Total Pageviews

Fed Governor Offers a Way to Limit Bank Size

Since the financial crisis, academics, politicians and even former bank chieftains have called for the nation's banking behemoths to be broken up or shrunk - calls that appear to have fallen largely on deaf ears among Washington's policy makers.

Now, a powerful insider has suggested a simple tool that could place a tight limit on the size of individual banks. Daniel K. Tarullo, a Federal Reserve governor who oversees bank regulation, said in a speech last week that an important part of a bank's balance sheet could be capped at a set percentage of the nation's gross domestic product.

That a regulator at the Fed - the most powerful of the banking industry's overseers - would say that such a structural overhaul of the financial system might be considered, was a sign that the policy debate over what to do about “too big to fail” might be shifting.

Mr. Tarullo's “statements mark a significant - perhaps even dramatic - shift in thinking at the central ban k,” Simon Johnson wrote in a recent column for Bloomberg News. Mr. Johnson, a professor at the Massachusetts Institute of Technology, has been a leading voice in the movement to limit the size of large banks.

It's not just that the Fed governor's words provided comfort to supporters of breaking up the banks. They also come at a moment in the debate over the Dodd-Frank Act, when both Republicans and Democrats might be able find common ground.

Mitt Romney and other Republicans have criticized Dodd-Frank, contending that it is overly complex and protects “too big to fail” institutions. Some Republicans looking to repeal Dodd-Frank say they still want to constrain large banks. Their concern is that the law may lead the market to believe that the government protects large banks. In turn, investors might then provide cheap loans to the biggest banks, fueling even more growth in the banks' balance sheets. As a result, some Republicans may warm to the simple cap o n bank size outlined in Mr. Tarullo's speech.

“I am completely open to the proposal because of my similar concern about the growing size of institutions that are too big to fail,” said Senator David Vitter, a Republican of Louisiana. “Beyond this specific proposal, there is a growing nonpartisan consensus to do a lot more to limit the size of the megabanks.”

Any shift at the Federal Reserve would be notable. The central bank, mindful of the stability of the financial system, has avoided giving strong backing to measures that could have a direct impact on bank size.

Mr. Tarullo did not give an unequivocal, personal backing to a cap on size of banks. But he said that if size were to become a big issue, Congress should take it up, so the effects of a cap could be debated. Mr. Tarullo then detailed a type of cap that he said seemed to have “the most promise.”

His proposed limit would focus on something called “nondeposit liabilities.” Thes e are the borrowings that banks do to finance themselves, excluding deposits.

For example, at the end of June, JPMorgan Chase had $1.24 trillion of nondeposit liabilities, a figure that excludes deposits in the United States, but includes international deposits.

That $1.24 trillion is equivalent to 8 percent of G.D.P. Any legislation would have to decide whether to set a percentage that would immediately force a bank like JPMorgan to shrink. If it were set at 5 percent, JPMorgan would have to shed the excess borrowings, which in turn would lead it to cut its overall size.

Senator Sherrod Brown, Democrat of Ohio, introduced legislation earlier this year that proposed the cap be set at 2 percent of G.D.P., which would force several of the largest banks, including Citigroup, Bank of America and Goldman Sachs, to shrink aggressively. (That bill has not advanced.)

Alternatively, the cap could be set at a percentage of G.D.P. that allows banks to stay at cl ose to their current size. In that case, it would just constrain future growth.

Dodd-Frank has a provision that sets out to limit the relative size of banks. It stipulates that banks cannot have liabilities that exceed 10 percent of the total financial system's liabilities. But this may not cap bank growth if the whole system is ballooning, as happened in the last decade. From 1999 to 2007, the Goldman Sachs balance sheet grew by 346 percent. But it would have increased by only 48 percent if its growth had been strictly tied to G.D.P. growth in that period.

The cap has its critics.

One drawback is that it might deter banks from issuing longer-term debt, which can act as a stable source of financing in a crisis. Hal S. Scott, a professor in Harvard Law School, said it would be preferable to limit short-term borrowings by banks, since that is more vulnerable to bank runs.

Others say that the economy needs both large and small banks and growth could be h armed by efforts to dictate bank size.

“The costs to society would outweigh the benefits,” said Phillip L. Swagel, a professor at the School of Public Policy at the University of Maryland. “But I realize that the idea of setting limits on large banks is gaining popularity across the political spectrum.”

Others fear that an inordinate focus on one tool to deal with financial stability could backfire. They think that the multifaceted approach of Dodd-Frank is better at catching and moderating the risks in the banking system.

“I think it's a mistake to think there's some sort of silver bullet here,” said Michael S. Barr, professor at the University of Michigan Law School. Mr. Barr worked on Dodd-Frank as an assistant secretary at the Treasury Department. He also says he thinks that going back right now and undoing parts of Dodd-Frank would most likely only dilute the overhaul.

“If Congress took up reform, it would only be in the direction o f weakening it, not strengthening it,” he said.



Nowadays, Wall Street Saviors May Wish They Weren\'t

“Would I have done Bear Stearns again knowing what I know today?”Jamie Dimon asked almost rhetorically last week at the Council on Foreign Relations in Washington.

“It is really close. What I know today is if they called me again to do something again like that, I couldn't do it. My board wouldn't allow me.”

No kidding.

The bailouts during the financial crisis of 2008 may have been unpopular on Main Street, but they are turning out to be just as unpopular in certain corners of Wall Street, and perhaps for good reason.

Some of the strongest firms during the crisis that acquired failing banks at the behest of the government - JPMorgan Chase, Wells Fargo and Bank of America, among them - have found themselves in the cross hairs of lawsuits brought by the government for activities related to deals they made under pressure from the authorities.

Whether you love or hate Wall Street, whether you want bankers to go to jail or not, the recent s eries of suits brought by the government may have a profound impact on how businesses react to being asked to provide assistance when the next financial crisis arrives. Chances are, they won't.

“As a policy matter, it's going to make it much harder in the future for companies to buy a troubled company,” said Mr. Dimon, the chief executive of JPMorgan, which bought Bear Stearns in March 2008 in a deal engineered by the Federal Reserve and the Treasury Department.

Mr. Dimon's comments in Washington are in part a response to a recent lawsuit filed in New York State Supreme Court by Eric T. Schneiderman, the attorney general, claiming that JPMorgan Chase misrepresented and defrauded investors of certain mortgage securities. Damages are estimated to be as high as $3 billion.

The only problem is that the “multiple fraudulent and deceptive acts” that the government alleged didn't take place at JPMorgan Chase; they happened at Bear Stearns during 2005 to 20 07.

The same Bear Stearns that the United States government practically begged JPMorgan Chase to buy to help avoid a financial panic. The same BearStearns in which the initial $2 a share price of the transaction was dictated - literally - by Henry M. Paulson Jr., then the Treasury secretary.

Four years on, with less than a month before the election, Mr. Schneiderman, who is co-chair of President Obama's Residential Mortgage-Backed Securities Working Group, has filed suit.

“We've lost $5 to $10 billion on various things related to Bear Stearns,” Mr. Dimon said - and that's before this latest lawsuit.

“Someone said the Fed did us a favor,” he continued, referring to the nearly $30 billion in guarantees that the Federal Reserve provided as part of the transaction. “We did them a favor. Let's get this one exactly right. We were asked to do it.”

Mr. Dimon is clearly frustrated. Had Bear Stearns filed for bankruptcy, he said, there “woul d be no money. There would be no lawsuits. There would be no stock-drop lawsuits, there would be no class actions, there would be no mortgage lawsuits because there would be no money. But we bought it.”

A cynic could chalk Mr. Dimon's outrage up to pure swagger. After all, his purchase of Bear Stearns elevated him and JPMorgan to superstar status with dozens of articles then referring to him as the new King of Wall Street.

And it's hard to believe that JPMorgan didn't come out ahead - or at least close to even - on the acquisition, given that Bear's 43-story headquarters on Madison Avenue was part of the deal.

Nonetheless, it is worth listening to Mr. Dimon. The next time a bailout is required, it might not be political pressure that keeps it from happening, but a company's board not willing to accept it.

If you ran a company, would you help participate in a bailout if you thought there was a chance the government might turn around and sue you later for the misdeeds of the company you're helping to save?

When the government helped save General Motors by providing money and guarantees as part of its bankruptcy, “they absolved G.M. of all prior legal liability,” Mr. Dimon said in an earnings conference call with investors and analysts on Friday. “So the government's being a little inconsistent here.”

