Wednesday, September 17, 2008

Commentary: How to prevent the next Wall Street crisis

NEW YORK (CNN) -- Many seem taken aback by the depth and severity of the current financial turmoil. I was among several economists who saw it coming and warned about the risks.

There is ample blame to be shared; but the purpose of parsing out blame is to figure out how to make a recurrence less likely.

President Bush famously said, a little while ago, that the problem is simple: Too many houses were built. Yes, but the answer is too simplistic: Why did that happen?

One can say the Fed failed twice, both as a regulator and in the conduct of monetary policy. Its flood of liquidity (money made available to borrow at low interest rates) and lax regulations led to a housing bubble. When the bubble broke, the excessively leveraged loans made on the basis of overvalued assets went sour.

For all the new-fangled financial instruments, this was just another one of those financial crises based on excess leverage, or borrowing, and a pyramid scheme.

The new "innovations" simply hid the extent of systemic leverage and made the risks less transparent; it is these innovations that have made this collapse so much more dramatic than earlier financial crises. But one needs to push further: Why did the Fed fail?

First, key regulators like Alan Greenspan didn't really believe in regulation; when the excesses of the financial system were noted, they called for self-regulation -- an oxymoron.

Second, the macro-economy was in bad shape with the collapse of the tech bubble. The tax cut of 2001 was not designed to stimulate the economy but to give a largesse to the wealthy -- the group that had been doing so well over the last quarter-century.

The coup d'grace was the Iraq War, which contributed to soaring oil prices. Money that used to be spent on American goods now got diverted abroad. The Fed took seriously its responsibility to keep the economy going.

It did this by replacing the tech bubble with a new bubble, a housing bubble. Household savings plummeted to zero, to the lowest level since the Great Depression. It managed to sustain the economy, but the way it did it was shortsighted: America was living on borrowed money and borrowed time.

Finally, at the center of blame must be the financial institutions themselves. They -- and even more their executives -- had incentives that were not well aligned with the needs of our economy and our society.

They were amply rewarded, presumably for managing risk and allocating capital, which was supposed to improve the efficiency of the economy so much that it justified their generous compensation. But they misallocated capital; they mismanaged risk -- they created risk.

They did what their incentive structures were designed to do: focusing on short-term profits and encouraging excessive risk-taking.

This is not the first crisis in our financial system, not the first time that those who believe in free and unregulated markets have come running to the government for bail-outs. There is a pattern here, one that suggests deep systemic problems -- and a variety of solutions:

1. We need first to correct incentives for executives, reducing the scope for conflicts of interest and improving shareholder information about dilution in share value as a result of stock options. We should mitigate the incentives for excessive risk-taking and the short-term focus that has so long prevailed, for instance, by requiring bonuses to be paid on the basis of, say, five-year returns, rather than annual returns.

2. Secondly, we need to create a financial product safety commission, to make sure that products bought and sold by banks, pension funds, etc. are safe for "human consumption." Consenting adults should be given great freedom to do whatever they want, but that does not mean they should gamble with other people's money. Some may worry that this may stifle innovation. But that may be a good thing considering the kind of innovation we had -- attempting to subvert accounting and regulations. What we need is more innovation addressing the needs of ordinary Americans, so they can stay in their homes when economic conditions change.

3. We need to create a financial systems stability commission to take an overview of the entire financial system, recognizing the interrelations among the various parts, and to prevent the excessive systemic leveraging that we have just experienced.

4. We need to impose other regulations to improve the safety and soundness of our financial system, such as "speed bumps" to limit borrowing. Historically, rapid expansion of lending has been responsible for a large fraction of crises and this crisis is no exception.

5. We need better consumer protection laws, including laws that prevent predatory lending.

6. We need better competition laws. The financial institutions have been able to prey on consumers through credit cards partly because of the absence of competition. But even more importantly, we should not be in situations where a firm is "too big to fail." If it is that big, it should be broken up.

These reforms will not guarantee that we will not have another crisis. The ingenuity of those in the financial markets is impressive. Eventually, they will figure out how to circumvent whatever regulations are imposed. But these reforms will make another crisis of this kind less likely, and, should it occur, make it less severe than it otherwise would be.

Washington Mutual pressured as economic storm intensifies

NEW YORK (AFP) — US officials are fiercely putting out a series of economic fires with all eyes now focused on the fate of Washington Mutual after AIG became the latest company to be thrown a lifeline.

According to the New York Post, US banking regulators are actively searching for a candidate to take over the Seattle, Washington-based bank amid fears it could be the next to be felled by the economic maelstrom.

The New York Times said Wednesday that the bank had hired Goldman Sachs to discuss a possible sale, with possible bidders including institutions such as Wells Fargo, JPMorgan Chase and HSBC.

Washington Mutual, the country's largest savings and loan, is now seen as one of the firms the most exposed to the current mortgage crisis sweeping the ailing housing sector.

Known as WaMu, it has seen its stocks savaged in a bloodbath on US markets in recent weeks, losing some 85 percent of their value this year. Shares plunged again Wednesday on the stock market losing some 13.36 percent to end the day at 2.01 dollars.

The west coast bank's total share value is now set at less than four billion dollars.

The Wall Street Journal said Wells Fargo and Citigroup had shown an initial interest. But if no buyer emerges, the government could be forced to place the bank into conservatorship, the New York Times said.

"The solution is an assisted transaction whereby Washington Mutual is sold to a second party and the FDIC covers all losses above a specified level," said Richard Bove, from Ladenburg Thalmann.

Bove was referring to the Federal Deposit Insurance Corporation (FDIC) which insures deposits in banks up to 100,000 dollars.

Even as the housing market was spiraling into a crisis, Washington Mutual continued to increase its reserves for bad debt, which hiked from 1.53 billion dollars in the fourth quarter of 2007 to 10.3 billion nine months later.

Having written off some 5.9 billion dollars in the second quarter due to the mortgage crisis, WaMu warned of a further depreciation of 4.5 billion dollars in the third quarter.

Anxious clients have already begun to show their concern.

The Financial Times reported Tuesday that deposits have dropped by five billion dollars since June -- a sign of panic which could see a rush on the bank as account holders line up to withdraw their money.

Bove said Washington Mutual has a huge customer base, with the average account holding some 5,200 dollars.

Like Lehman Brothers, which filed for bankruptcy on Monday, or American International Group (AIG), handed an 85-billion dollar bailout by the Fed, WaMu is caught in "a vicious circle," said Marc Pado from Cantor Fitzgerald.

The same causes are triggering the same results: a fall in share value reduces the value of the bank's assets and thus cuts the value of its collateral when it seeks fresh cash.

"The other side of the equation is, who has the liquidity to buy WaMu when everything is such in question?" said Pado.

On Monday, when all eyes were still on AIG as it struggled to stay afloat, ratings agency Standard & Poor's lowered its debt rating for the major West Coast bank to 'BB-' from 'BBB-.'

That came a week after Moody's downgraded its debt to non-investment or "junk" status.

To add to its woes, Washington Mutual chief executive Kerry Killinger was forced to step down last week after 18 years at the helm.

Given all these factors, it will be "difficult to find someone to step up to buy WaMu," warned Pado.

Palestinian economy increasingly dependent on foreign aid

by Deng Yushan  

JERUSALEM, Sept. 17 (Xinhua) -- The Palestinian economy is declining and becoming more dependent on foreign aid, as the Israel-imposed economic restrictions have increased, the World Bank said in a report released on Wednesday.

In the 65-page monitoring report prepared for a conference of donor countries in the United States later this month, the World Bank said the International Monetary Fund (IMF) notes a 0.5-percent drop in gross domestic product (GDP) of the Palestinian territories in 2007.

