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Citigroup Blasts Nasdaq Over Facebook I.P.O.

Citigroup is not happy with Nasdaq's response to Facebook's ill-fated initial public offering.

In a 17-page letter sent to the Securities and Exchange Commission on Wednesday, the bank slammed Nasdaq for its “mishandling” of the I.P.O. and its compensation offer. Citigroup said that Nasdaq's $62 million proposal would only cover “fraction of its total losses.”

“Nasdaq was grossly negligent in its handling of the Facebook I.P.O., and as such, Citi should be entitled to recover all of its losses attributable to Nasdaq's gross negligence, not just a very small fraction as is currently the case,” the firm said in its letter.

Citigroup and other been big investors have been increasingly critical of Nasdaq since Facebook went public in May.

The stock got off to a troubled start, after Nasdaq delayed the opening of trading and botched orders. Shares of Facebook closed that day at just above $38, roughly where they started.

Citigroup has l ost about $20 million related to the I.P.O., according to two people with knowledge of the matter. UBS reported a $356 million loss. And Knight Capital, which has suffered its own missteps in recent weeks, lost $35.4 million.

To make up for their losses, Nasdaq initially offered $40 million. But it soon upsized that to $62 million amid protests from its clients.

Not every financial firm that suffered losses in Facebook's I.P.O. is eager to fight Nasdaq. On Tuesday, Citadel, in a separate letter to the S.E.C., asked the agency to approve Nasdaq's proposal, calling it “objective and fair.”

But Citigroup, in its letter, outlined a lengthy list of grievances against Nasdaq.

It took the exchange to task for not testing its systems thoroughly and failing to properly disclose the problems on the morning of the I.P.O. The letter, which was previously reported by the Wall Street Journal, claimed that ” market participants' losses were not caused by a sys tem glitch” but rather “grossly negligent, self-serving business decisions.”

“This is the first time we have chosen to comment publicly,” Dan Keegan, Citigroup's Global Head of Cash Equities said in an interview on Wednesday night. “We have tried to allow Nasdaq the time to do what we believe to be right. Unfortunately, to date, we do not believe that they have done so, hence the need to articulate Citi's position.”

A spokesperson for Nasdaq declined to comment.



F.T.C. Ends Investigation on Facebook\'s Instagram Deal

After months of anticipation, Facebook is now closer to completing its takeover of Instagram, the popular photo-sharing application.

On Wednesday, the Federal Trade Commission announced that it has closed its investigation on the proposed acquisition. Facebook now faces a fairness hearing on the transaction next week. While the hearing cannot technically stop the deal from closing, objections may push back the final closing date. Facebook previously said it expected the deal to close by the end of this year.

“We are pleased that the Federal Trade Commission has cleared the transaction after its careful and thorough review,” Facebook said in a statement on Wednesday.

The Instagram deal, brokered in April, was once trumpeted as Facebook's first billion-dollar-deal. However, the transaction, which includes $300 million in cash and about 23 million shares, is now worth far less, in the wake of Facebook's rapid decline in the public markets. Based on Wedn esday's closing price of $19.44, is now worth about $747 million.



Behind the Due Diligence Dispute at Best Buy

The squabble between Best Buy and its founder, Richard Schulze, appears, for the moment, to center on one basic matter: the terms of opening the electronics retailer's books for due diligence.

Though discussions over those conditions seemed to have hit an impasse late on Sunday - Best Buy said that Mr. Schulze had spurned the company's latest offer - talks between the two are still going on, according to people briefed on the matter.

Even publicly, each side hinted that there was a chance that a due diligence pact would be reached. In a statement on Monday, Mr. Schulze said, “I remain hopeful that the board will engage in good faith discussions with us for the benefit of shareholders, employees and customers.”

And G. Mike Mikan, Best Buy's interim chief executive, said on the company's earnings call on Tuesday, “The only thing I would add to what's been out there in the public marketplace is our proposal still stands and we feel it's up to Dick to respond from there.”

One of the main sticking points is the duration of any standstill agreement tied to the due diligence. Specifically, the two parties are still negotiating how long Mr. Schulze would be prohibited from going fully hostile in his takeover attempt should the two side fail to reach a friendly deal.

Best Buy initially proposed an 18-month period, which the company founder flatly rejected. That was subsequently shortened to one year, which he again was cool to.

