Obama Issues Ultimatum to Carmakers


By SHERYL GAY STOLBERG and BIL VLASIC

President Obama announced what amounts to a do-or-die ultimatum for the struggling automobile industry on Monday, laying out strict standards that the carmakers must meet to get more government aid and declaring that the industry must survive because it is “like no other, an emblem of the American spirit.”A failure of leadership “from Washington to Detroit” over the years has led the industry to the brink of collapse, the president said, and in more recent days both General Motors and Chrysler have failed to come up with plans adequate to justify the billions more in government help that they are requesting.

“And so today, I am announcing that my administration will offer G.M. and Chrysler a limited period of time to work with creditors, unions and other stakeholders to fundamentally restructure in a way that would justify an investment of additional tax dollars; a period during which they must produce plans that would give the American people confidence in their long-term prospects for success,” the president said at the White House.

Speaking a day after the White House pushed out the chairman of G.M., the president said Chrysler has been instructed to form a partnership with the Italian automaker Fiat within 30 days as conditions for receiving another much-needed round of government aid.

The president said he was designating Edward Montgomery, a former deputy labor secretary, to oversee the auto-recovery effort. His mission will be far-reaching, to cut through government red tape and identify initiatives to support those communities hit hard by the industry’s troubles.

Other salient features of the latest plan to pull Detroit out of its decades-long skid include a tax break, being started by the Internal Revenue Service at once, for auto purchases made between Feb. 16 and the end of 2009; incentives for people to turn in older, less fuel-efficient vehicles and buy more energy-efficient cars, and government-backed warrants to assure customers that they have nothing to fear by buying a car from G.M. or Chrysler.

While the president’s announcement embodies firm government control of the car industry, at least for the time being, he said, “These companies — and this industry — must ultimately stand on their own, not as wards of the state.”

Mr. Obama said his administration has been working closely with the Canadian government, which was to announce its own “specific commitments” later Monday. Both G.M. and Chrysler have extensive operations north of the border.

The concept of encouraging people to buy more fuel-efficient cars, which has been tried with considerable success in Europe, will require the cooperation of Congress. Mr. Obama said he would work with lawmakers to identify portions of the recently enacted multibillion-dollar stimulus package that could be trimmed to finance the purchase-incentive idea — and make it effective at once.

General Motors, in a statement released after the president’s comments, said that over the next 60 days, the company would try to “address the tough issues to improve the long-term viability of the company, including the restructuring of the financial obligations to the bond holders, unions and other stakeholders.”

“Our strong preference is to complete this restructuring out of court,” G.M. said. “However, G.M. will take whatever steps are necessary to successfully restructure the company, which could include a court-supervised process.”

The president tried to project optimism as he summoned images of Detroit’s mighty past, even as he spoke of decades of complacency and problems left for another day “even as foreign competitors outpaced us.”

“Well, we have reached the end of that road,” he said. “And we, as a nation, cannot afford to shirk responsibility any longer.”

The president did not mention Ford, the other company in Detroit’s Big Three. While it has had problems, Ford has not yet found it necessary to seek government assistance.

The president envisioned an auto industry much different, almost surely smaller, and more nimble. Yet in doing so, and voicing confidence that the industry can travel that road, he recalled an earlier Detroit that “built an arsenal of democracy that propelled America to victory in the Second World War, and that powered our economic prowess in the first American century.”

The decision to ask G.M.’s chairman and chief executive, Rick Wagoner, to resign caught Detroit and Washington by surprise, and it underscored the Obama administration’s determination to keep a tight rein on the companies it is bailing out — a level of government involvement in business perhaps not seen since the Great Depression.

“This is not meant as a condemnation of Mr. Wagoner, who has devoted his life to this company; rather, it’s a recognition that it will take a new vision and new direction to create the G.M. of the future,” the president said.

The report said the company would get no more help from the government unless it can finalize a proposed alliance with the Italian automaker Fiat by April 30. It must also reduce its debt and health-care obligations.

If a deal is reached between Chrysler and Fiat, the administration says it would consider another loan of $6 billion to Chrysler.

G.M., on the other hand, has made considerable progress in developing new energy-efficient cars and could survive if it can cut costs sharply, the task force reported. The administration is giving G.M. 60 days to present a cost-cutting plan and will provide taxpayer assistance to keep it afloat during that time.

Although some observers of the auto industry have attributed Detroit’s troubles in part to generous wages and health benefits for assembly line workers, the president made no mention of those factors. “The pain being felt in places that rely on our auto industry is not the fault of our workers, who labor tirelessly and desperately want to see their companies succeed,” he said. “And it is not the fault of all the families and communities that supported manufacturing plants throughout the generations.”

Rather, he said, there has been a failure of leadership.

Along with Mr. Wagoner’s ouster, the task force said most of the company’s board would be replaced over the next few months. In a statement Monday, Mr. Wagoner said he had been urged to “step aside” by administration officials, “and so I have.”

His resignation is the latest example of the government taking a hands-on role in making major decisions at companies it is bailing out. The government has already pushed banks to make management changes and sharply reduce or eliminate their dividends, and it also is directing many of the decisions at the troubled insurance giant American International Group, which is nearly 80 percent owned by the government after its rescue.

In deciding to urge Mr. Wagoner to step down, the Obama administration seemed mindful of the public’s growing outrage over bailouts of private companies, as well as the bonuses paid to employees of A.I.G.

Mr. Obama is well aware that he cannot afford to give the appearance of using tax dollars to reward executives who have done a poor job, and he began signaling as early as last week that he would take a tough stance with the automakers.

The plan Mr. Obama announced on Monday will also include government backing of warranties for G.M. and Chrysler cars and trucks, to give consumers enough confidence to buy them, even if one or both are forced into bankruptcy.

Mr. Wagoner has presided over a steep drop in G.M.’s domestic market share, which has led to tens of billions of dollars in losses. His critics have said that management’s failure to move aggressively to address the company’s problems contributed to its dire financial situation.

G.M. and Chrysler have almost exhausted the combined $17.4 billion in federal aid they have received since December. G.M. has asked for up to $16.6 billion more, and Chrysler has requested another $5 billion.

Bondholders are under pressure to convert two-thirds of the $27 billion owed them into G.M. stock, while the United Auto Workers union is being asked to substitute stock for 50 percent of their health care benefits for retirees. Both groups have resisted those changes.

Administration officials say they have enough money to offer the assistance they envision under plans already approved by Congress. Even so, Mr. Obama may face skepticism on Capitol Hill and from the public.

As part of the companies’ original agreement for the loans, both were required to submit restructuring plans. Mr. Wagoner’s removal underscores how much more G.M. needs to cut than was proposed in the plan the company submitted.

Administration officials stressed that the company needed a fresh approach and leadership changes; they said Steven Rattner, the former investment banker who co-chairs the auto task force, delivered the news to Mr. Wagoner.

Frederick A. Henderson, G.M.’s president, will succeed Mr. Wagoner on an interim basis as chief executive; Kent Kresa, a board member, will assume the chairmanship. Members of the auto panel spoke with Mr. Henderson recently and came away with a favorable impression of him, people familiar with the panel’s discussions said.

G.M. collapsed last fall when new-vehicle sales in the United States plummeted to their lowest level in 25 years. G.M. lost more than $30 billion in 2008, and has been subsisting on government loans since the beginning of the year.

source :The new york times

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London braces for G20 protests

By William L. Watts

The Associated Press said an estimated 35,000 persons marched to London's Hyde Park Saturday as part of the "Put People First" event organized by around 150 groups. The peaceful march was one of several demonstrations in European capitals over the weekend that organizers said was designed to demand G20 leaders focus on poverty, inequality and the threat posed by climate change.
And London will be the center of protests this week as anti-war, environmental, anti-globalization and other groups converge on the U.K. capital ahead of the G20 summit.
All police leave has been canceled. London's police forces have allocated 84,000 man hours to security for the G20 summit, according to the BBC.
The biggest events are expected on Wednesday, when thousands of demonstrators plan to block traffic and buildings in the City of London's, the capital's financial district, as part of an event dubbed "Financial Fools Day."
On Web postings, protest groups say they plan to lead processions from four Underground stations in the City, converging on the Bank of England at noon, local time.
Environmental protesters also plan a "Climate Camp" in the City on April 1. They plan to "swoop" in to create a camp in front of the European Climate Exchange at 12:30 p.m. London time to protest carbon trading.
"First the city traders speculated with our homes, jobs and money - with disastrous results," the Climate Camp group says on its Web site. "Now they are speculating with our climate and the very future of life on earth - and once again our governments are cheering them on."
An anti-war march and other protests are also slated for Wednesday, while various groups have also said they plan to march at the ExCel conference center in East London on Thursday during the G20 meeting.
A number of firms have urged staff to dress down during the week or to work from home, news reports said.
Meanwhile, City of London Police have urged banks and other businesses in the financial district to take a range of steps including canceling unnecessary meetings, canceling deliveries, keeping movement in and out of business premises to a minimum. Firms were also urged to "advise staff not to antagonize protestors and risk escalation in incidents," the police advisory said.

source :MarketWatch

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WORLD FOREX: Euro Falls To 1 1/2-Week Low Vs Dollar

By Riva Froymovich


The euro fell to a one-and-a-half-week low against the dollar Monday morning as U.S. stocks declined amid fresh turmoil in the auto and financial sectors.

