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Visas-for-Dollars Program a Boon to Hotel Developers

When Marriott International wanted to open a new hotel in downtown Seattle, the company's developers didn't sell bonds, take out a mortgage or tap other traditional forms of financing for the $88 million project. Instead, it raised the bulk of the money from wealthy immigrants who wanted a green card.

A government program, which grants so-called EB-5 visas to foreigners who invest at least $500,000 in an American business, is now a popular source of financing for new Marriott hotels. Since the Seattle deal in 2008, the company has endorsed 14 projects that use EB-5 financing, including the downtown Milwaukee Marriott, a Courtyard Marriott in Midtown Manhattan and a $168 million hotel near the Staples Center in Los Angeles.

“It's created liquidity in a relatively illiquid market,” said Anthony Capuano, the chief development officer at Marriott.

The EB-5 program has been around since 1990, but small hotel developers started flocking to it in the afterma th of the financial crisis of 2008. They didn't have much choice. With the economy in tatters and the travel market tanking, many projects stalled or were canceled altogether when financing evaporated. Even now as the industry fundamentals improve and room occupancy rates rise, money is hard to come by - expensive for some, nonexistent for others.

The federal government offers an alternative. Under the Citizenship and Immigration Services' Immigrant Investor Program, foreigners can obtain EB-5 visas - essentially temporary residency status - by investing $1 million, or $500,000 in high unemployment areas, in a commercial venture that generates 10 jobs over two years.

It has proved to be a relatively cheap source of financing. Hotel developers can raise money through the EB-5 program by offering returns of less than 4 percent. In contrast, the interest rates on debt starts at 6 percent, with some riskier forms of financing running at 10 percent or higher. Investor s who take an equity stake in a hotel project aim for returns of 20 percent.

“Foreigners are buying visas and are much less concerned about the rate of return they earn on their investment,” said David Loeb, a senior analyst at Robert W. Baird.

Despite the potential advantages, big industry players were reticent at first. Many dismissed it as a marginal program for questionable projects that couldn't get financing any other way. They also wondered how developers could round up 200 investors to pay for a $100 million project.

“We would go to conferences and talk about the program, and people just didn't believe it was real - they didn't believe you could raise that much money,” said Catherine D. Holmes, partner at the law firm Jeffer Mangels Butler & Mitchell. Once Marriott was in the picture, “people started to take it more seriously,” said Ms. Holmes, whose firm is helping clients use EB-5 financing for 40 different hotel projects.

Over t he last 18 months, developers for Hilton Worldwide, Hyatt Hotels and Starwood Hotels & Resorts Worldwide have turned to EB-5 financing. In July, FelCor Lodging Trust announced plans to raise $45 million through EB-5 financing as part of its planned $230 million redevelopment of the Knickerbocker Hotel in Times Square. Sam Nazarian, the hospitality magnate known for his celebrity-packed hotels, restaurants and nightclubs in Los Angeles, plans to build the first SLS hotel in New York with EB-5 money.

“It's a method of financing that's current, available and very credible,” said Craig Mance, Hilton's senior vice president for development for North America “It's helping deals move forward.” Hilton has 10 projects relying on EB-5 financing.

EB-5 financing has been a boon to development broadly.

So far this year, the government has issued 3,002 temporary visas through the program, up from 640 in 2008. Most have gone to Chinese immigrants, with a number ha nded out to investors in Britain, India, the Netherlands and South Korea.

Developers often work with so-called regional centers, federally approved organizations that help them draw up business plans and recruit potential investors.

While the regional center program is slated to end on Sept. 30, the Senate approved a bill to extend it for three years. It is expected to pass Congress, although a date has not been set for the vote in the House.

The program has been a good fit for hotels, which create direct jobs - desk people, housekeepers and managers - as well as indirect employment for the companies providing towels and other supplies. “Hotels are 24-hour-a-day, 365-day businesses,” said Mr. Capuano of Marriott. “They're ideal for driving job growth.”

Marriott's 377-room hotel under construction in Los Angeles is estimated to generate 4,240 direct and indirect jobs by 2016, above its EB-5 goal of 3,360. The developers benefit in part from the hotel's proximity to the Staples Center, which houses four professional sports teams; Marriott guests are expected to help drive the sales of tickets and team souvenirs. The project even gets a boost from the jumbo electronic billboard outside the hotel, which should lead to jobs for advertising, marketing and leasing the sign.

“The idea is that more money in the economy equates to more jobs,” said Henry Liebman, the president of American Life, a regional center that worked with Marriott's developers.

The program has had its share of problems. It was suspended from 1998 to 2003 over complaints of fraud and corruption, according to the government agency that oversees that program. In some cases, a foreign investor would commit money with a promissory note, then never hand over the cash. There were also cases where middlemen would siphon off cash, leaving little for the developers. Other times, developers took the cash but never built the project.

