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Profits in G.M.A.C. Bailout to Benefit Financiers, Not U.S.

Among the companies that were bailed out by the federal government during the financial crisis, perhaps the most intractable is proving to be the company formerly known as the General Motors Acceptance Corporation. It's a case study in how bailouts can linger and profits, when they do come, flow not to the government but to the Warren E. Buffetts of the world.

G.M.A.C. was the financial arm of General Motors. In the years leading up to the financial crisis, it was also G.M.'s most profitable unit, which tells you something about the auto industry at the time. The company earned more profit from lending money to customers than in selling cars.

In 2005, desperate to raise cash, General Motors sold a 51 percent stake in G.M.A.C. to the private equity firm Cerberus Capital Management. Cerberus beat out a rival, Kohlberg Kravis Roberts, for the privilege, spurring BusinessWeek to write that Henry R. Kravis's loss “has to sting.”

During the financial crisis , however, the sting was felt on the other side, as G.M.A.C. staved off collapse thanks only to a government infusion of $17.2 billion. The company was renamed Ally Financial - you have probably seen its catchy commercials on television. The Treasury Department owns 73.8 percent of Ally, with Cerberus retaining an 8.7 percent stake.

Almost since that time, the Treasury Department has wanted to rid itself of its Ally stake. Ally filed for an initial public offering in March 2011, but it has so far languished in the face of a weak market and concerns over Ally itself. The Treasury Department has been paid back about $5.7 billion and still controls the company through its stock ownership and appointment of a majority of Ally's directors.

Despite lingering concerns about Ally, the automobile sales market is recovering and Ally's auto finance operations turned a profit last year. But Ally is still suffering from legacy debts, primarily concentrated in its ResCap unit. While you might think that with a name like G.M.A.C., the company financed only automobiles, but the company was also one of the largest subprime housing lenders through its ResCap subsidiary.

ResCap, a wholly separate entity owned by Ally, is the fifth-largest mortgaging servicer and origination unit in the nation, serving 2.4 million mortgages with a principal of $374 billion. The business has lost billions since the financial crisis, and the never-ending stream of losses has made investors fearful. They should be. Ally has lent ResCap $1.2 billion and has provided an infusion of $10.3 billion since Jan. 1, 2007.

Ally's chief executive, Michael A. Carpenter, has stated that his priority is to repay the American taxpayer rather than support ResCap. In 2011, ResCap disclosed a loss of $845.1 million and its financing has been drying up as the market realized that Ally would no longer be ResCap's sugar daddy.

It's still unclear why Ally didn't put ResCap in to bankruptcy instead of providing billions in support. One explanation may be that Ally wasn't stable enough at the time to risk the market reaction to a bankruptcy and the possibility that Ally's own financing might dry up as a result. In addition, ResCap turned a profit in 2010, but has since been overwhelmed by litigation and bad subprime loans.

Whatever the reason, Ally finally bit the bullet and put ResCap into bankruptcy in May this year, presumably hoping that this would make Ally more attractive itself for an I.P.O. or sale.

ResCap filed for bankruptcy with a huge $1.25 billion loan from Barclays and up to an additional $220 million available from Ally. The initial bankruptcy plan was for ResCap to split up, with the mortgage servicing business being sold to Fortress Investment Group for about $2.3 billion. A legacy portfolio of $5.2 billion in mortgage loan principal would be sold separately. At the time of the bankruptcy, Ally announced its intention t o serve as a stalking horse bid for the legacy portfolio, bidding from $1.4 billion to $1.6 billion.

Enter the greatest investor of our time.

One of Ally's biggest creditors at that time was Mr. Buffett's Berkshire Hathaway, which held more than $500 million of ResCap's unsecured bonds and $900 million in ResCap's junior secured bonds. Berkshire has since sold the unsecured bonds but has also joined the fray. It announced in June that it would bid for the mortgage servicer, and offer $1.45 billion for the legacy loan portfolio. The investment firm Lone Star Funds has also stated its interest in buying one or both.

Ally has now bowed out and Berkshire has replaced it as the stalking bidder for the loan portfolio. This fall, a bankruptcy court will hold an open auction for both businesses. We don't know who will buy these businesses, but it won't be Ally, which has left the scene after losing billions.

When asked for comment on why it was no longer bidd ing, an Ally spokesman expressed the intention for Ally to focus on its core businesses where Ally has a “leading position and competitive strengths, and that includes the auto finance and direct banking franchises.”

Ally's initial gambit as a stalking horse bid has succeeded in bringing bidders to the table and maximizing the value of ResCap. But it's hard not to think that if Ally were not a ward of the government, this might have turned out differently. Having come so far and invested more than $10 billion, Ally might want to bid for those assets, using its prior ownership to gain an advantage. After all, now there appears the potential to profit.

But the costs and uncertainties of continuing in the mortgage business are significant, and Ally does not appear to want to take that risk. At the time of the bankruptcy, the Treasury Department stated that its “objective today is to exit in a manner that balances speed of recovery with maximizing returns for t axpayers” and that it believes that the ResCap bankruptcy will “put taxpayers in a stronger position to maximize the value of their remaining investment in Ally.”

That's the problem with companies being bailed out. They're no longer as entrepreneurial or risk-taking as they might be, and instead have to balance gains against a need to pay back the government. Now that housing is in a fitful recovery, smart financiers are returning to this market. Ordinarily, this would be a good situation for Ally to buy back the assets in bankruptcy. But it will be private investors - and potentially Mr. Buffett - who will profit from ResCap's carcass.

And with the Treasury Department still in the hole for more than $11.5 billion with Ally, it is already facing a significant period before the government is paid back in full. The Treasury Department expects that it will be repaid a substantial portion of the government's investment in Ally, if not the full amount.

Tho ugh Ally operates independently, the Treasury Department, as Ally's owner, is not likely to have the patience to wait longer for ResCap. When the government is your lender, paying back the money is your first goal.

Steven M. Davidoff, writing as The Deal Professor, is a commentator for DealBook on the world of mergers and acquisitions.



Icahn Withdraws Offer to Take Refining Company Private

Carl C. Icahn, who owns 82 percent of CVR Energy, said on Tuesday that he was dropping an offer to take the Texas refiner private, citing changing market conditions.

The activist investor had approached the board on Aug. 6 with an offer to buy the rest of the company that he did not already own for at least $29 a share, but no more than $30. But since then, Mr. Icahn said in a letter on Tuesday, “a number of market conditions have changed, including a significant widening of crack spreads.” Crack spreads refer to the profit margins in the difference between the price of crude oil and the petroleum products produced.

“We no longer think that the proposed transaction is feasible at this time and we hereby withdraw it,” he wrote.

Mr. Icahn pushed CVR to put itself up for sale when he first approached the company in January. But an auction held by the company ended last month with no credible offers even after the its investment bank, Jefferies & Company, had approached more than 30 potential bidders.

The investor won control of the company last spring by offering shareholders $30 a share.



UBS Hires Grafstein as Co-Head of Americas M.&A.

UBS has hired Laurence Grafstein, a veteran deal maker, as a co-head of mergers and acquisitions in the Americas, the Swiss bank announced Tuesday in an internal memorandum reviewed by DealBook.

Mr. Grafstein will be joining from Rothschild, where he previously served as a co-head of mergers and acquisitions and was most recently an executive vice chairman. Before joining Rothschild in 2009, he had worked at Lazard and Credit Suisse. (He also was part of the investor group that sold The New Republic, the American political magazine, to Chris Hughes, the onetime Facebook executive, earlier this year.)

His hiring is the latest part of UBS' effort to rebuild and expand its investment-banking franchise, after a number of senior deal makers departed. Among the high-ranking bankers whom the firm has hired in recent years is Andrea Orcel, who left Bank of America to become the Swiss firm's co-head of investment banking.

At UBS, Mr. Grafstein will work alongside the other co-head, Marc-Anthony Hourihan, and will report to Steve Cummings, the chairman of the Americas investment banking department.

Here's the full memo from Mr. Cummings:

From: Steve Cummings, Chairman, IBD Americas

Appointment: Americas M&A
I am very pleased to announce today that Laurence Grafstein has agreed to join UBS Investment Bank as a Managing Director and co-head of M&A in the Americas. He will be based in New York and will report directly to me. Larry will serve as co-head of M&A along with Marc-Anthony Hourihan.

Larry joins UBS from Rothschild Inc. where he currently serves as an Executive Vice Chairman and until recently was the co-head of M&A. Prior to Rothschild, Larry served as the co-head of Technology, Media and Telecommunications at Lazard and the global head of Telecommunications at Credit Suisse.

In his more than 20 years on Wall Street, Larry has advised on approximately $600 billion of completed advisory transactions. Recently he has advised Comverse on its pending merger with Verint and its spin-off of CNS; Sprint on the restructuring of its relationship with Clearwire; Level 3 in its merger with Global Crossing; Creative Artists Agency on its strategic partnership with TPG; the governments of Canada and Ontario on their investments in General Motors and Chrysler; Essilor on its acquisition of FGX; and Bitstream on its spin-off of MSDH and combination with Monotype.

In addition, Larry has advised a number of governments around the world. He was involved in the landmark privatizations of Telefonos de Mexico and Telstra, and has provided advice on some of the most complex and significant valuation and restructuring situations, including WorldCom MCI, Nortel, Nextel Partners, LIN, and Charter Communications.

Continuing to add to the leadership talent across the IB was identified as a high priority for the firm in 2012. The addition of Larry to our M&A team is evid ence of our progress in achieving this goal.

Please join me in welcoming Larry to UBS.



UBS Hires Grafstein as Co-Head of Americas M.&A.

UBS has hired Laurence Grafstein, a veteran deal maker, as a co-head of mergers and acquisitions in the Americas, the Swiss bank announced Tuesday in an internal memorandum reviewed by DealBook.

Mr. Grafstein will be joining from Rothschild, where he previously served as a co-head of mergers and acquisitions and was most recently an executive vice chairman. Before joining Rothschild in 2009, he had worked at Lazard and Credit Suisse. (He also was part of the investor group that sold The New Republic, the American political magazine, to Chris Hughes, the onetime Facebook executive, earlier this year.)

His hiring is the latest part of UBS' effort to rebuild and expand its investment-banking franchise, after a number of senior deal makers departed. Among the high-ranking bankers whom the firm has hired in recent years is Andrea Orcel, who left Bank of America to become the Swiss firm's co-head of investment banking.

At UBS, Mr. Grafstein will work alongside the other co-head, Marc-Anthony Hourihan, and will report to Steve Cummings, the chairman of the Americas investment banking department.

Here's the full memo from Mr. Cummings:

From: Steve Cummings, Chairman, IBD Americas

Appointment: Americas M&A
I am very pleased to announce today that Laurence Grafstein has agreed to join UBS Investment Bank as a Managing Director and co-head of M&A in the Americas. He will be based in New York and will report directly to me. Larry will serve as co-head of M&A along with Marc-Anthony Hourihan.

Larry joins UBS from Rothschild Inc. where he currently serves as an Executive Vice Chairman and until recently was the co-head of M&A. Prior to Rothschild, Larry served as the co-head of Technology, Media and Telecommunications at Lazard and the global head of Telecommunications at Credit Suisse.