The company then said Mr. Schulze had 60 days to line up a fully financed offer. If Best Buy's directors reject the bid anyway, he would have to wait only until Jan. 1 to take the more drastic step of running a proxy contest to take control of the board. Should he fail to come up with a fully baked proposal within the allotted time, he would be prohibited from acting for an entire year.

People close to Best Buy argue that such an arrangement was standard fare in negotiations wi th private equity firms, much like those with whom Mr. Schulze would need to partner to pull off his deal. But people close to the founder said he balked at certain limits - for instance, should the board turn down his financed offer, he would be prohibited from running a proxy contest unless he kept his existing fully financed takeover bid on the table.

Doing so would obviously cost him additional money. Mr. Schulze finds that unacceptable. Best Buy considers that a cost of taking up that route.

It's possible that the two sides could reach an agreement within days, the people briefed on the matter said. But if no deal emerges, Mr. Schulze would be prepared to run a board challenge, and has hired the proxy solicitation firm D.F. King as an adviser.

He may also call at any time a special meeting of shareholders, which requires the support of 25 percent of existing shareholders - and he holds 20 percent.

Lost in the back-and-forth negotiations seems to be the increasingly tenuous state of Best Buy's financial and operational health. The company reported a 91 percent drop in net income on Monday and weakening sales both at home and abroad.

So while the two sides may continue to bicker over the terms of a standstill agreement, it's clear that whoever ultimately ends up running Best Buy in the end will have less time to steer the retailer away from disaster.



The Dance Between Belize and Its Bondholders


Spade: If you kill me, how are you gonna get the bird? And if I know you can't afford to kill me, how are you gonna scare me into giving it to you?

Gutman: Well, sir, there are other means of persuasion besides killing and threatening to kill.

Spade: Yes, that's, that's true. But â€" they're none of ‘em any good unless the threat of death is behind them â€" do you see what I mean? If you start something, I'll make it a matter of your having to kill me or call it off.

Gutman: (chuckling) That's an attitude, sir, that calls for the most delicate judgment on both sides. ‘Cause as you know, sir, in the heat of action, men are likely to forget where their best interests lie and that their emotions carry them away.

â€" From the movie “The Maltese Falcon” (1941).

This is the dynamic at work in the negotiations between Belize and its bondholders. Really it's the dynamic in most sovereign debt restructuring s.

On one level, sovereign debt restructuring is just like corporate debt restructuring. You have bondholders, you have holdout bondholders and you have a debtor that is more worried about surviving today than honoring commitments made long, long ago.

On the other level, it's entirely different. Most obviously, there is no bankruptcy code for sovereign nations. On the other hand, it's not clear there need be such a mechanism, since sovereign nations have, of course, sovereign immunity. A bondholder can't get a New York City Marshal to go issue a levy on the mini-van in front of the consulate.

So Belize has made an offer to its bondholders that they have reportedly rejected.

The bondholders have no direct way of making Belize pay, but they can make life difficult for Belize in the future, trying to snatch funds that flow through New York and causing no end of political hassles for the country.

Moreover, as a relatively small borrower, Belize probably has to worry more about long-term access to the financial markets than a country like Argentina or even Greece. The threat to shut a country like Belize out of the market is far more credible.

On the other hand, any recovery the bondholders can get through a restructuring deal is probably going to be the vast bulk of the total recovery. As such, the bondholders can't bargain so hard that Belize just says “forget it.”

Inevitably this will lead to some commentary wondering why bondholders even bother to buy debt from high-risk countries like Belize. It's the same reason that bondholders buy debt in risky U.S. companies that have pledged all of their assets to secure a syndicated loan. After all, neither is likely to result in a big return upon default.

Stephen J. Lubben holds the Harvey Washington Wiley chair in corporate governance and business ethics at the Seton Hall University School of Law and is an expert on bankru ptcy.



A Quick End to TARP Means a Smaller Payoff for Taxpayers

Quietly, the Treasury Department is engaged in another bailout of the banks. This time, it's America's small banks that are the lucky duckies.

The federal government still holds investments in hundreds of small banks around the country in the Troubled Asset Relief Program, otherwise known as the bailout. In an effort to wind down TARP, the government is trying to sell off its holdings of preferred stock of the remaining smaller banks.