“The re were some issues with investors trying to circumvent the capital and job-creation requirements,” said Claire Nicholson, a spokeswoman for Citizenship and Immigration Services.

The government has worked to clean up the program. Investors are now required to pay the full amount upfront and any fees to middlemen must be paid separately.

“We're committed to ensuring the program achieves its job creation mission efficiently and effectively,” Ms. Nicholson said.

As Marriott and other big hoteliers have jumped on board, they have also helped improve the credibility of the program, according to industry players.

The hotel companies closely analyze each project, whether or not they use EB-5 financing. They want to ensure the hotel meets brand standards and the debt levels are manageable.

“If someone tells me they've got a $10 million project and they've got $10.5 million in debt, that's a project that I'm going to question because it's overlev eraged,” Mr. Mance of Hilton said. It's up to the developers and the regional centers to ensure the project meets the EB-5 requirements.

Even after traditional financing comes back significantly, Marriott, Hilton and others say they are likely to continue using the EB-5 program. It's relatively cheap and stable, and it complements other financing sources. Said Mr. Mance: “If it works, why not use it again?”



E-Mail Birthday Intrigue

The other day, I got snookered.

On Aug. 30, I tweeted: “Happy birthday, email! 30 years old today!”

(Whereupon a fellow Twitterite, @bschorr, responded: “Little known fact: the 2nd e-mail sent 30 years ago started: ‘Dear friend, I am Humabli Kiprotich from Nigeria…'”)

I tweeted my message because I'd received a press release about it. “Today, August 30th, marks the 30th anniversary of email,” it said. “While the technology that we live by has come a long way since it was first copyrighted, we are still using the same To: From: Cc: Subject: Reply, Forward fields.” The press release went on to plug an e-mail service.

I did a quick check - I found this confirmation on what looked like Politico - and then tweeted.

But then I got the most intriguing note from Thomas Haigh, a technology historian, chairman of a professional group dedicated to information technology history, and “career academic”- via e-mail. It went like this:

A colleague sent me a copy of your tweet, “Happy birthday to EMAIL! 30 years old today!” I'm afraid that you've inadvertently endorsed the propaganda campaign of V.A. Shiva Ayyadurai, who has been mounting a vigorous but quixotic effort to convince the world that he invented email as a schoolboy between 1978 and 1982. He mounts his case at www.inventorofemail.com. However, his claims have been almost universally rejected by technology experts and historians, on the simple basis that you can't invent something during (or after) 1978 that was already in widespread use by that time.

Email, or electronic mail, is actually at least 40 years old, and the NY Times itself has documented its use in 1965 (4 7 years ago). Hence, collecting endorsements for the “30 year anniversary” claim, i.e. 1982 as the origin date for email, is an key strategy for Ayyadurai.

Ayyadurai is determined, wealthy, and an expert on internet publicity. He has assembled a network of websites and send out a series of press releases. The site you link to, Politico.biz, seems to be some kind of low-rent content farm, recycling stories and press releases such as Ayyadurai's, rather than a real news organization. He has misled a number of journalists on the lifestyle technology beat, including bloggers Emi Kolawole at The Washington Post and Doug Aamoth at Time. He was dismissed from his part-time teaching position at M.I.T. as a result of the embarrassment he caused the institution. Sometimes I wonder if the whole thing is some kind of postmodern performance art project, designed to show up the shortcomings of digital-age journalism!

I have a thorough treatment of his claims, based on an a rticle commissioned by the Washington Post after its ombudsman realized the paper had published a deeply inaccurate story.

Now, of course, you have no way to know I'm not the crank here, so here are some other treatments from Gizmodo, Techdirt, the Washington Post ombudsman and the Columbia Review of Journalism.

You've been around the technology world a long time, so I'm sure you would not have been misled for longer than it took to tweet. But Ayyadurai collects endorsements aggressively (he's very proud of convincing Noam Chomsky!) so I wonder if there is any way for you to tweet or blog a correction making clear that you are not endorsing his claims.

Yes, Tom, I'm happy to do so.

As the Gizmodo article puts it, “Shiva Ayyadurai didn't invent e-mail - he created ‘EMAIL,' an electronic mail system implemented at the University of Medicine and Dentistry in Newark, New Jersey. It's doubtful he realized it as a little teen, but laying cl aim to the name of a product that's the generic term for a universal technology gives you acres of weasel room. But creating a type of airplane named AIRPLANE doesn't make you Wilbur Wright.”

Anyway - what a weird, whacked-out story. It's so delicious, in fact, that I'm not even sorry I posted that bogus tweet in the first place.

And I wish e-mail the happiest of anniversaries - whenever it truly comes around.



JPMorgan Names New Head of Chief Investment Office

Continuing its management shuffle in the wake of a multi-billion dollar trading loss, JPMorgan Chase announced on Thursday that Craig Delany would take the helm of the chief investment office, the unit at the center of the soured trade.