In his more than 20 years on Wall Street, Larry has advised on approximately $600 billion of completed advisory transactions. Recently he has advised Comverse on its pending merger with Verint and its spin-off of CNS; Sprint on the restructuring of its relationship with Clearwire; Level 3 in its merger with Global Crossing; Creative Artists Agency on its strategic partnership with TPG; the governments of Canada and Ontario on their investments in General Motors and Chrysler; Essilor on its acquisition of FGX; and Bitstream on its spin-off of MSDH and combination with Monotype.

In addition, Larry has advised a number of governments around the world. He was involved in the landmark privatizations of Telefonos de Mexico and Telstra, and has provided advice on some of the most complex and significant valuation and restructuring situations, including WorldCom MCI, Nortel, Nextel Partners, LIN, and Charter Communications.

Continuing to add to the leadership talent across the IB was identified as a high priority for the firm in 2012. The addition of Larry to our M&A team is evid ence of our progress in achieving this goal.

Please join me in welcoming Larry to UBS.



For Growth, Better Coordination on Bank Regulation Is Needed

Mohamed El-Erian is the chief executive of Pimco.

It is happening once more. For the third time in less than a decade, inadequate coordination â€" among government entities, as well as across national borders â€" means that the United States may again strike the wrong balance between financial soundness and economic growth.

The first costly episode is well known by now. In the run up to the 2008 global financial crisis, lax regulation and sleepy supervision fueled a leverage-driven bank quest for greater profits, including through the large-scale shifting of activities to unregulated and undercapitalized areas.

Profits rose, compensation packages soared, and analysts took for granted abnormally high returns on bank capital. In the process, the banking system fell into the trap of believing that the exchange of an ever-expanding universe of structured products constituted a sustainable business model. It forgot that it is part of a financial service in dustry whose raison d'etre is to finance productive activities in the real economy.

The resulting explosion of “shadow banking” and proliferation of “too big to fail” institutions helped push the world to the edge of an economic depression. And while enormous human suffering was averted by unprecedented policy actions, which substituted the public balance sheet for a rapidly deleveraging banking system (thus socializing huge losses after the enormous privatization of gains), society suffered nevertheless â€" including through the rise in unemployment and mortgage delinquencies.

Taxpayers â€" especially in finance-dependent countries like Britain, Iceland, Ireland, Spain, and the United States â€" were encumbered with enormous bills. Weak growth and a dismissal job situation made things worse, tipping some European into a vicious spiral of economic, financial, political and social dislocations.

The second episode is less well known yet also consequen tial. Widespread bank bankruptcies were averted by more than just the aggressive use of public finances. Banks also benefited from “unconventional monetary policy” that artificially lowered the cost of and increased access to stable financing.

The beneficial impact on bank profitability was accompanied by insufficient safeguards â€" from lax conditionality to astonishingly little appetite to tax banks' windfall profits. Not surprisingly, banks quickly reverted to some unfortunate old habits â€" the most visible being the re-emergence of large compensation packages. And as bankers regained their swagger, hubris resurfaced, together with tone deafness and too little appreciation for the scale and scope of exceptional public support.

The result was another blow to what remained of bank credibility. Popular anger was exacerbated by the perception that, rather than lend to credit-rationed firms, banks were happy to simply deposit their excess reserves with the Fed eral Reserve, especially now that the Fed was paying interest.

We are now in a third episode characterized by regulatory catch-up. This is a good thing overall; but it is insufficiently coordinated and is yet to be accompanied by sufficient measures to offset the reluctance of banks to lend to the real economy.

With banks involved in the scandal involving the London interbank offered rate, allegations of money laundering, lax risk management and inadequate disclosures, regulators are getting better at countering shortfalls in banking activities â€" some that have threatened the integrity of the market system, others that have distorted price discovery, misallocated capital and undermined national security.

But these efforts appear poorly coordinated among regulatory agencies, as well as across national borders. Moreover, greater oversight and enforcement are not the only factors deleveraging banks. Markets are also imposing greater discipline, if only becau se they realize that the public sector now has limited willingness and ability to again bail out the banking sector.

In this context, banks' natural reaction will be to retrench further, de-globalize more and curtail credit to an even greater extent. As a result, new investments in plant and equipment will be insufficiently financed, as will hiring.

This does not mean regulators should allow bank lapses. But it does point to the need for much better coordination, including in establishing robust credit pipelines. Some involve just the private sector. Others encompass public-private partnership and, in some areas (particularly pockets of basic infrastructure financing), the public sector needs to take the lead.

It is not too late to avert a third mistake through a major interagency effort, pushed by both the administration and Congress, and better international coordination. Lacking that, America would again strike the wrong balance between bank soundness and economic growth. And society would suffer once more.



Fred Wilson: Relax, Venture Investors Are Supposed to Sell

There is a lot of sturm und drang out there in the worlds of social media, finacial media, and just plain media about all the lockups coming off and all the insider selling going on in some big internet stocks. As someone who has played this game a few times, I tought I'd post some thoughts about this.

First and foremost, this post has nothing to do with what USV has done, might do, or is thinking about doing with specific stocks we might own or not. That's a disclaimer for those who aren't familiar with one.

When a venture backed company goes public and is worth billions (or even hundreds of millions), the investors who provided the early capital to that company are going to be sitting on a lot of stock. They can easily own 15-20% or more of these companies. But even if they own less than 10% (as Accel Partners does in Facebook), they can be looking at billions of dollars of value.

It is an investors job to return capital. I will say that again. It is an investors job to return capital. That is how we are measured. Paper gains are fine. But at the end of the day, an investor will be measured by the amount of cash or liquid stock they return divided by the amount of cash that was invested in their fund. A multiple of three is good for a venture capital fund. A multiple of five is great. A multiple of ten is once a decade.

When an investor is looking at a single holding being worth three, five, or possibly ten times their entire fund, you can be sure they are looking to lock in that gain. That's a recipe for fantastic performance and the downside of not locking that in is a lot bigger than the upside of another one or two times their fund size.

And then there's the question of whether venture capital firms are good public market investors and whether they should be managing/holding public stocks. I don't have any hard data here, but my anecdotal data says that we are terrible public market investors. That is why many VC firms have a policy of moving the public stocks out of their portfolios as quickly as they can.

I think that is a good policy. Venture capital is about capturing the value between the startup phase and the public company phase. Others should be focused on capturing the value post the public offering.

So let's go back to the expiration of lockups and the waves of insider selling that result. This is to be expected and in fact is expected by the public markets. Look at all of the short positions that get built up in the locked up newly minted public companies in the weeks before the lockups come off. Investors know that a ton of stock is going to hit the markets and they make bets that it will impact the stock price and in most cases it does impact the stock price. As JLM likes to say "this generation did not invent sex." This has been going on since I got into the venture capital business in the mid 80s and I expect its been going on for a lot longer than that.

So to all the folks out there who are shocked and outraged at all the insider selling going on, I would suggest they park their outrage at the door of capitalism. Those who took the risk of losing all the capital they bet on 20 year old Mark Zuckerberg are entitled to their return. And they will get it. And anyone who thinks otherwise has their head in the sand.



Restoring Trust in the Futures Market

James E. Oliff is a member of the board of FFastFill and of the CME Group, where he previously served as vice chairman. Neal L. Wolkoff was formerly the chairman and chief executive of the American Stock Exchange, chief operating officer of the New York Mercantile Exchange and chief executive of ELX Futures.

The recent failures of MF Global and Peregrine Financial, and the reported manipulation of the Libor benchmark for interest rates, could not have come at a worse time for the risk management industry. Severe weather problems in our major agricultural areas, uncertainty in the European and United States financial systems, a stubborn low-growth economic environment, instability in the Middle East that threatens energy supplies, and slower growth in China and Asia all spell the pressing need for a reliable and trustworthy risk management industry.

Lack of public confidence in our market structure and its oversight, however, have made firms wary of using risk management tools. The erosion of the public's trust in how the futures and derivatives markets work is more extreme than at any time in our long careers.

Things can be made better â€" much better.

There is an immediate need to restore public confidence in the safety of customer funds. We must make it very clear that any breach of trust with client funds - whether intentional, reckless or even inadvertent - will not be tolerated and will be prosecuted. Corporate executives must be held personally responsible for the sanctity of customer funds.

At the same time, we have to look at the system as a whole - not only laws and regulations, but also our underlying values and the incentives for public service.

There is clearly a crisis of confidence in the financial industry. Winning at all costs, short-termism and materialism have become the new normal. The financial industry is not unique; indeed, our society values immediate gratification, and we worship ma terial things. We demand solutions that make things go faster and with less effort. We look to operate on the edge and then try to avoid responsibility when we go over it.

At one time, we placed a high value on government service that encouraged the best and the brightest to enter public service. Unfortunately, our system discourages these people from service as a result of low pay and the intrusiveness of our confirmation demands. To enhance the quality of our regulatory structure, we need to attract gifted individuals coming out of our schools as well as experienced professionals in the workplace.

We propose three immediate changes with long-term benefits:

1. Integrate ethics education into the core curriculum at colleges and graduate schools and in each licensed profession. You can never have too much. Encourage a culture of service as a value; allow crucial agencies to take a page from the military handbook and offer school loan forgiveness, education b enefits or income exclusions from taxes to top candidates for a significant commitment to government service. And we must provide incentives to practicing professionals to enter the public arena.

2. Strengthen the regulatory system by bringing an intelligent, skillful and willing army of dedicated market professionals and investor advocates into the regulatory process to frame rules with a simple, single-minded focus on transparency and integrity, as exemplified by the terms of the recent settlement with Barclays over the London interbank offered rate.

3. Encourage long-term thinking and investment. Identify the unintended incentives that have found their way into the tax and regulatory system over the years that make us less productive and the markets less safe. Prod long-term thinking with tax policy that encourages corporate investment and rewards individual long-term investments.

We have had many failures that have harmed confidence in the financial sys tem. Firms have looked at customers as sources of profit instead of in the fiduciary capacity that our system intended.

To restore that confidence, we need to demand greater transparency, real-time monitoring and certainty of individual and corporate responsibility.

No solutions require a wholesale restructuring of the regulatory system. Instead, we need new thinking and clarification of the laws already on the books.

Restoring trust will take time and involve a concerted effort by the clergy and academia to correct a misguided value system. That may really be a generational solution, but we believe the best time to start is now.



S.E.C. Pays Out First Whistle-Blower Reward

Federal securities regulators said Tuesday that they had handed out its first reward under a new whistle-blower program, paying nearly $50,000 to a person who helped the agency shut down an investment fraud.

An unnamed recipient provided documents and other data to the Securities and Exchange Commission in the case. The commission said that the information helped it prevent new victims from being ensnared in a fraud scheme.

Under a new law, the S.E.C. cannot disclose any additional information about the firm involved, including what information the whistle-blower provided to the commission. But the S.E.C. did say that the case led to more than $1 million in sanctions, of which $150,000 has so far been collected.

The whistle-blower reward program was authorized by the Dodd-Frank financial overhaul. The $50,000 award represents roughly 30 percent of the amount collected, the maximum payout under the new program. If the court increases the sanction, and more money is collected, the payout is expected to increase, the S.E.C. said.

“This whistle-blower provided the exact kind of information and cooperation we were hoping the whistle-blower program would attract,” said Robert Khuzami, the S.E.C.'s head of enforcement. “Had this whistle-blower not helped to uncover the full dimensions of the scheme, it is very likely that many more investors would have been victimized.”

Apparently, the S.E.C. distinguishes between high-quality tips and those that are less helpful. According to the release, a second individual who sought an award in this case was denied any compensation because the tip didn't advance the case.

The program, which is a year old, is bringing in eight tips a day, the S.E.C. said.