"With a growing population and a shrinking economy, real per capita GDP is now 30 percent below its height in 1999," the report said, adding that if the Palestinian economy had kept the average growing pace recorded from 1994 to 1999, 6 percent per year, the GDP per capita would have nearly been 85 percent higher than the current figure.

Meanwhile, the report said as the Palestinian economy declines, it is becoming increasingly aid-dependent. The World Bank said the Palestinian National Authority (PNA) has received 1.2 billion U.S. dollars so far this year to support its operating budget, yet a total of 1.85 billion dollars is needed for the whole year.

"Thus, external aid will be at least 32 percent of GDP" in 2008,said the report, which also cited the IMF as predicting that the GDP would grow moderately by 0.8 percent this year.

The fiscal crisis has persisted despite the fact that the PNA has carried out "profound" fiscal reform and has also taken efforts to enhance its public financial management, said the international body, adding that the PNA must continue on that path.

As of 2009, the PNA calls for 1.3 billion dollars in budget support, yet "it is questionable whether the current level of budget support can be reduced," said the report.

ISRAELI RESTRICTIONS INCREASED

The report said, reason for it being questionable is the growth-restraining restrictions imposed by Israel.

Although the Jewish state has announced a series of measures to support the Palestinian economy, and although it has removed some traffic barriers in the West Bank, indicators show that economic restrictions have increased, said the report.

"Beyond a few that yielded positive results in terms of movements of goods and people," the obstacles that have been removed were found "to be of minor or no significance," said the report, adding that a most recent survey found "a slight deterioration in access because of the increased number of barriers."

The report stressed that the economic restrictions "involve more than roadblocks and checkpoints... and extend to a system of physical, institutional and administrative restrictions that form an impermeable barrier against the realization of Palestinian economic potential."

"With due regard to Israel's security concerns, there is consensus on the paralytic effect of the current physical obstacles placed on the Palestinian economy," said the report. It explained that such restrictions prevent the Palestinians from gaining access to economies of scale, access to natural resources and access to an investment horizon.

Turning to the Gaza Strip, the report said that the closure policy Israel imposed a year ago continues to erode the industrial backbone of the Hamas-ruled enclave, and is resulting in the collapse of the municipal sector.

Although an Egypt-brokered truce has took effect since mid-June, little progress has been made so far toward improving the living conditions of the population in the poverty-stricken territory.

Other factors curbing the Palestinian economic growth include that Gaza has been essentially excluded from the economic revival efforts, and that the aid has been largely ad hoc, leaving the PNA with little ability to plan finances, said the report.

"The challenge moving forward with the removal of economic restrictions is to go beyond isolated gestures towards a profound revision in the fundamentals of the Palestinian economy," the World Bank said in its conclusion.


U.S. economic worries derailing McCain's 'Straight Talk Express' campaign

WASHINGTON — John McCain's once-buoyant campaign appears to have stalled now that Americans have big worries about the shaky U.S. economy.

On almost every front, it's been a bad few days for the Republican presidential nominee, whose heady boost in the polls after his surprise pick of Alaska Gov. Sarah Palin as his running mate appears to be levelling off.

McCain was believed to have enjoyed a five-point lead over Democratic rival Barack Obama just a few days ago. Now, some polls are suggesting Obama may be back in the lead. A Gallup survey released Wednesday has Obama at 47-45 over McCain.

McCain's image troubles grew worse Wednesday over remarks he made over a federal bailout for insurance giant American International Group.

The Federal Reserve pumped $85 billion into AIG just a day after McCain said he was opposed to such a costly helping hand.

"I didn't want to do that," a tense-looking McCain told ABC News on Wednesday, saying the government was forced into the bailout. "And I don't think anybody I know wanted to do that."

"But there are literally millions of people whose retirement, whose investment, whose insurance were at risk here. They were going to have their lives destroyed because of the greed and excess and corruption."

His campaign couldn't offer any examples of corruption at AIG.

Just a day earlier, McCain was adamant that no federal help should be forthcoming for AIG, noting that the Fed had refused to bail out Lehman Brothers, the 158-year-old financial institution that sought bankruptcy protection Monday.

"No, I do not believe that the American taxpayer should be on the hook for AIG, and I'm glad that Secretary (Henry) Paulson has apparently taken the same line," McCain had said in an interview with NBC.

"They're on their own. We cannot have the taxpayers bail out AIG or anybody else. This is something that we're going to have to work through."

McCain, who's been selling himself as a straight-talking maverick on the campaign trail, is on the hot seat on another economic front - his sudden insistence that the financial industry is in desperate need of regulation.

The Arizona senator's new stance comes after voting consistently for years against regulation, just like the vast majority of his Republican colleagues.

"McCain has developed a reputation over the years as someone who was very disinclined to want to regulate, and in that sense he was not a maverick at all but in fact a very mainstream Republican," Paul Beck, political science professor at Ohio State University, said Wednesday.

"And now he's caught in a situation were there was insufficient regulation and the economy is in trouble. It puts him in a very bad position because there's a real credibility problem here."

"For someone who's really tried to be a straight talker, he's scrambling and the positions he's taken in the past are coming back to haunt him."

McCain has been roundly attacked not just for his flip-flops on economic issues but for statements branded as misleading - on issues such as Obama's tax proposals, his aim to teach young children about avoiding sexual predators, and Palin's handling of public finances in Alaska.

Even Republican mastermind Karl Rove had a gentle rebuke for the McCain campaign, telling Fox News it "has gone one step too far, attributing to Obama things that are, you know, beyond the 100 per cent truth test."

He said the Obama campaign, however, was doing the same thing.

The McCain campaign seems to realize the economy is on everyone's mind.

In two new television ads released Wednesday, McCain asserted that he is the right leader to keep Americans' savings safe.

"I'll meet this financial crisis head on," he says in one ad. "Reform Wall Street. New rules for fairness and honesty. I won't tolerate a system that puts you and your family at risk. Your savings, your jobs - I'll keep them safe."

But Beck says that as long as the economy continues to falter, Obama has the upper hand. Beck predicts that public opinion polls will soon show another dramatic turnaround in a march to the White House that has become a horse race.

"The polls were most certainly be affected - it's already starting to happen," Beck said.

"We are through the Palin surge period and things are going to settle down a bit. She will still draw strong support from the Republican base, and she's been very successful on that front, but swing voters are beginning to have second thoughts about Palin."

"The bloom is off the rose, and McCain will have to deal with that reality now and the fallout from events that he cannot control - like economic bad news."