Risk appetite in the currency markets is also down ahead of Thursday's Group of 20 summit and European Central Bank meeting, with traders waiting to see the results.

Leaks of the draft G20 communique indicate there won't be a fresh round of coordinated stimulus spending coming from the April 2 summit, a cause for concern for the euro, whose monetary authorities have been unwilling to match U.S. efforts, according to strategists.

However, the euro was boosted very slightly from its lowest intraday levels on comments by ECB chief Jean-Claude Trichet Monday.

He told the European Parliament that the euro-zone economy has weakened since January and that there is "a high degree of uncertainty" surrounding the economic outlook. But, he said there are no significant risks for deflation and that the central bank will do what is needed to cope with the financial crisis.

Trichet also added that the central bank will achieve its medium-term objective, to keep inflation below but near 2%.

Monday morning in New York, the euro was at $1.3162 from a low of $1.3114 and from $1.3298 late Friday. The dollar was at Y96.99 from an overnight low of Y95.96 and from Y97.91 late Friday, according to EBS. The euro was at Y127.66, off a two-week low of Y126.43 Monday, and from Y130.20 Friday. The U.K. pound was at $1.4202 from $1.4286, and the dollar was at CHF1.1522 from CHF1.1438.

The Obama administration auto task force, after more than a month of analysis, suggested that the best chance for success for General Motors and Chrysler "may well require utilizing the bankruptcy code in a quick and surgical way." Using the threat of withholding more bailout money, the administration forced out General Motors Corp. Chief Executive Rick Wagoner.

The euro is under additional pressure after a monthly survey by the European Commission showed business and consumer confidence in the 16 countries that use the euro weakened to a record low in March as new orders continued to dry up and concerns about job losses mounted.

source :The Wall street journal

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Seattle Post-Intelligencer newspaper goes Web-only

SEATTLE: The Seattle Post-Intelligencer, which has chronicled the news of the city since logs slid down its steep streets to the harbor and miners caroused in its bars before heading north to Alaska's gold fields, will print its final edition Tuesday.

Seattle becomes the second major city to lose a newspaper this year, following Denver, as many U.S. dailies face uncertain futures, battered by quickly declining ad revenue in the age of the Internet and a teetering economy.

Hearst Corp., which owns the 146-year-old P-I, said Monday that it failed to find a buyer for the newspaper, which it put up for a 60-day sale in January after years of losing money.

The P-I's roots date to 1863, when Seattle was still a frontier town. It will now shift to another frontier for newspapers: entirely to the Web.

"Tonight will be the final run, so let's do it right," publisher Roger Oglesby told the newsroom.

The last print edition began rolling off the presses at a suburban printing plant shortly after 10 p.m. Monday. The front page featured a headline saying, "You've meant the world to us," and a photo of the 30-foot neon globe atop the P-I's building, which has a slogan rotating around the equator saying, "It's in the P-I."

The paper was to be delivered wrapped with 20 to 24 pages of photos and stories on the P-I's history.

Hearst's move to end the print edition leaves the P-I's larger rival, The Seattle Times, as the only mainstream daily in the city. The Times plans to deliver a copy of the newspaper to every P-I subscriber on Wednesday morning, spokeswoman Jill Mackie said.

The Rocky Mountain News in Denver closed earlier this month after its owner, E.W. Scripps Co., couldn't find a buyer. In Arizona, Gannett Co.'s Tucson Citizen is set to close Saturday, leaving one newspaper in that city.

And last month Hearst said it would close or sell the San Francisco Chronicle if the newspaper couldn't slash expenses in coming weeks.

The U.S. newspaper industry has seen ad revenue fall in recent years as advertisers migrate to the Internet, particularly to sites offering free or low-cost alternatives for classified ads. Starting last summer, the recession intensified the decline in advertising revenue in all categories.

Four newspaper companies, including the owners of the Los Angeles Times, Chicago Tribune and The Philadelphia Inquirer, have sought bankruptcy protection in recent months.

Hearst's decision to abandon the Post-Intelligencer's newspaper format in favor of an Internet-only version is the first for a large American newspaper, raising questions about whether the company can make money in a medium where others have come up short.

While the P-I's Web site ensures it a continued presence in the Seattle news market, it will likely be a pared-down version of its former self — with a heavy reliance on blogs and links to other news outlets.

The P-I had 181 employees, but Managing Editor David McCumber said the Web site would employ about 20 in the newsroom operation and another 20 to sell ads. He said he would not be working on the new site.

Meanwhile, with backing from three entrepreneurs, staffers of the recently shuttered Rocky Mountain News plan to start an online news publication if they can get 50,000 paying subscribers by April 23 — what would have been the News' 150th anniversary.

The local venture, InDenverTimes.com, would go live on May 4 if backers meet their subscription goal.

source:Herald Tribune

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Oil Falls From Two-Month High on Speculation Stockpiles Gained

By Alexander Kwiatkowski and Christian Schmollinger

Oil fell from a two-month high in New York on speculation U.S. stockpiles gained last week because of lower demand in the world’s largest crude consumer.

Crude oil inventories climbed 1 million barrels in the week ended March 13 from 351.3 million barrels, according to estimates in a Bloomberg survey before an Energy Department report tomorrow. Oil also dropped as European stocks fell for the first time in six days.

“We have very high crude oil inventories in the U.S.” said Sintje Diek, an HSH Nordbank analyst in Hamburg. “We still have very weak oil demand. We will remain in this trading range of $45 to $50 a barrel for the coming weeks.”

Crude oil for April delivery fell as much as 82 cents, or 1.7 percent, to $46.53 a barrel in electronic trading on the New York Mercantile Exchange. It was at $47.10 a barrel at 9:22 a.m. London time.

Yesterday, April futures rose $1.10 to $47.35 a barrel, the highest settlement since Jan. 6. Prices have gained 5.1 percent this year. Crude in New York tumbled from a record $147.27 a barrel in July because of the economic contraction in major consuming countries.

European stocks fell after American Express Co. reported rising credit-card defaults. Europe’s Dow Jones Stoxx 600 Index dropped 2 percent to 171.22 at 8:47 a.m. in London, ending a five-day, 9.6 percent surge.

The Organization of Petroleum Exporting Countries deferred another production cut for at least 11 weeks at its weekend meeting. OPEC has reduced daily output targets by 4.2 million barrels since September to prevent a glut and slow the decline in prices. The group is scheduled to meet again on May 28.

Brent Crude

Brent crude oil for May settlement fell as much as $1.24, or 2.7 percent, to $45.22 a barrel, and was trading at $45.97 on London’s ICE Futures Europe exchange at 9:23 a.m. in London.

Saudi Arabia, the world’s biggest oil exporter, is the only member to cut more output than agreed last year, according to a monthly OPEC report released on March 13. Iran and Nigeria have made good on only about half of their promised reductions, the report showed.

Saudi Arabia is willing to keep oil output below its OPEC quota level of about 8 million barrels a day unless consumers want more, Saudi Arabian Oil Minister Ali al-Naimi said yesterday.

“Maybe we will see even lower prices because OPEC decided not to make further cuts,” said Diek of HSH Nordbank. “Maybe compliance is not enough.”

source: Bloomberg

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FOREX-Euro near 11-week high vs yen, risk appetite rises

The euro climbed back towards an 11-week high against the yen and a five-week high against the dollar on Tuesday as a rise in regional share prices pointed to some recovery in appetite for risk.

The yen and the dollar slipped against higher-yielding currencies, with global stock markets having shown signs of stabilising over the past couple of weeks and currency market volatility lessening.

"The dollar and the yen had been bought before on risk aversion but the pendulum is swinging the other way," said a trader for a major Japanese bank.

"There has been a strange sort of alleviation in strains, a sense that a huge economic depression may be averted, and this seems to be spurring buying of the euro and the Australian dollar," he said.

The euro rose 0.6 percent to 128.15 yen , nearing the previous day's peak of 128.74 yen, which was the highest since late December.

The single European currency rose 0.4 percent against the dollar to $1.3016 , inching up towards Monday's high of $1.3072, which was the highest since Feb. 10. The dollar rose 0.3 percent against the yen to 98.44 yen .

During the global financial crisis the dollar and the yen have often been bought when risk appetite fell and worries about the outlook for the global economy intensified.

When risk appetite improves, the dollar and yen tend to come under pressure.

The yen's safe-haven appeal has, however, lost some of its lustre due to a rapid deterioration in Japan's economy, with the trade balance falling into deficit, and political uncertainty with an unpopular government facing an election that must be held by October.

The benchmark Nikkei share average rose 3.3 percent .N225.

EURO TO RALLY FURTHER?

With its rally this week, the euro is showing tentative signs of breaking above a range of around $1.2500 to $1.3000 that has held for the past month and a half, said a trader for a Japanese trust bank.
But it is still too early to say with conviction whether the euro is ready to break out of this zone, he said.

"If the euro can clear the $1.3000 level at the end of the week, expectations for a further rally will probably grow," the trader said.

The Australian dollar rose 0.4 percent against the yen to 65.01 yen , nearing a two-month high of 65.36 yen hit on Monday.

Against the dollar, the Australian dollar rose 0.3 percent to $0.6609 , hovering near a one-month high of $0.6638 hit on Monday. Australia's central bank decided this month to keep interest rates unchanged at a record low 3.25 percent, surprising many in the markets who had bet on a cut.