The problem is that the Treasury Department isn't getting great bids on some of the bank paper, even on the shares of banks with strong profits and strong capital. When the government sold its holdings in MetroCorp Bancshares of Houston this month, the bank itself bought back most of it - at 98 cents on the dollar. Wilshire Bancorp of Los Angeles bought back its paper at 94 cents on the dollar. The Treasury Department sold preferred shares of Ohio-based First Defiance at 96 cents, and Peoples Bancorp of North Carolina at 93 cents. All of these are regarded as healthy.

Who makes up the difference? Taxpayers, of course.

Treasury officials say that is what the market is willing to bear. But the government doesn't have to sell now, and it doesn't have to settle for less than a full repayment.

Why should healthy banks or hedge fund investors get a gift so that the Obama administration can score some political points by raising the number of banks that have left the program? For all the generous breaks that the government gave the gargantuan banks in the bailout, they all at least paid TARP back at 100 cents on the dollar. Why shouldn't the small ones pay 100 cents on the dollar like the big boys?

Sure, the bank portion of TARP has been profitable so far. The Treasury Department estimates that it will make almost $22 billion from its bank support programs. That includes an estimated $3 billion loss from the smaller banks' paper.

“We are winding down the program, at a profit to taxpayers. The program was successful in what it was designed to do,” which was to save the financial system, said Timothy G. Massad, the Treasury Department's point man on TARP. The agency is focused on “what is the way to maximize value, given that it is a temporary program,” he said. “The government is not in the business of running an investment fund and is not in the business of owning stakes in private companies.”

In the auctions, the government has been mainly selling shares it has left of the bigger and healthier small banks. Given that it has sold these shares at discounts, it bodes ill for the stock of the weaker ones that the government still holds, many of which are closely owned and more difficult to unload. Indeed, the Treasury Department didn't get a sufficient bid for some the items in its most recent auction.

Unfortunately, this quiet bailout could get worse if the government continues with its plan.

Treasury officials are cont emplating a plan to pool a bunch of these small-bank preferred shares in order to accelerate the sales. The ostensible logic is that a pool - akin to creating shares in a bank mutual fund - will widen the number of potential buyers and raise prices.

Instead, however, this is likely to deepen the discounts. Any large potential investor would still not find it worth the time to analyze each bank in the pool. Rather, the bidder is likely to apply a discount to anticipate any losses.

The potential taxpayer losses from selling shares at too deep a discount could be in the hundreds of millions. Granted, that's not huge when measured against the size of the TARP program, the profits it has made already or the federal budget. But it is big as an absolute figure. It seems likely that some of these losses could be avoided.

You have to feel for the Treasury Department a bit here. It has been assailed from every side for the way it has run TARP. Recently, critics have wondered what its plan was for ending the program. Now that it has a program, critics are attacking that, too.

But much of these problems are of the government's own making. The difficulty the Treasury Department faces is a reminder of just how good the TARP terms were for the banks. Everything that makes the bonds unattractive now for investors made the preferred stock wonderful for banks.

The dividend was a comfortable 5 percent. It will soon bump up to 9 percent, but that is still not onerous for many small, privately held banks. Moreover, banks in the program can skip the dividend payments at any time. If they miss a payment, they have no obligation to make it up. And the preferred shares never expire, so the banks could keep them as long as they want.

It's a measure of how ungrateful the banks were that even on these generous terms, they still howled about the program and wanted out. Mainly that was because of certain restrictions on executive compensa tion.

So what's going on here with the Treasury Department? Compass Point Research and Trading, a broker dealer that has been analyzing the auctions, put it delicately in a recent note: “The current administration is very motivated to unwind its crisis-related investments.”

Translation: The world has moved on, and the Obama administration seems to be counting on being able to run down the program as quickly as possible without too much scrutiny. TARP is one of the least popular government programs these days (and that's saying something). A job managing TARP no longer burnishes résumés, if it ever did.

But it sure is too bad that, after saving the banking system, taxpayers won't get the best returns we can.

Jesse Eisinger is a reporter for ProPublica, an independent, nonprofit newsroom that produces investigative journalism in the public interest. Email: jesse@propublica.org. Follow him on Twitter (@Eisingerj).


Business Day Live: The New High-Tech Dating Technology? Meet in a Bar

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Health Care REIT to Buy Sunrise Senior Living

Health Care REIT Inc. agreed on Wednesday to buy Sunrise Senior Living for $844.6 million in cash, in a deal aimed at creating one of the biggest owners of nursing homes in the United States, Canada and Britain.