Last week, Wells Fargo was sued by Preet S. Bharara, the United States attorney in Manhattan, who accused the bank of defrauding the government by lying about the quality of the mortgages it handled under a federal housing program.

He said the bank had “engaged in a longstanding and reckless trifecta of deficient training, deficient underwriting and deficient disclosure, all while relying on the convenient backstop of government insurance.”

The accusations in the suit stretch back a decade. Perhaps ironically, Wells Fargo is considered one of the best lenders in the nation. That status put Wells Fargo in a position to buy the failing Wachovia in 2008 with the encouragement, in part, of Sheila Bair, then the chairwoman of the Federal Deposit Insurance Corporation, who had originally helped orchestrate a deal to sell Wachovia to Citigroup.

That deal, however, would have cost taxpayers billions of dollars. The deal with Wells Fargo most likely saved the F.D.I.C. billions of dollars.

Perhaps even stranger, Wells Fargo was one of several of the nation's largest banks to participate in a $25 billion settlement earlier this year over mortgage-related issues, some of which seem to overlap with the new case against it.

And, of course, Bank of America has been involved in a series of civil suits related to its 2008 acquisition of Countrywide and its purchase of Merrill Lynch, struck at the apex of the financial crisis in September 2008.

Earlier this year, Bank of America paid $1 billion to settle charges of civil fraud at Countrywide. But here's the important part: Bank of America acquired the failing Countrywide under some pressure from the government. So much pressure, in fact, that Kenneth D. Lewis, then the bank's chief executive, considered it a favor that would later be repaid by the Federal Reserve's lowering the bank's capital requirements to make additional acquisitions.

After the Merrill purchase, which was engineered by the Treasury and Fed, both the Securities and Exchange Commission and investors sued the bank for misleading shareholders about the deal. The bank paid the S.E.C. a $150 million penalty in 2010 and settled with shareholders last month for $2.43 billion, though the Merrill unit has given a boost to the bank's bottom line.

None of this is to suggest that the government should not hold those responsible for fraud or other misconduct accountable. But few of the lawsuits that the government has brought against the banks have anything to do with the culpability of those individuals who were actually responsible for the problems.

Instead, the government is simply holding responsible the company's shareholders, who were unlikely to have been shareholders at the time of the misdeeds.

Does this really offer a deterrent effect? Or is this just a nice way to garner headlines ahead of an election?

The executives responsible, as usual, pay nothing. If there were “deceptive acts,” the government could and should bring cases, if not criminal, then civil, against the individuals.

Fraud isn't something a company does; it is something people do.



Deal to Buy Sprint Is SoftBank\'s Biggest Gamble

SoftBank of Japan is making its biggest gamble yet: entering the American cellphone market.

SoftBank's complex $20.1 billion deal to buy majority control of Sprint Nextel will unite Japan's fastest-growing cellphone service provider with one of the United States' most troubled. The idea is to provide Sprint with a stronger, deeper-pocketed partner that can help finance its network overhaul and, eventually, pursue additional mergers. But SoftBank, an Internet and communications company, is making a risky wager that it can break the dominance of Verizon and AT&T in the United States the way it did a similar duopoly that long reigned over the Japanese market.

“SoftBank brings so much more to Sprint than money,” Daniel R. Hesse, Sprint's chief executive, said on an analyst call. “This investment provides the opportunity to benefit from the knowledge and expertise of a leader in mobile Internet technology with a proven track record of challenging larger incumb ent carriers.”

Together, the two companies would have $80 billion in revenue and $18 billion in earnings before interest and taxes. And they would nearly double Sprint's customer base to 96 million, giving the company greater purchasing power.

SoftBank's founder and chief executive, Masayoshi Son, was blunt in his goal: creating the biggest and fastest wireless network in the United States. It is the strategy his own company is pursuing in Japan, aimed at drawing in users of the latest smartphones.

Sprint is only beginning to roll out its next-generation Long Term Evolution network, trailing Verizon Wireless and AT&T.

“U.S. citizens don't have this experience of high speed,” Mr. Son said on the analyst call. “We're going to bring that to the States.”

Shareholders in Sprint and SoftBank appeared less pleased by the transaction. Sprint's shares closed down slightly on Monday, at $5.69, while SoftBank's stock tumbled 5.3 percent, to 2,268 yen ($28.92).

While infusing Sprint with cash, the deal would slow SoftBank's efforts to repay its own hefty debt load, which stood at nearly $13 billion as of June 30. Mr. Son has said that he has already repaid much of the debt his company took on when it bought Vodafone's Japan arm in 2006 and has done it well ahead of schedule.

The deal on Monday was a welcome development for the financial advisers involved in a year starved for deal activity. If completed, Monday's transaction would be the biggest deal by a Japanese company in the United States in more than three decades, according to data from Thomson Reuters. It would also be the biggest deal so far this year involving a foreign investment in an American company.

It is also a model of complex financial maneuvering. SoftBank will initially pay $8 billion to acquire new shares of Sprint, infusing the company with much-needed cash ahead of looming debt maturities. It will then offer existing Sprint sha reholders the chance to cash out some of their holdings for $7.30 each, a handsome premium to the stock's current levels.

SoftBank would gain a 70 percent stake in Sprint, which would remain a publicly traded company. That would give Sprint additional flexibility to raise money or make acquisitions. And it would allow the transaction to close more quickly. The two sides expect it to be completed by the middle of 2013.

The pact signals a belief that more mergers are to come in the rapidly shrinking telecommunications industry. Two weeks ago, T-Mobile USA announced plans to merge with a smaller network operator, MetroPCS, to create a stronger competitor in low-cost service plans.

Investors in Clearwire seem to believe that their company, a network operator and a Sprint partner, will be a natural merger target. Shares in the company rose 16 percent on Monday, to $2.69, while several classes of its bonds gained as much as six percentage points of value.

S print, which owns nearly half of Clearwire and has several board seats, has been exploring options to take greater control of its partner, according to people briefed on the matter, who spoke anonymously because they were not authorized to discuss private negotiations. But the bigger service provider feels no particular urgency to complete a deal soon.

As with the Sprint deal, Mr. Son has taken risks throughout his career. He founded SoftBank as a software publisher in 1981, but he began moving the company into Internet services, partnering with the likes of a nascent Yahoo.

SoftBank entered the mobile services business in 2006 by buying Vodafone's operations in Japan, becoming a distant third to NTT DoCoMo and KDDI. The deal drew brickbats from investors, who fretted that Mr. Son had overpaid and could not compete against better-financed rivals.

But through a combination of deal making, aggressive marketing and smart pricing, the company became a serious p layer, earning $2.5 billion before interest and taxes in its 2012 fiscal year. It is poised to overtake KDDI as Japan's second-biggest service provider, if a planned takeover of a smaller competitor is completed.

Still, Mr. Son apparently believes that moving into a new market - a larger one with plenty of growth in the lucrative smartphone field - is a better overall strategy for his company and its investors.

“It's not an easy path to go,” Mr. Son said at a news conference on Monday. “But without taking on a challenge, we may end up facing bigger risks.”



New York Fed Turns Over New Libor Documents

The Federal Reserve Bank of New York on Monday released a battery of documents to Congressional investigators that detailed the regulator's response to interest rate manipulation at some of the world's biggest banks.

The New York Fed turned over nearly 6,000 pages to a House subcommittee - documents that include internal communications as well as correspondence with its fellow banking regulators. The documents relate to the London interbank offered rate, or Libor, a key benchmark that some banks gamed to bolster profits during the depths of the financial crisis. The subcommittee ordered the New York Fed to detail its correspondence with other regulators about rate manipulation across the banking industry.

The rate-rigging scandal came into focus this summer after Barclays struck a $450 million settlement with authorities over accusations that it reported bogus Libor figures. The case, the first of several actions expected to arise from investigations into more than a dozen banks, raised questions about why the New York Fed and other regulators failed to thwart the illegal activity. The concerns led the oversight panel of the House Financial Services Committee to examine whether the New York Fed turned a blind eye to rate-rigging during the financial crisis.

It is unclear whether the New York Fed documents provided to Congress on Monday will corroborate those concerns. The documents are not yet public, in part because some of the information remains confidential. The subcommittee, which is run by Representative Randy Neugebauer, Republican of Texas, did not say whether it would eventually release the material on Libor, a benchmark for the price of trillions of dollars in mortgages and other loans.