Pennsylvania Treasurer Comments on Current Economic Climate

HARRISBURG, Pa., Sept 17, 2008 /PRNewswire-USNewswire via COMTEX/ -- Pennsylvania Treasurer Robin L. Wiessmann today issued the following open letter to Pennsylvanians:
Fellow Pennsylvanians,
Since late last summer, our nation has experienced considerable economic volatility and market turbulence, which continues to plague our economy. In this challenging economic climate, the Pennsylvania Treasury Department has been working tirelessly to protect and safeguard the Commonwealth's assets.
The latest in a recent string of upheavals on Wall Street came this past weekend, when our nation's financial system was shaken to its core by the news of Lehman Brothers' bankruptcy and the sale of Merrill Lynch.
While these actions were alarming due to their substantial impact on the structure of America's overall financial system, I am pleased to report that Treasury's investment professionals were well prepared to weather this latest storm. Proactive steps were taken over the last six months to minimize exposure to Lehman Brothers holdings. At close of market on Friday, September 12, 2008, Lehman Brothers holdings accounted for 0.05% of Treasury's approximately $18.7 billion in investments under management. Treasury has no Merrill Lynch and no AIG holdings in its portfolio.
Since my first day in office, it has been my goal as Pennsylvania Treasurer to provide effective stewardship of the Commonwealth's funds and investments through calm economic times as well as the rough seas we have been experiencing since last summer. That is why I made financial asset management a cornerstone of my agenda as your Treasurer.
Earlier this summer, I instructed Treasury staff to conduct a comprehensive investment and cash flow study, which resulted in the reallocation of $3.4 billion of the Treasury investment portfolio to ensure the liquidity and safety of the Commonwealth's funds, in addition to enhanced returns. My actions were guided by Treasury's stringent liquidity requirements because Treasury, as distinguished from the pension funds, is primarily a cash operation - we must be able to pay the Commonwealth's bills, especially as the economy continues to tighten.
In addition to securing and fortifying the Commonwealth's assets, we've been reviewing our Department budget in anticipation of the continuous weakening of the economy. We remain mindful of our own operations and will adjust our budget as necessary in this difficult fiscal environment.
We will continue to take precautions against any potential threats in the marketplace by maintaining our thorough portfolio reviews and remaining vigilant against future market threats.
Having worked on Wall Street for many years, I know first-hand that there is no way to know for certain where the markets are headed, but I am confident that we are conducting the necessary investment research and market analysis to safeguard the assets of Pennsylvania stakeholders.
SOURCE Pennsylvania Treasury Department

Dow Chemical Company Chairman & CEO to Address the Detroit Economic Club on a (New) Industrial Policy for the U.S.

DETROIT, Sept 17, 2008 /PRNewswire via COMTEX/ -- The Detroit Economic Club (DEC) is pleased to host Andrew Liveris, Chief Executive Officer & CEO of The Dow Chemical Company on Monday, September 22, 2008. The speech will begin at 12:30 p.m. and will be held at Cobo Center in Detroit, MI.
Mr. Liveris will discuss why the United States must construct a comprehensive industrial policy to restore vigor and strength to the American economy. He will outline the necessity to balance the needs for energy, the environment and manufacturing as the foundation to keep the US competitive in a world that is increasingly global, sophisticated and interdependent.
The Detroit Economic Club will also honor William Clay Ford, Jr. for his leadership as Chairman of the DEC from July 2005 through August 2008. The DEC will also welcome G. Richard Wagoner, Jr. (in absentia) as it's newly elected Chairman.
The meeting will conclude with a major announcement from the Detroit Economic Club.
The Detroit Economic Club was formed in 1934 as a platform for the discussion and debate of important business, government and social issues. It is known internationally as a top speaking forum for prominent business and government leaders, who address members and their guests at the Club's 35 meetings a season. With more than 3,000 members, the DEC is about vital issues, prominent voices, a commitment to education and inspiring leadership. The DEC is proud to have hosted every sitting U.S. President since Richard Nixon and proud to be ranked among the top speaking platforms in the world. Admission: $40 for DEC members, $50 for guests of members and $75 for nonmembers. Register at www.econclub.org.
SOURCE Detroit Economic Club

Remember President Bush's strong economy? Now it's strong enough

It has been the mantra of the White House this summer: Yes, there is pain, but the fundamentals of the economy are strong.

Today, the mantra underwent an ever-so-slight rewrite.

In effect, the new message goes like this: The fundamentals are strong enough.

White House Press Secretary Dana Perino was asked whether it was still accurate to say "the economic fundamentals are strong."

It's a "very mixed picture right now, and no doubt we're going through some challenging times," she said -- noting that productivity was up, but so too was unemployment. But overall "we are in a position of strength to be able to deal with this crisis."

So, does that mean the economic fundamentals are still sound?

Presenting neither a "yes" nor a "no," she said: "We have the strength to be able to deal with this crisis in our economy."

Pressed, she said, "I answered the question."

Indeed. And the language has changed.

-- James Gerstenzang

Monday, September 15, 2008

Economic Activity Shifts Campaigns' Focus to Wall Street

Calling Monday's economic climate the most serious financial crisis since the Great Depression, Democratic presidential nominee Sen. Barack Obama attacked Sen. John McCain, R-Ariz., for supporting what Obama called a failing economic philosophy.

On Sunday, the federal government declined to bail out Wall Street investment bank Lehman Brothers, another financial institution choked by the credit crisis. The ailing firm filed for bankruptcy this morning. Another Wall Street giant, Merrill Lynch & Co, narrowly avoided suffering the same fate by offering itself to Bank of America for sale.

While addressing a crowd in his first solo rally since adding Alaska Gov. Sarah Palin to the ticket, McCain acknowledged problems caused by the nation's economic state, but claimed the economy's "fundamentals" were sound.

"There's been tremendous turmoil in our financial markets in Wall Street and it is, people are frightened by these events," he said.

"Our economy, I think, still, the fundamentals of our economy are strong, but these are very, very difficult times and I promise you we will never put America in this position again," McCain continued, in an attempt to reassure the crowd.

During a campaign event in Grand Junction, Colo., Monday afternoon, Obama said that the news about Merrill Lynch and Lehman Brothers "offers more evidence that too many folks in Washington and on Wall Street weren't minding the store."

Obama said news of the Wall Street failures reminded him of the savings and loan crisis of the 1990s, when several of those financial institutions failed and thousands of businesses and families were financially ruined in the process. Obama told voters that, if they are comfortable with the current state of the U.S. economy, they would appreciate the position of his political rival, McCain.

"I certainly don't fault Sen. John McCain for these problems," the Illinois senator said.

"But I do fault the economic philosophy he subscribes to, because it's the same philosophy we've had for the last eight years," he added.

Obama accused McCain of having a hands-off approach to the financial crisis and maintaining a philosophy that says, "Even common sense regulations are unnecessary and unwise; one that says we should just stick our heads in the sand and ignore economic problems until they spiral into crisis."

wall st
(ABC News)

Obama then seized upon remarks McCain made in Jacksonville, Fla., that same morning, to paint his opponent as out of touch. The Republican presidential nominee admitted the difficulty caused by the nation's economic state, but claimed the economy's "fundamentals" were sound.

"Sen. McCain -- what economy are you talking about?" Obama asked the audience.

"What's more fundamental than the ability to find a job that pays the bills and can raise a family?" Obama asked, his voice rising.

"What's more fundamental than knowing that your life savings is secure, and that you can retire with dignity? What's more fundamental than knowing that you'll have a roof over your head at the end of the day?"

Running Mates Weigh In

At a "Road to Victory" rally, Republican running mate Palin delivered her standard stump speech, but also acknowledged the recent news from Wall Street.

"This is an issue of real concern," Palin told the large crowd gathered in Golden, Colo.

But, she then pointed out, "I'm glad to see the Federal Reserve has said no to using taxpayer money for a bailout."

The self-professed "Hockey Mom" also discussed her family's small business experience, saying that she had, too, experienced the stresses of the current economy.

"My family has faced the same challenges that many of you have and many across America today," she said.

"We've all built small businesses and worked hard to earn a living. We know the struggles out there," she continued.

In Michigan, Obama's running mate Sen. Joe Biden, D-Del., took the opportunity to pounce on McCain, as well.

"Ladies and gentlemen, ladies and gentlemen, I could walk from here to Lansing, and I wouldn't run into a single person who thought our economy was doing well, unless I ran into John McCain," he said.

"John McCain just doesn't seem to understand what middle-class people are going through today," Biden asserted.

At a later rally in Orlando, McCain tried to amend his earlier statement, which Obama has been mocking for months.

