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How Much Does the Fed\'s Plan Really Help Main Street?

Ben Bernanke, the Federal Reserve chairman, said Thursday that the Fed's new stimulus was meant to help Main Street.

One way to gauge the extent to which Main Street might benefit is to look at the interest rates ordinary people pay on their mortgages, credit cards and car loans. Those rates, however, those don't make the strongest case for Mr. Bernanke being a man of the people.

Since 2008, the Federal Reserve has purchased some $2.75 trillion of bonds. On Thursday, it promised to keep buying bonds until it felt comfortable that the jobs market was properly back on its feet.

The Fed's purchases aim to drive down borrowing costs for companies and consumers. In theory, this will make them more likely to take out loans to buy goods and services, stimulating the wider economy in the process.

By some measures, the Fed's policies have worked. Mortgage rates have fallen to multidecade lows, large corporations have had no trouble issuing bonds, the econom y is growing and the private sector has been adding jobs for months now.

The Fed's largess has even helped borrowers much lower down the credit scale. Lenders are making lots of subprime auto loans right now. Some $14 billion of such loans have been packaged up into bonds and sold to investors so far this year, according to Fitch Ratings. At the rate companies are lending, the 2012 total for subprime car loans could exceed $20 billion, which would put this year on par with 2005, a boom year.

But in many cases borrowers could be getting an even bigger benefit. As the Fed's actions have pushed down some key rates, the ones that consumers borrowed at haven't fallen anywhere near as much.

The federal funds effective rate, one short-term rate that banks use to lend to each other, is at 0.14 percent. That compares with a rate of 3.62 percent in September 2005.

The 10-year Treasury note has a yield of 1.87 percent, down from 4.2 percent in 2005. These are h uge declines.

Yet the cost of credit card loans has hardly budged. The Fed's own data shows that average credit card interest rate was 12.06 percent earlier this year; in 2005, it was 12.45 percent.

One explanation is that the banks making credit card loans have to charge that level to cover the costs of their own borrowing. But that doesn't seem to be the case.

For instance, JPMorgan Chase, a big credit card lender, paid an average of just 0.76 percent on its liabilities in the second quarter of this year. That's way down from 3.1 percent in 2005.

The banks' fears of credit-card defaults could be a driver. They may want to charge more than 12 percent to cover these potential costs, which are always part and parcel of doing credit card loans. If so, that fear could prevent certain consumer rates from falling much further, limiting the impact of the Fed's policies.

But even when fear of default is removed from the equation certain interest rates seem to be stuck too high.

Take mortgages. The federal government agrees to shoulder the cost of defaults in nearly all of the mortgages made today. Banks make mortgages to borrowers, and then take those loans and attach the government guarantee of repayment to them.

After that, they package the loans into bonds, which they then sell to investors. The Fed's purchases of these bonds have helped their yields fall to 2.2 percent. But the cost of mortgages to borrowers hasn't fallen anywhere near as much.

The banks are choosing not to reduce mortgage rates further. One reason: By keeping the rates elevated, they are able to earn much larger profits when they sell the mortgages into the bond market. If the level of profits on those sales stayed at recent average levels, borrowers might, for instance, pay $30,000 less in interest payments on a $300,000 mortgage, according to a recent New York Times analysis.

Based on these practices, it seems as if the ba nks are an obstacle to the Fed's latest efforts to generate economic growth. It's almost impossible to imagine the Fed forcing banks to lower credit card rates, or take lower profits on their mortgage sales.

Main Street may therefore have to wait a long time for the full effect of the Fed's latest actions.



As His Fraud Trial Opens, Ex-UBS Trader Is Accused of Brazen Gambling

LONDON - Fictitious trading and brazen gambling by a single individual could have brought down the Swiss financial giant UBS, a British prosecutor said on Friday at the trial of a former bank employee accused of causing a multibillion-dollar trading loss.

That thesis is at the heart of the case against Kweku Adoboli, a former UBS trader in London who faces four counts of fraud and false accounting in connection with a $2.3 billion loss at the Swiss bank. He has pleaded not guilty to the charges.

In their opening statement, prosecutors portrayed Mr. Adoboli as a free-wheeling trader who doctored documents, invented profits and fabricated clients to cover up his rogue activities. Sasha Wass, the lead prosecutor, told a jury that Mr. Adoboli was motivated by greed and ego as he looked to increase his salary and status at the bank.

At one point, the former UBS trader had $12 billion on the line, according to prosecutors. Those activities, the jury heard, thr eatened the bank's health.

“The scale of Mr. Adoboli's gambling was so large and unchecked, he could quite easily have approached and even exceeded the limits of the bank's resources,” Ms. Wass said in the Southwark Crown Court. “He was a gamble or two away from destroying Switzerland's largest bank for his own benefit.”

Prosecutors previewed their case before a packed courtroom in central London. During the nearly five hours of opening statements, Mr. Adoboli, in a gray suit and purple tie, sat quietly, surrounded by lawyers, while several of his friend listened in the courtroom.