“The fact that we made the first payment after just one year of operation shows that we are open for business and ready to pay people who bring us good, timely information,” said Sean McKessy, head of the S.E .C. whistle-blower program.



Antenna Company Raises $12 Million From Bill Gates and Lux Capital

Intellectual Ventures may be best known for its huge archive of patents and its willingness to pursue lawsuits in defense of those patents, but it's also a part-time incubator to promising start-ups.

On Tuesday, the firm announced that it was spinning off Kymeta, an antenna technology company, which itself has just announced that raised $12 million in financing from Bill Gates, the co-founder of Microsoft, Liberty Global and Lux Capital.

The start-up uses a lightweight material called metamaterials to produce antennas designed to improve satellite connections used for broadband Internet.

“Metamaterials were an early focus for I.V., so the spinout of Kymeta marks an important milestone in our invention work,” Casey Tegreene, an Intellectual Ventures executive vice president, said in a statement on Tuesday. “As groundbreaking as it is, though, the satellite antenna technology behind Kymeta only scratches the surface of what metamaterials can do.”

It is the second business to spin out of Intellectual Ventures, which operates in a controversial sector in Silicon Valley. The company owns and licenses tens of thousands of patents and goes after companies that violate its intellectual property, prompting some of its critics to call them a “patent troll.”

Intellectual Ventures has received financing from industry giants like Microsoft, Apple and Cisco.  Besides Kymeta, the firm incubated TerraPower, a nuclear power start-up (also backed by Mr. Gates) that became an independent company in 2008.



The Winning Record of Prosecutors of Insider Trading

The conviction of the hedge fund manager Douglas F. Whitman brings the record of the United States attorney's office for the Southern District of New York to 8-0 in insider trading cases that have gone to trial since the wide-ranging investigation came to light in October 2009. By any measure, that is quite an accomplishment, as prosecutors, led by Preet Bharara, have squared off against some very talented white-collar defense lawyers.

The Justice Department will not go undefeated forever, as the New England Patriots learned in 2007. But the message to defendants caught up in cases involving incriminating wiretap evidence should be clear by now: the chances of persuading a jury to acquit on all charges looks to be quite low, while cooperation with prosecutors can bring significant benefits.

The F.B.I. disclosed in February that it had identified 120 targets, or people likely to be charged, in current insider trading investigations. It is not clear how many cas es involve wiretap evidence, but prosecutors are sure to try to obtain it whenever possible to keep the winning streak alive.

A jury on Monday convicted Mr. Whitman on four counts of securities fraud and conspiracy, based on receiving confidential information about Marvell Technology, Google and Polycom. The government says the tips generated over $900,000 in profits for his firm, Whitman Capital in Menlo Park, Calif. Under federal sentencing guidelines, the recommended sentence for Mr. Whitman is about 4 to 5 years, based on the trading profits and other factors.

In addition to recordings in which he discussed the companies, three cooperating witnesses testified against him. The key witnesses for the prosecution included the first appearance of Roomy Khan, a central figure in the investigation that led to the conviction of Raj Rajaratnam.

Mr. Whitman's defense team tried to attack the government's witnesses, particularly Ms. Khan, as self-serving liars. H is lawyers also contended that he acted in good faith in analyzing stocks, which led him to make investment decisions unrelated to any inside information.

Unlike the other insider trading defendants, he was the first to testify in his own defense, trying to establish that the information was not material to him and so he did not violate the law.

The jury decided the case after less than a day of deliberations, clearly rejecting Mr. Whitman's version of events by returning a guilty verdict. Many other defendants in recent trials received similarly quick verdicts against them, a testament to the strength of the government's evidence.

A variety of defenses have been offered in the trials to try to refute the insider trading charges, all to no avail. Mr. Rajaratnam claimed the information he had received was not material to his trading, although he did not testify at his trial.

Rajat K. Gupta, the former Goldman Sachs director who was convicted of tippi ng off Mr. Rajaratnam, pointed to other potential sources of the inside information to argue that prosecutors had not met the burden of proving guilt beyond a reasonable doubt.

James Fleishman, who ran an expert network firm, offered the defense that he was unaware that outside consultants were breaching their duties by disclosing confidential information.

Winifred Jiau, a technology consultant and one of the first outside experts convicted, claimed the information she dispensed was also not material, when recordings showed her talking to hedge funds about earnings at Nvidia and Marvell Technology before they were announced. The jury did not buy that argument, however.

The problem for those recorded discussing a company's prospects is that their statements at the time belie subsequent claims of ignorance, good faith or the unimportance of the confidential information.

It is as if the defendants were called as witnesses to prove the government's case - their own words have proved to be so damning that the testimony of cooperating witnesses has been more like the icing on the cake than the centerpiece of the prosecution. A defendant's decision whether to testify does not seem to have any appreciable effect on the outcome, as Mr. Whitman's conviction shows.

How long can the federal government's winning streak continue? Its sterling record will have to survive appeals of the convictions, the most important being Mr. Rajaratnam's challenge to wiretapped evidence.

If the United States Court of Appeals for the Second Circuit finds that the government did not meet the requirements of the Wiretap Act when it sought authorization to listen to Mr. Rajaratnam's telephone conversations, then some convictions tied to his case are likely to be overturned.

The more immediate issue is what prison terms those convicted will receive.

Judge Jed S. Rakoff of Federal District Court in Manhattan has a central role bec ause he presided over the trials of Mr. Gupta and Mr. Whitman and will sentence them later this year.

Judge Rakoff has already expressed skepticism about the federal sentencing guidelines and the government's recommendations of lengthy sentences for Ms. Jiau and Mr. Fleishman.

At Ms. Jiau's hearing, he criticized “the mirage of something that can be obtained with arithmetic certainty” in the sentencing calculations based largely on the gains from the trading. He gave her a 48-month prison term, well below the 10-year sentence prosecutors sought.

Mr. Fleishman received a 30-month prison term, also far below the 108-month sentence recommended by prosecutors.
But compare those sentences to what some of the cooperators have received. Anil Kumar, who testified against Mr. Rajaratnam and Mr. Gupta, and Adam Smith, a trader at Mr. Rajaratnam's hedge fund who spoke against his former boss, each received two years' probation. That is quite a discount for those willing to come in and help convict others.

Even though Judge Rakoff has a penchant for sentencing below the recommended punishment, he is also more than willing to impose a prison term for insider trading. Defendants convicted in an insider trading trial appear to have little hope of avoiding time in a federal correctional institution, given the record so far.

Peter J. Henning, who writes White Collar Watch for DealBook, is a professor at Wayne State University Law School.



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Obama Still Has Well-Heeled Friends on Wall Street

Not all hedge funders are switching to Team Romney. True, 70% of hedge fund employee money has gone to Republicans in the 2012 election cycle, up from 33% in 2008, according to the Center for Responsive Politics, and Mitt Romney's list of bundlers includes at least 31 industry names. But at least 25 people involved in hedge funds (including investors in them) are fundraising for Barack Obama, according to an analysis of names released by the campaign for the second quarter.

Several big new fundraisers and donors have joined the list compiled by AR in October. They include Scott Nathan, managing director and chief Risk officer at Boston-based Baupost Group, who has bundled at least $500,000; Lynn Meredith, wife of Austin-based fund of funds Meritage Capital founder Tom Meredith ($50,000-$100,000); Wim Kooyker, chairman of New Jersey-based Blenheim Capital Management ($50,000-$100,000); and Jim Chanos of New York-based Kynikos Associates ($200,000 to $500,000).

They join the list of Obama boosters that includes long-time Democratic donors David Shaw, founder of New York-based D. E. Shaw & Co. ($200,000-$500,000); Orin Kramer of New York-based Boston Provident ($500,000+); Marc Lasry of New York-based Avenue Capital Group ($100,000-$200,000); Eric Mindich of New York-based Eton Park Capital Management ($50,000-$100,000); and Tom Steyer of San Francisco-based Farallon Capital Management ($50,000-$100,000).

Below are hedge fund industry names AR found on Obama's list of bundlers as of the end of June, combined with a list from the Center for Responsive Politics that includes total political donations to all federal candidates, parties and political action committees since 1990-a combined $13.6 million.

Name

Alice & Bill Mahoney

Michael Sacks

Stephen Robert

Tom Steyer

Naomi Aberly (wife of ex-HBK chairman Larry Lebowitz)

Lynn Meredith (wife of Meritage Capital founder Tom Meredith)

Judith-Ann Corrente & Wim Kooyker

Joseph Gutman

Employer

City

State

Minimum

Maximum

Contributions since 1990

Scott Nathan

Baupost Group

Boston

MA

$500,000

Undisclosed

$1,002,699

Marc Lasry

Avenue Capital

New York

NY

$500,000

Undisclosed

$849,906

Orin Kramer

Boston Provident

New York

NY

$500,000

Undisclosed

$656,230

Hamilton James

Blackstone Group

New York

NY

$500,000

Undisclosed

$344,250

Les Coney

Mesirow Financial

Chicago

IL

$500,000

Undisclosed

$54,468

Brian Mathis

Provident Group

New York

NY

$500,000

Undisclosed

$7,900

Beth & David Shaw

DE Shaw Research

New York

NY

$200,000

$500,000

$1,181,648

Frank Brosens

Taconic Capital Advisors

New York

NY

$200,000

$500,000

$736,175

James Chanos

Kynikos Associates

New York

NY

$200,000

$500,000

$687,900

Investor (ex-Bridgewater Associates)

New Canaan

CT

$200,000

$500,000

$674,126

Jim Torrey

Torrey Funds

Greenwich

CT

$200,000

$500,000

$498,940

Jonathan Burgstone

Symbol Capital

San Francisco

CA

$200,000

$500,000

$135,650

Grosvenor Capital Management

Winnetka

IL

$200,000

$500,000

$12,000

Source of Hope Foundation (ex-Renaissance Technologies)

New York

NY

$100,000

$200,000

$593,363

Cappy McGarr

McGarr Capital

Dallas

TX

$100,000

$200,000

$445,300

Chad Leat

Citigroup

New York

NY

$100,000

$200,000

$129,050

Jewelle Bickford

Genspring Family Offices

New York

NY

$100,000

$200,000

$27,400

Farallon Capital Management

San Francisco

CA

$50,000

$100,000

$1,166,850

TIFF Advisory Services

Dallas

TX

$50,000

$100,000

$933,133

Meredith Family Investments

Austin

TX

$50,000

$100,000

$830,274

Blenheim Capital Management

New York

NY

$50,000

$100,000

$829,208

Grosvenor Capital Management

Chicago

IL



Best Buy\'s Tough Earnings May Lift Schulze\'s Hopes a Little

Best Buy‘s second-quarter earnings are in, and they are rough.

The company's operating income slid 52 percent from the same time last year, to $124 million. And its earnings per share from that operating income dropped to 20 cents a share, badly missing the average analyst estimate of 31 cents a share, according to Thomson Reuters.

And in a worrying sign for investors, it has suspended its stock repurchases and will refrain from giving out earnings guidance for the rest of the year. Furthermore, it doesn't have much of a financial cushion, with its cash plunging 67 percent from the year-ago period to just $680 million. It expects to generate about $1.25 billion to $1.5 billion in free cash flow for its current fiscal year.

The steep slide in Best Buy's shares in premarket trading - down 8.8 percent so far - may give the struggling retailer's founder, Richard Schulze, hope in his quest to buy back the company. He has argued that Best Buy needs to start t alking with him now, before it loses even more value.