“The subcommittee staff has now begun its review of these documents,” a spokeswoman said on Monday.

But in a statement on Monday, a New York Fed spokesman said the materials “are consistent” with an earlier rele ase of Libor-related documents that centered only on Barclays. In July, the regulator released a trove of information about the British bank that, by the New York Fed's account, highlighted its rapid response to the problems.

“The New York Fed helped to identify the problem of under-reporting of Libor, briefed U.S. Treasury and other regulatory agencies on the issue and worked to address the problem at its core by pressing for reform of the flawed Libor rate-setting process in London,” the spokesman said.

While the Barclays documents did indicate that the New York Fed advocated broad reforms to the rate-setting process and passed along concerns to other regulators, the agency was attacked for not going further. The material showed that the New York Fed learned in April 2008 that Barclays was reporting false interest rates but it did not refer the specific wrongdoing to federal prosecutors or other investigators.

At the time, a Barclays employee told a N ew York Fed official that “we know that we're not posting um, an honest” rate. The employee suggested that other big banks posted similarly phony reports, saying that Barclays wanted to “fit in with the rest of the crowd.”



Goldman Names Bayo Ogunlesi to Its Board

Goldman Sachs announced an addition to its board late Monday, appointing Adebayo O. Ogunlesi as an independent director of the bank.

Mr. Ogunlesi is a well-known name on Wall Street, having run the investment bank at Credit Suisse in the last decade. Since 2006, he has run Global Infrastructure Partners, a private equity firm that invests in infrastructure deals like energy projects and water companies. The firm, one of the world's largest, focused exclusively on infrastructure, announced earlier this month that it had raised $8.25 billion for its most recent fund.

“Adebayo brings extensive experience in finance and the global capital markets to our board of directors,” Lloyd C. Blankfein, the chief executive of Goldman, said in a statement. “Our board and our shareholders will benefit from Adebayo's wealth of knowledge and rigorous thinking.”

Goldman's board has seen its fair share of movement in recent months. In April, Goldman lost one of its three female board members when Lois D. Juliber, a former senior executive at Colgate-Palmolive, did not stand for re-election citing increased time commitments elsewhere. John H. Bryan, the former chief executive of Sara Lee, also stepped down in May as a result of Goldman's retirement policy, the firm said in a statement.

Last month, the bank announced that David Viniar, its longtime chief financial officer, would step down at the end of the year and, upon his retirement, become a director.

Goldman's board has also received some unwanted attention this year. The former Goldman director Rajat K. Gupta was convicted in May of leaking secret boardroom discussions to his friend Raj Rajaratnam, the former hedge fund manager serving an 11-year prison term for insider trading. Mr. Gupta's sentencing is set for next week.

Mr. Ogunlesi, known as “Bayo,” is a native of Nigeria. He graduated from Oxford University and received law and business degrees from Harv ard University. He served as a law clerk to Justice Thurgood Marshall on the United States Supreme Court and then practiced law for two years at Cravath, Swaine & Moore before pursuing a career on Wall Street.

In a 2002 New York Times profile, Mr. Ogunlesi, said that he never fit the mold of a typical investment banker. ”I don't wear suspenders, and when I had hair, I didn't slick it back,” he said.



Greg Smith\'s Book Describes Goldman Culture

During Greg Smith's first week at Goldman Sachs, he was issued an identification badge, an e-mail address and each morning he had to scramble to make sure he got an 18-inch folding stool.

In the first chapter of his book “Why I Left Goldman Sachs, A Wall Street Story,” Mr. Smith writes that interns carried the stool with them at all times because there were no spare chairs on the trading floor. The stool, he said, was a Goldman status marker, a sign that one was an underling without a permanent chair.

The book, which is scheduled to be released by Grand Central Publishing next Monday, follows an opinion piece in The New York Times that Mr. Smith wrote in March. In that article, Mr. Smith, a former salesman for the firm, portrayed a corrupt corporate culture, saying it made him ill how “callously” employees at Goldman talking about “ripping off” their clients.

Based on just the first chapter - a copy of which was obtained by The New York Ti mes - it is unclear what Mr. Smith will say about the Wall Street firm. The first chapter details mainly the ultra-competitive culture inside the firm. But the titles of some other chapters - “Welcome to the Casino” and “Monstrosities” - suggest they may prove more embarrassing to Goldman.

Still, the first chapter does suggest Mr. Smith was either a very good note taker during his 10-plus-year career at Goldman - or has a photographic memory. One passage is written as if it were based on a transcript. Mr. Smith is also selective in who he names. He singles out friends like Mark Mulroney, the son of former Canadian prime minister, for example, but refers to others only by their first names.

The leaking of the first chapter of Mr. Smith's book comes on the eve of the firm's third-quarter earnings report. The March article struck a nerve, both at Goldman and more broadly. Within 24 hours, it had more than three million views online and publishers began b idding for the rights to a book. Grand Central Publishing, a division of the Hachette BookGroup, secured the deal, offering Mr. Smith an advance of close to $1.5 million, according to people with direct knowledge of the negotiations.

Mr. Smith hasn't spoken publicly since the publication of the March op-ed piece. He is scheduled to appear this Sunday on “60 Minutes” and has given no other advance interviews on his book. As for Goldman, it began an internal investigation to check the veracity of Mr. Smith's claims. Mr. Smith, in the op-ed piece, said Goldman often refers to its clients as muppets, British slang for a stupid person. Goldman did an e-mail search for the word and found a number of references but a person briefed on the matter but not authorized to speak on the record said almost every one was referring to the movie of the same name.

The first chapter, titled ‘I Don't Know but I'll Find Out” begins on Mr. Smith's first day at Goldman, whe re he was one of 75 interns in the sales and trading program. Twice weekly he attended what are known inside Goldman as ‘Open Meeting', which he says is the firm's version of boot camp for trainees. The meetings started at 6 a.m. and if enough people showed up late, the entire class had to attend a make up meeting at 5 a.m. the next day.

He writes that a partner would stand at the front of the room, list in hand, and call on people questions that could range from the year the company was founded to Goldman's position on a certain stock. Mr. Smith had a strategy for survival, volunteering to answer the questions he knew the answer too in hopes it would make him a less likely candidate for questions he didn't know.

Those caught without an answer would typically run out of the meeting and head to another building nearby that housed Goldman's main trading floor. They would be expected to return before the meeting was over with the right answer.

Not eve ryone survived, he says, recalling an exchange in transcript form between one intern and a Goldman vice president over Goldman's view on Microsoft that sent the intern running from the meeting in tears.

Still, Mr. Smith, the son of Johannesburg pharmacist, says he immediately embraced the Goldman culture. He writes that he got an interview at the firm because he knew that the first two people to apply online for Goldman internships get interviews.

Mr. Smith worked on Goldman's equities trading floor in lower Manhattan. He writes that many of his days were spent hauling his stool around the floor, shadowing various trading desks. He would be called upon to grab research on stocks, and frequently was asked to get lunch for trading desks. The idea here, he said, if an intern gets a lunch order wrong they are probably going to mess up elsewhere.

Mr. Smith recalls one Goldman executive who asked an intern for a cheddar cheese sandwich. The intern came bac k with a cheddar cheese salad. The executive was furious, and threw the salad out.



Clearwire Investors Wager on Inevitability of a Deal With Sprint

Sprint Nextel may have found its financial savior in Softbank of Japan, thanks to a $21.3 billion deal that will provide ballast to the struggling cellphone service provider.

But what of Clearwire, the equally troubled wireless network operator that works closely with Sprint?

So far, it appears that Clearwire investors think Monday's deal bodes well for the future of their company. Shares of the network operator were still up 15.5 percent in midafternoon trading, at $2.68. And several classes of bonds gained anywhere between 2 and 6 percentage points in value, according to Standard & Poor's Leveraged Commentary and Data service.

All that's despite this very explicit passage in the press release announcing Softbank's pact with Sprint:

The transaction does not require Sprint to take any actions involving Clearwire Corporation other than those set forth in agreements Sprint has previously entered into with Clearwire and certain of its sha reholders.

That hasn't dampened speculation that Sprint will eventually seek to take over its partner. It currently owns 48 percent of Clearwire's shares - but has a far smaller representation on the network operator's board. To many analysts, the situation doesn't seem tenable in the long run.