If convicted, Mr. Adoboli could face up to 10 years in prison. The trial is expected to last eight weeks.

The case has been a black eye for UBS. After discovering the trading loss, Oswald J. Grübel, who had been hired to lead a turnaround at the bank, stepped down as chief executive. The co-chiefs of global equities, the division where the loss occurred, also subseq uently left UBS.

On Friday, prosecutors said Mr. Adoboli took pains to evade internal controls.

According to prosecutors, the former UBS trader, who focused on a plain-vanilla version of derivatives trading, falsified trades valued from $5 million to $20 million. Mr. Adoboli even created separate accounts, which he called his “umbrella,” to hide the profits and losses of his unauthorized activities. In 2009, the so-called umbrella held $30 million, according to the prosecution.

At first, the tactics paid off.

The former trader had earned a combined $90 million profit for both UBS and its clients by May 2011, prosecutors said. Mr. Adoboli's salary rose tenfold, to £350,000 ($569,000) between 2006 and 2010, according to the prosecution.

Despite the early gains, Mr. Adoboli's trades started to go bad last summer as the world's financial markets grappled with the European debt crisis.

By June, the former trader had exceeded his tradi ng limit by $1 billion after creating a series of fictitious trades, the prosecution said. His investments had risen to $5 billion as of August, and Mr. Adoboli posted a $1.8 billion loss on the activity, which he also hid through false accounting, Ms. Wass told the jury.

The unauthorized trades left the Swiss bank at risk. In an internal investigation, UBS found that the reported risk of Mr. Adoboli's activity totaled $1.5 million by mid-September 2011, according to prosecutors. In reality, the financial risk stood at $8.1 billion.

“Mr. Adoboli had ceased to act as a professional investment banker and had begun to approach his work as a naked gambler,” Ms. Wass told the jury.

Last August, risk managers at UBS began to ask questions about his positions. William Steward, an accountant at the firm, challenged Mr. Adoboli several times about discrepancies in his trades, Ms. Wass told the jury.

After the bank raised further concerns, Mr. Adoboli walke d out of UBS on Sept. 14 and wrote an e-mail to Mr. Steward that the prosecution referred to as a “bombshell e-mail.” In the note, Mr. Adoboli said his recent trades had not been hedged, leaving the bank exposed to potential multibillion-dollar losses. Ms. Wass said that in the e-mail, the former UBS trader initially said he had acted alone, though he later claimed that some of his colleagues were aware of his actions.

“Although I had a couple of opportunities to unwind the long trade for a negligible loss, I did not move quickly enough,” Mr. Adoboli wrote to UBS executives. “I take full responsibility for my actions and the stilt storm that will now ensue.”

After senior managers received the e-mail, they demanded Mr. Adoboli return to the London office to explain his actions.

In a series of meetings that lasted until the early morning on Sept. 15, UBS executives peppered Mr. Adoboli with questions about his trades. During the discussions, the f ormer trader admitted that he had first falsified records in 2008 after making a $400,000 trading loss, according to the prosecution. Mr. Adoboli said that he had concealed the losses in the hopes of recovering the money through future trades.

“The bank cannot be faulted for trusting him,” Ms. Wass told the jury. “They respected him, and he abused their trust to cheat them for his own eventual gain.”



Week in Review: Contrarian Bets Looking Smart

WEEK IN VERSE Wilco provides the right soundtrack for anyone making a big bet this weekend.

We examined contrarian bets on European bonds that are looking pretty smart right now. And with Treasury set to reduce its A.I.G. bet below 50 percent, Andrew Ross Sorkin called a critic of the bailout.

A look back on our reporting of the past week's highs and lows in finance.

Thai Billionaire Tries to Edge Out Heineken for Singaporean Brewery | Charoen Sirivadhanabhakdi's $7.3 billion takeover offer for Fraser & Neave could scuttle plans by the Dutch brewer to buy its beer unit, Mark Scott reported. DealBook '

The battle for Asia Pacific Breweries comes as many of the world's beer companies are turning to emerging markets in search of growth.

Europe's Air and Military Companies in Merger Talks | EADS, which is the parent of Airbus, and BAE Systems said they were in discussio ns about a potential merger that would create an industry behemoth with a combined market value of nearly $50 billion, Nicola Clark reported. DealBook '

While government contracts provide steady revenues, large European countries and the United States are pulling back on their military spending, weighing on the prospects of BAE Systems. Passenger airlines, the main customers of Airbus, have perked up lately, after some difficult periods.

As BP Refocuses, It Sells Gulf Assets for $5.6 Billion | DealBook '

BP agreed “to sell a stake in a group of oil fields in the Gulf of Mexico to the Plains Exploration and Production Company of Houston for about $5.6 billion,” Stanley Reed reported.