Mr. Delany, 41, was most recently the chief operating office of JPMorgan's mortgage banking unit.

The latest management shift follow a broader reorganization of the bank's upper ranks recently, which were intended to strengthen JPMorgan's focus on its clients, especially as profits in other areas are threatened by regulatory changes and the gloom in Europe.

In July, JPMorgan promoted a number of younger executives, including Matthew E. Zames and Michael J. Cavanagh.

Mr. Delany, who will report to Mr. Zames, whose rise has generated new speculation about who may succeed the bank's chief executive, Jamie Dimon. Still, people close to the bank say that Mr. Dimon, who is 56, does not have plans to hand over the reins f or at least five years.

“Craig has been in the center of some of the company's toughest challenges, including the 2008 financial crisis, the acquisition of Bear Stearns, and helping to lead the turnaround of our Mortgage division following the housing collapse,” JPMorgan said in an e-mail on Thursday announcing the management moves.

JPMorgan has been working to contain the damages from the trading loss â€" a rare black eye for Mr. Dimon, once considered among the most deft risk managers on Wall Street.

In May, Mr. Zames, 41, took over the bank's chief investment office, succeeding Ina Drew, who was one of the more notable casualties of the trade, which has grown to $5.8 billion in losses.

Like Mr. Zames, Mr. Delany has gained a reputation as a kind of fix-it man. He was brought in to turn around the bank's struggling mortgage unit, which has been dogged by complaints of wrongful foreclosures and other processing flaws.

During Mr. Dimon's nea rly six-year reign, JPMorgan has had many management overhauls. In fact, few of the executives who made up Mr. Dimon's inner circle during the financial crisis â€" including Bill Winters, Steve Black and Heidi Miller â€" remain.



Appeals Court Revives Insider Trading Case Against Obus

A federal appeals court has revived a decade-old insider-trading case brought against a New York hedge fund manager by the Securities and Exchange Commission.

Nelson Obus, the president of Wynnefield Capital, was charged by the S.E.C. with illegal trading in the stock of SunSource after receiving confidential information about the company. Also charged in the case were Peter Black, an analyst at Wynnefield, and Thomas B. Strickland, a former employee at General Electric who was the alleged source of the secret tip that SunSource was about to be acquired by another company.

Judge George B. Daniels, a federal trial-court judge in Manhattan, had thrown out the case in late 2010. But on Thursday, a three-judge panel for the United States Court of Appeals for the Second Circuit reversed him.

“The S.E.C. established genuine issues of material fact with respect to its claims of insider trading,” wrote Judge John Walker, Jr., a federal appeals court judge.

Joel M. Cohen, a lawyer for Mr. Obus, said he and his client were disappointed by the ruling. “We will now prepare for trial and welcome the full airing of the facts, which will confirm the merits of our case,” he said.

Mark S. Cohen, a lawyer for Mr. Black, did not immediately respond to a request for comment.

“We are of course disappointed by this outcome but we knew it was a possibility based on the complexity of the law in this area,” said Roland G. Riopelle, a lawyer for Mr. Strickland.

The case against Mr. Obus centered on Allied Capital's 2001 acquisition of SunSource, a manufacturer of bolts, washers and lock nuts. Wynnefield owned nearly 6 percent of the company. The S.E.C. said that Wynnefield, his hedge fund, made $1.3 in illegal profits trading on an inside tip about the deal.

Wynnefield's source on the deal, regulators said, was Mr. Strickland, an associate at GE Capital, which was looking to finance Allied's acquisition of Su nSource. Mr. Strickland spoke with his friend Mr. Black, an employee of Wynnefield, but they insist that they did not discuss the potential merger.

The S.E.C. said that Mr. Obus bought SunSource stock while in possession of secret information about the Allied Deal. Mr. Obus said he had no knowledge of any possible transaction. When Allied announced its purchase, SunSource's stock nearly doubled.

Among the sticky legal issues in the case is whether Mr. Strickland violated a duty to his employer, General Electric, a necessary element of an insider trading lawsuit. Mr. Obus's lawyers argue that Mr. Strickland did not violate his duty to G.E., and that G.E. had not entered into any confidentiality agreement with SunSource.

Judge Daniels, the trial court judge, dismissed the case, ruling that “neither Strickland nor his employer, GE Capital, was a corporate insider of SunSource.” He added that the S.E.C. has not “demonstrated the requisite degree of decept ive conduct on the part of any defendant.”

The Second Circuit disagreed, ruling that “the S.E.C. has established genuine questions of fact about whether Obus knew that Strickland had breached a duty to GE Capital and whether Obus traded in SunSource stock while in knowing possession of the material non-public information that SunSource was about to be acquired.”

On Thursday, Mr. Cohen, a lawyer for Mr. Obus, said that for more than 10 years his client has refused to settle this lawsuit as a matter of principle.