To build out its Long Term Evolution data network, Sprint needs wireless spectrum, something that Clearwire has in spades. The two already have an agreement in which Sprint resells its partner's service in certain markets across the United States. And it pledged to provide up to $1.6 billion over the next four years to help Clearwire upgrade its network.

But more ambitious expansion plans, along the lines of what Softbank's chief, Masayoshi Son, appears to be contemplating, would require greater control over Clearwire.

Sprint has in fact been talking with Clearwire about a number of possibilities, people briefed on the matter have told DealBook. Th at doesn't mean that any deal is near completion.

“Having a partner like this can't be a negative,” one of these people told DealBook. “But there's no particular urgency” in getting a takeover done.



Tax Proposal in Mongolia Threatens Rio Tinto Project

ULAN BATOR, Mongolia - Rio Tinto's biggest new mining project is under threat after the government of Mongolia said it was considering whether to renegotiate an investment agreement involving the $6 billion Oyu Tolgoi copper mine.

Mongolia's new government is in the process of passing a 2013 budget whose draft proposal includes increasing taxes and royalties on Oyu Tolgoi by $300 million.

The mining industry has been a boon for sparsely populated Mongolia, driven in large part after a 2009 agreement for the copper mine at Oyu Tolgoi.

The deal awarded Ivanhoe Mines of Canada a 66 percent share of the mine, whose majority owner is Rio Tinto, the multinational mining company with headquarters in Melbourne and London. The 2009 agreement froze tax rates over the life of mine. It safeguarded the project for Rio Tinto and its suppliers, which began spending billions of dollars to build a vast copper mine in the Gobi desert.

Even an attempt at renegotiation could hurt Rio Tinto. If the company seeks international arbitration to resolve the issue, it could delay the start date for the mine. Construction of Oyu Tolgoi is almost complete, with commercial production expected to start in 2013.

In Ulan Bator, however, investors and foreign governments are more worried about the effect of renegotiation on the country's growth rate.

“If there appears to be an attempt at renegotiating or somehow reneging on the investment agreement, that could have a possibly catastrophic effect on the country,” said David Wyche, head of Economic Section at the United States Embassy in Ulan Bator. “It could stop the flow of foreign capital in to Mongolia.”

Last Monday, the caucus of Mongolia's Democratic Party, which leads a coalition government in place since August, passed a budget proposal. The proposal calls for a new sliding royalty on Oyu Tolgoi's revenue that would rise to 20 percent depending on the copper price. The 2 009 investment agreement set the royalty rate at 5 percent.

The new plan would also raise Oyu Tolgoi's effective tax rate by eliminating income-tax allowances. The government would bring in 221.3 billion tugriks, or $160 million, from the royalty and 224.5 billion tugriks, or $163 million, from corporate income tax, according to estimates in the draft budget proposal.

This week, the plan is expected to reach parliament, which will decide whether to adopt or modify the proposal.

The budget is crucial for Mongolia, which faces a fiscal deficit this year that is expected to widen next year. Revenue from coal, the country's biggest export, plunged over the summer, national statistics show, because of a drop in both prices and volumes. Mongolia's mining boom depends on commodities demand from China even as China's economy has slowed this year.

To date, Rio Tinto and its partners in the Oyu Tolgoi project have spent $6.2 billion building the mine. The proj ect still requires billions of dollars to expand the underground mine, which is taking shape 1,300 meters beneath the surface of the Gobi desert.



Wall Street\'s Fund-Raising Push for Romney

The Wall Street supporters of Republican candidate Mitt Romney are making a last fund-raising push as the election heads into its final three weeks.

DealBook has obtained an invitation for a cocktail and photo reception at the Hilton New York on Monday afternoon with Representative Paul D. Ryan, the vice presidential candidate. The price of entry is $1,000 per person and $5,000 for a photo, presumably with Mr. Ryan.

On Monday morning, one prominent hedge fund manager serving as an event co-chair e-mailed a blast solicitation to his contacts. He pointed them toward an article on Politifact about Mr. Romney helping a colleague of his at Bain Capital help locate his teenage daughter. The article, wrote the hedge fund manger, helps “demonstrates the kind of leader Mitt Romney is.”

He went on to write: “If you believe in capitalism over socialism and that our country's fiscal debt crisis is the most important issue facing us today, I ask that you strongl y consider donating to his campaign and asking your friends to do so as well. Don't hesitate, the time is NOW! Don't donate for me, do it for your kids, your grandkids and our country.”

The nearly 200 co-chairs include some of the more public supporters of Mr. Romney, including the New York Jets owner Woody Johnson and the hedge fund executives Dan Loeb and Anthony Scaramucci.

But a batch of hedge fund and private equity bigwigs show up on the list, underscoring the broad and deep backing that Mr. Romney is receiving from the upper echelons of Wall Street.

Among the hedge fund notables co-chairing Monday's reception: David Tepper of Appaloosa Management; John Paulson of Paulson & Company; and John Griffin of Blue Ridge Capital. On the private equity side, there is Josh Harris and Marc Rowan, the co-founders of Apollo Global Management; Blackstone Group executives Michael Chae and Prakash Melwani; Alex Navab from Kohlberg Kravis Roberts; and Barry Volpert of Crestview Partners.

A number of prominent former Wall Street executives show up on the list, including John Mack, the former chief executive of Morgan Stanley, and John Whitehead, who ran Goldman Sachs in the 1970s and 1980s.

The Ryan event is happening alongside a number of Republican fund-raising confabs in New York, including a retreat at the Waldorf Astoria - a hotel owned by Blackstone - for the campaign's top donors.


Invitation to Romney Fundraiser (PDF)

Invitation to Romney Fundraiser (Text)



Rothschild Resigns from Board of Mining Company

LONDON â€" The British financier Nathaniel Rothschild on Monday resigned from the board of the mining company Bumi that he helped to create.

The move comes as the Bakrie family, an Indonesian dynastic family who partnered with Mr. Rothschild's to build the London-listed mining company, announced last week that they had offered to buy almost all of the coal mining assets owned by Bumi.

In a letter to Samin Tan, the Indonesian mining mogul and chairman of Bumi, Mr. Rothschild said that he regretted bringing the Bakries to London as part of the mining venture.

He added that their proposed acquisition of Bumi's mining assets should not go ahead while questions remained about allegations of financial misconduct at some of the company's subsidiaries.

“It would be a disgrace to proceed with, or even to entertain, the proposal made by the Bakries last Wednesday,” the British financier said. “I believe that this proposal is so obviously not in the inte rests of minority shareholders that I find it impossible to stay on as a director.”

The announcement follows a long-standing feud between Mr. Rothschild, whose family can date its heritage in the European banking industry back to the 18th century, and his Indonesia partners.

After Mr. Rothschild called for a shake-up in Bumi's management late last year, the Bakries maneuvered to reduce his influence by selling a stake in the company to Mr. Tan, who subsequently became its chairman.

In September, Bumi announced an investigation into irregularities at its subsidiary, PT Bumi Resources.

The allegations relate to financial accounting records for last year in which certain investments were marked down to zero, according to a statement from the London-listed company.

“I am afraid that I have lost confidence in the ability of the board to stand up for investors,” Mr. Rothschild said in his letter on Monday.

Last week, the Bakries responded by offering to acquire Bumi's 29.2 percent stake in PT Bumi Resources.

Under the terms of the proposed deal, companies controlled by the Bakrie family would swap their 23.8 percent stake in Bumi for a 10.3 percent holding in PT Bumi Resources. The Indonesian family would then offer to buy the remaining 18.9 percent stake in the Indonesian coal mining company for cash by the end of the year.

The Bakries also had proposed to buy Bumi's majority control of PT Berau Coal Energy, another Indonesian mining company, within the next six months. The two deals could be worth a combined $1.2 billion.

In his letter, Mr. Rothschild said Mr. Tan could be in line to receive £10.91 ($17.53) a share as part of the proposed deal, while other investors may only offered £4.30 a share for their stakes.

“You appear determined to drive through the Bakries' proposal,” the British financier said in his letter to Bumi's chairman.

A representative for the Bakries could not be immediately reached for comment.



SoftBank Sets a Record With Sprint Deal

Japanese companies have done a string of deals in the United States this year, but the pact announced Monday is one for the record books.

The agreement by SoftBank to take control of Sprint Nextel is the biggest deal by a Japanese company in the United States since at least 1980, according to Thomson Reuters, which values Monday's deal at $23.3 billion.

