After all, Waxman, as the Congressman from Beverly Hills, may have known people who could tip him off to such activities.

http://abcnews.go.com/Blotter/story?id=5973452&page=1

After Bailout, AIG Execs Head to California Resort

Rescued by Taxpayers, $440,000 for Retreat Including "Pedicures, Manicures"

Less than a week after the federal government committed $85 billion to bail out AIG, executives of the giant AIG insurance company headed for a week-long retreat at a luxury resort and spa, the St. Regis Resort in Monarch Beach, California, Congressional investigators revealed today.

AIG
The St. Regis Resort in Monarch Beach, California, was the site of a week-long luxury retreat for executives of the AIG insurance company, who headed there less than a week after the federal government committed $85 billion to bail out the company.
(ABC News Photo Illustration)

"Rooms at this resort can cost over $1,000 a night," Congressman Henry Waxman (D-CA) said this morning as his committee continued its investigation of Wall Street and its CEOs.

AIG documents obtained by Waxman's investigators show the company paid more than $440,000 for the retreat, including nearly $200,000 for rooms, $150,000 for meals and $23,000 in spa charges.

"Their getting their pedicures and their manicures and the American people are paying for that," said Cong. Elijah Cummings (D-MD).

"This unbridled greed," said Cong. Mark Souder (R-IN), "it's an insensitivity to how people are spending our dollars."

Appearing before the committee, Martin Sullivan, the AIG CEO until June, said the company was overwhelmed by a "financial global tsunami," and that "no simple or single cause" was to blame.

"I am heartbroken at what has happened," Sullivan said.

Robert Willumstad, the CEO from June to September, 2008, maintained AIG was a victim of a "crisis in confidence" and an "unprecedented global catastrophe." "Through the first week of September we were confident AIG could weather the crisis," Willumstad testified. He said the federal government offered its $85 million bail out on the afternoon it prepared for bankruptcy. Willumstad said the Federal Reserve demanded he resign, and will turn down his AIG retirement package of several million dollars.

But Congressional investigators raised question of "mismanagement" and whether AIG executives sought to "cook the books" and hide negative information from outside auditors.

On Dec. 5, 2007, Waxman said, CEO Sullivan told investors, "We are confident in our marks and the reasonableness of our valuation methods."

Documents obtained by the committee show that one week earlier, auditors Pricewaterhouse Cooper had "raise their concerns with Mr. Sullivan…informing him that PWC believed that AIG could have a material weakness relating to the risk management of these areas."

In March, 2008, the Office of Thrift Supervision wrote AIG, "We are concerned that the corporate oversight of AIG Financial Products…lacks critical elements of independence, transparency, and granularity."

Asked about the letter by the committee, the SEC's former chief accountant, Lynn Turner, said the letter reflects "a serious problem from the top down of management, that can bring an organization down."

Former AIG CEO Sullivan said accounting rules required AIG to mark down the value of its holdings, even though it had no plans to sell them, the "mark to market" provision.

AIG had to sell at "fire sale prices," he told skeptical members of Congress. "Suddenly a company with a trillion dollars in assets" was in trouble, said Sullivan.

Waxman questioned both former CEOs about a former AIG auditor who claimed he had been blocked from reviewing the books of a London-based division that has since been blamed for a large share of the company's downfall.

Former CEO Willumstad, chairman of the AIG board at the time, said "I honestly don't remember" the concerns raised by the former auditor.

"I find that very disturbing," said Congressman Waxman.

Waxman also said there is evidence the two men changed the bonus schedule once the company began to post losses, so that executives under the "Senior Partners Plan" would continue to make multi-million dollar salaries.

"Mr. Sullivan and the other top executives should have had their bonuses slashed due to poor performance," said Waxman.

Sullivan said it was "substantially reduced" by the board in 2007 due to poor performance.

Sullivan was given a $15 million "golden parachute" payment after being replaced as CEO in June.

Russian Oligarchs Destroyed In Market Mayhem!

The recent falls of US markets have attracted attention to the problems of a lack of regulation and proper disclosure. However, these problems are much more severe in many middle and lower income markets. One of the worst of these is Russia. On Monday, the Moscow stock exchange had the largest fall in its 17-year history, declining by 19.1% in a single day. The Moscow exchange has lost over half of its value in the last few weeks.

Some of Russia's wealthiest men have been wiped out in "margin calls", which result from taking out a loan to buy an asset which then drops in value, which has to be sold for a price too low to pay off the loan. Metals magnate Oleg Deripaska, best known for his large stake in Arctic nickel and platinum producer Norilsk Nickel and in Siberian aluminum producers, has been the first to be hit. Ukrainian steel tycoon Konstantin Zhavago is reported to have been hit as well.

Russia's government has announced a massive $180 billion "rescue package", which is larger in proportion to GDP than the one in the United States. However, this was announced before the market selloff on Monday. One wonders if the government, feeling a decline in support because it could be seen as bailing out oligarchs, will begin criminal investigations. Many of Russia's oligarchs could be in danger of suffering the fate of Mikhail Khodorkovsky, who in a high-profile 2004 case was sentenced to eight years in a Siberian prison for tax evasion.

http://www.ft.com/cms/s/0/39bf0736-91ae-11dd-b5cd-0000779fd18c.html

Crisis takes toll on oligarch Deripaska

By Catherine Belton and Charles Clover in Moscow

Published: October 4 2008 03:00 | Last updated: October 4 2008 03:00

Oleg Deripaska became the first Russian oligarch to be publicly hit by the global financial crisis yesterday after he was forced to divest his 20 per cent stake in Magna International, the Canadian car parts maker, to creditors.

Mr Deripaska had faced margin calls on the $1bn loan that helped fund the $1.4bn investment as the value of the stake in Magna he had offered as collateral plummeted, two people familiar with the situation said.

On paper, Mr Deripaska is Russia's richest man with an estimated fortune of $28bn. But concern is growing about the level of indebtedness in his empire which spans aluminium, cars and construction amid the liquidity squeeze and a stock market rout that wiped more than half of the value off Russian stocks since May.

Mr Deripaska himself has taken issue with the tag of richest man because it does not take into account the high level of debt in his empire, otherwise known as Basic Element. His UC Rusal aluminium business has said it owes a total $14bn.

Rusal is battling to pay off part of a $4.5bn loan it raised to purchase a 25 per cent stake in Norilsk Nickel, the world's biggest nickel miner, this April which was backed by shares in Norilsk, several people familiar with the situation said.

The value of the stake held as collateral has more than halved since the loan agreement was reached. Mr Deripaska has won a preliminary agreement to raise partial refinancing for the loan, three people close to the company said.

The news of Mr Deripaska's forced divestment contributed to another dramatic slide of more than 7 per cent yesterday on the RTS with trading suspended three times to halt a wave of selling. Magna shares lost 4.7 per cent yesterday.

Additional reporting by Bernard Simon and Haig Simonian