Robert W. Dudley, chief executive of BP, is raising money to pay for cleanup costs and potential fines resulting from a huge oil spill in the Gulf of Mexico in 2010. Mr. Dudley has been refocusing BP on high-risk, high-return front ier exploration and production, including deepwater fields.

Glencore Revises Merger Offer to Xstrata | The world's largest commodities trader confirmed that it was offering 3.05 of its shares for every mining company share, Mr. Scott reported. “The deal would value the combined company at $90 billion. Large shareholders, including Qatar Holding, balked at the initial offer of 2.8 shares to one.” DealBook '

“The new proposal is structured far less aggressively than the straight takeover hinted at on Friday,” Ash Lazenby, an analyst at Liberum Capital in London, said in a research note on Monday. “We expect the revised structuring should get Xstrata board's recommendation.”

Book by Former Banker Promises Peek Inside Goldman Sachs | Greg Smith's memoir comes just seven months after his Op-Ed page article detailed business practices that reflected, more broadly, a corrosive culture at the nation's largest banks, Peter Lattman an Julie Bosman reported. DealBook '

While Mr. Smith's opinion article became rich fodder for critics of Wall Street banks and the reckless lending and business practices that led to the global financial crisis, it was largely devoid of specific details. Whether the 288-page book fills in the blanks remains an open question.

Morgan Stanley to Take Over Smith Barney, With Citigroup's Blessing | The banks agreed to value the brokerage operation at $13.5 billion. That figure was significantly closer to Morgan Stanley's estimate of the unit's worth, letting it buy the rest of the enterprise at a lower price, Michael J. de la Merced reported. DealBook '

Now the challenge will be whether the business of advising wealthy customers on their investments can help lift Morgan Stanley's sagging fortunes as its core investment banking and trading operations contend with difficult markets and a heavier regulatory burden .

Deal Professor: Seeking Critical Mass of Gender Equality in the Boardroom | Steven M. Davidoff says that whether women directors add value just by their presence is undetermined because the number of women on boards remains low. DealBook '

Gender equality is one goal, but those who think that the number of women directors will reach a critical mass and change the way boards are governed are likely to be disappointed.

Even if it is true that women are different, the way boards are run in the United States may make these differences meaningless.

Bets on European Bonds Paying Off for Funds | “With the extraordinary level of support from the central bank, mutual fund managers are reaping big returns on their purchases,” Peter Eavis reported. DealBook '

“This is a new chapter in monetary policy and a new chapter in the debt crisis,” said Scott A. Mather, head of global portfolio management a t the Pacific Investment Management Company, known as Pimco. “It doesn't mean all the problems are solved, but this is a more effective and powerful program.”

In I.P.O., Japan Airlines Aims for Valuation of $8.5 Billion | The airline set the stage for the world's second-largest initial public offering this year, after that of Facebook, Hiroko Tabuchi reported. DealBook '

After robust investor demand, particularly from retail investors, the airline, also known as JAL, will seek a price of 3,790 yen (about $48.40) a share, the airline said in a news release.

Trial to Begin for Former UBS Trader Accused of Hiding Huge Loss | The Swiss bank will face the harsh glare of the spotlight again, as opening arguments begin in the trial of Kweku M. Adoboli, Mr. Scott reported. DealBook '

If convicted, he could face up to 10 years in prison. The trial is expected to last up to eight weeks. Both current and form er UBS employees could be called as witnesses, though the firm has not been accused of any wrongdoing.

Legal restrictions in Britain limit the information that can be reported about the case to avoid biasing the proceedings. UBS and a lawyer for Mr. Adoboli declined to comment.

DealBook Column: Plot Twist in a Bailout: It Worked | Andrew Ross Sorkin called Neil M. Barofsky, former inspector general of the Troubled Asset Relief Program, to see if he had any regrets about his earlier pronouncements now that the rescue of American International Group appeared profitable. DealBook '

“Whoa! Whoa! Whoa! They are not making money!” Mr. Barofsky, now a senior fellow at New York University School of Law, said when I reached him. “They are on the path to very significant losses!”

What?

Treasury to Reduce A.I.G. Stake Below 50% | “With the sale of at least $18 billion worth of shares in A.I.G., a number that could grow to $20.7 billion if investors prove enthusiastic, the Treasury Department could reduce its holdings to as little as 15 percent from 53 percent,” Mr. de la Merced reported. DealBook '

Taking the government's stake in A.I.G. below 50 percent is the realization of a long-held goal by both the Obama administration and the company, helping to cut ties to one of the most controversial bailouts of the 2008 financial crisis. The Treasury Department expects to earn a profit on its investment in A.I.G., though it is unclear how large.

Lawmakers Push to Increase White House Oversight of Financial Regulators | Lawmakers are pushing a bill that could curb the influence of the Securities and Exchange Commission, the Commodity Futures Trading Commission and other regulators, Ben Protess reported. DealBook '

The measure, which a Senate committee is planning to debate this month, aims to empower the president in the rule-wri ting process. The proposal would allow the White House to second-guess major rules and mandate that agencies carefully study the economic effects of new regulation. The change could, in effect, delay a number of rules for the financial industry.