The minutes of that meeting showed that the Reserve Bank of Australia considered cutting interest rates again at its policy meeting earlier this month but chose to pause so as to gauge the effect of past easing. [ID:nSYC000169]

The Bank of Japan is seen likely to keep interest rates unchanged at 0.10 percent at a two-day policy meeting that ends on Wednesday [ID:nT314125].

source:Reuters

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Madoff Employees Helped Dupe Investors, U.S. Prosecutors Say

By David Glovin, David Voreacos and Erik Larson


U.S. prosecutors shed new light yesterday on how they believe Bernard Madoff’s subordinates helped him operate a $64.8 billion Ponzi scheme, without saying whether those employees knew they were defrauding investors.

Madoff, 70, will plead guilty tomorrow to fraud, money laundering and perjury charges, his lawyer said yesterday. Madoff told 4,800 investors in November that their accounts held $64.8 billion, though their holdings were a “small fraction” of that, prosecutors alleged in 11 charges filed in Manhattan federal court.

The money manager told his employees to create false account documents and trade confirmations reflecting phony returns so as to transfer funds while giving the appearance of legitimate trades, and to generate false financial statements for regulators, prosecutors said. Those actions gave the appearance of a “legitimate investment advisory business,” according to the government, which said the investigation of the largest Ponzi scheme in U.S. history is continuing. No employees have been charged with any wrongdoing.

“The issue will be whether the government can establish that they knew what in the paper was in fact phony,” Christopher Steskal, a former federal prosecutor, said in a telephone interview. “If the facts show it, they will likely pursue those people. It seems improbable that he would do it alone.”

Madoff was arrested Dec. 11 and charged with one count of securities fraud for using billions of dollars from new investors to pay off old ones. Investors in Madoff’s New York-based firm, Bernard L. Madoff Investment Securities LLC, included celebrities, charities and money managers from around the world.

150-Year Sentence

Madoff is charged with securities fraud, mail fraud, wire fraud, investment adviser fraud, three counts of money laundering, false statements, perjury, false filings with the U.S. Securities and Exchange Commission and theft from an employee benefit plan. Madoff, who is free on $10 million bond, faces a prison sentence of as long as 150 years, prosecutors said.

In court yesterday, defense attorney Ira Sorkin disclosed Madoff’s plan to plead guilty. U.S. District Judge Denny Chin held a hearing to ask Madoff if he would waive Sorkin’s possible conflicts of interest. Madoff, wearing a gray suit and wire- framed glasses, gave brief answers to more than 50 questions from Chin about the alleged conflicts. Madoff didn’t discuss a guilty plea.

No Plea Bargain

Assistant U.S. Attorney Marc Litt said Madoff doesn’t have a plea bargain. Through such deals, defendants often receive some benefit for pleading guilty, such as a reduced sentence, in return for providing details about a crime. The lack of a plea deal may suggest Madoff isn’t helping prosecutors determine who may have helped him in the alleged fraud. Litt said Madoff will be required to plead guilty to all 11 counts.

The absence of a plea bargain is “unusual,” said Richard Strassberg, a lawyer with Goodwin Procter LLP in New York. He said the government probably didn’t offer a deal.

“If that’s what happened, the government viewed the scope of the conduct to be so egregious that a plea deal wasn’t warranted,” Strassberg said in an interview.

By not entering a plea deal, Madoff may be trying to protect employees of his firm, Steskal said.

Madoff’s brother Peter was chief compliance officer at the company, and his sons Mark and Andrew held senior positions in the market-making and proprietary trading businesses. None of Madoff’s family members have been accused of any wrongdoing.

Her Own Lawyer

Bernard Madoff’s wife, Ruth, who had been represented by Sorkin, will hire her own lawyer, Sorkin said yesterday.

An attorney for Peter Madoff, John “Rusty” Wing, didn’t return a call seeking comment. Martin Flumenbaum, an attorney for the sons, has said they “were not involved in the firm’s asset management business” and “had no knowledge whatsoever of the fraud.”

Madoff, who promised annual returns of up to 46 percent, “created a broad infrastructure” to give the appearance of “a legitimate investment advisory business,” according to new charges filed against him yesterday. His back-office staff had little or no experience and at Madoff’s direction misled clients about investments, prosecutors alleged in court papers.

“Certainly lower level employees are unlikely to be involved, but people with auditing function or authority to access accounts or make trades are more likely to have knowledge of the alleged fraud,” Steskal said.

Prosecutors and regulators have been probing whether the chief financial officer at the advisory firm, Frank DiPascali Jr., knew of the fraud, according to people familiar with the case. DiPascali has denied wrongdoing. His lawyer, Marc Mukasey, didn’t return a call seeking comment.

Madoff’s Auditor

Andrew Lankler, a lawyer for Madoff’s auditor, David Friehling, declined to comment. A call to Madoff’s longtime aide, Annette Bongiorno, wasn’t immediately returned. They aren’t accused of wrongdoing.

Madoff was able to defraud his investors by claiming he used a “split-strike conversion strategy” in which he promised to invest in stocks that mimicked the price movement of the Standard & Poor’s 100 Index, while “opportunistically” timing purchases, Acting Manhattan U.S. Attorney Lev Dassin alleged in a statement.

The new allegations include a claim that Madoff “repeatedly lied” to the SEC in written submissions and sworn testimony during questioning in 2006. Prosecutors also said Madoff used $250 million from his advisory business to finance market-making and proprietary trading operations. Madoff stole $10 million from 35 labor union pension funds, prosecutors alleged.

$170 Billion

In a separate court filing, the government said they will seek to force Madoff to forfeit more than $170 billion, representing “proceeds traceable” to the alleged scheme. The figure represents funds that flowed through Madoff’s firm during its operation, prosecutors said.

Sorkin said in a letter to Chin that the monies prosecutors seek are “grossly overstated -- and misleading -- even for a case of this magnitude.”

“The issues related to forfeiture, restitution and sentencing in this matter are highly complex and will require extensive time to resolve,” Sorkin wrote.

At yesterday’s hearing, Chin asked Madoff whether he understood that his lawyer might have a conflict of interest because Sorkin’s sons held an account that was invested with Madoff.

“I understand that potentially, in the issue of restitution, his interest might be divided and he might not defend me in a way that’s most beneficial to me,” Madoff said as he waived his lawyer’s conflict of interest.

The criminal case is U.S. v. Madoff, 08-cr-00213, U.S. District Court for the Southern District of New York (Manhattan).

source :Bloomberg

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Citi Lights Up Wall Street; Best Day of '09

by:Matt Egan

The Dow surged nearly 400 points Tuesday -- its best day in an otherwise dismal 2009 -- as Wall Street cheered after embattled Citigroup said it was profitable during the first two months of the year.

Today’s Markets

The Dow Jones Industrial Average jumped 379.44 points, or 5.80%, to 6926.49, the S&P 500 rose 43.07 points, or 6.37%, to 719.60 and the Nasdaq Composite picked up 89.64 points, or 7.07%, to 1358.28. The consumer-friendly FOX 50 added 31.86 points, or 6.24%, to 542.69.

The markets were in the green for the entire trading day in a broad-based rally that ended at session highs. The gains were even stronger for the Nasdaq Composite, which enjoyed its biggest one-day percentage gain since October 2008.

“We were looking for a little bit of good news and we got it from Citigroup,” said Paul Nolte, director of investments at Hinsdale Associates. “As much as we get excited about [this rally], the key will be whether we can rally for more than one day.

Aside from positive comments from Citigroup (C) CEO Vikram Pandit, the markets were lifted Tuesday by a huge rally in big-name tech stocks like Google (GOOG), comments about a possible reinstatement of the "uptick" rule and Dow Chemical’s (DOW) agreement to buy rival Rohm & Haas (ROH).

“The market was ready for something. It’s been dramatically oversold,” NYSE trader Ted Weisberg told FOX Business. “Until something fundamentally changes, we are still going to be in difficult territory. But we’ll take what we can get.”

Tuesday's rally represents the Dow's biggest one-day rally since Nov. 24 when it jumped 396 points. The benchmark index, which hasn't seen two straight days of gains since Feb. 6 and was trading at its lowest levels since April 1997, is still off by 21% year-to-date.

“We seem to be shocked by an up day, which I guess is natural when you are down 50% from the peak. The fact that it doesn’t take much to bounce an oversold market is pretty well displayed today,” said Art Hogan, chief market strategist at Jefferies & Co.

All 30 components of the Dow closed in the green, led by double-digit gains for financial companies JPMorgan Chase (JPM), Citi, Bank of America (BAC) and General Electric (GE). JPMorgan alone accounted for 28 points of the gain on the index. Defensive stocks like McDonald's (MCD) and Coca-Cola (KO) saw more modest gains but still closed in positive territory.

The Nasdaq Composite jumped even further than the broader market Tuesday as big-name tech stocks like Cisco (CSCO) and Apple (AAPL) recovered from Monday’s slide. Tech stocks were helped by chip maker Texas Instruments, which raised its quarterly outlook slightly even as it said no recovery in the chip market is in sight.

Citi-Sized Rally

Financial stocks and market sentiment received a big shot in the arm Tuesday from Pandit, who wrote a memo to Citi employees saying the embattled bank is having its best quarter-to-date performance since the start of the credit crisis in the third quarter of 2007. The comments were unexpected as Citi has received three rescues from the government and its shares plunged below $1 last week for the first time ever. Also, the bank lost $8.29 billion last quarter, its fifth straight quarterly loss. Citi's stocks surged almost 40% Tuesday.