“The facts remain the same: the lawsuit is baseless; Obus and Wynnefield behaved properly; and this case never should have been brought,” he said.

Mr. Obus, whose fund managed about $280 million in assets, has called the case “a nightmare” and said he has racked up more than $6 million in legal bills.



Business Day Live: Fashion\'s Seismic Shift

Europe takes new steps to shore up its economy. | Apple's rivals look for traction in the smartphone market. | Social media upsets the balance of power at Fashion Week.

Nomura Outlines $1 Billion Restructuring

TOKYO - Nomura, the scandal-hit Japanese investment bank, detailed a sweeping restructuring plan Thursday that will pare back its business to a shadow of what it held after acquiring parts of Lehman Brothers in 2008.

Most of the $1 billion in cuts, initially announced last week, will be made abroad and are driven by a grim outlook for the global economy, Koji Nagai, Nomura's new chief executive, told analysts and investors at the firm's headquarters in Tokyo.

Taking the brunt of the cutbacks will be Nomura's operations in Europe, which will account for 45 percent of the savings, and the Americas, which will account for 21 percent, the firm said.

Though Mr. Nagai declined to say how many jobs Nomura would cut, the company said it would shave $450 million from personnel expenses. Other cuts would come from savings made by optimizing spending on information technology, according to the bank.

‘‘We will take stock of the company from the roots upward and rebuild,'' Mr. Nagai said.

It has been a swift and striking fall for Nomura. In 2008, it snapped up the Asian and European operations of Lehman Brothers, the failed American brokerage firm for a nominal sum and set out to build a global investment franchise.

But that acquisition saddled Nomura with huge personnel costs, and the daunting task of marrying two vastly different corporate cultures undermined efforts to capitalize on Lehman's talent pool.

Many top Lehman executives left Nomura, and the firm was forced to cut costs and end the hemorrhaging of money in its wholesale operations, which include equities, fixed income and investment banking. Nomura's foreign operations have lost money for nine consecutive quarters.

Earlier this week, one of the last Lehman executives that remained at Nomura, the top deal maker William Vereker, stepped down as joint head of investment banking, He is widely expected to leave the c ompany soon.

Compounding the problems, an insider trading scandal in Japan earlier this year forced Nomura to replace its chief executive, Kenichi Watanabe - who handled the bank's takeover of Lehman and had pushed for global expansion - with Mr. Nagai, who was the head of the Japanese domestic securities unit.

Under Mr. Nagai, the bank is narrowing its global aspirations and will focus closer to home in Asia, where it can better leverage its dominant position in Japan, senior executives said.

‘‘When the global economy comes back, the recovery will start in Asia. So we place great weight on Asia,'' Atsushi Yoshikawa, Nomura's new chief operations officer, said. ‘‘But we have no plans to make aggressive investments like the kind we've made in America over the past three years. We intend to make good with what we have.''

The latest cutbacks will come on top of a $1.2 billion cost-saving effort Nomura struggled through last year t hat targeted its equities, fixed-income and investment banking operations. That round of cuts eliminated 1,000 jobs.

Mr. Yoshikawa said that Nomura would bolster the profitability of its wholesale banking business and look to fixed income to drive its business. Nomura will also streamline its investment banking operations and focus on deals in sectors where the firm retains some traction, like finance and retail.

The company plans to scrutinize sectors or businesses that perform poorly for two years in a row. Nomura's electronic brokerage unit Instinet, which it bought in 2006, will handle most equities execution outside Japan. [

Nomura will wrap up the latest restructuring effort by the end of March 2014, it said. The bank aims for 250 billion yen in pretax profit in the fiscal year that ends in March 2016, of which 75 billion yen would come from its domestic wholesale division and 50 billion yen from wholesale operations overseas.

Hisako Ueno contributed reporting.



Real Estate Companies Strike $2.9 Billion Deal

Realty Income agreed to acquire American Realty Capital Trust on Thursday, striking a $2.9 billion deal involving hundreds of retail and commercial properties.

As part of the deal, Realty Income will issue $1.9 billion in common stock to American Realty Capital Trust shareholders, repay more than $570 million of the takeover target's outstanding debt and assume about $526 million of other obligations. Realty Income said it would award fractional shares worth $12.21 apiece, slightly above the $11.96 closing price of American Realty shares on Wednesday but far below Realty Income's closing stock price of $42.48.

The deal, Realty Income said Thursday, will shape the combined companies into the 18th largest real estate investment trust in the United States. With the addition of 501 properties, including a broader array of commercial buildings, the company will now have more than 3,250 properties in its arsenal.

“In an industry where size matters, Realty Inc ome has now managed to construct an enterprise that is bigger by an order of magnitude, and financially stronger than any of its competitive set,” William M. Kahane, chief executive of American Realty Capital Trust, said in a statement.