"Those fundamentals are being threatened today because of greed and corruption that some indulged in on Wall Street," he said. McCain has been making similar arguments about the economy for months, earlier this summer telling radio host Laura Ingraham, "I still believe the fundamentals of our economy are strong. We've got terribly big challenges now, whether it be housing or employment or so many of the other -- health care. It's very, very tough times. It's very tough. But we're still the most innovative, the most productive, the greatest exporter, the greatest importer. Every new advancement, literally, in technology that has created this new economy throughout the world, has come from the United States economy. Do we have a lot of things to fix, do we have big challenges? Yes. But I also believe America's best days are ahead of us."

www.abcnews.go.com

Bank of America Chief Saw Merrill Purchase as a Rare Opportunity

Last Friday, Kenneth D. Lewis, chief executive of the Bank of America Corporation, was in his headquarters in Charlotte, N.C., pondering a possible acquisition of Lehman Brothers, the foundering investment bank.

By the next morning, Mr. Lewis already had a new target in his sights: Merrill Lynch. John A. Thain, Merrill’s chief executive, phoned Mr. Lewis about a deal and by Saturday afternoon the two men were encamped in a Bank of America apartment in the Time Warner Center overlooking Central Park.

Mr. Lewis, who walked away from a Lehman acquisition because the government would not safeguard buyers from possible losses, said in an interview that he and Mr. Thain had decided in just an hour to move forward with the $50 billion deal.

“We wanted to get the deal done by Monday,” Mr. Lewis said. “We were very focused about getting the deal done.”

On Monday, investors responded unenthusiastically to the hurried merger, which gives Bank of America a footprint in almost every facet of the banking business and vaults it into the upper tier of the nation’s financial institutions.

The bank’s shares dropped 21.3 percent on the news, although the market as a whole was also down sharply. Shares of Merrill, a sprawling brokerage and investment banking firm, were largely unchanged at $17.06, well below Bank of America’s offering price — initially valued at about $29 a share but now worth less than $23 a share because of Monday’s decline in Bank of America’s stock price.

Mr. Lewis had been eyeing Merrill for months, and while the transaction bears hallmarks of some of his previous deals — patience, daring and transformative — some analysts said that it shared similarities with the shotgun marriage Bank of America consummated with the Countrywide Financial Corporation this year.

It also smacks of the pell-mell merger that regulators helped arrange this year between another troubled company, Bear Stearns, and a large acquirer, JPMorgan Chase & Company.

“This deal is equally as important as the Bear Stearns deal,” said Nancy A. Bush, a banking analyst. “I certainly think the regulators are happy this deal got done.”

Mr. Lewis said regulators had not pushed him to acquire Merrill. He said the reason he had moved forward so quickly — and offered to pay a premium for a company with potentially toxic assets sagging under financial stress — was that he had not wanted to risk another buyer swooping in ahead of him.

Two other firms, Morgan Stanley and HSBC Holdings, were also in talks with Merrill, according to people briefed on the situation who requested anonymity because the negotiations were confidential. Morgan Stanley declined to comment. HSBC did not return calls seeking comment.

Still, bank advisers briefed on Federal Reserve talks last weekend said that there had been a real fear that Merrill would not survive unless someone rescued it.

In that regard, Mr. Lewis, ever the opportunist, saw an opening and seized it. The Merrill takeover allows him to complete his goal of transforming what was once a backwater North Carolina bank into a market leader.

It also tilts the center of American banking toward Charlotte, the home of both Bank of America and the Wachovia Corporation, its deeply troubled rival.

Overnight, the deal will make Bank of America the county’s largest player in wealth management. It already runs the biggest branch banking network and it is the biggest issuer of small business, home equity and credit card loans. The Countrywide deal made it the nation’s biggest mortgage lender, too.

“Bigger is better and biggest is best,” in Mr. Lewis’s worldview, Ms. Bush said.

Even so, the Merrill deal is laced with some contradictions. Only a year ago, Bank of America appeared to have given up on investment banking after suffering extensive losses in a business in which it had little experience.

Mr. Lewis had spent more than $625 million to expand into investment banking, only to see all of its trading businesses soaked in red ink. A few months ago he said at a conference that he would not spend “petty cash” for an investment bank.

Apparently, Mr. Lewis was willing to forgo those misgivings because he saw a Merrill takeover as a once-in-a-lifetime opportunity after years of a frustration trying to build an investment bank from scratch.

The deal would vastly expand Bank of America’s reach into equities and emerging markets. It strengthens its roster of top investment banking executives. And it gives the bank Merrill’s brand and its “Thundering Herd” of 16,000 brokers to help push its credit cards and loans.

“This was almost a perfect fit, and we thought it was close enough to the bottom that we could make the deal work and be very good for our shareholders,” Mr. Lewis said. “I don’t think it will come out of the doldrums in the next week or so, but as soon as the market gets its legs again, you will see a higher value.”

The stock market is more hesitant, concerned that Mr. Lewis may have moved so quickly that he could eventually find himself exposed to more troubled Merrill assets than he bargained for — in addition to the risky mortgage portfolio he inherited from Countrywide.

Mr. Lewis said he was confident that the deal was the right move, but conceded possible hurdles in the near term.

“Even people who acknowledge it is a good strategic decision think it is a rocky road ahead of us,” he said.

Mr. Lewis has more than decade of experience engineering big deals. Alongside his mentor and predecessor, Hugh McColl, he helped transform NationsBank, a small regional lender, into a consumer powerhouse with bicoastal branches before it snapped up Bank of America and took on its name.

In 2003, it bought FleetBoston Financial, greatly expanding his network of branches on the East Coast. He also has picked off MBNA, the credit card issuer, and U.S. Trust, the private bank, in the last few years.

Some analysts, however, think that Mr. Lewis may be taking on more than he can handle. Besides Merrill Lynch, Bank of America is still digesting the Countrywide merger and a smaller takeover of LaSalle Bank in Chicago.

Each institution is in a different type of business, financial position and geographic market, and will test Bank of America’s agility and Mr. Lewis’s managerial talents.

Mr. Lewis said that he was up to the task and that his mentor blessed the Merrill takeover. When he returned to Charlotte Monday afternoon, he said he discovered a laudatory note from Mr. McColl.

Thursday, September 11, 2008

Typhoons weaken central bank’s hopes on inflation

MANILA, Philippines—Inflation in September as measured by the increase in the consumer price index may reach 12.6-12.7 percent and exceed the 17-year-high 12.5 percent in August, the central bank said Thursday, citing adverse effects of recent typhoons.

“Without the typhoons, inflation could have peaked in August, but because of the typhoons, that will really send prices higher, particularly of food,” Deputy Governor Diwa Guinigundo of the central bank, Bangko Sentral ng Pilipinas (BSP), said at a news briefing.

Guinigundo said the inflation rate would not reach 13 percent.

“There are other areas like Mindanao that were not affected by the typhoon,” he said. “Rice [prices] continues to go down. NFA [National Food Authority] continues to receive shipments of imported rice, bombarding key distribution outlets with more rice.”

“So it may rise to 12.6 percent or 12.7 percent [in September] and then decline afterward,” he said. “It won’t reach 13 percent. It’s losing steam.”

Investment bank DBS expects Philippine inflation to peak at 13 percent in October because of the lingering effects of the spike in oil and food prices in previous months.

“As has been the case globally, food and fuel prices are the only two things that have really mattered in the run-up in inflation, and indications now are that these trends are at least stabilizing, if not reversing,” DBS said in its latest assessment of the Philippine economy.

Global food and oil prices are easing but these will be felt only in November, it said.

The BSP expects to get a better picture of inflation when its policymaking Monetary Board meets on Oct. 9, Guinigundo said.