N.Y.S.E. Settles Regulatory Action on Trading Data

The New York Stock Exchange on Friday settled accusations that its trading data gave select clients a leg up over retail investors, the latest federal action against a major exchange.

In a civil enforcement action, the Securities and Exchange accused the Big Board of “compliance failures” by allowing paying customers to receive certain stock data milliseconds before the broader public. The improper actions, which unfolded from 2008 to 2010, ran afoul of safeguards set up to promote fairness in a system already known for favoring elite investors.

The S.E.C. forced the Big Board to adopt a battery of internal controls and pay a $5 million penalty. While the fine is a token sum for the country's biggest and most prominent trading platform, the action represents the agency's first ever fine of an exchange.

“Improper early access to market data, even measured in milliseconds, can in today's markets be a real and substantial advantage that disproportiona tely disadvantages retail and long-term investors,” Robert Khuzami, the S.E.C.'s enforcement director, said in a statement. “That is why SEC rules mandate that exchanges give the public fair access to basic market data.”

In a statement, the N.Y.S.E. played down the importance of the action. The S.E.C., the exchange noted, did not unearth intentional wrongdoing. Instead, the exchange blamed “technology issues” for the lapses, problems that N.Y.S.E. says it has since fixed.

“NYSE Euronext is pleased to have this matter resolved, and believes that the settlement is in the best interest of its shareowners, clients and employees,” Duncan L. Niederauer, NYSE Euronext's chief executive, said in the statement. “We will continue to take every responsible measure to ensure that our market operates with the utmost fairness and transparency.”

The action against the Big Board is part of a wider federal crackdown on technology failures at the nation's biggest exchanges.

The S.E.C. is investigating Nasdaq for Facebook‘s botched public offering in May. The agency, which has penalized the Direct Edge exchange for having “weak internal controls,” is also pursuing the Chicago Board Options Exchange for not properly policing the markets.

BATS Global Markets has acknowledged receiving a request from the S.E.C., which is examining whether any collaboration between BATS and high-frequency trading firms could hinder competition. The agency is also examining BATS' own aborted public offering this year.



Business Day Live: Bailout\'s Success Is No Guarantee of Votes

Federal Reserve opens new chapter in efforts to stimulate the economy. | Benefiting from the auto bailout, but voting for Mitt Romney.

India to Allow Foreign Investment

By THE NEW YORK TIMES

India ushered in the biggest economic reforms in two decades on Friday, allowing big foreign retailers like Walmart, foreign broadcasters and foreign airlines to invest in the country, among other reforms.

The central government, led by the Congress Party, is under heavy pressure to kick-start India's slowing economy, boost employment and improve the country's shambolic infrastructure. Bringing in big foreign brands, like Walmart which can now open stores in India in partnership with a local company, is expected to help.

“The objective of the policy was to attract investment, create local manufacturing and employment,” said Anand Sharma, the minister for commerce and industry, during a p ress conference in New Delhi Friday evening, explaining the changes.

Mr. Sharma noted that the implementation of the new policy has been left entirely to the “decision and discretion” of the state governments. The government has allowed single-brand foreign retailers, like Gap or Ikea, to open stores in India that they will own 100 percent. So-called “multi-brand” retailers, or stores like Walmart or Tesco, will be allowed to open stores in India and own 51 percent of these (Walmart already has a wholesale store in India.) The government also allowed foreign airlines to purchase 49 percent of an Indian airline, and investment in broadcasting companies.

The changes were greeted with enthusiasm by industry and analysts:

Chandrajit Banerjee, director general, Confederation of Indian Industry, a trade group: “Coming a day after the fuel price announcements, the decision of the Government to ease FDI norms in an array of sectors like Multi Brand Retail , Civil Aviation, Power Trading Exchanges and Broadcasting is a tremendous boost not only to the sectors in question, but is a huge mood lifter. The despondency that had set in owing to absence of policy announcements would certainly be addressed to some extent. Global and domestic perceptions would also change and CII is hopeful that the rating agencies would take due note of these announcements as well.

“The move to increase FDI caps in in these sectors will help mobilize capital into these sectors, which the country needs and would also improve the current account deficit situation, which was becoming alarming. Purely, from a policy point of view as well, yesterday's announcements followed by today's are an indication that reforms are back.”

Rajan Bharti Mittal, managing director of Bharti Enterprises: “This is a landmark decision in India's economic reforms process. Development of organized retail in India will bring immense benefits to stakeholders across the value chain â€" from farmers to small manufacturers and above all to consumers.

Enhanced investment in the sector can further the cause of employment, particularly amongst youth. In addition, this decision will open the doors for much needed technology and investments to develop the entire retail ecosystem in the country. Bharti Walmart's Cash & Carry venture is already sourcing fresh produce directly from thousands of farmers as well as other merchandise from local manufacturers, thereby adding to the local economy's growth and delivering immense value benefit to its customers such as kirana stores and other institutions.”