The companies said Thursday that they expected to close the deal in the fourth quarter of 2012 or early 2013. Both companies must first hold a shareholder vote.

Bank of America Merrill Lynch and Wells Fargo Securities were the financial advisers to Realty Income, while Latham & Watkins was the company's legal adviser. Goldman Sachs and Proskauer Rose advised American Realty Capital Trust.



A.I.G. to Raise $2 Billion for Share Buyback

The insurance giant American International Group said on Thursday that it planned to sell a $2 billion stake in its Asian insurance unit as it seeks to repurchase $5 billion of its own stock from the United States government.

The move is the latest effort by A.I.G. to shed assets and repay the government after the insurance firm received a $182 billion bailout in 2008.

A.I.G. has been progressively selling down its stake in its Asian insurance business, A.I.A., since listing the company on the Hong Kong stock exchange in an initial public offering that raised $17.8 billion.

Under the terms of the deal announced on Thursday, A.I.G. will offer investors 600 million shares in A.I.A. at 25.75 Hong Kong dollars to 26.75 Hong Kong dollars, according to the term sheet obtained by DealBook.

The price range represents between a 2.1 percent discount to a 1.7 percent premium on the Asian insurer's closing price on Thursday. The deal will leave the insurer with around a 13 percent stake in A.I.A.

Earlier this year, the insurance company also sold a $6 billion stake in its Asian unit, which is the region's third-largest insurer.

The American company said on Thursday that it would buy as much as $5 billion of its own stock, the firm's third repurchase of its shares so far this year. A.I.G. added that it would use the proceeds of the A.I.A. share sale, in part, to repurchase the shares.

The Treasury Department also has been selling its stake in the insurance giant. Last month, officials said they would sell around $5 billion worth of A.I.G. stock to reduce the government's holding in the firm to around 53 percent, from 92 percent when the insurer was first bailed out.

The government's links with A.I.G. now lie primarily with the Treasury Department's shares in the insurer. The holdings could prove profitable. The stock is currently trading at almost $35, ahead of the government's break-even price of $29.

Since receiving a government bailout, the insurer has recovered by re-inventing itself as a smaller company that largely shies away from the complex investments that nearly led to its downfall.

Goldman Sachs and Deutsche Bank are managing the $2 billion share sale for A.I.G.



A.I.G. to Raise $2 Billion for Share Buyback

The insurance giant American International Group said on Thursday that it planned to sell a $2 billion stake in its Asian insurance unit as it seeks to repurchase $5 billion of its own stock from the United States government.

The move is the latest effort by A.I.G. to shed assets and repay the government after the insurance firm received a $182 billion bailout in 2008.

A.I.G. has been progressively selling down its stake in its Asian insurance business, A.I.A., since listing the company on the Hong Kong stock exchange in an initial public offering that raised $17.8 billion.

Under the terms of the deal announced on Thursday, A.I.G. will offer investors 600 million shares in A.I.A. at 25.75 Hong Kong dollars to 26.75 Hong Kong dollars, according to the term sheet obtained by DealBook.

The price range represents between a 2.1 percent discount to a 1.7 percent premium on the Asian insurer's closing price on Thursday. The deal will leave the insurer with around a 13 percent stake in A.I.A.

Earlier this year, the insurance company also sold a $6 billion stake in its Asian unit, which is the region's third-largest insurer.

The American company said on Thursday that it would buy as much as $5 billion of its own stock, the firm's third repurchase of its shares so far this year. A.I.G. added that it would use the proceeds of the A.I.A. share sale, in part, to repurchase the shares.

The Treasury Department also has been selling its stake in the insurance giant. Last month, officials said they would sell around $5 billion worth of A.I.G. stock to reduce the government's holding in the firm to around 53 percent, from 92 percent when the insurer was first bailed out.

The government's links with A.I.G. now lie primarily with the Treasury Department's shares in the insurer. The holdings could prove profitable. The stock is currently trading at almost $35, ahead of the government's break-even price of $29.

Since receiving a government bailout, the insurer has recovered by re-inventing itself as a smaller company that largely shies away from the complex investments that nearly led to its downfall.

Goldman Sachs and Deutsche Bank are managing the $2 billion share sale for A.I.G.



Morning Take-Out

TOP STORIES

Qatar Imperils Big Merger of Commodity CompaniesQatar Imperils Big Merger of Commodity Companies  |  A megamerger in the natural resources business is close to falling apart.

On Friday, shareholders in Xstrata, one of the world's biggest miners of copper and coal, are to vote on an offer from Glencore, which dominates the global trading of such materials. The deal, which values the combined company at $86 billion, would create a commodities behemoth whose activities touch all types of companies that need raw materials to make cornflakes, cars, mobile phones and other goods.

But Qatar Holding, a unit of the Persian Gulf nation's sovereign wealth fund, is poised to squash the acquisition.