He said the policymakers would continue to keep an eye out for global oil prices even if recent trends were favorable.

The Philippines has an oil inventory enough for 70 days on average, Guinigundo said. That would be until November.

Guinigundo added that the high season for money remittances from overseas Filipino workers would begin in November and give the country enough foreign exchange to buffer global oil price volatility.

Analysts expect the central bank to raise its benchmark interest rates further, by as much as half a percentage point this year to fight high inflation despite a sluggish first-semester economic growth.

RPT-WRAPUP 1-Indian inflation eases again, c.bank to stay firm

By Rajkumar Ray and Surojit Gupta

NEW DELHI, Sept 11 (Reuters) - Indian inflation eased for the third week running at the end of August and a top policy adviser said it may have peaked, but analysts said pressures remained and the central bank could still tighten policy again.

The wholesale price index , India's most widely watched price measure, rose 12.10 percent in the 12 months to Aug. 30, below the previous week's 12.34 percent rise but above a median forecast of 11.96 percent in a Reuters poll.

"This is the third observation which has given us a more comfortable number, but it's too premature to say that inflation has peaked," Rupa Rege Nitsure, chief economist at Bank of Baroda, said after the data on Thursday.

"In the (Oct-Dec) quarter the risks to the inflation scenario remain from foodgrain prices, prices of pulses, sugar, edible oil and cotton. Inflation will peak around 13.5 to 14 percent in the quarter and the central bank will continue with its tightening mode, especially the cash reserve ratio."

Other analysts said while the inflation rate would remain high, signs of easing price pressures meant the central bank did not need to raise interest rates further. The bank has used both liquidity measures and rates to manage demand.

In early August, the inflation rate was 12.63 percent, the highest reading since annual numbers in the current data series became available in April 1995.

Ahead of the data, the chairman of the prime minister's Economic Advisory Council, Suresh Tendulkar, told Reuters the inflation rate may have peaked and the central bank may pause in its rate tightenining.

"My gut feeling is that it has peaked," Tendulkar said in a telephone interview [ID:nDEL341970].

A Reuters poll before the data showed economists had scaled down expectations of further interest rate increases in 2008/09 as recent policy steps and falling oil prices are seen calming double-digit inflation. See [ID:nSP310570].

Slowing growth would also be a concern for the central bank, they said. The Reserve Bank of India lifted its main lending rate in both June and July to tame inflation, and it now stands at a seven-year high of nine percent.

Financial markets closed before the data was released. The 10-year benchmark bond yield ended at a three-month closing low of 8.28 percent on market talk inflation would be lower than expected.

The rupee fell 1 percent to 45.56/57 per dollar, close to the day's two-year low of 45.58, and the benchmark 30-share index fell 2.3 percent to 14,324.29.

New central bank governor Duvvuri Subbarao said on Tuesday inflation was showing signs of moderating but it was too early to conclude whether this was a trend, signalling he would wait and see before taking any fresh steps. [ID:nDEL306897]

The central bank aims to cut inflation to 7 percent by the end of the fiscal year in March.

The government has said the inflation rate would hit 13 percent this year, before moderating to 8.0-9.0 percent by the end of March. (Additional reporting by Saikat Chatterjee, Swati Bhat and India Treasury team) (Editing by John Mair)


EU govts to try talk their way out of a recession

NICE, France: Spend or save your way out of an economic downturn?

EU finance ministers will try to figure out ways to lift a European economy flirting with a recession that many officials won't even name when they meet for two days of talks starting Friday.

It's "a sharper-than-expected slowdown" to the European Commission and a "depressed episode" to European Central Bank President Jean-Claude Trichet.

But it's definitely a recession for Germany, Spain and Britain, according to EU forecasts this week, with their economies shrinking for two consecutive quarters. France and Italy may stagnate, hardly a relief for two countries that never sped up during the recent boom.

Yet Trichet, speaking at a conference on the eve of the meeting of EU finance ministers and central bankers in Nice, said central bankers' main preoccupation is keeping inflation in check.

"We all have to cope with an inflationary challenge of first magnitude," he said late Thursday.

"We all agree on one thing: we have to deliver price stability in the medium term and solidly anchor inflation expectations."

For European governments, slowing growth rather than inflation is their main preoccupation. It is forcing them to change spending plans as tax revenues sink and jobless lines lengthen. Instead of cutting their budget deficits as euro nations pledged last year, some will be piling on debt in the year ahead.

That reverses a major recent effort to bring the 15 euro economies in line and stabilize their shared currency by bringing yearly budget deficits under a limit that all of them met for the first time this year — ten years after the euro launched.

Many countries will claim they have few other choices open to them.

Euro nations have handed over the main lever over their economies — changing borrowing costs to cool or heat up growth — to an independent central bank that won't cut rates while inflation soars.

Some favor a costly economic stimulus package.

Spain this week announced a US$4.3 billion ($3 billion) credit line for the construction industry, which was once the driving force behind an economy that posted a decade of solid and sometimes robust growth.

France last year launched a program of tax cuts that hit growth — and will likely deepen its deficit.

Only Italy is demanding a wider EU effort, calling for an EU-funded bank to spend billions on infrastructure projects that would boost growth.

But for EU officials, the cause of current economic woes mostly lie outside Europe and the medicine they prescribe is the same dose they've tried to offer governments for years: pay off debt, open up to more competition, reform labor markets and social spending.

French Finance Minister Christine Lagarde, current chair of the EU finance minister meetings, urged her colleagues — and her own government — to take the medicine. Speaking before Trichet, she told an audience of finance professionals that Italy, Portugal, Greece and France needs a "continuation of the structural reforms" following the example of Germany, Austria and Sweden.

That might help tackle deeper problems but won't solve Europe's current challenges. The euro has been strong because the U.S. dollar has been weak — hurting European exports to its biggest trading partner, the United States.

Lagarde welcomed the recent fall back of the euro, saying she is "pleased today that the euro is slightly below $1.40."

At the same time, energy costs have sent inflation soaring, adding costs to companies and holding back consumer spending that has barely risen for the past year. Businesses and consumers are worried, with confidence slumping as they are pessimistic about the months ahead.

There is some relief in sight as the euro sinks and oil prices tumble but there's also plenty of gloom on the horizon. A world economic slowdown would hit one of the bright spots for the European economy: strong exports to emerging economies such as China, Brazil and Russia.

At the same time the global credit crisis that helped trigger Europe's slowdown is not easing as quickly as hoped.

Ministers will discuss how they can fireproof Europe's banking sector, ease credit conditions and step up supervision for banks that operate in several different countries.

Two governments, Britain and Denmark, have already stepped in to rescue troubled mortgage lenders and supervisors seek rules for how they will deal with a similar situation for a bank — just days after the U.S. government shored up mortgage giants Fannie Mae and Freddie Mac.

Vectra Bank Colorado Small Business index up slightly in August

The Vectra Bank Colorado Small Business Index for Colorado registered 87.6 in August, up from a revised 87.3 in July, according to data released Thursday.

“Colorado continues to outperform much of the rest of the nation in terms of job growth,” Jeff Thredgold, corporate economist for Vectra Bank Colorado, said in a statement. “The state’s latest 1.3 percent year-over-year growth rate would normally be nothing to write home about. But considering the U.S. economic struggles of the past year, Colorado’s employment performance is notable.”

Colorado’s unemployment rate was estimated at 5.2 percent in July, up from 5.1 percent in June and 3.8 percent a year ago, according to the state Department of Labor and Employment. Total employment has risen by 31,400 jobs during the past 12 months.

The unemployment rate is the most heavily weighted component of the index. A higher Colorado jobless rate is a positive contributor, as it suggests greater access to labor for small businesses.