Under the terms of the deal, Health Care REIT will pay $14.50 a share, a huge 62 percent premium to Sunrise's Tuesday closing price.

Nursing home operators have been a popular target for deal-making in recent years, as companies and private equity firms seek to take advantage of an increasingly aging population.

Through the deal, Health Care REIT will add 20 senior housing communities that Sunrise owns outright and an interest in joint ventures that control 105 additional properties. Most of the centers are aimed at the higher end of the market and are concentrated in markets like New York, Los Angeles, Chicago and London.

“We are very pleased that Sunrise, a leader in premier care to seniors, is becoming part of our portfolio,” George L. Chapman, Health Care REIT's chairman and chief executive, said in a statement. “There are few opportunities to acquire assets of this quality in a transaction of this scale.”

Yet Sunrise has posted losses for four of the last five years, having lost $23.4 million last year. On a pro forma basis, which excludes charges related to investigations and restructuring costs, the company reported a $147 million gain for 2011. (The company settled an investigation by the Securities and Exchange Commission into its financial reporting two years ago.)

Based in Toledo, Ohio, Health Care REIT has been a fairly acquisitive buyer of late, having struck 22 takeovers since the beginning of last year, according to Standard & Poor's Capital IQ. As of June 30, its portfolio comprised 1,010 properties in 46 states and Canada.

The deal is expected to close in the first half of next year, pending shareholder approval. If the takeover isn't closed by Feb. 21 because of cert ain extension rights exercised by Health Care REIT, Sunrise shareholders will receive an additional, unspecified payout.

Health Care REIT was advised by Bank of America Merrill Lynch and the law firms Arnold & Porter, Shumaker, Loop & Kendrick and Sidley Austin. Sunrise was advised by Goldman Sachs, KeyBanc Capital Markets and the law firm Wachtell, Lipton, Rosen & Katz.



The New Citigroup Isn\'t Your Father\'s Citicorp

Vikram S. Pandit, Citigroup‘s chief executive, has entered the debate over splitting up big banks. Did he overstate one of his key points?

For supporters of separating investment banking activities from more traditional banking businesses, Citigroup makes an attractive target. At the bank, Wall Street and Main Street businesses were brought under the same roof through a series of over ambitious mergers.

Citigroup entered the financial crisis as a huge, highly complex institution that ended up needing a bigger bailout than any other bank. It has since struggled to regain its footing, not to mention the favor of shareholders. Then, last month, none other than Sanford I. Weill, the executive who cobbled together the Citigroup colossus, called for big banks to be broken up.

Mr. Pandit's defense is that Citigroup has streamlined and refocused, and is no longer the unwieldy giant it once was. Instead, it's much more like Citicorp, the entity that Mr. Weill merged with Travelers in 1998 to form Citigroup.

“What's left here is essentially the old Citicorp,” he told the Financial Times in an article on Monday.

Citigroup still has an entity called Citicorp, which today comprises the businesses that the bank still wants to pursue and feels it has a competitive advantage in. Citigroup's “unwanted” businesses and assets, many of which got the bank into hot water, are housed in an entity called Citi Holdings that is meant to be decreased in size over time.

Mr. Pandit's point is that we should think of Citigroup as being much like the old Citicorp.

That may be a stretch on key area. Today's Citicorp looks to be much more reliant on often volatile Wall Street businesses than the old one. It has a huge presence today in global capital markets. The Wall Street-focused operations within today's Citicorp had $912 billion of average assets in the second quarter of this year. That's only marginally behind the $ 952 billion at Goldman Sachs, the United States' largest investment bank. JPMorgan Chase‘s investment bank trailed far behind Citicorp's, with $841 billion of average assets in the second quarter.

Modern Citicorp's emphasis can be seen in other metrics. In 1998, Citicorp's trading revenue was 8 percent of its total revenue. By contrast, trading revenue last year accounted for 23 percent of total revenue at the contemporary Citicorp unit.

The old Citicorp was still filing an annual report in 2004. In that document, it broke out revenue for a group of businesses that included Wall Street activities. This “capital markets and banking” segment accounted for 13 percent of Citicorp's total revenue in 2004. Today's Citicorp unit has similar businesses grouped together under the title “securities and banking.” That group generated one third of the Citicorp unit revenues last year.