Over the last year, Qatar, an increasingly powerful investor with holdings in large multinational companies, has spent nearly $5 billion amassing a 12 percent share of Xstrata. That stake gives Qatar a big voice in the process, and it plans to vote against the deal.
DealBook '

Pruning Hedge Fund Regulation Without Cultivating Better RulesPruning Hedge Fund Regulation Without Cultivating Better Rules  |  Fresh from having declined to constrain money market funds, the Securities and Exchange Commission has moved to loosen marketing constraints on hedge funds, writes Jesse Eisinger in The Trade.

Two weeks ago, the agency threw up its hands and said it would not be able to defend millions of investors from money market funds that do things like invest in dodgy European bank bonds yet proclaim themselves to be perfectly safe.

Instead, the S.E.C. - mandated by Congress through its misnamed and harmful JOBS Act - proposed rules last week to lift advertising restrictions for hedge funds and other kinds of private investment offerings. The rules haven't been completed, but we can look forward to an ad featuring a wizened couple in matching tubs overlooking a sunset, holding hands and talking about how they just put money with the next George Soros.

The old rules for hedge funds make little sense. Surely, hedge funds should be able to promote themselves to investors with data about their returns and methods. But there's a problem: The S.E.C. does not have any new resources and has not put in place any policies to police these promotions.
DealBook '

DEAL NOTES

European Central Bank to Unveil Its Plan  |  Markets are expecting an announcement of bold action on the part of the European Central Bank to combat the Continent's debt crisis. A press conference is set for 8:30 a.m. Eastern Time.
EUROPEAN CENTRAL BANK

Warren Takes on Wall Street in Convention Speech  |  Elizabeth Warren, the Harvard professor and Senate candidate who conceived of the Consumer Financial Protection Bureau, gave that agency a shout-out during her speech at the Democratic National Convention on Wednesday.

She also had some choice words for the financial industry: “Wall Street C.E.O.'s - the same ones who wrecked our economy and destroyed millions of jobs - still strut around Congress, no shame, demanding fav ors, and acting like we should thank them.”
WALL STREET JOURNAL  |  NEW YORK TIMES

Robert Rubin Falls in Pool  |  The former Treasury secretary probably didn't intend to go swimming during a happy hour party at the Ritz-Carlton in Charlotte, N.C.
HUFFINGTON POST

As Conventions Unfold, Goldman Sits on Sidelines  |  Goldman Sachs has contributed to the Democratic and Republican conventions in years past, but this time around, amid increased scrutiny on special interests, the firm has chosen not to finance either party's event, Bloomberg News reports.
BLOOMBERG NEWS

Mergers & Acquisitions '

U.P.S. Deal for TNT Express Hits Fresh Delays  |  United Parcel Service said on Wednesday that its $6.5 billion acquisition of TNT Express could be delayed until 2013, as European antitrust officials extended the review period for the deal.
DealBook '

A.I.G. to Sell Part of AIA Stake  |  A.I.G. is looking to raise up to $2 billion from the sale of shares in the AIA Group, money that it plans to use to finance a repurchase of some of its own shares from the United States government, Reuters reports.
REUTERS

Shareholders to Vote on Heineken's Bid for Asian Brewer  |  As Heineken looks to take control of Asi a Pacific Breweries by buying a 40 percent stake, shareholders of Fraser and Neave, which owns the stake, will weigh in on Sept. 28, Reuters reports.
REUTERS

Controlling Shareholder of Luxottica to Sell Stake  |  The holding company Delfin Sarl, which owns 66 percent of the Luxottica Group, plans to sell 7 percent of the Italian eyewear maker, a deal that could be worth about $1.3 billion, The Wall Street Journal reports.
WALL STREET JOURNAL

Lenovo to Buy Brazilian Electronics Maker  |  The computer maker Lenovo is buying Digibras for roughly $147 million as it looks to expand in Brazil, Bloomberg News reports.
BLOOMBERG NEWS

INVESTMENT BANKING '

Goldman Expands Offerings for Wealthy Individuals  |  Goldman Sachs's private bank, which lends to wealthy individuals, is offering two new products that together are expected to increase the unit's lending by almost $1 billion, The Financial Times reports.
FINANCIAL TIMES

Former Goldman Executive Joins Strategic Value Partners  |  Stephen J. McGuinness, the former co-chief operating officer of Goldman Sachs Asset Management, has joined the investment firm Strategic Value Partners as a senior managing director.
DealBook '

Goldman Energy Banker to Join R.B.C.  |  Eric Batchelder, who advised energy and power c ompanies while at Goldman Sachs, has joined the investment bank of the Royal Bank of Canada, and is still based in New York, Bloomberg News reports.
BLOOMBERG NEWS

Nomura Gives More Details on Cost-Cutting Plan  |  At a briefing in Tokyo on Thursday, Nomura said 45 percent of its planned $1 billion in cuts would come from the region encompassing Europe, the Middle East and Africa, with the Americas accounting for 21 percent, Reuters reports.
REUTERS