The U.S. economy lost an estimated 84,000 net jobs in August, and the U.S. unemployment rate rose to a five-year high of 6.1 percent.

If the economy grows faster than expected, the Federal Reserve could raise a key short-term interest rate target by the end of the year. But if the economic outlook worsens or the credit markets freeze up again, as they did in late 2007, the Fed could cut rates again.

The Colorado Small Business Index assumes that most small businesses are net borrowers of operating funds. As a result, higher short-term interest rates would be a negative development for many small businesses, while lower financing costs would help.

The index measures business conditions from the viewpoint of the Colorado small business owner or manager. A higher number is associated with more favorable business “conditions” for Colorado’s small businesses. The index uses 100.0 for calendar year 1997 as its base year.

The U.S. Small Business Index rose slightly in August to 71.1 from the revised number of 70.1 in July.

India is as difficult as ever

The drop in India’s ranking by two places to 122 in the latest edition of World Bank’s Doing Business report after rising 12 notches last year does not mean India has become inhospitable for businesses over the past year. In the converse, other developing nations such as former CIS member Azerbaijan and a few African nations have reformed faster than the others.

While Azerbaijan was the top reformer between June 2007 and July 2008, India had only one reform to its credit — easier foreign trade. As the impact of Azerbaijan’s reforms programme illustrate, easing regulations yields results, sometimes very quickly. In Azerbaijan, registration of new businesses rose 40% in the first six months of creating a one-stop shop for start-ups.

The factors responsible for India’s low ranking — inefficient enforcement of contracts, outdated insolvency laws, delays in construction permits and under-developed online payment facilities — clearly cannot be fixed overnight. But a beginning must be made and it would help if bureaucracy shifted emphasis to quickening execution. And this applies for the government machinery, both at the Centre and in states. It is not enough for states to announce tax sops and other incentives to attract investors.

Once applications come, state governments must process them quickly and give all the appropriate clearances and permits quickly to enable the business to start operations. India’s contentious polity, with some regional leaders at odds with industrialisation, is also a cause for delays in projects, as seen in the case of Singur. L N Mittal has said his Orissa steel project could suffer cost escalation of up to 40% because of delay in clearances.

It must also be said the rankings on ease of doing business do not necessarily mean a country is qualitatively better placed to attract investments. Much of the decision to locate a business in a particular country or state would also depend on the country’s political environment and the overall macroeconomic conditions as well as the potential return on investment. For instance, better ranking for Pakistan (77) or Bangladesh (110) does not mean foreign investors would prefer those countries over India. Nonetheless, a report such as this gives a fair idea of how the investing community views the bureaucratic environment of a country.

Small businesses face retirement plan deadlines

By Joyce M. Rosenberg, AP Business Writer
NEW YORK — Small business owners who are thinking about setting up retirement plans for their employees should be aware that there are two important deadlines coming up in October that affect the plans known as SIMPLEs and SEPs.

Under the Internal Revenue Code, Oct. 1 is the date by which a business must set up a SIMPLE, or Savings Incentive Match Plan for Employees. And, for owners who received extensions of the filing deadline for their 2007 returns, Oct. 15 is the date by which they must set up a SEP, or Simplified Employee Pension, in order to take a deduction for 2007. It's also the date by which 2007 contributions to existing SIMPLEs and SEPs must be made, again, for owners who received extensions.

SIMPLEs and SEPs are among the most popular retirement plans for small businesses because they are easy to create and maintain. Unfortunately, in the current difficult economic climate, many small owners might decide to forgo a retirement plan. Tax professionals urge owners to try to cut something else in the budget first.

Gordon Spoor, a certified public accountant in St. Petersburg, Fla., said he's drafted returns for small business owners that include, for example, a $20,000 retirement plan contribution, and gotten the response, "things are tightened up in this economy; I don't want to do that."

Spoor then tries to get these owners to contribute $10,000. His concern is that if an owner puts off creating a plan, or doesn't make an annual contribution, the retirement plan will just keep going by the wayside, year after year.
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"You look back 10 years and you haven't been doing it for 10 years," he said, warning owners that they shouldn't fall into the trap of thinking, "I'll be able to make it up next year."

Spoor also doesn't believe that because Wall Street is so volatile now, that it's a bad time to be setting a stock retirement plan. Over the years, even money invested in a down market has grown, and in fact, many professionals believe a dip is a good time to be buying stocks.

"Don't let what's happening to the market be your excuse," Spoor said.

And retirement plans don't have to be based on stocks or other investments. An owner can set up a bank account and put cash in for employees; the returns might be smaller over time, but at least there's a plan in place. Moreover, a company can change to a different type of plan later on.

A retirement plan should be considered in the context of the entire business, not just how much money you can deduct on a tax return. Owners would do well to talk to a professional such as an accountant or tax attorney, and perhaps also a human resources consultant to be sure that they're choosing the right plan for their company — a retirement plan is an important recruiting and retention tool that can affect how well a business competes for top workers.

The SEP plan is extremely easy for a small business to create and maintain because it has the least amount of paperwork and reporting requirements of all the retirement plans; an owner can simply go to a bank or other financial institution and set up the account. A SEP allows a company to deduct up to $45,000 for the 2007 tax year and $46,000 for 2008 for contributions to an employee's account.

The SIMPLE provides for employers to match employee contributions in much the same way as a 401(k), and a SIMPLE can actually take the form of a 401(k) if an owner decides to do something more complex. The IRS places more restrictions on a SIMPLE than on a SEP; for example, a SIMPLE can only be created by a company with 100 employees or less.

While the deadline for setting up a SIMPLE is nearby, owners have until Dec. 31 to set up the even more complex plans known as qualified plans, which include profit-sharing and defined benefit plans. But they are more costly to maintain and many small business owners prefer to stay with the simpler plans.

Owners seeking more information about the various retirement plans available to them can find an IRS primer, Publication 560, Retirement Plans for Small Business, on the agency's website, http://www.irs.gov.

The IRS also has a free CD-ROM, Individual Retirement Arrangement Resource Guide for Small Business Owners and Individuals. Instructions for ordering it can be found at http://tinyurl.com/66n6db.

The Labor Department also has information online for small business owners at http://www.dol.gov/elaws/pwbaplan.htm. The site explains the types of plans available, and the responsibilities, such as annual paperwork requirements, that a company must fulfill for each.

New AT&T virtual help desk targets small businesses

AT&T Inc. has created a round-the-clock technology help desk targeting small businesses.

The Dallas-based communications giant says for an initial setup cost of $89 and a monthly fee starting at $19 per computer, AT&T Tech Support 360 will provide live, technical service for setup, configuration and troubleshooting for equipment ranging from laptops to routers and BlackBerrys.

AT&T (NYSE: T) tech support professionals will be available via a phone or online and will remotely connect to and access customers’ computers for diagnosis and troubleshooting.

“This innovative service provides customers with a virtual IT director to help them avoid the costs of bringing technicians in-house or wasting time trying to fix problems themselves,” says Roman Pacewicz, senior vice president, AT&T Regional Business Marketing.

The service plans will be sold both as one-time services and as yearly subscription plans.


Lawyers take millions while asbestos victims get $8.12. But don't rush to shoot all of them. Some are heroes

The late night comics roll their eyes talking about settlements of class action suits where the plaintiffs get pennies and the lawyers walk with millions. For many, this legal larceny engenders the use of horse whips or water boards on the distinguished members of the bar.

But up close, there is very little funny about this practice.