People close to the company, however, have countered that his proposal, worth up to $8.8 billion, simply doesn't seem financially feasible. Such a bid, they say, would require too much debt and a surfeit of equity capital that they don't believe he can raise.

Arguably, Mr. Schulze helped lift Best Buy's stock by coming public: Since he unveiled his takeover offer on Aug. 8, the company's shares have risen, though they remain well below his preliminary offer of $24 to $26 a share.

And so far, investors appear unhappy with the retailer's pick to lead its own turnaround plan, the former hospitality executive Hubert Joly. Shares in Best Buy plunged more than 10 percent on Monday, after his hiring was announced.

Best Buy is likely to argue on its earnings call that Mr. Joly is a proven corporate turnaround expert, with experience in helping to resuscitate both Vivendi and Electronic Data Systems. It wi ll probably ask for time to carry out its plan to revitalize its operations on its own. And, for what it's worth, it will argue that its sales come primarily from the back half of any given year, as many retailers do.

The bigger question is whether investors will give them the time to pull itself together.



Citigroup\'s Chief Challenges Idea of Breakup

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Glencore Holds Firm on Price for Xstrata

LONDON - Ivan Glasenberg, chief executive of the commodities trading company Glencore, on Tuesday played down speculation that his company would pay a higher price for its proposed $30 billion takeover of the mining giant Xstrata.

Qatar Holding, the Middle Eastern sovereign wealth fund, has increased its stake in Xstrata to around 12 percent since the deal was first announced this year, and is demanding that Glencore increase its bid.

Speaking as part of the company's first half earnings report, Mr. Glasenberg of Glencore questioned the motives of Qatar Holding, the second largest shareholder in Xstrata behind Glencore, for increasing its stake in the mining company. Mr. Glasenberg added that he would not overpay to acquire Xstrata.

“If it doesn't happen, it's not the end of the world,” Mr. Glasenberg told reporters on Tuesday. “It's not the only deal that can be done.”

The move comes less than a month before Xstrata's investors vote on Sept . 7 on Glencore's all-share offer for the mining company, which would create one of the world's largest commodities firms.

Questions about whether Glencore will increase its offer have dogged the proposed deal since it was first announced earlier this year. A number of shareholders in Xstrata already have balked at Glencore's offer, which includes 2.8 shares in the commodities trader for every share in Xstrata. Qatar Holding, for instance, wants it to increase its bid to 3.25 shares for every Xstrata share.

Glencore already owns a 34 percent stake in the mining company, and the takeover is supported by both companies' boards. The companies need the support of at least 75 percent of their individual shareholders to complete the transaction.

The union of Glencore and Xstrata had been expected for some time. Last year, Glencore raised $10 billion through an initial public offering, saying that it planned to use some of the cash to expand through acquisitions.

Analysts had expected the commodities trader to increase its bid slightly to win investors' support, though Qatar Holding's demands may prove to be too costly.

“We reiterate our view that risk of deal break remains high,” Ash Lazenby, a mining analyst at Liberum Capital in London, said in a research note to investors on Tuesday.

Since the deal was proposed in February, the world's mining companies have been hit by falling demand in many of the world's emerging economies, as the knock-on from the European debt crisis affects global industrial production.

Declining demand for many of the world's commodities has led to a fall in shares prices for both Glencore and Xstrata. Stock in the commodities trader has dropped 23 percent since the acquisition was announced, while shares in Xstrata had fallen 28 percent over the same period.

In the first half of the year, Glencore's net income fell 26 percent, to $1.8 billion, compared to the same period in 2011, beating analysts' estimates.

“We neither anticipate nor assume any material improvement in overall market or economic conditions in the near term,” Mr. Glasenberg said in a statement.



Morning Take-Out

TOP STORIES

Investors in Health Care Seem to Bet on IncumbentInvestors in Health Care Seem to Bet on Incumbent  |  Who is going to win the presidential election? You might want to ask Mark T. Bertolini, Andrew Ross Sorkin writes in the DealBook column. He just bet $5.7 billion on President Obama.

Mr. Bertolini is the chief executive of Aetna, which on Monday agreed to acquire Coventry Health Care, a huge provider of Medicare and Medicaid programs. His $5.7 billion bet makes a lot of sense if you believe that the Affordable Care Act - otherwise known as Obamacare - will not be repealed.

Mitt Romney has pledged to repeal the act “on my first day if elected,” so any gamble that Obamacare stays i ntact could be fairly described as a wager that President Obama will remain in office.

At a time when so many in the business community appear to be supporting Mr. Romney, it is telling that some businessmen and investors expect a different result - and are wagering more than rhetoric; they are staking their wallet on it.
DealBook '

Examining the Ponzi Scheme Through the Mind of the Con Artist  |  Maybe “Ponzi scheme” should have its own spot in the Dewey Decimal System. Along with biographies of the schemers, a growing stack of scholarly references, legal tomes and articles aims to collect knowledge about this age-old crime.

But the latest entry in the category, “The Ponzi Scheme Puzzle: A History and Analysis of Con Artists and Victims” by Tamar Frankel, takes a different approach. While Professor Frankel is a legal scholar who has been on the faculty of the Boston University Law School since 1968, her book explores the psychology of the financial criminals and what makes them tick. She was inspired by a colleague who referred to them as “those mimics of trustworthiness: con artists.”

Professor Frankel spoke with DealBook about the mind-set of the con artist, as well as the role that victims and society play. Her conclusions will not comfort Ponzi victims; she faults them for their gullibility and failing to “do their homework.” She finds, too, that society has a profound ambivalence toward con artists despite the vicious nature of their crimes - which, she notes, on rare occasions have even included murder.
DealBook '

DEAL NOTES

Apple's Valuation Sets a Record for Public Companies  |  Apple's marke t value rose to $623.52 billion on Monday, the most that a public company has ever been valued, the Bits blog writes. The previous record for market capitalization, $616.34 billion, was set by Microsoft in late 1999, at the height of the technology bubble.
NEW YORK TIMES BITS

European Central Bank Rejects Speculation About Its Plans  |  The Continent's central bank issued a rare rebuke in an effort to tamp down speculation that it might act more aggressively to control borrowing costs for countries like Spain, The New York Times reports. “It is absolutely misleading to report on decisions which have not yet been taken,” the central bank said.
NEW YORK TIMES

Flying Private to Save Time  |  The private jet industry ha sn't received much love in the aftermath of the financial crisis. But some executives now defend their use of private aircraft for flying to smaller cities. “Commercial air is more cost-efficient, but private is a massive timesaver,” Mark Dowley, an executive for a private equity firm, told The New York Times. “I'm very judicious with the private flying time, though, to manage the cost.”
NEW YORK TIMES

Mergers & Acquisitions '

With New Chief, Best Buy Tries to Set Its Own Turnaround  |  Best Buy, the struggling electronics retailer aiming to turn around its fortunes, announced Monday that it had hired the chief executive of the hospitality company Carlson as its new leader. Best Buy is scheduled to report earnings on Tuesday, when it is expected to provide more details about its tu rnaround plans.
DealBook '

Glencore Says Xstrata Deal Is Not a ‘Must-Do'  |  Facing a challenge from a Qatari sovereign fund over his deal to acquire Xstrata, the chief executive of Glencore appeared exasperated on Tuesday, saying the transaction was “not a must-do deal,” Reuters reports.
REUTERS

Barclays Discusses a Possible Tie-Up in Africa  |  Barclays and the Absa Group of South Africa said they were in talks to combine their African units, but noted they weren't certain the discussions would lead to a deal, Bloomberg News reports.
BLOOMBERG NEWS

Aetna Shares Rise as Investors Applaud Coventry Deal   |  Shares of Aetna jumped as much as 5 percent on Monday after the company announced its $5.7 billion planned takeover of Coventry Health Care, as investors applauded the move toward more industry consolidation.
DealBook '

Greenlight May Have Benefited From Coventry Deal  |  The hedge fund Greenlight Capital recently disclosed that it bought 6.66 million shares of Coventry in the second quarter, setting it up for a profit of $72 million, Bloomberg News reports.
BLOOMBERG NEWS

Details Emerge of Micron's Plan for Elpida Memory  |  Elpida, the bankrupt Japanese semiconductor maker that is being bought by Micron, will receive about $3.5 billion in support from its acquirer, the Asahi newspaper reported, accord ing to Bloomberg News.
BLOOMBERG NEWS

Kinder Morgan to Sell Assets to Tallgrass for $1.8 Billion  |  Kinder Morgan Energy Partners has agreed to sell some pipeline and processing properties to Tallgrass Energy Partners for about $1.8 billion in cash, in the latest asset sale by the company in the wake of its takeover of the El Paso Corporation.
DealBook '

British Phone Company Said to Pursue Sale of Spectrum  |  Everything Everywhere, the British mobile phone operator, is in advanced talks with Three, a rival networked owned by Hutchison Whampoa, to sell part of its spectrum holdings, under pressure from European authorities, The Financial Times reports, citing unidentified people with knowledge of the discussions.
< span class="elsewhere"> FINANCIAL TIMES

Shares of Asian Brewer Soar on Heineken Offer  |  After Heineken struck a sweetened deal for Asia Pacific Breweries, shares of the Asian brewery rose to a record.
REUTERS

INVESTMENT BANKING '

Citigroup's Chief Challenges Idea of a Breakup  |  Vikram S. Pandit, the chief executive of Citigroup, appeared to reject an argument by his predecessor, Sanford I. Weill, that big banks should split up. “What's left here is essentially the old Citicorp,” he told The Financial Times. “That's a tried and proven strategy. Why did it work? Because it was a strategy based upon operating the business and serving clients and not a strategy based on deal making. Th at's the fundamental difference.”
FINANCIAL TIMES

Financier Gets Nod as One of 2 Women Admitted to Augusta National  |  Breaking an 80-year-old ban against admitting female members, the Augusta National Golf Club turned to two women with distinguished careers. One is Darla Moore, a former banker turned financier whose negotiating toughness is the stuff of legend.
DealBook '

Contrasting Banking Styles Foster Turmoil in Spain  |  A clash of cultures between the traditional Spanish savings banks, or cajas, and the recent euro-based banking economy “helped bring the country's banking industry to the brink of collapse,” The New York Times reports.
NEW YORK TIMES

Berkshire Hathaway Said to End a Bet on Municipal Bonds  |  Warren E. Buffett's Berkshire Hathaway has terminated credit default swaps insuring $8.25 billion of municipal debt, ending a bullish bet five years ahead of schedule, The Wall Street Journal reports, citing a regulatory filing and an unidentified person familiar with the transaction.
WALL STREET JOURNAL

With Dimon's Record Tarnished, Wall Street Lacks a Champion  |  No prominent financier has stepped up to replace Jamie Dimon as the industry's ideological leader in the debate over additional regulation, Bloomberg News writes.
BLOOMBERG NEWS

Swiss Banks Face Crisis of Morale  |  Employees of some Swiss banks are none too pleased that their names were provided to United States officials amid an investigation into possible tax evasion, The Wall Street Journal reports. “The employees feel they are being betrayed,” Denise Chervet, general secretary of the Swiss banking personnel association, or ASEB, told the newspaper.
WALL STREET JOURNAL

UBS Courts Quantitative Hedge Funds  |  UBS is starting a unit that combines services from its prime brokerage and direct-execution trading businesses, in an effort to attract clients among quantitative hedge funds, Bloomberg News reports.
BLOOMBERG NEWS