The financial sector surged almost 15% in response on Tuesday and some individual banks like State Street (STT) and PNC Financial (PNC) jumped even further.

The Pandit memo showed Wall Street that “these guys aren’t at the edge of a cliff,” said Marc Pado, U.S. market strategist at Cantor Fitzgerald. “I never thought they were because they have an unlimited checkbook” through the backing the bank has received from the Federal Reserve, he said.

The Citi news comes as The Wall Street Journal reported U.S. officials are considering further steps to stabilize the bank if its problems mount. Officials described the talks, which are wide-ranging and preliminary, as “contingency planning” and said no new rescue was imminent, the paper reported.

The markets were also boosted by U.S. Rep. Barney Frank, who told reporters he expects the "uptick" rule to be restored in about a month. The rule would be aimed at slowing the pace of short selling. Frank also said the mark-to-market accounting rule, which has forced billions of writedowns for banks, must be improved and made more flexible.

Meanwhile, Federal Reserve Chairman Ben Bernanke made the case for an overhaul of financial regulations in a speech on Tuesday and said officials are ready “to ensure that systemically important financial institutions continue to be able to meet their commitments.”

In the commodity markets, crude oil's hot streak was torpedoed by a late-day slide. The price of a barrel of crude closed at $45.71, down $1.36 on the day. Gold ended in the red for the 10th time out of the last 12 days, settling at $859.90 per ounce, down $22.10.

Corporate Movers

Dow Chemical (DOW) relented by agreeing to acquire rival Rohm & Haas (ROH) for the original $78-a-share price plus penalties, settling a legal battle that nearly went to trial. However, the new deal aims to bolster Dow’s financial security by including up to $3 billion in new investments from two top Rohm & Haas shareholders.

United Technologies (UTX) unveiled plans to slash 11,600 jobs this year. The world's largest elevator and air condition maker also cut its 2009 earnings and revenue guidance, saying the “economic recovery previously anticipated in the second half of 2009 appears unlikely.”

Tiffany (TIF) is planning to shut its underperforming Iridesse pearl jewelry retail chain that was opened in 2004 due to the recession, the Journal reported, citing an internal memo.

Genentech (DNA) is close to selling itself to majority owner Roche (RHHBY) in a deal that would value the biotech giant at $46.7 billion, or $95 per share, the Journal reported. The two sides nearly announced the deal Monday and have been haggling over timing and closing conditions, the paper reported.

Bank of America (BAC) CEO Ken Lewis is mounting a full-court press to argue his struggling bank is not in the same condition as Citigroup (C), the Journal reported. Instead, in internal memos Lewis has argued BofA will not need more money and plans to “earn” its way out of the recession, the newspaper reported.

Office Depot (ODP) surged by more than 50% after the office supplies retailer said it believes its first-quarter results will be "significantly better" than the fourth quarter.

Merrill Lynch, which is now a unit of Bank of America (BAC), made a huge bet in Brazil last year by luring 10 investment bankers from rival banks, the Journal reported. However, the company’s investment bankers in Latin America brought in only $50 million through late December, while piling up more than $100 million in mostly compensation-related expenses.

Boeing (BA) reaffirmed it expects the first delivery of its widely-anticipated 787 Dreamliner in the first quarter of 2010.

Global Markets

European markets closed sharply higher across the board but Asian stocks ended mixed overnight.

The Dow Jones Euro Stoxx 50, which tracks the 50 largest companies in Europe, soared 6.05% to 1919.53, London's FTSE 100 rose 4.88% 3715.23 and Germany's DAX gained 5.28% to 3886.98.

In Asia, Japan's Nikkei 225 fell 0.44% to 7054.98 while Hong Kong's Hang Seng gained 3.08% to 11694.05. Australia's ASX 200 rose 0.95% to 3184.50.

source : fox Business

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Kuwait official says OPEC likely to cut output: report

OPEC is likely to cut oil supply to support prices at its meeting on Sunday, a member of Kuwait's Supreme Petroleum Council said in remarks published on Wednesday.

"A (supply) reduction decision by OPEC is likely to be taken unanimously due to what's happening to the prices," Imad al-Atiqi told al-Seyassah newspaper.

The Organization of the Petroleum Exporting Countries (OPEC) should act to strengthen and stabilize prices, said Atiqi, adding a fresh supply cut would revive the oil market.

OPEC has agreed cuts of 4.2 million bpd since September to prop up prices.

U.S. crude has slumped over $100 to trade under $46 a barrel from a peak near $150 in July, putting a big dent in oil exporter income.

OPEC-member Kuwait, the world's seventh-largest oil exporter, relies on oil for 97 percent of state revenue.

Another member of the council, Kuwait's top energy decision making body, said on Monday that the oil price would rise above $50 if OPEC cut by a million barrels per day on Sunday.

(Reporting by Rania El Gamal; editing by Simon Webb)

source :Reuters

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UBS Has SF20.9 Billion 2008 Loss, ‘Extremely Cautious’ Outlook

By Elena Logutenkova

UBS AG, Switzerland’s biggest bank, posted a 20.9 billion Swiss franc ($18 billion) loss for 2008, more than initially reported, and said it remains “extremely cautious” about the outlook for this year.

The full-year net loss widened by 1.19 billion francs from the figure reported on Feb. 10 because of costs to settle a U.S. tax investigation and additional writedowns on securities, the Zurich-based bank said in its annual report, published today. UBS fell as much as 3.9 percent in Swiss trading.

UBS agreed on Feb. 18 to pay $780 million and disclose the names of about 300 secret account holders to avoid U.S. criminal prosecution on a charge that it helped wealthy Americans evade taxes. The bank also marked down securities that haven’t yet been transferred to the Swiss National Bank’s fund as part of a government aid package following record losses.

“Our near-term outlook remains extremely cautious,” Chairman Peter Kurer and Chief Executive Officer Oswald Gruebel said in a letter to shareholders.

UBS hired Gruebel, the former head of rival Credit Suisse Group AG, last month to replace Marcel Rohner as CEO to restore investor confidence. Last week, the bank nominated Kaspar Villiger, a former Swiss finance minister, as a new chairman of its board of directors, replacing Kurer.

UBS fell 18 centimes, or 1.8 percent, to 9.61 francs by 9:37 a.m. in Zurich. The shares are down 35 percent so far this year, compared with a 33 percent decline in the 65-company Bloomberg Europe Banks and Financial Services Index.

Cutting Risks, Costs

The 2008 loss is the biggest in Switzerland’s history. UBS amassed more than $50 billion in writedowns and losses since the beginning of the financial crisis, forcing it to raise more than $32 billion in capital from investors, including the Swiss government, and cut 11,000 jobs.

Financial institutions worldwide have reported $1.2 trillion of losses and shed more than 284,000 jobs since the U.S. subprime mortgage market collapsed, data compiled by Bloomberg show. The U.S., Britain, France and Germany are among nations that injected billions into banks to prevent a wider financial calamity following the September collapse of Lehman Brothers Holdings Inc.

UBS plans to further cut risks, reduce assets on the balance sheet and lower costs this year to return the bank “as soon as possible to a sustainable level of overall profitability,” Kurer and Gruebel’s letter said. While reporting earnings on Feb. 10, Rohner said the bank would have a profit in 2009.

Rohner, who was the highest-paid member of the executive board last year, received total compensation of 1.8 million francs. Kurer’s compensation was 1.57 million francs, UBS said.

Client Investments

UBS is fighting a U.S. lawsuit that seeks to force the disclosure of as many as 52,000 names of American customers who allegedly hid their Swiss accounts from tax authorities.

The bank said today that net new money at its wealth management Americas unit “remains positive.” Those gains have been partially offset by withdrawals at the wealth management and Swiss bank division. The asset management unit is also experiencing further client redemptions, UBS said.

Clients of UBS’s money-managing units pulled 226 billion francs from the bank in 2008. In the fourth quarter, the only area where UBS saw an inflow of new money was in the U.S., where the bank hired almost 400 brokers. The bank lured advisers from rivals by offering signing bonuses of as much as 260 percent of the revenue they brought in over the previous 12 months, two people with knowledge of the matter said last month.

source ;Bloomberg

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China’s 2009 Rebound Is Pure Fantasy: William Pesek

Commentary by William Pesek

The idea that China can grow strongly as the world unravels is a fantasy. Ditto for the view that China is going to save the global economy.

China is already slowing, of course. The third-biggest economy grew 6.8 percent in the last quarter of 2008. Such growth sounds like heaven just about everywhere else. Yet for an economy at China’s level of development, one that zoomed along at a 13 percent pace in 2007, it’s hell.

Premier Wen Jiabao was wrong to err on the side of caution yesterday when he delivered the Chinese equivalent of the U.S. State of the Union address. He said the country’s 8 percent growth target is within reach, indicating an additional stimulus package isn’t needed. It’s a bad call, and Wen is likely to regret it as 2009 unfolds.

Markets are sensing as much. On Wednesday, stocks around the globe soared on hopes that at least one major economy would skirt disaster. Markets came back to Earth yesterday after China quelled stimulus speculation. As the global meltdown deepens, it probably means the export demand that drives China won’t return until well into 2010.

Here are five reasons a Chinese rebound in 2009 may not pan out:

1. World growth is collapsing. This isn’t hyperbole, but a sobering fact. The International Monetary Fund can’t downgrade its global growth estimates fast enough as the credit crisis overwhelms economies as diverse as Ireland, Japan, the United Arab Emirates and the U.S.