That far exceeds the next-largest deal: the $9.8 billion stake that NTT DoCoMo, SoftBank's rival, took in AT&T Wireless in 2000.

The SoftBank deal is also worth more than some recent takeovers, including Takeda Pharmaceutical's 2008 purchase of Millennium Pharmaceuticals for $8.1 billion. It also tops the $7.8 billion agreement that the Mitsubishi UFJ Financial Group struck with Morgan Stanley in the depths of the financial crisis in 2008, according to Reuters data.

Monday's deal is a welcome development for the financial advisers involved, in a year starved for deal activity.

The agreement ha s lifted Citigroup, an adviser to Sprint, to sixth from seventh place in Thomson Reuters's global league table this year. Sprint's other advisers, UBS and Rothschild, each moved up one spot as well.

One of SoftBank's advisers, the Raine Group, entered this year's worldwide league table in 30th place after the deal. (The deal is the Raine Group's biggest, according to Reuters.) The Mizuho Financial Group, another SoftBank adviser, rose to 17th from 22nd place.

For American consumers, SoftBank is set to be the latest Japanese company to make its mark on daily life in this country.

In 1989, the Mitsubishi Estate Company made headlines with a deal to buy a 51 percent stake in the Rockefeller Group in New York. (The stake eventually grew to 100 percent, after Rockefeller went through bankruptcy.)

One analyst drew a comparison to that deal last week, when Sprint confirmed it was in talks with SoftBank. Craig Moffett, an analyst with Sanford C. Bernstein, wa s skeptical of the tie-up.

“This is tantamount to Japanese buyers buying Rockefeller Center,” he said.

The year 1989 was also when the Japanese electronics giant Sony took a foothold in Hollywood. Its roughly $4.7 billion purchase of Columbia Pictures Entertainment was a blockbuster at the time.

On Monday, SoftBank's shares fell 5.3 percent, with investors concerned over the company's ability to turn around the ailing Sprint.

LARGEST U.S. DEALS BY JAPANESE COMPANIES Mergers and acquisitions since 1980.
DATETARGETBUYER (PARENT COMPANY)VALUE (in billions)
Source: Thomson Reuters
Oct. 15, 2012Sprint NextelSoftBank$23.3
Nov. 30, 2000AT&T Wireless GroupNTT DoCoMo9.8
April 10, 2008Millennium Pharmaceut icalsMahogany Acquisition (Takeda Pharmaceutical)8.1
Sept. 29, 2008Morgan StanleyMitsubishi UFJ Financial Group7.8
Sept. 24, 1990MCAMatsushita Electric Industrial7.1
May 5, 2000VerioNTT6.3
May 29, 2012Gavilon GroupMarubeni5.6
Feb. 6, 2006Westinghouse ElectricInvestor Group (Toshiba, The Shaw Group, Ishikawajima-Harima Heavy Industries)5.4
July 23, 2008Philadelphia Consolidated HoldingsTokio Marine Holdings4.7
Sept. 25, 1989Columbia Pictures EntertainmentSony USA (Sony)4.6


Business Day Live: A Risky Financial Lifeline

Why reverse mortgages are costing some older Americans their homes. | Sprint to sell a controlling stake to SoftBank of Japan. | A swift reversal in fortunes for high-speed trading firms.

American Politics and Chinese Data

In the midst of increasingly heated election rhetoric about China, Beijing has released some important economic data as its currency hits record highs.

SEPTEMBER'S TRADE NUMBERS were mixed, and at least one analyst suggested that the upside surprise in export data was a result of the introduction of the iPhone 5.

The inflation rate of 1.9 percent was close to the slowest rate since 2010 and China's broad measure of money supply (M2) grew at 14.8 percent, the fastest rate in 14 months.

On Thursday Beijing will release third quarter gross domestic product. The consensus forecast is 7.4 percent, below Beijing's 7.5 percent target and possibly a “a rare treat to the perma-bears.”

CHINA'S CURRENCY, the renminbi, continues to hit record highs, at one point Monday making an intraday high for the third day in a row. The reasons for the surge are unclear, with suggestions ranging from increased confidence in a Chinese recovery to “electioneering” in the last month before the United States election.

On Friday the United states Treasury delayed until mid-November a semiannual, Congressionally mandated report that must declare whether or not China manipulates its currency. Delays of this report are not uncommon, but it certainly is convenient to push it past the election.

Zhou Xiaochuan, head of the People's Bank of China, said in a speech over the weekend that the value of the renminbi is set by the market and the value is now near equilibrium. Mr. Zhou's deputy delivered the speech at the annual International Monetary Fund conference, held this year in Tokyo, as Mr. Zhou declined to attend, apparently as a result of the ongoing islands dispute with Japan.

Not everyone agrees that the currency's value is determined by the market or trades near equilibrium.

Both Mitt Romney and his running mate, Paul D. Ryan criticized the Obama administration for delaying the release of the currency report, with Mr . Romney repeating his claim that “Day One, I will label China a currency manipulator. We got to get those jobs back and get trade to be fair”.

CHINA DOES NOT SEEM PLEASED at the idea of a Romney presidency. Last month Xinhua, the official news service, sounded almost like an Obama campaign ad when it wrote that Mr. Romney's China-bashing talks are “useless” to the U.S. economy.

Treasury Secretary Timothy Geithner addressed the merits of labeling China a currency manipulator in April, saying that:

Nothing would happen, except you would diminish the incentive they have to move. It comes with no effective sanction or action. If it had been an effective way to get change in China, then bipartisan, Democrat and Republican presidents over time would have embraced that basic strategy. But it had no merit as a basic strategy. And it does carry the risk of a trade war, which is why there's so much opposition to that basic policy.

Mr. Geithner's comments remind us that United States policy toward China has actually been remarkably consistent over the last 30 plus years, across Republican and Democratic administrations.

Romney supporter and “old wise man” of the United States-China relationship, Hank Greenberg, told Bloomberg News that he expects Mr. Romney to maintain that bipartisan consistency and “abandon his China stance” if elected:

Do you want China to be an enemy or a friend?” Greenberg, 87, asked. “We have a choice between a trade agreement or a trade war. I choose a trade agreement and I hope that we will.”

CHINA IS UNLIKELY TO BE SWAYED by threats over its currency. Arthur Kroeber of GK Dragonomics explained the political economy of the renminbi in a Foreign Policy magazine essay last year. Mr. Kroeber argues that the Chinese government sees the exchange rate not just as a price but as a tool in a broader development strategy and suggests that:

U.S. policy should therefore de-emphasize the exchange rate, where the potential for success is limited, and instead focus on keeping the pressure on China to maintain and expand market access for American firms in the domestic Chinese market - which in principle is provided for under the terms of China's accession to the World Trade Organization.

Therein lies one of the main problems in the United States-China economic relationship, one that is succinctly explained in James McGregor's new book “No Ancient Wisdom, No Followers: The Challenge of Chinese Authoritarian Capitalism.”

Mr. McGregor argues that China's state-owned enterprises and authoritarian capitalist system, the “China Model”, may be increasingly incompatible with the global trade system.

Americans deserve a substantive discussion about China from our presidential candidates, and perhaps they will get one, as one of the topics for the third debate is “the rise of China and tomorrow's world.”



CNH Rejects Merger Deal from Fiat Industrial

LONDON â€" The agricultural and construction equipment company CNH on Monday rejected a proposed merger with its Italian majority shareholder Fiat Industrial.

The Italian company already owns an 88 percent stake in CNH, and had proposed earlier this year to buy the remaining shares in the U.S. company in a share swap that would give CNH investors around 4 shares in Fiat Industrial for each CNH share.

Fiat Industrial, which manufactures capital goods like trucks and commercial vehicles, had hoped that the deal would allow the Italian company to obtain a U.S. listing.

The Italian company had said it would not offer a premium to acquire CNH's outstanding shares, which have risen less than 1 percent since the merger was first proposed in late May, because the deal would not result in cost savings.

The proposed deal is dependent on CNH's board agreeing to the merger, but the U.S. company said on Monday that the proposal would not be in the best interest of the company's shareholders.

“We have unanimously concluded that the proposal is inadequate,” the Chicago-based company said in a statement.

In response, the Italian company, which was spun out from the automaker Fiat, said it would meet with CNH to determine whether both sides could reach an agreement.