Why One Customer Has Stuck With Bank of America  |  Ann Carrns writes on the Bucks blog in response to readers who que stioned her decision to bank with Bank of America: “I'm very busy. The bank's online banking system has worked well over all for me. And inertia is a powerful force in the absence of an imperative to act.”
NEW YORK TIMES BUCKS

PRIVATE EQUITY '

Setting the Record Straight on Private Equity  |  Writing in Fortune magazine, Dan Primack clarifies some misconceptions that have cropped up as the private equity industry has become a topic of debate in this year's presidential race.
FORTUNE

2 Sovereign Funds Invest in Natural Gas Project  |  Sovereign wealth funds of China and Singapore have each invested about $500 million in a project by Cheniere Energy Partners t o build a plant to prepare liquified natural gas for export, Reuters reports.
REUTERS

Singapore Fund Bids for Hotels Owned by Paulson  |  The Government of Singapore Investment Corporation has offered $1.5 billion for a bankrupt hotel group owned by the hedge fund Paulson & Company, Reuters reports.
REUTERS

K.K.R. to Invest in Chinese Retailer  |  The private equity firm said it would acquire a stake in Novo Holdco, a Chinese clothing retailer, for $30 million, Reuters reports.
REUTERS

HEDGE FUNDS '

Soros Acquires Stake in Manchester United  |  George Soros, the hedge fund billionaire, has taken a 7.85 percent stake in the Class A shares of the English soccer team, whose stock price has been trading below its initial public offering price of $14.
DealBook '

Hedge Fund Clients Request More Money in August  |  Reuters writes: “Client demands to pull money out of hedge funds rose to their second-highest level this year in August, industry data showed, in a sign some investors may be reassessing these freewheeling portfolios after their performance failed to shine.”
REUTERS

Mining Firm's Complaint Against Hedge Fund Is Dismissed  |  A New York state judge threw out a defamation lawsuit filed by the Vancouver-based mining company Silvercorp Metals agai nst the New York hedge fund Anthion Management, which had published documents challenging the mining firm's accounting, Reuters reports.
REUTERS

Some Hedge Funders Play for Team Obama  |  AR Magazine has compiled a list of hedge fund executives who have contributed to the Obama campaign, including James Chanos of Kynikos Associates and Scott Nathan of the Baupost Group.
AR MAGAZINE

I.P.O./OFFERINGS '

Peter Thiel Joins Retreat From Facebook  |  The punishing slide in Facebook's stock since its I.P.O. highlights the difference between two moneymaking cultures: Silicon Valley and Wall Street, The New York Times reports. Although not everyone is running away from th e stock, one prominent director and original investor, Peter Thiel, sold more than 20 million shares, according to a filing with the Securities and Exchange Commission.
NEW YORK TIMES

How Instagram Could Have Cut a Better Deal  |  When negotiating a sale, Instagram's founders could have protected themselves from a decline in Faceook's share value if they had used some common merger tools, the Deal Professor writes.
DealBook '

Banks Said to Agree on New I.P.O. Quiet Period  |  After the JOBS Acts loosened restrictions on banks' ability to publish research on companies they take public, banks have tended to adhere to a new “quiet period” of 25 days, the result of an informal agreement, The Wall Street Journal reports, c iting unidentified lawyers and bankers.
WALL STREET JOURNAL

VENTURE CAPITAL '

A Vaunted Venture Capital Firm Stumbles  |  Henry Blodget writes in Business Insider that Kleiner Perkins, a longtime titan of the Silicon Valley scene, has recently suffered a series of setbacks with investments in Facebook, Groupon and Zynga.
BUSINESS INSIDER

After Microsoft Deal, Yammer Chief Issues Gloomy Forecast for Silicon Valley's Start-Ups  |  David O. Sacks, the chief executive of Yammer, who recently sold his business to Microsoft for $1.2 billion, is suddenly bearish on start-ups. On Saturday, he wrote on Facebook: “I think Silicon Valley as we know it may be coming to an end.”
DealBook '

Video Game Start-Up Goes Under  |  An ambitious start-up called OnLive fired half its staff and sold its assets to creditors under a plan that left its equity investors with nothing, The Wall Street Journal reports.
WALL STREET JOURNAL

LEGAL/REGULATORY '

Regulator Finds Flaws in Audits of Brokerage Firms  |  The New York Times reports: “The many auditors who inspect the financial statements of brokerage firms appear to be cutting corners and not doing all the work they should do, a worrisome sign after the collapse of the Peregrine Financial Group, a leading commodities brokerage firm, where a fraud had gone undetected for many years.”
NEW YORK TIMES

The Treasury's Oversimplified View of Its Mortgage Relief Effort  |  The Treasury Department says the mortgage banks were too messed up to put its anti-foreclosure plans into effect. But how accurate is this version of history?
DealBook '

Hedge Fund Manager Found Guilty of Insider Trading  |  After less than a day of deliberations, a federal jury found Doug Whitman of Whitman Capital in Menlo Park, Calif., guilty of earning about $1 million in illegal profits trading technology stocks, including Google and Polycom.
DealBook '

When the C.E.O. Is Involved in an Insider Trading Case  |  J ames V. Mazzo, the chief of Advanced Medical Optics, may have some legal strategies to defend against insider trading charges by the Securities and Exchange Commission, Peter J. Henning writes in the White Collar Watch column.
DealBook '

Treasury Names Chief of Anti-Money Laundering Unit  |  The Treasury Department named Jennifer Shasky Calvery on Monday as the director of the financial crimes enforcement network, the Treasury unit that combats money laundering and other illicit financial activity.
DealBook '

Wrangling Over Terminology in a Mortgage Case  |  The Wall Street Journal writes: “Exactly what is a subprime mortgage? How a U.S. judge answers that question could determine if three former Freddie Mac executives m isled investors about loans backed by the mortgage giant before it sank.”
WALL STREET JOURNAL



Broker Audits Fall Short

The many auditors who inspect the financial statements of brokerage firms appear to be cutting corners and not doing all the work they should do, a worrisome sign after the collapse of the Peregrine Financial Group, a leading commodities brokerage firm, where a fraud had gone undetected for many years.

Having completed the first review of such brokerage firm audits, the said on Monday that it had found deficiencies in every audit its inspectors reviewed.

“The auditors,” said Jeanette M. Franzel, a member of the board, “were not properly fulfilling their responsibilities to provide an independent check on brokers' and dealers' financial reporting and compliance with S.E.C. rules.”

That does not mean that any of the statements misrepresented the financial conditions of the 23 brokerage firms whose audits were reviewed by inspectors from the board. In most cases, the accounting board concluded that the audit firm had failed to do the necessary work to ensure that the financial statements were accurate or that the firms had sufficient capital.

“In 13 of the 23 audits,” the board reported, auditors “did not perform sufficient procedures to identify, assess and respond to the risks of material misstatement of the financial statements due to fraud.”

Lynn Turner, a former chief accountant of the Securities and Exchange Commission, called the report “mind-boggling” and said it indicated that audit firms had failed to respond to the disclosure of Bernard Madoff's . It was that fraud that led Congress to authorize the oversight board to review audits of brokerage firms.

The Peregrine fraud was uncovered after the National Futures Association, a self-regulator, stopped relying on paper copies of bank records in its own inspections. Peregrine had forged such records for years. Its independent auditor, a one-person firm, did not discover the fraud even though bank accounts are supposed to be confirmed.

A significant question for auditors of brokerage firms to evaluate is whether the brokers are subject to consumer protection rules specifying what can be done with customer money, and, if so, whether they are in compliance with the rules. Generally, brokers who do not handle customer cash are not covered by the rule, and auditors of those smaller firms have been pushing to be exempted from inspections by the accounting oversight board when final rules are established.

Of the 23 firms, 14 claimed to be exempt from the rule, but the board said none of the auditors of those 14 smaller firms had gone to the trouble of establishing whether that was actually the case. It added that auditors for two of the nine bigger brokerage firms had failed to verify that the firms maintained special reserve bank accounts that “were designated for the exclusive benefit of customers and that the account agreements contained the required restrictive provisions.”

The accounting oversight board, which was established by the Sarbanes-Oxley Act a decade ago, initially was authorized only to review audits of companies that issue securities in the public market. Audit firms that audited only broker dealers were not subject to inspection by the board.

That was changed in 2010 by the Dodd-Frank law, as lawmakers reacted to the Madoff scandal, which was carried out through his brokerage firm. The Madoff enterprise was audited by a tiny firm that was not subject to board inspection. The audit firm's principal, David G. Friehling, has since pleaded guilty to nine criminal charges, admitting he did not perform adequate audits.

The new report covers work conducted by 10 audit firms, seven of which were previously exempt from board review because they did not review the financial statements of any public companies.

The board said that about 800 accounting firms perform audits of brokerage firms, and that about 500 of those were previously exempt from board inspection. Most of them could continue to escape board oversight if the board decides against reviewing audits of smaller brokerage firms, as many auditors have urged.

One issue with such audits that emerged in the board report was compliance with independence rules. Auditors of nonpublic companies often essentially prepare the books that they then audit, and that is allowed under the rules of the American Institute of Certified Public Accountants. S.E.C. rules prohibit such practices at public companies or at brokerage firms.

But the board said that auditors of two of the brokerage firms had violated those independence rules by helping in the preparation of the reports that they then audited. “This is of particular concern to the board,” said Jay D. Hanson, a board member, “because we think it is due to a lack of understanding” of the rules. He said that many auditors of small broker dealers had told the board they believed that they were exempt from the S.E.C. independence rules.

Those rules have been around for many years, but there was never before any way to police whether or not they were being obeyed, and it now appears that in many cases they were not.

Other findings of the report included:

¶ Auditors failed to adequately test whether seven of the 23 firms had sufficient capital.

¶ At 10 firms, auditors did not do enough work to identify and assess transactions with related parties.

¶ At 15 firms, auditors “did not perform sufficient procedures to test the occurrence, accuracy and completeness of revenue.

¶ In six of nine audits where auditors needed to review the values of securities, the auditors failed to do enough work to assure that the valuations were reasonable.

¶ Auditors of seven firms “did not perform sufficient audit procedures to test the accuracy and completeness of certain financial statement disclosures.”

Ms. Franzel said that by the end of next year the board expected to have inspected about 100 audit firms and looked at the audits of 170 brokerage firms. She said information gained from such inspections would be used in considering how a permanent inspection program should be conducted.



Obama\'s Approach to Fund-Raising Ruffles Wall St. Feathers

The summer before the 2010 congressional elections, the Democrats' prospects began to look alarmingly weak. On July 28th, President Barack Obama flew to New York City for two high-priced fund-raisers aimed at replenishing his party's war chest, largely with money from Wall Street. For a busy President, such events could be a chore. And Obama had never been a Wall Street type. In 1983, Obama, then a recent college graduate who wore a leather jacket and smoked cigarettes, took a job on the periphery of New York's financial sector: for a year, he worked for Business International, a firm that produced economic trade reports for multinational companies. According to Obama's mother, he told her that this foray into the corporate world amounted to “working for the enemy,” as David Maraniss recounts in his new biography, “Barack Obama: The Story.” By the time that Obama ran for President, in 2008, his relations with the financial industry had grown warme r, and he attracted more donations from Wall Street leaders than John McCain, his Republican opponent, did. Yet this good feeling did not last, despite the government's bailout of the banking sector. Many financial titans felt that the President's attitude toward the “one per cent” was insufficiently admiring, even hostile.