Asian governments are increasing spending to soften the blow from falling asset prices, consumer spending and manufacturing. The European Central Bank is struggling to keep up with the region’s plunging economy.

The trillions of dollars of wealth being lost as markets plummet are depleting public coffers and damaging consumer psychology. It’s not a good environment for any government hoping for a revival in global demand.

2. China’s key customer is in hiding, indefinitely. Just when you thought conditions in the $14 trillion U.S. economy couldn’t get any worse, they “deteriorated further” in almost all corners of the country over the last two months, the Federal Reserve said in its regional business survey.

Wang Hanmin, a sales manager at Yixing Bochangyuan Garments Co. in Jiangsu province, spoke for many this week when he said exporters are facing a “life and death” crisis. Exporters are so worried that they are calling on the government to weaken the yuan after the biggest slump in overseas sales in more than a decade.

One thing is for sure: The U.S. consumer isn’t about to help China out of this dilemma.

3. A lack of tools. It’s important to remember that the 4 trillion yuan ($585 billion) spending plan unveiled in November was more spin than reality. Much of it wasn’t new, but a tally of existing spending efforts. They were never going to boost a $3.3 trillion economy anyway.

China’s almost $2 trillion of currency reserves would seem to give the nation considerable policy latitude. Yet China’s vast economy lacks the financial infrastructure to get the bang it needs from its stimulus in yuan. Would building more roads, bridges and dams do the trick?

“Eight percent GDP doesn’t really tell you anything about job creation,” says Stephen Green, Shanghai-based head of research for China at Standard Chartered Plc. “Many of these projects are not particularly job-intensive.”

The spending will help, but such projects didn’t propel growth as hoped over the last 30 years. Exports did.

4. All those U.S. Treasuries. Financing loads of new projects could prove dicey, even for cash-rich China. Any move to draw down $696 billion of U.S. government debt could leave China with major losses and prolong the U.S. recession.

That leaves domestic lending institutions. If China wants to avoid a Japan-like bad-loan crisis, or something far worse, it has to be careful about massive public-works projects with questionable economic benefits.

Of course, there’s the “official” gross-domestic-product figure, and then there’s the real situation in the most populous nation. The double-digit drops in exports among China’s biggest trading partners in Asia show how bad things are getting. Offsetting those trends won’t be easy and it won’t be cheap.

5. Rebalancing takes time. Just as the U.S. needs to become a nation of savers, China needs more consumers. That’s a destabilizing, decade-long process that requires the creation of national safety nets and more education and health-care spending.

Making that transition would be a big enough challenge with a healthy world economy. Doing it while Group of Seven members are in recession and developing Asia is slowing rapidly will prove extraordinarily difficult.

Wen wasn’t exaggerating yesterday when he said China faces its “most difficult” year of the past 30. How much China’s export collapse is hurting can been seen in the 20 million migrant workers who are suddenly unemployed. The risk of social unrest is higher than at any time since 1989, the year of the Tiananmen Square protests.

China’s top-down system has worked extraordinarily well in recent years. It’s still a stretch to think the country can turn its economy upside down in this ever-worsening environment.

Wen says China needs to “reverse the economic slide as soon as possible.” Too bad officials in Beijing think their work is largely done. It’s not, no matter what the official spin is.

source :Bloomberg

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BOE’s King ‘Groping in the Dark’ as U.K. Expands Money Supply

By Brian Swint and Jennifer Ryan

Bank of England Governor Mervyn King, criticized for his initial response to the credit crisis, is now embarking on one of the biggest risks in British economic history.

The central bank yesterday won authority to print as much as 150 billion pounds ($212 billion) and pump it into an economy facing its worst recession since World War II, after cutting interest rates close to zero. With markets clogged and economic activity shriveling, King can’t be sure the gamble will work.

“We’re groping in the dark,” said Willem Buiter, a former Bank of England policy maker and now a professor at the London School of Economics. “Ultimately, we’ll know it works if the economy turns around, and that we won’t know for a couple of years.”

The risk for King is that the strategy fails, forcing him to create yet more money, or it backfires and fuels inflation. While U.K. officials are at pains to deny similarities with the economic policies of Robert Mugabe’s Zimbabwe, where printing money has fueled hyperinflation, some economists argue that the Bank of England hasn’t much of a choice left.

“You have to ask what it would be like if they weren’t doing anything and I suspect a lot worse,” said Amit Kara, an economist at UBS AG in London. “But the whole banking system has yet to be fixed, the economy has yet to deliver and credit is not available. It’s all a shot in the dark.”

Bank Run

King drew criticism from bankers and economists for waiting a month to extend an emergency funding program following the collapse of Lehman Brothers Holdings Inc. last year. Before Northern Rock Plc faced the first run on a British bank in more than a century in 2007, he told cash-strapped banks that lending them extra funds risked sowing the seeds of the next crisis.

Yesterday’s move now puts King ahead of European Central Bank President Jean-Claude Trichet in devising new tools to tackle the economic crisis. Trichet said in Frankfurt yesterday that the ECB still hasn’t decided whether to step up its response and buy securities in the market.

“We don’t know whether quantitative easing works or not, but it’s a good thing to try,” said Christopher Allsopp, a former U.K. policy maker. “The amount looks serious, and it needs to be to make sure it has a chance of working. They’re doing what they can.”

Gilt Purchases

The bank’s purchases may lower long-term gilt yields, reducing benchmark corporate borrowing costs in the process. U.K. 10-year government bond yields fell the most in at least at least 17 years yesterday on the bank’s announcement.

Still, Buiter said that the bank’s focus on buying government bonds with outstanding maturities of five to 25 years won’t help and may raise costs for pension funds, which depend on buying long-term securities.

“This is really quite pointless and in some ways counterproductive,” Buiter said. “They could indeed end up hurting pension funds more than helping anything.”

Policy makers may also have to come up with further measures, said Lena Komileva, an economist at Tullett Prebon in London. “I don’t think it will work,” she said.

Printing money has become linked with economic mismanagement. In the 1920s, the German government fueled inflation to fund World War I loan repayments and reparations, eroding the authority of the Weimar Republic. Mugabe’s monetary policy has left Zimbabwe with the world’s fastest inflation, last estimated at 231 million percent in July 2008.

‘Lost Decade’

Quantitative easing was also tried in Japan in the 1990s, where authorities struggled to stimulate the economy in what became known as the country’s “Lost Decade.”

King himself has noted how it’s all too easy for central bankers to let prices slip out of control once they start printing money.

“Zimbabwe has determined very clearly that if you want a higher inflation rate you could have it,” he told reporters in August 2007.

With the U.K. slipping deeper into recession, some economists nevertheless say the Bank of England’s policies are bold enough to help turns things around.

“Ultimately it has to have an effect,” said Matthew Sharratt, an economist at Bank of America Corp. in London. “It’s going to bring an extraordinary amount of stimulus into the pipeline along with all the other measures that have already been taken.”

source :Blommberg

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Two banks to return U.S. bailout money: Rep Frank

A senior U.S. lawmaker said in on Thursday he expects two large financial companies that received $8.2 billion of bailout money will repay borrowings, though he did not provide a timeframe for the process.

Northern Trust Corp (NTRS.O), which has been faulted for treating clients to concerts and fancy food at a recent golf tournament, will return $1.6 billion it took from the $700 billion Troubled Asset Relief Program (TARP), House Financial Services Committee Chairman Barney Frank said.

"The public has the right, for us, to be very tough on how recipients of TARP money spend it," Frank said at a briefing with reporters.

Frank also said U.S. Bancorp (USB.N), the eight-largest U.S. bank, will return $6 billion. The bank received $6.6 billion from the fund.

Northern Trust and U.S. Bancorp are among hundreds of companies that took money from TARP, which is administered by the U.S. Treasury Department.

Northern Trust has said it plans to repay $1.6 billion as fast it can, while U.S. Bancorp said it plans to do so as soon as possible. The latter cut its common stock dividend 88 percent on Wednesday to help save $2.6 billion annually.

"We have not filed a notice of redemption with the Treasury Department," U.S. Bancorp spokesman Steve Dale said.

"We reduced our dividend to help accelerate our company's ability to repay the $6.6 billion of TARP capital, which we intend to do as soon as possible with the consultation and approval of our regulators," he said.

A growing number of U.S. banks are finding that participating in the bailout program designed to spur lending is more troubled than it is worth.

Three smaller lenders, TCF Financial Corp (TCB.N), Iberiabank Corp (IBKC.O) and Sussex Bancorp (SBBX.O), have in the last week decided to give back TARP money.

Banks have complained about new rules being imposed on them under the new economic stimulus law.

One new rule can limit pay for a bank's 20 top executives, which banks say would make it harder for them to hire and retain top talent.