Fiat Industrial “remains committed to the strategic and financial benefits of the merger, which would simplify the group's capital structure by creating a single class of liquid stock listed in New York,” the company's chairman, Sergio Marchionne, said in a statement.



A Corporate Boss With a Taste for Risk Makes His Latest Big Bet

By buying majority control of Sprint Nextel for $20.1 billion, Softbank is making an enormous bet that it can turn around a flailing company beset by larger rivals.

It's not the first time that the Japanese company and its chief executive, Masayoshi Son, has taken on a daunting gamble.

Known as a voluble entrepreneur given to pursuing his vision despite naysayers' criticisms, Mr. Son believes that by buying Sprint, he can help the ailing cellphone service provider trump the duopoly of Verizon and AT&T that has long dominated the American market.

It's a game plan that he followed in 2006, when Softbank bought Vodafone‘s Japan arm for $15 billion, in an effort to add mobile communications as his company's latest division.

And much of that drive is based on Mr. Son's belief that he is simply smarter and more agile than the existing market players.

“We are from the Internet world,” he said during an analyst call on Monday. “We are differen t from the incumbent telephone companies.”

Begun as a software publisher in 1981, Softbank successfully moved into Internet services, amassing a market value of up to $180 billion. He partnered with a nascent Yahoo to create the American company's joint venture in Japan, which gave him a stake in a then-rapidly growing Web giant.

After the dot-com boom had busted, however, Softbank's stock capitalization shrank to as little as $20 billion.

Mr. Son persevered and rebuilt his company, before staking a significant portion of its future on wireless services. By 2006, Japan's cellphone market was dominated by NTT DoCoMo and KDDI, with Vodafone's operation stuck in a distant third place.

He aimed to change that dynamic with a combination of aggressive marketing and savvy pricing. Until last year, Softbank was the only Japanese service provider to offer the iPhone. And it has rolled out services like the White Plan, a voice-and-data plan with a simplified pricing scheme that caught on with metropolitan subscribers. (That's despite offering what some analysts describe as the worst coverage in Japan.)

And Softbank has been heavily focused on expanding its Long Term Evolution high-speed data network, employed by the latest batch of smartphones.

That strategy has produced results. Softbank has raised its earnings before interest and taxes to $2.5 billion for its 2012 fiscal year, outstripping KDDI, according to a presentation published on Monday. And if the company's $2.3 billion purchase of a smaller rival, eAccess, goes through, it will overtake KDDI as Japan's second-biggest mobile service provider.

The game plan had put Softbank on the path to paying down its significant debt load, which stood at nearly $13 billion as of June 30. But news of the company's designs for Sprint weighed heavily on its shares, as investors fretted about the enormous amounts of borrowing needed to finance that transaction and the A merican company's turnaround. Shares in Softbank fell 5.3 percent on Monday, to 2,268 yen, and have tumbled nearly 17 percent since last Thursday.

Still, Mr. Son apparently believes that moving into a new market - a larger one with plenty of growth in the lucrative smartphone sector - is a better strategy over all for his company and its investors. Softbank's plans include aiding Sprint in upgrading its network to L.T.E., as well as using its new partner as a vehicle to roll up smaller competitors and battle with the reigning cellphone network operators.

“It's not an easy path to go,” Mr. Son said at a press conference in Tokyo, according to Bloomberg News. “But without taking on a challenge, we may end up facing bigger risks.”



Royal Bank of Scotland Faces Tough Market in Branch Sale

LONDON â€" The Royal Bank of Scotland is expected to settle for a lower price as the bank looks to sell a number of its British branches after Santander of Spain pulled out of a deal to buy them for £1.7 billion ($2.7 billion).

The British bank, which is 81 percent owned by taxpayers after receiving a government bailout, faces the prospect of few potential acquirers looking to mount a bid for the 316 branches spread across Britain.

The new sale comes as the European banking sector continues to struggle from the Continent's debt crisis, and any potential bidder would likely demand a large discount to what Santander had agreed to pay in 2010.

Banks are facing stricter capital requirements that may hamper interest in a rival firm bidding for the assets, while European bank lending also remains weak because of poor consumer demand for borrowing.

Potential acquirers may include Richard Branson's Virgin Money, which also tried to buy the branches t wo years ago. The American private equity firm J.C. Flowers, whose founder J. Christopher Flowers recently moved to London, is also reported to be considering an approach.

The new price tag for the branch network would likely total around £1 billion, according to Cormac Leech, an analyst with Liberum Capital in London.

“Even if alternative bids do materialize for the business, which remains uncertain, we expect they would be at much lower valuations than the original deal,” Andrew Coombs, an analyst with Citigroup, said in a research note to investors on Monday.

The reduction in price follows an announcement late on Friday that R.B.S. and Santander had failed to complete the multi-billion dollar deal. The two banks had been negotiating for almost two years to finalize the sale, but had been bogged down with a number of technical challenges.

Following the government bailout during the recent financial crisis, the British bank had been ordere d to sell the branch network, which has around 1.8 million customers.

R.B.S. has until the end of next year to sell the units, which represented around 5 percent of the bank's pretax profit last year.

The Edinburgh-based bank also may now look to pursue an initial public offering for the unit, though analysts say investor appetite for the British-focused business could be subdued.

Last week, R.B.S. raised $1.3 billion through the listing of its insurance division, Direct Line, which the British bank also has been forced to sell as part of its government bailout.

In early afternoon trading, shares in R.B.S. had fallen 1.6 percent in London.



Citigroup Earnings Plummet in Third Quarter

Citigroup said on Monday that its third-quarter earnings plummeted because of a $4.7 billion loss related to the joint venture brokerage business Morgan Stanley Smith Barney.

Last month, Citigroup agreed to sell its part of the joint venture, beginning with a 14 percent stake, to Morgan Stanley. Citigroup said at the time that it was writing down the value of its remaining interest in the brokerage business.

The loss was offset slightly by an uptick in mortgage lending and buoyed by a rebound in capital markets. The nation's third-largest bank reported net income of $468 million, or 15 cents a share, on revenue of $14 billion, compared with net income of $3.8 billion, or $1.23 a share, in the quarter a year earlier.

Excluding the loss on its brokerage unit, a one-time accounting charge and credit adjustments, Citi earned $3.27 billion, or $1.06, up from $2.57 billion, or 84 cents a share, in the quarter a year earlier.

Citi was expected to record earnings per share of 96 cents on revenue of $18.7 billion.

Under the leadership of Vikram S. Pandit, its chief executive, the bank has worked to slash the bank's expenses and reduce its credit losses. “Our core businesses showed momentum during the quarter as we increased lending and generated higher operating revenues,” Mr. Pandit said in a statement.

Along with Bank of America, Citigroup was among the banks most crippled by the financial crisis of 2008. Mr. Pandit has vowed to restore the bank to profitability, in part by shedding more troubled assets.

Citigroup is still trying to work through the glut of bad assets it holds in its Citi Holdings Unit.

Increasingly, a large share of the company's earnings stem from its consumer banking unit in North America, which includes mortgage lending.

While Citigroup didn't get the same mortgage boost as rivals JPMorgan and Wells Fargo, which reported robust profits on Friday from a refinancing fren zy, the bank reported an 18 percent increase in profit in its North American Banking segment, in part because of mortgage lending.

The bright spot for Citi on Monday was a 67 percent increase in profits from its securities and banking unit. The bank benefited from revived capital markets activity.

Outside of the United States, however, some of Citi's results were lackluster. Profit fell 3 percent in its international consumer banking unit to $862 million from $885 million a year earlier.



Sprint Clinches Deal With SoftBank

SPRINT CLINCHES DEAL WITH SOFTBANK  |  Sprint Nextel is selling 70 percent of itself to SoftBank for $20.1 billion. The deal, which was announced on Monday, is Sprint's boldest attempt to improve its fortunes as it faces new pressure from rivals, DealBook reports.

SoftBank, a big Japanese telecommunications company, said it would pay $8 billion to buy newly issued Sprint stock and $12.1 billion to buy existing stock from other investors at a premium. Sprint's shares have risen 14 percent since the company confirmed on Thursday it was in talks with SoftBank. The transaction, which is expected to close in the middle of 2013, ends speculation about Sprint's fate after T-Mobile agreed to combine with MetroPCS. DealBook notes that “Sprint is also working to gain more control over Clearwire, the wireless broadband company in which it owns a large stake, people famil iar with the matter said.”