“Citi has returned to the basics of banking and has streamlined our busin ess around our core areas of strength â€" global institutional and consumer banking â€" with a clear structure and a clear strategy,” said Shannon Bell, a Citigroup spokeswoman, in an e-mail.



Citic Capital Sells Stake to Qatar Fund

The Chinese asset management firm Citic Capital Holdings is taking on a new shareholder by agreeing to sell a 22 percent stake to a unit of Qatar's sovereign wealth fund.

The deal with Qatar Holding, the value of which was not disclosed, raises the profile of Citic Capital, one of China's biggest investment firms. Citic, which manages more than $4.4 billion and also counts China's sovereign wealth fund among its backers, has lately been showing an appetite for deals.

“We warmly welcome Qatar Holding to be our new shareholder,” Yichen Zhang, chief executive of Citic Capital, said in a statement. “Not only will Qatar Holding provide us with an enlarged capital base to fund our business expansion and investments, its significant backing will strengthen our brand positioning meaningfully as the most preferred and committed partner to invest with, both in and outside China.”

The transaction brings the ownership stake of the China Investment Corporation , that country's sovereign wealth fund, to 31 percent, Citic Capital said. Citic Pacific Limited and Citic International Financial Holdings, two subsidiaries of the Citic Group, now hold a combined 42.8 percent stake.

With offices in China, Japan and the United States, Citic Capital has been stepping up its global presence. The firm, which does business in private equity and real estate, teamed up with the Carlyle Group and other firms earlier this month in an offer to buy Focus Media Holding, a Chinese company listed in New York.

For Qatar Holding, which lately has been making investments in Europe amid the Continent's crisis, the deal gives it greater access to China. Among the fund's holdings are investments in the Agricultural Bank of China, Barclays and Credit Suisse.

Qatar Holding has also been actively pressuring Glencore International to pay a higher price for its proposed $30 billion takeover of the mining company Xstrata. Qatar Holding owns about 12 percent of Xstrata and is its second-largest shareholder behind Glencore.



Former Officer at Buffett Foundation Guilty of Theft

Dhaval S. Patel, a former international monitor for Warren E. Buffett's charitable foundation, pleaded guilty on Tuesday to stealing $46,000 from the organization by doctoring expense receipts, The Omaha World-Herald reports.

Morning Take-Out

Profits in G.M.A.C. Bailout to Benefit Financiers, Not U.S.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, the Deal Professor writes.

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 t he 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.
DealBook '

DEAL NOTES

Officer for Buffett's Charity Pleads Guilty to Theft  |  Dhaval S. Patel, a former international monitor for the Buffett Foundation, admitted to stealing $46,000 from Warren E. Buffett's charitable organization, The Omaha World-Herald reports. He could face up to 20 years in prison, the newspaper says.
OMAHA WORLD-HERALD

Questions Surround the Secretive Maker of the Tootsie Roll  |  Tootsie Roll Industries, which refuses to hold quarterly earnings calls and shuns journalists, is run by a C.E.O. in his 90s and his 80-year-old wife, without any publicly disclosed succession plan. The company has attracted the interest of activist investors amid lackluster growth in recent years, The Wall Street Journal reports.
WALL STREET JOURNAL

Mergers & 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.
DealBook '

IAC Said to Offer More Than $300 Million for About.com  |  IAC/InterActiveCorp, the firm run by Barry Diller, has topped a rival bid for About.com, the Web site owned by the New York Times Company, Bloomberg News reports, citing an unidentified person with knowledge of the matter.
BLOOMBERG NEWS

Heineken Increases Stake in Asia Pacific Breweries  |  Heineken moved a step closer to its goal of taking control of Asia Pa cific Breweries by purchasing shares that brought its stake to 44.6 percent, Reuters reports.
REUTERS

Italian Insurer Said to Put U.S. Unit on the Block  |  Generali, the largest Italian insurer by annual premiums, is looking to sell its life reinsurance business in the United States, a unit that could be worth as much as $1 billion, The Financial Times reports, citing an unidentified person familiar with the matter.
FINANCIAL TIMES

Best Buys Income SlidesBest Buy's Income Slides  |  The electronics retailer posted worse-than-expected second-quarter earnings, badly missing the avera ge analyst estimate.
DealBook '

Seagate Technology Said to Agree to Buy Solyndra Plant  |  Seagate Technology, a Cupertino, Calif.-based maker of computer storage devices, has agreed to buy Solyndra's former manufacturing plant and headquarters building, Reuters reports, citing an unidentified person familiar with the deal.
REUTERS