Another has sowed confusion about whether TARP lenders must hold new capital for three years, or can repay it early.

source:Reuters

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GameStop pounded as Amazon steps up to compete

By Dan GallagherBy Dan Gallagher

By the closing bell, shares of Grapevine, Texas-based GameStop (GME:gamestop corp new cl a
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23.46, -3.84, -14.1%) were down more than 14% at $23.46. The stock previously has been on the rise, gaining 26% since the first of the year. Before the opening bell, Amazon (AMZN:Amazon.com Inc
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64.77, -0.04, -0.1%) announced on its Game Room blog that it has launched a service to allow customers to trade in used games for credit that can go to the purchase of new titles. The service is being run through a company called NorAm International, one of Amazon's third-party merchants.
For GameStop, the move could threaten a key portion of its business. For the first 10 months of 2008, the retailer drew about 25% of its total revenue through the trade-in and sale of used games. The business also accounted for 49% of the GameStop's total gross profit for the same time period, according to the company's financial statements.
"We believe the primary risk to GameStop from Amazon's initiative is greater competition for inventory of used games, and the potential for trade-in values to increase," game analyst Colin Sebastian of Lazard Capital Markets wrote in a note Thursday. "Our survey of 10 games on both sites suggests that the Amazon merchant is offering a slight premium to GameStop for a number of trade-ins."
But analysts also said that Amazon faces the challenge of relying on a mail-order service, which has had limited success in the used-game market. GameStop itself tried such a tactic before, but discontinued the effort.

source:Marketwatch

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GE Capital Still Ticking

by: Carl Gutierrez and Miriam Marcus

Conglomerate's triple-A rating might not stand, but it's unlikely to fall too far.


Wall Street may be expecting a cut to General Electric’s credit rating, but the wound likely won’t be too deep. The conglomerate drew a modicum of strength Thursday from comments that its financial arm was likely to remain a blue-chip credit as Chief Financial Officer Keith Sherin insisted there was no "time bomb" hidden in its GE Capital finance arm.

Fixed-income research service Gimme Credit recommended that investors buy General Electric Capital's nine-year notes, saying the company will likely remain a top-tier credit in the AA range. Gimme Credit acknowledged that 2009 will probably be a tough year for both GE Capital, the finance arm of General Electric (nyse: GE - news - people ), as well as the parent company, but the research service said it continued to view the consolidated firm as a AA credit after factoring in parent-company support, Gimme Credit analyst Kathleen Shanley said in a research note on Thursday. For now, both parent and opaque finance subsidiary are rated triple-A by the major credit agencies, which has historically allowed GE Capital to borrow money very cheaply, but that pristine level is in doubt.

The two top credit-rating agencies are evaluating their ratings on GE's debt. Moody's Investors Service is reviewing its "triple-A" on GE for a possible downgrade, and Standard & Poors has a negative outlook on its bonds.

Gimme Credit's report came on the same day CFO Sherin of General Electric said during a television interview that GE Capital will be profitable in the first quarter and that speculation about GE risks are overdone. (See “Bears Feast On GE.”) He also said GE can fund itself through 2010 without having to raise capital.

Not everyone agrees. On Tuesday, UBS analyst Jason Feldman said GE may need to raise funds, (See “GE May Need More Capital,”) despite the expected $9.0 billion annually in savings resulting from Friday’s dividend cut. (See "GE Turns On The Thrift.")

Thursday's developments kept General Electric's shares in positive territory some of the day while the major indexes languished on renewed concerns over General Motors and the banking sector. (See "Street's Optimism Wanes.") GE shares closed down just 3 cents, or 0.5%, at $6.66, in trading in New York.

source ; Forbes.com

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Craigslist Under Fire for 'Erotic Services' Ads

By BARBARA PINTO

Craigslist may be best known for online classified ads that 40 million Americans use every month to find apartments, jobs and used furniture -- but today Sheriff Tom Dart of Cook County, Ill., demanded that Craigslist "stop being the largest source of prostitution in America."

A glance at the online "erotic services" ads leave little to the imagination.

Recent banner ads read "Teens for Cash" and "Hot young girls needed for NaughtyDart said that the majority of the prostitutes jailed by his department -- and other law enforcement agencies nationwide -- do business on Craigslist. A recent bust in Florida netted 35 arrests.

"The marketplace for prostitution has shifted. It's going away from what we commonly see on the street to online," said Salim Goswani of the Chicago Alliance Against Sexual Exploitation. "And Craigslist is the biggest facilitator of this."

Nanny Service."

"It's abundantly clear it's prostitution," said Dart. "You have pictures that are pornographic. You have people setting out their rates of what they charge for what services and what amounts of time."

Dart wants to ban the erotic services ads. He filed a federal lawsuit against Craigslist today, claiming that the erotic ads on the classified site are a public nuisance and damage the property, health and safety of the community.

In an e-mail to ABC News, Craigslist said that it is taking measures to prevent illegal activity on the site, including the removal of inappropriate ads.

"Misuse of Craigslist to facilitate criminal activity is unacceptable, and we continue to work diligently to prevent it," the company said. "Misuse of the site is exceptionally rare compared to how much the site is used for legal purposes. Regardless, any misuse of the site is not tolerated on Craigslist."

With only a 28-person staff and more than 30 million new classified ads posted every month, it's nearly impossible for Craigslist to monitor and review each individual ad.

"It's a very big burden to place on them to be the ones to police the content that's on their site," said Evan Brown, an Internet lawyer at Hinshaw & Culbertson
source:ABCnews

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Banks fall out of bed, Citi shares fall under a buck

By Greg Morcroft

The KBW Bank exchange-traded fund (KBE:KBW Bank ETF
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KBE 9.54, -1.23, -11.4%) , which tracks the largest U.S. banks, fell 11%, and the Financial Select Sector SPDR (XLF:Select Sector SPDR: Financial Select Sector SPDR Fund
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XLF 6.24, -0.65, -9.4%) , which tracks all the financial stocks in the S&P 500, shed 9%.
For some perspective, the financial stocks in the S&P 500 (SPX:S&P 500 Index
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SPX 682.55, -30.32, -4.2%) had more of the riskiest types of assets on their balance sheets at the end of 2008 than they did at the end of that year's first quarter, according to research from market strategist Ed Yardeni and his team.
Yardeni's latest research shows that there were $537.4 billion of Level 3 assets at the firms at the end of 2008. "That's actually up to 10.3% of total assets from 8.0% at the end of the first quarter" of 2008, Yardeni said.
"Even uglier is that 80.6%, or $7.4 trillion, of the assets held by the S&P financials companies were Level 2," he said in a research report. Level 2 assets are so-called mark-to-model, which are carried at a value based on assumptions, not true market prices.
Stock action
Shares of Citigroup (C:Citigroup Inc
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C 1.02, -0.11, -9.7%) fell 10% Thursday and closed at $1.02, after trading as low as 97 cents, the lowest Citi has traded ever. The drop sent chills through investors, before recovering to $1.02. Despite the dismal stock market, the $1 mark is still a psychological threshold.
Citi's stock is unlikely to find firm footing for at least a month, when it completes the conversion of what it hopes will be $27.5 billion of preferred stock and trust preferred securities into common stock. Until then, arbitrage players will seek to exploit the difference between the premium Citi is paying for the conversion and the current stock price, executives and analysts say.
Citi does not face any immediate risk of delisting because of a temporary suspension of New York Stock Exchange rules. However, any real recovery in the stock will require investors to anticipate an economic turnaround - a hope that keeps getting pushed farther into the future. See full story
And Wells Fargo and J.P. Morgan (JPM:JPMorgan Chase & Co
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JPM 16.60, -2.70, -14.0%) fell 16% and 14%, respectively. Long viewed as two of the best-positioned firms in the global financial collapse, the banks saw their stocks fall after Moody's expressed renewed concern about their near-term future.
Moody's on Wednesday said it is reviewing Wells Fargo & Co.'s (WFC:Wells Fargo & Company
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WFC 8.12, -1.54, -15.9%) long-term ratings and may downgrade them, depending on its analysis of the impact that future credit costs could have on Wells' capital ratios.
"The review was prompted by a concern that Wells Fargo's capital ratios could deteriorate in 2009 from their current levels, which are comparatively low, because of the potential need to take high loan loss provisions in 2009," Moody's said in a statement.
Moody's cut J.P. Morgan's rating outlook to negative from stable. The change reflects the rating agency's expectations that J.P. Morgan's results will continue to be saddled by sustained high provisions and credit costs for the next several quarters, and, as a result, J.P. Morgan's capital generation is likely to be modest, Moody's said.
Shares of asset manager Legg Mason Inc. (LM:Legg Mason, Inc
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LM 12.29, -0.08, -0.6%) closed off about 1%.
The shares had risen most of the day after the firm said it had sold most of its holdings of debt from structured investment vehicles and other similar conduits.
Costs incurred by the holdings, once worth billions of dollars, had contributed to Legg Mason's poor recent performance, which included a $1.5 billion net loss in the fourth quarter of 2008.

source : MarketWatch

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Marvell shares higher after results; Citi steady

By Carla Mozee

Marvell (MRVL:marvell technology group ltd ord
News , chart , profile , more
Last: 7.52-0.06-0.79%

4:00pm 03/05/2009

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MRVL 7.52, -0.06, -0.8%) shares gained 8.9% to $8.19. The company reported a fourth-quarter loss of $65 million, or 11 cents a share, from $1.3 million, or breakeven on a per-share basis, in the year-ago period. Excluding one-time items, the communications chip provider said it would have reported earnings of 5 cents a share.
Sales were $512.9 million, down from $844.7 million last year. Analysts surveyed by Thomson Reuters had expected earnings of a penny a share on sales of $511 million.
Gross margin, a gauge of profitability, improved to 50.7% from 48.1% in the year-ago period. But the company said it believes "the current economic climate will not substantially improve over the short term," said Marvell Chief Executive Sehat Sutardja in a statement.
The company outlined plans to reduce its global workforce by about 15%, a move that will affect 850 employees and result in related charges of $20 million.
Citigroup (C:Citigroup Inc
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6:40pm 03/05/2009