Nevertheless, it's happening again. This time, the subject of the litigation is invisible fibers of asbestos that contaminates hundreds of millions of tons of vermiculite insulation stuffed in the walls and ceilings and attics of homes throughout North America.

W.R.Grace, which mined and sold potentially lethal Zonolite insulation, has agreed to pay $6.5 million Canadian under a settlement proposed by lawyers named by the Canadian version of the U.S. bankruptcy court. Court documents show half of the money -- $3.25 million -- will be paid to the Canadian lawyers who put the deal together, including a lawyer in Delaware who gets $360,000 for filing the papers with the U.S. bankruptcy court.

What this means is that if 400,000 Canadian homeowners -- the would-be plaintiffs in this class action suit -- sign up for money to decontaminate their homes, they could each pocket $8.12. Typically, asbestos removals from a home can cost in the tens of thousands of dollars because many contractors view the removal of hazardous material as a pot of gold.

Picture
Tremolite asbestos fiber

Meanwhile, south of the border, our government estimates that 15 million to 35 million homes contain dangerous material from the now closed vermiculite mine in Libby, Mont.

The real tragedy is that very few homeowners on either side of the border have a clue that their homes may be contaminated. Even fewer know that a deadline of Oct. 31 has been set for homeowners to notify the bankruptcy court that their homes are contaminated.

EPA promised to get the warning out years ago.

In attempting to declare a "public health emergency" in Libby, the agency promised to "blanket" television shows and the nation's hardware and home improvement chains with warnings about Zonolite. When the White House blocked the emergency notification, our environmental protectors in EPA headquarters forgot about the warning.

So today, most homeowners have no clue of the risk they face when their kids play in the attic or mom hooks up an exhaust fan or the cable guy strings his wire.

In repeated tests, government scientists and Grace's own experts have shown that the slightest disruption of the fluffy, nickel-size pieces of black, tan and gold tinted Zonolite released millions of the asbestos fibers that have caused asbestosis, mesothelioma and lung cancer.

Picture
Raven Thundersky

If you question the toxicity of the asbestos that has decimated Libby, just check the town's cemetery or talk to Raven Thundersky in Winnipeg. Her parents and three sisters died from cancer and asbestosis from exposure to Zonolite in the family's government-built home on a remote First Nation reservation at Poplar River, Man.

In Washington state in 2000, Spokane lawyer Darrell Scott filed the nation's first Zonolite insulation suit on behalf more than 100,000 homeowners. But his efforts -- to get Grace to publish warnings of the danger -- and those of scores of other lawyers suing on behalf of thousands of people across the country sickened or killed from exposure to the Grace product were derailed when the 150-year-old company filed bankruptcy in April 2001.

This is an appropriate point to urge you not to set up the "Kill the lawyer" billboards.

While there obviously are greedy ones out there that embarrass their own profession, we would be worse off without the efforts of many lawyers. It's painfully apparent that government will not or cannot protect its citizens from corporate shenanigans. Lawyers – private practitioners, those with advocacy groups and even a bunch carrying federal ID cards - make them pay attention.

Think about it. Flavor manufacturers knew that the diacetyl in their butter flavoring was sickening their own workers and those in microwave popcorn plants. Most did nothing until they were dragged into court.

The same can be said for slipshod pharmaceutical producers, makers and users of benzene and scores of other chemicals and, of course, our friends in Columbia, Md., W.R. Grace.

The tens of thousands of pages of Grace documents, on which the P-I based its investigation and which the Justice department used to support the nation's largest environmental crime indictments, showed that Grace knew their miners and their families in Libby and their workers at hundreds of vermiculite processing plants were at risk. And kept it secret.

Nothing happened until a small law firm in Montana began suing the worldwide company on behalf of people who died because of its actions.

A federal grand jury issued criminal indictments against Grace and seven of its top bosses. It is hoped that the trial will finally begin in late winter.

While some of these lawyers are actual heroes, so are many of EPA's frontline troops – the emergency responders, investigators, toxicologists, physicians and scientists. They have busted their tails since the Seattle P-I first reported on the tragedy in Libby in 1999. Many stood up not only to Grace and the politicians in their pockets, but also to the political appointees in their own agency and the White House itself.

Some EPA regions are more involved than others. The regional offices in Denver and Seattle led the way. Chicago was right in the midst of it with its investigation of Grace's large Zonolite expansion plants in Minneapolis.

Even today, the Minneapolis Star Tribune reported that the EPA gang from Chicago is back in town testing for asbestos in the air and dust in 30 to 50 homes. Between 2000 and 2004 EPA had removed contaminated soil from the yards of 268 homes near the plant.

Terry Thiele, who lived around the corner from the plant during his childhood, told the paper that he and his siblings and mother all have asbestosis to some degree and that his father died from mesothelioma.

"My whole family has lung X-rays that look like patchwork quilts because of all the scarring" from the fibers, Thiele told Star reporter Tom Meersman.

In Spokane, Scott told me: "People still don't know. There are probably 120,00 to 140,000 homeowners in Washington alone with Zonolite in their homes and most don't know it."

He is concerned that the Oct, 31 deadline imposed by Grace will pass unknown to millions across the country. He has asked Grace bankruptcy Judge Judith Fitzgerald to consider his class action filed in 2000 and to allow him to file on behalf of tens of thousands of Washington homeowners who own or occupy property containing the Zonolite insulation.

Fitzgerald has yet to rule on his motion.

Here are some links with more information:

Here is the court's notice of the October deadline.

This is EPA's page on asbestos and here's more than anyone would want to know about vermiculite.

NEW For those of you who asked for a phone number of a human who might know something about the issue, for years, EPA's Public Information Center in Seattle at (206) 553-1200 has been fielding questions on Zonolite insulation and the same vermiculite in garden products and potting soil.

A New Hope; Thriving With Mesothelioma

The news of being diagnosed with mesothelioma can be devastating, especially given the insidious nature of the disease. On average, 70% to 80% of reported mesothelioma cases have been exposed to asbestos, whether at work or in their environment. Considering that many manufactures continued to use asbestos long after the known toxic effects, it is almost too surreal to consider that those struggling with this cancer are suffering because of someone else’s greed.

An Unsuspected Intruder

The mesothelium is the protective membrane that insulates the body’s delicate organs, providing lubrication so that the organs can move freely without friction। When a person is exposed to asbestos, they breathe in the fibers, which get lodged in the mesothelium. The most common sites of mesothelioma are the mesothelium surrounding the lungs (pleura) and abdominal cavity (peritoneum).

Mesothelioma is one of the many lung diseases caused by asbestos. When malignant cells develop in the mesothelium, the membrane abnormally divides and invades neighboring tissues and organs. These cancerous cells can also spread from the original site of origin to other parts of the body. The signs and symptoms that accompany mesothelioma may not appear for several decades after exposure.

Symptoms of pleural mesothelioma:

• shortness of breath

• cough

• chest pain

Symptoms of peritoneum mesothelioma:

• weight loss

• abdominal pain and swelling

• bowel obstruction

• anemia and fever

There is Hope

Treating mesothelioma is dependant upon the location of the cancer and the stage of the disease. Surgery, radiation therapy, and chemotherapy are traditional options. However, new treatments are continually being studied.

The National Cancer Institute sponsors clinical trials on a regular basis. Your participation in clinical trials offers you advanced access to new and improved treatment options that give you hope for a more positive outcome.

In addition, the government recognizes the horrendous injustice caused by the manufactures that weighed your life against their profit. Many law suits have developed as a result of mesothelioma. According to the RAND Corporation report, as of 2002, over 8,400 defendants and 730,000 claimants have filed suit with at least one defendant’s costs in excess of $800,000.
Matt Keily has focused his law practice on specializing in mesothelioma cases. He seeks to hold the manufacturers, distributors, and installers of asbestos related products responsible for the debt they owe the thousands of families now suffering with this life-threatening disease.