Kingfisher Airlines founder Vijay Mallya: “We are very pleased that the Government has decided to allow foreign Airlines to invest up to 49 percent in the equity of Indian scheduled Airlines. This will open up a wide range of opportunities for both Indian carriers and foreign carriers who wish to p articipate in the strong growth potential for Civil Aviation in our Country.Kingfisher will now be able to re-engage with prospective Airline investors in a more meaningful manner and move towards re-capitalization and ramp up of operations.

Tarun Das, former director general of the Confederation of Indian Industry: “The reform agenda is back on track.The fuel prices were raised to bring down the deficit. If the deficit is down then the Reserve Bank of India can bring down the interest rates. If the interest rates are down, people will borrow more money and invest more money. That will improve the growth. So the over all impact on the economy will be very positive. Once the domestic economy improves, it will increase the confidence of foreign investor. The FDI in retail and aviation will bring more money, better technology and improved managerial skills. The Prime Minister is for reforms and now he has his team in place. So we will see more reforms in coming months. With high interest rates the burden of borrowing money is too much for the co-borrower. So all these reforms will start a chain reaction. I am very happy that reform agenda is back. The past mistakes will be corrected.”



Morning Take-Out

TOP STORIES

Trial to Begin for Former UBS Trader Accused of Hiding Huge Loss  |  UBS will face the harsh glare of the spotlight again on Friday, as opening arguments begin in the trial of a former trader accused of hiding a multibillion-dollar loss at the investment bank.

Kweku M. Adoboli, 32, the former trader, faces charges of false accounting and fraud in connection with a $2.3 billion loss at the bank. He has pleaded not guilty.

“As uncomfortable as the entire trial will be for UBS, it will show us what the consequences are when misconduct occurs or when individuals do not take their responsibilities seriously,” the bank's chief executive, Sergio P. Ermotti, said in an internal memo made public by the firm.

UBS, which has struggled to regain its footing since the financial crisis, has been plagued by a number of scandals i n recent years.
DealBook '

A Tax Tactic Thats Open to QuestionA Tax Tactic That's Open to Question  |  Leaders of private equity firms use of carried interest to lower tax bills. While that maneuver has raised eyebrows, it is perfectly legal. However, there is a related tactic to avoid taxes that is used by some private equity firms, including Bain Capital, whose legality is less clear, Floyd Norris writes in The New York Times.

“It concerns the management fees that sponsors of private equity funds, such as Bain Capital, are paid. Those fees are separate from the fund profits that the managers are able to treat as carried interest.”

“Instead of paying o rdinary income taxes on those fees, the partners and employees of the fund sponsors pay taxes at much lower capital gains rates. In fact, they do even better than that. In some cases, they defer paying those capital gains taxes for years, itself a substantial benefit,” he says. Some legal scholars say such a move is “not justified, and some private equity firms have not chosen to use it,” he says.

High & Low Finance '

DEAL NOTES

A Sigh of Relief in Europe  |  A court decision in Germany and a Dutch election this week, when combined with the European Central Bank's decision to buy bonds, gave the feeling that “perhaps the worst is over in the euro crisis, at least for now,” The New York Times reports.
NEW YORK TIMES

David Swensen of Yale Said to Have Cancer  |  Students of David Swensen, Yale University's chief investment officer, told The Yale Daily News they had learned that their professor had received a diagnosis of cancer. Over a 27-year career at Yale, Mr. Swensen has overseen the growth of the endowment to $19 billion from about $1 billion.
The Yale Daily News

Mergers & Acquisitions '

Merger of European Aerospace Giants Sparks Concern  |  While many analysts acknowledged the competitive advantages that could come from a tie-up between EADS and BAE, many also worried that the proposed ownership structure could be too complex, The New York Times reports.
New York Times

Sony Said to Be in Final Talks Over Olympus Investment  |  Sony is preparing to invest 50 billion yen ($646 million) in Olympus, and an agreement is expected by the end of this month, a Japanese broadcaster reported, according to Reuters.
REUTERS

BuzzFeed Acquires a Data Company  |  The social news site made its first acquisition, buying Kingfish Labs, which analyzes social data, Business Insider reports.
BUSINESS INSIDER

Soros Said to Seek Sale of Lender  |  Bloomberg News reports: “Billionaire George Soros is seeking a buyer for his asset-based lending company, whose borrowers include American Apparel, said two people with knowledge of the matter.”
BLOOMBERG

Xstrata Board Expected to Support Glencore Bid  |  The board of the mining company may recommend Glencore's revised offer to shareholders as early as next week, Reuters reports, citing unidentified people close to the deal. The recommendation may come with qualifications.
REUTERS

INVESTMENT BANKING '