The planning for the fund-raisers seemed to underline this estrangement. Obama's first event was a 6 P.M. dinner at the Four Seasons. About forty contributors, many of them from Wall Street, had paid thirty thousand dollars each to dine with him. Some of the invitees were disgruntled supporters who felt unfairly blamed for the country's economic problems, and they wanted to vent about what they considered Obama's anti-business tone. But the President did not have enough time to hear them out-or even share a meal-because after only an hour he was scheduled to leave for the second fund-raiser, at the downtown home of Anna Wintour, the editor of Vogue. At the Four Seasons, the President could spend about seven minutes per table, each of which accommodated eight donors. This was fund-raising as speed-dating.

The President's staff knew that Obama wouldn't have a moment to eat properly that day, and that it would be hard for him to do so while being the focus of attention at the fund-raisers. So time was set aside at the Four Seasons for Obama to grab a bite, in a “ready room,” with Reggie Love, his personal aide, and Valerie Jarrett, his close friend, senior adviser, and liaison to the business community. This arrangement, however, inadvertently left the impression that Obama preferred his staff's company to that of the paying guests.

“Obama is very meticulous-they have clockwork timing,” one of the attendees says. “After a few minutes at each table, a staffer would come and tap him on the shoulder, and he'd get up. But when people pay thirty thousand they want to talk to you, and take a picture with you. He was trying to be fair, and that's great, but every time he started to have a real conversation he got tapped.”

The attendee appreciates that such events must get tiresome for Obama. “Each person, at each table, says to the President, ‘Here's what you have to do . . .' At the next table, it's the same.” Even so, he noted that Bill Clinton-who set the gold standard for the art form known as “donor maintenance”-would have presided over the same event with more enthusiasm: “He would have stayed an extra hour.” After that Four Seasons dinner, the attendee adds, “people were a little mad.”

Top Obama donors began grumbling on the first day of the Administration. “The swearing-in was the beginning of pissing off the donors,” a longtime Washington fund-raiser says. “During the inaugural weekend, they didn't have the capacity to handle all the people who had participated at the highest le vels, because there were so many.” One middle-aged widow, from whom the fund-raiser had secured fifty thousand dollars, got four tickets to the swearing-in, but none of them were together. “She was so offended!” the fund-raiser says. “And I got no credit, by the way, for bringing her in. Important donors need to be cultivated so that they're there four years later.”

As the Washington fund-raiser sees it, the White House social secretary must spend the first year of an Administration saying, “Thank you, thank you, thank you.” Instead, the fund-raiser says, Obama's first social secretary, Desirée Rogers-a stylish Harvard Business School graduate and a friend from Chicago-made some donors feel unwelcome. Anita McBride, the chief of staff to Laura Bush, says, “It's always a very delicate balance at the White House. Do donors think they are buying favors or access? You have to be very conscious of how you use the trappings of the White House. But you can go too far in the other direction, too. Donors are called on to do a lot. It doesn't take a lot to say thank you.” One of the simplest ways, she notes, is to provide donors with “grip-and-grin” photographs with the President. “It doesn't require a lot of effort on anyone's part, but there's been a reluctance to do it” in the Obama White House. “That can produce some hurt feelings.”

Big donors were particularly offended by Obama's reluctance to pose with them for photographs at the first White House Christmas and Hanukkah parties. Obama agreed to pose with members of the White House press corps, but not with donors, because, a former adviser says, “he didn't want to have to stand there for fourteen parties in a row.” This decision continues to provoke disbelief from some Democratic fund-raisers. “It's as easy as falling off a log!” one says. “They just want a picture of themselves with the President that they can hang on the bathroom wall, so that their friends can see it when they take a piss.” Another says, “Oh, my God-the pictures, the fucking pictures!” (In 2010, the photograph policy was reversed; Rogers left the Administration that year.)

Creating a sense of intimacy with the President is especially important with Democratic donors, a frustrated Obama fund-raiser argues: “Unlike Republicans, they have no business interest being furthered by the donation-they just like to be involved. So it makes them more needy. It's like, ‘If you're not going to deregulate my industry, or lower my taxes, can't I at least get a picture?' ”

Democrats involved in the 2012 campaign say that the President and his White House staff have markedly improved their donor-maintenance skills. In June, Obama spent an evening attending a successful forty-thousand-dollar-a-head fund-raiser, along with Bill Clinton, in the Upper East Side town house of Marc Lasry, the billionaire C.E.O. of Avenue Capita l Group. (Clinton is expected to help at other such events.) But if Obama hopes to catch up with his Republican opponent, Mitt Romney, in the 2012 money race, he will need to get a lot more rich Democrats to empty their pockets.

In the past, a President's ability to charm the super-rich might not have mattered much. A decade ago, however, wealthy Democrats and Republicans began circumventing limits on direct campaign contributions by making enormous donations to political groups that were technically separate from campaigns but effectively served as their proxies, often by funding negative ads. In 2004, the outspoken liberal financier George Soros gave $27.5 million-then a record amount-to groups opposing President George W. Bush. The strategy provoked widespread censure. (The Republican National Committee accused Soros of having “purchased the Democratic Party.”) Richard Hasen, an election-law expert at the University of California at Irvine, says that “a legal cloud hung over” such efforts to sway elections. But in 2010 the Supreme Court, in the landmark case Citizens United v. Federal Election Commission, ruled that groups could make “independent expenditures” without limits, because such spending amounted to “political speech.” Subsequently, a lower court ruled, in Speechnow.org v. Federal Election Commission, that individuals could pool unlimited resources in order to support or criticize candidates, as long as these efforts were not explicitly coördinated with official campaigns. Since then, the number of indirect gifts has soared, giving rise to the “Super PAC,” and very wealthy Americans have begun wielding increasingly disproportionate power in U.S. politics.

As Politico reported recently, a pool of only twenty-one hundred people has given a total of two hundred million dollars to the 2012 campaigns and their Super PACs-fifty-two million dollars more than the combined dona tions of the two and a half million voters who have given two hundred dollars or less. In other words, the top .07 per cent of donors are exerting greater influence on the 2012 race than the bottom eighty-six per cent. And this accounts only for publicly disclosed donations: much of the money raised during this election cycle consists of secret gifts to “nonprofit public-welfare” groups that claim to have no overt political agenda.

Obama's 2012 campaign has held a record number of fund-raisers, but it has focussed on collecting the relatively small sums of money that can be contributed directly to a federal candidate's campaign. This year, the limit on such “hard” donations is five thousand dollars per candidate, and thirty thousand eight hundred dollars to a national political party. Obama has consistently led Romney in direct donations, though the gap is narrowing. Romney, however, has overwhelmingly outpaced Obama in the kind of “mega” donations that ha ve flourished since the Citizens United ruling. By the end of July, the two biggest Super PACs allied with Romney, Restore Our Future and American Crossroads, had raised about a hundred and twenty-two million dollars. The most prominent Super PACs allied with Obama, Priorities USA Action and American Bridge 21st Century, had raised only about thirty million.

By August, at least thirty-three American billionaires had each given a quarter of a million dollars, or more, to groups whose aim is to defeat Obama. At this point in the campaign, most of that money is funding attack ads in swing states like Colorado and Virginia. Federal-election reports indicate that twenty-seven of those billionaires have given large donations to Restore Our Future, which was founded by former Romney aides, and to American Crossroads, which was conceived by the Republican political operative Karl Rove. News reports have linked six of the billionaires to nonprofit social-welfare groups that aren't required to identify contributors. Earlier this month, one of those groups, Americans for Prosperity-which was founded, in part, by the billionaire industrialist brothers Charles and David Koch-purchased a reported twenty-five million dollars in advertising time; the spots are now airing on television stations in eleven swing states. Though Americans for Prosperity is purportedly nonpartisan, its ads attack Obama for presiding over a growing federal deficit.

According to ProPublica, Americans for Prosperity and another conservative group have accounted for more than eighty per cent of spending by social-welfare nonprofits in the 2012 election cycle. Conservative social-welfare groups have already spent some seventy million dollars on television ads, whereas liberal groups have spent only $1.6 million.

Meanwhile, only three billionaires have contributed at least a quarter of a million dollars to Priorities USA, the largest pro-O bama Super PAC. George Soros has given money to the Super PAC American Bridge, which produces opposition research for liberal candidates. Warren Buffett, America's second-richest man, is one of Obama's most high-profile supporters, but he has declared that he will not support Super PACs, saying, “I don't want to see democracy go in that direction.”

This imbalance has caused alarm among Democratic strategists, and Obama has warned-perhaps with some exaggeration-that, unless wealthy supporters make large gifts, he will become the only sitting President in recent history to be outspent in a campaign. In June, The Daily Beast obtained a recording of a fund-raising call that Obama made from Air Force One, in which he told potential donors not to be surprised if a couple of Republican billionaires “wrote twenty-million-dollar checks” to buy “all the TV time,” leaving Democrats “flat-footed in September or October.”

It's not easy for Obama to play the current money game, since he has repeatedly called it an unethical contest. He reserved some of the harshest words of his Presidency for the Citizens United ruling, saying that he couldn't “think of anything more devastating to the public interest.” Indeed, advocates of campaign-finance reform think that it's perverse to fault Obama for being insufficiently solicitous of billionaires. Meredith McGehee, the policy director of the Campaign Legal Center, says, “The whole question of whether the President's donors are happy just boils down to how corrupting this whole system is. That the President, with all the other things on his plate, has to worry about keeping high rollers happy is just sad.” She adds, “We're heading toward plutocracy, pretty clearly.”

David Axelrod, the senior strategist of Obama's 2012 campaign, warns that the Citizens United decision may have permanently tilted the playing field away from not ju st Obama but all future Democratic candidates. “The Supreme Court is saying that campaign spending is a matter of free speech, but it has set up a situation where the more money you have the more speech you can buy,” Axelrod says. “That's a threatening concept for democracy.” He adds, “If your party serves the powerful and well-funded interests, and there's no limit to what you can spend, you have a permanent, structural advantage. We're averaging fifty-dollar checks in our campaign, and trying to ward off these seven- or even eight-figure checks on the other side. That disparity is pretty striking, and so are the implications. In many ways, we're back in the Gilded Age. We have robber barons buying the government.”

Arnold Hiatt, the former chairman of Stride Rite shoes, has been one of the most consistent liberal donors in recent decades, and also one of the most vocal proponents of public campaign financing. Though he is sympathetic to O bama's fund-raising challenges, he also thinks that the campaign may have miscalculated. “The people who have the wherewithal have not been cultivated,” he says. “Citizens United didn't come along until quite late. I think Obama thought he wouldn't need those people.”

As Hiatt sees it, “Obama is in a bind.” Throughout his career, the President has supported campaign-finance reform. Not only did he speak out against the Citizens United ruling; he initially declined to encourage supporters to donate to Priorities USA. By the end of 2011, however, Obama's campaign managers had realized that Super PACs opposing the President posed a lethal threat. At Obama's campaign headquarters, in Chicago, Jim Messina, the campaign manager, wrote “$800,000,000” on a whiteboard, and told Axelrod that the Republicans' indirect-donation network was capable of raising at least that amount to defeat Obama.

In February, after considerable debate, during w hich some advisers urged the President to stick to his principles and preserve his opposition to Citizens United as a political issue, the campaign bowed to the new economic reality and announced that it would begin encouraging donations to Super PACs that supported Obama's candidacy. Campaign officials even promised to send Administration members to speak to potential Super PAC donors-though Obama would not do so himself.