 

CITIGROUP TO REPORT EARNINGS  |  Bank earnings continue with Citigroup at 8 a.m. Analysts expect the bank to report earnings of 96 cents a share, compared with $1.23 a share in the period a year earlier. The results, in any case, will be analyzed for clues to the health of the broader banking sector. JPMorgan Chase and Wells Fargo, which reported earnings on Friday, were helped by a pickup in mortgage lending. But investors still had reservations, as shares of both banks closed lower on Friday.

On Citigroup's conference call at 11 a.m., you can expect to hear about how regulations are affecting the bank's business. Bankers tend to blame the government for hindering mortgage lending, DealBook's Peter Eavis writes, but that argument leaves out some important realities.

 

NOBEL GOES T O 2 AMERICANS  |  The Nobel Memorial Prize in Economic Sciences was awarded to Alvin E. Roth of Harvard (soon to be at Stanford) and Lloyd S. Shapley of U.C.L.A., “for the theory of stable allocations and the practice of market design.”

 

MORGAN STANLEY TO BE SUED OVER MORTGAGES  |  Banks' risky ways during the mortgage boom are coming back to haunt them, with Wells Fargo and JPMorgan Chase being sued this month. Now, the American Civil Liberties Union is taking aim at Morgan Stanley's mortgage machine in a lawsuit expected to be filed on Monday, claiming that the investment bank fueled risky mortgage lending directed at African-American borrowers, Jessica Silver-Greenberg reports in The New York Times. The lawsuit says Morgan Stanley pressured a now-defunct lender, New Century, to “churn out the wildly profitable loans that came wit h ‘dangerous' characteristics,” according to The Times.

 

ON THE AGENDA  | 
The president of the Federal Reserve Bank of New York, William C. Dudley, speaks at a National Association for Business Economics conference in New York at 8 a.m. George Soros speaks at the conference at 11:45 a.m. Paul Volcker is at N.Y.U.'s Stern School of Business at 5:45 p.m. in a conversation with William L. Silber, the author of a new book on the former Fed chairman. Laurence Fink of BlackRock and Robert Greifeld of Nasdaq join two other chief executives for a discussion on the federal debt at 4 p.m. on Bloomberg TV. Randi Zuckerberg, sister of Mark and executive producer for “Start-ups: Silicon Valley,” is on CNBC at 10:40 a.m. Charles Schwab reports earnings before the opening bell, and the brokerage firm's chief executive is on CNBC at 7 p.m. Data on retail sales for September are to be released at 8:30 a.m.

 

HIGH-SPEED TRADING COOLS DOWN  | 
Dominating the stock market may not be so lucrative after all. High-frequency trading firms, “struggling to hold onto their gains,” are expected to make no more than $1.25 billion in profit this year, down 35 percent from last year, Nathaniel Popper reports in The New York Times. “While no official data is kept on employment at the high-speed firms, interviews with more than a dozen industry participants suggest that firms large and small have been cutting staff, and in some cases have shut down.”

 

ROMNEY'S IN-HOUSE ECONOMIST  | 
The economist behind Mitt Romney's policies is R. Glenn Hubbard, the dean of Columbia Business School, who straddles “the occasionally uncomfortable line between acade mia and politics,” The New York Times writes. Mr. Hubbard, like the Republican candidate, would like to repeal the Dodd-Frank financial overhaul and lower taxes. But he is more than just a pundit. If Mr. Romney is elected, Mr. Hubbard may be in the running for the job of Treasury secretary or even Federal Reserve chairman, The Times writes. He may have more to say on CNBC on Monday at 4:20 p.m.

 

 

 

Mergers & Acquisitions '

Advent Offers to Buy Douglas Holding for $1.9 Billion  |  The private equity firm Advent International has ended a year of talks with a deal to buy Douglas Holding, the German cosmetics retailer. BLOOMBERG NEWS

 

Bidders Line Up for R.B.S. Branches  |  Virgin Money and the private equity investor Christopher Flowers are each interested in branches being sold by the Royal Bank of Scotland, according to The Financial Times. The assets were to be sold to Banco Santander, but that agreement fell apart last week. FINANCIAL TIMES  |  REUTERS

 

Amazon Said to Be in Talks for Unit of Texas Instruments  |  The online retailer Amazon is looking to buy the mobile chip business of Texas Instruments, according to a report in an Israeli newspaper. REUTERS

 

Vivendi Assets Attract Interest From Potential Bidders  |  Vivendi's Brazilian telecommunications business GVT and its stake in an African phone operator are being eyed by some potential buyers, and bidding “may begin within a month or two,” The Wall Street Journal reports. WALL STREET JOURNAL

 

Bid to Buy China Gas for $2.2 Billion Collapses  |  Sinopec and ENN Energy Holdings said they had abandoned their offer after failing to get regulatory approval. REUTERS

 

INVESTMENT BANKING '

HSBC Said to End Agreements With Some Hedge Funds  |  HSBC is ending fund-administration agreements with some smaller Asian hedge funds “to focus on more profitable ones,” according to Bloomberg News. BLOOMBERG NEWS

 

Gorman, Wall Street ‘Visionary'  |  William D. Cohan writes in a column in Bloomberg News that James P. Gorman, Morgan Stanley's chief executive, has evidently decided that “the time has come to refashion Wall Street into a lower-risk, presumably far safer enterprise.” BLOOMBERG NEWS

 

Charges Dropped in Stabbing Case  |  A former Morgan Stanley executive who was accused of stabbing a cabdriver will not face charges, Bloomberg News reports. BLOOMBERG NEWS

 

Banks Make a Push to Hire Military Veterans  | 
WALL STREET JOURNAL

 

PRIVATE EQUITY '

< span class="title">Cinven Said to Raise $5.2 Billion for Latest Fund  |  The British private equity firm is 80 percent of the way toward its goal for the fund, according to Bloomberg News. BLOOMBERG NEWS

 

Blackstone Collects on London Real Estate Investments  | 
BLOOMBERG NEWS

 

Virgin Mobile Looks to Tap Private Equity  |  The carrier is raising up to $100 million from “wealthy investors and private equity groups,” according to The Financial Times. FINANCIAL TIMES

 

HEDGE FUNDS '

Failing Grades for University Endowments  |  James B. Stewart writes in his column in The New York Times that data show that university endowments of various sizes “all underperformed a simple mix of 60 percent stocks and 40 percent bonds over one-, three- and five-year periods.” NEW YORK TIMES

 

Man Group Insiders to Be Allowed to Sell Shares  |  The founders of GLG Partners, a hedge fund that was bought by the Man Group two years ago, will be able to sell shares on Monday. But the deal that brought them into the giant hedge fund has amounted to a $220 million paper loss, The Financial Times writes. FINANCIAL TIMES

 

Caxton Associates to Lower Its Fees  |  The $7.5 billion hedge fund is reducing its management fee to 2.6 p ercent from 3 percent, and its performance fee to 27.5 percent from 30 percent, The Wall Street Journal reports, citing unidentified people familiar with the firm. WALL STREET JOURNAL

 

I.P.O./OFFERINGS '

Workday Soars 74% in Debut  |  Capping a spate of strong initial offerings last week, Workday, the software company, opened 72 percent above its offer price of $28 in its debut on Friday, on heavy trading volume. DealBook '

 

Abraaj Capital Considers I.P.O. of Egyptian Medical Company  | 
REUTERS

 

VENTURE CAPITAL '

A Large Adv ertiser Favors Twitter  |  General Motors did not see much value in advertising on Facebook, but the company says there has been a robust response to its ads on Twitter, The Financial Times reports. FINANCIAL TIMES

 

New Details of Cornell's High-Tech Campus  |  Cornell's new school, to be completed in 2037, is “expected to transform Roosevelt Island from a sleepy bedroom community into a high technology hothouse,” The New York Times writes. NEW YORK TIMES

 

LEGAL/REGULATORY '

Admirers of Gupta Urge Leniency  |  Bill Gates and Kofi Annan wrote letters to a judge on behalf of Rajat K. Gupta, a former McKinsey & Company leader fac ing sentencing for insider trading, Bloomberg News reports. BLOOMBERG NEWS

 

Fresh Scrutiny for Reverse Mortgages  |  Regulators are finding new instances of abuses in reverse mortgages, including lenders that are “aggressively pitching loans to seniors who cannot afford the fees associated with them, not to mention the property taxes and maintenance,” The New York Times reports. NEW YORK TIMES