Citigroup to Open a Commodity Trade Financing Business  |  The bank is looking to gain market share from European lenders, as it sets up a unit to provide financing to firms that trade commodities, The Financial Times reports.
FINANCIAL TIMES

Morgan Stanley Brokers Meet With the Boss  |  Gregory J. Fleming, the president of Morgan Stanley Smith Barney, met with financial advisers to discuss technology problems and assure them the firm was working to make improvements, after a report said some brokers were considering leaving, Bloomberg News reports.
BLOOMBERG NEWS

Team of Morgan Stanley Brokers Heads to Barclays  |  A group of Morgan Stanley Smith Barney Brokers that includes Wayne Chrebet, the former wide receiver on the Jets, is joining the wealth management division of Barclays, Bloomberg News reports.
BLOOMBERG NEWS

UBS Said to Seek a Leader for Brazil Unit  |  As Lywal Salles, UBS's chief executive for Brazil, prepares to retire, the Swiss bank is looking to hire a replacement, Bloomberg News reports, citing two unidentified people with knowledge of the plans.
BLOOMBERG NEWS

Survey Deems JPMorgan's Investment Bank Best Place to Work  |  In a survey of some 3,500 Wall Street professionals, JPMorgan's investment bank was selected as the best firm to work for in North America this year, judging by quality of life and overall prestige.
DealBook '

Greenhill Expands Capital Advisory Group  |  The boutique investment bank Greenhill & Company has hired three people in its private capital advisory group, betting the division will become a significant source of revenue at a time when merger-related work can be scarce.
DealBook '

Credit Card Companies Take an Interest in Myanmar  |  MasterCard is preparing to introduce its cards to Myanmar, and other companies are also taking an interest in what The Wall Street Journal calls “arguably the world's sexiest new frontier market.”
WALL STREET JOURNAL

PRIVATE EQUITY '

Blackstone Raises $2.5 Billion Fund for Energy Deals  |  The private equity giant Blackstone Group is equipped with a new war chest to try to take advantage of a recent rise in energy deals, Reuters reports.
REUTERS

Billabong Said to Get a R ival Offer From Bain  |  The Australian surf wear company Billabong, which has been courted by TPG, received another offer of about $707 million from Bain Capital, setting the stage for a possible bidding war, Bloomberg News reports, citing unidentified people familiar with the matter.
BLOOMBERG NEWS

Special Tax Rate Underlies a Private Equity Debate  |  Tax experts disagree on whether the practice of re-routing management fees into capital gains is legal. But The New York Times editorial board writes: “The best way to end this problem is to get rid of the special rate for capital gains. As long as income from investments is taxed at a lower rate than income from work, there will be no stopping the search for ways, legal or otherwise, to pay the lower rate.”
NEW YORK TIMES

Home Security Company Said to Consider Selling Itself  |  Vivint, which sells home security technology, could be valued at as much as $2 billion in a sale, and has attracted interest from firms including the Blackstone Group, Reuters reports, citing unidentified people familiar with the matter.
REUTERS

HEDGE FUNDS '

Biggest Hedge Funds Get Bigger  |  According to the biannual Billion Dollar Club survey from Absolute Return, the largest 268 hedge funds in the Americas oversaw $1.42 trillion as of July 1, compared with $1.34 trillion six months earlier.
AR MAGAZINE

New York Pension Official to Join Bridgew ater  |  Ranji H. Nagaswami, who was New York City's first chief investment officer for pensions, has joined the giant hedge fund Bridgewater Associates, Bloomberg News reports.
BLOOMBERG NEWS

James Simons Hosts a Fund-Raising Event  |  James H. Simons, the billionaire hedge fund manager, hosted a briefing in Charlotte, N.C., on Wednesday for Democratic donors and potential donors, a crowd that included Rahm Emanuel, the Chicago mayor, The New York Times reports.
NEW YORK TIMES

Defensive Hedge Funds Forced to Play Catch-Up  |  Some funds that bet on a decline in stocks this summer may have to start buying “just to avoid being left in the dust,” The Wall Street Journal writes.
WALL STREET JOURNAL

I.P.O./OFFERINGS '

Safeway Plans I.P.O. of Gift Card Unit  |  Shares of Safeway climbed after the supermarket chain announced plans to sell a minority stake in its fast-growing Blackhawk Network gift card business.
DealBook '

Lord & Taylor Owner Hudson's Bay Explores I.P.O.  |  Plans for an initial public offering in Toronto are in the works for the Hudson's Bay Company, parent of The Bay stores in Canada and Lord & Taylor in the United States, according to two people briefed on the talks.
DealBook '

R.B.S. Insurance Unit to Cut 900 Jobs  |  The Direct Line Insurance Group, owned by Royal Bank of Scotland, has announced plans to cut about 900 jobs as it looks to reduce costs ahead of an initial public offering.
DealBook '