INVESTMENT BANKING '

UBS Hires Grafstein as Co-Head of M.&A. in the Americas  |  UBS has hired Laurence Grafstein, a veteran deal maker, as a co-head of mergers and acquisitions in the Americas, the Swiss bank announced on Tuesday in an internal memorandum reviewed by DealBook.
DealBook '

Nomura Said to Consider Overhauling Strategy  |  The Wall Street Journal reports: “The insider-trading scandal that has rocked Nomura Holdings this year was the last straw for Japanese regulators, who had already lost confidence in the leadership of the bank's executives over a money-losing push into investment banking overseas, say people with knowledge of regulators' thinking. Now, Nomura's new leaders are discussing the future of that global push as well as how to repair the company's relationship with financial authorities.”
WALL STREET JOURNAL

European Banks Contemplate Cutting More Than Jobs  |  The crisis in Europe may lead investment banks to shutter entire businesses, Bloomberg News reports.
BLOOMBERG NEWS

Santander Sells $2.5 Billion of Bonds  |  The deal was the first sale of senior unsecured bonds by a Spanish bank in more than five months, Bloomberg News reports.
BLOOMBERG NEWS

Pay for Chinese Bankers Lags Counterparts Overseas  |  Jamie Dimon, JPMorgan Chase's chief executive, earns $1.21 million for every $1 billion of profit, while the top executive at the Industrial & Commercial Bank of China makes $9,400 for the equivalent amount, Bloomberg News writes, adding that that gulf is set to widen this year.
BLOOMBERG NEWS

PRIVATE EQUITY '

White House Had a Hand in Private Equity Deal  | < /span> The Obama administration played a role in encouraging the Carlyle Group to invest in a Philadelphia oil refinery, when the imminent closure of the plant could have caused gas prices to rise, The Wall Street Journal reports.
WALL STREET JOURNAL

Once-Dominant Buyout Firms Face Skeptical Investors  |  Some of the private equity industry's big names, like WL Ross & Company and Providence Equity Partners, are facing challenges in attracting new capital, amid increased skepticism on the part of investors, The Wall Street Journal reports. But other firms that have posted strong returns are experiencing a surge of interest.
WALL STREET JOURNAL

French Insurer Prepares to Shed Private Equity Unit  |  Axa has agreed to ter ms for the sale of its majority stake in Axa Private Equity, putting the French insurer on track to spin out its private equity unit before the end of the year, Financial News reports, citing two unidentified people close to the firm.
FINANCIAL NEWS

Property Funds Turn to Wealthy Individuals for Capital  |  Firms including the Carlyle Group and Lone Star have raised money from rich people for risky real estate funds, as institutional investors, the traditional source of capital, pull back, The Wall Street Journal reports.
WALL STREET JOURNAL

HEDGE FUNDS '

Hedge Funds Give Greek Bonds a Fresh Look  |  Reuters reports: “A handful of plucky hedge funds are nibbli ng again at cut-price Greek government bonds, increasingly optimistic that progress in talks between Athens and international lenders will deliver a better principle payout for bondholders.”
REUTERS

City of Scranton Eyes a Hedge Fund Lifeline  |  The Times-Tribune newspaper of Scranton, Penn., reports: “Shunned by conventional banks and the municipal bond market, Scranton City Council is looking toward lenders of last resort - hedge funds - for $18.5 million needed to close a budget gap.”
SCRANTON TIMES TRIBUNE

UBS Executive Said to Plan to Start Hedge Fund  |  Eric Rosen, co-head of UBS's fixed-income, currencies and commodities business for the Americas, is leaving the Swiss bank in September to start a hedge fu nd focused on credit, Bloomberg News reports, citing an unidentified person familiar with the matter.
BLOOMBERG NEWS

Apple Stock Is ‘Hotel California' for Hedge Funds  |  The blog Zero Hedge notes that 230 hedge funds were long Apple stock as of June 30, making it by far the most popular stock for the industry.
ZERO HEDGE

I.P.O./OFFERINGS '

Legacy Investors Challenge Empire State Building I.P.O.  |  The Malkin family, which controls the Empire State Building, needs approval from 80 percent of the units held by legacy investors in order to form a trust and take the building public. But these investors have been vocal in their opposition, Bloomberg News writes.< br /> BLOOMBERG NEWS