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C 1.02, -0.11, -9.7%) shares were up 1% at $1.03, and have dipped down to $1. Citi shares finished the regular session with a loss of 9.7% after hitting an all-time low of 97 cents, pummeled on concerns about the future of the company and as banking stocks tumbled.
Late-traded shares of J.P. Morgan Chase & Co. (JPM:JPMorgan Chase & Co
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4:01pm 03/05/2009

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JPM 16.60, -2.70, -14.0%) were up 0.4% at $16.66 and Bank of America shares (BAC:bank of america corporation com
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6:40pm 03/05/2009

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BAC 3.17, -0.42, -11.7%) rose 1.3% to $3.21.
The KBW Bank exchange-traded fund (KBE:KBW Bank ETF
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Last: 9.54-1.23-11.42%

4:00pm 03/05/2009

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KBE 9.54, -1.23, -11.4%) , which gauges the country's largest banks, ticked up 0.5% in light volume following an 11% drop on Thursday. See Financial Stocks.
The Nasdaq Composite Index (COMP:Nasdaq Composite Index
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Last: 1,299.59-54.15-4.00%

5:15pm 03/05/2009

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COMP 1,299.59, -54.15, -4.0%) closed the regular session down 4% and the S&P 500 Index ($SPX:S&P 500 Index
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5:00pm 03/05/2009

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$SPX 682.55, -30.32, -4.2%) slid 4.3% to 682.55 as investors also braced for Friday's jobs report for February, which is expected to show the largest nonfarm payroll loss in nearly 60 years.
Economists surveyed by MarketWatch expect payrolls to fall by 650,000, and project the unemployment rate to rise to 8% from 7.6%.

source:MarketWatch

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GM Auditors Raise Doubt On Auto Maker's Viability

By Sharon Terlep

General Motors Corp.'s (GM) auditors cast doubt Thursday on the Detroit auto maker's ability to survive without more U.S. government loans, in a foreboding assessment of the company's financial plight.

GM's continuing losses, negative net worth and an inability to generate cash for continued operations led the auditors to determine there was substantial doubt that the company can survive. GM warned last week it may not be able to able meet its auditors' "going concern" requirements.

The determination comes as GM tries to persuade bondholders to swap around $16 billion in debt for equity in a restructured company. Despite the auto maker's dire situation, a bondholders' committee wants GM to restructure outside of bankruptcy, according to people close to the situation.

Even an expedited, or so-called pre-packaged bankruptcy, "would be a complete catastrophe," the person said. "From a bondholder's perspective, it must be avoided at all costs.

"While a pre-pack would be better than a bankruptcy. It would result in a free fall, guerilla warfare and could lead to liquidation."

GM has said it could cost as much as $100 billion to restructure and emerge from bankruptcy.

Advisers to the bondholders committee were scheduled to meet Thursday with U.S. President Barack Obama's auto task force to discuss government backing for any new debt issuance. Representatives of the committee declined to comment Thursday.

GM disclosed the assessment by Deloitte and Touche in a filing with the Securities and Exchange Commission. When it reported a $30.9 billion loss for 2008 last week, GM warned it might not be able meet its auditors' "going concern" requirements, meaning it could break covenants on billions of dollars in debt in coming months. However, GM said Thursday it had received waivers from its lenders that would allow it to avoid having its loans recalled.

GM played down the significance of its auditors' conclusions. "It is not fundamentally a big deal," said GM spokeswoman Julie Gibson. She said GM's main concern was getting the waivers from its lenders, which it managed to do.

"Negotiations will continue as they have" with bondholders and the United Auto Workers, Gibson said. GM is trying to cut a deal with the UAW that would change the terms under which the company funds retiree health care, to relieve some of the company's $20 billion cost burden. GM needs this and other concessions to keep $13.4 billion in government loans that have kept it operational.

"If we fail to do so for any reason, we would not be able to continue as a going concern, and could potentially be forced to seek relief through a filing under the U.S. Bankruptcy Code," GM said in the filing.

GM shares were down 34 cents, or 15%, at $1.86, at the close of trading Thursday on the New York Stock Exchange. GM shares have lost more than 90% of their value over the last year.

The formal going-concern warning is impacting GM's relationship with some creditors. Terms of the company's $4.5 billion revolving-credit facility, a $1.5 billion U.S. term loan and a $125 million inventory-financing facility allowed lenders to demand instant repayment if GM's auditors expressed doubts about its ability to remain a going concern.

GM has obtained waivers from those creditors, but with the provision that the loans can be called if the Treasury doesn't approve GM's viability plan.

The auditor's warning "should not be a revelation," but underscores the auto maker's fundamental problems, Standard & Poor's said in a statement reiterating its sell rating on GM shares.

"GM is dependent upon the largesse and forbearance of the U.S. and foreign governments to sustain its various entities through this downturn," it said. The ratings agency also lowered its estimate for 2009 U.S. auto sales to 10.55 million cars and trucks from 10.8 million.

"We see international demand shrinking, as well, leading GM's non-U.S. profits to evaporate," S&P said in a note. The company also is seeking billions in dollars in aid from overseas governments and has said it may even give up a majority stake in its Opel unit to secure backing from European states.

The company warned it could be forced to seek bankruptcy court protection if it can't somehow restructure the securities or otherwise settle the obligation, as a default would trigger cross defaults on other outstanding debt.
source:CNNMoney.com

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Walmex Rises After Same-Store Sales Beat Estimates

By Veronica Espinosa

March 5 (Bloomberg) -- Wal-Mart de Mexico SA, Latin America’s largest retailer, rose to the highest in two weeks after reporting February same-store sales above expectations.

Walmex, as the company is known, gained 0.9 percent to 30.04 pesos in Mexico City trading, the highest since Feb. 16.

Sales at stores open at least a year rose 1.5 percent in February, the Mexico City-based company said yesterday in an e- mailed statement after the market closed. The sales exceeded estimates at Banco Santander SA and Actinver SA.

“They managed to increase sales even when February was a day short compared to 2008”, said Joaquin Ley, analyst with Santander in Mexico City. Ley expected a 1 percent decline in sales. He recommends buying the stock.

Sales data “shows the good performance of the company’s pricing campaigns and promotional efforts”, Actinver analyst Mexico-based Marisol Huerta wrote in a report today. Huerta expected a 1 percent increase in sales and has an “overweight” recommendation on the shares.

source:Blommberg

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Violations in Metrolink crash stir safety debate

By DAISY NGUYEN

The human error detailed this week in hearings on the 2008 Metrolink commuter train disaster that killed 25 people has stirred debate over what the rail industry can do to ensure passenger safety for at least six more years until technology is installed that could prevent another collision.

The tragedy occurred when a Metrolink train ran a red traffic signal and collided head-on with a Union Pacific freight train on a single shared track in the San Fernando Valley.

Federal investigators have found a rash of rule violations involving the crews of both trains: The Metrolink engineer was text messaging 22 seconds before the collision and was planning to let a teenage train buff drive the train that evening. Also, the conductor of the freight train was texting while he was on duty and tested positive for marijuana.

After the Sept. 12 disaster in suburban Chatsworth, officials stepped up effort to improve safety measures. Federal regulators banned cell phone use by train operators and Congress passed a new law requiring technology to stop trains on a collision course. The law requires the installation of a computerized "positive train control" system by 2015.

While making plans to deploy the costly and sophisticated technology, Metrolink has added a second person in the locomotive cab and plans to install security cameras focused on train operators. However, the union representing the nation's train engineers opposes putting cameras in the trains, and some safety experts question its efficacy.

William Walpert, an official with the Brotherhood of Locomotive Engineers and Trainmen, said the recording device would be "overly intrusive."

George Gavalla, a railroad safety consultant and former head of the Federal Railroad Administration's safety office, said installing cameras and hiring people to monitor hundreds of hours of recordings will be expensive. He said the money could be better spent on positive train control.

"I question how effective it'll be as a deterrent," Gavalla said. "There's cameras all over the place, but do they prevent robberies all the time?"

Metrolink, a 512-mile system operated by a five-county regional rail authority, said it will cost nearly $1 million to install 218 cameras and recorders, but officials have not determined how they will monitor or review the recordings, the cost of monitoring the videos, and how to address the privacy concerns of train employees.

"You have to make sure that people reviewing the data and analyzing it keep it secure," agency spokesman Francisco Oaxaca said.

Union officials are also advocating that all passenger, freight and commuter trains employ two workers in the cab to provide a second set of eyes, but safety experts worry that in some situations it could create unintended distractions.

Often an engineer works alone in the locomotive cab while the conductor is performing other duties.

"With another person in the cab, the workers could get into a conversation and affect each other's concentration," said Najmedin Meshkati, a professor of industrial and systems engineering at the University of Southern California.

Two engineers were in the cab of a Metrolink train that ran a red signal and sideswiped a freight train, causing four minor injuries, in the weeks after the deadly September crash.

During a National Transportation Safety Board hearing on the Chatsworth collision this week, NTSB member Kitty Higgins noted that the conductor of the Union Pacific train was texting in the locomotive cab even while sitting next to the engineer. She said federal investigators found out about the texting after receiving an anonymous tip from "somebody outside."

"The issue of safety in numbers is not the case here," Higgins said.

While experts agree it will take time and money to install positive train control, they say the short-term solution is to improve the safety culture at railroads by adding more inspectors, boosting random field tests and reinforcing company rules.