Malaysian Property Trust Said to Raise $269 Million in I.P.O.  |  The IGB Real Estate Investment Trust, an arm of the Malaysian property developer IGB, priced its units at the top of an expected range, Bloomberg News reports, citing three unidentified people with knowledge of the matter.
BLOOMBERG NEWS

VENTURE CAPITAL '

Adviser to Start-Ups Warns Against Google Ventures  |  Paul Graham, a founder of Y Combinator who coaches dozens of entrepreneurs, said in an e- mail on Wednesday that start-ups should avoid taking “lowball offers,” especially from the venture capital affiliate of Google, Business Insider reports.
BUSINESS INSIDER

Amid Hacker Attacks, Security Start-Ups Draw Attention  |  Accel Partners announced a big investment in Tenable Network Security, a maker of security software, as venture capital firms plow more and more money into such start-ups.
DealBook '

The Potential Pitfalls of Crowdfunding  |  In a post on Techonomy, Eric Schonfeld writes that anyone planning to engage in crowdfunding under new rules shouldn't expect a Kickstarter-like experience. He writes: “The instant you get shares for your money, no matter how few, your expectations change. It becomes a n investment and most people will want a return on that investment, otherwise they will see it as a failure and won't be likely to invest again.”
TECHONOMY

LEGAL/REGULATORY '

Another Trader Under Scrutiny in JPMorgan Loss  |  Julien Grout, who worked in JPMorgan Chase's chief investment office and reported to Bruno Iksil, is now the fourth trader to be investigated by authorities for the bank's multibillion-dollar trading loss, Reuters reports, citing unidentified people familiar with the situation.
REUTERS

Greece Again Takes Center Stage  |  Prime Minister Antonis Samaras of Greece is working to craft a deal to cut even more deeply from government spending be fore international lenders arrive for an inspection. The New York Times writes: “The country's next installment of bailout money will depend on his getting a passing grade. But on the streets of Athens, there is a sense that this latest effort to placate Greece's lenders may be a last straw for the public.”
NEW YORK TIMES

Regulators Clarify Timing of New Derivatives Rules  |  After months of uncertainty, federal authorities now say some new derivatives rules will not take effect until Jan. 1, providing a brief - but important - extension to Wall Street.
DealBook '

When Fairness Opinions Are Used Outside of Mergers  |  The growth of fairness opinions, which are used in merger deals to provide a gauge of a company's wor th, in nontraditional situations is an emerging trend that deserves scrutiny, the author writes.
DealBook '

Newspaper Publisher Files Again for Bankruptcy  |  The Journal Register Company, which filed for Chapter 11 bankruptcy protection on Wednesday three years after emerging from an earlier bankruptcy, is pursuing a quick sale, its owner said, according to The Associated Press.
ASSOCIATED PRESS



Thrive Capital Raises $150 Million Fund, Bolstering Profile

Thrive Capital, a venture capital firm based in Manhattan and run by Joshua Kushner, has raised $150 million for its latest fund as it seeks to raise its profile and become more competitive against larger firms.

The firm spent about 10 weeks raising the fund, receiving commitments from new and existing limited partners, a group that includes Princeton University, Hall Capital Partners, the Wellcome Trust and Peter Thiel, an early backer of Facebook.

The fund, which was oversubscribed, will operate under a broad mandate, with the flexibility to pursue early or later stage start-ups in the Internet sector. In total, Thrive has raised about $200 million across three funds.

“Thrive is opportunity driven,” Mr. Kushner, 27, said in an interview by phone. “We invest in assets as opposed to stage or geography.”

Mr. Kushner, son of the real estate magnate Charles Kushner and brother of Jared Kushner, owner of The New York Observer, has spent the last three years investing in social and e-commerce Internet start-ups.

He co-founded Vostu, a Brazilian social game company. He was also an early backer of Fab.com, a flash sales site that recently raised $105 million; Hot Potato, which was sold to Facebook; and GroupMe, a messaging service acquired by Skype last year.

His firm was also one of the lead investors in Instagram's $50 million financing round in April. The investment, which valued the photo-sharing service at half a billion dollars, was closed mere days before Facebook purchased the company for roughly $1 billion. However, the value of the deal, a combination of cash and stock, has since fallen as Facebook's stock price declined sharply.

Though Mr. Kushner says he recognizes the weakness in the I.P.O. market, he remains bullish on the technology sector and the disruptive power of the Internet. And while Thrive has largely been defined by its consumer Internet plays, he said he was willing to invest in a broad array of start-ups, in the United States, Latin America or elsewhere.

“Many see the way the Internet has already transformed our daily lives and conclude that most of the change that was going to happen already has.” he said. “I am of the belief that it is only the beginning.”

The Wall Street Journal had earlier reported that Thrive was seeking to raise $150 million.