“We concluded we couldn't play touch football if they were playing tackle,” Axelrod says, adding that the eight-hundred-million-dollar figure now looks quaint. He says that Republican spending in the Presidential race, including that of outside groups, may exceed $1.2 billion.

Hiatt worries that Obama's reversal may be too little, too late. “He said he'd accept money from Super PACs, but he's done nothing to encourage it,” Hiatt says. “It's cost him dearly.”

Hiatt is a member of t he Democracy Alliance, a group of wealthy liberal donors led by Rob McKay, an heir to the Taco Bell fortune. In November, Hiatt asked the President to speak to the group, but Obama declined; the White House said that he was too busy. In June, 2011, the Federal Election Commission announced that candidates could be “featured guests” at Super PAC events, but such interactions remain a legal gray area. Hiatt believes that Obama was concerned that giving the speech would violate the spirit of campaign-finance law, which bars candidates from “coördinating” with outside fund-raising groups.

Romney has played by different rules. Last year, he declared, “I'm not allowed to communicate with a Super PAC in any way, shape, or form. If we coördinate in any way whatsoever, we go to the big house.” Yet he has come very close to crossing that line. He has communicated directly with Super PAC supporters on many occasions, sto pping only at directly soliciting funds from them.

In July, 2011, Romney attended a private dinner in New York, purportedly to show his appreciation for two dozen current and potential donors. After delivering brief remarks, he departed, leaving the solicitation of funds to others. In June, Romney mingled with wealthy supporters at a weekend retreat at a Utah ski resort. That same weekend, the Huffington Post later revealed, two hundred wealthy guests attended a nearby luncheon featuring a speech by Karl Rove, the architect of American Crossroads, the pro-Romney Super PAC. Technically, the two events were independent, though even that distinction was blurry; the luncheon was sponsored by an investment fund led by Romney's eldest son, Tagg, and the finance chief of Romney's campaign, Spencer Zwick. And in July, at a fund-raising breakfast in Jerusalem, Romney sat next to the top donor to pro-Romney Super PACs: the casino magnate Sheldon Ad elson, who has so far spent $41.1 million of his $24.9-billion fortune on the effort to defeat Obama and other Democrats, and has pledged to spend as much as a hundred million dollars.

Of the proposed Democracy Alliance event, Hiatt says, “Obama wouldn't have asked for money, but he could have addressed a group of very wealthy progressive donors who have a Super PAC.” In the end, Hiatt says, Obama must have considered it “too close for comfort.” Part of Obama's reluctance, he believes, was based on principle, and another part was personal. “Obama is not a lover by nature,” Hiatt says. “He is so private, and so emotionally and intellectually honest. He doesn't like to stroke people.”

Many top Democratic donors are as disheartened as Obama is about the top-dollar gamesmanship unleashed by the Citizens United ruling. Many wealthy liberals oppose the very idea of Super PACs. A Democratic billionaire tol d me, “I'm happy to spend, but not on Super PACs. They don't seem like they should be legal. They're undemocratic.” Asked if he'd continue to abstain if it meant that Obama would lose, he said, “I find it hard to believe Obama won't win.”

Arnold Hiatt has not yet given money to Priorities USA, the Super PAC. Instead, he has tried to persuade other, even wealthier liberals to do so. “If I put a million dollars in, I'd like to know it has company,” he says. “We can leverage it, to raise a hundred million.” But so far the Democrats have lacked what is known as a “lead donor”: a high-profile figure who contributes a splashy amount and signals to other big players that it is time to do the same. “It's really sad,” Hiatt says. “You could buy this election for a billion dollars.”

Another major Democratic donor asks, “Where's Penny Pritzker? Where's George Soros?” Pritzker, a businesswoman and the billionaire heiress to the Hyatt Hotel fortune, was Obama's campaign-finance chairperson in 2008. Both Pritzker and Soros have given five thousand dollars to Obama's official campaign, but neither has given money to Priorities USA. “Whatever it is that has made George Soros and Penny Pritzker not write checks to the Super PAC is a very serious weakness,” the major donor says. Also missing from the Priorities USA roster is the insurance-company mogul Peter Lewis, who donated millions to Democratic efforts in 2004; this year, he is reportedly focussing his giving elsewhere, including on a broad campaign to legalize marijuana. In 2008, David Geffen, the Hollywood music and film producer, made headlines by breaking with the Clintons in favor of supporting Obama. This time around, Geffen has contributed the legal maximum amount to the Obama campaign and the Democratic Party, but he has given nothing to Priorities USA. Two acquaintances of Geffen's say that he has complain ed about Obama's remoteness since becoming President. (Geffen says that he “totally supports this President.”)

“There's been no thanks for anyone!” the major Democratic donor says. He adds that in 2008 he gave “multiple millions” to groups working to elect Obama. But, he notes, although he has attended various White House functions, and has met Obama on several occasions, “I don't think they have a clue who I am. I don't think they even know how much I gave.” He says that he has been introduced twice to Jarrett, “and neither time did she remember who I am.” Instead, he says, “she seemed to think she was blessing me by breathing in the same space.” Despite repeated pitches, he has not yet given money to Priorities USA. In his view, the Obama White House has not followed the fundamental rule of donor maintenance, which he himself has practiced while fund-raising for other causes: “You have to suck up!” With Obama, he says, “I don't know if it's a personality thing, an ego thing, or an intellectual thing. I just don't get it. But people want to be kissed. They want to be thanked.”

Obama, he says, is “so interested in doing the right thing that he thought other people would be interested in him for doing the right thing, and he thinks that's all that's needed.”

Axelrod defends the President. “He's worked hard to raise the money we need and by no means takes that support for granted,” he says. “He appreciates it. But he's not carnivorous about it. He doesn't see himself as Fund-raiser-in-Chief.”

Obama sought the Presidency in part because he hoped to alter the relationship between powerful financial interests and those who govern. On his first day in office, he banned lobbyists from his Administration. He later noted, “One of the reasons I ran for President was because I believed so strongly that the voices of everyday Americans-hardworking folks doing everythin g they can to stay afloat-just weren't being heard over the powerful voices of the special interests in Washington.” During the 2008 campaign, he discouraged supporters from contributing unlimited sums to “527 groups,” the predecessors of Super PACs.

Obama acknowledges that his record on campaign-finance issues is not entirely pure. In 2008, after championing campaign-finance reform in the Senate, he broke his own pledge to accept public financing as a Presidential candidate, and became instead the first nominee since Watergate to depend entirely on private funds. The decision was pragmatic: he was so popular that he handily raised more money than John McCain, ultimately spending a record-breaking seven hundred and forty-five million dollars. In 2007, Obama admitted that he suffered “from the same original sin of all politicians, which is: We've got to raise money.” But he insisted that he would fight to reform the system: “The argument is n ot that I'm pristine, because I'm swimming in the same muddy water. The argument is that I know it's muddy and I want to clean it up.”

Maraniss, the Obama biographer, believes that the President's attitude toward money is complicated. “There is a misimpression that his family was alienated from the capitalist system,” Maraniss says. “Not so.” He points out that both Obama's grandmother Madelyn Dunham, a vice-president at the Bank of Hawaii, and his mother, Anne Dunham, an anthropologist who developed a microloan program for Indonesian artisans, worked in the financial realm. But it's also true that Obama never had any interest in business, and that instead of pursuing more lucrative opportunities he chose to become a poorly paid community organizer in Chicago. While attending Harvard Law School, Obama spent his one summer at a corporate firm debating fellow-associates about the need to “give back” to society.

Obama met his wife, Michelle, at the fi rm. Although the two were Ivy League graduates, it's often forgotten how atypical their economic backgrounds were in those circles. The First Lady emphasized this at a recent campaign event in New Hampshire, explaining that Barack “knows what it means when a family struggles,” for “he is the son of a single mother who struggled to pay the bills and put him and his sister through school.” Michelle herself, as a child, lived in a bungalow on Chicago's South Side which was so small that her parents slept on the living-room couch. While she was at Princeton, her aunt worked nearby, as a domestic servant. According to Jodi Kantor, the author of “The Obamas,” Michelle and Barack shared an early conviction that the gap between the rich and the poor had less to do with hard work and merit than with “opportunity, power, access and wealth.” Obama continues to see economic success as the result of many factors besides individual effort, and, consequently, he may be less awed by wealth than others.

During his rise in Chicago politics, Obama won over many rich donors, including Pritzker. But, in his book “The Audacity of Hope,” he writes warily of their seductive influence. He describes the “law firm partners and investment bankers, hedge fund managers and venture capitalists” whom he courted for donations to his 2004 Senate campaign as mostly “smart, interesting people,” who asked for no specific favors. Yet, Obama wrote, politicians who spent too much time among the wealthy risked losing touch with the “frequent hardship of the other 99 percent of the population-that is, the people that I'd entered public life to serve.”

Obama, Maraniss says, “showed no disdain for raising money,” but he demonstrated less reverence for wealthy backers than many other politicians did. Maraniss sees Obama as a man with “a moviegoer's or writer's sensibility, where he is both participating and observing himself participating , and views much of the political process as ridiculous or surreal, even as he is deep into it.” He adds, “I think donors can sense this ambivalence.”

A former adviser to the President points out that Obama rose so quickly in national politics that “he never built a relationship at all with traditional Democratic donors.” Just a dozen years ago, in 2000, Obama had so few Democratic Party connections that he couldn't get a floor pass at the Democratic National Convention. In 2004, he ran for the U.S. Senate in Illinois, and was one of several contenders in a Democratic primary; big, national donors were not inclined to involve themselves in the contest, and therefore did not get to know him. That year, however, he gave a galvanizing keynote speech at the Democratic National Convention. Vaulted to fame, Obama no longer needed to search for money-it flowed his way. He was in the Senate for only two years before announcing his Presidential candidacy, and during t hat time he was the most sought-after attraction at other Democrats' fund-raisers. He spent little time cultivating his own donor network. “Obama didn't develop the deep personal relationships with fund-raisers that most people have by the time they run for President,” the former adviser says. By contrast, Bill Clinton, who had been collecting supporters since his undergraduate days, at Georgetown, had a huge network in place when he ran for the Presidency, in 1992.

When Obama ran for the Presidential nomination against Hillary Clinton, in 2008, most of the traditional large Democratic donors supported her. His other rivals-Joseph Biden, Christopher Dodd, and John Edwards-had, after years in the Senate, also developed finance networks. The Obama campaign was forced to build an alternative financial base, consisting of a few major Illinois donors, such as Pritzker, and an intricate network of small- and medium-sized donors, many of whom were new to national politic s. Obama's team famously utilized social media to engage first-time, small donors.

But, as Richard Wolffe writes in “Renegade,” his book about Obama's 2008 campaign, contrary to Obama's “carefully cultivated image, the money did not grow at the grass roots.” Before Obama secured the Democratic nomination, funds raised on the Internet accounted for only a fraction of his haul. Instead, he attended a back-breaking number of fund-raisers, and asked everyone he and his supporters knew to contribute to his campaign the maximum legal amount of hard money, which was then forty-six hundred dollars. Obama's operation, Wolffe writes, was “a hybrid of corporate management and community organizing.” It was not a chummy collaboration between a candidate and super-wealthy players. Harold Ickes, the veteran Democratic strategist, says, “The Obama people were tutored in the context of small money. They saw the big money as corrupt.”