"It's a matter of having enough managers out there providing oversight for their employees," Gavalla said.

source:Assosiated press

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US ECON: January Construction Spending Down 3.3%

Total US construction spending fell more than expected in January as cutbacks in federal, state and local building helped fuel the downturn carried by continuing declines in both business and residential construction spending, the Commerce Department reported today.

Total US construction fell 3.3% in January to its lowest level since June 2004. Economists were expecting only a 1.5% decline in spending after three months of cutbacks. Worsening this downturn was a steep revision to December construction spending, from a 1.4% decline to a 2.4% decline.Total private construction fell 3.7% in January to its lowest level since August 2003.

Housing continued its steady contraction with private residential construction falling 2.9% to its lowest level since April 1998. Over the year, homebuilding was down 28.0%.

Business construction fell by 4.3%, the largest decline since January 1994, bringing total private non-residential construction spending to its lowest level in a year. Despite January's steep decline, business construction spending is still up 0.3% over the last twelve months.

Private non-residential construction fell in all categories except for a meager 0.3% gain in education construction spending.

Construction by state and local governments fell by 1.9%, marking the third consecutive month of decline in this category. Federal construction fell by 6.6%, the first and largest decline since September.
source:Forbes.com

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Oil drops 9% on economic worries, falling stocks

By Polya Lesova & Moming Zhou

Oil futures plunged 9% Monday, pressured by falling global equity markets, strength in the U.S. dollar and comments that OPEC may not cut production further at its upcoming meeting.
Crude oil for April delivery traded down $3.94, or 8.8%, to $40.82 a barrel.
Earlier, oil prices tumbled as low as $40.64 a barrel on Globex, posting their biggest loss since Jan. 27.
Oil prices fell "as global equity markets slumped and comments by an OPEC member suggest there may not be more cuts in March," said Brenda Sullivan, an analyst at Sucden Financial Research, in a report.
On Wall Street, U.S. stocks fell sharply, with the Dow Jones Industrial Average ($INDU:
6,840.08, -222.85, -3.2%) dropping below 7,000 for the first time in 11
years. Financial giants American International Group (AIG:
0.48, +0.06,
+13.6%) and HSBC Holdings (HBC:
27.79, -7.01, -20.1%) took moves to raise
more capital. Equity markets in Asia and Europe also posted losses.
In currency markets, the euro lost ground versus major rivals Monday after European Union leaders refused over the weekend to consider a coordinated bail-out package for troubled Eastern European economies. See Currencies.
The U.S. dollar index (DXY:
88.88, +0.87, +1.0%) , which measures the
currency against a trade-weighted basket of six global counterparts, rose to 88.81 in recent trade, up from 88.166 late Friday.
Iran's oil minister said Sunday that the Organization of the Petroleum Exporting Countries has no plans to cut its oil production again at its March 15 meeting, Dow Jones Newswires reported, citing Iranian media.
The comments differ from statements from other OPEC members that have indicated recently more production cuts are coming. The cartel already has announced an output reduction of 4.2 million barrels a day since September, equivalent to about 5% of global oil demand.
Also on Monday, April reformulated gasoline fell 7 cents, or 5%, to $1.31 a gallon and April heating oil dropped 9 cents, or 7%, to $1.18 a gallon.
source : marketwatch

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U.S. ISM Manufacturing Drops for 13th Straight Month

By Bob Willis

Manufacturing in the U.S. contracted in February for a 13th consecutive month as factories cut production to match collapsing sales.

The Institute for Supply Management’s factory index rose to 35.8 last month from 35.6 in January. Readings less than 50 signal contraction. Another report showed consumer spending rose more than expected in January after six straight declines as Americans took advantage of post-holiday discounts.

Factories are cutting jobs and scaling back on output and investment as the housing and credit crises squeeze global demand for everything from cars to appliances. President Barack Obama last month announced a stimulus package to jolt the economy out of what may become the worst recession in seven decades and introduced a record $3.55 trillion budget designed to chart a path toward long-term growth.

“Manufacturing is struggling and certainly the indication we have right now is it will continue to struggle for months to come,” Norbert J. Ore, chairman of the ISM’s manufacturing survey said on a conference call with reporters. “Manufacturing is still operating at relatively low rates.”

The median estimate of 67 economists surveyed by Bloomberg was for an ISM reading of 33.8. Forecasts ranged from 30 to 37.

The ISM’s gauge of new orders fell to 33.1 from 33.2 the prior month. ISM’s export orders gauge held at 37.5.

Job Losses

The gauge of inventories dipped to 37 from 37.5. The group’s employment index fell to 26.1, the lowest since record-keeping began in 1948, from 29.9 in January. The recession has already cost 3.6 million job losses since December 2007 and more cuts are in the pipeline.

Earlier today, the Commerce Department said consumer spending rose 0.6 percent in January after declining for a record six consecutive months. Incomes increased by 0.4 percent.

ISM’s gauge of prices paid held at 29. Economists had projected that the measure, which averaged 66 in 2008, would rise to 33.5. A measure of goods imported by factories fell to 32, the lowest since records for that gauge began in 1989.

Consumer spending, which dropped at a 4.3 percent rate in the fourth quarter after a 3.8 percent decline in the prior three months, may slip through the first six months of this year, according to economists surveyed last month. Purchases have not shrunk for four straight quarters since records began in 1947.

Deepening Recession

The recession that began in December 2007 will probably persist at least through the first half of this year, according to economists surveyed, which would make it the longest downturn since 1933. The economy shrank at a 6.2 percent pace in the fourth quarter of last year, the biggest contraction since 1982, and business investment fell at a 21 percent rate.

In Obama’s first address to a joint session of Congress on Feb. 24, he said the staggering economy has left “confidence shaken” and the credit freeze paralyzing the banking system will need to be fixed or “our recovery will be choked off before it even begins.”

Obama signed his $787 billion stimulus into law on Feb. 17 and his administration has unveiled measures to boost housing and banks. Also, the Federal Reserve has flooded markets with cash.

Among manufacturers, carmakers have been the hardest hit. Detroit-based General Motors Corp. last week reported the second- biggest quarterly loss in its 100-year history, as Chief Executive Officer Rick Wagoner asked the Treasury for $16.6 billion more in loans to survive through 2009.

Appliance Sales

Whirlpool Corp., the world’s biggest appliance maker, said Feb. 9 that profit will probably fall for a second straight year as the recession and a plunge in home construction stifle demand. Appliance sales in the U.S. will decline 10 percent this year, Chief Executive Officer Jeffrey Fettig said on a conference call.

Companies that rely on exports are also hurting. Honeywell International Inc., the world’s largest maker of airplane-cockpit controls, last week said 2009 sales will be lower than previously projected because of slowing demand in China and India and “weakness” in commercial aerospace. New Jersey-based Honeywell has cut jobs and frozen hiring because of the global slowdown.

source : Bloomberg

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Capital worries may linger over HSBC, analysts say

By Simon Kennedy

The global banking giant (UK:HSBA: news , chart , profile ) (HBC:
27.76, -7.04,
-20.2%) will raise the cash to both strengthen its capital ratios and allow it to make limited acquisitions in the event opportunities arise. It's also lowered its dividend payout after reporting a 70% drop in net profit for 2008 and said it's withdrawing from some of its U.S. lending operations. See full story.
But at the same time, the deficit in HSBC's available-for-sale reserves has soared to more than 21 billion pounds from about 7 billion pounds at the end of June.
Assets that are classified as available for sale are those that aren't held for immediate trading purposes, but also aren't expected to be held for the asset's entire lifetime.
In that way, the bank doesn't have to record a drop in the market price as a loss unless the asset is sold or the drop in value is deemed to be permanent.
"The key question around the stock will remain, despite the capital increase, whether the balance sheet is strong enough to get the bank through a difficult 2009," said Deutsche Bank analyst Jason Napier.
Previous analysis by Deutsche Bank suggests HSBC's capital ratios could potentially fall as much as three percentage points in 2009 due to impairments on bad loans and other risky assets.
At Keefe, Bruyette & Woods, analysts said the current deficit in the available-for-sale accounting line is equivalent to 1.9 percentage points of the existing capital ratios.
"We welcome the rights issue, but the increase in the [available-for-sale] reserve means that it will not put the capital debate to rest in our view," said KBW's Mark Phin.
Not all analysts were so negative. Celent analyst Cubillas Ding said that HSBC seems to have taken a quite conservative line with its reserves, and the intention of its announcements on Monday seems to be to help it draw a line under U.S. losses.
Douglas Flint, HSBC's finance director, said the bank's own stress tests indicate a possible risk in the range of $2 billion to $2.5 billion over the next two to three years and a "likely ultimate expected loss" of about a third of that figure.
Fearful of deeper losses
Separately, activist investment firm Knight Vinke Asset Management said HSBC could face a further $34 billion of losses if it were to write down to fair value all the subprime assets it holds.
Knight Vinke has been lobbying HSBC to shutter the U.S. lending operations -- the former Household International and Beneficial businesses -- since September 2007, potentially by just walking away and putting them in receivership. HSBC bought Household in 2003.
The possibility of further losses appears to be rising because of the deteriorating economy in the U.S., the asset manager said. It also called for assurances that the $17.7 billion being raised in the rights issue won't go to Household's lenders, saying they have no contractual legal recourse to HSBC.

source :Marketwatch

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