A Warning on Bank Complexity, From Someone Who Would Know  |  Sallie L. Krawcheck, a former Bank of America and Citigroup executive, discussed her concerns about the complexity of financial behemoths at a conference. “It makes you weep blood out of your eyes,” she said.
DealBook '

Goldman Scales Back Entry-Level Program  |  The Wall Street Journal reports that Goldman Sachs “is doing away with two-year contracts for most analysts hired out of college, according to communications reviewed by The Wall Street Journal and confirmed by a Goldman spokesman. Analysts also won't get bonuses for completing the program, which has been around for a quarter of a century and has been viewed as a meal ticket to a lucrative Wall Street career.”
WALL STREET JOURNAL

JPMorgan Gains Back Market Value  |  JPMorgan's stock rose to erase the losses that came after the bank disclosed a huge trading loss earlier this year.
BLOOMBERG

Nomura Names Co-Heads of Equities  |  Nomura named Samir Patel and Michael Rietbrock to replace Ciaran O'Kelly, who is departing as the Japanese firm overhauls its international business, Bloomberg News reports.
BLOOMBERG

Myanmar Gets Debit Cards  |  The country's central bank, in cooperation with 17 banks, is giving customers the chance to use plastic for the first time, Reuters reports.
REUTERS

PRIVATE EQUITY '

Secondary Buyouts Drive a Deal Boom  |  The Wall Street Journal reports: “Private-equity firms are buying and selling companies more this year than in any of the last five thanks largely to one industry: their own. Some $28 billion in U.S. deals between private-equity shops have been announced this year, more than double the amount for all of last year and on pace to be the most since 2007's $51.1 billion, according to Dealogic.”
WALL STREET JOURNAL

Buyout Firms Said to Eye Staples  |  Fortune reports: “Several private equity firms are considering a buyout offer for Staples Inc., Fortune has learned. Among them is Bain Capital, which famously helped launch the office superstore 26 years ago.”
FORTUNE

Carlyle Buys Controlling Stake in Brazilian Furniture Retailer  |  The Carlyle Group said Thursday that it had acquired a 60 percent stake in Tok & Stok, a Brazilian furniture company, in a move that positions it to take advantage of the country's consumer retail market.
DealBook '

Deadline Extended for Carlyle to Bid on British Company  |  The British defense equipment maker Chemring said a deadline had been extended to Oct. 12 for Carlyle to make an offer, Reuters reports.
REUTERS

Morgan Stanley Fund Said to Be in Talks for Russian Mall  |  Reuters reports: “Morgan Stanley's real estate fund is in talks to buy a Moscow shopping center for between $1.1 billion and $1.2 billion from Capital Partners, three industry sources told Reuters on Thursday.”
REUTERS

Campbell May Find a Deal From Private Equity  |  Campbell Soup said it was planning acquisitions to expand its baking and snack division overseas, and with private equity firms having bought up snack companies in recent years, “some would be only too happy to sell to a large strategic acquirer like Campbell's,” The Wall Street Journal's Private Equity Beat writes.
WALL STREET JOURNAL

HEDGE FUNDS '

Stock Market Lifts Hedge Funds in August  |  A month of relatively low volatility helped hedge funds log gains, Reuters reports.
REUTERS

Boston Hedge Fund Raises $2.9 Billion  |  Abrams Capital Management, a firm founded by a former Baupost Group employee, raised a new fund, The Boston Globe reports.
BOSTON GLOBE

Hedge Funds Focused on India Go Negative  |  Once considered lucrative, India-focused hedge funds have posted negative returns of 0.9 percent so far this year, The Hindu Business Line reports.
HINDU BUSINESS LINE

I.P.O./OFFERINGS '

R.B.S. Announces Plans to Take Insurance Unit Public  |  The Royal Bank of Scotland said it would go ahead with an I.P.O. of its Direct Line insurance business on the London Stock Exchange.
REUTERS

Zynga Hires Executive for Online Gambling  |  Zynga hired a former online gambling executive, Maytal Olsha, to be its chief operating officer of new markets, as the social games company plan s to offer gambling with real money next year, Bloomberg News reports.
BLOOMBERG

Indian Mobile Company to Pitch Investors on I.P.O.  |  Bharti Infratel, the mobile tower division of the Indian phone company Bharti Airtel, plans to start a premarketing process on Monday for a $1 billion I.P.O., The Wall Street Journal reports, citing an unidentified person with direct knowledge of the matter.
WALL STREET JOURNAL

VENTURE CAPITAL '

A Billionaire With Other-Wordly Ambitions  |  Elon Musk, the billionaire behind Tesla Motors and SpaceX, has been described by friends as “as Steve Jobs, John D. Rockefeller, and Howard Hughes rolled into one,” Bloomberg Businessweek writes. The investor Peter Thiel, who co-founded PayPal with Mr. Musk, said Mr. Musk is “a throwback to when people were doing less incrementalist things.”
BLOOMBERG BUSINESSWEEK