Bill Clinton, by contrast, wa s so inventively solicitous of the rich that he was accused-falsely, he insisted-of auctioning off sleepovers in the Lincoln Bedroom. People raising Democratic funds this year say that wealthy donors regularly complain of getting poorer treatment than they did during the Clinton years, when the President and Terry McAuliffe, his campaign-finance chairperson, formed a tireless tag team. One fund-raiser says, “There used to be regularized dinners, and stays at the Lincoln Bedroom or Camp David. This President spends his time with his friends, and doesn't much suffer being around people just because they gave money. He does more than you think, but it's a different culture. It's much less than either Bush or Clinton. Those Administrations knew when it was somebody's birthday, or someone's grandson's bar mitzvah.”

Hiatt, the former Stride Rite chairman, has witnessed at first hand the difference between Obama and Bill Clinton. In 1996, Hiatt divided half a million doll ars among thirty-eight congressional candidates (all of whom were committed to campaign-finance reform). He recalls, “That gave me the dubious distinction of being the second-largest contributor to the Democratic National Committee, which I shuddered at.” In the spring of 1997, he says, President Clinton invited him to a dinner. When he arrived, he found thirty top contributors seated around a table. “It was so vulgar,” he says. “The biggest donors were closest to the President. On his right was Bernard Schwartz, of Loral Corporation, who was later given permission to launch a satellite in China.” (Schwartz, who was cleared of accusations that his donations were improper, says he is “truly sorry” for having given large sums, in indirect gifts, to Democrats-a strategy that he calls “inimical to the well-being of politics in the country.”) After dinner, Hiatt recalls, Clinton “stroked the fat cats,” asking each donor for his thoughts, and obligingly tak ing notes.

Such social affirmation is the goal of most big Democratic donors, the former Obama adviser says: “Usually, it's not about favors. They want the chief of staff calling to get their opinion. Or they want to say, when they are out in the Hamptons, that they were just talking with the President.”

But Obama still rarely calls donors. One fund-raiser estimates that even now, at the height of the election season, he probably makes only a few such calls a month. Chicago supporters who have raised money for him for years say that it's just how he is.

A Chicago donor, who has attended events at the White House, and describes the President as “unfailingly courteous, warm, wonderful, and generous,” notes that Obama has never called him. “He's more of an introspective guy than either Bill Clinton or George Bush,” the donor says. “He's fantastic in small groups, but he's not the kind of guy I would go out and have a beer with. But, by the way , that's not my thing, either. I'm busy, and he's got more important things to do.”

In addition to being less of a glad-hander than most politicians, Obama is also the first President in a long time to have small children in the White House. Some Washingtonians have complained that Obama rarely goes out at night or socializes with members of Congress, preferring to spend time with his family. Jodi Kantor, in her book, points out that the President is unwilling to miss dinner with his family more than two nights a week. This doesn't leave much time for strategic socializing.

A few big donors, such as Robert Wolf, a former top executive at UBS, have become genuine friends of Obama's. But, for a politician, Obama is unusually self-contained. In this regard, some have likened him to Jimmy Carter. Gerald Rafshoon, who was Carter's media adviser in the White House, agrees that Carter had little appetite for massaging donors or Washington power brokers. But, Rafshoon says, Robert Strauss, the former chairman of the Democratic Party, persuaded Carter to do it anyway: “Carter didn't like fund-raising, but he did it. He also knew he had to have dinner with senators like Russell Long. We also had thirty dinners in the residence for the press. It paid off.” Perhaps, he suggests, Obama needs more advisers telling him, “This is necessary. Do it.”

As Sheldon Adelson has shown, a single billionaire donor has the potential to make a critical difference in an American Presidential race. For this reason, there has been intense interest, on the Democratic side, in gauging the intentions of George Soros, who is ranked seventh on Forbes's list of the wealthiest Americans. Over the past thirty years, no benefactor has contributed more to liberal causes. Campaign donations have been a small part of his philanthropy, but in 2008, four years after he made his record campaign donations, he gave five million dollars t o help elect Barack Obama. This kept expectations high for 2012.

Soros declined to comment for this article. But several people familiar with his thinking suggest that Soros-who was born in Hungary, and who has made his fortune in global investments-is currently preoccupied with other issues, such as the fate of the European Union, and is not inclined to take an outsized role in the 2012 Presidential campaign. As an advocate for greater government transparency, he is reportedly uncomfortable with the burgeoning role that secret donations now play in U.S. elections. In addition, confidants say that, although he still supports Obama, Soros has been disappointed by him, both politically and personally. Small slights can loom large with wealthy donors. When Soros wanted to meet with Obama in Washington to discuss global economic problems, Obama's staff failed to respond. Eventually, they arranged not a White House interview but, rather, a low-profile, private meeting in Ne w York, when the President was in town for other business. Soros found this back-door treatment confounding. “He feels hurt,” a Democratic donor says.

“They pissed on him,” a confidant says. “He didn't want a fucking thing! He didn't want a state dinner, or a White House party-he just wanted to be taken seriously.”

A second Soros confidant has a different view. Although he acknowledges that Soros might have contributed far more money to Obama if the Administration had engaged with him more intently, he said, “Part of me respects Obama for not spending more time with him. This President doesn't want to spend a lot of time with donors. You have to admire that.”

Still, some critics suggest that the failure to tap Soros shows that the Democrats are no match for the Republican money machine that conservatives began building in 2010. “We just don't have a Karl Rove type-we need a political celebrity,” a top fund-raiser for Obama says. Priori ties USA is headed by two former White House aides, Bill Burton and Sean Sweeney. “The guys running Priorities are very good at politics, but they have zero fund-raising experience,” the Obama fund-raiser says. “Fund-raising is all about relationships.” After a rough start, Priorities USA has hired several more experienced fund-raisers, and done better. But one of those veterans says, “It's the hardest thing I've ever done.”

There are essentially three deep wells of Democratic cash in the country: New York, Los Angeles, and Silicon Valley. So far, the high-tech industry has not contributed large sums to Obama. Some prominent Democrats, such as Chris Hughes-a co-founder of Facebook who helped manage Obama's Web strategy in 2008-have devoted themselves to campaign-finance reform instead. Hughes and his husband, Sean Eldridge, have decided not to give money to any Super PACs, and to match any donations they make to candidates w ith donations to groups working to diminish the role of money in politics. Asked about Obama's reluctance to court the extremely wealthy, Hughes described it as “a virtue.”

John Emerson, the Democratic National Committee's Southern California finance co-chair, says that many tech barons have “a distaste for Super PACs-they don't want to spend on thirty-second ads. There's a sense that there's something wrong with that process. Instead, you see people very involved in specific issues. So Tom Steyer”-a billionaire hedge-fund manager in San Francisco-“almost single-handedly defeated an initiative that would have gutted auto-emission standards in California. And Jeff Bezos is putting money into supporting same-sex marriage.” (Bezos, the founder of Amazon, has given $2.5 million to a gay-marriage campaign in Washington State.)

So far, Obama's most notable support has come from Hollywood. Jeffrey Katzenberg, the C.E.O. of DreamWorks Animatio n, has given one of the largest donations to pro-Obama Super PACs: two million dollars. The actor Morgan Freeman and the comedian Bill Maher have each given a million dollars to Priorities USA. The difference in temperament between Clinton and Obama is felt particularly keenly in Hollywood, however. Donna Bojarsky, a political adviser to the entertainment community, says, “Clinton is a voracious consumer of popular culture, and he loved California.” A California fund-raiser says, “Clinton was so good, it raised the bar.” Democratic operatives in the state recall that Clinton habitually called them before flying out, to catch up on gossip and learn whom he needed to see. The Obama entourage is all business: donors are rarely invited to fly on Air Force One or ride in the President's car. The personal touch is missed. As the California fund-raiser puts it, “Ego is a big part of the business out here.”

Katzenberg has been invited to a state dinn er at the White House, but he has never met privately with the President. “One of the things we so love about this President is his integrity, and his attempts to bring new ethics to Washington,” the fund-raiser says. “But it makes our job harder.”

Obama's relationship with people in the finance industry, meanwhile, remains badly strained. “We lost Wall Street,” a Democratic fund-raiser acknowledges. “They think they're so important, the driving force behind the country. . . . Their view of the White House is ‘How dare they?' ” Donors at financial firms currently account for eight of Romney's top ten sources of campaign funds. None of Obama's top ten sources of cash are financial firms. The change from 2008 is dramatic: four years ago, as Bloomberg News reported, seventy-five per cent of the campaign donations given by employees of Goldman Sachs went to Obama and the Democrats. This year, the ratio has been nearly reversed, with Democrats collecting just thirty per cent of the Goldman contributions.

Given the huge fortune that Romney accumulated in the private-equity business, the promises that he has made to lower taxes on capital gains, and his refusal to commit to ending tax advantages for hedge funds, his appeal to Wall Street executives is not surprising, Axelrod says: “Romney's basic pitch to the financial people is ‘I am you! I'm your guardian! I will protect your interests! I won't touch carried interest. I'll repeal Dodd-Frank' ”-the Wall Street regulations that were passed after the 2008 financial crisis. “That's obviously going to find an audience with some of these folks.”

It is an article of faith among some Democrats that liberals give money to politicians for altruistic reasons, whereas Republicans make campaign contributions as self-serving investments, in order to protect future profits. “It's a business expense for them,” Axelrod says. “They'll make it back in no time.” J onathan Collegio, the spokesman for American Crossroads, the Republican Super PAC, dismisses such thinking as “puerile,” arguing that there are no more “nefarious motivations” behind Republican donors than there are behind Democratic donors, which include major unions promoting their members' economic interests.

Yet Tom Perriello, a former Democratic congressman from Virginia who was defeated in 2010 after a flood of outside conservative spending in his district, and who now focusses on campaign-finance issues at the liberal Center for American Progress, argues that the economic incentives for wealthy conservatives are far more obvious. He says of Sheldon Adelson, “He's got billions he could get back on the overseas-investment tax and the estate tax,” both of which Romney has pledged to abolish. Moreover, Adelson's company, Las Vegas Sands Corporation, is currently the focus of two Justice Department investigations. The first is looking into possible violations of the Foreign Corrupt Practices Act, centering on the company's casinos in Macau. The second investigation, a joint probe with the Securities and Exchange Commission, concerns possible violations of anti-bribery laws. The future leadership of the Justice Department and the S.E.C., then, is of enormous material interest to Adelson.

Similarly, Perriello says, “Oil, coal, and chemical companies also have billions at stake.” He contends, “They're not giving money just to elect Romney-they're doing so on a platform of bashing clean energy. Why are there no Republican candidates willing to acknowledge climate change now?” The answer, he suggests, is that huge fossil-fuel companies, like the privately owned Koch Industries, are pouring millions of dollars into electing candidates who will further their agenda. A consortium of conservatives led by the Koch brothers has reportedly pledged to raise and spend four hundred million dollars before Novem ber.

“What candidate would buck them?” Perriello asks. “We've gone from a couple of billionaires on both sides to a kind of giving that shatters the social contract.”

As an incumbent, Obama has intrinsic advantages when it comes to withstanding the tide of money from wealthy individuals. But, looking ahead, many Democrats grow more concerned. Bill Burton, the former White House aide who is now running Priorities USA, says, “My worry is that the numbers will just get even more astronomical. It could easily be doubled, or quadrupled, by 2016. Once big business realizes it can purchase the White House, you have to wonder what the limit is.” ♦