Fred Wilson: Relax, Venture Investors Are Supposed to Sell  |  In recent days, early Facebook backers like Peter Thiel and Accel Partners have dumped large blocks of shares on the market, fanning concerns about the future of the social network. But Fred Wilson, a managing partner at Union Square Ventures and an early investor of Twitter, defended the practice.
DealBook '

Summit Midstream Partners Files to Go Public  |  Summit Midstream, which provides services to natural gas firms like Chesapeake Energy, is looking to raise up to $301.9 million in an I.P.O., Reuters reports.
REUTERS

Malaysian Cable Company Plans to R aise More Than $1.5 Billion  |  Astro Malaysia Holdings plans to sell 29.2 percent of its share capital in an I.P.O., according to an updated prospectus, with the deal expected to take place between late September and early October, The Wall Street Journal reports.
WALL STREET JOURNAL

VENTURE CAPITAL '

Entrepreneurs Put a New Emphasis on Revenue  |  Some start-up founders have modified their pitches to prospective investors to emphasize their potential to generate revenue, a sign that the early-stage fund-raising process has changed in the aftermath of Facebook's debut, Bloomberg News reports.
BLOOMBERG NEWS

Sequoia Capital Said to Be Set to Exceed Fund-Raising Goal  |  Bloomberg News reports that the venture capital firm Sequoia “is set to exceed its combined goal of $975 million for a trio of new early-stage funds, according to two people familiar with the matter.”
BLOOMBERG NEWS

Antenna Company Raises $12 Million From Bill Gates and Lux Capital  |  Bill Gates, Liberty Global and Lux Capital are investing in Kymeta, a start-up uses a lightweight material to make antennas intended to improve satellite connections used for broadband Internet.
DealBook '

Online Dating's Next Big Thing Is Offline  |  The New York Times writes: “Several sites are bringing people together the old-fashioned way, with singles parties where people can crowd together at bars while consuming alcohol and flirting.”
NEW YORK TIMES

LEGAL/REGULATORY '

R.B.S. Said to Draw Scrutiny for Business With Iran  |  The Royal Bank of Scotland is being investigated by the Federal Reserve and the Department of Justice for possible violations of sanctions with Iran, after offering information to regulators about 18 months ago, The Financial Times reports, citing unidentified people close to the situation.
FINANCIAL TIMES  |  BLOOMBERG NEWS

For Growth, Better Coordination on Bank Regulation Is Needed  |  Mohamed El-Erian, the chief executive of Pimco, writes that regulato ry agencies can avoid further deterioration of the financial system by working together for the benefit of the public and the economy.
DealBook '

S.E.C. Pays Out First Whistle-Blower Reward  |  Federal securities regulators say they have handed out the first reward under a new whistle-blower program, paying nearly $50,000 to an unnamed person who helped the agency shut down an investment fraud.
DealBook '

TCW Sued Over Carlyle Deal  |  EIG Global Energy Partners, the private equity firm that was spun out of the TCW Group in early 2011, sued the asset manager over its takeover by Carlyle, Reuters reports.
REUTERS

Regions Financial Exa mined for Ties to Recruiting Firm  |  The Wall Street Journal reports: “A federal grand jury is examining ties between Regions Financial Corp. and an executive-recruiting firm that entertained bank executives on golf trips and borrowed from the Alabama lender, according to documents reviewed by The Wall Street Journal and people close to the probe.”
WALL STREET JOURNAL

Restoring Trust in the Futures Market  |  Fixing the confidence gap does not require a wholesale restructuring of the regulatory system, argue the authors. Instead, they say, what is needed is new thinking, a commitment to ethics education and clarification of the laws already on the books.
DealBook '

The Winning Record of Prosecutors on Insider Trading  |  The United States attorney's office for the Southern District of New York has an 8-0 winning record in insider trading cases that have gone to trial under its wide-ranging investigation. Defendants may view that record as a sign that cooperation is their best option, Peter J. Henning writes in the White Collar Watch column.
DealBook '

Public Pensions Named to Lead JPMorgan Lawsuit  |  Bloomberg News reports: “Public pension funds from Arkansas, Ohio, Oregon and Sweden will be lead plaintiffs in a group lawsuit against JPMorgan Chase over trades made by Bruno Iksil, known as the ‘London Whale.'”
BLOOMBERG NEWS