Twitter to Surrender Users' Tweets  |  Twitter was ordered by a judge to hand over tweets from an Occupy Wall Street protester, and after months of fighting the subpoena, the company now plans to comply, the protester's lawyer said, according to Reuters.
REUTERS

Lerer Ventures Looks to Raise $30 Million  |  The New York venture capital firm is raising its third fund, according to regulatory filings, TechCrunch reports.
TECHCRUNCH

New Venture Partner s Aims to Raise $150 Million Fund  |  The effort comes after one of the firm's partners, David Tennenhouse, has left to join Microsoft, The Wall Street Journal's VentureWire reports.
WALL STREET JOURNAL

LEGAL/REGULATORY '

4 Years After Lehman's Demise, Regulators Debate Overhaul  |  Mark Wetjen, a Democratic member of the Commodity Futures Trading Commission, told an industry group that the agency was debating how to crack down on foreign derivatives trading.
DealBook '

Trades After Crisis-Era Meeting Said to Be Scrutinized  |  The Wall Street Journal reports: “U.S. securities regulators are investigating possible insider tr ading by Wall Street executives who attended a private meeting with then Treasury Secretary Henry Paulson in 2008, according to people familiar with the probe.”
WALL STREET JOURNAL

Fed Ties Aid to Economic Recovery  |  The New York Times reports: “The Federal Reserve opened a new chapter Thursday in its efforts to stimulate the economy, saying that it intends to buy large quantities of mortgage bonds, and potentially other assets, until the job market improves substantially. This is the first time that the Fed has tied the duration of an aid program to its economic objectives.”
NEW YORK TIMES

Decisive Action From the Fed  |  The New York Times editorial board writes: “If the economy falters from here on out, it will be difficult to blame the Federal Reserve.”
NEW YORK TIMES

Regulatory Panel Is Faulted  |  The Government Accountability Office found that a new regulatory panel, the Financial Stability Oversight Council, which was created under Dodd-Frank, was lacking in transparency and accountability, raising questions about its effectiveness, The Wall Street Journal reports.
WALL STREET JOURNAL

Stanford Executive Gets 3 Years in Prison  |  Laura Pendergest-Holt, the former chief investment officer of the Stanford Financial Group, was sentenced to three years in prison for her role in R. Allen Stanford's Ponzi scheme, The Associated Press reports. She had struck a plea agreement with prosecutors.
ASSOCIATED PRESS



A Tax Tactic That\'s Open to Question

“Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes.”

- Judge Learned Hand, 1934

That quotation has become sacred to opponents of taxes, and has often been invoked this year to rebut criticism of for paying relatively low tax rates.

But nothing in it says the government is required to make it possible to avoid paying taxes. Nor does it provide that all efforts to avoid taxes are legal.

In fact, the appeals court ruling by Judge Hand concluded that the taxpayer - who had concocted an elaborate scheme to convert ordinary income into capital gains, and therefore pay less in taxes - had violated the law.

The Supreme Court unanimously upheld Judge Hand's decision. Certainly there is a rule saying that a motive to avoid taxes is permissible, wrote Justice George Sutherland, but that was irrelevant because the strategy used by the taxpayer “upon its face lies outside the plain intent of the statute. To hold otherwise would be to exalt artifice above reality and to deprive the statutory provision in question of all serious purpose.”

There is no evidence that Mr. Romney has violated the law. The principal means he used to pay low taxes on his hundreds of millions of dollars in income was the technique known as carried interest, which allows managers of funds to treat most of the fees they receive for running the funds as capital gains rather than ordinary income.

The technique strikes some - including President Obama - as outrageous, but it is legal under current law. Unless and until the Congress changes the law, Mr. Romney has every right to take advantage of the technique.

But there is a related tactic to avoid taxes that is used by some private equity firms, including Bain Capital, whose legality is less clear. The Internal Revenue Service has not challenged it - at least not publicly - but some legal scholars say it is not justified, and some private equity firms have not chosen to use it.

The fact that Bain uses the technique became public last month when the Gawker Web site posted annual reports from a number of Bain funds in which Mr. Romney, or his family trusts, have interests. It is clear that some Bain partners saved hundreds of millions of dollars in taxes from its use, but the Romney campaign says he did not benefit from it personally. The technique is complicated - I'll get to the details later - but the effect is not. It concerns the management fees that sponsors of private equity funds, such as Bain Capital, are paid. Those fees are separate from the fund profits that the managers are able to treat as carried interest.

Instead of paying ordinary income taxes on those fees, the partners and employees of the fund sponsors pay taxes at much lower capital gains rates. In fact, they do even better than that. In some cases, they defer paying those capital gains taxes for years, itself a substantial benefit.

How good a deal is that? Annual reports from 2009 for four Bain funds showed that over the years the funds converted $1.05 billion in management fees from ordinary income into capital gains.