If you or a loved one have been diagnosed with mesothelioma and you live in the Baltimore or D.C. area, please contact the law office of Matt Kiely today.

T&N Rochdale, asbestos and cancer - There WAS a cover up

Following recent controversial claims by Cyril Smith about asbestos, health and Turner & Newall (T&N), Rochdale Online has been given first access to a series of documents that clearly suggests there WAS a cover up by the factory about the dangers of the mineral.

The damning documents form part of the vast archive of T&N company documents that many thought were long ago destroyed by the Rochdale asbestos factory. Some of the documents were rescued in the 1980s from waste skips by T&N managers disgusted at the thought of a corporate cover-up.

The past decade has seen a number of academic articles and publications about asbestos and T&N.

Local attention recently turned to a New Statesman investigation: Asbestos – The Lies that Killed.

The New Statesman publication has caused controversy because of claims and documents suggesting that former MP Cyril Smith played a role in promoting asbestos and T&N in Parliament.

Sir Cyril has strongly denied any corporate cover up. Speaking on BBC North West Tonight. Sir Cyril gave the following frank rebuke: “Absolute rubbish. How could I cover up the dangers of asbestos?”

It appears Sir Cyril remains confident about the safety of asbestos. With strong echoes of his reassurances made in the early 1980's, Sir Cyril remains adamant: “Well of course there is no danger of asbestos to the public at large. You were never in danger of it. I was never in danger of it."

At one point Sir Cyril interrupted the interviewer, Stuart Flinders, saying: “Well I'm not sure you are correct, actually I think you are over-stating the case. There were people that worked there but they knew the dangers with it. But nobody made them work there. They could have left."

Since the New Statesman article and subsequent broadcasts, Rochdale Online now has access to original T&N documents that demonstrate a knowledge of the health and cancer risks from asbestos and the corporate response to this deadly knowledge.

Rochdale Online has the opportunity for its readers to see the papers for themselves and make their own decisions in a series of reports on the Spodden Valley section of this website - the links to which are available below.

None of these documents suggest that Cyril Smith, as Rochdale's MP in the 1970s and 80s, knew of the cancer risk.

They do, however, give a damning insight into T&N's emerging knowledge, attitude and reaction to cancer and health throughout the 20th century.

This document list is in no way exhaustive, it is a merely a representative account of key asbestos issues that could still have profound relevance for Rochdale in 2008। As the SSV campaign and others state: "History should not repeat itself regarding asbestos and the Spodden Valley site."

Asbestos - Early knowledge of danger: 1898

The document that accompanies this article is an excerpt from the H.M. Factory Chief Inspector's 1898 report that makes specific mention of asbestos.

Concerns about asbestos and health had been well documented by the late 19th Century. However the 1898 report was significant as this is official, state, recognition of the health hazard.

Miss Dean H.M Factory Inspector reported: “...The evil effects of asbestos have also attracted my attention. A microscopic examination of the mineral dust which was made by H.M.Medical Inspector clearly revealed the sharp, glass-like jagged nature of the particles, and where they are allowed to rise and to remain suspended in the air of a room, in any quantity, the effects have been found to be injurious, as might have been expected...”

Readers should note the careful phrase “in any quantity” in the precautionary warning about asbestos dust from Queen Victoria's reign.

To view the other articles in this series and to download the documents, visit the links below:

http://www.rochdaleonline.co.uk/news-features/21/spodden-valley/13956/tandn-rochdale-asbestos-and-cancer-there-was-a-cover-up-part-2

http://www.rochdaleonline.co.uk/news-features/21/spodden-valley/13955/tandn-rochdale-asbestos-and-cancer-there-was-a-cover-up-part-3


http://www.rochdaleonline.co.uk/news-features/21/spodden-valley/13954/tandn-rochdale-asbestos-and-cancer-there-was-a-cover-up-part-4

http://www.rochdaleonline.co.uk/news-features/21/spodden-valley/13953/tandn-rochdale-asbestos-and-cancer-there-was-a-cover-up-part-5

http://www.rochdaleonline.co.uk/news-features/21/spodden-valley/13952/tandn-rochdale-asbestos-and-cancer-there-was-a-cover-up-part-6

http://www.rochdaleonline.co.uk/news-features/21/spodden-valley/13951/tandn-rochdale-asbestos-and-cancer-there-was-a-cover-up-part-7


Argus and TransUnion Launch Credit Dynamics 360(SM) Solution

WHITE PLAINS, N.Y., and CHICAGO, Sept 09, 2008 /PRNewswire via COMTEX/ -- Argus Information and Advisory Services and TransUnion today jointly launched Credit Dynamics 360(SM), the first solution that provides senior financial services executives with a comprehensive and customized view of the U.S. consumer credit landscape. With industry-trended data back through 1999 on 75 depersonalized key credit characteristics, the product allows financial services companies to compare and analyze performance going forward of their customers and their accounts as well as establish benchmarks against the industry overall and their competitors.
"As uncertainties continue in today's economic climate in the U.S. credit industry, the Credit Dynamics 360(SM) solution offered through Argus provides customized data that can help a financial institution better understand and adapt to changes in the economic market," said Steve Sassaman, executive vice president of TransUnion's Financial Services unit. "Financial services executives will be able to quickly pinpoint areas where their business is moving with or shifting against industry trends."
As part of the credit characteristic trend analysis, customers will receive detailed quarterly reports, executive summaries and bi-annual management presentations.
Some of the key areas of comparison Credit Dynamics 360(SM) offers include:
    --  Delinquencies
-- Geography
-- Account Originations
-- Credit Line Management
-- Outstanding Balance Trends
-- Market Share
"Partnering with TransUnion allows us to expand both the breadth and depth of data we are providing to our clients," said Len Laufer, chief executive officer of Argus Information and Advisory Services. "There is no other source of credit industry benchmark data that allows companies to better understand how they are performing relative to key compare points."
Credit Dynamics 360(SM) is initially focused on credit card products and the first of several solutions that will be offered through the newly formed partnership of TransUnion and Argus. Start-up activities associated with Credit Dynamics 360(SM) are minimal and more information is available by contacting Lisa Bonalle (lbonalle@argusinformation.com) at 914-307-3140.
About Argus Information and Advisory Services
Argus is an innovative provider of information, scoring solutions and advisory services to financial institutions. Argus information solutions aggregate and validate consumer transaction, behavior and pricing data and provide information to support strategic, risk management and marketing decisions. Argus scoring solutions integrate data across production systems and provide accurate and timely account level profitability information. Our consultants work collaboratively with our clients focusing on customer and profitability management through leading-edge analytics and execution. Argus was founded in 1997 and maintains offices in White Plains, New York and London.

About TransUnion
As a global leader in credit and information management, TransUnion creates advantages for millions of people around the world by gathering, analyzing and delivering information. For businesses, TransUnion helps improve efficiency, manage risk, reduce costs and increase revenue by delivering comprehensive data and advanced analytics and decisioning. For consumers, TransUnion provides the tools, resources and education to help manage their credit health and achieve their financial goals. Through these and other efforts, TransUnion is working to build stronger economies worldwide. Founded in 1968 and headquartered in Chicago, TransUnion employs more than 3,600 employees in more than 25 countries on five continents.

Graphics and/or photographs to accompany this release can be obtained by members of the media by contacting Cliff O'Neal (coneal@transunion.com) at 312-985-2540 or Dave Blumberg (dblumbe@transunion.com) at 312-985-3059.
SOURCE TransUnion