 

The Political Viability of a Cap on Bank Size  |  Simon Johnson writes in a column in Bloomberg News that a recent argument by Daniel K. Tarullo, a Fed governor, is “a significant - perhaps even dramatic - shift in thinking at the central bank.” BLOOMBERG NEWS

 

The Limits to Liquidation Authority  |  A challenge to the Dodd-Frank power by some states is not compelling, yet questions remain over how authorities would deal with subsidiaries when a big financial institution fails, Stephen J. Lubben writes in the In Debt column. DealBook '

 

Bernanke Defends Global Effects of Fed's Policy  | 
REUTERS

 

Little Agreement Among Global Financial Leaders  | 
WALL STREET JOURNAL

 

F.T.C. Raises Antitrust Pressure on Google  |  The Federal Trade Commission is preparing to recommend that the government sue Google, The New York Times reports. NEW YORK TIMES

 

Trial Date Set for Sidelined Goldman Executive  |  The Securities and Exchange Commission's case against Fabrice Tourre, who is on leave as a Goldman Sachs vice president, is set to begin trial on July 15. BLOOMBERG NEWS

 



Qatar Is Liking Xstrata-Glencore Merger

DUBAI | Mon Oct 15, 2012 7:02am EDT

Oct 15 (Reuters) - Qatar, the second-largest investor in miner Xstrata, is looking favourably at the company's proposed merger with commodities trader Glencore, Prime Minister Sheikh Hamad bin Jassim al-Thani said on Monday.

Asked at a news conference if Qatar would support a merger, Sheikh Hamad said: "It is under a lot of consideration and focus. We are looking in favour of a merger between the two companies."

The tiny, gas-rich Gulf state has become an unexpected kingmaker in Glencore's bid for Xstrata, the world's fourth largest diversified miner.

Glencore bid in February for the shares in Xstrata it did not already own, launching one of the resources sector's biggest-ever takeover deals. It was forced to raise its price after Qatar opposed the deal.

Sheikh Hamad did not comment specifically on whether Qatar was satisfied with all aspects of the raised bid, or whether the Gulf state would ultimately cast its vote for the merger.



Qatar Is Liking Xstrata-Glencore Merger

DUBAI | Mon Oct 15, 2012 7:02am EDT

Oct 15 (Reuters) - Qatar, the second-largest investor in miner Xstrata, is looking favourably at the company's proposed merger with commodities trader Glencore, Prime Minister Sheikh Hamad bin Jassim al-Thani said on Monday.

Asked at a news conference if Qatar would support a merger, Sheikh Hamad said: "It is under a lot of consideration and focus. We are looking in favour of a merger between the two companies."

The tiny, gas-rich Gulf state has become an unexpected kingmaker in Glencore's bid for Xstrata, the world's fourth largest diversified miner.

Glencore bid in February for the shares in Xstrata it did not already own, launching one of the resources sector's biggest-ever takeover deals. It was forced to raise its price after Qatar opposed the deal.

Sheikh Hamad did not comment specifically on whether Qatar was satisfied with all aspects of the raised bid, or whether the Gulf state would ultimately cast its vote for the merger.



German Retailer Douglas in $1.9 Billion Buyout Deal

LONDON â€" The buyout firm Advent International on Monday offered to buy the German retailer Douglas for around $1.9 billion.

Under the terms of the deal, Advent said it was partnering with the Kreke family, which founded the German company, in a bid worth 38 euros ($49.26) a share.

The offer represents a 9.1 percent premium on the retailer's closing price on Friday. In morning trading in Germany, shares of Douglas was up 7.8 percent, to 37.5 euros.

Advent said it had already secured the support from Douglas' three largest shareholders that own a combined 50.5 percent stake in the German retailer. The buyout firm needs the backing of 75 percent of Douglas' investors to acquire the company.

By joining forces with the Kreke family, the buyout firm said it planned to focus on growth within Douglas' perfume and jewelry division if the acquisition is successful. The deal would come at a difficult time for European retailers, which continue to suffer from a reduction in consumer spending because of the Continent's ongoing debt crisis.

“We are convinced that the public tender offer is very attractive,” Ranjan Sen, general manager of Advent International, said in a statement.

The announcement follows an announcement from Douglas earlier this year that it was in discussions with a number of acquirers about a potential takeover.

The German retailer has revenue of around 3 billion euros and employs 24,000 people in 1,900 locations, according to a company statement.

Advent already operates a number of European retailers, including the French fashion company Gérard Darel and the German retailer Takko Fashion.



Sprint Agrees to Sell Majority Stake to SoftBank

4:15 a.m. Monday | Updated

The struggling cellphone service provider Sprint Nextel has agreed to sell 70 percent of itself to SoftBank of Japan for $20.1 billion, its boldest move yet to revive its fortunes.

In a statement on Monday, SoftBank, a big Japanese telecommunications company, said it would pay $8 billion to buy newly issued Sprint stock worth about $5.25 a share. It will then pay $12.1 billion to buy existing stock from other investors at $7.30 a share, a premium to current levels.

The deal remains subject to approval by regulators and Sprint's shareholders, but has been approved by the boards of both companies, SoftBank said in the statement. The transaction is expected to close in the middle of 2013.

Shares in Sprint have risen 14 percent since the wireless company confirmed on Thursday that it was in negotiations with SoftBank, closing at $5.73 on Friday.

Sprint is also working to gain more control over Clearwire, a wireless broadband company in which it owns a large stake, people familiar with the matter said. But closing the transaction with SoftBank is the biggest priority for now.

Once completed, the deal would give Sprint some much-needed cash as it aims to compete against its bigger rivals, Verizon Wireless and AT&T.

Sprint, which has long struggled to recover from its 2005 merger with Nextel, has been spending billions of dollars to build a next-generation data network to support the latest smartphones like the Apple iPhone 5.

It remains well behind Verizon and AT&T in offering Long-Term Evolution, or LTE, data service, though the company is well ahead of T-Mobile USA, the country's fourth-largest wireless service provider.

At the same time, Sprint is laboring under nearly $21 billion of debt, some of which is set to mature next year.

And if a proposed merger of T-Mobile and MetroPCS is completed, Sprint will face a tougher competitor in the world of lower-priced cellphone service. Both companies have pitched unlimited data plans to customers at lower costs than those for plans offered by the big two providers.

Sprint has often hinted that deal-making was in its future. Its chief executive, Daniel Hesse, has said that he expects to participate in the industry's continuing consolidation.

But the deal with SoftBank came as a surprise to many analysts and investors. Until now, the Japanese company has been focused on gaining share in its home market, largely through acquisitions and building out an LTE high-speed data network. And until recently, it had been focused on reducing its enormous debt load, which stood at nearly $13 billion as of June 30.

Shares of SoftBank fell nearly 17 percent after it confirmed the talks last week and dropped another 5.3 percent, closing at 2,268 yen apiece, in trading in Tokyo on Monday.

Still, the Japanese company's chief executive, Masayo shi Son, has harbored ambitions to move into the much bigger American market. Sprint has been one of the few significant players up for grabs, and may eventually serve as a vehicle for future deals - perhaps even one for the enlarged T-Mobile, several years from now.

The two sides are betting that American government regulators will favor any transaction that strengthens competition, avoiding the harsh opposition to AT&T's $39 billion bid for T-Mobile last year.

Mr. Son, an Internet entrepreneur, had already broken into an industry dominated by two established rivals when he bought Vodafone's Japanese arm in 2006. He has steadily built the company into a major new competitor, one poised to become Japan's second-biggest wireless service provider, after NTT DoCoMo, with the acquisition of a smaller rival, eAccess.

The Raine Group and Mizuho Securities were lead financial advisers to SoftBank. Deutsche Bank also provided legal advice. SoftBank's legal adv isers included Morrison & Foerster as lead counsel, Mori Hamada & Matsumoto as Japanese counsel, Dow Lohnes as regulatory counsel, Potter Anderson Corroon LLP as Delaware counsel, and Foulston & Siefkin LLP as Kansas counsel.

Citigroup, Rothschild and UBS advised Sprint. Skadden, Arps, Slate, Meagher & Flom was lead counsel to Sprint. Lawler, Metzger, Keeney & Logan served as regulatory counsel, and Polsinelli Shughart served as Kansas counsel.