That directly benefited the Bain partners who shared in the management fees. Assuming they paid the capital gains tax of 15 percent, rather than the ordinary income tax rate of 35 percent, they saved about $210 million in income taxes and $28 million more in taxes.

And that reflects what happened at a few funds run by one manager. All told, it is likely that private equity and venture capital fund managers save billions each year.

They do this through the technique of waiving the management fees and converting them into a preferred profit standing in the funds. The deals are structured so that they are all but certain to get the payout, assuming the fund makes money in any quarter, even if it loses money over all.

If they took the money out then - and some do - they would pay capital gains taxes immediately. But even that is more than many managers are willing to do. At many private equity funds, managers are required to put up more money, along with other investors, whenever the fund makes an acquisition. The managers use the waived management fee to make the required investment, and defer paying any taxes on it.

When that investment eventually is withdrawn, perhaps years later when the fund liquidates, the manager owes taxes on the management fee, but at the low 15 percent capital gains rate.

Some tax experts think the I.R.S. could win if it challenged the practice.

“It is not legal,” said Victor Fleisher, a tax law professor at the University of Colorado, in an interview this week. He noted that different money managers used variations, some of which he said were less likely than others to withstand an audit. “Bain,” he said, “is on the aggressive end of this.”



A Tax Tactic That\'s Open to Question

“Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes.”

- Judge Learned Hand, 1934

That quotation has become sacred to opponents of taxes, and has often been invoked this year to rebut criticism of for paying relatively low tax rates.

But nothing in it says the government is required to make it possible to avoid paying taxes. Nor does it provide that all efforts to avoid taxes are legal.

In fact, the appeals court ruling by Judge Hand concluded that the taxpayer - who had concocted an elaborate scheme to convert ordinary income into capital gains, and therefore pay less in taxes - had violated the law.

The Supreme Court unanimously upheld Judge Hand's decision. Certainly there is a rule saying that a motive to avoid taxes is permissible, wrote Justice George Sutherland, but that was irrelevant because the strategy used by the taxpayer “upon its face lies outside the plain intent of the statute. To hold otherwise would be to exalt artifice above reality and to deprive the statutory provision in question of all serious purpose.”

There is no evidence that Mr. Romney has violated the law. The principal means he used to pay low taxes on his hundreds of millions of dollars in income was the technique known as carried interest, which allows managers of funds to treat most of the fees they receive for running the funds as capital gains rather than ordinary income.

The technique strikes some - including President Obama - as outrageous, but it is legal under current law. Unless and until the Congress changes the law, Mr. Romney has every right to take advantage of the technique.

But there is a related tactic to avoid taxes that is used by some private equity firms, including Bain Capital, whose legality is less clear. The Internal Revenue Service has not challenged it - at least not publicly - but some legal scholars say it is not justified, and some private equity firms have not chosen to use it.

The fact that Bain uses the technique became public last month when the Gawker Web site posted annual reports from a number of Bain funds in which Mr. Romney, or his family trusts, have interests. It is clear that some Bain partners saved hundreds of millions of dollars in taxes from its use, but the Romney campaign says he did not benefit from it personally. The technique is complicated - I'll get to the details later - but the effect is not. It concerns the management fees that sponsors of private equity funds, such as Bain Capital, are paid. Those fees are separate from the fund profits that the managers are able to treat as carried interest.

Instead of paying ordinary income taxes on those fees, the partners and employees of the fund sponsors pay taxes at much lower capital gains rates. In fact, they do even better than that. In some cases, they defer paying those capital gains taxes for years, itself a substantial benefit.

How good a deal is that? Annual reports from 2009 for four Bain funds showed that over the years the funds converted $1.05 billion in management fees from ordinary income into capital gains.

That directly benefited the Bain partners who shared in the management fees. Assuming they paid the capital gains tax of 15 percent, rather than the ordinary income tax rate of 35 percent, they saved about $210 million in income taxes and $28 million more in taxes.

And that reflects what happened at a few funds run by one manager. All told, it is likely that private equity and venture capital fund managers save billions each year.

They do this through the technique of waiving the management fees and converting them into a preferred profit standing in the funds. The deals are structured so that they are all but certain to get the payout, assuming the fund makes money in any quarter, even if it loses money over all.

If they took the money out then - and some do - they would pay capital gains taxes immediately. But even that is more than many managers are willing to do. At many private equity funds, managers are required to put up more money, along with other investors, whenever the fund makes an acquisition. The managers use the waived management fee to make the required investment, and defer paying any taxes on it.

When that investment eventually is withdrawn, perhaps years later when the fund liquidates, the manager owes taxes on the management fee, but at the low 15 percent capital gains rate.

Some tax experts think the I.R.S. could win if it challenged the practice.

“It is not legal,” said Victor Fleisher, a tax law professor at the University of Colorado, in an interview this week. He noted that different money managers used variations, some of which he said were less likely than others to withstand an audit. “Bain,” he said, “is on the aggressive end of this.”